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Illinois House Floor Debate — May 23, 2005

94th General Assembly (2005-2006) · Legislative day 55
Chamber
House
General Assembly
94th (2005-2006)
Date
May 23, 2005
Legislative day
55
Speaker turns
123
Original
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Pastor Criss

Pastor Criss: “Greetings to everyone and thank you, Representative Schock, for this invitation to come. Shall we pray. This is the day that the Lord has made and indeed, we will rejoice and be glad in it. Father, thank You, for life, health, strength, our communities, our families, and our friends. I ask Your blessings, dear God, to rest upon these who have been charged to represent us. As they acknowledge You in all of their ways, dear God, Your word has already promised You would direct their paths. Let Your spirit be their spirit and Your ways, their ways. That their hearts will be committed, their hands diligent, their feet stable, their eyes and vision clear, their minds determined in prayer. In exchange, dear God, we’ll be careful to give You all glory and praise. Dear God, it belongs to You, in the matchless name of Jesus, everyone said Amen.” Speaker Lyons, J.: “We’ll be led in the Pledge of Allegiance by Representative Michael McAuliffe.” 09400055.doc 1 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005 McAuliffe – et al: “I pledge of allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.” Speaker Lyons, J.: “Roll Call for Attendance. Representative Currie.”

Barbara Flynn Currie (D)

“Thank you, Speaker. Please let the record reflect that Representatives Feigenholtz, Fritchey, Giles, Kelly, McKeon, and Verschoore are excused today.” Speaker Lyons, J.: “Thank you, Representative. Representative Bost.”

Mike Bost (R)

“Yes, Mr. Speaker, thank you. Let the record reflect that Representative Sommer is gone and excused today. We just hope that before we leave here summer is not gone. Have you heard anything about that, by chance?” Speaker Lyons, J.: “Not yet.”

Mike Bost (R)

“All right.” Speaker Lyons, J.: “Thank you, Representative Bost. Mr… Mr. Clerk, take the record. 110 Members present, there is a quorum. Representative Holbrook, for what purpose do you seek recognition?”

Thomas Holbrook (D)

“Purpose of an announcement, Speaker.” Speaker Lyons, J.: “Please proceed, Representative.”

Thomas Holbrook (D)

“Today is the 39th birthday of Michael Smith and in celebration of that, there are two cases of cookies down at the front. Would you please join in and help celebrate. He’s 39 this year.” 09400055.doc 2 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005 Speaker Lyons, J.: “Happy birthday, Mike, and many, many more. Mr. Clerk, Rules Report.”

Mahoney

“Rules Report. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules, to which the following legislative measures and/or Joint Action Motions were referred, action taken on May 23, 2005, reported the same back with the following recommendations: 'approved for floor consideration' Amendment #5 to House Bill 2414, Amendment #1 to House Bill 3760, Amendment #1 to House Bill 3761, and a Motion to Table Amendment #1 to Senate Bill 189. On the Order of Concurrence: a Motion to Concur with Senate Amendment #1 to House Bill 360, and a Motion to Concur with Senate Amendment #1 to House Bill 433, a Motion to concur with Senate Amendment #1 to House Bill 428, and a Motion to Concur with Senate Amendment #1 to House Bill 555, a Motion to Concur with Senate Amendment #3 to House Bill 595, a Motion to Concur with Senate Amendment #1 to House Bill 2462, and a Motion to Concur with Senate Amendment #1 to House Bill 3048.” Speaker Lyons, J.: “Mr. Clerk, read House Resolution 373.”

Bolin

“House Resolution 373, offered by Representative Schock, congratulates the Peoria Richwoods High School Lady Knights on winning the 2005 Class AA girls basketball state championship.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Peoria, Representative Schock.”

Aaron Schock (R)

“Thank you, Mr. Speaker. Ladies and Gentlemen of the House, we have with us today the 2004-2005 Richwoods Lady 09400055.doc 3 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005 Knights. The Richwoods Lady Knights won the Mid-State’s 6 title and three holiday tournaments, including Galesburg, Sterling, and the State Farm Classic. The Lady Knights then went on to win the AA state championship basketball tournament here in the State of Illinois with a 38-0 record. The 38 wins is a new state record for wins in a season. Richwoods High School Lady Knights finished the season ranked second in the Midwest and eighth in the nation by USA Today. Coach John Gross, their head coach, was named State Coach of the Year by the Illinois Basketball Coaches Association. Coach Gross was also named the 2005 National Coach of the Year by Student Sports. With us here in the gallery this afternoon is team manager, Jolene Wells; players: Alex Starks, Biannca Ward, Jacq Richmond, Jewel Sanders, Hanna Reising; and assistant coaches: Ralph Gallo, Todd Hursey, and Tom McGhea. If my colleagues would please join me in welcoming to the chamber the 38-0 Richwoods Lady Knights state championship basketball team.” Speaker Lyons, J.: “Congratulations, coach and team. Nice job. We’re all proud of you. The Chair recognizes the Gentleman from Peoria, Representative David Leitch. For what purpose do you seek recognition?”

David R. Leitch (R)

“Thank you, Mr. Speaker. I, too, would like to add my word of congratulations. This team was an inspiring team and a source of real joy to the community throughout the whole season. Aaron Schock may be president of the school board but I’m fortunate enough to have Richwoods in my 09400055.doc 4 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005 district. So, I want to, again, say how much we appreciated watching the team and the superb work that they did. Thank you.” Speaker Lyons, J.: “Thank you, Representative. Representative Schock moves the adoption of House Resolution 373. All in favor signify by saying ‘aye’; those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And House Resolution 373 is adopted. We’ll be starting on House Bills on Third Reading, on the Calendar on page 5. Mr. Clerk, what’s the status of House Bill 2133?”

Mahoney

“House Bill 2133, a Bill for an Act concerning employment. Third Reading of this House Bill.” Speaker Lyons, J.: “Chair recognizes the Lady from Lake, Representative Karen May.”

Karen May (D)

“Yes, Speaker and Ladies and Gentlemen of the House. The Amendment 1 became the Bill on this important piece of legislation. Amends the Unemployment Insurance Act to expressly permit households to file their state unemployment insurance taxes and the reports that they file to re-file them annually instead of quarterly for the household workers. Household workers are like nannies and housekeepers. And the legislation doesn’t affect any of the types of workers, those are set federally. It just simplifies the process. There is no opposition. I think this is a good government Bill.” Speaker Lyons, J.: “Is there any discussion on House Bill 2133? Seeing none, the question is, ‘Should House Bill 2133 09400055.doc 5 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005 pass?’ The Chair recognizes the Gentleman from Verm… Vermilion, Representative Bill Black.”

