Illinois House Floor Debate — November 18, 2004

“Thank you, Mr. Speaker. Let the record reflect all Republicans are present today.”

“Thank you very much, Mr. Speaker. I’ll be very brief. Will the Sponsor yield?”

“Representative, it’s my understanding that there was considerable dispute between the Illinois State Board of Elections and local election authorities regarding this Bill. I’m not privy to the testimony given in Senate committee, but in looking at the Senate vote, that was unanimous, either the State Board of Elections didn’t show up or the Senate didn’t put much credence in their testimony. I’ve… I’ve heard from people on both sides of this issue. And I’m just… I’m just curious why… I… in my wildest dream I didn’t think it would get out of the Senate unanimously. I intend to vote for the Bill, but I mean something doesn’t seem to be in order here. I mean, I know there was considerable dispute between two entities. How did it get out of the Senate unanimously, given that… that background?

“All right. I’m glad you mentioned that. And I’m not being facetious or funny when I ask this. I assume this Bill has been reviewed carefully by your technical review staff.”

“All right. Because my fear is that there is a potential loss of some of our tax dollars that we so carefully send to Washington could be denied to us if we don’t meet all the federal requirements. So, to make me feel better, your staff and our staff, as far as we know, we meet all the federal requirements. We will not be in 09300217.doc 5  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 217th Legislative Day 11/18/2004 danger of losing our federal tax dollars coming back to help us implement these plans.”

“Okay.”

“All right. Thank you very much.”

“Thank you, Mr. Speaker. I rise in support of these two waivers and would like to briefly talk to the Assembly about why these two labors… waivers this time should be looked at differently than we have in the past. And if I am correct, I would be asking for a ‘no’ vote, but I will ask for clarification on exactly how that works with this. Arlington Heights School District 25, Mount Prospect School District 57 are the two districts that have asked for the waivers for the substitute teachers. Both of these school districts may have made a great deal of effort, I believe, on behalf of public education in the… in the communities as well as in the entire northwest suburban area. They are excellent schools and they have worked up on the need for these because they have worked with their school boards, they have worked with their local unions. The IEA local union support the request for the waiver, the superintendents as well as the community and all of the teachers within both of these districts. These teachers who are used for substitute are the ones that the other 09300217.doc 7  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 217th Legislative Day 11/18/2004 teachers have become accustomed to and rely on for continuity within their district. Arlington Heights School District 25 in their letter to our Education Committee did point out of how they used the teachers for the support that they have received, that they hire certified teachers for these substitute assignments and all they do not qualify for No Child Left Behind funds under Title 1, they employ ‘em and that they were willing, also, to have further discussions if it had been possible with the state board as to what else they could put in there in order to get these waivers granted. They did contact the state board and unfortunately did not receive any reception back as far as for these two waivers to try to work out something. Blanket does really work in all cases. There ought to be a look at each school district as to how the waivers would be worked. And I believe that both of these school districts have exemplified the type of public education we want. They have worked with their local unions in support of the waivers and I would ask for serious consideration in support of these two waivers. Thank you.”

“Thank you, Mr. Speaker. To the Resolution. I also support what Representative Krause says. What is the object of waivers if it isn’t to look at an individual situation? Since the local unions are in support of this and this has been the way the school district’s been functioning, I see no reason why we shouldn’t allow them to 09300217.doc 8  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 217th Legislative Day 11/18/2004 have these waivers. If you pass a law that makes exceptions, why do we always deny them. I think it’s not a good thing to do and I think we should actually consider allowing them to consider in the practice that they’ve been doing for the last number of years. I strongly request that you support the waiver which I think would make what Representative Krause said a ‘no’ on this Resolution.”

“Thank you, Mr. Speaker. I would echo would the previous two speakers have said with regard to the waivers for Arlington Heights District 25 and the Mount Prospect District. The teachers that they are hiring are certified teachers, they are used to being in the building. It is an entry level position in effect for their long-term teachers. Their local unions have agreed with this practice for sometime and I would request that we follow Representative Krause’s direction. Thank you.”

“Thank you, Mr. Speaker. I move to suspend the requirements for posting on Senate Bill 315, so it can be heard in committee today.” 09300217.doc 9  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 217th Legislative Day 11/18/2004

“Thank you very much, Mr. Speaker. I rise to a written Motion I filed and has been carried on the Calendar. Pursuant to House Rule 18(g) and House Rule 58, I move that Senate Bill 193 be discharged from the House Rules Committee and be placed on the Calen… Calendar Order of Second Reading.”

“Mr. Speaker after Representative Black’s Motion, I’d like to be recognized. Thank you.”

“Yes, thank you very much, Mr. Speaker. I appreciate the Motion and I understand that the Majority Leader has objected. I would just like the record to reflect that all I was trying to do was to discharge from the Rules Committee the teachers’ early retirement option Bill so that we could advance it to Second Reading. We had a hearing, a subject matter hearing, on it this morning. But for Members on both sides of the aisle, under the Rules of the House requiring unanimous consent, my Motion has been defeated. It is within the Rules. However, I again state, I think this rule is contrary to empowering the Members of this Body to hear legislation that our constituents are 09300217.doc 11  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 217th Legislative Day 11/18/2004 concerned about. I accept the ruling of the Chair. I appreciate the Chair letting me make the Motion. I’m disappointed that there was objection.”

