“The hour of 10:00 having arrived, the House will be in order. Members will please be in their seats. Members and guests are asked to refrain from starting their laptops, turn off all cell phones and pagers, and rise for the invocation and for the Pledge of Allegiance. We shall be lead in prayer today by Lee Crawford, the Assistant Pastor of the Victory Temple Church in Springfield.”
“Let us lift up our hearts and our minds tow… toward His throne. Most gracious and most precious Lord. Father, we humbly come before You. Father, realizing that we can do nothing without You. For we know and believe that everything starts and ends with You. Your word declared that You are the author and You are the finisher of our faith. Father, we ask this day that You be merciful toward us, for it is because of Your mercies that we are not consumed. It is because Your great compassions, they fails us not, for they are new every day and they are new every morning. So even this day, Your mercies are new to us. They are refreshing to us and we thank You for being so merciful. And we thank You for being so faithful, for great is Your faithfulness. And we ask this in Your son’s name. Amen.”
Speaker Hannig: “We’ll be led in the Pledge today by Representative Chapa LaVia.”
“I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.” 09400063.doc 1 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
Speaker Hannig: “Roll Call for Attendance. Representative Currie.”
“Thank you, Speaker. Please let the record reflect that Representative McKeon is excused today.”
“Representative Bost.”
“Thank you, Mr. Speaker. Let the record reflect that Representative Pihos is excused today.”
“Mr. Clerk, take the record. On this question, there are 116 Members answering the Roll Call and a quorum is present. Representative Brady is recognized for an announcement.”
“Thank you, Mr. Speaker. The Republicans will caucus… the Republicans will caucus immediately in Room 118. The Republican Caucus immediately in Room 118. Thank you, Mr. Chairman. Thank you.”
“The House will stand in recess ‘til 11:15 a.m.”
“The House shall come to order. Mr. Clerk, Committee Reports.”
"Referred to the House Committee on Rules is House Resolution 539, offered by Representative Dunkin.”
“We’re gonna start on page 5 of the Calendar, Senate Bills-Second Reading. Representative Bradley, Rich Bradley. We’re gonna do Senate Bill 21. Read the Bill, Mr. Clerk.”
"Senate Bill 21 has been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed.” 09400063.doc 2 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Third Reading. Read the Bill, Mr. Clerk.”
"Senate Bill 21, a Bill for an Act concerning public employee benefits. Third Reading of this Senate Bill.”
Speaker Turner: “The Gentleman from Cook, Representative Bradley.” Bradley, R.: “Thank you. Senate Bill 21. The Police Pension Code currently states that officers who are promoted to a noncivil service rank within 3 years of a compulsory retirement or retirement on their own are prohibited from receiving a re… a retirement annuity based on the higher rank, which is captain. This Bill changes that provision to allow captains to receive an annuity based on the noncivil service rank without the 3-year requirement.”
“Seeing… Representative Parke, the Gentleman from Cook, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“He indicates he will."
“Representative, is this… how much is this gonna cost the City of Chicago?” Bradley, R.: “It’s minimal cost to the state ‘cause there’s very few officers who would be eligible.”
“Now, is the City of Chicago okay with this?” Bradley, R.: “Yes, they are. It’s part of a negotiated settlement and they believe that the captains in their rank, they’re leading administrators and managers in the police department, they’re worthy of this benefit.” 09400063.doc 3 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Normally there tends to be some animosity between rank and file and captain. Is this okay with the… with the police unions?” Bradley, R.: “I… I wouldn’t say that.”
“You wouldn’t say that this is okay with them?” Bradley, R.: “Ya know, I couldn’t really comment on how this issue plays throughout the whole department. But again, it’s a negotiated settlement with the city and the police department in the best interests of the top managers of the police department.”
“And do we pay anything into that? Does the state… does any money come out of the State General Fund or… or out of pension money to this fund?” Bradley, R.: “Not to my knowledge. Not… not the least.”
“So it’s strictly paid for by the City of Chicago?” Bradley, R.: “Correct.”
“Thank you.”
“Seeing no further questions, the question is, ‘Shall the House pass… sorry. The Gentleman from Effingham, Representative Black, for what reason do you rise? Or from Vermilion, I apologize.”
“Did I move again, Mr. Speaker? I’m down there with… would be a privilege to live in the same county as Director Hartke.”
“I understand.”
“Will… will the Sponsor yield?”
“He indicates he will." 09400063.doc 4 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Representative, I… I assume that these pension plans that are the responsibility of the City of Chicago would be paid for out of the General Revenue stream of the city, which is mostly likely a property tax, would it not?” Bradley, R.: “That may be a portion, of course.”
“I’m sorry, I didn’t… I couldn’t hear ya, Rich.” Bradley, R.: “That’s a portion of the taxing, sure.”
“Okay. All right.” Bradley, R.: “But also employee contributions, of course.”
“Okay. And… I… I thought we had done this before. And… and did something happ… I know we’ve talked about this before. Did something happen to the Bill that has caused it to come back?” Bradley, R.: “Not to my knowledge. I think it’s been negotiated and discussed in the past and finally the city has agreed to move forward with this legislation.”
“What… what does it do to the Chicago Firefighters Pension Code? That was a Floor Amendment that you sponsored. Is that on the Bill?” Bradley, R.: “No, it’s not. That was canceled. I was not gonna Sponsor that Amendment.”
“Okay. So… so basically, it allows captains… now, this is what I’m having trouble focusing on. Captains who were not assigned patrol or investigative duties, they were in an administrative post. Would that be a fair statement?” Bradley, R.: “That would be a fair statement.”
“All right.” 09400063.doc 5 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 Bradley, R.: “Captains oftentimes are the police commanders at all the police districts.”
“Okay.” Bradley, R.: “And the upper echelon in management throughout the police department. It’s the highest rank besides superintendent.”
“Does this enhance their pension beyond what a patrol officer would get or does it put them on parity or how does this work?” Bradley, R.: “Well, they pay into it in their normal formula, so it’s not an enhancement. They’re… they’re paying into the plan as according to their salary.”
“Yeah. So, obviously, the higher the salary the bigger the pension.” Bradley, R.: “Correct.”
“Do you… do you know, Representative, off the top of your head, what is the unfunded liability of the Chicago Police Pension Fund? Do you have any idea?” Bradley, R.: “Staff said in the high forties.”
“So it’d be in the 40 million…” Bradley, R.: “Right.”
“…or 40 billion?” Bradley, R.: “A percentage, we’re talking. High… high 40 percent.”
“So 40 percent of the Chicago Police Pension Fund is unfunded, or is it funded?” Bradley, R.: “Funded.”
“All right. So, 60 percent would be unfunded.” 09400063.doc 6 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 Bradley, R.: “Sixty unded (sic-unfunded). Right.”
“Do you… do you have any idea what the dollar amount would be?” Bradley, R.: “No, I don’t.”
“All right. It would be a considerable amount, I assume. Okay. Thank you very much for your patience, Representative.”
“Representative Bradley to close.” Bradley, R.: “Appreciate your support.”