William B. Black (R)

“Thank you very much, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “She indicates she will.”

William B. Black (R)

“Representative, I have absolutely no quarrel with the idea of the Bill. Let me ask you just a couple of questions. Why does the Department of Employment Security feel that they need to fast track this emergency rule? That normally doesn’t happen.”

Karen May (D)

“Well, I don’t know what you would call ‘fast track’. I mean, in April of this year there was a rule. And this codifies it and does some clean up, technical language, for the paperwork filing. Is that what you mean by ‘fast track’?”

William B. Black (R)

“Well, yeah. Normally, an emergency rulemaking would sit out there for about 90 days and then the General Assembly would take a look at it. In this case, hopefully, we’ll be gone in 90 days and we take a look at it in… in the Veto Session. Is there a particular reason, that you’re aware, as to why they want this embodied in statue rather quickly after the emergency rule?”

Karen May (D)

“I really don’t know anything about the timing, Sir.”

William B. Black (R)

“All right. Let… let me ask you one other question. And again, I have no… in fact, I intend to vote for the Bill. If anyone involved in this would rather do the paperwork, as you and I have talked, one time rather than four. But when we… when we used to do unemployment, 09400055.doc 6 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005 workers’ comp, those kind of Bills, we’d go through an agreed Bill process. I… I’m not sure that even exists anymore. But just for the record, did business and labor take a look at this and they… they agreed there’s no real…”

Karen May (D)

“I’m not aware of any agreed Bill process. I was approached by the department because several of my constituents have had problems with filing their paperwork. Ya know, they would even prepay…”

William B. Black (R)

“Okay.”

Karen May (D)

“…and still be deal with fines.”

William B. Black (R)

“Thank you very much, Representative. And I… I do intend to vote for the Bill. Mr. Speaker, can I have an inquiry of the Chair? Inquiry of the Chair, Mr. Speaker.” Speaker Lyons, J.: “Representative Black, state your inquiry.”

William B. Black (R)

“Yeah, it’s a… let me try to… get something clear. When we used to deal with unemployment insurance, workers’ comp, those kind of Bills, we had an agreed Bill process. Now, I think that was pretty well destroyed last year on the employer lock-out Bill. But what… what’s the intent of the Chair on… on UI Bills and WC Bills? Are we gonna… is the agreed Bill proce… the agreed Bill process still in operation or partial operation or is it gone?” Speaker Lyons, J.: “Representative May, have you… have you been informed on… on the status of…”

Karen May (D)

“No one… no one has spoken to me. Representative, though, I do know that there were several questions. So, I assume that the business community is aware of this because the department did tell me that there were some questions about 09400055.doc 7 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005 possibly extending this annual reporting option to other businesses, but the Social Security Act prohibits that. So, I believe with the rulemaking being in place in April that they’re… ya know, that the business community is aware of this. But I certainly wasn’t informed of anything to do with an agreed Bill process. If this would go on an Agreed Bill List it certainly would be okay with me.”

William B. Black (R)

“All right. It’s… staff that informs me that the labor groups and the business groups that we have talked to have no objection. I think the only person who can answer the question on the agreed Bill process would either be the actual Speaker of the House or the Majority Leader, and at some point we’ll ask that question again. Thank you very much for your patience.” Speaker Lyons, J.: “Thank you, Mr. Black. The Chair recognizes the Gentleman from Champaign, Representative Chapin Rose.”

Chapin Rose (R)

“Question of the Sponsor.” Speaker Lyons, J.: “She will yield.”

Chapin Rose (R)

“Representative, last week I asked Representative Nekritz why it was that John Shire went to Duke, believing that John was a constituent of Rep… Representative Nekritz. She, in fact, blamed you and said that John Shire was in fact your constituent. Now, my vote depends on this, Representative. I’m kidding. Ladies and Gentlemen, this is a very good Bill. I had this actually happen to me… a constituent of mine out of Tolono, Illinois. Our taxpayer filing deadlines for unemployment security was out of track with the federal deadline and as a consequence my 09400055.doc 8 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005 constituent had to pay a hefty penalty and fee. I would urge all of us to support this Bill and just bring us into line with what the other filing deadlines are. Thank you, Representative.” Speaker Lyons, J.: “The Chair recognizes the Major… Majority Leader Barbara Flynn Currie.”

Barbara Flynn Currie (D)

“Thank you, Speaker and Members of the House. Just a point of clarification. The agreed Bill process generally reflects concerns that might be of relevance to the business and to the labor community. This issue, the one about how frequently you file for your nannies and your housekeepers, has nothing specifically to do with business or with labor. It’s really just a consumer-friendly approach from the Department of Employment Security. And I just wanted to clear the record, this is not a topic for the agreed Bill process. But it’s an excellent Bill and I hope we will all support it.” Speaker Lyons, J.: “Representative May to close.”

Karen May (D)

“Yes, thank you to all who have spoken in favor of this. It does simplify the process, it makes it much easier. And as we worry about people not paying their unemployment taxes for household workers, this will make it easier and we think more people will file. I ask for an ‘aye’ vote. Thank you.” Speaker Lyons, J.: “The question is, ‘Should House Bill 2133 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who 09400055.doc 9 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005 wish? Have all voted who wish? Representative Brady, would you like to be recorded? Representative Jenisch, wish to be recorded? Representative Dan Reitz. Mr. Clerk, take the record. On this Bill, there are 111 voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 5 of the Calendar… Mr. Clerk, on page 6 of the Calendar is House Bill 2930. Representative Tryon. Read the Bill, Mr. Clerk.”

Mahoney

“House Bill 2930, a Bill for an Act concerning elections. Third Reading of this House Bill.” Speaker Lyons, J.: “Representative Mike Tryon.”

