Illinois House Floor Debate — November 19, 2003

“The House shall come to order. The Members shall be in their chairs. We ask the Members to turn off their laptop computers, cell phones and pagers. We ask our guests in the gallery to rise and join us for the invocation and the Pledge of Allegiance. We shall be led in prayer today by the Reverend Jimmy Waddell of the Greater Northside Missionary Church in Decatur, Illinois. Reverend Waddell is the guest of Representative Flider.”

“We shall be led in the Pledge of Allegiance by Representative Giles.” Giles – 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. Mr. Bost.”

“The Chair recognizes Representative Eileen Lyons.” Lyons, E.: “Thank you, Mr. Speaker. I’d like to let everyone in the chamber know that today we have the eighth grade class in St. John of the Cross School in Western Springs and they all have completed their Constitution test and are now down to see government in action. And I would ask that you please welcome them. And will they rise in the gallery. Thank you.”

“Mr. Black. Mr. Black, before you begin, we have not taken the Attendance Roll Call because I was advised… I was advised that the committees are still meeting. Now, if you want to speak to us, as always, we’re very interested in…”

“…your pearls of wisdom, Mr. Black.”

“Well, you… your… we’re happy that you were concerned.”

“No, I haven’t.”

Speaker Madigan: “Mr. Parke, you understand we’re not in Session yet? Mr. Parke.”

“Ladies and… Ladies and Gentlemen, please give me your attention. As… as you know Representative Wirsing died over the weekend and the funeral and burial will be on Friday. And there are several of our Members who plan to travel to the service and the burial and in light of that, Session will begin on Friday at 3 p.m. So, Friday’s Session will begin at 3 p.m. Thank you.”

“Representative Currie on any excused absences.” 09300075.doc 3  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003

“Thank you, Speaker. Please let the record show that Representative Collins is excused.”

“Thank you. Representative Novak in the Chair. Representative Brady. Representative Brady on any excused absences on the Republican side of the aisle. Mr. Bost on any Republican absences.”

“Thank you. 115 Members answering the Quorum Call and the quorum… and the House comes to order.”

“Ladies and Gentlemen, if I could have your attention and if we could have staff retire to the rear of the chamber. We have a special guest today who will offer some brief remarks and if the Members could take their chairs. I spent some time practicing this pronunciation, so wish me luck. Our guest is Mr. Jinzhong Xu. He was born in China and graduated from the Beijing Foreign Studies University, served as a staff member at the Chinese Embassy in Afghanistan, staff member at the Beijing Diplomatic Personnel Service Bureau, served as consul at the Chinese Consulate General in San Francisco, served successfully as First Secretary and Deputy Division Director at the Department of Personnel, Chinese Foreign Ministry, also, Deputy Consul General, Chinese Consulate General in Toronto, currently, the Consul General in Chicago. He’s come here today to bring greetings from his country to ours and to offer us some remarks relative to 09300075.doc 4  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 the trade and cultural relationships between his country, the United States and the State of Illinois.”

“Mr. Novak in the Chair.”

Speaker Novak: “The Chair would like to announce that the Calendar for the Spring Session in the year 2004 will be momentarily distributed. Mr. Sacia, for what reason do you rise, Sir?”

“State your point.”

“Well said. Thank you. Mr. Smith, for what reason do you rise, Sir?”

“Thank you, Mr. Speaker, for a point of personal privilege.”

“State your point.”

“I’d like to have the Body join me in welcoming back a former Member, Representative Bill Edley who is down with Representative Capparelli.”

“Welcome, Mr. Edley. Mr. Joyce, for what reason do you rise? Mr. Joyce.”

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

“State your point.”

“Like to welcome Representative Miller’s wife, Donna and the latest member of the Miller family, Daniel David.”

“Congratulations. Thank you. Mr. Cross.”

“Thank you. Mr. Molaro.”

“Thank you, Mr. Chairman, Ladies and Gentlemen of the House. About two weeks ago, three weeks ago, we filed a Bill that was a slaughter horse Bill that has obviously positions on both sides. When I filed the Bill, one of the people I talked to was Dave Wirsing. He couldn’t be more of a Gentleman even though he vehemently disagreed with the Bill. We had a bunch of people come down here yesterday both for and against, so unfortunately since they don’t understand the process we went ahead with the committee meeting. However, from the moment I learned he died, there was no way with looking at that chair and seeing the beautiful flowers and now the orange slices as well as the black bunting that this Bill could in any way, shape or be… form be called this week while the family and… most of us in this chamber grieve his loss. So, I just wanted the Body to know as well as anybody who was here to testify or lobby, that we would stop this Bill… this Bill out of respect will not be called this Veto Session. I do wanna form that some time in the future we will look at it, but this Bill will not be called because of what happened with Mr. Wirsing. Thank you.”

“Thank you, Mr. Molaro. Mr. Bradley, for what reason do you rise?” 09300075.doc 11  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003

“Point of personal… point of personal privilege, Mr. Speaker.”

“State your point, Sir.”

“I’m pleased to welcome and announce the Hamilton County… Would you all stand up, please. Hamilton County junior and senior government classes and their teacher, Mr. Elsworth. Glad to have you here today.”

“Welcome to the House of Representatives. On page 4 of the Calendar, the Lady from Iroquois, Representative O’Brien on a Concurrence Motion on House Bill 576. Mr. Clerk, read the Bill. Representative O’Brien.”

“Thank you. Is there any discussion? Seeing none, the question is, ‘Shall the House concur in Senate Amendments #1 and 2 to House Bill 576?’ All those in fa… all those in favor vote by signifying ‘aye’… by voting ‘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 this Bill out of the record, please. On page 21 of the Calendar, under Amendatory Veto Motions, there is Senate Bill 472. Mr. Cross on the Motion.”

“Thank you. Is there any discussion? The Lady from Cook, Representative Flowers.” 09300075.doc 14  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003

“Thank you, Mr. Speaker. Will the Gentleman yield, please?”

“The Sponsor will yield.”

“Representative Cross, because of the noise level in this room I really didn’t hear exactly. What does this Bill do again, please?”

“Okay. But this is the previous Governor’s recommendation from his commission?”

“Thank you very much. I appreciate that.”

“Thank you. Any further discussion? Mr. Cross to close.”

“Thank you. The question is, ‘Shall House Bill 472 pass, notwithstanding the Governor’s specific recommendations for change?’ This Motion requires 71 votes. This is final action. All those in favor vote by… signify by voting ‘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? Ms. Ryg. Kathy… Kathy Ryg. Mr. Clerk, take the record. On this question, there are 115 voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. This Motion, having received the required Three-fifths Majority, the Motion to Override prevails and Senate Bill 472 is declared passed, notwithstanding the Governor’s recommendations for change. The Lady from Iroquois, Representative Mary K. O’Brien on a Concurrence Motion on House Bill 576.”

"Thank you. And on that question, Mr. Black.”

"Sponsor will yield."

"Further discussion? The Gentleman from Cook, Mr. Delgado. Mr. Delgado.”

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

"The Sponsor’ll yield."

“Yes, Representative, I want to commend you on the work that you’ve done on these Amendments and for legislative intent. I understand that everybody is on board and this was some of the language that FOP is also comfortable with, is that correct?”

“I’m sorry, I didn’t hear you.” 09300075.doc 19  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003

“So all our friends in law enforcement are now comfortable with the work, obviously, of the work you’ve done, in addition to the language in those Amendments. Is that correct?”

“Thank you, Mr. Speaker.”

"Thank you. Is there any further discussion? Representative O’Brien to close.”

"Thank you. And the question is, ‘Shall Senate Amendments #1 and 2 to House Bill 576 be adopted… pass… be concurred in?’ All those in favor vote by signifying… signify by voting ‘aye’; all those opposed say ‘no’… 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 the House has concurred in Senate Amendments #1 and 2 to House Bill 576, and hereby declared passed. Mr. Clerk, what is the status of House Bill 3851?” 09300075.doc 20  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003

“Third Reading. Oh, Mr. Black.”

“Keep this Bill on Second Reading.”

“Mr. Black, again, once again.”

“State your inquiry, Sir.”

“Nice try, Mr. Black. Thank you.”

“Right. Thank you. Committee Reports, Mr. Clerk.”

“Thank you. Mr. Molaro, the Gentleman from Cook, on Senate Bill 1704. Mr. Clerk, please read the Bill, please. Excuse me. Mr. Capparelli on Senate Bill 1704. Mr. Clerk, please read the Bill.”

“Mr. Capparelli on Floor Amendment #1.”

“Thank you, Mr. Speaker. Senate Bill 1704, as amended, is an extensive pension Amendment that makes changes in the Chicago laborers, police, firemen, and park district articles of Pension Code. The Amendment does not affect any pension system not in the City of Chicago. The Bill represents an agreement between the City of Chicago 09300075.doc 23  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 and the many Chicago Pension funds and groups that represent these funds. The proposed Amendment enacts the following changes: an early retirement ERA plan for any employee belonging to the Chicago, municipal and labor funds. Numerous benefits and improvements and often pension changes affecting Chicago firefighters. Among the changes is the implementation of a grants provision providing the manager or employees of the Chicago Fire Department who are exempt from civil service requirements shall receive pensions based on their full salaries. Betterments to improve Chicago police officers including a higher retirement formula for officers with than 20 years service as well as certain police officers who are forced to retire between 10 and 20 years. The elimination of the future years of supplement deposits the City of Chicago currently makes on behalf of Chicago police and fire funds. Similar… several administrative changes for the Chicago municipal laborers article, all which have no cost or a very low cost and the ER applicable to employees of the Chicago Park District. I’d like to now turn over the microphone to my cosponsor, Bob Molaro, for more extensive research.”

“Mr. Molaro.”

