Illinois House Floor Debate — May 7, 2003

“The House shall come to order. The Members shall be in their chairs. We ask everyone to turn off your cell phones, your pagers, your computers. Don’t talk. We shall be led in prayer today by Bishop William Persell. Bishop Persell is from the Episcopal Diocese of Chicago, and he is the guest of Representative McKeon.”

“We shall be led in the Pledge of Allegiance by Representative Black.” Black – 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.”

“Roll Call for Attendance. Representative Currie.”

“Thank you, Speaker. Please let the record show that there are no excused absences among House Democrats today.” 09300054.doc 1  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003

“Mr. Bost.”

“Mr. Clerk, take the record. There being 117 Members responding to the Attendance Roll Call, there is a quorum present. Representative Bellock.”

“Mr. Brady. Mr. Brady.”

“Mr. Turner. Arthur Turner.”

“Yes, thank you, Mr. Speaker and Ladies and Gentlemen of the Assembly. We just wanna let people know, those who didn’t read the paper today. Again, the House was very victorious last night in beating the Senate by a score of 9-4. The trophy remains and it’s… as four in a row and actually it’s a lot better than that, but the trophy remains in the House. It was definitely a team effort. We tried to play everybody. Ultimately, because of his defensive efforts, Representative Willie Delgado was given the ‘MVP’ award. But it was truly a team effort. And we just wanna tell the House that we did it again, in the name of the House. Thank you.”

“Mr. Giles.” 09300054.doc 2  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Members of the Chicago delegation, and if there are other Members who would like to attend, in Room 114 there will be a response and explanation of the Chicago pension system. The dollars that the proposed budget talked about, taking those dollars out of that system. There will be an explanation and a… a rebuttal to that… that… of that proposal. So, if you want to attend that while the Republicans are caucusing, that’s in Room 114, as soon as we leave.”

“All right. Ladies and Gentlemen, let me have your attention for a few seconds. The plan is for the Republicans to go caucus immediately. And for Democrats who are interested in spending time with people from the Chicago Board of Education, concerning the impact of the Governor’s budget upon the Chicago Board of Education. Representatives from the Chicago Board of Education will be available in Room 114, immediately. We will return to Session at 2 p.m. And I’d like to direct your attention to this document which is being circulated, which provides for a change in the Session schedule. So, having said all of that, Republicans will go to caucus in Room 118. Democrats interested in meeting with the Chicago Board of Education will go to Room 114. And we will return to Session at 2 p.m. The House shall come to order. Mr. Clerk, what is the status of Senate Bill 230?”

“Mr. Washington. Senate Bill 230.”

“Thank you, Mr. Chairman… Mr. Speaker, I’m sorry. I apologize. I… I did it wrong. Okay. Senate Bill 230 amends the School Code and provides that if a teacher is elected to serve as an officer of a national teachers’ organization, that represents teaching and collective bargaining, that the school board shall grant the teacher a leave of absence of up to six years or the period of time the teacher serves as an officer, whichever is longer. Now the leave may be only be up to six years, but it amends the State Mandate Act to require implementation without reimbursement. So, I’m asking my colleagues for support in this legislation of Senate Bill 230.”

“The Gentleman moves for the passage of the Bill. There being no discussion, the question is, ‘Shall this Bill pass?’ Those in favor signify by voting ‘yes’; those opposed by voting ‘no’. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. And on this question, there are 104 people voting ‘yes’, 12 people voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. The Chair recognizes Mr. Brosnahan for the purpose of an announcement.”

“Thank you, Mr. Speaker. I rise on the point of personal privilege.”

“State your point.” 09300054.doc 4  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003

“On behalf of myself and Representative Kevin Joyce, I would like the House to give… please give a warm welcome to the seventh grade students, their parents, and teachers from Christ the King School on the southwest side of Chicago. Thank you. Welcome to Springfield.”

“Mr. Clerk, what’s the status of House Bill 3-2-9? 3-2-9.”

“Mr. Washington.”

“Thank you, Mr. Speaker. Senate Bill 329 amends the Consumer Fraud and Deceptive Business Practice Act by making it an unlawful practice to knowingly mail or send or caused to be mailed or send a postcard or letter to a recipient in this state if the postcard or letter contains a request that the recipient call a telephone number; the postcard or letter is sent to induce the recipient to call a telephone number so that merchandise may be offered for sale to the recipient. So, in essence, this is like a carrot and baits switch game. And most of the victims here, in my area, have been senior citizens. And I know we had a discussion of this Bill in committee with my colleagues on the other side of the aisle. And suggestions were made that it could have been done another way. I don’t know why the Senate chose to do this. But I’m asking for support for Senate Bill 329.”

“The Gentleman moves for the passage of the Bill. There being no discussion, the question is, ‘Shall 09300054.doc 5  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 this Bill pass?’ Those in favor signify by voting ‘yes’; those opposed by voting ‘no’. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 113 people voting ‘yes’, 3 people voting ‘no’. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, what is the status for Senate Bill 1149? 1149.”

“Mr. Clerk, put that Bill on the Order of Second Reading. Mr. Clerk, what is the status of Senate Bill 1168? 1168.”

“Mr. Washington.”

“Thank you, Mr. Speaker, 11… 1168 amends the Park System Civil Service Act, and increases the number of residents within the territor… territorial limits of a park district for the purpose of determining how offices and places of employment within that district shall be classified and filed. I’m asking support for Senate Bill 1168.”

“The Gentleman moves for the passage of the Bill. There being no discussion, the question is, ‘Shall this Bill pass?’ Those in favor signify by voting ‘yes’; those opposed by voting ‘no’. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 117 people voting ‘yes’, 0 09300054.doc 6  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, what is the status of Senate Bill 228?”

“Mr. Washington.”

“O…”

“Mr. Washington.”

“Okay. Thank you, Mr. Speaker. Senate Bill 228, it creates the Automotive Collision Repair Act. And what it does, it sets our requirements for disclosures of estimates to the consumer and notice of con… of customer rights. It provides for disclosure of invoice to customers. And it requires collision repair facilities to post a sign containing the list of the customer’s right. It contains a list of practices that are lawful for collision repair facilities to engage in. And it amends the Automotive Repair Act. Makes collision repair facilities exempt from the Act. I ask for support of Senate Bill 228.”

“Mr. Black.”

“State your inquiry.”

“Yes, we are.”

“Right.”

“Correct.”

“Right. Right.”

“Right. We understand that. That’s why we called these Bills. The Gentleman moves for the passage of the Bill. Those in favor signify by voting ‘yes’; those opposed by voting ‘no’. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 117 people voting ‘yes’, 0 voting ‘no’. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, what is the status of Senate Bill 885?”

“Put the Bill on the Order of Third Reading and read the Bill for a third time.” 09300054.doc 8  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003

“Mr. Steve Davis.” Davis, S.: “Yes, thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 885 directs the Illinois Commerce Commission to raise the monthly wholesale rates competitors pay SBC Illinois, the incumbent local exchange carrier, to lease its unbundled network elements in order to provide for local telephone service to customers. The commission must use fill factors, the portion… which is a por… the portion of a facility or element that will be filled with network usage, and depreciation rates which are defined as ‘forward-looking depreciation rates’ in determining these rates. In addition, the commission must adjust rates currently in effect within 30 days. Current monthly rates will be frozen for two years for the first 35 thousand telephone voice grade lines leased from SBC by any competitor. After two years, monthly rates increase to the higher level set by the commission. Telecommunication companies that lease more than 35 thousand lines pay the higher fee set by the commission for any lines over 35 thousand. Rates for leasing undesignated voice grade lines are not eligible for a two-year rate freeze under this proposal and are then… that are set by the commission. Also, access lines leased to payphone companies by SBC are not eligible for the two-year rate freeze under this proposal, and the rate freeze does not apply to any company or its affiliates that leases lines to payphone companies. 09300054.doc 9  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 Now, this is going to be a very controversial Bill, and I’m… I will be happy to answer any questions upon it.”

“The Gentleman moves for the passage of the Bill. The Chair expects that this will be a rather contentious debate and suggests that everybody try and restrict themselves to five minutes. Mr. Bost.”

“The Sponsor yields."

“Eileen Lyons, and if you could restrict your remarks to five minutes.” Lyons, E.: “Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Will the Sponsor yield?”