Michael Tryon (R)

“Thank you, Mr. Speaker. House Bill 2930 is a Bill that will provide a municipality whose mayor or village president resigns the opportunity to have an acting mayor that has no veto power. If the mayor wants to have veto power and be a permanent acting mayor then they must resign their council position. And it will end a problem that we’ve had where… where council members serve as acting mayors and vote sometimes as a council member and then sometimes in their mayoral position. So, I would urge an ‘aye’ vote.” Speaker Lyons, J.: “Is there any discussion on House Bill 2930? Seeing none, the question is, ‘Should House Bill 2930 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 111 09400055.doc 10 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005 Members voting ‘yes’, 0 voting ‘no’. This member… this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 6 of the Calendar, Representative Hoffman has House Bill 2222. Read the Bill, Mr. Clerk. 2222, top of page 6 on the Calendar.”

Mahoney

“House Bill 2222, a Bill for an Act concerning transportation. Third Reading of this House Bill.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Madison, Representative Hoffman.”

Jay C. Hoffman (D)

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 2222 has… makes changes to the Downstate Public Transportation Act. What it does is a comprehensive approach to making sure that the downstate transportation is adequately funded. It brings cur… current downstate transit districts up to the statutory 55 percent level. It also makes sure that downstate transit districts that meet certain criteria that are… that are enumerated in House Bill 2222 can be eligible for state funding. In your analysis it should indicate the transit districts that would be eligible. Finally, the Downstate Transportation Act indicates that… and provides funding for the St. Clair County Transit District, the only… the only passenger light rail outside the City of Chicago, and provide needed funding for the St. Clair County Transit District. I ask for a favorable Roll Call.” Speaker Lyons, J.: “Is there any discussion on House Bill 2222? The Chair recognizes the Gentleman from Cook, Representative Terry Parke.” 09400055.doc 11 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005

Terry R. Parke (R)

“Thank you, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “He indicates he will.”

Terry R. Parke (R)

“Representative, this… you’re gonna fund this program with General Revenue Fund money?”

Jay C. Hoffman (D)

“No, it is… it is a transfer out of GRF, however, it will be funded out of the Downstate Transportation Fund as well as the Metro East Transit District Fund.”

Terry R. Parke (R)

“Where does that money come from?”

Jay C. Hoffman (D)

“That… that is a straight GR transfer. But it goes into those funds and then…”

Terry R. Parke (R)

“Well, it’s General Revenue Funds, though, that pay for… Do we… have we taken money out of the Road Fund in the past to fund this?”

Jay C. Hoffman (D)

“No.”

Terry R. Parke (R)

“So, it’s always been General Revenue Fund’s money?”

Jay C. Hoffman (D)

“What happens is money statutorily goes into these funds. And then if it’s not used, it goes back to General Revenue by operation of the statue. So, it’s General Revenue Funds statutorily already goes into these funds and then that money will be used to fund this program.”

Terry R. Parke (R)

“Has the mon… has the Governor swept any of that money?”

Jay C. Hoffman (D)

“No, he has not. Because… there’s no need to because by stat… by statute already if it’s unused it goes back to the GRF, so you don’t sweep it. It does it by operation of statute.”

Terry R. Parke (R)

“Well, you um… are planning on using it, though, right? I mean, if you get this money, you’re gonna use it.” 09400055.doc 12 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005

Jay C. Hoffman (D)

“Yeah, we… we would use it in order… in order to make sure that the… like, the DeKalb Transit District is funded, Macomb, Shawnee, West Central, Monroe, Randolph, and that the other current transit districts are brought up to 55 percent, as well as assuring the St. Clair County Transit District is a… is properly funded. Let me just… and I understand your question. I believe that this would have to be put into the budget. If this is not put into the budget then it wouldn’t be funded. So…”

Terry R. Parke (R)

“Okay. Can you explain this line in our analysis says, ‘potential cost of 10.2 million in General Revenue Funds if all who are eligible to receive the 55 percent actually do receive it.’ What 55 percent is being referred to? What is that?”

Jay C. Hoffman (D)

“That… currently, under current law, if you’re a transit district you are entitled to 55 percent of oper… a downstate trans… in the downstate transit district, you’re entitled to 55 percent of your operations costs. In the past, because of the current law, many of the transit districts have either not been able to get online or they haven’t been up to that stat… statutory 55 percent. So what this does, it unlocks current law and allows them to go up to the 55 percent and go online if they receive federal funds or meet the criteria that is outlined in the… in this Act.”

Terry R. Parke (R)

“Are you saying that the other 45 percent comes from the federal… federal money? Where does it come from?” 09400055.doc 13 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005

Jay C. Hoffman (D)

“The other 45 percent would come from federal money and local money.”

Terry R. Parke (R)

“And do your… these transit districts have enough money? How do they get their money? Do they have some kind of a taxing authority?”

Jay C. Hoffman (D)

“There’s a… there’s a local tax that is provided, as well as federal funds.”

Terry R. Parke (R)

“And this is subject to the appropriation process?”

Jay C. Hoffman (D)

“Yeah, if the money is not put into the… if the money is not put into the budget then they don’t get funded.”

Terry R. Parke (R)

“Thank you, Representative.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Vermilion, Representative Bill Black.”

William B. Black (R)

“Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. I rise in support of Representative Hoffman’s Bill. I appreciate the time that we had… I faxed the Bill and our analysis to the Danville Mass Transit Director and because of the way the Bill is crafted with an increase in the percentage formula, the Downstate Mass Transit district in my hometown has no objection to the Bill whatsoever. I appreciate the time in order to get that done. I urge an ‘aye’ vote.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from DeKalb, Representative Bob Pritchard.”

Robert W. Pritchard (R)

“Yes, will the Chair… the speaker yield?” Speaker Lyons, J.: “He indicates he will.” 09400055.doc 14 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005

Robert W. Pritchard (R)

“Representative Hoffman, you mentioned DeKalb in your comments. How is this going to impact that particular downstate fund?”

Jay C. Hoffman (D)

“What would happen is the… DeKalb would receive $1.4 million if it is put into the budget and their… their transit system would be able to… to get up and running. We’ll receive $1.4 million of state dollars, thereby allowing it to receive 55 percent of its operations cost.”

Robert W. Pritchard (R)

“I appreciate that because since the last census we were carved out of the federal funding we had been receiving, were forced to create a metropolitan planning organization, and have since received no funding for it. So, I appreciate this Bill and the opportunity to participate in some mass transit and alternate transportation.” Speaker Lyons, J.: “Representative Hoffman to close.”