“Yes, thank you. Well, Representative Capparelli definitely hit the highlights, but I just wanna make some statements so everybody in this Body is clear on this. Back, probably, in some cases 80 or a hundred years ago, when they decided to have the City of Chicago Laborers’ 09300075.doc 24  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 Fund, City of Chicago Municipal Fund, City of Chicago Police Fund and City of Chicago Firemen’s Fund, they decided that the Illinois General Assembly would create these particular funds. Now, I don’t know what the wisdom was in those days because in reality the employer is the City of Chicago, the employees are the employees of the City of Chicago and the pension board sits in this triumvirate and they collect the money and they give out the benefits. There are no state dollar involved, no county dollars involved. The only money involved are the employees and the City of Chicago’s. Now, once the money goes into the pension funds, they’re really no longer public money. They’re the money of the employees and the retirees of those pension funds. Well, those three groups: the retirement boards, the employees and the employer sat down and negotiated this. We can see it in parts of the firemen’s brass Bill for the last three, four, five, in some instances six years. These Bills are the culmination of those negotiations. There is full agreement amongst the employer, the employee and the pension board. The Laborers Pension Fund is over a hundred and fifteen percent funded because of tax levies and contributions these are well founded funds, they’re well-grounded, they’re fiscally sound and what they will also do is save the City of Chicago from laying off over 2 thousand employees. This allows the City of Chicago to meet their budget without tax increases and without layoffs. It is a work of art that was put in hard work by the city, hard work by the 09300075.doc 25  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 employees and hard work by the pension fund. And if there are any questions, we’ll answer ‘em, but I think there should be wholehearted support from this Body. Thank you.”

Speaker Novak: “Any further discussion? Gentleman from Sangamon, Mr. Poe.”

“Sponsor yields.”

“Well, the… I don’t know who’s gonna answer that, but each… each one of those four pension funds have different liabilities. So, in other words, the Municipal Fund, which maybe is about 87 percent funded, would now go to 84.7 percent. The Laborers Fund, which is about 114 percent funded, which is, as just by the number indicates, over funded, would go to a hundred and eleven percent. Both the Firemen’s Fund and the… and the Police Fund would also go down by about a point and a half after this legislation is passed.”

“That’s about correct.”

“Well, I… First of all, everything except maybe your conclusion, Representative, I think most of us on this side of the aisle would agree to. I mean, I think the state employees should… we should be looking at an early retirement for them. There are a couple TRS issues that absolutely should be looked at. There’s a Chicago Teachers’ Retirement System Bill about retirees health insurance that should be looked at. However, the only thing I might add that talks about coupling them is the fact that they’re both different funding mechanisms. The two or three systems that I just mentioned and you 09300075.doc 27  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 mentioned, cost state dollars. There is a cost to the State of Illinois and as we speak today, even though we might be in agreement that the state can afford it, I’m told that I can’t speak for the Governor, but the Governor who is really the employer doesn’t wanna look at this now. He doesn’t see the money being there. Unlike the city Bills, the employer, which in this case is Mayor Daley or the Chicago Park District, has agreed that the city can afford this and of course, as you well know, two funds that I just recited are 9-year or 87 percent and a hundred and ten percent funded and our funds, according to our employer, are not. I share with you that I think the state can afford it, but I don’t know if the employer has. But I see no reason why coming back on Friday that we can’t bring up those issues. So, I, for one, and I won’t speak for Representative Capparelli, but he did speak at the… at the committee. Both myself and Representative Capparelli will be pushing for these Bills and I think on one or two of them I might even be a cosponsor. So, before these Bills… but because they’re different funding mechanisms, I think the Bills should be separate.”

“Yes, they are.”

“Their funding level is about… about 45 percent funded. Now, the teachers’… the teachers’ is higher, but let me… let me explain this, okay. When we… when we do anything 09300075.doc 28  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 for the Teachers’ Retirement System, now, I wanna make it clear that I’m not arguing against the Teacher Retirement System. So, if there’s teachers out there, you know, we happen to be with you. But the difference is that whatever we do with the Teachers’ Retirement System, because of our 45- or 40-year, whatever it is, ramp up, whatever we do as far as a benefit increase, then it’s mandated that the next year the budget must appropriate an amount to cover those type of increases. It’s not so with the firemen’s fund. They have a tax levy which doesn’t matter whether they’re 30 percent funded, 40 percent funded or 80 percent funded, the number will always be the same ‘cause it’s a multiplier times contributions. Where with us, it’s kinda what the way we… the convoluted way in which we fund pension funds which we should probably have a Constitutional Convention and redes… redesign that. Unfortunately, the way we do it there is a absolute funding problem with the state.”

“That’s true.”

“Well, the only thing I can say in response, Representative, is that right now the City of Chicago, with the way their budgetary process is, they need this passed. That’s why January 31 is the cutoff date that staved the layoffs. I’m assuming and again, I can’t speak for the Governor. I have no idea how we are gonna go… here next spring and do a budget without considering the early retirement incentive. I would hope that exactly what you’re talking about is gonna be part of the budget negotiations next year. I think that maybe the Governor is saying at this particular point in time to talk about it now and get it done now, maybe the timing’s off. Again, I’m not speaking for him, but I don’t see any reason why most Democrats and I won’t speak for my colleagues, they can certainly turn on their microphone, would be in favor 09300075.doc 30  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 of exactly what you’re talking about. It’s just the timing problem that we have with the city’s funding versus the state’s.”

“This is an Amendment.”

“To the Amendment, Mr. Poe.”

“You’re welcome. Ladies and Gentlemen, we are joined today by our Illinois Attorney General, Lisa Madigan. The Gentleman from Cook, Mr. Osterman.”

“Mr. Speaker. Ladies and Gentlemen, to the Amendment. What the City of Chicago is seeking to do with this Bill is basically help manage their budget. The previous speaker, a year and a half ago, carried a Bill dealing with the State of Illinois when the state, when all of us were here, trying to address the fiscal concerns that 09300075.doc 31  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 we had as a state. We had an early retirement buyout so that we could have that offered to state employees. The City of Chicago is looking to do something very similar which is to manage their budget with no financial impact on the State of Illinois. As a Legislator from the City of Chicago, I’m sympathetic to those concerns about downstate teachers and would work with my colleagues to try to move something at the appropriate time. The only thing is that the City of Chicago as Senator or Representative Molaro had mentioned is under a fiscal time straint… constraints and there are a thousand people that will get laid off if we are not able to do that. That’s not talk, that’s not posturing, that is a reality. So, to all my colleagues from around the State of Illinois, I would simply ask for your support. Allow the City of Chicago to help manage their budget and avert layoffs for those employees.”

Speaker Novak: “Any further discussion? Seeing none, the question is, ‘Shall Floor Amendment #1 be adopted to Senate Bill 1704?’ All those in favor say ‘aye’; those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And the Amendment is adopted. Third Reading.”

“Hold this Bill on Second Reading. Mr. Clerk, on Order of the Bills on Second Reading there is Senate Bill 771.” 09300075.doc 32  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003

“The Gentleman from Cook…”

“…Mr. Lyons.” Lyons, J.: “Well, thank you, Speaker, Ladies and Gentlemen of the House. I have Floor Amendment #1 to Senate Bill 771. What this does is it clarifies language that addresses state bank issues with purchase of the shares from the Federal Home Loan Bank of Chicago. Currently, thrifts and federal banks can purchase all the shares they want for the purpose of making mortgage loans to single-family residences. And a letter was put out about a year ago and interpreted from the Office of Banks and Mortgages and they basically real… Office of Banks and Real Estate and they basically had cloudy language on how many shares a state chartered bank can own. What this language does is basically allows the state banks to have the same privilege that thrifts already have, that federal banks already have, to purchase as many shares as they feel they need for the purpose of making loans primarily for single-family type homes. So, I’d ask for your favorable consideration and ‘yes’ to this Amendment.”

“Thank you. Is there any discussion? The Gentleman from Bureau, Mr. Mautino.”

“Thank you… thank you, Speaker, Ladies and Gentlemen of the House. Over the noise in the chamber, I didn’t hear 09300075.doc 33  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 the Bill and there’s actually no analysis, currently. I may have to update the computer screens here. Does this… could you just go through what it is that you’re trying to do? I’d had some contact from individual bankers who were involved in the Federal Home Loan Program. Is this… is this that Bill? If it is, then I have some questions.” Lyons, J.: “Ah, Speak… oh, there I am, back on. Frank, yes. This is one of the initiation of the banks, state-chartered banks, who are involved in this. This is their… this is their Bill.”

“Okay. Now, does this… I guess, who’s in support of this and who’s in opposition?” Lyons, J.: “There was nobody in opposition on this, Frank. And it was brought to me with… community banks and the IBA brought this to us while agreed language with the Office of Banks and Real Estate.”

“So, there was a concern early on, for example, if a… if a community bank or a state bank currently had invested in this program, had dollars invested, does this change the structure in any way or does it place any cap on how much they can invest there? It’s had a pretty decent return rate on it about, 6, 6¼ percent. That’s been pretty standard and there was a concern that this legislation would remove their ability or to… to invest in that… within that program, which they’re currently doing now.” Lyons, J.: “Frank, if I understand what you’re asking me, what this does is it clarifies… there was a letter put out about a year ago from Office of Banks and Real Estate that wasn’t 09300075.doc 34  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 exactly cl… clarify what was the upper limit that they could invest in, in the bank. This clarifies it and there is no limit, that they can do what they want, whatever they… within prudent rules of the Office of Banks and Real Estate who monitors this whole thing anyways. But they had the same privilege basically that the other banks whether it be federal or thrifts or others who participate in this. It clarifies what they can do which, to my knowledge, there is no limit, takes the limit off.”

“Thank you very much.”

“Further discussion? The Gentleman from Macon, Mr. Flider.”