“The question is, ‘Shall the House pass Senate Bill 21?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Davis. Will Davis. Monique Davis. The Clerk shall take the record. There are 53 voting ‘aye’, 61 voting ‘no’, 1 voting ‘present’. And the Gentleman requests Postponed Consideration. The Bill will be placed on Postponed Consideration. On the Order of Senate Bills-Second Reading, page 6 of the Calendar, Representative Granberg on Senate Bill 90. Read the Bill, Mr. Clerk.”
"Senate Bill 90 has been read a second time, previously. Amendment #1 was approved in committee. Floor Amendment #2, offered by Representative Granberg, has been approved for consideration.”
Speaker Turner: “The Gentleman from Clinton, Representative Granberg.” 09400063.doc 7 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Thank you, Mr. Speaker. Floor Amendment #2 provides the ability for a company to build a synthetic natural gas plant and to sell/enter into contracts with gas companies to sell that synthetic natural gas at a rate below market value. The company would have to start or get their permit within 3 years, start construction, and within a year have the contracts finalized. And I’d be happy to answer any questions.”
“The Gentleman from Cook, Representative Parke, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“He indicates he will."
“Representative, this is a no… a new coal plant. Is that right?”
“It’d be a coal mine, Representative Parke, in a synthetic natural gas. It would take the coal, convert it into synthetic natural gas.”
“Will this have to go before the EPA and the county for zoning?”
“It would have to go through the normal permitting process, yes.”
“Will there be any state tax money being used as an incentive or through memorandums of understanding?”
“No. In fact, that would not the case, Representative Parke. They… there is a Senate Bill 1824, I believe, or 1814, that would’ve done that. We have taken this plant out of that. So there would be no tax money… no state tax money.” 09400063.doc 8 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“So, they’ll have to go through the standard citing, they have to qualify under EPA.”
“Correct.”
“Why do we need this at all?”
“Well, for a number… a number of reasons. It actually helps make Illinois energy independent. It’s below the natural gas rate. It’s approximately 20 percent below the market rate right now. So, it helps us make us independent, it should lower residential rate costs because we’ll be shipping this natural gas to Northern Illinois… or synthetic natural gas. So it should actually lower residential rates, Representative Parke. So it makes this energy independent. It uses Illinois coal in a environmentally correct way. There is no opposition whatsoever from the Citizens Utility Board, Sierra Club, or any environmental group. So you lower residential rates, you increase the use of Illinois coal, and it helps us become more energy independent.”
“Where is this located?”
“It’d be located in Southern Illinois.”
“That’s a big place. Where in Southern Illinois?”
“Well, I… I’m glad you said that. I’m glad you think it’s a big place. Rural Jefferson County, which would help the entire region.”
“And will it provide jobs?”
“It would provide… it’d provide 1 thousand construction jobs over the course of 3 years, 300 permanent 09400063.doc 9 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 coal mining jobs, and 150 permanent power jobs in the synthetic natural gas plant.”
“Okay. So, just natural gas, it has nothing to do with coal.”
“You would use… you would mine the coal and through new technology you convert the coal into synthetic natural gas. And because of our location in the Midwest, we have natural gas pipelines going east, west, north, and south. It would be built in close proximity to the pipeline that would actually probably ship this gas to Northern Illinois, which should reduce rates because it’s below market price.”
“But if it doesn’t it… and you don’t… it could increase rates, if it’s not… if there’s…”
“Well, it’s…”
“…if they’re not done properly.”
“The rates right now are 20 percent lower than the market, right now, currently.”
“Well…”
“And if… if you look at the futures market, Representative, 5 years out, the… what they’re buying… they’re buying natural gas right now for 5 years out at a rate that’s 30 percent higher. So natural gas companies are buying natural gas on the futures market right now, 5 years from now that’s 30 percent higher, 30 percent.”
“Well, I want you to be successful because we desperately need jobs down in Southern Illinois. And so, I’m gonna support your legislation.”
“Thank you.” 09400063.doc 10 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“So I’d like to make sure that you’re successful with this, ‘cause we need jobs and we need to be able to use one of the greatest assets that this state has, and that’s our coal reserves, in a way that does not pollute. So, I hope it works.”
“Thank you very much, Representative. I appreciate your comments.”
“The Gentleman from Vermilion, Representative Black, for what reason do you rise?”
“Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. I rise in strong support of the Bill. For any of you who have watched your natural gas rates go up over the last few years, there is a shortage of natural gas. And when people have to bid for it in the winter the rates can be rather high. In fact, I think two winters ago it reached a record high price. This is new technology developing synthetic natural gas. I wish we could develop a synthetic gasoline, because we’re in the same situation. The demand is outstripping the supply. This is new technology, has great and tremendous promise. I urge an ‘aye’ vote.”
Speaker Turner: “The Gentleman from Jasper, Representative Reis, for what reason do you rise?”
"Thank you, Mr. Speaker. To the Bill. I rise in support of this legislation as well and I’ve… I’ve been honored to work with Representative Granberg and Senator Jones. This is gonna affect our area, it’s gonna affect all of Southern Illinois and it’s gonna affect the whole State of Illinois, 09400063.doc 11 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 because as Representative Black says, the price of natural gas has been increasingly getting more expensive. There’s a real shortage. We consume one trillion cubic feet a year. This is gonna help with 5 percent of that. It somethin’ that’s coming from Illinois. We’re gonna utilize the transportation cost that is normally incurred in transporting coal away from Illinois, build this power plant at the mouth of the mine, save those transportation costs and utilize it in coal gasification. I know there were some concerns about the price that’s locked in for 10 years. The Speaker’s Office has been very concerned of that. But we’ve got that worked out, we’ve got a good 10-year deal. If you look at the NYMEX futures, there’s not 1 month over the next 5 years where the price is below $5. This is great for Illinois. This is environmentally friendly. It’s utilizing an asset that’s in abundance in Illinois and I urge your support on this Amendment and ultimately the final passage of the Bill. Thank you.”
“The Gentleman from Randolph, Representative Reitz, for what reason do you rise?”
“To the Bill, Mr. Speaker. This is Bill… as Representative Granberg said, this… this Bill is very important to the power holdings project in Jefferson County. We’ve worked hard, a number of us, Representative Eddy and Representative Bost and I all serve on, and Representative Granberg, on the Coal Develop Board. We’ve funded this project, are looking forward to putting additional funds into this project. It provides hope for 09400063.doc 12 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 the future for Illinois coal and… and for lower gas prices. As some of the previous speakers said, this… this is an opportunity for us to produce syn… synthetic natural gas. There’s a short supply and a limited supply of natural gas in the world. And if… if this technology works like we think it will, we have an opportunity to turn a lot of the… the plants that are presently burning natural gas to use synthetic natural gas and put a lot of Illinois coal miners back to work. As I said, this is about opportunity and hope for Southern Illinois but I think for all of the gas cu… natural gas customers in the State of Illinois. And I’d appreciate an ‘aye’ vote.”
“The Gentleman from Winnebago, Representative Sacia, for what reason do you rise?”
“Sponsor yield, Mr. Speaker?”
“He indicates he will."