Jay C. Hoffman (D)

“I would ask for a favorable Roll Call.” Speaker Lyons, J.: “The question is, ‘Should House Bill 2222 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 101 Members voting ‘yes’, 9 Members voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 5 of the Calendar is House Bill 2062. Representative Brosnahan. Read the Bill, Mr. Clerk.” 09400055.doc 15 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005

Mahoney

“House Bill 2062, a Bill for an Act concerning criminal law. Third Reading of this House Bill.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Cook, Representative Jim Brosnahan.”

James D. Brosnahan (D)

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 2062 we talked about at length last week when we adopted the Amendment. This is an issue that I worked on with the Attorney General’s Office. It does a number of things. The first part of the Bill amends the Nursing Home Care Act and then there’s another provision of the Bill that amends the Code of Corrections. This legislation is trying to deal with the problem that the State of Illinois has had over the years dealing with felons and including, but not limited to, registered sex offenders in nursing homes. What this Bill would do, it would require the Illinois Department of Public Heath to promulgate rules within 30 days of the pass of this legislation to ensure that nursing home facilities make sure that they provide for adequate assessment identification in care of these felons and sex offenders. It also… would prohibit any nursing home facility from taking a felon or registered sex offender if they don’t comply with the rules. Another aspect of this Bill is that it requires nursing homes to notify the residents or their families if a felon or registered sex offender becomes a resident of that nursing home. It also would require the Department of Corrections to notify the licensing agency, Department of Public Health, or Department of Human 09400055.doc 16 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005 Services the critical background information of the violent felon or the sex offender. I… I had a conversation with Representative Daniels earlier today, I know he had some questions last week on this legislation. And he asked me a question, if this legislation applied to CILAs, and the answer is, it does apply to CILAs and other assisted living homes as far as the notification requirements that the Department of Corrections will have to do. As far as the first part of the Bill, we’re… we’re requiring the Illinois Department of Public Health to promulgate these rules. That only applies to long term care facilities that are licensed under the Illinois Nursing Home Care Act, so that part of the Bill would not apply to CILAs. But it is something that I think is worthwhile that we should pursue to look into that and I do intend to talk to the Senator, if we are successful today, and see if that’s something they would like to do. I’d be happy to answer any questions.” Speaker Lyons, J.: “Is there any discussion on House Bill 2062? The Chair recognizes the Gentleman from Lake, Representative Washington. Representative Washington.”

Eddie Washington (D)

“Thank you, Mr. Speaker. I rise in support of the Bill but I wanted to just share with the Sponsor that you know it’s… for practical purposes, it is sometimes better if you take something, that you put something in its place. And I know he’s talking about notification of sex offenders, but as I look at the political… political issue that’s being formed around it, I think it’s something that 09400055.doc 17 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005 most of us at heart. But at the same time, these sex offenders have families and they are… they have to have somewhere to go. The state cannot discriminate against them for services that they are justly due as human being. But at the same time, I think this Bill is an extension of a bigger picture that we seeing shape up. And I just want to mind those who would sponsor it that they consider when you take something, put something in its place, and that a lot of these people are forced back into our communities and we have an over saturation of these type of people, though I support the legislation. Thank you, Mr. Speaker.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Bond, Representative Ron Stephens.”

Ron Stephens (R)

“Will the Gentleman yield?” Speaker Lyons, J.: “He indicates he will.”

Ron Stephens (R)

“Representative… well, first of all, I couldn’t disagree more with the last speaker. If this is discrimination then I… I say more discrimination is necessary, these are bad guys. I wonder if you know, the national news story this morning talked about in one of the eastern states, I believe it was Connecticut, that sex offenders on Medicaid were actually getting prescriptions for Viagra. And I wonder if you know, I’m not trying to single you out on this issue but I’d like to bring it up in public debate, whether the State of Illinois… maybe our staffs could work together to find out if that’s happening here in Illinois. And I hope you’d agree with me that that’s something we would want to put an end to.” 09400055.doc 18 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005

James D. Brosnahan (D)

“I agree with you and I don’t know the answer to that if that’s happening in the State of Illinois, Representative.”

Ron Stephens (R)

“Thank you.” Speaker Lyons, J.: “Seeing no further discussion, Representative Brosnahan to close.”

James D. Brosnahan (D)

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Again, I think this legislation is very important. This brings about, I… I think, fundamental changes that are going to protect our most vulnerable citizens, those elderly, those geriatric patients that reside in nursing homes. And I would just ask for an ‘aye’ vote. Thank you.” Speaker Lyons, J.: “The question is, ‘Should House Bill 2062 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative McGuire. Mr. Clerk, take the record. On this Bill, there are 110 Members voting ‘yes’, 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 6 of the Calendar Representative Bassi has House Bill 3121. Read the Bill, Mr. Clerk. 3121.”

Mahoney

“House Bill 3121, a Bill for an Act concerning transportation. Third Reading of this House Bill.” Speaker Lyons, J.: “The Chair recognizes the Lady from Cook, Representative Suzie Bassi.” 09400055.doc 19 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005

Suzanne Bassi (R)

“Thank you, Mr. Speaker. This… House Bill 3121 is a Bill which declares and determines that a streamlined consolidated regional planning agency is necessary in order to plan for the most effective public and private investments in the northeastern Illinois region and to better integrate plans for land use and transportation. It is through the intent of this legislation of the… that the General Assembly wants to consolidate through an orderly transition the functions of the Northeastern Illinois Planning Commission, otherwise known as NIPC, and the Chicago Area Transportation study, known as CATS, in order to address the development of transportation challenges of the northeastern Illinois region. The Act creates the Regional Planning Board, which will henceforth be known as the RPB, as a municipal corporation with 15 voting Members and will require the concurrence of 4/5 of the board Members. It allows for a transition period. The board will be coming back to the General Assembly as of September of ‘06 with their plan and their strategy. And there is a 36-month full tran… transition period. At the end of that time the RPB will be taken care of land use planning and transportation planning together. And I would ask for your support.” Speaker Lyons, J.: “Is there any discussion on House Bill 3121? Seeing none, the question is, ‘Should House Bill 31… The Chair recognizes the Gentleman from Vermilion, Representative Black.” 09400055.doc 20 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005

William B. Black (R)

“Thank you very much, Mr. Speaker. I apologize for the delay. I thought I had time to walk back and ask Representative Bassi about this but you were about to call the roll. I noticed that in the analysis they hire a director, they can accept moneys from almost any source, and expend moneys. I… I gue… the first question I have is where do they get the money to pay the director, et cetera?” Speaker Lyons, J.: “Representative Bassi.”