“The Sponsor yields.” 09300054.doc 14  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 Lyons, E.: “Representative, does this legislation include an… the imputation exemption, that will allow for SBC to sell below the wholesale rate?” Davis, S.: “You’re asking if this legislation will allow SBC to sell it below wholesale rate?” Lyons, E.: “Correct.” Davis, S.: “The rate that is established by the ICC? Is that the rate you’re talking about?” Lyons, E.: “Well… well, in referring to that, is it… is it accurate to say last night at 5:00, that the ICC staff made their recommendations to the ICC that the loop rates now, in the ‘A’ area, go from 2.59 to 4.23 as opposed to SBC’s proposal that they go to $11.64? And in the ‘B’ area, where the loop rates are now $7.07, that they should go to $7.88, as opposed to SBC’s proposal that they go to $23.23? And in the ‘C’ area, where the present rate is $11.40, the ICC staff is recommending that that is too much, that it should be decreased to $9.39, as opposed to SBC’s position that it should go to $26.85, is that correct?” Davis, S.: “So, is there a question in that?” Lyons, E.: “Yes, I’m asking you, are you aware of that recommendation from…“ Davis, S.: “I’m looking at this piece of paper that was handed out, and I don’t know who handed it out, but I see those numbers that you were just talking about. I am not familiar with the recommendation myself, personally. So, I don’t know, personally, what factors they used to compute this, but you understand that under this Bill, I don’t 09300054.doc 15  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 think that they used the fill factor or the depreciation provisions that are in this Bill to compute these. These are computed under current ICC standards. That would be my guess on that, and I believe I’m probably correct if… looking at these numbers.” Lyons, E.: “Using the standards that the… in compliance with the FCC and Supreme Court interpretation of how they should come to those… those standards, yes, that’s how they came to them.” Davis, S.: “Okay.” Lyons, E. “Using the Supreme Court interpretation and using the FCC recommendations, that’s how they came to those conclusions.” Davis, S.: “Okay. But, you understand that whenever we talk about the $12.38 current wholesale rate that the competitors are paying to SBC, that that is a statewide average, because they’re in zones, there are three zones, and I want everybody to understand that, too…” Lyons, E.: “Yes.” Davis, S.: “…so, the wholesale rates are different in each zone. So, the current figure, now these are new figures so I… I don’t know what the average is that they came out with, is it… the statewide average I don’t believe is shown on here, it’s shown by zone, okay.” Lyons, E.: “But, my point is, in one of those zones they’re recommending… and that zone in particular, for Members of this… of this Body, that zone that we’re talking about includes everything outside of the City of Chicago…” 09300054.doc 16  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 Davis, S.: “Okay.” Lyons, E.: “…except for very little outside the City of Chicago. That means most Members of this General Assembly, this applies to you. The ICC recommendation from the… from the staff to the board was that that zone be decreased, not increased, it be decreased from 11.40 to 9.39, not up to $26.85.” Davis, S.: “That’s ICC’s recommendation.” Lyons, E.: “Correct, based on…” Davis, S.: “Well, I’m not gonna argue that point.” Lyons, E.: “Okay.” Davis, S.: “If that’s what they’re recommending, but I’m just… and that’s fine, but that’s not what this Bill’s about, right?” Lyons, E.: “And there is a case pending before the ICC to determine what their wholesale rate should be. Obviously, SBC thinks that the wholesale rate should be different, they have a case before the ICC, that’s where it should be, that’s whoev… it should be determined. No other state has intervened with their regulatory agency and told them how to set rates. This is a regulated entity telling the regulators what they should do. To the Bill, Mr. Speaker. We had a 2001 rewrite of the telecommunications, and at that time there was competition finally introduced in the State of Illinois that will allow our constituents to have a choice. The agreement was that the competitors could use the infrastructure of the incumbent company, the ILEC, to… they could use that infrastructure, but they would have to 09300054.doc 17  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 pay for it. And they do pay. They pay costs, plus profit, plus 34 percent of the overhead. They pay for that infrastructure, no one’s giving it away free, they’re paying for it. The agreement was the long distance people would come use the local infrastructure, they would get into the local business, and SBC could get into the long distance business, that was the agreement, and it was going to create competition for our constituents. Now, all of the sudden, SBC doesn’t like competition. They’re saying they’re losing revenues. Well, if you’re a monopoly, it stands to reason that when competition comes in, you’re going to lose some revenues. They’re claiming that they have massive layoffs. Those layoffs were occurring before the competition entered this market. Those layoffs are… are a result of a merger, that’s a natural occurrence of events. They’re also telling you that in other states where the competition has to pay a higher rate… wholesale rate, they can still offer a 49.95 package. Well, they can do that because they have to cherry pick, in those states, a lower resale… a lower wholesale rate, as there is in this state, in the loop… the Chicago Loop, there’s a very low wholesale rate. Well, that’s what they have to do to be able to offer that package in other states. That is very deceiving information. There’s no two ways about this, Ladies and Gentlemen, this is a rate hike. You are going to have to explain to your constituents that you voted for their telecommunications… their phone bill to be increased, there is no doubt about it. This is… this reminds me of 09300054.doc 18  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 another Bill that we had in this General Assembly dealing with the liquor industry. And it was rammed through, you know, if this Bill is so good… most Bills… if they’re good they will stand on the test of time. Why are we rushing through with this legislation? I think there is good reason for that. Hire a bunch of powerful lobbyists to get something rammed through the General Assembly. We are being used in this game. We, the General Assembly, are asking to do what no other state has done and intervene in a regulatory agency, and tell them what to do because we want to protect the special interests in this state. We want to protect one company from fair competition. Now, that company, to… to all their credit, has made seven and a half billion dollars last year, and this year they’ve earned… the first quarter… five billion dollars. Good for them. I don’t deny them that. But don’t tell me they’re not… they don’t have the money to invest in your… in your area. This, Ladies and Gentlemen, is a playbook for other utilities to come down to the General Assembly and ask us to intervene. SBC did it. Why not ComEd, why not gas companies? This is a playbook for future utilities to come down here and ask us to intervene on their behalf. And you know, this Governor, and many of us said that we are not going to stand for business as usual, this is dirty business as usual, this is not the way we should operate. I highly resent being used by a special interest to try and accomplish what they can’t accomplish themselves, and I would urge this Body to consider their vote on this and try 09300054.doc 19  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 and explain to your constituents why you voted for a rate increase in their telephone bill. Thank you.”

“Ladies and Gentlemen, there are nine people seeking recognition. And the Chair, again, would ask for people to restrain their… restrict their remarks to five minutes. Mr. Joe Lyons, for five minutes, Sir.” Lyons, J.: “Thank you, Speaker, Ladies and Gentlemen of the House. I just want to reiterate, especially for the freshmen on the floor here, for those who weren’t involved in the Telecom Act that was passed two years ago, what that process was all about. For a year and a half, a bipartisan committee made up of House Members, Democratic- Republican side, Senate Members, Democratic-Republican side, took this issue apart. We would… we were schooled on the entire issue that was being involved as the third rewrite of this Telecommunication Act in the State of Illinois. We sat in the Stratton Building, when it got time to pass this Bill, 8:00 in the morning, for two months before we ran this Bill. We had outside experts that worked on this thing from both sides, from all parties. Each piece of this legislation was looked at carefully. The debate, like today, was back and forth, Steve on one side of the issue, others of us were on the other side. And there was an agreement that came out of there, that this thing would be revisited in four years. We passed this thing two years ago to be revisited, probably starting a year from now, to be acted on in 2005. But the big bully, the big… the big bully who’s got the ball and the 09300054.doc 20  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 bat in this game, has decided, I don’t like the way the game is going, I want to take my ball and bat and go home. I want the Legislature to do what the Illinois Commerce Commission is by statute, designed to do. This is the ultimate, special legislation I’ve seen in my seven years down here. I saw the Wirtz Bill. I saw the NFL, ‘oh, you’re gonna take that million dollars off the table or we’re not gonna build the stadium in Chicago.’ I can only imagine what happened when Comisky Park was going on down here. That would turn to be the model of the ball parks nobody else ever built once they saw it, I’m a Sox fan, to put a little humor into this. But, we are violating the process that we are down here to do as Legislators. We had something jammed down our throat in the last three days, that is afraid of the light of day because this’ll be exposed for the thing that it is; special legislation for one big bully on the block who doesn’t like the way the game is going, and they want to change it to end their competition. And anybody who votes for it, you’re gonna be… ultimately raising the rate for your telephone users. There’s all kinds of statistics out here. Are there any guarantees that the money’s gonna stay here with the investment? There’s all kinds of colored paper that’s been flying through here today. We’ve all referred to some of it. Eileen and Michael talked to this. The process we’re sent down here to do is being insulted. A hundred and twelve of us voted for this legislation two years ago to be sunsetted and go through the renewal process a year from 09300054.doc 21  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 now, not now. Voting for this thing is an insult to all of us as Legislators to the process that was set up to review this thing in an orderly time and fashion. Steve, you’re a friend of mine and we’ll be friends after this Bill, before this Bill, but this is the wrong way to do business in Illinois. We’re setting a precedent here that we have no business being in. For anybody that has changed… who has a mind who can be changed through some passionate debate, I beg ya, if you’re on the fence, vote ‘no’ for this. This is the wrong way to do business in Illinois.”

“Ladies and Gentlemen, again, if you could restrict your remarks to five minutes. Representative Hamos.”

“Thank you, Speaker, Ladies and Gentlemen. I, too, rise in strong opposition to this Bill. I had the pleasure of serving on a process, the Telecom rewrite process, but that was two years ago. At that time, we recognized that the appropriate regulatory body in the State of Illinois is not the Legislature to set rates, but the Illinois Commerce Commission. This is the most egregious end run around not only our process, but around the Illinois Commerce Commission, our regulatory body, that is really possible. With this Bill we would be the only state in the nation that would be setting a wholesale rate by law. This is because it’s a bad idea. That’s because we don’t know how to do it. Try to read this Bill. One of the opponents who spoke before said, ‘read the Bill’, you can’t read this Bill and make any heads or tails of it because we are 09300054.doc 22  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 Legislators. Now, Ladies and Gentlemen, the Illinois Commerce Commission is looking at a stack… this is a part of a larger stack that they are reviewing right now in an active case before them that sets the wholesale rate. The late-breaking news, if you haven’t heard it, if you’ve made a prior commitment to one of the lobbyists that have been wining and dining us around the rail, the late-breaking news is that the Illinois Commerce Commission, and the Illinois Attorney General, and the Federal Government Department of Defense, and all of the executive agencies on the federal level, did make an independent review and concluded that the current wholesale rates are appropriate. As of 5:00 last night, the Illinois Commerce Commission developed a set of proposals, the commission staff developed a set of proposals on what the wholesale rate should be, and they are not what is in this Bill. If you have constituents or are served in an area outside of Chicago, this Bill would increase the wholesale rates in your area from $11 to $26. The Illinois Commerce Commission staff says that should be lowered to $9. You will be going home to explain to your constituents why, instead of incre… lowering the rates to $9, why you voted to increase the rates by 135 percent. That’s what we will be asked to go home and explain with this wrongheaded Bill. The fact is, that we will have… all of you have seen the bar graph that shows that we have some of the lowest rates in the nation. Well, guess what? With this Bill, we will have the highest rates in the nation, we will have… Ladies 09300054.doc 23  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 and Gentlemen, this is really a significant thing to remember. We will be 217 percent above the Midwest average with this Bill, 217 percent above it. We will be looking at a bar graph that shows exactly the opposite, we will be 76 percent above the ten largest states. So, Ladies and Gentlemen, this is not a battle of the giants, this is not between AT&T, and MCI, and a… and SBC. This is about 50 different companies that have come into this state and are trying to do business here, and are trying to compete, and this Bill will put them out of business. And, Mr. Speaker, if this gets the requisite votes, I would like to request a verification.”

Speaker Madigan: “Representative Coulson, five minutes, please.”

“Mr. Boland, five minutes, please.”

“Thank you, Mr. Speaker. As some of you know, you know, I rarely rise to speak against a Bill, usually I try to rise in favor and support some Member’s Bill. And I greatly respect and appreciate the friendship that I’ve had with the Sponsor. However, I must stand in strong opposition to this Bill because it goes against the whole purpose of why we have established an ICC. As you know, historically back, the reason was to keep these types of rate battles out of the Legislature, where they could be influenced by many, many factors. Just today the Chicago Tribune put out an editorial, and it said and I quote, 09300054.doc 24  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 ‘Legislation approved Tuesday by an Illinois House Committee would compel the State Commerce Commission to give more favorable rates to SBC, that’s a mistake. In this case, lawmakers are meddling in the minutia of rate making and choosing to benefit one company over others. The lawmakers must leave that work to the Illinois Commerce Commission.’ And I… that is a crucial point of this. Let me add this. This case before the Commerce Commission may be settled as soon as October. There are many, many opponents to this. Interestingly enough, just today, and I’m sure most of you do not know this, the Department of Defense of the United States Government on behalf of all executive agencies has filed against this at the Illinois Commerce Commission. We know that there are 42 telecommunication companies and Internet service providers that are against this particular Bill. There are seven technology associations, there are all of the consumer advocates from the Illinois AARP, and let’s… let’s get this straight, they’re the people who would stand to lose the most by a lack of competition, by a raising of the rate. Citizen Action, CUB, the Citizens Utility Board, Consumer Federation of America, Illinois PERG, and the Coalition for Consumer Rights, as well as the Cook County Attorney… State’s Attorney Dick Devine, Lieutenant Governor, and the Illinois Attorney General Lisa Madigan. With that, let’s be honest, this is what it boils down to, it is a massive rate increase. I have heard the arguments on the other side and probably 90 percent of the time I agree with some 09300054.doc 25  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 of my friends who are concerned about their workers and so forth, but this will hurt business in the State of Illinois. This will help to squash any economic recovery that we… we may be having in the next year or so. Think about that when you think about the budget crisis that we just went through. So, I would ask all of my colleagues, particularly if you’re from the suburbs or if you’re from downstate, vote against this Bill. This is a very large rate increase for the suburbs and for downstate. It will hurt business, it will hurt jobs, it hurts consumers. Please vote ‘no’.”

“Representative Munson, five minutes, please.”

“Mr. Delgado, five minutes, please.”