“Thank you, Mr. Speaker. Representative Lyons, I al… I also was contacted by a bank in my district about this and my understanding is what we’re tryin’ resolve here is an unintended consequence that… that had occurred and that we’re just… that had occurred because maybe of the… of the frequency of home mortgage loans that were given out due to the recent… recent series of refinancings and so on and as a result some of these banks are now losing a source of… of financing that they once had, but it’s sort of an unintended consequence that resulted and we’re trying to resolve that?” Lyons, J.: “What… what… It’s a hard time hearing you, Rob. If I understand you correctly, Representative, there was the limit placed on these banks that when they exceeded it, it became an issue ‘cause it wasn’t clear through the letter that previously, again, from back last year, June of 2002, 09300075.doc 35  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 this just clarifies that that limit is off and that they can take out whatever they need fit to make mortgages.”

“And my understanding was that that… that limit had changed because of the frequency of certain kinds of loans and in the amount of dollars that were in loans that banks had and as a result it was an intended consequence here. We’re trying to fix that today.” Lyons, J.: “Correct.”

“Thank you.”

“Is there any further discussion? Seeing none, the question is, ‘Shall Floor Amendment #1 be adopted to Senate Bill 771?’ All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. Any further Amendments?”

“Third Reading. Mr… Mr. Lyons. Read the Bill, Mr. Clerk.”

“Mr. Lyons.” Lyons, J.: “Thank you, Ladies and Gentlemen. We had the discussion on the Amendment. I’d be happy to answer any other questions if there are any further questions otherwise I’d ask for an ‘aye’ vote.”

“The question is, ‘Shall Senate Bill 771 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. Davis. Mr. Flider. Mr… Have all 09300075.doc 36  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 voted who wish? Mr. Flider, how do you wish to be recorded? Mr… Mr. Flider wishes to be quoted ‘aye’. Who’s left? Mr. Biggins. Mr. Clerk, take the record. On this question, there are 112 voting ‘yes’, 0 voting ‘no’, 3 voting ‘present’. Having received the required Constitutional Majority, Senate Bill 771 is hereby declared passed. On page 3 of the Calendar there is Senate Bill 865, the Gentleman from Cook, Mr. Burke. Mr. Clerk, read the Bill, please.”

“Mr. Burke on Floor Amendment #1.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This matter in its current form has been heard several times actually having to do with the placement of AEDs, automatic external defibrillators in public and private places. The language of the Governor’s Amendatory Veto was found to be noncompliant by the Rules Committee of this House and this version of the legislation under Senate Bill 865 would contain the Governor’s Amendatory language and also the inclusion of golf courses in the command to have the AED on the premises of golf courses. So, I’d be happy to answer any questions.”

Speaker Novak: “Is there any discussion? Representative Osmond.”

“The Sponsor will yield.” 09300075.doc 37  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003

“No, Representative. As I suggested, the Governor’s Amendatory Veto language is included in this having to do with limiting the population. We’re saying that any facility with a population under 100 would not be included. So, basically, that was about the major change. All of the other facilities that we had talked about previous in other versions of this legislation, it’s identical in this language with the exception of bringing golf courses back into the legislation. That had been removed in a Senate version back in the early Session.”

“To the Amendment.”

“Is there any further discussion? Mr. Eddy.” 09300075.doc 38  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003

“Sponsor’ll yield.”

“Yes, it does, Sir.”

“That is… that is correct.”

“In the Governor’s Amendatory Veto, it discussed the size of the population that would have to require… would have to place the device. In working with the Governor’s staff, we crafted some language that said any venue with a population of under 100 would not be required to have the AED. We did hear from some small church organizations around the state that were concerned that they could not afford the device and given the small population that they would be attending to we believe that we could remove that size venue from the command of the legislation.”

“That… that is correct.”

“Yes, they would be exempted.” 09300075.doc 39  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003

“Is there any further discussion? Seeing none, the question is, ‘Shall Floor Amendment #1 to Senate Bill 865 be adopted?’ All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chairs, the Amendment is adopted. Any further Amendments?”

Speaker Novak: “Third Reading. Mr. Clerk, read the Bill, please.”

“Mr. Burke.”

“Thank you, again, Mr. Speaker and Ladies and Gentlemen of the House. As I suggested in the passage of the Amendment, this is a matter that we have had much discussion on. There have been many, many different versions of this im… very, very important legislation that could literally save lives in our society. Again, this is the AED Bill, the automatic external defibrillator legislation that, in fact, would be the only opportunity to save a life with the use of electronic stimulus that this device would provide. Again, there has been much discussion about it. This House passed unanimously the identical language that will be contained in Senate Bill 865. I’d be delighted to answer any questions on the matter.”

“Thank you. Is there any discussion? Seeing none, the question… Mr. Black.” 09300075.doc 40  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003

“Sponsor’ll yield.”

“Yes, Representative. I’m very glad that you brought that up. There is an organization that’s called LifeSignsAmerica that indeed would provide the AED free of charge to any entity that would consent to place advertising in the… the facility, a lobby. It’s called… it’s an advertising kiosk and additional to providing the device free of charge, they will also offer a stipend to that school or that entity that would place the advertising kiosk. And I would recommend to all the Members of the House, that there is a website, lifesignsamerica.com, where one can inquire about the availability of the services that that organization would provide.”

“To the Bill.”

“Thank you. Any further discussion? Mr. Burke to close.”

“Thank you, Mr. Speaker and Ladies and Gentlemen. I think Representative Black has put it all together. If we, in fact, through the use of this technology can, indeed, save one life, it is certainly worth it. One that has been following this issue in our state and the several different versions might recall that there was several misstatements advertised with respect to this issue. There has been a misunderstanding of the cost of the purchase of the device, figures as high as $6 thousand were tossed out there. That is not the case, Ladies and Gentlemen. This device on average runs around $12 hundred per unit. It’s about three and a half pounds in weight. And literally, in our society, there have been individuals as young as eighth graders, 8-, 9-, 10-year-olds, that have been able to operate the device and that was without formal training in 09300075.doc 43  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 the use of the AED. This is the opportunity for us to be able to provide technology that can, indeed, save a life in our society. We believe this legislation has been properly crafted. It offers opportunities to venues where people gather in all different context and indeed, we know from all of the studies that this device works. It is lifesaving. It is important to provide this safety feature to our constituents throughout the State of Illinois. And I would, again, invite each and every one of you to reinitiate your concern and commitment to this issue and vote ‘aye’ as you did previously when we had the unanimous vote just last Session. Thank you.”

“Representative Lyons, do you wish to… Mr. Burke, you have closed. The question is, ‘Shall Senate Bill 865 pass?’ All those in favor signify by voting ‘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. Saviano. Mr. Cultra. Mr. Clerk, take the record. On this question, there are 114 voting ‘yes’, 0 voting ‘no’, 1 voting ‘present’. Having reached the required Constitutional Majority, Senate Bill 865 is hereby declared passed. Representative Lyons, for what reason do you rise?” Lyons, E.: “Thank you, Mr. Speaker. I rise for a point of personal privilege.”

“State your point, please.” Lyons, E.: “I’d like to introduce you to another class from St. John of the Cross School in Western Springs. I would ask 09300075.doc 44  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 ‘em all to rise in the gallery and have you all welcome them to Springfield.”

Speaker Novak: “Welcome to Springfield. Representative Holbrook on Senate Bill 216 on a Veto Motion Override. Mr. Holbrook.”

“Thank you, Speaker. We voted this Bill the other day, yesterday. It’s a quick-take Bill for the extension of our light rail. This is something that there was a little confusion. I’m bringing it back with hopes of picking up the 71 votes. The only thing in this Bill is the light rail extension. It’s gonna go on about five or six miles out to the airport. You… you may have problems with quick-take. If you do, you may not like this Bill, but I can tell you that there’s absolutely nothing but the extension of the rail line here that we’re dealing with and the facilities around it that we’re trying to put in. It’s a vital piece of legislation for our area and I would appreciate an ‘aye’ vote. I’d be glad to take any questions.”

Speaker Novak: “And on that question, Mr. Stephens, the Gentleman from Fayette.”

Speaker Novak: “Any further discussion? Mr. Lang, the Gentleman from Cook.”

“Thank you. Will the Sponsor yield?”

“Sponsor’ll yield.”

“Representative, I’m just trying to determine if there’s anything else in this Bill aside from the issue involving your community.”

“Absolutely nothing. This applies only to St. Clair County and to about five miles of rail extension. Absolutely no other areas involved that we’ve already done, the 26 miles of track already out to the largest employer south of Springfield, Scott Air Force Base. This’ll do the last extension to the airport on the end of it.”

“Thank you, Representative, I’ll support your Bill.” 09300075.doc 46  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003

“Any further discussion? The Gentleman from Vermilion, Mr. Black.”

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

“Sponsor’ll yield.” Mitchell, J.: “Representative Holbrook, is there any opposition to this Bill?”

“I’m sure there’s some folks that disagree with the principle of quick-take, but this is really narrowly defined.” Mitchell, J.: “But…”

“Other than that I don’t know of any.” Mitchell, J.: “But there’s no organized opposition that we know of?”

“Not that I’m aware of other than those that oppose quick-take on its surface.” Mitchell, J.: “If you look at this Bill, in some ways wouldn’t this enhance tourism and the economy in your area?”

“Absolutely. This go… is gonna go to the largest employer south of Springfield. We’ve got it to the base, this’ll take it over to the airport now.” Mitchell, J.: “Mr. Speaker, to the Bill. Ladies and Gentlemen of the House, at a time when the economy of this state is 09300075.doc 48  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 really dragging, I think that we can make an exception even… even to us that usually don’t care for quick-take. We have got to do what we can to generate a faster economy, more money to come into the state coffers and this certainly is one that would do that, especially in the area of tourism which is one of the largest growing industries in our state. We have a lot of good things to offer in this state and if we can do some small things for different areas of the state to help the economy and to help the state budget, I think it behooves us all to get onboard. I intend to vote ‘aye’. Thank you, Mr. Speaker.”