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

“We had a House Resolution that was just passed, 1273, and if I could have the House’s attention just for a moment.”

“Are we gonna do this in a moment, Mr. Speaker? Do you want me…” 09300217.doc 12  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 217th Legislative Day 11/18/2004

“Thank you.”

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

“Ladies and Gentlemen in the House, each and every one of us at different times have walked on the east side of this Capitol and have looked with great admiration at many of the sculptures. One of them is of Everett McKinley Dirksen standing beside a Democrat donkey and a Republican elephant. And if you’ve ever walked close to them, behind their backs their fingers are crossed. Half of the very distinguished team that cast that sculpture is in the gallery today. She is one of the most notable sculptors in the entire nation. Her name is Lily Topol. Her husband Carl and she are very famous sculptors. Carl recently passed away. And we feel so honored to have her with us today. She has sculpted many very remarkable sculptures to include the Lincoln-Douglas debate site of Lincoln and Douglas in Freeport, Illinois. She’s an extremely remarkable lady and I feel so privileged that she’s one of my constituents. She’s in the gallery today. Ms. Lily Topol. Would you make her feel welcome.”

“Thank you very much, Mr. Speaker. An inquiry of the Chair.”

“Yes, thank you. At the appropriate time, I would certainly extend my best wishes to those people who are leaving. But knowing the Veto Session, I did not call for the veto override that I filed in writing on Senate Bill 2272 and I did so because we were still working on some material. But I… I… did not call that when the Chair asked, with the understanding, if I’ve made a mistake it’s mine, but I thought that we would have an opportunity to revisit that request for a veto override that I had filed on 2272.”

“If the Chair will indulge because if I am not able to call it today, I’ll… I’ll run out of the time by the time we come back in January.”

“Thank you, Mr. Speaker. Will the Sponsor yield for a question?”

“Representative Black, just so we can get your intent very clear in the record, do I understand correctly that it’s not your intent that ATV trails be built to crisscross our state parks and ruin the pristine environment in those parks?”

“Absolutely not, Representative, and thank you for asking the question. Under no circumstances does this Bill allow an ATV rider to ride anywhere he or she may want to on DNR property. I have a beautiful state park with a serene camping area; no way do I want them ridden in that area. However, we also in my state park, that’s Kickapoo State Park, have about 300 acres that was strip mined in the ‘50s that has not been reclaimed. It is a moonscape. That’s the only way I can describe it. If the director were to put a ATV trail on that kind of ground and it is completely removed from campgrounds and other areas, I would be supportive of that. But I think we have sufficient safeguards in this Bill that in no way shape or form… I like to go out camping every once in a while and I certainly don’t want to listen to ATVs roaring up and down trails. There will be adequate separation, adequate protections are in this Bill to make sure that does not happen.” 09300217.doc 17  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 217th Legislative Day 11/18/2004

“Okay. I appreciate your assurance that it’s not your intent that ATV trails be built where… except in those locations where it would be appropriate. Thank you.”

“It’s my understanding that they did not sign in an objection, I believe they were neutral on it. And in his 09300217.doc 18  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 217th Legislative Day 11/18/2004 column, the director clearly states he sees no problem with this legislation whatsoever. He will have the ultimate authority and any of his subsequent directors as to where such a trail could… could be built.”

“It will be built on appropriate land. And in response to the last Representative, you know, I don’t know what we’re ever gonna do about false information on this floor. But let me assure you, there is no… nothing in this law… you can’t have an ATV in a recreational area sharing space with children and picnickers. That’s… that’s… that’s disingenuous at best and an outright exaggeration at worst. They will be completely and totally separated. The director will have the authority to determine where any of these trails or if any of these trails will be built and he will pick an appropriate site. And I have… I have confidence that the director would do that wisely.”

“Yeah. They… they are neutral. And in fact, in Joel’s column, he clearly states that ATV trails in certain state parks, particularly those that grew from strip mining backgrounds would not hurt anything. And I… I can attest that Kickapoo State Park has about 300 acres of the old spoil-banks. I mean, it looks like a moonscape, all right and that might be a site for one. I don’t know, I haven’t 09300217.doc 19  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 217th Legislative Day 11/18/2004 asked him to put one there. I don’t know what his views are. But those are the only areas that would be involved. And let me again stress, there are over 300 nature or natural preserve areas in the state designated and those are specifically prohibited in the context of this Bill for any such development of an off-road vehicle trail.”

“No Ma’am, I… I… I can’t. That’s a question that’s never come up in the years we’ve worked on it but there are nature preserve areas designated in some state parks. And obviously, I have a nature preserve area in my district 09300217.doc 20  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 217th Legislative Day 11/18/2004 along a river. It’s about 150 acres as I recall. And those… those designated areas are prohibited for any development under this Bill.”

