Illinois House Floor Debate — May 25, 2005

“Thank you, Mr. Speaker. Let the record reflect all Republicans are present today.” Speaker Lyons, J.: "Take the record. 116 Members have answered the quorum call, we do have a quorum. We’re ready to do the business of the State of Illinois in the House of Representatives. Committee Reports, Mr. Clerk.”

"Thank you, Mr. Speaker. Point of personal privilege.” Speaker Lyons, J.: "Please proceed, Representative.”

"I would like the House to welcome my mother and my aunt who are here from St. Marie and also Mr. and Mrs. Daron Bailey who is the mother and father of our Page today, Zack Bailey.” Speaker Lyons, J.: "Welcome to Springfield. Ladies and Gentlemen, we’ll start on page 2 of the Calendar. Mr. Clerk, on House Bills-Second Reading is House Bill 476. Read the Bill, Mr. Clerk.”

“Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. I will not belabor this Amendment while we’re on the Amendment process. However, having graduated from the University of Illinois, living about… less than 30 miles from the campus, I can tell ya, this Amendment does not address the concerns of the University of Illinois or any institution of higher education in this state. If you have any… any knowledge of what goes on at our research universities in this state… for example, a gentleman that I had the privilege of meeting, and he was very, very elderly when I met him, donated $20 million to 09400057.doc 7  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 the University of Illinois. And for that money the Beckman Institute is named after him. And to come up with a Bill that says that Arnold Beckman or anyone like him or the Krannert Family or any of the other major donors to universities would have to have their bequest to the university go through the Ethics Commission so that, in fact, their re… bequest may be used to name a building or research laboratory that their bequest is going to build is just an exercise in absolute government idiocy. At the proper time, I’ll stand in opposition to the Bill as amended.” Speaker Lyons, J.: "Thank you, Representative Black. Any further discussion? The question is, ‘Should Floor Amendment #3 be adopted to House Bill 476?’ All those in favor signify by saying ‘yes’; those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Floor Amendment #3 is adopted. Anything further, Mr. Clerk?”

“Mr. Speaker and Ladies and Gentlemen of the House… and I hope I can have your attention for the time allotted to my remarks. If you want to pass a Bill that says what buildings that are under the direct control and ownership of the State of Illinois, i.e., the government of Illinois, I don’t have a problem with that. This is an administration that was gonna name the official state soft drink 6 or 7 months ago and that evidently fell through. But for any of you, any of you in this chamber who have attended a institution of higher learning in this… in this great state, they all have foundations. And it may take them 15, 20, 25 years to build a relationship with a foundation or an individual who graduated from that institution who wants to make a lasting bequest and gift to that institution. The University of Illinois, Southern Illinois, Northern, Eastern, Western, whatever the university may be. They cultivate that family. They cultivate that individual. And when that individual is making end of life decisions he or she may want to leave the University of Illinois millions of dollars. In case of 09400057.doc 10  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 the Beckman family, about $20 million. The State of Illinois had nothing whatsoever to do with that bequest. He had a specific bequest, he wanted to finance and build a building that would be on the cutting edge of technical education, thus we have the Beckman Institute at the University of Illinois. And I could go on and name other buildings that were built with the donations of families or members of families who have graduated from the University of Illinois. Now, if the university foundation works 20-some years to establish that relationship, set up an ironclad agreement that that individual’s attorney is happy with, that that individual’s family is happy with, and that the University of Illinois and their legal staff, or Northern or Southern or any other institution of higher education, have their legal staff approve it and that bequest is made to the university in the name of its foundation, why in the world would you then throw another step into that process? It gets harder and harder to a… to convince people to donate large sums of money to our institutions of higher education. And without that private money, given our woeful lack of support to the University of Illinois in the last 4 years, what would they do? If you read the article about colleges that now have $1 billion in private endowment, the University of Illinois finally cracked that mark with $1 billion, 200 million, private dollars, in endowment. Harvard leads the way with $22 billion. I can tell ya, Massachusetts isn’t going to put a benefactor to Harvard University through this, why 09400057.doc 11  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 should we? It is not the business of this Body what a… an esteemed alum of the… of an institution of higher education… what they, their tax attorneys, their families, and the attorneys for the University of Illinois or any other institution of higher education may want to do with their money and what gift they may want to give to that institution. If you put this barrier in the road of those people, and they’re not many of them in this world that have the resources to do that, you will simply dry up money to build research labs and new facilities so badly needed on every campus. I don’t have a problem if you leave it at buildings that are built by the State of Illinois, owned by the State of Illinois, government of… for the operations of the government of the State of Illinois. But if you insist on putting institutions of higher education in this Bill you will simply drive away the kinds of bequests that have built a dozen buildings at the University of Illinois, my alma mater, in the last 15 years. I don’t know why this Bill includes ‘em. There’s no reason to do that and until they take out universities, vote ‘no’.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Terry Parke.”

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

“Representative, is there any way that you will amend this Bill based on Representative Black’s concern to…”

“Well, you said you wanted to open up to the sunset… sun so that everybody knows what’s going on. Is there any abuse that you can point out to that we will be solving with this?”

“Thank you.”

“Thank you. To the Bill. Ladies and Gentlemen, I rise… I regret to rise in opposition to the Lady’s Bill. What is… what is going on here is that in the name of reform, in the name of ethics, we now are going to pick and choose all kinds of legislation because it sounds good. There is no… no evil that we’ll solve… we’re gonna solve with this Bill, it’s potential. Well, these high… institutions of higher education have been around for a long time. And many of you know that recently the University of Illinois basketball team was in the finals. We’re all proud, excited. We brought the team in here. There are times when in the midst of a playoff that the institutions of higher education with these kinds of teams are able to turn to sponsors and, within a couple days, within a week, they can get significant sponsorship, corporate sponsorships. This will require them to go before this commission, which will require them then to turn down these sponsorships ‘cause there won’t be enough time. Today in another committee we were in they were talking about doing some ethics on some other legislation. Ladies and Gentlemen, I think maybe until we have a comprehensive Bill before us, let’s not piecemeal in the name of ‘ethics’ all these things. I think this is the wrong approach. I’m asking you to vote ‘no’ on this, give the Sponsor some direction. If we turn it down, she then will modify it because she’s trying to solve a problem, and I appreciate that. But I think that this is not the direction that we need to go in. I just think that we need to have a comprehensive piece of 09400057.doc 14  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 legislation that can address the Lady’s concern, not piecemeal it Bill after Bill in the name of whatever we want and keep throwing the name of this is an ethics Bill to try and make sure that something doesn’t happen. Until we find our universities doing something wrong in this area I think we ought not to saddle them with this kind of Bill. I ask you to vote ‘no’.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from DeKalb, Representative Bob Pritchard.”

"Mr. Speaker, to the Bill.” Speaker Lyons, J.: "To the Bill.”