Suzanne Bassi (R)

“As of right… as of right now, the money is going to be transitioning from NIPC and CATS. IDOT has agreed to… has a position open, they will use that… the money for that position for the executive director. And NIPC and CATS both will continue to put their funding into what will then become the Regional Planning Board.”

William B. Black (R)

“But there… there is no new taxing authority created by this commission.”

Suzanne Bassi (R)

“No… No, there is not.”

William B. Black (R)

“Okay. The last question that I have then is is there a sunset clause on this? Do they have ‘x’ number of years to exist and then they must be reconstituted or once we start it, is it there for the foreseeable future?”

Suzanne Bassi (R)

“Wha… what will be happening is that by September of ’06, the RPB, the Regional Planning Board, must establish the land use and transportation planning strategy. They come back to the General Assembly with that plan and the 2 boards will become one in a time period not to exceed 36 09400055.doc 21 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005 months. So, in effect, we are doing smaller, smarter government.”

William B. Black (R)

“Representative, thank you very much. Mr. Speaker, to the Bill. I… I commend the Sponsor for being able to work with agencies in this case that… and I mean no disrespect to the agencies, but historically they have not worked very well together. So, I commend the Sponsor for getting these agencies together. And having had my daughter and son-in- law live in northeastern Illinois a few years ago, I can attest to the traffic, the congestion, the building patterns that seem to spring up over night. Obviously, planning is needed and necessary. Again, I commend the Sponsor for her work on this. I intend to vote ‘aye’.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Lake, Representative Sid Mathias.”

Sidney H. Mathias (R)

“Thank you, Mr. Speaker. First, I wanna congratulate Representative Bassi. This started out as a very, very contentious issues… issue between the agencies and I can tell you as a former commissioner on NIPC and also a… as a former vice-chairman of the CATS council mayors, no agencies like to combine, even if there is an efficiency there. So, I… I have to thank Represent… Representative Bassi for listening to the counties, to the people on the committee, to others and allowing the players who are affected the most to get together and work out a reorganization under her tutelage. And she… I know she was there to give them advice and I am sure it wouldn’t have happened without her being there to make sure it was 09400055.doc 22 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005 done under a tight frame… a time frame. This is a good Bill. It will put them under the same roof. It will make them work together for land use and transportation, which has not been previously done. I also wanna congratulate and thank the chairman of the committee, Representative Hamos, for also being a strong advocate for this and also for allowing the parties who are most directly affected to come up with the ideas on how to do this. There is a transition period and I’m sure they will also work very diligently to get the job done. So, I also ask everyone and urge everyone to… for an ‘aye’ vote.” Speaker Lyons, J.: “Seeing no further discussion, Representative Bassi to close.”

Suzanne Bassi (R)

“Thank you, Mr. Chairman. Ladies and Gentlemen of the House, thank you so much for your kind words. This legislation was truly the result of a team effort. There are so many people who were involved in ma… getting this legislation to the point that it could move forward. My great thanks to each and every one of you and I would urge an ‘aye’ vote. Thank you.” Speaker Lyons, J.: “The question is, ‘Should House Bill 3121 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 110 Members voting ‘yes, 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 6 of the Calendar, 09400055.doc 23 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005 Representative Kathy Ryg has House Bill 3767. Read the Bill, Mr. Clerk.”

Mahoney

“House Bill 3767, a Bill for an Act concerning business transactions. Third Reading of this House Bill.” Speaker Lyons, J.: “The Chair recognizes the Lady from Lake, Representative Kathy Ryg.”

Kathleen A. Ryg (D)

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3767 creates the Business Location Efficiency Act. Businesses who qualify for the existing EDGE program can receive an additional 10 percent in tax credits or an extension of EDGE credit if they locate in a site with access to affordable workforce housing or accessible transit options or if the business creates jobs in a labor surplus area. A business can also qualify for the additional tax credit or extension if its selected location is not location efficient but they submit an acceptable plan addressing employee housing and transportation needs. The Department of Commerce and Ecotom… Economic Opportunity may provide technical assistance to employers in developing such a plan. The Bill provides for progress reports as required by the Corporate Accountability for Tax Expenditure Act with data on outcomes. A report on incentives awarded in DCEO findings and recommendations shall also be reviewed by an appropriate House Committee prior to distribution to the General Assembly. The Act sunsets on December 31, 2010, and I ask for your support as a true incentive to businesses to address our priorities of employment 09400055.doc 24 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005 opportunity, affordable workforce housing, and shortened commute times. Thank you.” Speaker Lyons, J.: “Is there any discussion on House Bill 3767? The Chair recognizes the Gentleman from Vermilion, Representative Bill Black.”

William B. Black (R)

“Thank you very much, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “She indicates she will.”

William B. Black (R)

“First of all, Representative, thank you very much for granting some time where many of us in downstate Illinois could ask our economic development professionals to look at this Bill. And as amended, my economic development professional has no problem with the Bill. And I… I appreciate you giving us that opportunity. You didn’t have to do that. It was very kind of you and represents legislative courtesy of the highest order. The second question… the only question I have for you, is the Department of Commerce and Economic Opportunity in favor of the Bill or are they neutral or are they still trying to determine just what their position is?”

Kathleen A. Ryg (D)

“In my most recent conversations with the department they had concerns about their administrative costs. And we’ve talked about looking at some options that we could develop a panel of experts to advise them on affordable housing and transportation plans so that they would not incur those costs alone. And we’ll speak to the Senate Sponsor to consider that option.” 09400055.doc 25 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005

William B. Black (R)

“All right. The only question I had when you first brought this up… and let me just ask it again. And I think many people sho… should focus on this issue. Is there a possibility that by… by counting… by including factors that historically have not been included in the… in the incentive package that the state might prepare, would… is it a fair statement to say that this may give one area of the state an advantage in economic development interests? In other words, trying to attract new jobs to an area and another area of the state may be at a disadvantage because of the new factors that you’re considering?”

Kathleen A. Ryg (D)

“That concern was actually addressed by the Amendment. The original Bill would have given a business priority over other businesses.”

William B. Black (R)

“Okay.”