“Representative, no such Amendment was ever presented to me in committee, after committee or when I carried this Bill on the floor. Had it been given to me, I would have certainly been more than happy to present it, consider it. But I can assure you that no such Amendment was ever given to me in any of the process that this Bill has gone through.”

“No, I… I did not reject it and never did see the Amendment. And nobody has ever talked to me over the months that this Bill has been in the hopper.”

“Well, that’s my understanding and I’ll be glad to give you the column written by Director Brunsvold in which he says he has no problem with this Bill, whatsoever. And when it got out of the House last year, it got 91 votes.”

“May the 9, 2004.”

“Yes, Mr. Speaker, if I might close very briefly. Ladies and Gentlemen of the House, I don’t know how I can make it any more clear. When people read from prepared scripts and tell you that horrible things will happen and the Bill is simply not drafted that way and in fact, specifically prohibits those kind of nightmares from happening, I don’t know how I can answer that. Let me just tell you, when this Bill was before the… the House, it got 91 votes. A companion Bill, passed over the Governor’s Veto with 82 votes. Now, I… I don’t know how to make this any more clear. And by the way, to the Representative who said about open space, I’m proud to represent a county, my home county of Vermilion has more acres of open space per capita than any county in the State of Illinois. We not only say that we want open space, we have paid a lot of money to create the open space. No ATV trail is going to be built in that pristine open space. The Bill specifically prohibits it. All this Bill does is to say that you can use the user-fee money to build a trail if Director Brunsvold says it’s all right. That’s all it says. It doesn’t deal with anything that isn’t already in law except letting us use the money that ATV owners pay to register their ATV vehicle. This Bill has been negotiated for 3 years. If any… at… at… if at any time the Sierra Club or the Environmental Council had come to me, I would’ve been willing to sit down and negotiate with them. 09300217.doc 23  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 217th Legislative Day 11/18/2004 I asked them for specific objective criteria that we could put into this Bill, they did not come forward with any specific criteria. A Bill that got 91 votes last April is… been well thought out. It’s been around since May. It doesn’t do anything that the opponents have gotten up and said. I don’t know why we insist on bringing red herrings, if you want to vote against the Bill, that’s fine. I respect your views. But I get a little upset when people read from prepared scripts and throw out red herrings against a Bill that has been well… well drafted, well thought out, been 3years in the process and somebody that I served with and respect who now serves as the director of the Department of Natural Resources says he has no problem with because he has the ultimate authority on the Bill. I would ask for an ‘aye’ vote.”

“Thank you…”

“Thank you, Mr. Speaker. If I may ask a question real quickly. There will be other people as well presenting so, is it all right if we just have one moment of silence at the end for the other people that will be recognized? Is that all right? Okay. Real briefly, I wanna point your attention to a hero from my district, 19- year-old Marine Lance Corporal Nick Larson, 19 years old who died on November 9. As we speak right now, he and his family are at the cemetery burying Lance Corporal Nick Larson. Lance Corporal Larson served in the Marines, went to Iraq in mid-June. It was less than eight hours after he arrived in Iraq that he was under mortar fire in June. Served there for several months and then was involved in the battle in Fallujah. His dad has recently written a letter stating a little more about Nick and I just wanna read real briefly some things that were said about him and just the heart that Nick had. After 9/11 occurred Nick told his Mom that he wanted to be involved in protecting America because he wanted to make a difference. And so he practiced, even while he was in high school, preparing for 09300217.doc 25  STATE OF ILLINOIS 93rd GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 217th Legislative Day 11/18/2004 boot camp and preparing to be a Marine. He told his family too, how his platoon would save the Skittle candies that came in their military food rations and would hand them out to the children while out on patrol. Nick also carried a plastic Pez candy dispenser with the likeness of Sponge Bob on it and a supply of Pez… Pez candies with him. He loved the look on the kids’ faces as he flipped back Sponge Bob’s head and they tasted Pez for the first time. ‘That was Nick’, his Dad said. He went down with his buddy, a fellow Marine at this side, in far away Fallujah with his Pez in his pocket in a fierce gun battle. In his last conversation with his parents, he told them that he prayed for them every night. Nick’s message was clear, be tough but fair and most of all love one another. Nick served proudly. He is a hero and we’re going to miss him. We do have the Resolution that we’ll present to his family as well. And later on I would ask… with… as we have a moment silence for others who have been lost here in Illinois. We’ve had a really horrible couple of weeks for Illinois loss over in Iraq, but would ask for your continued prayers for his family and his friends.”

“Thank you, Mr.… thank you, Mr. Speaker, Ladies and Gentlemen of the House. Yes, unfortunately, we lost Branden Ramey from my hometown of Belvidere. He was the homecoming king in that town. He was a all-around athlete. He had just proposed to his fiancé. And unfortunately he was killed in Fallujah. So I just asked this Member of the House to join us in our prayers to his family. Thank you.”