"I join… concerns about the intent of this Bill. I compliment the Sponsor for trying to address a state issue with state building naming rights and some of the ethic problems that we have. But as she admitted, there has been no problem with the university funding. And I think that the issue that we have before us is… over the last 5 to 7 years, state funding of… of state universities has continued to diminish. The only way that universities can survive is to go after private funding and alumni funding. This Bill will throttle that attempt to… to provide the infrastructure and the capital needs of the university. The particular state university in my district has received zero capital dollars over the last 5 years to improve its buildings, to improve the life safety concerns, and add to the growth of the university and the needs of students of today’s university. Only because of private funding have they been able to add anything to… to their campus needs. 09400057.doc 15  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 This Bill is certainly going to thwart that effort and, I think, diminish their… their capacity to meet the needs of students and to meet the needs of… of issues that are before them. I join my colleagues that have already spoken against this Bill in saying that until there is a problem we shouldn’t be trying to address an issue that I feel will detrimentally impact the ability of the university to fund. I think we ought to try not to have massive statewide legislation that will address… that could better address an issue that is more specific to the needs that the Sponsor has identified. Therefore, I would encourage you to vote against this Bill. And I do ask, Mr. Speaker, that we have verification on this Roll Call.” Speaker Lyons, J.: "Verification has been requested and will be… will be honored. The Gentleman from McDonough, Representative Rich Myers.”

“Thank you, Mr. Speaker. I also rise to oppose this Bill for many of the same reasons that the previous speakers have mentioned. I do first want to applaud Majority Leader Currie on working to bring sunshine to the State of Illinois and how we name buildings, especially the state buildings. But universities are very unique, they’re mu… very much different than many of the other state buildings that we have. As has been mentioned previously, we’ve reduced the funding over the past 3, 4, 5 years to the state universities. In addition to reducing the funding of state support, we have also tied their hands by requiring them now to guarantee tuition for 4 years. We 09400057.doc 16  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 constantly watch the level of tuition that they charge to students and they are no… they know that, and so they’re… they’re limited in… in the revenue that they can generate that way. Further, they can’t receive property tax like community colleges or elementary and secondary education institutions can. So with the limited amount of resources that they’ve had over the past few years, they continually turn to other sources of revenue and various other individuals and corporate sponsors. Now, there are exemptions in the Bill for individual sponsors but there are no exemptions for corporate sponsors. And I can tell you, on the campus of Western Illinois University, because the state has limited the resources that have gone to that institution, they’ve turned to some corporate sponsors to enhance their classrooms, to enhance the opportunities that students have to receive a good quality education. I think that passage of this Bill is going to put a very, very strong chill in any contributor that is looking at providing resources to any of the state institutions. I would encourage my colleagues to think twice before they… they support this Bill. I would urge you to vote ‘no’ on this Bill now, come back a little later once the universities can be excluded from this Bill or exempted from this Bill. There have been no abuses at the universities, there is not likely to be abuses at the universities because they are in the public eye and they are very good stewards of what they’re doing with the 09400057.doc 17  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 resources they have available. Again, I rise in opposition to this Bill and I urge my colleagues also to vote ‘no’.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Champaign, Representative Chapin Rose.”

“Thank you. Will the… the Lady yield?” Speaker Lyons, J.: "She indicates she will."

“Good afternoon. The… is it… am I correct in saying that there are competitive bidding requirements in here for corporate sponsors?”

“Is there anywhere else in State Government that…”

“…we require donors to be competitively bid?”

“Is… Mr. Speaker, could we get some order here?” Speaker Lyons, J.: "Ladies and Gentlemen, we are having a serious debate on a big question. We’d ask for Members for to please, if we could get… tone it down just a little bit so we can hear debate on the floor. Shh… Thank you.”

“Thank you very much. My question is, is there anywhere else in State Government that we require donors, out of their generosity, to be competitively bid?”

“That’s a commercial entity.”

“Well…”

“Well…”

“Well, what about an endowed professorship? There’s not a value to be in the… the Enron Chair of Ethics at a college of law.”

“And I guess… to the Bill, Mr. Speaker. Herein lies my point, we’re gonna placing all of our competitive… all of our public universities at a competitive disadvantage. The private universities will be able to fund raise as much as they want. The University of Illinois, it took them over 10 years to make it into the billion dollar club, the billion dollar fundraising club, of which Harvard and a number of privates and then the University of Michigan and some of the higher tier public institutions made it easily. The bottom like, Ladies and Gentlemen, and I really wish 09400057.doc 19  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 people would listen to this and pay attention, this is about affordable, quality, public higher education. How do you tell somebody that a scholarship’s no longer gonna be offered because it had to go the Ethics Commission. Hey, do wait… don’t… hey, don’t worry about it, kid. Maybe by the time you graduate this little scholarship that you applied for will make its way through the Ethics Commission. How do you tell the professor who’s getting ready to leave for the University of Michigan or, say, Northwestern, that we can’t keep them here because that professor’s endowed chairmanship… chairpersonship is in… waiting approval of the Ethics Committee. Well, that’s no answer ‘cause Emory, Berkley, Michigan, Wisconsin, Indiana, Harvard, Yale, they’ll be saying, ‘Hey, U of I professor, hey, Eastern professor, hey, Western, Northern, Southern, why don’t you come to our school? We’ve got your endowed chair right here.’ There’s no waiting. There’s no Ethics Commission in Georgia. I don’t at all for a minute, for a minute, doubt that this necessary for the normal run of the mill in State of Illinois business. The public universities are different. They’re different. Why on earth would we make kids wait for a scholarship ‘cause it’s in the Ethics Commission? Why on earth would we lose a quality faculty to a competing institution, whether it’s an instate private institution or an out-of-state public institution, because we’re waiting for the Ethics Commission to get back to us on their endowed chairmanship? It’s hard enough as it is. We have asked all of our public 09400057.doc 20  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 universities to do more with less, and they’ve done that. And now we’re gonna tie their hands behind their back in terms of finding alternate sources of financing. Ladies and Gentlemen, please, don’t do this for the public universities, do this for the students who want those scholarships. Vote ‘no’.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from McLean, Representative Dan Brady.”

“Thank you, Mr. Speaker. To the Bill.” Speaker Lyons, J.: "To the Bill.”

“Ladies and Gentlemen, this legislation is… is just another example of good intentions with unintended consequences. And those unintended consequences are going to be for those state universities that you and I represent, whether they sit actually in your district or not. As part of the Appropriations Committee for the universities here in the House, we’ve had a number of universities that have been on their own due to the fact of lack of capital dollars. In my own district, Illinois State University concluded a successful capital campaign drive over $88 million. This legislation now has the potential to tell that university what they can or can’t do with those dollars as far as naming rights may go. In this time when we are asking universities to shore up themselves, to create fund and revenues for themselves, we’re now turning around and, as many of my colleagues have said, have tied their hands. This particular piece of legislation, although maybe not intended, has the potential 09400057.doc 21  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 to do exactly that, to tie their hands when they’re raising private dollars for public use to make our universities better. I ask that you support myself and a number of colleagues that have spoken and vote ‘no’ on this particular piece of legislation. Thank you.” Speaker Lyons, J.: "Thank you, Representative. The Chair recognizes the Gentleman from Cook, Representative Lou Lang. Representative Lang.”

"If they could please sit down so we can better see.” Speaker Lyons, J.: "Members, please be in your de… at your desks in your seats. Staff, again, please retire to the rear of the chamber.”