“Thank… thank you, Mr. Speaker, Ladies and Gentlemen of the House. I find myself in a position that, as the previous speaker mentioned, so many consumer groups have framed this as a situation that it’s a rate hike. This is a battle of some titans, a battle of companies. This isn’t gonna… at this stage we can put out a lot of red herrings and state that we’re gonna go ahead and increase phone rates in your homes. But I’m standing in support of our Sponsor’s legislation on Senate Bill 885 because to me this is about protecting some jobs. This is about our labor. This is about a company that has a strong commitment to our union members. This is about a company that has 42 percent of its labor force that includes people of color, that 79 09300054.doc 26  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 percent of that force has strong people of color in the African-American community. The Latino community continues to benefit from protection of their jobs. A rate increase? It’s a rate increase for all those other companies. Some people call them virtual telephone companies. Why shouldn’t the landlord be able to raise the rent? They own the lines, they own the infrastructure, they own everything that has to come in. How do they then, go ahead and just, by the grace, give this over and to be able to charge a rate the other companies can, and then continue to sell their basic packages to our communities at a higher rate? They’re not passing that cost on to our… our communities. So, my colleagues, we’re in a bind here. Because our arguments are really strong on both sides of this issue, and I agree with that. However, if we’re gonna protect union jobs, if we’re gonna protect the right to continue to add more of those to our great state, to a company that is here to stay, that owns the infrastructure, that is clearly, clearly, because of this low, low rate to these other companies, we continue to see a decline in SBC’s ability to maintain that work force, to maintain those lines. The other companies can just come in and utilize em’. Their overhead isn’t gonna be as much to set up shop. Heck, we have heard companies say that they won’t enter a market without a 45 percent margin rate. Well, I’m not interested in that, I’m interested of how this protects our labor friends, my family, my neighbors, my constituents who have been calling me, regarding their jobs, and wondering 09300054.doc 27  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 how this is gonna happen. Well, yeah, they’ve come to the Legislature, and they’ve got us one more time behind the box here, because we’re talking about all these multinational corporations. But this telephone company is here, doing the right thing. And as the owner of the shop, as… we’ve argued many times in this chamber that business should be able to make their own decisions. Well, they try to, and yes, special interests can operate on any level, be it here in General Assembly or influence our many agencies that are out there working with em’. I would rather go home and tell my constituents, the workers that work for this company as they exist in my district, that I came here and I fought for your job, that I’m gonna continue to make sure that we’re gonna enhance your ability to get those pay raises, to have your health care benefits intact. So, if these titans want to continue their battles in other fronts, that’s fine by me. But it’s very clear that when the AFL-CIO talks about how important it is, and to join a major corporation like this one and support a piece of legislation, well that got my attention. Because I too, will look at it as, well, ultimately they’re gonna look for a way to get into our pockets. Well, what else is new in a capitalist society? They’re gonna continue and there are many safeguards for us to be able to address. However, we’re talking about blue-collar opportunities, we’re talking about management opportunities that are already here. And so with that, I understand the concerns, but the other side can’t say this isn’t about their special 09300054.doc 28  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 interests, too. But I believe that as the landlord of the lines, the ability to work with their labor unions, the ability to work with their communities, we know that this is a situation that is finally palatable, and this is the best deal we’re gonna get right now, folks. And if we can’t talk about what we don’t want to do, it’s here. And I have friends in every part of the industry, and it saddens me that they couldn’t take care of this rift on their own. So, I say to those companies who are renting those lines, well, maybe you gotta go back to your drawing board and start building your infrastructures, too, within our great state. It’s a rarity for me, but when it comes to labor, I know whose side I’m on. Thank you, Mr. Speaker.”

Speaker Madigan: “Representative Lindner, five minutes, please.”

“The Sponsor yields.”

“Mr. Black, five minutes, please.”

“The Sponsor yields.”

“Mr. Washington, five minutes, please.”

“Thank you, Mr. Speaker. I wanna thank all my colleagues for their opinion on this particular Bill, and I guess this is a learning period for me, and a maturity to understand the expression of idea and concern. But I wanna ask the Sponsor, would he… relinquish the floor?”

“Sponsor yields.”

“And I wanna say what I have bought into personally, as an individual, and what I’ve been convinced of. But first, I wanna say something that I know I must say. I know that between Mississippi, New Jersey, and Texas, that there is some things that I don’t like, that the consumer’s in the middle of. And I mentioned this earlier, and I know individual cases and myself, I’m speaking as a victim to this. That there is a major problem with the telecommunication system, where they are hurting the consumer between one business to the next. I will… I believe, and been shared with, that sometime there’s actual sabotage of the consumer’s service to frustrate the contu… consumer, to run them between AT&T, MCI, SBC. Now, that is wrong. And I would never condone 09300054.doc 37  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 that because I’m one of the ones that’s getting the short end of that stick. My point is this, I am rising to support this legislation because it is my understanding that SBC, being the biggest employer in the State of Illinois in the telecommunication industry, that there is a hemorrhaging of a loss of job, and a destruction of the family structure, due to those that depend on SBC for their livelihood. And that, in part… part of the reasons for that is due to what appears to be an un… unfair playing field, and I think my distinguished colleague, Mr. Black, said it well when he said, ‘Would you buy into that?’ No, the answer is no, I would never buy into it. But, at the same time I think it has a lot of merit in it. But… and I hope somebody clear me up if I got a misunderstanding. I thought that the ICC is the authorized government instrument that sets the prices. So, irrespective of what we’re talking about here today, we’re not empowering SBC to override the responsibility and the normal charge of ICC to set rates. Now that, I thought, and if I need corrected somebody correct me. But I wanna just go on and add something to this piece of legislation. I think that when I look at all the commercials that I’ve been bombarded with like you have, with the… with the images of the Texas guy, and the MCI and AT&T shakin’ hands in a… in a back room. And then I thought about it, I said, ‘who’s zoomin’ who here?’ And one thing is clear to me, that the spelling of the word the ‘devil’ and ‘Satan’ and ‘Lucifer’, they’re all spelled different, but they’re one and the same. So, it 09300054.doc 38  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 doesn’t matter which one we deal with, we have to deal with somebody. Now, when it comes to the numbers showing that the greatest loss of jobs would be Illinois citizens, then I got to lean in that direction. That does not mean that I condone the… the hidden practices that may go on between this industry because I know they’re all are guilty of sabotagin’ the consumer. I believe that, and I feel that in my heart. But, at the same time, it does not outweigh the fact that SBC has made a case, and a sound case, that it deserves an even playing field. Now, what happens to the consumer? It’s up to the honesty of the administration of all of the telemarketing group. You know the game that you play with all of the consumers. So, I’m saying it’s, time-out to reflect on that, and I stand humbled before this honorable Body who made decisions with this long before I came to this floor. But, at the same time, I stand up, and may I speak to the Bill, Mr. Speaker? I just want to say this, and I don’t mean to get an emotional tirade, but this is a challenge for me, as a freshman. And I’m sure that somewhere along the line I’m gonna make an honest mistake, and if I’m mistaken today, that’s what it would be, an honest mistake. But when it comes to the number of jobs, and the AFL-CIO is backin’ this legislation, I have to look at that hard because the union plays a great deal of everyday life in my district. And I don’t wanna see families continue to get on unemployment lines and lose jobs. So, I’m urging my colleagues to 09300054.doc 39  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 reflect hard and support this legislation. Thank you, Mr. Speaker.”

“Mr. Sommer, five minutes, please.”

“Mr. Mautino, for five minutes, please.”

“Thank you, Speaker. And I do rise in support of the legislation, and was wondering if the Representative would yield for a moment? Thank you. Representative Davis, you had talked about some of the platform rates, could you go ahead… I know that Illinois is at 12.38, could you go ahead and give me an idea on some of the other wholesale rates?” Davis, S.: “Yes, thank you Representative. These are some states that MCI, WorldCom competes in, and these are the rates that are being charged in those states, Colorado is at $22.29; Alabama, $21.21; Arizona, $22.17; Nebraska, $26.20; Minnesota, $25.25; Louisiana, 22.87; Maine, 23.43; North Carolina, $20.96; Iowa, $20.89; Washington D.C., $20.75; Oregon, 22.27; and Texas, 20.47. And all of these states’ rates are higher than what we will incur in the State of Illinois with the language in this Bill.”

“Thank you. Now, I appreciate you… you bringing that to light, and I especially appreciate the comments of the honorable Gentleman from Vermilion, Representative Black. As far as the… as what the Bill means wholesale versus retail, what’s the process for a retail rate increase? Could you please repeat that?” 09300054.doc 40  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 Davis, S.: “Well, the process for the retail rate increase will have to go before the ICC. The telephone carriers have to file a tariff with the ICC, and the ICC has to approve any increase in the retail rates. They also are the ones who control the wholesale rates. And all we are doing is directing them to use, in this Bill, we’re not directing them to raise the rates, but we are directing them to use two different factors in computing the wholesale rate. But there is nothing in this Bill that will raise the retail rate in the State of Illinois. And that has been stated, and that is not true.”

“Now, those rates that you see out there in the… within the structure of this, at 12.38 we’re using 1998 data for the 1999-2000 rewrite process. So, does your Bill allow them to use current data in structuring these?” Davis, S.: “It does. There are two provisions in the Bill that deal with the depreciation rates that the telecom… that SBC uses, and the fill rates. And these two issues are issues that need to be addressed. They’re issues that are used to compute wholesale rates in other states. And we’re looking for fairness, and we’re trying to get a fair shake out of the ICC, and… and understand that we want to use these two factors in the computation for the wholesale rate price.”

“Thank you. I appreciate your work on the deregulation and some of the Bills in the past. To the Bill. This legislation with the… with the proposal, if you look at the $12.38 rate, that allows for a gross profit margin of 56 percent, that’s built in. Now, when you’re 09300054.doc 41  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 looking at that, and those of you who have had some other businesses, if you could keep a point or two above the best investment that’s out there, you stay in business. By using those numbers, it’s… it’s allowed them to do that. It also has brought forward competition, 28 percent of the market has been opened to competition, and I don’t believe that that rating structure could change without action from the ICC. The companies that we’re talking about, also… and I’ve seen the commercials on both sides, loved ‘em. I’ve seen the handouts that have been sent, they’re pretty creative as well. But, when you look here in the State of Illinois we have payroll and benefits of about $1,220,000,000 through SBC, with 22 thousand employees who make their livings and their livelihoods here in Illinois. One of the most important numbers coming through this structure is capital investment, who builds, maintains, provides the services on the infrastructures so that we can do and have access to these systems for competition. That, in this case, would be SBC to the tune of 736 million, so about 15 percent. Whereas the other opponents, on a profit base of $11 billion, have spent less than 1 percent on infrastructure which helps to build and foster competition. So, there is also a reason for structuring and supporting this. In our tax base, it’s about $630 million, in the course of this year, that is generated through… through this company. And as I said, we’re talking about a battle of the giants here. We’re talking about basically, allowing the use of current data to structure that system, 09300054.doc 42  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 no different than we’ve done under electric dereg and other instances and cases before the ICC. It has a great list of… a long list of supporters, and distinguished opponents, as well. It is always very… very difficult when you’re talking about changing someone’s pro… profit structure from 56 percent on Illinois consumers to maybe 40 percent, if they don’t pass that along or if they want to stay in the business and compete. So, for a lot of the mentioned reasons earlier, I would simply ask for your consideration and support of the legislation of the Gentleman from Madison.”