“Ladies and Gentlemen of the House, I stand in strong support of the Gentleman’s legislation. This also will affect a large natural gas producing plant… I stand corrected, an anhydrous ammonia plant in my district wherein we are using or will be once this gasification comes on line a lot of Southern Illinois coal. This is an excellent Bill and I strongly encourage you to support it. Thank you.”
“The Gentleman from Crawford, Representative Eddy, for what reason do you rise?”
"Thank you very much. To the Amendment. I… I, too, wanna support… strongly support this Amendment. It… it 09400063.doc 13 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 makes good sense. Illinois has a competitive advantage that we have not been able to use to a full advantage to create jobs because of the high sulfur content of coal. There are emerging technologies that will allow us to extract the sulfur and, as a byproduct, create a synthetic natural gas. This is creative legislation that will help create jobs in Southern Illinois, but also put Illinois on the radar for a very, very important federal project called FutureGen. Our support of projects like this and the demonstration of this General Assembly to support projects like this will help Illinois in its attempt to land the FutureGen project, which would bring millions and millions of dollars and jobs in the State of Illinois. I strongly urge a unanimous vote of this Body for this legislation to send that message to Congress, that Illinois is ready to be the leader in the coal industry in this century. Thank you.”
Speaker Turner: “The Gentleman from Clinton, Representative Granberg, to close.”
“Thank you, Mr. Speaker. I would simply ask support of the Amendment and hopefully passage of the Bill.”
“So, the question is, ‘Shall the House adopt Floor Amendment 2 to Senate Bill 90?’ All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the ‘ayes’ have it. And Amendment #2 is adopted. further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Read the Bill, Mr. Clerk.” 09400063.doc 14 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
"Senate Bill 90, a Bill for an Act concerning regulation. Third Reading of this Senate Bill.”
Speaker Turner: “The Gentleman from Clinton, Representative Granberg.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I appreciate the comments made by other Representatives. And it truly is a unique experience because we’re going to hopefully pass legislation that will help the environment, help the use of Illinois coal, should lower natural gas prices in the northern part of the state, and help us gain energy independence. It truly is a great combination of factors. I urge your support and I’d appreciate a ‘yes’ vote.”
“Seeing no questions… this is final action. The question is, ‘Shall the House pass Senate Bill 90?’ All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 112 voting ‘aye’, 0 ‘noes’, 4 voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 8 of the Calendar, Representative Fritchey, we have Senate Bill 764. Read the Bill, Mr. Clerk.”
"Senate Bill 764 has been read a second time, previously. Amendment #1 was approved in committee. Floor Amendment #2, offered by Representative Fritchey, has been approved for consideration.” 09400063.doc 15 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
Speaker Turner: “The Gentleman from Cook, Representative Fritchey, on Amendment #2.”
“Thank you, Speaker, Members of the Body. Amendment 2 removes some of the opposition that existed to this Bill. We know of no further opposition and request an ‘aye’ vote.”
“Seeing no questions, the question is, ‘Shall the House adopt Floor Amendment #2 to Senate Bill 764?’ All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the ‘ayes’ have it. And Amendment #2 is adopted. Further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Read the Bill, Mr. Clerk.”
"Senate Bill 764, a Bill for an Act concerning property. Third Reading of this Senate Bill.”
Speaker Turner: “The Gentleman from Cook, Representative Fritchey.”
“Thank you, Speaker. The underlying Bill provides for streamlining the process and clarifying the process with respect to collection of overdue fees for a unit owner’s obligation to a condominium association. As I previously stated, we know of no objections to the Bill and would request an ‘aye’ vote.”
“Seeing no further questions… this is final action. The question is, ‘Shall the House pass Senate Bill 764?’ All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who 09400063.doc 16 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 wish? The Clerk shall take the record. On this question, there are 111… 110 voting ‘aye’, 6 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 10 of the Calendar, Representative Scully, we have Senate Bill 1930. Representative Scully. Read the Bill, Mr. Clerk.”
"Senate Bill 1930 has been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed.”
Speaker Turner: “The Gentleman from Cook, Representative Scully. No, move the Bill to Third. Read the Bill again, Mr. Clerk.”
"Senate Bill 1930, a Bill for an Act concerning civil law. Third Reading of this Senate Bill.”
Speaker Turner: “The Gentleman from Cook, Representative Scully.”
“Thank you, Mr. Speaker, Ladies and Gentlemen. I ask for your support on Senate Bill 1930 which is a… revisions to the Mechanics Lien Act. For those of you who have had the misfortune of trying to read this piece… this statute, it’s very confusing. The… it has been a patchwork of quilts… of patches put on this quilt over the past hundred years. This Bill attempts to clarify the language without making significant substantive changes other than changes necessary to codify existing case law, giving people who are reading the Mechanics Lien Statute the ability to simply read the statute and also at the same time get an understanding and a statement of what the existing case law 09400063.doc 17 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 is interpreting this very old statute. I’d be happy to ask… answer any questions and I ask for your support.”
“Seeing no questions, the question is, ‘Shall the House pass Senate Bill 1930?’ All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 116 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 11 of the Calendar, Representative Saviano, we have Senate Bill 2072. Read the Bill, Mr. Clerk.”
"Senate Bill 2072 has been read a second time, previously. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”
“Move the Bill to Third Reading. Read the Bill, Mr. Clerk.”
"Senate Bill 2072, a Bill for an Act concerning business. Third Reading of this Senate Bill.”
Speaker Turner: “The Gentleman from Cook, Representative Saviano.”
“Thank you, Mr. Speaker, Members of the House. Senate Bill 2072, as amended, is an agreed Bill. We’ve passed this over previously and what we’ve done now is made sure that everybody was in agreement. We changed two words in this Amendment which… which took care of the consumer groups and… and the Speaker’s concerns. And I would ask for a favorable vote.” 09400063.doc 18 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Seeing no questions, the question is, ‘Shall the House pass Senate Bill 2072?’ All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 69 voting ‘aye’, 45 voting ‘no’, 2 voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 11 of the Calendar we have Senate Bill 2053. Representative Giles. Read the Bill, Mr. Clerk.”
"Senate Bill 2053 has been read a second time, previously. Amendment #1 was approved in committee. Floor Amendment #2, offered by Representative Giles, has been approved for consideration.”
“The Gentleman from Cook, Representative Giles, on Amendment #2.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Amendment #2… Floor Amendment #2 simply deleted the provision that was in… in House Amendment #1 which extended the period of time to declare administrative sales in error to 5 years. And the language that was added was that… that a county collector has until the expiration of the period of redemption, and that’s typically 3 years. And I ask for its adoption, Amendment #2.”
“Seeing no questions, the question is, ‘Shall the House adopt Floor Amendment #2 to House… Senate Bill 2053?’ All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the ‘ayes’ 09400063.doc 19 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 have it. And the Amendment’s adopted. Further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Read the Bill, Mr. Clerk.”
"Senate Bill 2053, a Bill for an Act concerning revenue. Third Reading of this Senate Bill.”
Speaker Turner: “The Gentleman from Cook, Representative Giles.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This legislation’s an agreed piece of legislation. It’s a consumer Bill in which that we’re trying to make sure that an individual that’s trying to… a certificate of purchase that tax buyers to be able to make sure they have the option of… of declaring a sale of error and to make sure that the interest will not have an extensive amount of interest accrue to make sure that tax buyer has the option of declaring a sale of error. And I ask for the passage of this legislation.”