"Is Representative Nekritz here, please, Mr. Speaker? Mr. Speaker.” Speaker Lyons, J.: "One moment, Representative Pritchard. The Chair recognizes Representative Black. Representative Bill Black.”

“Mr. Speaker, an inquiry of the Chair.” Speaker Lyons, J.: "State your inquiry, Representative.”

“Why did you dump the Roll Call?” Speaker Lyons, J.: "Mr. Bla… Mr. Black, when I took the vote I called the usual language of ‘This Bill, having received the Constitutional Majority, is hereby declared passed.’”

“That was open to question, as you know.” Speaker Lyons, J.: "That was the mistake.”

“Yes, it was.” Speaker Lyons, J.: "And so the board cleared. Now, we do have the written Roll Call here, which… which I know it will not suffice for purposes of which you’re rising for. So, in 09400057.doc 28  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 light of my mistake, Representative Black, we will take another Roll Call on the Bill… on House Bill 476.”

“Mr. Speaker.” Speaker Lyons, J.: "And Mr. Pritchard’s…”

“Mr. Speaker.” Speaker Lyons, J.: "Representative Black.”

“Mr. Speaker, I congratulate you. I… I sat in the Chair when we were in the Majority, I know how easy it is to make mistakes. It’s not always easy to say you did. I thank you for doing the right thing. I thank you for letting us vote again. But this just goes to show ya, universities don’t need an Ethics Commission, the way this chamber is run sometimes needs an Ethics Commission.” Speaker Lyons, J.: "Thank you, Representative Black. We’ll repeat the Roll Call on House Bill 476. Excuse me for the call on that Bill. And the question, again, will be, ‘Should House Bill 476 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? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 60 voting ‘yes’, 52 voting ‘no’, 1 Member voting ‘present’. Mr. Pritchard, for purpose of verification.”

"Representative Reis.” Speaker Lyons, J.: "Mr. Pritchard, it’s… it’s your privilege, did you wish to continue with the verification?”

"Please.” 09400057.doc 29  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 Speaker Lyons, J.: "The Clerk will read the Members voting in the affirmative.”

“Thank you, Mr. Speaker.” Speaker Lyons, J.: "Mr. Pritchard.”

"Representative Jefferson.” Speaker Lyons, J.: "Representative Jefferson is in the front of the assembly.”

"Good afternoon. Thank you, Mr. Speaker.” Speaker Lyons, J.: "Mr. Clerk. Representative Reis, for what purpose do you seek recognition?”

"Mr. Speaker, I would like the record to reflect that I was a ‘no’ vote on this. Thank you.” 09400057.doc 30  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 Speaker Lyons, J.: "The record will so reflect. Representative Chapin Rose.”

“Mr. Speaker, does the original Roll Call still exist?” Speaker Lyons, J.: "No, Sir.”

“Okay. Well, the record on the original Roll Call reflected I was a ‘no’ and I was so busy preparing our defense on the verification that I neglected to vote ‘no’ on this one and I would like the record to reflect my intention to vote ‘no’ on this Roll Call. But the original Roll Call did have me as voting ‘no’.” Speaker Lyons, J.: "Representative Rose, the Journal will so reflect your wishes. Mr. Clerk, on this question there are 60 Members voting ‘yes’, 52 Members voting ‘no’, 1 voting ‘present’. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, what’s the status of Senate Bill 1693?”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 2221 is an issue that we are very concerned about. What this says is basically any kind of a modification of muffler exhaust system, you will automatically be rejected as far as vehicle emission 09400057.doc 33  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 inspecting is concerned. The real concern, I think, comes is let’s say, for instance, an individual would wanna install a muffler of his own on that vehicle, perhaps the other one had burned out. I think we’d had a long visit about this in committee yesterday. Could you, for instance, Mr… would… would the Speaker… Sponsor yield for some questions in regard to this?” Speaker Lyons, J.: "He indicates he will."

“Am I right? Is this… is this the Committee Amendment we just put on a few minutes ago? We had an Amendment that was just passed out of committee here about an hour and a half ago, so that really… I guess right now it’s still a shell Bill.”

“Thank you.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Amendment #2 to House Bill 3814 is language that is agreed upon between all of the concerned organizations to aclu… to include county engineers, township officials, other municipalities, and specifically, Speaker Madigan who had some personal concerns about this legislation. Working with Rob Uhe and several others we were able to put together legislation that is very meaningful and understanding. Specifically, what this Bill does is it allows the ex… right now in Illinois law it is legal for someone with a pickup truck to pull two trailers if the vehicles are recreational. What this Amendment does is allows the same to happen if the vehicles are other than recreational. I’d be glad to answer any questions.” Speaker Lyons, J.: "Is there any discussion on Floor Amendment #2 to House Bill 3814? Seeing none, the question is, ‘Should Floor Amendment #2 be adopted to House Bill 3814?’ All those in favor signify by saying ‘yes’; those opposed 09400057.doc 35  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Floor Amendment #2 is adopted. Anything further, Mr. Clerk?”

“Thank you very much, Mr. Speaker. This Amendment removes designated community-based agencies who would be serving on a advisory commission to implement a 211 Bill for the Human Services. I appreciate the opportunity to put this in a form that will pass muster with the Members and with the Rules of the House, formal and informal. I’d would ask for its adoption.” 09400057.doc 36  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 Speaker Lyons, J.: "Any questions from the Members on Floor Amendment #1? Seeing none, the question is, ‘Should Floor Amendment #1 be adopted to Senate Bill 350?’ All those in favor signify by saying ‘yes’; those opposed ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And Floor Amendment #1 is adopted. Anything further Mr. Clerk?”

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

“Representative, could you tell us again in your… what this Amendment will do to hospitals?”

“Okay. Thank you.” Speaker Lyons, J.: "The Chair recognizes the Lady from DuPage, Representative Patti Bellock.” 09400057.doc 38  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005

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

“Representative Hoffman, we spoke about this in committee and we wondered if… you had said you would hold it on Second, depending upon whether there was agreement by the people who had be… who were originally the proponents who now had turned to…”

“Thank you.” Speaker Lyons, J.: "…take this Bill out of the record. Mr. Clerk, on page 11 of the Calendar, Representative Lou Jones has Senate Bill 530. Representative Jones. Read the Bill, Mr. Clerk.”

“Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. Representative Hannig, we thank you for your cooperation. Our staff has had an ample opportunity to… to review the Bill. As a result, they made suggestions for Amendments. Those suggestions were adopted and, again, we thank you for your cooperation.” Speaker Lyons, J.: "Any further discussion on Floor Amendment #2? All those in favor of its adoption signify by saying ‘yes’; those opposed say ‘no’. In the opinion of the Chair is the ‘ayes’ have it. And Floor Amendment #2 is adopted to House Bill 3760. Anything further, Mr. Clerk?”

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

“Representative, does this Bill still contain a provision that will make special consideration for allowing grants to be made to pay for lease payments and debt service as opposed for new projects or construction?”

“That was removed. So, the Bill no longer contains that?”

“So now the Bill would just go for grants that would be made for reconstruction or new projects or repair work?”