“Representative Krause, five minutes, please.”

“Mr. Molaro for five minutes.”

“Thank you… thank you, Mr. Speaker, Ladies and Gentlemen of the House. First of all, as the self-anointed dean of the freshman, I wanted to correct Representative Washington. I’ve been in this building about twelve, twelve and a half years. And I look at the talking points 09300054.doc 46  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 that are given out by both sides. And when you’re done with their commercials, you only can have one thought. And that’s what Representative Washington talked about, who’s worse? Well, I just want to say in their defense, they’re businessmen working for companies. The lobbyists they hire are businessmen working for their clients. So, when we talk to them, obviously, they’d be ridiculous not to be advocates for their own positions. The point and the reason we’re all getting confused is they decided to do what a lot of us have done when we got elected. Let’s do negative campaigning, let’s do negative advertising. So, by the time we’re done it’s an easier sell to go up and say, ‘how could you believe either one of ‘em?’ That’s happened to me in my own campaigns. And even when I tell staffers, ‘let’s not go negative.’, they say, ‘oh, don’t you wanna win? The only way you can win is by being negative.’ There’s more stuff written against each other than there is why we should vote for the Bill. And the problem we have is that since not all of us are telecommunications experts, how would I know what the heck’s goin’ on? We just had previous speakers come up and say this is anticonsumer, antisenior citizen. Well, I don’t wanna to vote for anything that’s anticonsumer or antisenior citizen, that’s what I got elected on. So, I go talk to the people who are for this Bill and they say it’s just the opposite. If you vote ‘no’, that means you’re anticonsumer and antisenior citizen. Well, they can’t all be right. So, we have to do something… and I don’t… I 09300054.doc 47  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 really… I really am perplexed trying to figure out how to vote on this Bill. So, the only thing I can do is stand here and say I’m gonna… even though Representative Washington may have been a little harsh when he said what they were, ‘cause I just think they’re out there doing what they’re… they’re supposed to do. So, I gotta say I think they’ve done a nice job bashing each other, but… now, I’m not gonna flip a coin, the only thing I can do is… and maybe someone can say I’m hiding behind it, but I’m really not, I’ve done this before. One of the things that I’ve done and looked at when I’m totally confused is some of the people who are for it. And I can see that every union has said their for it, so I’m gonna fall on the side of the working men and women of the State of Illinois, and I’m gonna vote ‘yes’. Thank you.”

“The last speaker will be Mr. Will Davis for five minutes. We’ll go to Mr. Steve Davis for a brief closing, and then we’ll go to Roll Call.” Davis, W.: “Thank you, Mr. Speaker. To the Bill. You know, it’s funny ‘cause one thing that I’ve come to learn in Springfield, that there are no certainties. You can be on one side of an issue one day and on the other side of an issue another day. And I’ve heard my colleagues speak about those things that are important to them, and I want to tell you a little bit about what’s important to me. Some of my colleagues represent areas where creating jobs and keeping jobs is not necessarily a priority because they have an overabundance of them anyway. One of the things 09300054.doc 48  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 about this issue that’s important to me is maintaining the job base that I have in my district, it’s suffering. My people need to stay employed, they need to keep their jobs. They need to keep what they have and protect the quality of life. Not only those people who are currently employed, but also those who are retirees from this particular company. This, to me, is about protecting jobs. It was very eloquently put by Representative Delgado who said this is about protecting jobs, this is about protecting union jobs. We, as Legislators, have to do what we can to protect people, we have to protect consumers, we have to protect everybody. This is about protecting jobs. I have to do what I can to protect jobs in my district. Is it possible that something… or something that we do or vote on could put people out of work? Of course it is. Those companies that claim they’re getting the short end of the stick, well, you know what? I think they’re just gonna raise their rates anyway, and stick it back to the consumers. What about that side of the story? That’s not being said, what the other companies can and possibly will do. Nowhere in the legislation does it says that it will happen. Everything’s a possibility, no matter what we do, everything’s a possibility. We deal with issues all the time and talk about, it will do this, or it shall do this. We never know, ultimately, what’s gonna happen. But to me, people, this is about protecting jobs, this is about protecting the quality of life in my district. Representative Washington had some very eloquent comments, 09300054.doc 49  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 and I appreciate everything that he said. But again, this is about protecting people in our district, about protecting jobs. I strongly encourage you to vote ‘yes’ on this Bill. It’s something that I think will benefit us in the future. And again, if it doesn’t go down the way it’s supposed to or the way other Members on the other side of the aisle, or for that matter, on both sides of the aisle saying it may or may not happen, well, we’ll have to revisit the issue. But again, in Springfield there are no certainties. Just because we vote one way today doesn’t mean we can’t come back and readdress this issue again in the future. That’s the way this system works. If I’m wrong, please, somebody tell me. But my observation of this is this is the way it works. So, if it’s a… if it’s… if it’s not a good decision, then we’ll come back and deal with it later. But right now, I feel that this is a good decision, I feel that this is a good Bill. And I encourage all my colleagues to vote ‘yes’ on it.”

“Representative Steve Davis will brie… will give a brief closing. There is a request for verification, and so we need the Members to be in their chairs. Again, there’s a request for a verification. We need the Members to be in their chairs. Mr. Steve Davis to close.” Davis, S.: “Thank you, Mr. Speaker and Ladies and Gentlemen of the House. We’ve had a spirited debate on this Bill, and I appreciate everybody’s views. I have friends who are opposed to this Bill and we will remain friends. I sat on the telecommunications rewrite committee, and I understand 09300054.doc 50  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 the grueling process that we went through for almost two years to come out with a telecommunications Bill. But that was two years ago and things change, and… and in this economy in… and in the rapidly changing technology that we have in this world today, we can’t pass a Bill one day and expect it to be the same even two years later. There’s been a lot of discussion and a lot of talk against this Bill about various things, and I don’t even know where to start to… to start to rebut most of it. But… but let me just say this, that when you talk about being an anticonsumer Bill, let… let me tell you that there are 1 million consumers in the State of Illinois who are represented… who are the hard working men and women, and who are represented by the AFL-CIO, the Chicago Federation of Labor, and the IBEW who are in favor of this Bill. I don’t perceive it as being an anticonsumer Bill. I perceive it to be a Bill about fairness. And I perceive it to be a Bill that will help retain an industry in the State of Illinois by one of the biggest employers that we have. SBC has ov… almost 22 thousand employees in the State of Illinois. They invest their money in the State of Illinois. Last year alone they invested $736 million in infrastructure in the state. AT&T last year made $11.5 billion. They invested less than $130 million nationwide on infrastructure. They’re not investing their money in the State of Illinois, SBC is. I think the proposal in th… the proposals in this Bill are fair. We want to bring Illinois in line with every other state that surrounds us. The 09300054.doc 51  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 median price of a uni-platform system, the wholesale rate in the nation would be around 24 or 25 dollars. Under this proposal, it’s estimated that the uni-platform rate… wholesale rate will be about $20.40. We are still below the national average in the State of Illinois. Retail rates will not be increased without the approval of the ICC. The telephone companies aren’t gonna go out there and increase the rates without their approval. Don’t feel sorry for AT&T and WorldCom, and don’t feel sorry for the competitors. They are making money in every other state that has higher wholesale rates. They are making a killing in the State of Illinois. The only investment they have is to pay telemarketers to get on the telephone, call up the consumer, and switch them to their lines at a rate that they are paying SBC of $12.35, and they’re charging the consumer 49.99. I don’t think it’s a fair issue when Illinois is the lowest na… lowest state in the nation when it comes to our wholesale rates. So, by voting for this Bill, you’ll help ensure more stability for our union workers in the state. You’ll ensure that the competition… competitive market will remain in place. We’ll ensure that more infrastructure investments are made in our telecommunications networks, and we will ensure that… that Illinois remains a leader in the telecommunications debate, and a leader in the telecommunications industry. I appreciate the debate, I appreciate my colleagues’ views, I respect them. But I would urge an ‘aye’ vote.” 09300054.doc 52  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003

“Would the Members please be in their chairs. Mr. Verschoore. Mr. Molaro. The question is, ‘Shall this Bill pass?’ Those in favor signify by voting ‘yes’; those opposed by voting ‘no’. Have all voted who wish? Have all voted who wish? Eighteen people, fifteen, thirteen. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 66 people voting ‘yes’, 39 people voting ‘no’. There’s a request for the verification. We need the Members to please stay in their chairs. Mr. Clerk, read the names of those voting ‘yes’.”

“Questions? No questions? Again, on this question, there are 66 people voting ‘yes’; 39 people voting ‘no’. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, what is the status of Senate Bill 293?” 09300054.doc 53  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003

“Mr. Clerk, put the Bill on the Order of Second Reading. Representative Feigenholtz. Senate Bill 2. Do you wish to call the Bill? Representative Currie. Mr. Clerk, read the Bill.”

“Representative Currie.”

“Thank you, Speaker and Members of the House. Senate Bill 2 is a measure that has passed this chamber several times in the past. Never having passed the Senate, it now has. This is a measure that would give enforcement power to equal pay provisions of the Illinois statutes to the State Department of Labor. Would cover approximately 300 thous… 30 thousand workers who are not covered under the Federal Equal Pay Act. That Act has been in effect since 1964, 40 years ago. And yet, there are many people, many women in particular, who be… believe they are not being paid the same wage for identical work performed by their male counterparts. The Department of Labor has vast experiencing enforcing laws against child labor, laws in respect to minimum wage, laws in respect to overtime. I think they would be a suitable agency to investigate straightforward complaints that the ‘Sally’ and ‘Sammy’, who are doing the same work with the same seniority, might in fact be paid in differential ways. I would be happy to answer your questions. And I would appreciate your support 09300054.doc 54  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 for this measure that will be of great benefit to the working women of the State of Illinois.”

“The Lady moves for the passage of the Bill. The Chair recognizes Mr. Parke.”

“The Sponsor yields.”

“Well, the… the issue here is only the issue of differential wage rates. And the requirement in the Act would be that if people have the same seniority, the same merit, and they happen to be of different genders but are performing the same work, we want to guarantee they are paid the same wage. If you ask women in the workforce whether they think they are being paid on the same wage scale as their male counterparts, large numbers of them answer ‘no’. It is difficult to file complaints on wage equity alone. And we believe that the Department of Labor would provide an appropriate venue for complaints that are limited to the issue of wage discrimination, are not based on gender discrimination or sexual harassment.”

“The State Department of Labor, which deals in other areas involving wage rates, for example, the minimum wage; for example, overtime requirements. They would have the same authority they have under those Acts to investigate complaints brought by people under the Equal Pay Act.”

“Well, the point of this Bill is to say, yes, they should be able to go to the State Department of Labor. This Bill does not undercut anybody’s opportunity to go to the Equal Employment Opportunities Commission. But it does establish a state right, under the appropriate state agency, for hearing complaints limited to the issue of wage-based gender discrimination.”

“Well, the Civil Rights Act of 1964 established as the federal law of the land that it is illegal for employers above a certain threshold to pay different wage rates to similarly skilled situated men and women doing the same job. The issue is one of enforcement. And the argument that many brought to us, and the argument that you see raised in many… many kinds of survey research suggest that women do believe that there is a problem. It is difficult 09300054.doc 56  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 to enforce the provisions of the federal Act all by themselves before the EEOC. This would give not only a state right, but a simpler procedure for people who feel aggrieved on this issue in the State of Illinois, as well as, I say, as covering some workers who are not covered by the federal Act.”