“Is there any further discussion? Seeing none, the question is, ‘Shall Senate Bill 216 pass, notwithstanding the Governor’s specific recommendations for change?’ This Motion requires 71 votes. This is final action. All those in favor signify by voting ‘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 77 voting ‘yes’, 38 voting 0… voting ‘no’, 0 voting ‘present’. This Motion, having received the required Three-fifths Majority, the Motion to override prevails and Senate Bill 216 is declared passed, notwithstanding the Governor’s recommendations for change. Representative Currie on a Motion. Majority Leader Currie.”

“Thank you, Speaker and Members of the House. I move to suspend the posting requirements so that Senate Bill 25 09300075.doc 49  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 can be heard in the Committee on Public Utilities and that House Bill 2833 can be heard in the Committee on the Executive. I believe the Motion has been cleared with my counterparts on the Republican side of the aisle. And I’d appreciate your support for the Motion.”

“Mr. Black. There being no objection, the leave being granted. And the suspension… the posting notice is suspended. Mr. Clerk, what is the status of Senate Bill 1704?”

“Mr. Molaro on Senate Bill 1704. Excuse me…”

“Well…”

“Third Reading.”

“Thank you.”

“Mr. Clerk…”

“Yeah.”

“…read the Bill.”

“Mr. Molaro.”

“Well, Representative Capparelli, who is the Sponsor of the Amendment, spoke to it. We did speak earlier in debate. The pension note, I think, comes out to about 500 million. We were thinkin’ about 600 to 700 million. But again, just quickly and briefly, this is agreement worked 09300075.doc 50  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 out by the employer, employee and the pension fund and there is absolutely zero, none, no cost to the State of Illinois. The City of Chicago can easily pick this up and this is to balance their budget meaning that they don’t have to lay off 15 hundred workers. They can keep everybody workin’. There’s assurances now not all those positions will be filled, anywhere from 30 to 40 percent of them will be left out, that’s not in the Bill, but those are the assurances we have. And this is a… this is what the early retirement incentive both in private industry and in the public sector is for and this is the perfect time to do it. With that, we’ll answer any questions if there are any.”

“Is there any discussion? The Gentleman from Lee, Mr. Mitchell.” Mitchell, J.: “Mr… Thank you, Mr. Speaker. Inquiry of the Chair.”

“State your inquiry, Sir.” Mitchell, J.: “Does this Bill, in fact, have an immediate effective date?”

“We will get… we will have that answered very shortly. While we are retrieving that information, the Chair recognizes Mr. Black.”

“No. The information is… is forthcoming and we’re gonna go down the list…”

“…of people wishing to speak on the Bill. So, Mr. Black.”

“Ladies and Gentlemen, Representative Mitchell asked the question whether this Bill has an immediate effective date. I am… the Chair has been advised that it does have an immediate effective date and consequently, 71 votes will be required for the passage of this legislation. Representative Molaro. Excuse me, Representative Poe. The Gentleman from Sangamon, Mr. Poe.”

“Thank you. Further discussion? The Gentleman from Lee, Mr. Mitchell.” Mitchell, J.: “Thank you, Mr. Speaker. To the Bill. Again, I have great sympathy for the problems in the City of Chicago and I understand their plight. However, one of the things that the former Representative said was that it’s an urgent problem for the City of Chicago, but not as urgent a problem for the downstate teachers. But I beg to differ with that simply because the ERO for teachers is about to sunset. Teachers are going to have to make that decision this spring on whether or not they retire. And believe you me, they’re going to be retiring in masses. I don’t have the numbers. I’ve asked for the numbers from the IEA that know how many people are eligible now that if they don’t take it now they’re going to miss the opportunity. We’re not only going to see a tremendous hit on the teachers retirement system, we’re going to see a loss of professionalism like we’ve never seen in this state before. I agree with Representative Black, with Representative Poe, that at this point, at this point, we have plenty of time left to put this together to benefit the City of Chicago, to the teachers that teach our children and at this point a ‘no’ or ‘present’ vote would certainly send this back to the drawing board, put it together and come back with one pension Bill. I’ve been here… around here long enough to know that sometimes you only get one shot when it comes to pension Bills. If this is it, we better make sure that everybody that needs some help in this area gets help. I 09300075.doc 54  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 urge a ‘no’ or ‘present’ vote at this time. Thank you very much.”

“Further discussion? The Gentleman from Lake, Mr. Mathias.”

“Further discussion? The Gentleman from Cook, Mr. McAuliffe.”

Speaker Novak: “Further discussion? Mr. Osterman, the Gentleman from Cook.”

“Thank you, Mr. Speaker. To the Bill. Ladies and Gentlemen, as I stated earlier, this is an urgent matter. 09300075.doc 56  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 I don’t disagree with my previous colleagues that talked about the urgency of the downstate teacher pension fund. We can possibly look at some of those issues in the early part of next year. This matter, the City of Chicago’s budget ends at the end of the calendar year which means if we do not act while we are here, this matter, they are gonna lay off a thousand people. They’re gonna have layoffs during Christmas time. Those are people that work hard every day, like teachers and city service and city government that have families, those people would be helped if we have an early retirement and people leave the City of Chicago. This has no fiscal impact on the State of Illinois. I am willing to work with my colleagues from around the state to look at some of those pressing issues. And we will be here in January and February and March and April and May, but we need the help of all the people from around the state to try to act on this measure right now. I would not be saying this if it wasn’t as urgent as it is, but I ask all of you to think about that, think about those people that will get laid off and spend a Christmas, you know, looking for work. So, please support this measure.”

“Mr. Molaro to close.”

“Well, I… Thank you, Mr. Speaker. You know, we… we… I guess we’re havin’ a political debate. I guess, because when people get up there and say we have no problem with this Bill. There’s no state money. It helps policemen and firemen and widows and we think it’s terrific, but I can’t vote for it because there’s other Bills I like that I can’t 09300075.doc 57  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 get called. Well, I can understand why some people not in Chicago would say what do I tell my constituents who want an early retirement incentive, want certain extensions, that we gave the City of Chicago theirs, but we didn’t get ours. Well, the corollary is also true. How do we go back to Chicago and say our colleagues thought it was a great idea, but because they couldn’t get what they wanted on the time frame they wanted it, they couldn’t vote for ours. Representative Osterman said something which I wish everybody could just pay attention to for one minute. The State of Illinois ran an early retirement incentive a year and a half ago. When we brought it up at the end of Session, the City of Chicago was not in position to have an early retirement incentive ‘cause they’re not on the same fiscal year. We passed the early retirement for the state and we had no early retirement for the city. The city hasn’t had one in six or seven years, maybe even longer. After the state passed theirs, this is the first opportunity and by the way, we all know people who retired last June or last July, this is the opportunity for the city. So, to come up and say, well, we want an additional ERI before we give the city’s theirs, I just don’t understand that especially when there’s no state money. We also understand, maybe your constituents don’t and I really understand your political problem because they don’t understand it, but it also is a fact that when we go into negotiations next year and the ERO, by the way, expires in June of 2004, we have to extend the ERO for the teachers. 09300075.doc 58  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 There will be a lot of discussions with an early retirement because early retirement incentives for the state and budget negotiations must go hand in hand. That’s the way we’ve always done it. You can’t do an early retirement incentive for the state in Veto without the… requisite budgetary comments and do the… We know that. Now, I understand that it’s been a practice for probably a hundred years and Representative McAuliffe, you used the word ‘hostage’, that’s a great way… way to look at this. Nobody wants to hurt the people of the City of Chicago, the laborers, the policemen and firemen, certainly, nobody on that side of the aisle wants to stop this. They just feel, let’s hold it hostage ‘til we see what we can come up with that’s better. The problem is whether you hold it ‘til today, ‘til Thursday and now I hear we’re gonna be here possibly Friday and Saturday, that doesn’t change the fact that we’re not doing the budget negotiations now. It doesn’t change the fact that every early retirement incentive has to do with the state budget. The early retirement for the city has nothing to do with the city budget or the state budget, it’s a tax levy two years in advance. We all know that. So, not to pass this makes absolutely no sense when you have the commitment of almost everybody on this side of the aisle that we’re gonna do this. Many of those people on that side of the aisle sat with me on the Pension Laws Commission. We, of course, are for an early retirement for state employees. Of course, we’re for the teachers retirement system and the extension 09300075.doc 59  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 of the ERO and their early retirement. Chicago teachers retirement system has to have theirs, that’s all gonna come next years, but unfortunately we have to have the City of Chicago’s done right now. And I’d urge an ‘aye’ vote. Thank you.”

“Further discussion? The Gentleman from Adams, Mr. Tenhouse.”

“Mr. Mitchell.” Mitchell, J.: “Thank you, Mr. Speaker. I’ve… I’ve just received the information that I’d requested earlier. The thing that the Body doesn’t understand is that teachers that are eligible for the ERO, that’s going to sunset this coming year, have to make their decision prior to any budget negotiations, prior to anything that we do, if we don’t do something this Session. Nineteen thousand teachers across the state are eligible for the ERO and their choice is gonna be either, I go now before it sunsets or I wait several years and I can guarantee you what it’s going to be. We are going to have a teacher shortage like you won’t believe unless we do something for them to keep them in the ranks for more years. That’s the reason why we have to tie the pension systems together. It doesn’t have anything to nego… do with budget negotiations, it has to do with the crisis we’re facing and we’re facing a crisis right now. Mr. Speaker, if this receives the requisite number of votes, I’d request a verification.” 09300075.doc 60  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003

“Your request for a verification is granted.” Mitchell, J.: “Thank you.”