“And you anticipate how much money would be… would be put into this?”

“All right. So, this would be… be predicated on us passing a capital Bill this year? Or next year would this still be in effect if we passed… didn’t pass one this year?”

“All right. And do you envision that this would endanger the OSLAD Program at all as far as not money… money going in there through DNR or anything from…?”

“All right. And I wouldn’t be given favoritism over anything like that?” 09400057.doc 44  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005

“It wouldn’t be given any favoritism over money that might go to OSLAD eventually or something like that?”

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

“Thank you very much, Mr. Speaker. Will the Sponsor yield?" Speaker Lyons, J.: "Indicates he will."

“Representative, my interpretation of what I’m… what I’m reading, this does not include state parks and state recreational areas operated by the Department of Natural Resources.”

“Would that be an accurate statement?”

“All right. But this Bill, if I’m reading it correctly, is specifically for park districts, which are… tend to be more local in nature than a state park or a state recreation area, correct?”

“All right. Thank you.” Speaker Lyons, J.: "Seeing no further discussion, Representative Hannig to close.” 09400057.doc 45  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005

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

“Representative Hannig, does this Bill still set aside 20 percent of the money for the City of Chicago?”

“Don’t you think they’re in the a position of getting more philanthropic grants for libraries and parks and things and we’re doing this routinely now?” 09400057.doc 48  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005

“The City of Chicago probably has more libraries per square mile than a lot of communities that have no libraries. So, I mean, what you’re doing is you’re giving them a preference in this, which it appears to me if we’re passing any kind of a capital Bill you certainly should have enough votes on your side of the aisle to pass it all by yourself if the City of Chicago gets 20 percent of everything. It’s kind of a… a pretty nice way of going about it but I don’t think we should agree to that, particularly with libraries. Is there any reason… and does this impact grants that were supposedly cut last year from the Secretary of State’s Office to libraries?”

“In order to qualify for a grant do you have to come up with any money yourself from your community?” 09400057.doc 49  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005

“All right. So, if a library want… if a community wanted to use this money either to replace… put up a new library or fund an addition or some kind of repair project, they would have to match it with a certain amount of money in order to be eligible for the grant?”

“All right. So, is this going to be kind of on a first come, first serve basis if we pass a capital Bill that people who are ready to go and can show that they can provide the matching money might be the first ones up to qualify or how do you envision this actually working?”

“So they would get certain amount of priority or would they be subject to a selection from, who is it, the Capital Development Board again?” 09400057.doc 50  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005

“All right. And currently, does… will they expand the employees or the people that would administer grants at the Capital Development Board if we were to pass a capital Bill either this year or next year in order to facilitate moving forward with the projects that people may have ready to go?”

“So you think they could handle that without any additional employees?”

“And is there anything in this Bill that would allow people to get the grant in order to pay off debt or debt service?”

“All right. So, this is a straightforward Bill except that it gives 20 percent to the City of Chicago off the top… or however, 20 percent set aside from the total amount of money. So if there were $20 million put into the library line item, 20 percent would be reserved for the 09400057.doc 51  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 City of Chicago and everybody else would be first come, first serve, whoever gets their stuff in line, except for the disaster thing?”

“I’m fine with that, thank you.” Speaker Lyons, J.: "Thank you, Representative Mulligan. The Chair recognizes the Gentleman from Cook, Representative Lou Lang.”

"Thank you very much, Mr. Speaker. Will the Sponsor yield?" Speaker Lyons, J.: "He indicates he will."

"Representative, several times during the discussion you’ve referred to the school construction grant. I just want to clarify a couple of issues. In the School Construction Grant Program, school districts, once the 09400057.doc 52  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 index is determined, are free to choose their architect. Is it the intention of this legislation that the same type of rules exist and that the Capital Development Board would allow school districts to choose their architect and construction managing firm the same as they do with the School Construction Program?”

"So, the intention would be that this mirror that process from… from the standpoint of choice locally, since there’s a certain percentage of local funding that goes into it. Based on this index, they would then be free to choose the architectural firm and the construction management firm.”

"Okay. So… so, it cannot be disapproved solely based ont that public library selection of the architect or engineer, which… which would mirror that the intent would be…”

"…to allow them to use that.”

"As far as the grant index that we’re talking about, in the School Construction Program those indexes range up to 75 percent, I believe, of the cost. Is that the same as well?” 09400057.doc 53  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005

"And to get that index is the intention also the same so that, for example, the EAV or other factors related to the wealth of the taxing body be considered when figuring the grant index?”

"Okay. Thank you very much.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative David Miller.”

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

“Representative, you have a floor on your Bill that says that at least 20 percent of the annual award goes to the City of Chicago, is that correct?”

“Do you have a ceiling on that award? In other words, can 100 percent of that grant money go to Chicago?”

“Okay. So, it’s a 20-80 split between Chicago and the remainder of the state?”

“Okay. Thank you. And a question, I thought there was already a program for new construction dollars administered through the Secretary of State’s Office as the chief librarian of the state. Is that program no longer in effect?”

“My… my recollection of that program is it provided grants of $250 thousand for new construction. How would that relate to the grant size of what you’re proposing and, #1 and #2, if a library system was given a grant under 09400057.doc 56  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 this… under your program would it also be eligible for a similar grant under the Secretary of State’s program?”

“I’m sorry, I can’t hear you.”

“Who makes the determination as to the criteria in which this is rated in terms of giving the grant out?”

“So, the Secretary the State would be involved in this grant also, you’re indicating?”

“Can any of this money be used for anything other than actual construction costs?”

“My understanding of the Bill allows the City of Chicago to use it to pay down debt service, however, none of the 09400057.doc 57  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 rest of the state is allowed to do that. Is that now out of the Bill?”

“Okay. Well, thank you very much for your comments on it.” Speaker Lyons, J.: "Seeing no further discussion, Representative Hannig to close.”

“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. If everyone would pay attention, this is a… this Amendment failed earlier in committee. There’s a lot of concern that I think a lot of us have when you look at this because it… I think the real worry that I see is that someone who’s an overzealous tester would simply see that any kind of a modification taken place would be reason that the vehicle would be disqualified as far as vehicle emission testing. So what happens is an individual puts their own muffler on or let’s say, for instance, you may have a muffler that’s still within the standards of a particular community, as they say downstate, a glass pack… I realize that’s something maybe you folks up north don’t 09400057.doc 62  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 quite understand, but that does happen. And the reality is here that you’re gonna have… I think you’re gonna really be opening yourself up for a sticky wicket. It’s not very hard to figure out that when someone walks in… or drives in with a vehicle and they put it up on the rack and it has a new muffler and a new clamps on it and the individual can say, ‘Well, this is a modification of the original system, we’re gonna automatically disqualify.’ I just think this is a step that a lot of folks are very concerned about and I just don’t think this is the intention of this legislation. I think that the intention of the legislation clearly is to deal with loud mufflers but I don’t know why we can’t do that in a different way than this because when you start talking about simple modification I think you’re setting yourself up for some real problems. As a result, I would certainly urge folks to look very seriously at this legislation and I would encourage ‘no’ votes.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Vermilion, Representative Bill Black.”

“Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. I join my colleague from Adams County in urging all co… all Members of the House to look very carefully at this. What’s… what is a definitive definition of altering the muffler system? Many of us who grew up around cars… and I’m not talking about putting patently illegal mufflers on a car. You can put a glass pack, you can put a muffler that would make the jake brake on 80 thousand pound truck sound anemic. But if you really 09400057.doc 63  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 understand cars, there is a way… and there’s only one muffler left made in the United States, and it’s a Flowmaster. And if you really want to increase your horsepower of your car, by a small amount… and there are people who will swear that this muffler system will also increase your… your gas mileage. So, if you take… if you take your car after 2 or 3 years and you take it to the dealer and you say, ‘Look, I want a dual exhaust, Flowmaster system put on my car.’ When I worked at Sam White’s Super Service Texaco there was nothing illegal about a Flowmaster muffler system. I’m not sure that there is now. But as I read this Amendment… and I don’t live in a nonattainment area, so it’s gonna be a while before it has a direct impact on my constituents. But if you read the exact language, my car goes in for an inspection, I have altered the muffler system. I’ve altered the exhaust system. The muffler may meet all current standards, it may be a decibel louder than the original muffler, I don’t know, depends on how they measure it. But the fact is, if you read this very carefully, I have altered the muffler and exhaust system on my car and I may not be able to pass the emission test. You… you can draft this Bill with language much, much tighter than this. So for those of you who live in a nonattainment area and your constituents are going to go in… maybe it’s an older car and their muffler simply fell a part and they take it to Midas or they take it to some franchise and they put the cheapest muffler on there they can find. The muffler isn’t illegal, but it may 09400057.doc 64  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 not have the sound qualities… the sound deadening qualities that the original muffler had. Now, if you read the language, what does the emission control person have to say about that? As Representative Tenhouse said, he looks up there and he says, ‘Oh, you’ve changed this exhaust system and you’ve put on a new muffler and to me it doesn’t sound like original equipment, I think it’s a little bit louder. You fail.’ Well, you deal with those questions from your constituents, I don’t want to. Vote ‘no’.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Winnebago, Representative Jim Sacia.”

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

“Representative Hoffman, I was just reading through your legislation and I was just in the area where it was dealing with different vehicles that it pertains to. How heavy of trucks are involved in this? Are… are pickup trucks part of your legislation?”

“Sure.”

“That… that’s my concern, Representative Hoffman. Many people I know own pickup trucks that are used for pulling trailers, diesel pickups are a good example. The new ones that come out of the factory, there are numerous manufacturers that produce power-enhancing packages to get increased power. Obviously, the muffler is a little louder. It… it’s certainly not a straight pipe, but it is a louder muffler than what comes from the factory. I’m concerned that these vehicles are going to be exempt and I join the… the two previous speakers that are opposed to this legislation noting that this would really have an adverse effect on people that are attempting to get increased horsepower out of… and… and you indicated passenger vehicles and many of your pickup trucks today are crew cab and, therefore, ya know, six-passenger vehicles pulling horse trailers and so forth. I… I’m strongly opposed to anything that would prohibit those vehicles from enhancing the power that they feel they need to pull the equipment that they purchased the vehicle to begin with to do. I… I guess I’m still looking for an answer, 09400057.doc 66  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 Representative Hoffman. This does apply to pickup trucks and heavy pickup trucks, would that be a fair statement?”

“Okay.”

“Thank you. Ladies and Gentlemen of the House, I would certainly encourage a ‘no’ vote on this legislation. There are many reasons why a person would modify an exhaust system on their vehicle. The reasons are very, very extensive and certainly one, I’m… I’m thinking again of pickup trucks. And if we can’t specifically say that they are exempted from the legislation, to me, that tells me there’s a good chance that they are in the legislation. And accordingly, I think innocent individuals are going to be innocently hurt by this. And I would urge a ‘no’ vote. Thank you.” Speaker Lyons, J.: "Representative Hoffman.”

“Hold it on Second for an Amendment.” Speaker Lyons, J.: "The Bill is on Second Amend… Second Reading. Have you read the Clerk… have you read the Amendment, Mr. Clerk? Hol… hold the Bill on Second Reading.”

“…do it in committee.” Speaker Lyons, J.: "Okay. We’ll hold the Bill on Second Reading. Out of the record. Mr. Clerk, on the Supplemental Calendar is Senate Bills-Second Reading. Representative Molaro has Senate Bill 27. Representative Bob Molaro. The Representative must be off the floor. We’ll take that Bill out of the record. Supplemental Calendar… Senate Bill 122. Representative McCarthy.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 2085 provides that if a non-Home Rule municipality voluntarily extends its sewer systems outside the corporate limits of the municipality, it cannot threaten to shut off the service… off the sewer service if 09400057.doc 70  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 the area does not annex into the municipality. And I’d be happy to answer any questions.” Speaker Lyons, J.: "Is there any discussion on Senate Bill 2085? Seeing none, that question is, ‘Should Senate Bill 2085 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 Flider. Representative Cultra. Representative Hannig. Mr. Clerk, take the record. On this Bill, there 90 Mem… 89 Members voting ‘yes’, 24 Members voting ‘no’, 1 vo… Member voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 9 of the Calendar, Representative Saviano has Senate Bill 2087. Read the Bill, Mr. Clerk.”

“Thank you, Mr. Speaker, Members of the House. Senate Bill 2087 was… was brought to myself and my cosponsors by the various mayors of Northlake, Bellwood, Maywood, Stone Park, Melrose Park. They created a commission to address a flood plain problem which they are… have experienced for many, many years along Addison Creek. Last year, if you remember, we passed a Bill to set up a commission which was made up of these communities to address the flooding problems along Addison Creek and come up with a plan to 09400057.doc 71  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 site reservoirs to alleviate the flooding problem and hopefully make those flood plain areas more valuable so they could be developed in a more advantageous economic scenario. I have to commend these towns because normally this would be the duty of the Department of Transportation or the Army Corps of Engineers or FEMA. They are being proactive. They’ve come up with an engineering plan and what this Bill simply allows them to do is to offer a front door referendum to raise the proper funding for bonding to work on these projects. The only people that it would affect are the people who are located in the flood plain area, according to the FEMA map. All of these towns are in agreement on this legislation and, again, it’s a front door referendum. It allows them to go the people. If the people don’t want it, then they will vote down the referendum. And I would ask for an ‘aye’ vote.” Speaker Lyons, J.: "Is there any discussion on Senate Bill 2087? Seeing none, the question is, ‘Should Senate Bill 2087 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… Representative Black. Mr. Clerk, take the record. On this Bill, there are 70 Members voting ‘yes’, 45 Members voting ‘no’, and 0 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Ladies and Gentlemen, returning to Senate Bill-Third Readings, we’ll start back on page 5 and take them through their numerical orders. So, if you have 09400057.doc 72  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 a Senate Bill on page 5 or 6 or 7, please be ready to move your Bill or give us an indication of either moving it or not calling it. On page 5 of the Calendar, Representative Art Turner has Senate Bill 13. Out of the record. On page 6 of the Calendar, Representative Suzi Bassi, you have Senate Bill 26. Read the Bill, Mr. Clerk.”