“As I say, it covers some workers who today cannot go to the Federal Equal Employment Opportunities Commission.”

“I don’t know the status of comparable legislation in other states. I know that there are states that are contemplating this same approach that we contemplate with Senate Bill 2.”

“Mr. Novak, in the Chair.”

"The Gentleman from Vermilion, Mr. Black, on Senate Bill 2.”

"No, I have a green tie on, Mr. Black.”

"His ties are usually pink.”

"Thank you.”

"Mr. Black.”

“The Sponsor will yield.”

“First of all, the Federal Equal Pay Act covers employers of 15 or more individuals. This would bring that threshold down to 4, which under certain other of our statutes is the measure in Illinois. Second, this would establish… an independent state right to equal pay for equal work that would, as I say, provide coverage to an additional 330 thousand Illinois workers. And it would establish the State Department of Labor as the appropriate a… enforcement agency, the agency to which you’d take your complaints.”

“Seniority…”

“Absolutely right. Seniority is a legitimate justification for a differential pay rate. So, under this Bill are geographic differences. For example, you might have a national company that has branches in Cairo, Illinois and also in Chicago. If they are paying lower rates generally in Cairo then you can’t compare the Cairo worker to one who’s in the City of Chicago.”

“Absolutely.”

“No, nothing comparable there, darling.”

“Well, in addition, of course, they have different employers.”

“That is to say the… the Act would not apply across the caucuses…”

“Since I believe that different people do the hiring in your caucus than do the hiring in our caucus.”

“Not at all. This deals entirely with the employees within a single employer’s jurisdiction.”

“That is absolutely right.”

“Yes. And in fact… and in fact, if they paid her 750, never mind she had the children, and they paid him 1150, never mind he didn’t, that would be illegal, too.” 09300054.doc 61  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003

“This does not bar filings before the Department of Human Rights. But I think that what you’ll find, since there are very few complaints filed about wage differences alone before the Human Rights Department and before the EEOC, I think you will find that the department will be the more… more likely venue. In addition, this Bill gives the department the responsibility to get out there and explain what the law is. In my view, most employers try to do the right thing by their workers. Most employers don’t go about deliberately violating the law. But I think many employers do not know how the law about equal pay for equal work effects them. And ya know, the notices that employers are required to post that explains about minimum wage and hours and so forth, under this Bill, issues about equal pay for equal work will be… have to be posted as well. And the department will conduct informational, educational campaigns so that maybe we can nip some of these problems in the bud. Stop them before they become problems at all.”

“No, it does not. I discussed that issue with the Illinois Manufacturers Association. The way I read the Bill, the company could not discriminate against, harass, fire individuals for discussing wage rates, for sharing wage information. But I do not read the Bill to require the employer to open its books to any and all comers.”

“Well, the company would have to respond if a complaint were filed and the Department of Labor took it seriously enough to investigate. If I were the Human Resources Department and that question came to me, and I knew that the information was wrong, my… it is likely I would decide to respond with good information. But nothing in this Bill requires the employer to open its books to any and all comers. The language in the Bill protects the workers from discrimination or adverse hiring or firing decisions, if they share information with one another. But it does not say that the employer must, at the request of any individual, supply that information. But they would have to show their records if there were an investigation by the Department of Labor.”

“Yeah… I… No… it would not… that’s not the way the Bill is drafted.”

“The only requirement for the employer is not to discriminate against those who discuss…”

“…those kinds of issues.” 09300054.doc 64  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003

"The Lady from Cook, Representative Mulligan.”

"Further questions? Representative Currie to close.”

“Thank you, Speaker and Members of the House. It is 40 years since passage of the Federal Equal Pay Act. It’s time for that Act to have the teeth we know it needs. I urge your ‘aye’ votes for Illinois women in the workforce. For Illinois women, their husbands, and their children. Please join me in supporting the Illinois Equal Pay Act. We need your ‘yes’ votes.”

"Thank you, Representative. And the question is, ‘Shall Senate Bill 2 pass?’ All those in favor say… vote ‘aye’; all those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Clerk, take the record. And on this question, there are 112 voting ‘yes’, 3 voting ‘no’, 1 voting ‘present’. And having received the required Constitutional Majority, Senate Bill 2 is hereby declared passed. On page 7 of the Calendar there is Senate Bill 15. The Lady from Cook, Representative Monique Davis. Do you 09300054.doc 66  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 wish to call your Bill? Representative Davis. Take it out of the record, Mr. Clerk. On page 7 of the Calendar is Senate Bill 21. The Gentleman from Will, Representative Meyer, Jim Meyer. Out of the record. On page 7 of the Calendar there is Senate Bill 30. Representative Monique Davis, do you wish to call your Bill? Mr. Clerk.”

"Representative Davis.” Davis, M.: "Thank you, Mr. Speaker. Senate Bill 30 requires a peace officer who makes the traffic stops to report the name, address, gender and the officer’s subject deter… subjective determination of the motorist’s race. This Bill has been heard a number of times. And I stand ready to answer any questions. It is the Senate Bill that came out of the Senate about a week ago.”

Speaker Novak: "Are there any questions? Hearing none, Representative Davis to close. Any questions every… any comments? Okay.” Davis, M.: "Just thank you very much for your vote.”

"And the question is on Senate Bill 30, ‘Shall shen… Shall… Shall Senate Bill 30 pass?’ All those in favor si… vote ‘aye’; all those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Wait. Have all voted who wish? Clerk, take the record. And on… oh, excuse me? And on this question, there are 113 voting ‘yes’, 2 voting ‘no’, 0 voting 09300054.doc 67  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 ‘present’. And having reached the required Constitutional Majority, Senate Bill 30 is heredy… hereby declared passed. On page 7 of the Calendar is Senate Bill 40. Representative Hassert, the Gentleman from Will County. Is he in the chamber? Do you wish to call the Bill, Mr. Hassert? Mr. Clerk.”

"Mr. Hassert.”

"Are there any questions? Seeing none, the question is, ‘Shall Senate Bill 40 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Mitchell. Mr. Meyers. Bill Mitchell. Mr. Meyers. Have all voted who wish? Okay, Mr. Clerk, take the record. On this question there are 116 voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. And having reached the required Constitutional Majority, Senate Bill 40 is heredy… hereby declared passed. On page 7 of the Calendar there is Senate Bill 43. The Gentleman from Cook, Mr. Delgado. Is Mr. Delgado in the 09300054.doc 68  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 chamber? Out of the record, Mr. Clerk. On page 7 of the Calendar is Senate Bill 52. The Gentleman from Lake, Mr. Schmitz. Is Mr. Schmitz in the chamber? Do you wish to call your Bill, Senate Bill 52? Mr. Clerk, read the Bill.”

"Mr. Schmitz.”

"Par… pardon me.”

"I know it is.”

Speaker Novak: "Thank you, Mr. Schmitz. Are there any questions? Seeing none, the question is… excuse me. Mr. Franks. The Gentleman from McHenry, Mr. Franks.”

“Thank you, Mr. Speaker. Representative Schmitz, a couple of questions. This Bill is different than one we had seen before. You’re saying now that any child who’s 09300054.doc 69  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 eight years or younger has to be in a child seat in your… in a car?”

“What does this Bill do?”

“Is… is it requiring a booster seat?”

“It would just… using a seatbelt on your child, is that sufficient?”

“Okay. Now, how is this different than existing law then?”

“But it’s still not requiring ‘booster seats’.”

“You’re saying it’s an ‘and/or’ provision.”

“Okay, so this is just clarifying, I guess, what we can or can’t do? Is it…” 09300054.doc 70  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003

“For purposes of legislative intent, I’d just like to make it crystal clear, that if one uses the lap and seat belt, that would be sufficient, and that a booster seat would not be required. Is that correct?”

“Thank you.”

“Prior to 1969. Thank… thank you. Because, I know, I’ve got an eight-year-old and a six-year-old. And we, ya know, keep them belted. But, I couldn’t get my eight-year- old in a booster seat now if I… if I held him down with, ya know, elephants. So, thank you for this piece of legislation.”

"Thank you, Mr. Franks. Mr. Sacia, for what reason do you rise? Okay. Thank you. Any further questions? Hearing none, the question is, ‘Shall Senate Bill 52 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Tenhouse. Mr. Clerk, take the record. And on this question, there are 114 voting ‘yes’, 1 voting ‘no’, 0 09300054.doc 71  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 voting ‘present’. And having reached the required Constitutional Majority, Senate Bill 52 is hereby declared passed. We’re gonna go back a little bit down the Calendar to Mr. Delgado, on Senate Bill 43… Oh, Mr. Sacia. I’m sorry. What is your point, Sir?”

"The record will reflect that.”

"Thank you. The Gentleman from Jackson. For what reason do you rise, Sir?”

"State your inquiry.”

"I saw a tent over in… down the street and maybe they’re seeking shelter from the rain and…”

"Thank you, Mr. Bost. Mr. Delgado. Mr…”

"Mr. Delgado.”

"Thank you, Mr. Speaker and Members of the House. Senate Bill 43 will do the following: previous sought pleas of guilty, pleas of guilty but mentally ill, and nolo 09300054.doc 72  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 contenders, the court must advise the defendant that he or she is not a U.S. citizen, that the plea that they make may affect his or her INS status. Under current law, Illinois courts are not required to inform a noncitizen defendant pleading guilty to a misdemeanor or felony that it may affect his or her INS status. An immigrant INS status can or may be affected in numerous, very complex ways by the entry of a guilty plea to a criminal charge. At this point I would ask for your ‘aye’ vote.”

Speaker Novak: "Thank you, Mr. Delgado. Are there any questions? Seeing none, the question is, ‘Shall Senate Bill 43 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Myers. Mr. Tenhouse. Mr. Clerk, take the record. And on this question, there are 115 voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. And having reached the required Constitutional Majority, Senate Bill 43 is hereby declared passed. On page 7 of the Calendar there is Senate Bill 52. The Gentleman from Kane, Mr. Schmitz. Oh, I’m sorry. Excuse me. On page 7 of the Calendar there’s Senate Bill 64. Mr. Delgado, the Gentleman from Cook. Mr. Clerk, read the Bill please.”

"Mr. Delgado.”

“Thank you, Mr. Speaker and Members of the House. Senate Bill 64 will do the following: as engrossed provides 09300054.doc 73  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 the Department of Public Aid, subject to appropriations of course, may undertake a pilot disease management program. Basically, what the Disease Management Association of America, disease management will be doing the best to support physician and practitioner/patient relationship and plan of care. We want to be able to bring more information to the patients to make sure that they’re able to do better while they’re sitting at home, wherever they may be, to be able to bring… to have a better understanding of what’s happening to them, be it asthma, be it any other kind or form of disease. And at this point I would being asking for an ‘aye’ vote, knowing that Senate Bill 64 authorizes the Department of Public Aid to undertake this pilot project and… and move forward with it, as to Senate Bill 64. And as you know, we had an Amendment that removed the provision which prohibit… prohibited the department from contracting with any companies whose primary… where their primary purpose is to market specific products of services. I would ask for your ‘aye’ vote.”