Speaker Novak: “Further discussion? The Lady from Cook, Representative Davis, Monique Davis.” Davis, M.: “Thank you, Mr. Speaker. I rise in support of this Amendment based upon the fact that Chicago is attempting not to have a major layoff. With this Bill, it will allow some of those who are eligible to retire early. If they’re replaced by workers, they’ll be workers who earn less than those at the top of the salary scale. I think it’s an economic move that supports Chicago that does not affect the state budget at all, but it does allow the city to in some way make up for the deficit that they too are facing. I think all of us in the Legislature who come from different areas find ourselves in special places frequently seeking something that will perhaps set standards or set something right. In this case, we’re asking for the opportunity to offer early retirement to those who meet these standards, there’s a cutoff date, I believe, of December 2003, and I believe after that umbrella we will go back to regular terms. I think it’s a fair and equitable way to make certain, Mr. Speaker, that hundreds of workers in the City of Chicago are not laid off. I feel very privileged, Mr. Speaker, to urge an ‘aye’ vote on this legislation. Thank you.”

“Further discussion? The Gentleman from Cook, Mr. Joyce.” 09300075.doc 61  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Ya know, we’ve had a lot of issues come through here and I know that the last Bill that was just called people refer to and talked about quick-take being a bad thing, but this was a regional thing and it wasn’t that bad so a lot of people voted for it and isn’t that funny how this is the next Bill that comes after it. So, I think everyone in this chamber’s for the teachers in the State of Illinois, but this Bill is not about the teachers in the State of Illinois. That would be great if the next Bill that came up would be the ERO for the teachers. I think you’d get 115 votes for it. But this is about the widows of Chicago police officers and Chicago firefighters. This is about the women and men who put their lives on the line every day, take their chances to protect us. Now, this is bringing parity to downstate firefighters pension benefits, downstate police officers pension benefits and bringing parity to widows pension benefits. Now, if you look at anyone who’s over the age of 6… 66, who may be a widow of a Chicago police officer, they’re getting $800 a month. You tell me, a housing market in the City of Chicago that is… can afford a widow a chance to live the proper life that she deserves after living every day with the threat that she’s gonna lose her husband on the job. Tell her where she can afford to live the kind of life that they deserve within the City of Chicago. So, we’re gonna give ‘em a hundred dollars from the pension fund for next year and a hundred dollars the next year from the pension fund, 09300075.doc 62  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 nothin’ from the state. So, tell me, is that too much to ask for when it costs the state nothing. Let’s deal with the teachers’ issue, we’ll deal with it. Let’s deal with this issue and vote on thisue… issue and talk about this issue. Don’t talk about other issues when we’re votin’ on the people that have served their… their entire lives to protect us and our kids. I urge an ‘aye’ vote. Thank you, Mr. Speaker.”

Speaker Novak: “Further discussion? The Gentleman from Clinton, Mr. Granberg.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House and especially my downstate colleagues. For some of you who are new, you… you may not understand the difference of what the Ladies and Gentlemen are talking about. I’ve done negotiations for the downstate fire. I’ve done negotiations for the downstate police. And we negotiate that for all the unions to the Illinois Municipal League and we’ve successfully reached a conclusion to those negotiations in the past. That’s what we do, we reach consensus. Chicago did that in this instance. This has no affect on our downstate fire or downstate police because those negotiations take place every three or four years based on an agreement the separate parties have. They don’t wanna reopen those negotiations until that time period has ended. We go through these negotiations every four or five years for each group. This is what they have done in the city. They have reached that successful conclusion. We ought to honor them to do that. We ought 09300075.doc 63  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 to honor their agreement, like the people from northern Illinois vote for our agreements for the downstate fire and downstate police. When we increase our benefits for the widows and the other participants, they have voted with us because we negotiated that agreement and likewise, downstate should vote with them today because they’ve reached an agreement themselves that has no state money, none. If anything, we ought to let them do it because they’re using their own property tax base much like we do with our downstate fire and downstate police when we’re asked to negotiate those agreements. So, this should not be a regional argument, this is about what’s good… what’s good for everybody. They’ve negotiated, reached an agreement, we’ve done the same thing. It’s the same thing. So, I would just simply ask you to give them a vote on this. It’s the right thing to do because we’re gonna ask them for their votes on our downstate fire and our downstate police in the future. Thank you.”

“Thank you. Further discussion? The Gentleman from Cook, Mr. Dunkin.”

“Mr. Speaker, you know, all of us… all of us here in this chamber has someone who is a member of a police department, a fire department who have experienced some type of discernment with one of their colleagues, parents or excuse me, wives, becoming widowed or killed as a result of them serving like we’re serving. We serve in a public capacity as every single one of these particular individuals do to serve the public. And this is… And I’m 09300075.doc 64  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 actually surprised that we’re having such an extended debate with this, right here, given that it’s for the City of Chicago specifically and it’s really not gonna hurt anyone else outside of the City of Chicago and from the merits of the argument, it’s a pretty fair Bill and it’s the right thing to do. I urge an ‘aye’ vote.”

“The question is, ‘Shall Senate Bill 1704 pass?’ All those in favor vote ‘aye’; all those opposed vote ‘no’. This action takes 71 votes. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. There has… Ladies and Gentlemen, would you take your cha… take your seats. There has been a request for a verification. Mr. Clerk, poll those voting in the affirmative.”

“Mr. Mitchell. Mr. Mitchell.” 09300075.doc 65  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 Mitchell, J.: “Representative Lindner.”

“Who did you… Representative Lindner is in the rear of the chamber.” Mitchell, J.: “She’s in the back of the chamber. Representative Schmitz.”

Speaker Novak: “Representative Schmitz. Representative Tim Schmitz. Is Mr. Schmitz in the chamber? Please remove Mr. Schmitz. Any further requests?” Mitchell, J.: “I’m lookin’. Thank you, Mr. Speaker, that’s enough.”

“You’re welcome. The question is… Mr. Clerk, take the record. On this question… Mr. Molaro.”

“Let… I just wanna see what… Can we put this on Postponed Consideration?”

“Yes. Please, Mr. Clerk, please put this on Postponed Consideration. On page 3 of the Calendar, on Senate Bills-Second Reading, there is Senate Bill 867. Representative Currie. Mr. Clerk, read the Bill, please.”

“Representative Currie on Floor Amendment #1.”

“Thank you, Speaker and Members of the House. The Amendment is very similar to a Bill we adopted, I believe, unanimously in the spring, Senate Bill 1757 that gives some… puts some meat on the bones of our Rainy Day Fund the effort to make sure that we save resources when resources 09300075.doc 66  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 are available so we’re not left holding the bag when times get tough. This measure incorporates the provisions of that Bill, Senate Bill 1757, and several proposals that the Governor made in an Amendatory Veto. Those provisions would increase the size of the Rainy Day Fund from 4 percent as in the original Bill to 5 percent of the total General Revenue Fund and that the extra be used to pay down deferred liabilities, create some definitional issues. One item that was in the Governor’s Amendatory Veto is not in this Amendment and that was what we believed would be a requirement that we buy his revenue projections. We think that derogates the legislative authority, so we did not include that provision in this redraft. I… This… that’s what the Amendment does. It’s a measure you voted on before with a few improving items from the Governor. I’d be happy to answer your questions and I’d appreciate your support for the Amendment and the Bill.”

“Thank you. Is there any discussion? Mr. Black.”

“Please state your inquiry, Sir.”

“We’ll verify it for ya.”

“Very shortly. Mr. Black. Mr. Black, I have been advised that it is now on the system, Sir. Is there any discussion? Seeing none… Mr. Black.”

“Sponsor’ll yield.”

“At the moment, that’s a definitely fine description.”

“But it is hoped…”

“…that some day times will be different…”

“…and when that happens, then we mightn’t find ourselves in quite such a mess as we do this very day.”

“That’s exactly right. Unless the revenues are 4 percent above last year’s revenue, nothing goes into the 09300075.doc 68  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 fund and in the event that they are 4 percent or more above last year’s revenues, in the first year one half of one percent would go into the fund and in the second year, 1 percent of the… of the… of the excess. Remember always, that we… we have ultimate appropriations authority and nothing in this proposal takes that away from us.”

“That is accurate, yes. The idea is that when we have natural growth one thing we might want to do with a portion, just a small portion of that natural growth, is to set it aside to help us over tough times. If we were to adopt a fee or a tax increase, that obviously is a different kind of growth, presumably we would have done so because we saw problems that needed fiscal solutions. So…”

“…that would be exempt from the calculation.”

“I don’t think so.” 09300075.doc 69  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003

“Further discussion? The Gentleman from Cook, Mr. Parke.”

“Sponsor yields.”

“Well, in fact, this is the way most Rainy Day Funds are organized in our sister states. We could, as a Body, we could decide to put some revenues into the Rainy Day Fund with or without this legislation, but what this legislation does is enable us to meet our continuing 09300075.doc 70  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 responsibilities. However, when times are good, it gives us a mechanism to build a fund that will help us over bad times, will help us deal with a short-term cash flow problem, will make clear when we have deferred liabilities. This, generally speaking, Representative, is called good government. Now, you don’t have to be for it, if you don’t like it, but that’s the point. It’s to make sure that we are treating our taxpayers with respect and yet not tying our hands when it comes to responding to our responsibilities to people who depend upon the state for support whether those are school children, children in care, people who are mentally ill or the developmentally disabled.”

“We do. Unfortunately, first of all, there’s not much in it and secondly, there is no mechanism that would in good times try to build up that fund so that it has more value when times are tough. I think the amount in that fund is something like 226 million. I think it’s empty at the moment. But will have to be repaid by the end of the current fiscal year.”

“But this mechanism would mean that during the high times of the ‘90s, we didn’t put some money aside for the rainy days to come, we should have and with this mechanism in place, the next time things are good we’ll be able to reserve and when the times are bad, we’ll… we’ll have a cushion to help us over the bumps.” 09300075.doc 71  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003

Speaker Novak: “Is there any further discussion? Representative Currie to close.”