Kathleen A. Ryg (D)

“But the Amendment now states that the EDGE grants are awarded and then consideration is given to an additional tax creditor, extension of their credit. So, it’s truly an incentive.”

William B. Black (R)

“All right. Yeah. Well, Representative, again, I thank you for your legislative courtesy. When this first came up I thought it was a Bill that would divide us even more than we are on regionalism and I know giving the CEO of Vermilion Advantage in my district an opportunity to look at this and talk about it solved most of the fears that I had. And I appreciate you doing that very much. Thank you.”

Kathleen A. Ryg (D)

“Thank you.” 09400055.doc 26 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005 Speaker Lyons, J.: “Representative Ryg to close.”

Kathleen A. Ryg (D)

“Thank you. I ask for your support.” Speaker Lyons, J.: “The question is, ‘Should House Bill 3767 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 102 Members voting ‘yes’, 8 Members voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 6 of the Calendar, Representative Mike Tryon has House Bill 3602. Read the Bill, Mr. Clerk.”

Mahoney

“House Bill 3602, a Bill for an Act concerning revenue. Third Reading of this House Bill.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from McHenry, Representative Mike Tryon.”

Michael Tryon (R)

“Thank you, Mr. Speaker. House Bill 3602 is a… is a House Bill that fixes a very complex problem in a county that has a tax cap. And I can only say that this Bill is the result of a lot of work by the staff that both Leader Cross has put on this and Speaker Madigan. Truly, it’s gonna be, if this passes, a bipartisan effort to… to fix a problem that was unanticipated in the tax cap. When a… when a taxing body runs a referendum in a county with a tax cap, they have two options to run a referendum. One of the options is to run a referendum based upon the amount of dollars that they need and ask for a 1-year exemption from the tax cap. Another mechanism that allows them to run a 09400055.doc 27 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005 referendum is to run a referendum on just a rate, for instance, maybe a rate in the educational fund. And the law also allows them 4 years to factor that rate in. During that 4-year period, a taxing body, if they so choose, can apply maybe only a small fraction of a percent to the rate that was approved by the voters and transfer the rest of the rate the voters approved to the other funds in their family of funds. And in the fourth year then enact an increase in the rate in the fund and thereby circumvent the tax cap and in many cases triple the amount of money that they told the voters they were going to tax prior to the referendum. This happened in a school district in my county. It created friction, as you can imagine, between the school district and the voters. And as a result of this, we found out that out of 27 successful school referendums in the Chicago Metropolitan Area that 25 of them had done just this. This Bill will fix that loophole and essentially provide that if a referendum in fund for a rate increase is asked for and approved, that the rate increase will be locked on the aggregate rate and no taxing body could every get any additional funds other than what they told the voters they needed. This is simply a truth in taxation Bill, says if you ask for a 50 cent rate increase, you take 50 cents; if you need more, you tell me you need more. So this Bill will, I think, close this loophole, do a very good job in allowing voter trust in the referendum. We’re having a difficult time in the suburban communities of… of having referendums pass. This 09400055.doc 28 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005 is one of the… one of the things, I think, that… fixes we can make to make it an honest vote and a truth in taxation issue that voters will be more likely than they have in the past of perhaps to approve a referendum. With that, I urge and ‘aye’ vote.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from McHenry, Representative Jack Franks.”

Jack D. Franks (D)

“Thank you, Mr. Speaker. I rise in support of my friend’s Bill here. I want to congratulate Representative Tryon for tackling this very important issue. I think right after you won the election you came and we talked about this Bill. And this is one of the most important Bills for those of us that are in fast-growing areas that are having a lot of referendums because people, I think, have lost faith in the referendum process. Where most of them, ya know, had lost, this I think puts truth in taxation and I think people have a better idea of what they’re voting for. And we have a complementary Bill saying exactly what the money will be used for and how much it would cost a home with an average value of a hundred thousand dollars. So, taken together, we’re going to empower the voters to know exactly what they’re voting for and know exactly how much the rate’s gonna be increased, instead of getting these after-referendum surprises. This will go a long way in alleviating a lot of the problems we’ve had with our referendums. And the Sponsor ought a be commended for it and I ask everyone to vote ‘aye’.” Speaker Lyons, J.: “Representative Tryon to close.” 09400055.doc 29 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005

Michael Tryon (R)

“Thank you, Mr. Speaker. Again, I would like to thank Frank Straus from Leader Cross’ staff and Sean Vinck from the Speaker’s staff. This truly, for being a freshmen Member, opened my eyes to how a big problem in one area can really be a problem in every area. And when that occurred, both parties came together and worked hard to have a good solution. And I look at this as a good bipartisan effort and certainly each of the caucuses should thank both Sean Vinck and Frank Straus. I urge you to vote for this. I think it’s an important piece of legislation to clear up, a… a mistrust in some areas and also in other areas, a way to assure voters that they only get taxed for what they were told they would be taxed for in the referendum. With that, I urge an ‘aye’ vote.” Speaker Lyons, J.: “The question is, ‘Should House Bill 3602 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Scully. Representative Flowers. Mr. Clerk, take the record. On this Bill, there are 110 Members voting ‘yes’, 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 6 of the Calendar, Representative Currie has House Bill 4053. Read the Bill, Mr. Clerk.”

Mahoney

“House Bill 4053, a Bill for an Act concerning State Government. Third Reading of this House Bill.” Speaker Lyons, J.: “The Chair recognizes Majority Leader Barbara Flynn Currie.” 09400055.doc 30 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005

Barbara Flynn Currie (D)

“Thank you, Speaker and Members of the House. This measure proposes to create a new entity, a not-for-profit corporation as eight or nine other states have done, to try to promote Illinois in the global economy and encourage investment from our global partners in activities in the State of Illinois. We worked closely with Members of the committee and with Members of… on both sides of the aisle to try to make sure that this Bill is in good shape. I believe it has the support of the Governor’s Office as well as support among Legislators. I… we think this is a way to encourage exports from our farm and manufacturing communities and, as I say, to encourage foreign investment in Illinois. I’d be happy to answer your questions and I’d appreciate your support for passage of House Bill 4053.” Speaker Lyons, J.: “Is there any discussion on House Bill 4053? Seeing none, the question is, ‘Should House Bill 4053 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 110 Members voting ‘yes’, 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes the Gentleman from Macon, Mr… Representative Bill Mitchell. For what purpose do you seek recognition, Representative?”