“Thank you, Mr. Chairman, Ladies and Gentlemen of the House. I bring to you a Bill that has been the result of a year and a half of negotiations with the hospice associations, both volunteer and Medicaid eligible. And it brings to you a strong definition of the two-tiered level of hospice that we have in the State of Illinois, one for full… full hospice organizations and the other one is for volunteer hospice organizations. It sets the standards. It’s a good consumer-friendly Bill that protects them, and it’s consensus language that has been developed by a number of groups that have come through here. It amends the Hospice Licensing Act and I would request an ‘aye’ vote.” Speaker Lyons, J.: "So, the…”

“I know of no… I know of no opposition.” Speaker Lyons, J.: "Is there any discussion on Senate Bill 26? Seeing none, the question is, ‘Should Senate Bill 26 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? 09400057.doc 73  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 Have all voted who wish? Have all voted who wish? Representative Black. Mr. Clerk, take the record. On this Bill, there are 115 Members voting ‘yes’; 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. On page 6 of the Calendar, Representative Marlow Colvin has Senate Bill 49. Out of the record. On page 6 of the Calendar, Representative Winters has Senate Bill 59. Out of the record. On page 6 of the Calendar, Representative Fritchey has Senate… Senate Bill 61. Read the Bill, Mr. Clerk.”

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

“Representative, for my edification, maybe you can explain to me, after the years of service Senator Demuzio spent not only for his district but for the people of Illinois in this chamber, a former chairman of the Illinois Democrat Party and one of the nicest people that you ever would hope to meet in this business, can you tell me why the Department of Revenue opposes this Bill?” 09400057.doc 75  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005

“Is anybody in charge at the Department of Revenue?”

“I can’t believe that the Department of Revenue, under a Democrat administration, would oppose a Bill named after one of the legendary Legislators in this state, a former chairman of the Illinois Democrat Party. If you can figure out this administration, Ladies and Gentlemen, will you please tell me.” Speaker Lyons, J.: "Any further discussion? The question is, ‘Should Senate Bill 133 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there’s 115 Members voting ‘yes’, 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. On page 6 of the Calendar, Representative Don Moffitt has Senate Bill 189. Read the Bill, Mr. Clerk.”

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 189 is a Bill about training for police officers, both retired and active. This Bill establishes 09400057.doc 76  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 training standards for firearm safety for police. This Bill is supported by the following police organization: the Illinois Association of Police Chiefs, the Fraternal Order of Police, the Illinois State Police, and the Illinois Law Enforcement Training Standards Board. This Bill’s about having the safest and most highly trained police, both active and retired in our communities. With this legislation we, as a state, will be making available, through the police mobile team units, the firearms safety training. A local part… department does not have to use the state training but it will simply be one more option available to them. Senate Bill 189 would enable the Law Enforcement and Training Standards Board to qualify retired law enforcement officers annually. Currently, the board only has the authority to train active sworn personnel, so it expands their ability to offer that of training. It allows the mobile team units to allow training and range qualification. This Bill provides services to departments who do not want to train their retired officers. This isn’t about concealed carry, the federal legislation already gives retired officers that authority. This only makes certain that they are trained. It is anticipated that a training session and qualification on the range will take no more than 2 hours to complete. The… the police training board would develop standards for the training, which would include background checks. All officers would be required to have FOID cards. Be happy to entertain any 09400057.doc 77  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 questions and we do have some… one statement of legislative intent that we want to read into the record.” Speaker Lyons, J.: "Chair recognizes the Gentleman from Cook, Representative Froehlich.”

"Thank you, Mr. Speaker. Would the Sponsor yield for a question?” Speaker Lyons, J.: "He indicates he will."

"Representative, retired State Troopers currently go through training with the Illinois State Police. Under your Bill, will they have to undergo additional training?”

“No, they will not. They would just use the training that they have now if that’s what they want to use.”

"Thank you.” Speaker Lyons, J.: "Chair recognizes the Gentleman from Cook, Representative Lou Lang.”

“Are you talking under current law or under this Bill?”

“Okay. Under current law, when an officer begins service to become qualified they take training, but it’s only that one time. Unless they’re local department requires it, they don’t have to take additional training. 09400057.doc 78  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 Under this legislation they would have to qualify annually, both active and retired.”

“Yeah, each year. As long… yes.”

“Yes.”

“Yeah.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Winnebago, Representative Sacia.”

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

“Ladies and Gentlemen of the House, I stand in strong support of the Gentleman’s legislation. As he noted, some agencies do not require ongoing training for police officers. This Bill does do that, it mandates them to be trained at least one time a year. The agency that I retired from required officers or agents to train at least every 30 days. This is a excellent piece of legislation, it applies to both active and retired officers. And it is… it is in the best interest of law enforcement and anyone who might be carrying a firearm. Thank you.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Vermilion, Representative Bill Black.”

“Thank you very much, Mr. Speaker. Will the Sponsor yield?" Speaker Lyons, J.: "Indicates he will." 09400057.doc 79  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005

“Representative, I’ve had several correctional officers come to me and evidently there is an edict from the Department of Corrections that even though Federal Law would allow them to carry a firearm while off duty, they’re not being allowed to do that. I… I defer to your expertise on the Federal Law. Isn’t it a peace officer is able to carry his or her weapon while off duty under the… under the Federal Act?”

“Representative, under the… under the federal legislation, there are certain qualifications that have to be met. And the federal legislation had to do with retired officers. I think you’re… you’re talking about someone currently employed with Corrections…”

“Correct.”

“…if I understood you. So, I think… and if… we’ve got counsel here too. I think the federal just applied… and we have nothing to do with federal.”

“Right.”

“And I hope no one confuses that this is about the fed… I mean, the federal legislation is passed and is the law of the land. I don’t think the federal would… would apply to someone who is actively working.”

“All right.”

“One of the correctional officers.”

“All right. Well, I… I think this is a step in the right direction. It… it certainly makes Illinois not only in compliance with the Federal Act but certainly tightens 09400057.doc 80  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 up the standards. You’ve done excellent work and I intend to vote ‘aye’.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Ed Acevedo.”

“Right. I mean, it’s… individual communities and departments can set their own standards. Many of them… and I checked with some of my local departments and the larger full-time departments have their own standards and those would still be in place. This is simply… and they exceed this by the way. A lot of local departments and I think some you’re familiar with, have qualifications or at least shooting on the range more than once a year. We’re setting a very basic minimum standard and those that have their own range and their own program and their own standards would still be in place and they would not have to… to shoot on the state range or the… the mobile team unit.”

“The Law Enforcement Training Board would be the one to develop it… the standards. Right now, we do not have any statewide standards other than when you first become a police officer you have to qualify. And if your department does not require that in the future, it is possible that you could be a law enforcement officer for years and only 09400057.doc 81  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 have qualified that one time. However, if your department of course requires it, you would have to meet those conditions.”

“No, that’s… it provides the training for retired officers but it also requires that active officers qualify at least once a year.”