“Thank you, Speaker, Members of the House. Remember, this fund is appropriated. We retain complete control over the dollars that go into the Rainy Day Fund and one of the items for which the Rainy Day excess can be used is deferred liabilities. What are those? They’re the old Medicaid bills, they’re pension payments. So, if the goal is to see to it that that we’re doing the job, this is the mechanism that will do it for us. Let me just mention a few of the organizations and individuals who support this Bill. I’ve already, of course, mentioned the comptroller, also State Treasurer Judy Barr Topinka, AARP, the Illinois Federation of Teachers, the Taxpayers Federation, the Illinois state chamber, the Illinois Association of Rehab Facilities. This has strong support from watchdog 09300075.doc 72  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 organizations. Strong support from other constitutional offices. You voted for it in the spring. I recommend you vote for it now.”

“The question is, ‘Shall Floor Amendment #1 be adopted?’ All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the Amendment is adopted. Any further Amendments?”

Speaker Novak: “Third Reading. Mr. Clerk, read the Bill, please.”

“Representative Currie.”

“Thank you, Speaker. I think we all understand what this Bill is. It’s good government. It is respectful of the taxpayers’ dollars. It helps us over bad times. It does not take one wit of our appropriations authority away from us. I recommend a solid ‘aye’ vote.”

“The question is, ‘Shall Senate Bill 867 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? Representative Munson. Representative Lindner. Mr. Winters and Mr. Schmitz. Mr. Clerk, take the record. On this question, there are 111 voting ‘yes’, 1 voting ‘no’, 1 voting ‘present’. And having reached the required Constitutional Majority, Senate Bill 867 is hereby declared passed. On page 3 of the Calendar, under Senate 09300075.doc 73  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 Bills-Second Reading, there is Senate Bill 932. Mr. Clerk, what is the status of the Bill?”

“Third Reading. Representative Currie on Senate Bill 932. The Chair… It wasn’t read a second time, so it’ll remain on… it’ll remain on Third Reading. On page 3 of the Calendar there is Senate Bill 978. Mr. Clerk, what is the status of the Bill?”

“The Gentleman from Bureau, Mr. Mautino on the Amendment.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #1 to 978 is a… an issue which was brought to me by a local school district and Department of Transportation. This would allow for a speed to be reduced in front of a school which is contiguous to a state highway. I found also, and I believe, you should have up on the board Representative Moffitt and Wait who had similar situations. The language is agreed. Be happy to answer any questions.” 09300075.doc 74  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003

“Is there any discussion? The Gentleman from Vermilion, Mr. Black.”

“Sponsor yields.”

“Yes, within…”

“You know, I was actually the Sponsor of the Bill that you’re talking about…”

“…and I was delighted to actually vote for it.”

“Actually, this… this language does not drop it to 40. It gives them that discretion…”

“…to go to the appropriate speed limit as determined by IDOT. Before, the reason we couldn’t get this done is because in the warrant process we did not have enough… enough numbers to justify it, but this is a high school that’s basically built in a cornfield on the edge of town. So, when IDOT looked at it now they said, we will make you a 40 mile an hour sign and put up a zone, but the reality is the first person who contests that ticket will win because there was no way to enforce it. This language gives them the latitude to do that below that 45 mile an hour buffer which is your problem and is Representative Wait’s and Moffitt’s as well.”

“Yes. If you look at the language, it says directly that the department ‘may’ at the school district’s request set a reduced speed limit for student safety purposes in a portion of the highway that faces the school property and which is our situation, they can go actually a quarter of a mile in either direction. For ours, the south… the southern district of the Mendota High School is in town, so the city can, by ordinance, set that at 25 if they wanted to. They can go to that… they can go to that level. But the northern section, which has a rise in it about an eighth of a mile out where people are coming up fast and we had the unfortunate incident of about five accidents in four months including two deaths of a… of a young couple from Rockford. So this… this gives ‘em that flexibility within that line of sight and the department agreed it should be done.”

“I’d… I’d be honored to have you and I’ll…”

“…I’d ask for the Clerk to put that up on the board, as well. I’ll sign the paperwork.”

“Further discussion? The Gentleman from Boone, Mr. Wait. Sponsor’ll yield. Mr. Clerk, Mr. Wait’s microphone is not on. Recognize Mr. Biggins’ microphone.”

Speaker Novak: “Further discussion? The Lady from Will, Representative Kosel.”

“The Sponsor will yield when he gets back to his chair.”

“I think the language, as drafted, would it… would be broad enough that it would cover it. They could most likely petition IDOT. I can get you a confirmation on that.”

“But it says a school property.”

“I’ll… I’ll find that out on ‘unit’ with the word ‘district’ in there, it may apply only to public schools and I’d be willing to work with ya on a follow-up for these if that’s the case.”

Speaker Novak: “Any further discussion? Seeing none, the question is, ‘Shall Floor Amendment #1 to Senate Bill 978 be adopted?’ All those in favor say ‘aye’; all those opposed say ‘no’. The opinion of the Chair, the Amendment is adopted. Any further Amendments, Mr. Clerk.”

“Third Reading. Read the Bill, Mr. Clerk.” 09300075.doc 79  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003

“Mr. Mautino.”

“Thank you, Mr. Speaker. This… this Bill has been, I believe, fully debated. We have no opposition, solves a long-standing problem for many school districts that are out there. And would provide for increased safety for the students and those who are using the distance learning center located in these… these high schools and grade schools that would now qualify. Ask for an ‘aye’ vote.”

“The question is, ‘Shall Senate Bill 978 pass?’ All those in favor signify by voting ‘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. The question is… On this question, there are 111 voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. Having reached the required Constitutional Majority, Senate Bill 978 is hereby declared passed. On page 3 of the Calendar, under Senate Bills- Second Reading, there is Senate Bill 1412. Mr. Clerk, read the… what is the status of the Bill, please? Senate Bill 1412.”

“Mr. Sacia on Senate Bill 1412. Excuse me, thir… Third Reading. Hold the Bill on Third Reading. On 09300075.doc 80  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 page 3 of the Calendar, under Senate Bills-Second Reading, is Senate Bill 1510. Mr. Clerk, what is the status of the Bill, please?”

“Third Reading. On page 4 of the Calendar, under Senate Bills-Second Reading, there is Senate Bill 1559. Mr. Clerk, what is the status of the Bill, please?”

“Mr. Mautino on Floor Amendment #1.”

“The question of the Clerk, is Floor Amendment 2 also ready to be called?”

Speaker Novak: “Mr. Clerk, how many Amendments have been filed?”

“Okay. Amendment…”

“Does that answer your question?”

“Amendment 2 becomes the Bill on there, so I believe we’d need to withdraw Amendment 1?”

Speaker Novak: “Okay. Mr. Clerk, withdraw Amendment #1. Amendment #… Floor Amendment #2 is offered by Representative Mautino. Mr. Mautino.” 09300075.doc 81  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003

“Thank you, Mr. Speaker. This Bill is a work in progress and it… it affects the Farm Development Authority, one of the agencies which was consolidated within the… under, I believe, it was 1901. The Amendment itself will incorporate language from Senator Larry Walsh and increases the availability of farm loans through the development authority to small farmers and larger… large farmers, as well. The proposed loan program improvements will serve more farmers without cost to the taxpayers, the operating expenses of the Farm Development Authority will be paid by the farmers and lenders, there’s no GRF, there’s no bonding within this program itself. The… and the rural farm representation would also be intact. This Bill does take the Farm Development Authority out of the new consolidated agencies. We are working basically to put in place a structure that will serve more farmers, will increase the amount of the loans available from 500 thousand up to a million and will also allow some of the… so that some of our larger farms can enter these very successful programs. We would like to keep that intact. This does, in fact, take it out of the consolidation, but that’s a point that we’re negotiating. We hope to come up with a… a stronger Farm Development Authority program. I would ask the Body’s permission or acceptance to bring this legislation forward and to continue working on it in the Senate.”

“Any further discussion? Hearing none, the question is, ‘Shall Floor Amendment #2 be adopted to Senate Bill 1559?’ All those in favor signify by saying ‘aye’; 09300075.doc 82  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 opposed say ‘no’. In the opinion of the Chair, the Amendment is adopted. Any further Amendments, Mr. Clerk.”

“Third Reading. Read the Bill, Mr. Clerk.”

“Mr. Mautino.”

“Thank you. Amendment 2 now became the Bill. This will increase the availability of loans to young farmers. It doesn’t change the debt caps, costs the State of Illinois no additional money, but will bring more people into the program and will assist agriculture. I stand ready to answer any questions. And I’m looking forward to working with the Governor’s Office and many of our farm groups. This was actually brought to me by a local constituent, Kurt Anderson, who was one of the members of the… excuse me, Kurt Favor, who had been a member of the farm board and thought these improvements could greatly help all the farmers in the State of Illinois. I agree and would like the opportunity to continue working.”

“The question is, ‘Shall Senate Bill 1559 pass?’ All those in favor signify by voting ‘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 111 voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. And having reached the required Constitutional Majority, Senate 09300075.doc 83  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 Bill 1559 is hereby declared passed. Mr. Clerk, what is the status of Senate Bill 875?”

“Hold the Bill on Second Reading. On page 4 of the Calendar, under Senate Bills-Second Reading, there is Senate Bill 1656. Mr. Clerk, what is the status of the Bill?”

“On the Amendment, Majority Leader Currie on Senate Bill 1656. Mr. Clerk, take the Bill out of the record. Representative Currie on Senate Bill 1656 Floor Amendment #1.”

“Thank you, Speaker and Members of the House. This Amendment represents an agreement among the Leaders to do some reorganizing and reforming of the way the legislative support agencies operate. It would reduce from 11 to 8 the number of such agencies and it would create the Office of Architect of the Capitol, a professional who can help us with the rehab and re… redo projects that would serve us well. The ultimate savings from this reform could amount to or in the neighborhood of $400 thousand a year. I’d be 09300075.doc 84  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 happy to answer your questions and I’d appreciate your support.”

“Is there any discussion? The Gentleman from McLean, Mr. Brady. Seeing no discussion, the question is, ‘Shall Floor Amendment #1 to Senate Bill 1656 be adopted?’ All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the Amendment is adopted. Any further Amendments?”