“Seeing no questions, the question is, ‘Shall the House pass Senate Bill 2053?’ All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 116 voting… 116 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Gentleman from Cook, Representative McCarthy, for what reason do you rise?” 09400063.doc 20 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Thank you, Mr. Speaker. I have an inquiry of the Chair. State your inquiry.”
“State your inquiry.”
“Thank you. Could you tell me the status of Senate Bill 1435?”
“Mr. Clerk, what’s the status of Senate Bill 1435?”
"Senate Bill 1435 is on the Order of Second Reading.”
“Thank you, Mr. Speaker. I just hope you’d use your influence to work with Representative Hannig to move this important piece of legislation as soon as possible.”
“We’ll take that request. On the Order of Second Readings, we have Senate Bill 661, Representative Hannig. Read the Bill, Mr. Clerk. Mr. Clerk, Committee Reports.”
Clerk Mahoney: "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 31, 2005, reported the same back with the following recommendation/s: 'approved for floor consideration' Amendment #1 to House Joint Resolution 42, Amendment #3 to Senate 96, Amendment #1 to Senate Bill 334, Amendment #3 to Senate Bill 661, Amendment #2 to Senate Bill 1548, Amendment #3 to Senate Bill 1625, Amendment #3 to Senate Bill 1815. On the Order of Concurrence is a Motion to Concur with Senate Amendment #1 to House Bill 769, a Motion to Concur with Senate Amendment 09400063.doc 21 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 #1 to House Bill 1197, and a Motion to Concur with Senate Amendment #1 to House Bill 3415, and a Motion… On the Order of Concurrence a Motion to Recede with House Amendment #1 to Senate Bill 662, and a Motion to Recede on House Amendment #1 to Senate Bill 1962.”
“The Gentleman from Montgomery, Representative Hannig, on Senate Bill 661. Read the… read the Bill, Mr. Clerk.”
"Senate Bill 661 has been read a second time, previously. Amendment #1 was approved in committee. Floor Amendment #2, offered by Representative Hannig, has been approved for consideration.”
“Yes, thank you, Mr. Speaker and Members of the House. This is one of the three budget implementation Bills that we need to do on the substantive side in order to put together, along with a spending Bill, what we would call a state budget. So this is the proposal that deals with the state finance. I could… I would be happy to answer any questions now or I will explain it more thoroughly on Third Reading. I move for the adoption of the Amendment.”
“The Gentleman from Cook, Representative Parke, for what reason do you rise?”
“Thank you, Mr. Speaker. We don’t seem to have those Amendments on our system. Have they not been picked up yet? I’ve been enlightened. Thank you.”
“Seeing no further questions, the question is, ‘Shall the House adopt Floor Amendment #2 to Senate Bill 661?’ All those in favor should say 'aye'; all those 09400063.doc 22 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 opposed say 'no'. In the opinion of the Chair, the ‘ayes’ have it. And Amendment #2 is adopted. Further Amendments?”
"Floor Amendment number… Floor Amendment #3, offered by Representative Hannig, has been approved for consideration.”
“The Gentleman from Montgomery, Representative Hannig, on Amendment #3.”
“Okay, this is a follow-up on the budget implementation Bill and this is technical in nature so I’d ask for the adoption of this Amendment as well.”
“The Gentleman asks leave for the adoption of Amendment #3 to Senate Bill 661. All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And the Amendment is adopted. Further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Read the Bill, Mr. Clerk.”
"Senate Bill 661, a Bill for an Act concerning finance. Third Reading of this Senate Bill.”
“The Gentleman from Montgomery, Representative Hannig.”
“Yes, thank you, Mr. Speaker and Members of the House. This is the… a part of the budget that we will address in three parts on the substantive side and then a spending Bill. Most of what this does is items that are, I think you would say… I think you can say in most cases are technical in nature, things that we’ve done in the past. 09400063.doc 23 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 So let me give you an example of some of the items that we would do. We would terminate some small funds that exist in State Government, about 20. They have relatively small balances and little activity. And we would simply transfer their balances to the General Revenue Fund. We’d transfer $1.2 million to the Violence Prevention Fund. We… we do this every year. We’d transfer $9 million to the Abraham Lincoln Presidential Library and Museum. We’ve done that since we’ve got that facility up and running. We’d allow $80 million of a transfer from GRF to the Tobacco Settlement Recovery Fund. Again, we do this every year. It’s a cash flow item. It doesn’t impact anything other than cash flow. We’d adjust the share of the income tax refund account for the corporate and individual accounts, we do this every year and sometimes more than once a year. We’d put the School District Insurance Program in its own… in its own account in a trust fund rather than on GRF. We’d consolidate some other items. We’d transfer $6.8 million back to the Secretary of State’s Office. This was a… this was an error in a previous… in a previous fiscal year. And probably the thing that we’ve done in the past before, but perhaps I’ll just say has some controversy, even though it is become almost an annual ritual, is that we would in this statute, list the number of funds where we would sweep 35 percent of those items and put the money into the General Revenue Fund with the backup that should that cause a problem for that fund as the year unwinds that they could go back to GRF to… to get some money back. 09400063.doc 24 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 We’ve done this in the past. In fact, last year a couple of the funds did come back and ask for some money when it was shown that there were some errors. And so the system does seem to work well. So those… this is the nature of what this Bill is about. I’d be happy to answer any questions and I’d move for its passage.”
“The Gentleman from Cook, Representative Parke, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“He indicates he will."
“Representative, this is considered a ‘bimp’ Bill, right?”
“A bu… yes, Sir, a budget implementation Bill.”
“So, in this Amendment 2 to Senate Bill 661 our analysis shows page after page after page of sweeps out of all of these funds. Is that part of this Amendment?”
“That’s part of the Amendment. Yes, Representative.”
“How many sweeps… how many funds are being swept?”
“I… I think there’s… it’s somewhere about a hundred and eighty, I’m told. So…”
“So would you think it’d be over 200? ‘Cause you’re guessing, right?”
“I… it’s un… I believe it’s under 200. But the amount that we would sweep, Representative, is about… is about a hundred and sixty million dollars. That’s less than what we swept last year. But it’s a hundred and sixty million dollars.” 09400063.doc 25 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“But there isn’t much left from last year, so that’s why it would be less, right?”
“Well, maybe we’re just doing a better with GRF. But perhaps… perhaps your analysis is right, Representative.”
“How much money… approximately how much money is being swept out of these funds?”
“What we have done, we’ve identified a number of funds where we believe…”
“A number. You mean over a hundred and eighty?”
“That’s correct.”
“Okay.”
“That we believe where there’s a excess of funds so that they can operate and do the things that the funds normally do. And then we would sweep 35 percent of those amounts in the fund with the safeguard that should we be wrong and have to come back, there would be an opportunity for the funds to come… actually come back automatically and have GRF replenish the fund.”
“Well, let me ask you, in… Amendment 2 contains language stating that the authority of the Treasurer over the fund transfer process is restricted. What purpose does this language serve?”