Speaker Novak: "Thank you, Mr. Delgado. Any questions? Hearing none, the question is, ‘Shall Senate Bill 64 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Clerk, take the record. And on this ques… And on this question, there are 115 voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. And having reached the required Constitutional Majority, Senate Bill 64 is hereby declared passed. On page 7 of the 09300054.doc 74  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 Calendar is Senate Bill 66. Representative Delgado. The hat trick. Mr. Delgado, the Gentleman from Cook. Mr. Clerk, read the Bill, please.”

"Mr. Delgado.”

“Thank you, Mr. Speaker and Members of the House. I hope I do truly have a hat trick here. With Senate Bill 66, it will do the following. It amends the School Code to establish the 21st Century Community Learning Center Grant Program to provide grants to support academically focused after-school programs at schools with high-poverty and low achievement levels. This legislation would be effective immediately. It’s important for many of the Members to know that under the President’s No Child Left Behind Program, the 21st Century Community Learning Center Grant is designed to provide opportunities for students in low- performing schools. So, it’s very important to know that the state will be required to only grant funds to those schools with a concentration of at least 40 percent of students from low-income families. And priority will be given to those schools with low performance rates. There is approximately $11,500,000 available for Illinois and these dollars would come from the Federal Government. And I would ask for your ‘aye’ vote.”

Speaker Novak: "Thank you, Mr… Mr. Delgado. And on this question, the Gentleman from Macon, Representative Flider.”

"Thank you, Mr. Speaker. Will the Sponsor yield?" 09300054.doc 75  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003

"The Sponsor will yield."

"A question, Representative Delgado. With regard to this Bill, would the schools that this would apply to be determined on a per school basis or a school district basis?”

“A very good question, Representative. It would be determined based on the two criteria of having at least the concentration of at least 40 percent of the students from low-income families. It can be… it would be a grant that’s applied intelligently, assuming a school can do it themselves through a grant… through the innovation of that school. And then, for example, in Chicago it could be because of a local school council, which is the independent government for that school. At the same time, the districts would have these grant applications. And I would hope, intelligently, that they would be out there soliciting their schools to get a hold of this money. So, depending if you’re in the LUDA district or if you’re in the Chicago-type district, yes, it could be either or and it should be available. And I would pray that all superintendents would get this information. And if your school’s not aware of it, that they themselves would identify that school, based on the criteria of the low income that being 40 percent that’s set.”

"Thank you, Representative.”

"Excuse me, Mr. Delgado.”

“Yes, I just answered Representative Flider.” 09300054.doc 76  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003

Speaker Novak: "Okay. Any further questions, Mr. Flider? Okay. The Gentleman from Jackson, Mr. Bost, please.”

"The Sponsor will yield."

“Yes. Representative, at this point what we’re trying to do here in Illinois is access federal dollars on the No Child Left Behind Program. So, this would be a grant… there’s $11,500,000 that’s designated to come to Illinois if we could utilize that money and make it available to schools that would fit this criteria. So, at this point it’s just a pot of money that’s available through the President’s No Child Left Behind. We want to access it, bring it here, and… and use that as another resource for our school districts as they’re tryin’ to help create after-school programs in those particular school districts.”

“Right. No, Sir. This… these are federal dollars that as you know, we passed. And I was fortunate to be the legislative Sponsor in the Illinois section of the No Child Left Behind. This is Illinois applying for the federal grant, getting that amount of money, and then putting it out to the school districts. Now, again, keep it in mind, not all school districts would be qualified because it 09300054.doc 77  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 would have to fit the low-income criterion. And they may not all have the ability to have after-school programs, even with these dollars. At that point, the I… ISBE would be working with these school districts to determine their… their need of that money. And, again, once that money is… is finished, is run out, then that would be it.”

“It’s an enhancer, if you will, Representative.”

“The criteria for the school district to be able to utilize… to be qualified to get some of this money, if indeed Illinois gets this grant from the No Child Left Behind, which would be the only way to implement this, through ISBE, very carefully here, it would have to have a concentration of 40 percent of students from low-income families. And that… and a low achievement rate, low- performing rate, if you will, by ISBE standards… ISVE standards here in Illinois. Based on that criteria, those schools that fit that would be able to apply for that grant money once Illinois gets a hold of it.”

"Thank you. Further questions? The Lady from Will, Representative Kosel.”

"The Sponsor will yield."

“That’s a very good question. I have not talked to the… my Senator who, on that particular vote, on the ‘no’ votes. I would intelligently assume, Representative, knowing my Senator, he was much better at explaining it than I was. But it’s basically a simple Bill. We have an opportunity to apply to the Federal Government… and to answer your question directly, I don’t know why. I haven’t talked to my Senator. I just want to be as clear as possible. This is a pot of money of 11.5 million under the No Child Left Behind, we could apply for that money… and that’s what’s available for Illinois up to. And then we would identify those schools that are low performing, 40 percent low income. And those schools are eligible based on federal legislation of the No Child Left Behind Act to access those dollars. As to the vote in the Senate, I could find out for you. But I don’t know why.”

“It’s very possible. That’s a very good question, Representative. And I’m gonna venture that, it’s possible 09300054.doc 79  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 that you can. The criteria is what we’re setting in terms of what would be the criteria to get it. And that was… at Illinois we’re putting it together based on what the fed standard is. But… but, creating a statute to specifically make sure that the moneys go into core subjects of reading, math, science, and after-school programs, is a touch that Illinois would like to do through my legislation, versus you could use it in an after-school program to maybe have audio/video movies, for that matter, and entertain a bunch… you know a bunch of students. Where we want the real core to have an opportunity to… to have a supplemental time of study, if you will, for that after-school program and these dollars would allow us to use ‘em in the areas of math and science.”

“No, it would not create a pecking order. Not at all. If anything it would just create a wider pool of our applicants only for after-school programs. The No Child Left Behind provisions include many, many components.”

“Right.”

“No, and I agree…”

“That is correct. It precludes that from being done. It will be used specifically for after-school programs in the designated areas based on the criteria set forth.”

“That is correct. Because these dollars are only earmarked under the Child Law Act… the No Child Left Behind Act for that component of… of curriculum, and that is after-school programs.”

“That’s correct.”

“That’s correct. Because there’s other grant programs under Child Left Behind, other legislation that may be out there, that is asking for it to be specifically technology.”

“I would have… you that the local legislation. The Chi…”

“That is correct.”

“I can’t give you an answer directly to that, based on my knowledge of this legislation.”

“I think you raised…”

“I think you raised a wonderful point, Representative Kosel. And I know that we work extremely well together. And I’ll be more than happy to set this aside… Mr. Speaker, so that we can find that out. Because, I too, as am intellectually curious on that matter as you are.”

“It’s very important to me that being the Sponsor of the state side of the No Child Left Behind Act in the last Session, that we’re able to earmark dollars and have access to other dollars. And if, indeed, we needed to put this in the core, that… that I would be very open to doing that, Representative Kosel. So, I do appreciate your recommendation.”

“I’d be more than happy to set it aside… for the time being so we could fig… get the answer to that question.”

"Mr. Clerk, take the Bill out of the record. Mr. Churchill, are you seeking recognition? For what reason do you rise, please?”

"Welcome to the House of Representatives. Thank you. On page 7 of the Calendar there is Senate Bill 78. The Lady from Cook, Representative Soto. Mr. Clerk, read the Bill.” 09300054.doc 83  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003

"Thank you, Speakers… Speaker and Members of the House. Senate Bill 78 amends the Nursing and Advance Practice Nursing Act, provides that an applicant for licensure by endorsement who is registered professional nurse or a licensed practitional (sic-practical) nurse under the laws of another state or territory of the United States, may in lieu of taking any passing examination required by the department has passed a state, regional, or national examination that is substantially equivalent to… to or more stringent than an examination given by the department. If the applicant has ati… actively practiced nursing in another state or territory of the United States for two or… two of the preceding three years without having his or her license acted against by the licens… licensing authority of any jurisdiction. This Bill would be effective immediately. And I urge your support for Senate Bill 78.”

"Thank you. The Lady from Cook, Representative Davis. Oh, excuse me. The Gentleman from Lake, Representative Will Davis.” Davis, W.: “Thank you, Mr. Speaker. That’s my… that’s my cousin over there. That’s… that’s quite all right. Will the Sponsor yield?"

"The Sponsor will yield." Davis, W.: “Question, can you briefly tell me what ‘licensure by endorsement’ exactly means?” 09300054.doc 84  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003

"What we’re trying to do… this… what this Bill will be doing is, it’s allowing other nurses that are licensed in another state to be able to practice here. With the shortage of nurses… nursing that we have right now, there is a nursing program going on that would do something like this in the south side. So, what we’re trying to do with this Bill is, do the same thing… reciprocity.” Davis, W.: “Okay, thank you.”

"Any further questions? Hearing none, Ms. Soto to close.”

"Thank you, Speaker and Members of the House. I would really appreciate your ‘aye’ vote. This is a very good Bill. And, again, thank you for your support.”

"And the question is, ‘Shall Senate Bill 78 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Clerk, take the record. And on this question, there are 115 voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. And having reached the retired (sic-required) Constitutional Majority, Senate Bill 78 is hereby declared passed. On page 7 of the Calendar there is Senate Bill 90. The Gentleman from Cook, Mr. Delgado. Do you wish to call the Bill, Sir?”

“Yes.”

"Mr. Clerk, read the Bill.”

"Mr. Delgado.”

“Thank you, Mr. Speaker. I… it didn’t come up on my screen. Mr. O’Brien, can I have the Bill? Mark. I don’t… give me one second, Mr. Speaker. I’ll bring it up on my screen. Yes, thank you, Mr. Speaker. Thank you. Senate Bill 90 makes it illegal for a day labor service agency to provide an employer with replacement employees when a strike or lockout is in progress. The intent of this Bill is to prevent employers from using referrals from day labor service agencies as a pool of strike or lockout replacements. Senate Bill 90 is an initiative of the state’s… of the Senate Sponsor, Senator del Valle, which has the support of the Illinois state AFL-CIO. And I would ask for your ‘aye’ vote.”

"Are there any questions? The Gentleman from Cook, Mr. Parke.”

"The Sponsor will yield."

“Bus… business continues to be opposed to it from the perspective of our hearing in front of the committee. I don’t recall all their reasoning that particular day, Mr. Parke. And maybe that’s a question better posed to them. But, of course, it’s… there was a discussion about… again, I can’t answer for them. I don’t recall the opposition other than the fact that they were protecting the interests of those particular companies that would possibly have to utilize that practice. They felt that they could go ahead… 09300054.doc 86  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 and then maybe other Members want to share some light. I cannot recall all of their reasoning.”

“No, Sir. It’s not the… it’s not… I don’t think that’s what this legi… legislation says, nor is it my intention. The intention here is to protect those… those individuals who are going out for an honest days work at a day labor company to go ahead and make their little 40, 50 dollars that particular day. And… and unbeknownst to them, their employer unscrupulously sending them to a situation where they are breaking a strike or having to cross a strike line, without them knowing. And at that point in time, it does create a hazard in terms of sending that individual out there and utilizing them as strikebreakers.”

“That is correct…”

“That is correct as to that aspect.” 09300054.doc 87  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003

“Representative Parke, the employment of strikebreakers under the Illinois Constitution, 820, Section 30, enacted in 1975, already prohibits employers from knowingly hiring, quote, ‘a professional strikebreaker’. Statutes are already clear in place of a striking or locking out employee. But with the last 20 years we’ve had an increase of… of day labor services opening up all over the place. And we just need to protect them, too. Because I’m not saying… and it’s been law since 1975, I think I was 18 at the time.”