“Third Reading. Read the Bill, Mr. Clerk.”

“Representative Currie.”

“Thank you, Speaker. I think I explained it. The Amendment becomes the Bill. I’d appreciate your support for this important reform in Illinois State Government practices.”

“Is there any discussion? The Gentleman from Cook, Mr. Lyons.” Lyons, J.: “Thank you, Mr. Speaker. Not a question, but to the Bill. As the cochairman of the Space Needs Commission and realizing what is being proposed here, I certainly don’t stand in the way of what we’re trying to do, but I do stand in support of some wonderful people that have worked my years. My experience having been on the commission for at least six or seven years and cochairman for the last three, I just wanna let you know there are some outstanding people who’ve done an outstanding job on that commission that I’m 09300075.doc 85  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 very concerned with and I would hope would certainly be incorporated into whatever redevelopment we have here, Leader. And if you care to address it, that would be wonderful.”

“Any further discussion? The Lady… excuse me. Representative Currie, I’m sorry.”

“I think that was a question and my understanding is that, yes, the technical expertise of the existing staff at the Space Needs Commission will be very much involved in this enterprise.” Lyons, J.: “That’s great. Thank you very much, Leader. Appreciate it.”

“Further discussion? Representative Slone.”

“Thank you, Mr. Speaker. Will the Lady yield?”

“Lady’ll yield.”

“Representative Currie, can you tell me whether this legisla… this legislation would require us to keep the Stratton Building in place and be remodeled as opposed to considering the possibility of destruction…”

“It did not require the retention of the Stratton Building.”

“Thank you.”

Speaker Novak: “Further discussion? The Lady from Cook, Representative Mulligan.”

“Sponsor’ll yield.” 09300075.doc 86  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003

“Yes.”

“Yes, it does. It restores to the Economic and Fiscal Commission the responsibilities of today’s Pension Laws Commission and folds the responsibilities of the Intergovernmental Cooperation Commission into the Legislative Research Unit. It also creates the Architect of the Capitol position to be filled by a professional to make sure that we do not do damage to the historic resource that this State Capitol building is.”

“That’s true. That’s… it’s defunct, so we don’t actually get any savings from abolishing that.”

“About ten years ago, those responsibilities were handled by the Economic and Fiscal Commission and the Economic and Fiscal Commission would pick up those responsibilities when the Pension Laws Commission is gone.” 09300075.doc 87  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003

“No. And in fact, the staff at the Space Needs Commission would continue operative under the direction of the Architect of the Capitol. So, we’re not retaining the commission with Legislative Members, but this does not mean we are firing the staff.”

“Those responsibilities will be transferred to the Legislative Research Unit.”

“I said those responsibilities and the staff will go to the Legislative Research Unit.”

“They do some things somewhat different, but it’s not entirely in conflict.”

“The Legislative Research Unit is one of our support agencies as was the Commission on…

“…Intergovernmental Cooperation.”

“And they do report to us and they will.” 09300075.doc 88  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003

Speaker Novak: “Further discussion? The Gentleman from Sangamon, Mr. Poe.”

“The Sponsor will yield.”

“This was… actually the brain child of the chiefs of staff of the four Legislative Leaders, so our hats should be off to… to the people who work with these commissions, work with issues of the building day in and day out and they took a few days off this summer to think it through and they concluded that this will be a better way of operating these legislative support activities in our interest.”

“No. As I said, there will be… there are projected savings, about $400 thousand ultimately is the ballpark figure I’ve been given. But it’s also important, as other states have done, especially with historic capitol buildings to make sure that the rehabs, the renovations that are done, are being done under the direction of somebody who is well-versed in those practices.”

“So, the idea of an Architect of the Capitol is certainly not new, not the first time it’s come around here in the State of Illinois. It happens in other states and 09300075.doc 89  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 those of us who’ve noticed, ya know, so that the occasional shard of ceiling falling on your side of the aisle or the problems that have been discovered in Room 400, let’s make sure we have a very professional operation when we are making changes to our physical plant.”

“Because we are… we are abolishing three current legislative support agencies and turning some of their functions over to other agencies, that’s the estimate of the savings.”

“I don’t know that… Right now, several positions are vacant. Some of those positions may not be refeeled… refilled.”

“Well, there are Legislators who serve on the boards on each of our current support agencies, so the only two that are… if the three that would be affected are the intergov… Intergovernmental Cooperation Commission, the Pension Laws Commission, which includes some Legislators, and the third would be the Space Needs Commission. As I say, the staff of the Space Needs Commission would continue and so would the staffing from those other agencies.”

“And lawmakers who… who have been Members of those commissions are welcome to ask their Leaders to appoint them to one of the other support agencies whether the LRU 09300075.doc 90  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 or the LRB, the Economic and Fiscal Commission. We have a fair number remaining.”

“Doing away with what?”

“The commission itself would cease to exist, but the responsibilities would return to the Economic and Fiscal Commission which handled those responsibilities until about a decade ago.”

“I don’t know that we need to have duplicative oversight and I would say that the staff of the Space Needs Commission will continue to work in these operations. I think the advisory board that is created by this Bill, which includes not just the General Assembly, but the courts, every constitutional officer and the mayor of the City of Springfield so where we are doing planning and development, we are working cooperatively, not at cross purposes. I think that provides excellent oversight of the 09300075.doc 91  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 sort that is most helpful to a city and the State Government plan that may be aesthetically pleasing as well as functionally sound. As I say, this proposal came from your chief of staff and mine and from the chiefs in the other chamber and I think that it makes good sense.”

“No.”

Speaker Novak: “Further discussion? The Lady from Cook, Representative Lyons.” Lyons, E.: “Thank you, Mr. Speaker. Will the Sponsor yield?”

“Sponsor’ll yield.” Lyons, E.: “Representative Currie, could you just clarify for me and we spoke about this Bill earlier. If the members of the Intergovernmental Cooperation Commission will no longer be viable…” 09300075.doc 92  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003

“Right.” Lyons, E.: “…and they… the… that commission will be consolidated with LRU, correct?”

“That’s right and there will be continuing a… an LRU board that will include Legislators.” Lyons, E.: “And my question is, how many… how many legislative Members are on the LRU board?”

“We think it’s 12, but we’re double checking.” Lyons, E.: “And that board will not be expanded. It could possibly be reduced, correct?”

“I’m sorry. Could you repeat the question?” Lyons, E.: “Yes. The LRU board that we’re referring to, will that board be expanded or reduced or stay the same?”

“No, it would stay the same.” Lyons, E.: “So, those Members that are on the LRU board will take on the responsibilities…”

“Yes.” Lyons, E.: “…of the commission?”

“And individuals who would like to continue the work of the commission would be invited to speak to their Leaders about the possibility of appointment to the LRU. Similarly, people who are concerned with the pension issues might redouble their efforts to find a seat on the Economic and Fiscal Commission.” Lyons, E.: “And that’s my question. How could they do that…”

“The Leaders appoint… Lyons, E.: “…if the bandoned… if the…”

“…the Leaders…” 09300075.doc 93  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 Lyons, E.: “…the board is not gonna be expanded and there are Legislators there already, how could…”

“Well, maybe… maybe a little trading with the Legislator who’s not real interested in the LRU, but is serving on that… in that capacity. Maybe that’s one way to go. There are changes every Session in the General Assembly and in another year, will be a new Assembly. So, I think that one can work with one’s own Leader and one’s colleagues to see that one has landed in a place where one feels effective and has resources to offer.” Lyons, E.: “Thank you. And I would also like an assurance that the pamphlets and information that the Intergovernmental Commission publishes will continue with LRU board.”

“That is one of the responsibilities that is transferred.” Lyons, E.: “And so, you don’t see a reduction in any of… in any of that material?”

“No, I do not.” Lyons, E.: “And then my other question is, does this Bill have anything to do with the funding for the organization for NCSL or the other…”

“No.” Lyons, E.: “This Bill has nothing to do with that?”

“No, no.” Lyons, E.: “Okay. Thank you.”

“Further discussion? The Gentleman from Cook, Mr. Parke.”

“Sponsor yields.”

“Whether I would or wouldn’t isn’t the issue. Should there be some analysis of pension Bills that come before the Assembly, I would say ‘yes’, but the Economic and Fiscal Commission used to do a good job and I think they can do a good job in the future. My…”

“Yes. There will be a transfer of some staff and appropriations to the Economic and Fiscal Commission, for example, to pick up the new responsibilities with respect to pensions.”

“You mean the amount?”

“I believe all of it will be transferred whatever is in the… in that line in… with the unobligated amount during the remainder of the fiscal year.”

“Now, some of the… some of these agencies are missing directors just at the moment, but there are other staff and I believe it is the intent in… to transfer that staff.”

“Yeah, but the… but the director of the Economic and Fiscal Commission will then be the person in charge of the employees who work on the pension material.”

“Absolutely. And, you know what, it’s about time.”

“Mr. Brauer.”

“Yeah. We will have money from the… from the appropriations of the Space Needs Commission.”

“Sorry.”

“Pardon me.”

“From the Space Needs Commission appropriation.”

“We believe so.”

“I… You know, I… my guess would be full-time.”

“It’s intended to be full-time. It’s intended to be comparable to a director of one of the support agencies. It is not so stated but I don’t think that their job descriptions say full-time either. It is somebody who’s got to have a… So, it’s essentially the executive director with architectural background.”

“I believe so.”

“Well, as I say, the people who are working there will continue. They will work under the Office of the Architect of the Capitol. The Legislators will not be there. I know at least one who’s told me for some time that he didn’t think this was the most useful way of spending his time much as he admired the work of the staff.”

“Well, I… I think we’ve got a advisory board to the Office of the Architect that I think will do the job. We have the constitutional officers who have a stake in the way space is allocated, used and rehabilitated in the Capitol complex and the mayor of the City of Springfield as well as legislative appointments.”

“For many years, so…”

“…that’s just a technical cleanup.”