“Representative, I think we just wanna clarify that it is our intention and that we have the authority from the Legislative Branch to make these trun… transfers.”
“That’s not my question, Sir. My question is stating that… Amendment #2 states that language that the authority 09400063.doc 26 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 of the Treasurer over the fund transfer process is restricted. Why did you put that in there?”
“So that we would establish that we have the authority to do this, Representative, which we have.”
“But why?”
“Representative, we’ve done these sweeps since… I believe since Governor Edgar’s time. And we just want to make sure that anyone who perhaps has some time to read these Bills would understand that the Legislature has this authority.”
“Well, if you already have it, why are you doing this? You already got the authority. Why is this in here?”
“We just wanna remind everyone.”
“Aw, come on. Remind us? That was pretty good on your feet, and you didn’t even smile. Oh, there, that’s much better. Isn’t it because our Treasurer has taken on some authority that she feels she has and has restricted certain amount of money not to be swept?”
“What… what page on the Bill is the language and I’ll look at. Maybe I have a better anguage (sic-answer).”
“It’s in the number of line items in your… in your Amendment 2.”
“Could… could you read to me the language specifically in the Bill and I’ll try to give you an answer?”
“Well, let’s look up page 56… of House Amendment 2, ‘Notwithstanding any other provision of the State Law to the contrary, on or after July 1, 2005 and through June 30, 2006, in addition to any other transfers that may be 09400063.doc 27 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 provided by the law, at the direction upon notification from the Director of Central Management Services, the State Comptroller shall direct and the State Treasurer shall transfer amounts into the Professional Service Fund from the designated funds not exceeding the following totals, etcetera, etcetera.”
“Yes, Representative, this is to establish the inter fund transfer for the new Department of… when we consolidated with the Department of Professional Regulation and it creates the Indirect Administration Fund. In other words, a fund that can deal with the administrations of an agency that… that actually has many…”
“Representative Parke, one minute.”
“We do not see it that way. We think that you’re deliberately trying to restrict the authority of the Treasurer and we don’t think that’s appropriate. And you do not have the authority and so I guess maybe we’ll eventually end up in court on this, because we do not believe that you do have that authority. That our Treasurer is acting in her authority and we will continue to press this. Ladies and Gentlemen, to the Bill. I’m rising up in opposition to this. We think it’s inappropriate to continue to sweep money out of these accounts because these monies were raised from all of these accounts to be used for the specific purpose that they were raised for. And now, we are in the midst of taking more money. This is the second… this is the third time…” 09400063.doc 28 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“And your time is up. The Lady from Will, Representative Kosel, for what reason do you rise?”
“Will the Sponsor yield?"
“He indicates he will."
“I have a couple questions to… to ask you regarding some of the fund sweeps. Do you have knowledge that I possibly don’t have that breast cancer has been eliminated in the State of Illinois and that we would no longer need funds in the Mammogram Fund?”
“Representative, would… would you… would you tell me where you find that in the Bill?”
“Okay. This is one that was in there last night that has now been added back in?”
“It’s not in, is my understanding. But if you think that it is, I’ll look in the Bill and try to find it.”
“Okay. Okay, they were in last night but they’re not… they were being swept last night but now are out. What about the Veterans’ Fund? Yesterday on Memorial Day we had a Veterans’ Fund that was being swept. Is that… is that still being swept?”
“It is one of the items that we will have in the Bill… that is in the Bill to sweep 35 percent, with this backup provision that if that’s a problem they can go back to GRF. So the answer is ‘yes’.”
“And… and that particular Veterans’ Fund is designed to do what?”
“It’s… it’s the… it’s the Illinois Rehab Fund, I’m advised.” 09400063.doc 29 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“The… pardon?”
“It’s… I’m advised it’s the Illinois Veterans’ Rehabilitation Fund.”
“The rehabilitation fund for… for veterans. What is the purpose of that fund, though? What is it used for? Is it to rehabilitate them from physical defects? Is it to rehabilitate them financially for losses they suffered as veterans? What is… what is the use… what do we feel we don’t need to spend on veterans?”
“Representative, I… the point that I guess I’m trying to make on these Bills is… in this Bill is that we believe that these funds have enough available balance that they can continue to do the operations that they were set up to do without any interference. And should they find that, in fact, we are wrong and there is a fiscal problem and a cash flow problem, then they’ll go back to GRF and they’ll get their money. So…”
“Then will they…”
“…I don’t think that… I don’t think we’re restricting any fund in any program through these sweeps.”
“I want to get back to that point that you just made, but I… I really would like to know what this fund actually funds. I mean, what action to our veterans do we feel that there’s an excess money? And you don’t have that information?”
“We have information that this fund has an adequate balance to… to operate throughout the year. We were looking at this from a fiscal point of view.” 09400063.doc 30 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“I understand that. But there’s veterans out there who may be eligible for this fund but may not feel the same way.”
“And… and none of them… and none of them will be affected by it. If there is no need to come back to GRF we will keep all the money. If there’s a need to come back to GRF we’ll give ‘em their money back. So, everyone will be held harmless.”
“Can we talk about that, if they wanna come back, if they… the fund then has a problem and they wanna come back. Can you tell me what that procedure is within this legislation on how the funds would address that return to GRF and what that process is and what that means?”
“It… it’s the process that we established last year when we passed the Budget Implementation Bill then on, what, July 24. And it’s that same process that exists. So if they have inadequate amounts of money in their dedicated fund then they can submit the bill to the General Revenue Fund.”
“So they would submit their bill to the General Revenue Funds under what condition?”
“If they can’t… if they can’t pay the bills.”
“Okay.”
“So, I mean, if they get into a situation where they can’t pay the bill they submit it to General Revenue.”
“But I believe in committee last night you said that they would submit it and be loaned the money. Is that accurate?” 09400063.doc 31 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“The… yeah, loaned in the sense that should their balance be replenished in a significant way we’ll ask them to restore… to return that money to GRF.”
“I’m sorry, can you repeat that, please?”
“Yes. Certainly, Representative. Loaned in the sense that after they draw some money from GRF, after a period of time if their loan balance is sufficiently replenished…”
“They’ve gotta pay it back.”
“…that they would pay it back to GRF.”
“So you’re sweeping a Veterans’ Fund, you are giving $1 million to the Beverly Arts Center, and if the veterans run out of money it’s a loan…”
“Bring your remarks to a close.”
“Thank you. I’m attempting to do that. So, we… we’re sweeping a Veterans’ Fund, we’re giving money to the Beverly Arts Foundation. If the Veterans’ Fund runs out of money they have to receive a loan from the state and it must be repaid. This is ridiculous.”
“I’d like to ask the Members if we could just lower the noise level just a little, it might mean that we don’t have to keep asking the same questions. The Lady from Cook, Representative Mulligan, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“He indicates he will."
“Representative, I’d like to just go over the, quote, ‘technical Amendment’ that House Amendment 3 is. It made some changes and eliminated some of the funds that the 09400063.doc 32 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 Governor can sweep. I presume that they realize sweeping those funds was a little hot to handle and might not sell well publicly. Things like the Violence Prevention Fund, which he’s tried to sweep before, the Mammogram Fund that funds mammograms for poor women, these are the things that they were planning on taking but that… because people were complaining we put back a couple of them?”