“If they want to actually… if they want to carry a gun then they would have to qualify. If they choose not to then no, they would not have to.”

“Representative, first let me say, I’d be most happy to con… continue to work with you. What this does is authorize the Law Enforcement Training Board to set the standards. Keep in mind, right now there are no standards. The Federal Government… and of course, it’s real important that no one get confused. We’re not deciding whether or not retired officers have…”

“…permission to carry. That was decided by the Federal Government. The question we’re deciding is do you want them to be the most highly trained?”

“Right.”

“Right.”

“Thank you, Re…” Speaker Lyons, J.: "Seeing no further discussion, Representative Moffitt to close.”

“Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I appreciate the comments. And… and just as the last Speaker said, whether or not you were for the federal legislation or against it, it makes sense to vote for this. This is gonna make sure that whoever has a gun is highly qualified. I might just add that they are required to have a FOID card. And it addresses part of the question of the last speaker, FOID cards are checked daily as… as to whether or not there would be any criminal activity, so that if a person that had a FOID card… there a problem developed, the Law Enforcement Training Board would know it immediately and the State Police would and their FOID card could be pulled and they’d no longer be allowed for permit to carry. So, I would urge an ‘aye’ vote. This is legislation to make our communities safer and it’s doing the right thing to make sure that the proper training’s there. It’s not… it’s not an unfunded mandate because 09400057.doc 85  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 we’re gonna take the training to the communities and then they have the choice of using it. I urge an ‘aye’ vote.” Speaker Lyons, J.: "The question is, ‘Should Senate Bill 189 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? Have all voted who wish? Mis… Representative Brauer, would you like to be recorded on this? Representative Brauer. Thank you. Mr. Clerk, take the record. On this Bill, there are 105 Members voting ‘yes’, 3 Members voting ‘no’, 7 Members voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. On page 6 of the Calendar, Representative Delgado has Senate Bill 244. Read the Bill, Mr. Clerk.”

"The Sponsor yield?” Speaker Lyons, J.: "Indicates he will.”

"Very quick question, Representative. According to the analysis that the principal of the school and the alderman have to agree.”

"What would happen in the case that the school would get a different principal?” 09400057.doc 87  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005

"Okay. So, this is a one-time approval…”

"…by a principal and an alderman that… that then allows for this indefinitely?”

"Representative, what’s the position of the City of Chicago regarding this legislation?”

"So, at this… at this point would you characterize their position as being neutral or as still an opponent?”

"What… what about the City of Chicago, the public school system, have they got a position on this?”

"The Chicago Public Schools themselves though, as they… they have a position on the Superintendent Duncan?”

"It seems like the intent on this… what is the purpose? Is there a specific…”

"…purpose for one individual that… that there seems to be a…”

"Okay. Thank you very much. To the Bill. I understand the purpose of this and I understand that… that we’re… we’re talking about allowing a business to continue to compete in a… in a way that maybe they couldn’t without this type of an exception. And I appreciate how narrowly this is drafted and I’m sure it’s not your intent to allow this type of thing to spread to other areas. But I would just be careful, obviously, with this type of… there’s a reason for that ban, there’s a reason for the distance, and it’s obvious that, ya know, in this case you’re trying to limit it. And I appreciate that but I… but I would urge caution with this type of Bill but understand where you’re coming from. Thank you.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative John Fritchey.” 09400057.doc 90  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005

“Thank you, Mr. Speaker. Senate Bill 250 deals with green building technologies. It calls on the Capital Development Board to set up a… an advisory committee and to have workshops and at least three building projects around the state to teach green building technologies and the rating systems that are established in this Bill. I’d be happy to answer any questions. I’m unaware of any…” 09400057.doc 92  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 Speaker Lyons, J.: "Is there any discussion on Senate Bill 2… 250? Senate Bill 250. Any discussion? Seeing none, the question is, ‘Should Senate Bill 250 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 115 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 Yarbrough has Senate Bill 254. Out of the record, Mr. Clerk. On page 6 of the Calendar, Representative Eileen Lyons has Senate Bill 272. Read the Bill, Mr. Clerk.”

“Thank you, Mr. Speaker. Senate Bill 274 codifies current law in the area of collective bargaining unit membership disclosure. It’s an agreement between the F.O.P. and the Sheriffs’ Association is now neutral on this, AFL-CIO is also supporting it. It requires employers to disclose unit members each time that they do a payroll. There’s no Social Security numbers released on this so it’s simply a way that a fair share of bargaining unit members 09400057.doc 94  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 can also be contacted by the bargaining unit. Be happy to answer any questions.” Speaker Lyons, J.: "Is there any discussion on Senate Bill 274? The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy.”

"Will the Sponsor yield?" Speaker Lyons, J.: "Indicates he will.”

"Representative, there was some discussion regarding whether or not this also affected school districts as far as units of local government, requirement that they would…”

“We don’t believe that this would affect… the public labor relations would not deal with educational units.”

"So, the Education and Labor Relations Act would have sole authority in this matter?”

“Right.”

"And this does not affect school districts with the notification?”

“There may be a corresponding provision in the education and labor relations, but not… but we’re not amending that. So if it’s not changing that Act then it would not affect school boards.”

"Thank you.” Speaker Lyons, J.: "Seeing no further… seeing no further discussion, the question is, ‘Should Senate Bill 274 pass?’ All those in favor signify by voting ‘yes’; 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 Bill, there are 114 09400057.doc 95  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 Members voting ‘yes’, 1 Member voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. On the top of page 7 of the Calendar, Representative Hoffman has Senate Bill 343. Read the Bill, Mr. Clerk.”

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

“Representative, in committee it was indicated that you would explain to us what ‘technical information’ meant. 09400057.doc 97  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 Staff feels that that could be rather extensive, which would equate to being rather expensive. How much technical information would the park district be… be expected to offer?”

“I’m not sure I still understand what technical information the district’s gonna be required to present. If… if it’s… or the county. Like prior to the referendum, do they… are they expected to print up all of the brochures, all of the informational pamphlets, answer all of the questions, put in all of the legal notices, ya know, all of the things that have to be done before you have a referendum?”

“Once this district would be established, then why would the district turn to the county and say, ‘Now we want… we want technical information, we want GIS information.’ This seems to be convoluted. If… if the voters approve the… the 09400057.doc 98  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 expanded district, the language of the Bill says they can turn to the county and say, ‘Now we want all kinds of technical information on things we might want to do. Yeah, we might… we might want to build a… a pond. We might want to build a hiking trail. We might want to do this. So, why would they… if they… if they have the park, why would they then turn to the county and say, ‘Now you have to give us all of this technical information.’ I don’t see why that’s a responsibility of the county if the referendum has already passed.”

“Well, and that could very well… excuse me. That could be… very well be true. The taxpayers might have an 09400057.doc 99  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 objection because on line 29, Section (d), it clearly says ‘all counties, communities comprising the Metro-East Park and Recreation District shall make available, upon written request from the district, at no cost to the district, any and all technical information and data necessary for the implementation of the district’s goals.’ What we don’t understand is how broad is the definition of ‘technical information’.”