“Yeah.”

“Actually, no one did. And as I say, this is something that has been discussed among our staffs for a significant period of time.”

“Further discussion? Mr. Brauer.”

“Sponsor yields.” 09300075.doc 98  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003

“Sorry. Could you repeat the last part of the question?”

“Yes, because we need that kind of expertise when we’re doing our redos. You know, we just did this wonderful rehab of our ceiling and you’ll notice that some of it has fallen on the desks of the Members on your side of the aisle. We hope to avoid a repeat.”

“We… It doesn’t mean we want it to fall on the Members on our side of the aisle.”

“There will be a lot of oversight. The constitutional officers, the mayor of Springfield, the Legislative Leaders and the court will all have oversight. A ten-member advisory board will be working with the Architect of the Capitol, plenty of oversight.”

“We’ll find out.” 09300075.doc 99  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003

“We’ll see.”

“I think she’s interested in how her space is allocated and if there are rehab projects. I’m sure she’s interested to make sure they’ve come out right.”

“Absolutely.”

“And who’s… and who?”

“The constitutional officers are pleased to have this oversight role themselves.”

“No. I think that what we’re saying is we need an architect. The people who are affected by the decisions about space allocation and renewal and rehabilitation of the Capitol facilities ought to have a say. We think that oversight is perhaps especially useful and they seem to agree. And that’s why our Leaders are proposing this legislation to us.” 09300075.doc 100  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003

“The Pension Laws Commission goes to Economic and Fiscal. Space Needs goes to the Office of the Architect of the Capitol. The Intergovernmental Cooperation Commission goes to the Legislative Research Unit and the reference to a defunct Citizens Council is deleted.”

“But I suspect we can find plenty of work for those lawmakers to do in other venues.”

“I’m going to find something personally for you to do during the Spring Session, Representative.”

“I’m sorry. Was that a question?”

“I’m sorry. Could you repeat it? It’s really loud.”

“Further discussion? The Gentleman from Peoria, Representative Leitch.”

“Sponsor yields.”

“I believe it’ll be the same responsibilities.”

“Currently…”

“I believe it will be identical to what they are doing today and I would remind you that there will be legislative oversight since there are 12 Legislators serving on the Economic and Fiscal Commission.”

“I don’t disagree with you in any way, shape or form. It is my view that when the Economic and Fiscal Commission did those analyses for us, precisely the ones you’re talking about, cost to the system, benefit to the recipient, uniformity, I think we got a very good work product. And I am sure that the Legislative Members of the Economic and Fiscal Commission will make sure that we get a strong work product of the kind you want, I want and we need when those functions are within that commission.”

“You know, I… I… I’m not sure that they’ll be voting up and down. If it’s… The Pension Laws Commission mostly voted up, as I recall. I don’t remember many downs, but…”

“It is very challenging. So…”

“Yes.”

“Well, all I can tell…”

“The plan is that they will move to the Economic and Fiscal Commission. The present employees will move, the responsibilities move with them. Lawmakers serve as members of the Economic and Fiscal Commission. That oversight, that commitment that you described from your service will continue through the lawmakers who serve as members of this alternate group. And that’s the way it used to be, Representative.”

“Economic and Fisc used to take that responsibility…”

“…and I believe did it well.”

“I’ve been advised this legislation will require 71 votes for passage.”

Speaker Novak: “Further discussion? The Gentleman from Vermilion, Mr. Black.”

“Sponsor yields.”

“Yes, with five years of experience…”

“…in rehab and other kinds of things.”

“I believe so. Let me just tell you, the legislation doesn’t say full-time…”

“…it’s says executive director. It describes somebody with significant qualifications and it gives this individual significant responsibilities. I can only assume it is intended as a full-time post.” 09300075.doc 107  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003

“Yes.”

“Right.”

“Ah, huh.”

“And I think that’s the idea behind this Bill.”

“Further discussion? The Gentleman from St. Clair, Mr. Holbrook.”

“Thank you, Mr. Speaker. Representative Currie, I… I plan to vote ‘yes’ on this. Having served on the Legislative Space Needs, I just don’t know what went wrong so many times when we, as a group, would meet and make a determination on a master plan and then we’d be completely 09300075.doc 109  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 appalled when we’d open the newspaper and find that the Governor or some group would wanna spend 10-, 20-, 30 million dollars on something that didn’t fit into our plan whether it was removing the parking from above ground or renovating these buildings or even looking at the issues over the restoration of this fine building here in the Capitol. If hiring an architect and having that sheepskin gives it the credibility and gets the people involved that can make these decisions to get somethin’ done, obviously, we, on that board, when we would go to our Leaders, did not get it done. Ya know, I’m willin’ to say that I… I would bet that the comptroller and the treasurer have absolutely no background in historic restoration as much as the people that served on that commission, the Legislators, but if this will give it the credibility to get something done and get our… get the mall project we’re looking at, the restoration of these buildings and get everyone involved. We have a fine staff up there, Legislative Space Needs, as Representative Lyons said, but obviously when we… we made the phone calls, we didn’t get the job done as we should’ve. And it was not due to lack in effort on our part, as a member of that commission and I’d love to serve on this commission, however it… if it’s not gonna exist anymore, for God’s sake, let’s save our Capitol and our historic buildings and if this gets it done, let’s do it. Thank you.”

Speaker Novak: “Further discussion? The Gentleman from McHenry, Mr. Franks.” 09300075.doc 110  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003

“Thank you, Mr. Speaker. To the Bill. I’ve heard some of the debate from my honorable colleagues on the other side of the aisle and I was in a unique position to understand this Bill earlier today because it came through our committee. When I first heard it, I was skeptical as well, but I wanna point out the fact that I think people need to know to encourage them to vote ‘yes’. What this Bill will do is reduce the number of legislative support agencies from 11 to 8. It will save the state approximately $400 thousand and the architect, that we’d be putting on full-time, would only deal with the historical impact to the complex which we reside in. It’s a very limited role and it’ll save us money and it will streamline government. I’d encourage an ‘aye’ vote.”

“Further discussion? The Gentleman from Adams, Mr. Tenhouse.”

“Your request has been granted. Representative Currie to close.”

“Thank you, Speaker. It’s time to try something new in the responsibility to maintain and to rehab appropriately this excellent resource, the Illinois State Capitol. It’s time to streamline our operations. Representative Holbrook said it well. Let’s give it a try. What we’ve done has not been working. I urge you to join me in saving the taxpayers $400 thousand a year and doing a better job along the way. I’d appreciate your ‘aye’ votes.”

“Thank you. The question is, ‘Shall Senate Bill 1656 pass?’ All those… all those in favor signify by voting ‘aye’; all those opposed vote ‘no’. The voting is open. This action requires 71 votes. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Wait. Mr. Saviano. Mr. Schmitz. Mr. Clerk, take the record. On this question, there are 91 voting ‘yes’, 23 voting ‘no’, 0 voting ‘present’. There’s been a request for a verification. Mr. Tenhouse withdraws his request. Having reached the required Three-fifths Majority, Senate 09300075.doc 112  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 Bill 1656 is hereby declared passed. Mr. Clerk, what is the status of Senate Bill 1883?”

“Please return that Bill to the Order of Second Reading. Mr. Brady, for what reason do you rise?”

“Oh… I’m okay.”

“Thanks. Mr. Clerk, what is the status of Senate Bill 1704?”

“Mr. Capparelli on Senate Bill 1704.”

“Thank you, Mr. Speaker. This Bill’s been debated and redebated today. This Bill, as we know, is the pension Bill and we’ve talked about it. I think it’s the third time today. And over the years that I’ve been… I can understand the frustrations of the downstaters, but over the years that I’ve down here, I’ve always voted for every Bill that the downstaters have for teachers, police and firemen even if the Chicago area never got anything out of it. And I would just say I would like to have a favorable 09300075.doc 113  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 vote and let’s put a lot of ‘green’ lights up there so we can pass this Bill. Thank you.”

“Is there any discussion? The Gentleman from… from Lee, Mr. Mitchell.” Mitchell, J.: “Thank you, Mr. Speaker. I appreciate the… the support of everyone, the first Roll Call. I think we made our point. Discussions are continuing with… with the downstate teachers. I appreciate the… the speak… the… the attention of the Body and at this point, I have no more opposition to this Bill. I appreciate Representative Molaro allowing me to speak on this issue. And thank you, Mr. Speaker.”

“And the question is, ‘Shall Senate Bill 1704 pass?’ All those in favor signify by voting ‘aye’; all those opposed vote ‘no’. The voting is open. This action requires 71 votes. Have all voted who wish? Have all voted who wish? Have all… Soto. Have all voted who wish? Mr. Clerk, take the record. On this question, there are 97 voting ‘yes’, 17, excuse me, 18 voting none… voting ‘no’, 0 voting ‘present’. And having reached the required Three- fifths Constitutional Majority, Senate Bill 1704 is hereby declared passed. Mr. Black.”

“Thank you, Sir. The Chair accepts the Motion. And the Motion is… the question… the question is, ‘Shall 09300075.doc 114  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003 the vote by which that Bill passed be reconsidered?’ This is a Roll Call vote. All those in favor signify by voting ‘aye’; all those opposed… 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 31 voting ‘yes’, 81 voting ‘no’, 0 voting ‘present’. And having failed to reach the required Constitutional Majority, this Motion fails. Mr. Black.”

“State your inquiry, Sir.”

“Mr. Clerk, what is the status of Senate Bill 1676? Take that out of the record. Mr. Clerk, please… please read the committee announcements.” 09300075.doc 115  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 75th Legislative Day 11/19/2003

“The Chair is prepared to adjourn. Allowing perfunctory time to the Clerk, Representative Lang now moves that the House stand adjourned until the hour of 12 noon, Thursday, November 20, 2003. All those in favor signify by saying ‘aye’. In the opinion of the Chair, the ‘ayes’ have it and the House now stands adjourned.”