“Representative, I was advised that there was perha… perhaps some errors were made when we… when we put the fund together. So during the normal process, we did this last year and the year before, we had to return some funds because there were… errors simply were made.”
“How many funds are being swept at this time?”
“I’m sorry, I didn’t hear your question, Rep…”
“How many fu… total funds are being swept?”
“I advised Representative Parke it was a hundred and eighty and… and we haven’t…”
“A hundred and eighty to 2 hundred?”
“…had any information…”
“Okay, so out of a hundred and eighty to 2 hundred you only found 6…”
“No, I advi… I advised… it’s about 180, I think. But I could be wrong, I didn’t actually count ‘em.”
“You only found 16 that were inappropriate. What about all the banking funds that are under injunction not to be swept? When you were preparing Amendment 3 don’t you think it would’ve been appropriate to put the banking funds back in when there’s an injunction that they’re not to be 09400063.doc 33 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 swept and you’re going… and the Governor is planning on sweeping those?”
“Representative, this was a list of funds that we developed, the Members of the Legislature, to try to sweep.”
“Right. But the funds that are also being swept are from the Bankers Association, a number of banking funds that are involved in a lawsuit that there’s an injunction that they can’t be swept. Now, when they… when Amendment 3 was amended, and this was pointed out to them last night in I think two separate committees that they were sweeping funds that there’s injunction against sweeping, you could’ve added those funds into the ones that were deleted when you prepared Amendment 3. Why did you not do that?”
“That… that wasn’t the purpose of Amendment #3, Representative.”
“Oh, really? It wasn’t because someone might be unhappy that you’re sweeping the Mammogram Fund that pays for mammograms for low-income women? Who… who gets served and who has to go there when we have a big… and who pays for the continuation of the litigation when you sweep the banking funds that you’re under… the state is under injunction not to take? What arrogance to not… to go ahead when you’re under a court injunction not to sweep those funds and to go right ahead and do it. I do not understand the arrogance that makes them believe that they can take those funds. Would you explain that to me?” 09400063.doc 34 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Representative, we’re just simply establishing authority here. If the state prevailed… this… this is an ongoing piece of litigation apparently. We’ll see how it turns out. But this is to simply say that we believe, in the Legislative Branch, that we need to have authority to make certain transfers in the Bill.”
“So you believe we have authority to go around an injunction that says do not sweep the funds and sweep them anyway?”
“We’re not overriding an injunction, Representative.”
“But you’re planning on sweeping the funds. All right, how many funds under this…”
“It’s… it… anything we do is subject to litigation, Representative. And this would be, too. It would be any part of this Bill.”
“If they’re already in litigation why would you do it again?”
“We believe we’ll prevail, Representative.”
“You believe you’ll prevail. Good luck. How many funds are designated for automatically quarterly sweeps? My understanding in the Senate discussion yesterday and in just hearing what was going on in…”
“One minute, Representative.”
“My understanding was that there are funds that are automatically being swept under this Bill quarterly so that they can just go in and take them quarterly.” 09400063.doc 35 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Representative, we’ve established the amount in the Bill. So, if you wanna know how much it will be for each fund it’s… it’s all in black and white.”
“Representative, I find your answers totally inadequate. Quite frankly, you and I have always discussed budget and you’ve always given me good answers. This year these answers are totally inadequate. To do what they’re doing under this and to go along with it, I will just think it’s strictly immoral. You guys have a lot to talk about when this is over.”
“The Gentleman from Winnebago, Representative Sacia, for what reason do you rise?”
“Will the Sponsor yield?"
“He indicates he will."
“Ladies and Gentlemen of the House, yesterday three of us on this House Floor were involved in a Bill that we were led to believe that was a very important Bill. Now, I can’t speak to the other two Gentlemen, however, I for one was led to believe that Senate Bill 1180, which was supposed to be a Bill to enhance police training in Illinois, the funding for that Bill is now ending up in this sweep. I would call your attention to the Traffic and Criminal Conviction Surcharge Fund where the Governor is taking 1,382,000. Mr. Speaker, could I have some order, please? Ladies and Gentlemen, one of the more respected Members of this Body yesterday sponsored a Bill, Representative Joe Lyons. I can’t speak for Joe, but myself and Senat… Repre… Senator Millner… yes, I was 09400063.doc 36 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 correct… Representative Millner were asked to join in by several lobbyists and our biggest concern in committee was would this money be swept? Guess what? It’s in here, a million three hundred and eighty-three thousand dollars. I really personally feel that I was duped. Certainly, certainly not by the Sponsor of this Bill but by those that came to the three of us and asked if we would be either the Sponsor or the chief cosponsors. Ladies and Gentlemen, on the other side of the aisle many of you are very concerned about natural resources. Many of you are concerned about alternative fuels. Have you looked down through this list of well over 2 hundred sweeps? Over 34 of them have well over a million dollars being swept out. Many of them are very near and dear to your hearts. How about the Sports Facility Trust Fund for a million, one hundred? How ‘bout state parks for a million, forty-five? Ladies and Gentlemen, there are… how ‘bout Natural Resources Restoration Fund? Natural Heritage Endowment Fund for 557 thousand. Illinois Forestry Development Fund, Illinois Habitat Endowment Fund, and let me digress to Alternative Fuels Fund, Care Provider Fund… Ladies and Gentlemen, listen to this one. Care Provider Fund for Personnel… for Persons with a Developmentally… with a Developmental Disability. Once again, I repeat, Care Provider Fund for Persons with a Developmental Disability. We’re gonna take $2,300,000 from that fund for the developmentally disabled. How can anybody with any kind of a conscience at all vote ‘yes’ for a budget that does this? Our Governor talked 09400063.doc 37 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 about testicular virility and he is raping each and every one of us, our children, and our grandchildren with this budget. And this is the worst example and I really feel bad for your side of the aisle if you have not seen the 200-plus items that are literally being raped from this budget by starting with raping a pension system which your children and their children and their children will be paying billions and billions of dollars for, for years and years to come. This is an abomination. This is an insult to anybody with intelligence above plant life. This is shameful, Ladies and Gentlemen, literally shameful.”
“The Gentleman from Vermilion, Representative Black.”
“Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. On December 21, 2004, the Illinois Credit Union League, the League of Financial Institutions, the Community Bankers of Illinois, the Illinois Mortgage Bankers, and the Illinois Association of Mortgage Brokers filed a lawsuit against John Filan, the Governor’s Office of Management and Budget, Michael Rumman, Director of Central Management Services, and Rod Blagojevich, just to name of the parties, Governor of the State of Illinois. Now, let me read to you from the decision of the court, the injunction. ‘The purpose of a preliminary injunction is to preserve the status quo pending a decision on the merits.’ Now, Mr. Speaker, I’m not gonna speak on this din… din. I’m not gonna do it. You either get some order in the 09400063.doc 38 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 chamber or I’ll sit here all day until you do. I’m not gonna speak over this din.”