“Because it didn’t cover… in 1975 we didn’t have the proliferation of day care service… of day care… of day labor services throughout this state and has become a major form of employment to… to make the… maintain benefits flow, to keep a lot of people from determining that after you develop a unionized contract, a legal contract, to sit down and bargain its fairness with that union and not circumvent their authority by bringing in the legal strikebreakers through… through a day labor service, which, you can pick up a dime a dozen.”

"Further questions? Hearing none, Mr. Delgado to ch… close, please.”

“Thank you, Mr. Speaker, Members of the House. Let’s be very clear that there are provisions already in State Law since 1975 to protect… that prohibits the employers that knowingly hire professional strikebreaker. It’s very clear that this Act had to be there and defines the professional strikebreaker as any person who repeatedly and habitually offers himself for employment on a temporary basis. It takes away, totally, the opportunity to 09300054.doc 89  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 negotiate fair after a legal contract has been written. And I would ask for your ‘aye’ vote.”

"Thank you. And the question is, ‘Shall Senate Bill 90 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Moffitt. Ms. Krause. Have all voted who wish? Clerk, take the record. On this question, there are 66 voting ‘yes’, 48 voting ‘no’, 0 voting ‘present’. And having rea… reached the required Constitutional Majority, Senate Bill 90 is heredy… hereby declared passed. On page 7 of the Calendar is Senate Bill 105. The Gentleman from Cook, Mr. Saviano. Mr. Clerk, read the Bill, please.”

"Mr. Saviano.”

"Yes, thank you, Mr. Saviano. Are there any questions? Hearing none, the question is, ‘Shall Senate 09300054.doc 90  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 Bill 105 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Pihos. Mr. Clerk, please take the record. On this question, there are 115 voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. And having reached the required Constitutional Majority, Senate Bill 105 is hereby declared passed. On page 7 in the Calendar there is Senate Bill C108. The Lady from Iroquois, Representative O’Brien. Do you wish to call your Bill? Mr. Clerk, read the Bill, please.”

"Representative O’Brien.”

"Thank you. And on this question, the Lady from Cook, Representative Kelly.”

“Personal privilege, Mr. Speaker. I’d like to change my vote on Senate Bill 90 to ‘yes’.”

"The record will so reflect that. Are there any questions? Hearing none, the question is, ‘Shall Senate Bill 108 pass?’ All those in favor vote ‘aye’; all 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 question, there are 115 voting ‘aye’, 0 voting ‘no’, 0 voting ‘present’. And having reached the required Constitutional Majority, Senate Bill 108 is hereby declared passed. On page 8 of the calendar there is Senate Bill 170. The Lady from Lake, Representative Ryg. Do you wish to call your Bill? Mr. Clerk, read the Bill, please.”

"Representative Ryg.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I’d like to present Senate Bill 170, which is similar to House Bill 527, which passed out of the House unanimously. This Bill provides that the county board ma… make expenditures from the Tax Sale Automation Fund in order to defray the cost of providing electronic access to property tax collection records and delinquent tax sale records. This does not create any new fees, it just simply 09300054.doc 92  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 provides access to existing funds. And I’d be happy to answer any questions.”

"Are there any questions? Hearing none, the question is, ‘Shall Senate Bill 170 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Dunn. Have all voted who wish? Clerk, take the record, please. The… and on this question, there are 115 voting ‘aye’, 0 voting ‘no’, 0 voting ‘present’. And having received the required Constitutional Majority, Senate Bill 170 is hereby declared passed. On page 8 of the Calendar is Senate Bill 171. The Lady from Lake, Representative Ryg. Do you wish to call your Bill? Mr. Clerk, read the… read the Bill, please.”

"Representative Ryg.”

“Thank you. This is identical to House Bill 526, which also passed the House unanimously. And it similarly allows counties to use existing fees on the recording of documents for the cost of providing electronic access to various records. Neither does this Bill create any new fees. It simply expands authority to use existing funds.”

"Any questions? Hearing none, the question is, ‘Shall Senate Bill 171 pass?’ All those in favor vote ‘aye’; all 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. And on 09300054.doc 93  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 this question, there are 114 voting ‘yes’, 0 voting ‘no’, 1 voting ‘present’. And having reached the required Constitutional Majority, Senate Bill 171 is hereby declared passed. On page 8 of the Calendar is Senate Bill 185. Is Mr. McCarthy in the House? Oh, excuse me. Mr. McGuire, the Gentleman from Will. Do you wish to call your Bill? Mr. Clerk, read the Bill, please.”

"Mr. McGuire.”

“Thank you, Mr. Speaker. Today I have Senate Bill 185. We’ve had a lot of contentious Bills today, and this will not be one. This Bill simply states that the state designated snack food in Illinois is popcorn. Now, this Bill was first brought to Senator Walsh in the Senate by a bunch of third and fourth grade students in Joliet, Illinois, in Cunningham School. These children are very serious about this issue, they made a big deal about it. It was a project in their class. And they presented it to Senator Walsh. And Senator Walsh, being a farmer, thought popcorn would be a good idea. He grows a lot of corn. I’m very proud to sponsor this Bill. And I know it’s not the most weighty and important Bill that we’ve had today, or all year. But, to those little third and fourth graders at Cunningham School, this is the most important thing in their life. They’re very proud of this. They worked very hard at this. And I see nothing wrong with an ‘aye’ vote 09300054.doc 94  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 for popcorn for the state snack food in the State of Illinois. And I’d appreciate your ‘aye’ vote. Thank you.”

"Thank you, Mr. McGuire. The Gentleman… are there any questions? The Gentleman from Jackson, Representative Bost.”

"The Sponsor will definitely yield.”

“Thank you.”

“No, I didn’t know that.”

“But it doesn’t surprise… doesn’t surprise…”

“I have no… no idea. I hope so.”

“You’ll have to ask Representative Rose. They aren’t stuffed with it, I hope.”

“Thank ya very much.” 09300054.doc 95  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003

Speaker Novak: "Thank you, Mr. Bost. The Gentleman from Mclean, Mr. Brady.”

"The Sponsor will definitely yield.”

“I will.”

"Thank you, Mr. Brady. Maybe you could sponsor that Bill as a state appetizer.”

"Any further questions? The Lady from Cook, Representative Mulligan.”

“Thank you very much.”

Speaker Novak: "Further questions? The Gentleman from Vermilion, Mr. Black.”

"Thank you, Mr. Black. Mr. McCarthy to close. Excuse me, Mr. McGuire to close.”

“Thank you very much, Speaker. I just, again, would like to ask that you vote ‘aye’ on the Bill. As I said, it’s the brainchild of some third and fourth graders in Cunningham School back home in Joliet, Illinois. And they’d be very proud to have the snack food of the State of Illinois proclaimed as popcorn. Many of us know that have been here a few years, some of us survived on popcorn on these long nights on the House Floor. And we’d be in tough shape with just beer nuts only. So, popcorn as the state snack food. Thank you.”

"And… and the question is, ‘Shall Senate Bill 185 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Poe. Have all voted who wish? Mr. Clerk, take the record. And on this question, there are 98 voting ‘yes’, 17 voting ‘no’, 0 voting ‘present’. And having received the required Constitutional Majority, Senate Bill 185 is hereby declared passed. On page 8 of the Calendar there is Senate Bill 190. The Lady from Lake… Cook, excuse me. Ms. Coulson, Beth Coulson. Do you wish to call your Bill? Mr. Clerk, read the rec… read the Bill, please.”

"Representative Coulson.” 09300054.doc 98  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003

"Thank you. Are there any questions? Hearing none, the question is, ‘Shall Senate Bill 190 pass?’ All those in favor vote ‘aye’; all 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 question… excuse me, Mr. Molaro. Okay. And on this question there are 114 voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. And having reached the required Constitutional Majority, Senate Bill 190 is hereby declared passed. On… on page 8 of the Calendar is Senate Bill 195. The Gentleman from Randolph, Representative Reitz. Do you wish to call your Bill? Mr. Clerk, read the Bill.”

"Representative Reitz.” 09300054.doc 99  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003

“Thank you, Mr. Speaker. Senate Bill 195 is identical to House Bill 1185 that passed out of here 117 to 0. It sets up retired teachers to allow them to teach come back and in subject shortage areas. I think this is a good Bill to help deal with the teacher shortage we have in Illinois. I’ll be happy to answer any questions.”

"Thank you, Mr. Reitz. Are there any questions? The Lady from McHenry, Representative Kurtz.”

"The record will reflect that, Ma’am.”

"Thank you. Are there any questions on Senate Bill 1… 195? Hearing none, the question is, ‘Shall Senate Bill 195 pass?’ All those in favor vote ‘aye’; all 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. And on this question there are 113 voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. And having received the required Constitutional Majority, Senate Bill 195 is hereby declared passed. On page 8 there’s Senate Bill 200. The Gentleman from DuPage, Mr. Lee Daniels. Mr. Daniels, do you wish to call your Bill? Mr. Clerk, read the record… read the Bill, please.”

"Mr. Daniels.” 09300054.doc 100  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003

"Thank you, Mr. Daniels. The Lady from Cook, Representative Flowers. For what reason do you rise?”

“Thank you, Mr. Speaker. I want the record to reflect that had my button been working on the last Bill, I would’ve voted ‘yes’. Thank you.”

"The record shall reflect that. Are there any questions on Senate Bill 200? Seeing none, the question is, ‘Shall Senate Bill 200 pass?’ All those in favor vote ‘aye’; all 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. And on this question, there are 115 voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. And having received the required Constitutional Majority, Senate Bill 200 is hereby declared passed. On page 8 of the Calendar is Senate Bill 211. The Gentleman from St. Clair, Mr. Holbrook. Do you wish to call your Bill? Mr. Clerk, read the Bill.” 09300054.doc 101  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003

"Mr. Holbrook.”

“Thank you. Senate Bill 211 is a voluntary participation program for check diversion for the state’s attorneys. This is the exact same Bill we passed out of here with 110 votes that Representative Sullivan had, House Bill 2412. It’s all voluntary for both state’s attorney and participants. And I would urge its passage. It passed out of the Senate 58 to 0.”

Speaker Novak: "Thank you, Mr. Holbrook. Any questions? Seeing none, the question is, ‘Shall Senate Bill 211 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Dunkin. Mr. Clerk, please take the record. On this question, there are 114 voting ‘yes’, 0 voting… 0 voting ‘no’, 1 voting ‘present’. And having reached the required Constitutional Majority, Senate Bill 211 is hereby declared passed. The Gentleman from Cook, Mr. Miller. For what reason do you rise, Sir?”

“On Senate Bill 190 I wanted to state a conflict… a potential confil… conflict of interest but voted with my conscience. Thank you.”

"The record will reflect that. On page 7 of the Calendar is Senate Bill 66. Mr. Delgado. Mr. Clerk, read the Bill, please.” 09300054.doc 102  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003

"Mr. Delgado.”