“Yeah, but, Jay… Jay, I guess what I don’t understand, why wouldn’t the park and recreation district have the means and the wherewithal to get their own information? Why would they go back to a county government and say, ‘Give us this technical information?’ I mean, that just doesn’t make any sense to me.” Speaker Lyons, J.: "Mr. Black, your 5 minutes are over.”

“Okay.” Speaker Lyons, J.: "We’ll give you another minute.”

“I… I guess, generally, when a district is formed the district does its own research, handles its own inquiries, makes its own goals and objectives. This says once you’re formed you can go out back and ask the counties to give you technical information at no cost to the district. I… I’ve 09400057.doc 100  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 never… I mean, we formed a county conservation district and we didn’t have this language in there. I guess that’s what I’m having trouble understanding. My time is up, I won’t belabor the point anymore. Thank you very much, Mr. Speaker.” Speaker Lyons, J.: "Thank you, Mr. Black. The Chair recognizes the Gentleman from Montgomery, Representative Gary Hannig.”

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

“Representative, are you… do you know of… if the City of Carlinville, the mayor, are they supportive of this measure or not?”

“I guess I’m just getting conflicting messages, ‘cause the message that I got… that I received from them was that they are not. So, I…”

“Sure, and I understand that, Representative. I just… the message I received from… from Car… from the City of Carlinville was they… they were somewhat worried about this.”

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

“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 518 would set procedures to award contracts for construction management services. It would also require the Capital Development Board to provide public notice of all projects requiring construction management services or procedures for selection of construction managers and for contract negotiations. It would also require the CDB to evaluate construction management firms at the completion of the project and would set the duties of construction managers. And this is an initiative of the Capital Development Board. I’d be happy to answer any questions.” Speaker Lyons, J.: "Is there any discussion on Senate Bill 518? Seeing none, the question is… The Chair recognizes the Gentleman from Cook, Representative Molaro.”

“He’s busy reviewing other legislation. He said he’s got so many Bills so I’m just giving him a helping hand.”

“Thank you for your kindness, Mr. Speaker. Inquiry of the Chair.” Speaker Lyons, J.: "State your inquiry.”

“The hour grows late and I know we’re gonna be here at least two more days. Would… would the Chair please inquire as to the appropriate authorities what are the plans for this weekend, what are the plans for Monday, what are the plans for adjournment tonight? Ya know, it would be nice… and I… I don’t expect an answer right away. But for those of us who have to make plans if we’re gonna stay here 09400057.doc 107  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 Saturday and Sunday, that’s fine. And if it means we’re gonna get out of here on the 31st, I think we should stay here Saturday and Sunday. But I have four… I have four speeches to give on Monday. I will gladly cancel all of them if we’re gonna be in Session and meaning we might be able to pass a budget and get out of here on time. So, at some point, I’m just hoping the Chair will give us direction on motel rooms, laundry, and our schedules. And I… I think all of us would grateful if… if we could know that sooner rather than later.” Speaker Lyons, J.: "Mr. Black, having taken that request a little higher up on the mountain, I was told that we will be adjourning sometime within the next half hour. So… and that hopefully by tomorrow we will have direction on what the weekend schedule will be. So, stay tuned. Representative Black.”

“Thank you very much, Mr. Speaker. Your demeanor and the quickness in which you got that answer, you will have my vote for Speaker the next time we reorganize.” Speaker Lyons, J.: "I don’t know about that, Mr. Black, but thank you for your kind words. On page 7 of the Calendar, Representative Mautino has Senate Bill 538. Read the Bill, Mr. Clerk.”

“Thank you, Mr. Speaker. I wasn’t sure, I couldn’t hear you were speaking to me. Will the Sponsor yield?" Speaker Lyons, J.: "She indicates she will."

“Representative Currie, as we agreed in committee to just to go to legislative intent. According to the memorandum of understanding, there was to be no designation of where the Mental Health Trust Fund… how it would be split up for Fiscal Year ’07.” 09400057.doc 110  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005

“All right. So, we’re… we’re agreed to this and with the stipulation that right now FY07 will be discussed next year in the next year’s budget negotiations and this money will be taken and then repaid from FY06 money that comes into the trust fund?”

“All right. So, that’s the agreement and we’re in favor of the Bill. Thank you very much.” Speaker Lyons, J.: "The Chair recognizes the Lady from Cook, Representative Carolyn Krause.”

"Thank you, Mr. Speaker. To the Bill. Just a quick statement of support for Senate Bill 662. The main objective has always been to allow a transfer of the 14 million into the Mental Health Fund. This las… legislation does accomplish it and I think it’s important. Services delivered by our mental health providers are an integral part of our communities. And this legislation is a step in the right direction. I look forward to further efforts to support and enhance our local mental health services and I enjoy… join in in supporting a ‘yes’ vote. Thank you.” Speaker Lyons, J.: "The Chair recognizes the Gentleman from Bond, Representative Ron Stephens.”

“Thank you, Mr. Speaker. Will the Lady yield?” Speaker Lyons, J.: "She indicates she will." 09400057.doc 111  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005

“Representative, do I understand it correctly that this is to pay providers that would not other be… otherwise be paid because of why?”

“So, we didn’t know… did not appropriate enough in the last year’s budget?”

“All right. Well, I… I’d like to go beyond that. And I wonder if the administration… if the Blagojevich administration has entered into any negotiations with you or any of the other Leaders to talk about current bills that we are behind in our payment cycle as much as a hundred and fifty days. I… we’re talking about $23 million a day on the average and I wonder if they’ve talked to you about that.”

“Would you be willing to visit… sit down with them like I would be willing to sit down with them if they…”

“Well, Mr. Speaker, to the Bill. Obviously, providers in the State of Illinois… there’s a… there’s an agreement that we enter into of good faith, good faith bargaining. They’re gonna provide services and goods to the people of the State of Illinois that we decide here deserve those services. And we are behind in payment 09400057.doc 112  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 57th Legislative Day 5/25/2005 cycles to the degree, in some pharmacies, as many as a hundred and fifty days. That is outrageous. I’m told by our appropriations people that $23 million a day is what it costs to catch up. Now, let’s just say that I’m 50 percent right. What if we’re just 75 days behind, unable to pay those payments this year. When is the Governor going to come out and sit down with us and negotiate in honest terms? Let’s find out where we are, exactly how much money we owe. Find a way to pay the bills like we found here, get these people paid, get a budget that’s honest and it’s not a press conference budget and get home to the people that we represent. I’d like to ask the Governor… I’m sure he’s occasionally in Springfield, I hope he’s here today and maybe this week. But if not, maybe he can get a tape of this request. I’m asking the Governor to sit down with us and realistically work on a budget.” Speaker Lyons, J.: "The Chair recognizes the Lady from Cook, Representative Mary Flowers.”

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

“Representative, you and I have had discussions in regard to this Bill. We know that this library is located in my district and some of the services are located in your… or some of the land is located in yours. Do we still have the rule that both parties are going to have to agree to separate? Is that in this Bill?”

“Okay, it is. Thank you very much.” Speaker Lyons, J.: "Any further discussion? Seeing none, Representative Ryg to close.”