Jerry L. Mitchell (R)

“Thank you, Mr. Speaker. I would like the Journal to reflect on House Bill 3767 that I would’ve… my switch was 09400055.doc 31 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005 not voting properly and I would’ve preferred to have been voted ‘yes’ on that Bill.” Speaker Lyons, J.: “The record… the Journal will so reflect. Mr. Clerk, on page 4 of the Calendar is House Bill 3760. Read the Bill, Mr. Clerk.”

Mahoney

“House Bill 3760 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Currie, has been approved for consideration.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Montgomery, Representative Gary Hannig.”

Gary Hannig (D)

“Yes, thank you, Mr. Speaker and Members of the House. This is a suggestion that came from the Republican side of the aisle to reorder these priorities within this Bill to reflect the same priorities that exist in the school construction program. So, I’d be happy to answer any questions and I’d move for the adoption of the Amendment.” Speaker Lyons, J.: “Is there any discussion on Floor Amendment #1 to House Bill 3760? The Chair recognizes the Gentleman from Vermilion, Representative Bill Black.”

William B. Black (R)

“Thank you very much… excuse me. Thank you very much, Mr. Speaker. Will the Sponsor yield?” Speaker Lyons, J.: “He indicates he will.”

William B. Black (R)

“Representative, in this Bill is there a percentile or a percentage of the dollars that would go to various sections of the state? That’s not uncommon. For example, the school construction grant has percentiles of where the construction dollars go.” 09400055.doc 32 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005

Gary Hannig (D)

“There’s an ear mark in the Bill, Representative. But this Amendment doesn’t… does not deal with that. It doesn’t change that. So, the… so the underlying Bill, like the school construction formula, talks about 20 percent for Chicago, but this Amendment I don’t believe changes that.”

William B. Black (R)

“Well, it seems to me, Representative, that what you’re doing is to set a floor for dollars that could go to the City of Chicago. And I don’t… I don’t like Bills that set a floor, but no ceiling.”

Gary Hannig (D)

“Well, I think if you look at the history of the school construction program, which is something that we’re trying to mirror in this proposal, you’ll see that the floor becomes the ceiling, that they get their 20 percent and all the rest of the money is come downstate.”

William B. Black (R)

“But in a school construction grant the percentages are ceilings. They can not exceed the cert… a percentage unless the General Assembly were to change that.”

Gary Hannig (D)

“I think that that’s what the Bill does. And again, we’re looking at the Amendment, I’d have to look at the actual language of the Bill. But that’s… we’re trying to mirror the same kind of program, Representative Black, where 20 percent would go to the City of Chicago and the 80 percent that remains would be divided amongst the rest of the state based on a priority system.”

William B. Black (R)

“Representative, that is a specific point of contention with our staff. They believe, and I tend to agree with them, that what this Bill does, and it’s very carefully and very… very well drafted, that it creates a floor for the 09400055.doc 33 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005 City of Chicago, but no ceiling. And I… I, as a downstater… and again, I’m not trying to bash Chicago. But I don’t like to… I don’t want to vote for a Bill that says 20 cents of every dollar goes to Chicago, but it might be 50 cents, it might be 60 cents, it might be 70 cents. That to me is a glaring… and I… I’m hoping it’s an inadvertent error in the way this Amendment and Bill is drafted. I would ask you to take this Bill out of the record or take this Amendment out of the record, let our staff meet with yours, and let’s see if we can’t come to some reasonable accommodation on how we view…

Gary Hannig (D)

“Representative…”

William B. Black (R)

“…where this Bill is headed.”

Gary Hannig (D)

“Representative, I’m advised by my staff that this is exactly the same language that we have in the… in the school construction program. And we’ve had that program up and running since Governor Edgar. And it’s run very well, I think. And in fact, we’re working hard to try and find funding for the school construction program. So, we’re trying to take a program that, I think all of us agree, works very well and use it… and use the same language and priorities for this proposal as well.”

William B. Black (R)

“Representative, we… we just have a fundamental disagreement on that point. And I believe that if you look at this very carefully, what you’re doing is to establish a floor. Chicago will get no less than but there’s nothing that says how much they may get. That’s not the way it is in the school construction program. It’s clearly 09400055.doc 34 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005 delineated what area of the state gets what percentage of the money. Now, I’m not gonna pursue this, you adopt the Amendment. But unless our staff and yours can get together, I fully intend, and I hope I’m joined by most of the Members on my side of the aisle and many downstate Democrats and central Illinois Democrats, that this Bill is not well drafted and it does not serve the interests of the entire state. Thank you very much, Mr. Speaker.” Speaker Lyons, J.: “Is there any further discussion on Floor Amendment #1? Seeing none, the question is, ‘Should Floor Amendment 1 be adopted to House Bill 3760?’ All those in favor signify by saying ‘yes’; all those opposed say ‘no’. Opinion of the Chair, the ‘ayes’ have it. And Floor Amendment #1 to House Bill 3760 is adopted. Anything further, Mr. Clerk?”

Mahoney

“No further Amendments. All notes have been filed.” Speaker Lyons, J.: “Third Reading. Read the Bill, Mr. Clerk.”

Mahoney

“House Bill 3760, a Bill for an Act concerning taxes… parks and recreation. Third Reading of this House Bill.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Montgomery, Representative Gary Hannig.”

Gary Hannig (D)

“Yes, thank you, Mr. Speaker and Members of the House. This is a proposal to deal with the parks and recreational construction program in the same way we deal with school construction program here in the State of Illinois. There’s over 200 parks and districts around the State of 09400055.doc 35 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005 Illinois who have registered in support of this proposal. As someone who works on the budget, I can tell you that probably libraries and park districts are the kind of projects that typically come to us. And people are asking, ‘Well, is there a way that we can work this into the budget?’ And if we do, they’re called ‘pork barrel projects’. And so this is an effort to say, look maybe we should move away from that willy-nilly effort to just put things into the budget without some consideration. This is an effort to say that by appropriation we should earmark a certain amount of capital that we choose as an appropriate amount and give it, in this case, to the Department of Natural Resources, tell them to use a grant formula that exists and has been very effective in the school construction program, and then tell them to make grants based on those factors of merit so that we can address the problems of the park districts around the State of Illinois. So, that’s what we’re trying to do, Ladies and Gentlemen of the House. This is no different language than we have in the school construction program. It’s something to try to deal with though, a problem that exists and to deal with it in a way that we all believe is fair. And it’s already a tried and proven method of allocating money. So, I’d ask for your favorable vote and be happy to answer any questions.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Cook, Representative Lou Lang.” 09400055.doc 36 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005

Lou Lang (D)

“Thank you, Mr. Speaker. I simply rise in support of the Gentleman’s Bill. The park districts of Illinois need this. Park districts in my area have all called me to tell me how important this would be to them. And I would urge your ‘aye’ votes.” Speaker Lyons, J.: “The Chair recognizes the Gentleman from Vermilion, Representative Bill Black.”