Speaker Turner: “Ladies and Gentlemen, could we have some respect for the Members that are trying to speak? We ask that you turn… tune the noise down so that you may listen to the speakers out of respect. Representative Black.”
“I would daresay that many of you have not seen this injunction issued in the Circuit Court of the 7th Judicial Circuit in Sangamon County, Illinois. Let me get to the heart of the matter. ‘It is therefore ordered the defendants are enjoined and shall refrain from and those in active concert with or participating with them are hereby restrained and enjoined from transferring any monies from the Credit Union Fund, the Savings and Residential Finance Regulatory Fund, or the Bank and Trust Company Fund, except for the ordinary and contingent expenses of the Department of Financial and Professional Regulation. (b) That John Filan, director of the Governor’s Office of Management and Budget, and Rod Blagojevich, Governor, are hereby enjoined from transferring, reallocating, or spending funds collected pursuant to the Illinois Credit Union Act, the Savings Bank Act, the Illinois Banking Act, the Illinois Savings and Loan Act of ’85, and the Residential Mortgage License Act of ’87, by virtue of authority granted them under 30 IL-CS, that the… (c) That the injunctive relief granted herein takes effect immediately and shall remain in effect until further order of this court.’ Signed by the judge and dated March 11 of 2005. And yet, if you look… if 09400063.doc 39 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 you were given the fund transfer list, you are taking $3.8 million from the Bank and Trust Fund, $5.2 million from the Savings and Residential Finance Fund. You are asking me to vote on a fund sweep that violates a court order. I am not going to put myself in a position where I am held in contempt of court. I don’t understand this administration. And it’s what I’ve said all year. This is an administration that constantly says, ‘Do as I say, not as I do.’ This injunction is very clear. I’ll be glad to make copies and give it to all of you. The court has ordered that some of these funds cannot, cannot be swept because the fund was created for a specific purpose. And yet, you insist on transferring some of them in opposition, in absolute… ignoring a court order. I would hope that the judge in this case decides to hold the people in this case in contempt of court. Let me ask… let me look… and this is gonna be another lawsuit. You have eliminated the New Technology Recovery Fund. You have eliminated the Illinois Rural Bank Bond Trust Fund. You have eliminated the Board of Education School Drivers Permit Fund. You have eliminated the Solid Waste Management Revolving Loan Fund. And I can go on. You not only have elimini… eliminated those funds, you have said in this Amendment that any money that accrues to those funds, be they private donations or whatever, goes to the General Revenue Fund, not to the fund that it was created for. That’s another lawsuit. Ladies and Gentlemen of the House, we may disagree on where we’re headed and we may…” 09400063.doc 40 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Bring your remarks to a close.”
“Thank… thank you very much. And thank you for the Members who are giving time. I could speak above this din and I could make myself heard, but I’m not gonna do that at this particular point in the day. I have given you and all Members of this Body a very reasonable rationale for not voting for a Bill that, as amended, puts you, in my opinion… I’m not an attorney, but I’ve read this injunction and I think the injunction is very clear. It says clearly that these funds will not be transferred or swept or used for any purpose other than their intended fee imposition to begin with until the court makes a further order. And the court has not made…”
Speaker Turner: “The Gentleman from Jasper, Representative Reis.”
"Mr. Speaker, I’d like to give my 5 minutes to Representative Black.”
“The Gentleman yields his 5 minutes to Representative Black. Representative Black, you may continue.”
“Let me just wrap up my remarks because I’ve been here long enough to know that when no one pays attention on the floor most of you already have your marching orders and most of you already know how you’re gonna vote on the Bill, even though I daresay that I think Representative Sacia made a point about what we are sent down here for. We are not sent down here by the people who elect us to blindly follow the dictates, the will, or the desire of one or two or three people. You are sent down here to read 09400063.doc 41 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 legislation, to balance that legislation with the needs of your district versus the needs of the state. And they expect you to make a reasonable decision based on what you have read, what you have listened to, what ideas you have picked up from people that you represent, and then you vote accordingly. Not in lockstep with someone who tells you this is what I want you to do or this is what I expect you to do or this is what I think you should do. And I notice a distinct lack of material on the other side of the aisle about what fund sweeps are in this Bill. I notice not very many of these injunctions copies are on your side of the aisle. When all is said and done, if you can vote with a clear conscience and then this summer go home or next fall speak to school children about we are a nation of law, we are a state of law, we are sent here to make law, and then look that school child in the eye and tell them but the law doesn’t necessarily apply to the Governor of the State of Illinois, to the au… to the director to the Governor’s Office of Management and Budget, and it doesn’t necessarily apply to certain Members of the General Assembly who were told to vote ‘yes’. This is the court injunction. It is very clear. It says some of these funds will not be transferred until further order of the court. So when you vote for this, as far as I’m concerned, you’re in contempt of court and it’s a contemptible position for you to take that, oh, we’ll settle it later or it didn’t really mean that. Until you have a definitive court decision, the injunction is clear, the injunction should stand, and you 09400063.doc 42 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 should vote accordingly. And the only vote that you can make given this injunction and lawsuits that are sure to follow. I’m gonna look those school children in the eye in my district next fall and I’m gonna say I’m sent here to make law and I do the very best I can to follow the laws that are issued by the judges and the courts of the State of Illinois. The only responsible vote is ‘no’.”
“The Gentleman from Macon, Representative Bill Mitchell, for what reason do you rise?” Mitchell, B.: “Thank you, Mr… thank you, Mr. Speaker. Will the Sponsor yield?"
“He indicates he will." Mitchell, B.: “First off, Mr. Speaker, I would like to request a verification.”
“The Gentleman requests a verification.” Mitchell, B.: “Thank you.”
“You’re within your rights.” Mitchell, B.: “Thank you. Representative Hannig, a couple things. Let’s talk about the agriculture. And I think as the hours and the days go by the people of Illinois, particularly in downstate Illinois, will figure out that this is not a good budget for downstate Illinois and this certainly isn’t a good budget for the agriculture community. Let’s go back to the fund sweeps. Okay? Can you talk specifically, what is Agriculture Incidents Response Trust Fund? You’re sweeping money out of that one.” 09400063.doc 43 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“What… what page of the Bill are you looking at, Representative?” Mitchell, B.: “It’s on my pa… first page. Page 13 of what I’ve got… of the Bill. Page 200.”
“So, Representative, that’s… that’s a part of the fund.” Mitchell, B.: “I beg your pardon?”
“That’s part of the fund that we would sweep with the idea that they’ll have sufficient money to do the items that they need to do this year. If any of their bills that they come… that come due… if any bill that… that come due that need to be paid from this fund and there’s no…” Mitchell, B.: “Mr. Speaker, I can’t… I can’t hear the Sponsor. I can’t hear the Sponsor.”
“Let me… let me just answer and say that if any Bill was presented to the Comptroller that’s due from this fund and there’s insufficient funds in this account, it’ll be paid out of GRF. So no one will lose anything because of this change.” Mitchell, B.: “So it’s going into GRF but if they don’t have enough money it’s coming back to a fund that we don’t know will have enough money to pay it back.”