“Thank you, Mr. Speaker. I was able to meet with the Chief Sponsor in the Senate regarding this House… this Senate Bill 66. And talking with the previous speaker, Representative, on the other side of the aisle, regarding the School Code on… as to establishing the 21st Century Community Learning Center Grant Program. And if indeed, would create a pecking order. And the answer to her question is that the Century 21st Community Learning dollars are dictated by Federal Law to be utilized only for after-school programs. And I believe that after my conversation with Representative we now have possibly cleared up the matter. And I am open to questions and asking for an ‘aye’ vote, and further inquiry from the previous speaker.”

Speaker Novak: "Thank you, Mr. Delgado. Are there any questions? The Lady from Will, Representative Kosel.”

"Thank you. Further discussion? The Gentleman from Whiteside, Mr. Mitchell. Jerry Mitchell.” Mitchell, J.: “Thank you, Mr. Speaker. Will the Sponsor yield?"

"The Sponsor will yield." Mitchell, J.: “Representative, I’m… I understood your explanation. Under NCLB there are many funds that are gonna flow in the State of Illinois. But… but most of those are in various categories and various areas that can’t be shared or turned over to other… other areas. And this is one of those designated types of money that can only be used for specific purposes, as it comes to the State of Illinois and certainly will be audited by the Federal Government to make sure that it’s not misused or used for any other purpose. Is that correct?”

“Yes, that is correct. Where were you ten minutes ago? Representative Mitchell, I’ve always respected your immense knowledge, along with wonderful Representative… and I know better than to use names in debate, but Representative Eddy is not in my debate. But he also helped clarify some of that with me. But that’s exactly 09300054.doc 104  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 correct. It is… it is designated by Federal Law. And all I’m simply doing is codifying it here for the State of Illinois.” Mitchell, J.: “Okay. Now, once that money is in the State of Illinois and goes… is… is readily available for… for districts that qualify under the federal qualifiers of the poverty level plus the academic achievement levels, then are requests for proposals written on… and then is it a competitive basis that these grants are awarded? Or is it a… a shared award? If you meet the qualifications, you’re eligible for some of that money and then given on an ADA basis or a head count basis?”

“Not… as I understand it’s your… it was your… prior to your latter. It would be based on a shared… all the schools, as long as the money is available, would be able to apply. I would intelligently assume that it would apply within a time frame set by ISBE. And at… and at that point those dollars would be equally shared. Using the free lunch program concept, it creates a wider pool of folks who can utilize and benefit from these dollars.” Mitchell, J.: “Well, the free lunch program is certainly the DHS qualifiers, they’re very similar to what we want to do with the poverty count.”

“Yes.” Mitchell, J.: “And I think that’s where they came from. But… but I… I believe that it’s still competitive. When it gets to that point, as you write the request for proposal, those will be reviewed by the State of Illinois. Those grant… 09300054.doc 105  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 those folks that… that review those grants will issue the money based upon a priority, according to the competitive way that they’re written.”

“That is correct.” Mitchell, J.: “So, it’s important to have good grant writers and have them written and all the t’s crossed and the i’s dotted when you apply for that money.”

“I fully understand your question. And that is correct, Representative Mitchell.” Mitchell, J.: “Representative, it’s a good Bill. It’s one that’s certainly needed. And hopefully, it will move students closer to that magical 100 percent of compliance with NCLB. Thank you.”

“Thank you.”

"Further questions? Seeing none, the question is, ‘Shall Senate Bill 66 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Lou Jones. Mr. Clerk, take the record. On this question there are 114 voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. And having received the required Constitutional Majority, Senate Bill 66 is hereby declared passed. On page 8 of the Calendar is Senate Bill 228. The Gentleman from Lake, Mr. Washington. Do you wish to call your Bill? Excuse me. On que… on page 8 of the Calendar is Senate Bill 229. Representative Hannig. Please run the Bill. Call the Bill, Mr. Clerk.” 09300054.doc 106  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003

"Mr. Hannig.”

“Yes, thank you, Mr. Speaker and Members of the House. This Bill was an initiative from our Secretary of State, Jesse White, who’s also the State Librarian. And it would… it would provide that a new fund be created in the state treasury for the purposes of… of collecting money for books that were stolen or broken or in some other way damaged, along with people who wish to donate some part of a total cost to buy a collection of books. So, the Secretary of State simply feels that by having a dedicated fund we can clearly show people when they provide money to us in the state, either through fines or through donations, that that’s where the money will be. It will be used for these very specific purposes. And I’d be happy to answer any questions.”

Speaker Novak: "Further questions? The Lady from Will, Representative Kosel.”

“Representative, I… I don’t know the answer to that.”

"Further questions? Seeing none, the question is, ‘Shall Senate Bill 229 pass?’ All those in favor vote ‘aye’; all 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, please take the record. On this question there are 115 voting ‘yes’, 0 voting ‘no’, 0 09300054.doc 107  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 voting ‘present’. Having received the required Constitutional Majority, Senate Bill 229 is hereby declared passed. On page 8 of the Calendar, Senate Bill 244. The Gentleman from Cook, Mr. Fritchey. Do you wish to call your Bill? Mr. Clerk, read the Bill, please.”

"Mr. Fritchey.”

“Thank you, Speaker. Senate Bill 244 mirrors a House Bill that we passed out of here unanimously, which is aimed at cracking down on identity theft by prohibiting the display of more than the last five digits of a credit card number on a receipt. There are no known objections to the Bill. I’d request an ‘aye’ vote.”

"Are there any questions? Seeing none, the question is, ‘Shall Senate Bill 244 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. McKeon. Mr. Clerk, take the record. On this question there are 115 voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. Having received the required Constitutional Majority, Senate Bill 244 is hereby declared passed. On page 8 of the Calendar is Senate Bill 245. The Lady from Lake, Representative Ryg. Do you wish to call your Bill? Mr. Clerk, please read the Bill.”

"Representative Ryg.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 245 gives township and district road commissioners authority to build alleys and bike paths, in addition to curbs and sidewalks. It removes the requirement that curbs and sidewalks be an integral part of a highway improvement project, giving authority over all curb and sidewalk over those communities. And it provides that a highway authority vacating a highway or portion of a highway may convey it to any township road district, but has petitioned for vacation of the highway and intends to use it as a bike path or an alley. I’d be happy to answer any questions.”

"Yes, and on that question, the Gentleman from Vermilion, Mr. Black.”

"The Sponsor will yield."

“It expands the authority to the township to build it as they see fit. And it… and it provides them that authority with the use of any of their local funds.”

"Further questions? Hearing none, the question is, ‘Shall Senate Bill 245 pass?’ All those in favor vote ‘aye’; all 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 question there are 82 voting ‘yes’, 28 voting ‘no’, 4 09300054.doc 110  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 voting ‘present’. And having reached the required Constitutional Majority, Senate Bill 245 is hereby declared passed. On page 8 of the Calendar is Senate Bill 265. The Gentleman from Cook, Representative Acevedo. Is Mr. Acevedo in the chambers? Out of the record. On page 8 in the Calendar is Senate Bill 266. The Gentleman from Will, Mr. McGuire. Do you wish to call your Bill? Oh, excuse me, I’m sorry. The Gentleman from Cook, Mr. Joyce. Kevin Joyce in the chambers? Out of the record. On page 8 of the Calendar is Senate Bill 268. The Gentleman from St. Clair. Do you wish to call your Bill? Mr. Clerk, read Senate Bill 268. Mr. Holbrook.”

"Mr. Holbrook.”

“Thank you. Senate Bill 268 simply puts our counties under the same rules that IDOT has. Cook County is excluded. This is when they generate debris and in most cases this is when they dig ditches, clean ditches, they can actually go dump the dirt next to the ditch and level up a low spot or something with it, something we’ve been doing with IDOT for years. The EPA’s in favor of the Bill. IDOT’s in favor of the Bill, the Association of County Engineers, and the Municipal League. I know of no opposition. It passed out of the Senate 58 to 0 and out of committee unanimously. I’d ask for your support. Take any questions.” 09300054.doc 111  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003

"Thank you, Mr. Holbrook. And on that question, the Gentleman from Knox, Mr. Moffitt.”

"The Sponsor will yield."

“Yeah…”

“I don’t know it will that specific problem, Representative Moffitt. I do know that the counties, right now, can’t… they need manifest with these. And they also can’t clean out ditches and just dump the dirt like IDOT and the rest of ‘em do. On the issue of where IDOT’s agreed to allow dumping in the past, I don’t know this addresses that… that specific issue. This… this addresses the issue that the county engineers had on their own cleanout dirt, to be able to be spread along side the ditches and wherever they can take ‘em out of. Wherever they’ve been cleaning it, they want to leave it locally, or if they break up concrete, they can leave it locally. Th… this lets county highway departments do the exact same thing IDOT does.” 09300054.doc 112  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003

“Yeah… I… I don’t…”

“I don’t know that solves your problem on that issue. This does allow ‘em, though, to continue, really what most of ‘em been doing anyway on this, on dropping of cleanout material. I don’t know this addresses your iss… issue, Representative Moffitt. I don’t know that.”

“I don’t believe it does. EPA does support this, though.”

“Yeah.”

"Any further questions? Mr. Holbrook to close.”

“I ask for an ‘aye’ vote.”

"Thank you. And on this question, ‘Shall Senate Bill 268 pass?’ All those in favor vote ‘aye’; all 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, please take the record. And on this question, there are 114 voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. And having reached the required Constitutional 09300054.doc 113  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 Majority, Senate Bill 268 is hereby declared passed. On page 8 of the Calendar is Senate Bill 270. The Gentleman from Lake, Mr. Beaubien. Mr. Clerk, read the Bill, please.”

"Mr. Beaubien.”

"Are there any questions? Hearing none, the question is, ‘Shall Senate Bill 270 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Biggins. Mr. Clerk, take the record. On this question, there are 114 voting ‘yes’, 0 voting ‘no’, 1 voting ‘present’. And having reached the required Constitutional Majority, Senate Bill 270 is hereby declared passed. On page 9 of the Calendar is Senate Bill 272. The Lady from Iroquois, Representative 09300054.doc 114  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 O’Brien. Do you wish to call your Bill? Mr. Clerk, read the Bill, please.”

"Ms. O’Brien.”

"Thank you. Are there any questions? Hearing none, the question is, ‘Shall Senate Bill 272 pass?’ All those in favor vote ‘aye’; all 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 question, there are 115 voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. And having received the required Constitutional Majority, Senate Bill 272 is hereby declared passed. On page 9 of the Calendar is Senate Bill 09300054.doc 115  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003 277. The Gentleman from McLean, Mr. Brady. Mr. Clerk, read the Bill, please.”

"Mr. Brady.”

"Thank you, Mr. Brady. Any questions? Seeing none, the question is, ‘Shall Senate Bill 277 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Biggins. Mr. Clerk, please take the record. On this question, there are 115 voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. Having reached the required Constitutional Majority, Senate Bill 277 is hereby declared passed. On page 9 of the Calendar is Senate Bill 278. The Gentleman from Cook, Mr. Brosnahan. Out of the record. The Gentleman from Vermilion, Mr. Black.” 09300054.doc 116  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 54th Legislative Day 5/7/2003

"Please state your inquiry, Sir.”

"I think that’s soon. Thank you.”

Speaker Novak: "Allowing perfunctory time for the Clerk, Representative Steve Davis moves that we now adjourn. Our House will… House will… House will adjourn until Thursday at 11 o’clock. All in those in favor say ‘aye’; all those opposed… Motion carried. The ‘ayes’ have it and the Motion carries. And the House is adjourned.”