William B. Black (R)

“Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. If you’ll look at the Bill, let me point out something that is… is crazy right off the bat. This thing was popped out of Rules this morning. Our staff is still analyzing this Bill. Where I congratulated Representative Ryg earlier for legislative courtesy, I have… I’m not about to extend that on this Bill. This is not legislative courtesy, it’s a rush to judgment. If you’ll look on page 5 of the Bill, line 22, dealing with library grants. In each fiscal year in which public library construction grants are awarded, 20 percent of the total amount awarded statewide shall be awarded to the Chicago Public Library System. Now if you’ll look on line 16, grant amounts… excuse me, line 26, in each fiscal year in which park or recreational unit construction grants are awarded, 20 percent of the total amount awarded statewide shall be awarded to the Chicago Park District. Well, there’s 40 percent in two grant items. And if you’ll take a look at this, those of you that have forest preserve districts, you don’t qualify. In my district we have one of the finest county conservation districts in the State of 09400055.doc 37 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005 Illinois, there are five of those. They don’t qualify. So if you’re in a forest preserve district, you get nothing. If you’re in a county conservation district, you get nothing. But on the two grant items alone, Chicago could conceivably and most likely will in the experience that I’ve had here in 20 years, they get 40 percent. And you… I ask you to show me in this Bill, where does it say that is the ceiling? There is no place where it says they can’t get 30, 40, or 50 in any grant cycle. The 20 percent for the libraries and the 20 percent fo… for the park district, Chicago Park District, is a floor. If anybody can show me in the Bill where it says there is a ceiling, I’ll apologize and sit down. But I don’t think there’s any place in here that says Chicago can’t get more than the 20 percent. And why forest preserve districts are not included and conservation districts are not included is a mystery to me. Ladies and Gentlemen, this item is not particularly… and in fact, I don’t think it’s at all a Democrat/Republican issue. I think you’re looking at capital dollars, although I have no idea where the funding comes from, to take care of this. You’re looking at an item where capital dollars will flow, more likely than not, to the City of Chicago or the County of Cook. What about the other 101 counties in the State of Illinois? What about forest preserve districts? What about county conservation districts? There are things that we need to do to keep inherent fairness in the process. And one of the things that I’ve said for years is not fair, when 09400055.doc 38 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005 something like this is put together very quickly on a Monday morning, run through Rules before noon on Monday, and brought to the floor before 3:15 on a Monday when our staff hasn’t even had the opportunity to fully analyze this Bill. That’s wrong. And every time I’ve seen this happen, if you’re on the borderline and you don’t know whether to vote ‘yes’ or ‘no’… every time I’ve seen one of these votes and you vote ‘yes’, it comes back to haunt you. I urge a ‘no’ vote.” Speaker Lyons, J.: “The Chair recognizes Representative Hannig.”

Gary Hannig (D)

“Mr. Speaker, could I take this out of the record?” Speaker Lyons, J.: “On the request of the Sponsor, we’ll take this Bill out of the record. The Chair recognizes Leader Barbara Flynn Currie for a Motion.”

Barbara Flynn Currie (D)

“Thank you, Speaker. I move to suspend the posting requirements so that House Bill 4080 can be heard in Environmental Health, Senate Bill 26 in Human Services, Senate Bill 973 in Human Services, Senate Bill 1124 in Transportation, Senate Bill 1446 in Judiciary I, Senate Bill 1912 in Electrical Utility Oversight, Senate Bill 1965 and Senate Bill 2353 in the Revenue Committee. I believe this Motion’s been cleared with the other side of the aisle. I’d appreciate your support.” Speaker Lyons, J.: “Representative Barbara Flynn Currie moves for the… to suspend posting on the above described Bills. All those in favor signify by saying ‘yes’; those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. 09400055.doc 39 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005 And the posting requirement is waived. Mr. Clerk, Agreed Resolutions.”

Mahoney

Clerk Mahoney: “Agreed Resolutions. House Resolution 470, offered by Representative Mautino. House Resolution 471, offered by Representative Madigan. House Resolution 472, offered by Representative Brady. House Resolution 474, offered by Representative Cross. House Resolution 475, offered by Representative Cross. And House Resolution 477, offered by Representative Beiser.” Speaker Lyons, J.: “Representative Currie moves for the adoption of the previously mentioned Resolutions. All those in favor signify by saying ‘yes’; those opposed ‘no’. In the opinion of the Chair, the ‘ayes’ have it. The Resolutions are adopted. The House is preparing to adjourn until the hour of 1:00 tomorrow, Tuesday, May 24. However, the Democrats will caucus immediately after Session in Room 114. Democrats with caucus immediately after Session in Room 114. There will also be a schedule announced from the floor on committees for tomorrow. So, announcements will be made shortly and a paper which will clarify that will be coming shortly on committee schedules for tomorrow. The Chair recognizes the Gentleman from McLean, Representative Brady.”

Dan Brady (R)

“Thank you, Mr. Speaker. Just a reminder to the Republicans, there is not a caucus scheduled for this afternoon. I repeat… listen to what I am saying. There is not a caucus this afternoon scheduled for the Republicans. No caucus.” 09400055.doc 40 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 55th Legislative Day 5/23/2005 Speaker Lyons, J.: “Allowing perfunctory time for the Clerk, Representative Barbara Flynn Currie moves that the House stand adjourned ‘til the hour of 1:00 tomorrow, Tuesday, May 24. All in favor signify by saying ‘yes’; those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And the Illinois House of Representatives stands adjourned.”

Mahoney

“House Perfunctory Session will come to order. Referred to the House Committee on Rules is House Resolution 473, offered by Representative Stephens, and House Resolution 476, offered by Representative Reitz. There being no further business, the House Perfunctory Session will stand adjourned.” 09400055.doc 41