“Yes, that’s… that’s a safety mechanism that your side of the aisle and my side of the aisle worked out last year when we worked together on a budget and did…” Mitchell, B.: “Well, I… I’ve always voted against these…”
“…and did this kind of thing.” 09400063.doc 44 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 Mitchell, B.: “I’ve always voted against these… But you’re telling me that we’re transferring money into GRF because we don’t have enough money in the GRF. But if these… more money is needed we’re gonna go from GRF back to the funds. It… I mean, people on the outside don’t really understand this accounting system that we have here.”
“Well, Representative, if you’re telling me you always vote ‘no’ on the budget, I mean, I don’t know what… is there anything…” Mitchell, B.: “No. What I’m telling you is what makes sense.”
“…I can tell you that’s gonna help?” Mitchell, B.: “What makes sense? Could you explain the Agriculture Master Fund?”
“Representative, this… these… all these accounts is… are going to be swept at 35 percent with a mechanism so that they… that bills can be paid out of GRF if there’s a shortfall.” Mitchell, B.: “The all…”
“It really doesn’t… it really is not gonna be…” Mitchell, B.: “Specifically, let’s go…”
“…a problem for any of these funds because we set a mechanism in place last year when we worked together on sweeps.” Mitchell, B.: “Let… let’s go the Alternate Fuels Fund. What is that, Representative Hannig?”
“Repre… Representative…” Mitchell, B.: “We’re sweeping a million… over a million dollars from the Alternate Fuels Fund.” 09400063.doc 45 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“And none of the bills that will be presented to this fund will default. All of them will be paid.” Mitchell, B.: “Is… is that… is that ethanol money?”
“All those bills that are presented to this fund will be paid, Representative.” Mitchell, B.: “Are we cutting funding for ethanol, Representative?”
“Representative, I think I’ve answered your question.” Mitchell, B.: “No, I don’t think… are we cutting money for ethanol here?”
“No.” Mitchell, B.: “So what is the Alternate Fuels Fund? What does it do?”
“Representative, what this Bill does and what I’m asking…” Mitchell, B.: “No, what does the fund do?”
“…you to vote on…” Mitchell, B.: “Representative Hannig, what does the fund do?”
“…is a… is a transfer.” Mitchell, B.: “I wanna know what the Alternate Fuels Fund does.”
“Well, maybe you should talk to someone on your side of the aisle.” Mitchell, B.: “You’re the Sponsor.”
“I’m sure that they could tell you.” Mitchell, B.: “You’re the Sponsor of this Bill.”
“Representative, I’m sponsoring a Bill to transfer money from that fund and I’m suggesting that nothing…” 09400063.doc 46 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 Mitchell, B.: “Out of the fund that you don’t know what it does.”
“It doesn’t matter, does it? Because…” Mitchell, B.: “Well, it does if you don’t have any money.”
“It doesn’t because there’s no risk that this fund will lose any money. All bills will be paid.” Mitchell, B.: “Okay.”
“All bills presented to this fund will be paid, so there’s a safety mechanism that your side of the aisle helped us work out last year.” Mitchell, B.: “Okay. Let’s talk about the Income Tax Refund Fund. Now, it’s… your money… you’re transferring money out of that fund.”
“No. No, we’re not, Representative.” Mitchell, B.: “’Cause my staff says you’re going from 10 percent…”
“We’re adjusting the rate.” Mitchell, B.: “…to 9.75 percent.”
“We’re adjusting the rate, which we do every year in the Budget Implementation Bill.” Mitchell, B.: “Are people going to have to wait longer for their tax refunds?”
“Each year the Department of Revenue gives us a number to adjust that fund up or down.” Mitchell, B.: “Will… will they have to wait longer for their refund?”
“No.” 09400063.doc 47 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 Mitchell, B.: “No. Okay. Okay. I’d like to close. I just got this letter from this young couple right next door in Riverton. And they… I think they’re increasingly indicative of the feelings in downstate Illinois. ‘My husband and I have become increasingly concerned… in State Government.’
“Bring you remarks to a close.” Mitchell, B.: “I will. Just I… ‘I don’t wanna sound overly melodra… melodramatic, but I feel the future of our state is at risk. We can’t wait for the next election.’ Thank you.”
“The Gentleman from Crawford, Representative Eddy, for what reason do you rise?”
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
“He indicates he will."
"Representative, I have a couple questions regarding how this is gonna happen. I remember back in… early in the spring the Governor pitched the idea of creating what he called at the time an Education Endowment Fund. And at that time, these funds were going to be swept and $420 million was going to be placed in the fund that was gonna be dedicated for education. Wasn’t… wasn’t that the plan? Three years, a hundred and forty million a year?”
“That’s not what this is, Representative.”
"That’s not what I asked you. I asked you if in the spring the Governor proposed a plan to create an Education 09400063.doc 48 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 Endowment Fund that would sweep a hundred and forty mil… or 420 million at a hundred and forty million a year.”
“Representative, that’s not in this Bill.”
"I understand it’s not in the Bill, but that wasn’t the question. But obviously, you’re not gonna answer the question. Let me… let me… let me just make it perfectly clear to the folks on the other side of the aisle. That plan that we were asked to consider for the cause of setting money aside for education has absolutely been abandoned and Representative Hannig just said so, that’s not in this Bill. This is not about sweeping funds for educating children. This is about taking education funds that are dedicated for education and spending ‘em on General Revenue projects. Earlier in his comments the Representative said that this is excess funds. I gotta tell ya, you wanna try to convince someone in the Illinois Future Corps Scholarship Fund that did not get a scholarship funded last year that there’s excess money in that fund, perhaps the $4,836 that you’re sweeping this… from this fund could’ve paid for a scholarship so someone could teach our children. The Asbestos Abatement Fund for schools. Representative, do you know that all the schools in Illinois that need Asbestos Abatement Funds have already received the funds? Representative. Representative, has every school in the State of Illinois that wants asbestos abatement funding been funded at a hundred percent of their request?” 09400063.doc 49 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Representative, I don’t think this Bill deals with that issue.”
"The Illinois School Asbestos Abatement Fund will be swept at a hundred eighty-three thousand, one hundred and ninety-one dollars Your earlier comments were, ‘these are excess funds’. So that would lead one to believe that every school in the State of Illinois that needs asbestos abatement money already has it.”
“Every… every voucher that’s presented to the Comptroller to be paid out of this fund will be paid. If there’s not sufficient funds in this account it will be paid out of the General Revenue Fund. So, my point is that it will have no affect on anything that occurs within any of these funds.”
"Yeah. Will they be paid like the Medicaid payments that are a hundred and fifty days late? Being paid in a timely manner is a little different than being paid. And this administration has shown an inability to pay providers for services. That same inability is being shown in other areas. Let’s look at another one. The ISBE Teacher Certificate Institution Fund, a hundred and twenty-two thousand dollars. The School District Emergency Financial Assistance Fund, $2,130,000. Park District Youth Program Fund, $4,899. Ladies and Gentlemen, please take a look at what you’re doing here. People pay money… fees for a purpose. They believe what they’re paying is going to support a cause. This is almost sinister. This is lying to the people of the State of Illinois and us supporting 09400063.doc 50 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 it. You need to look at what you’re doing here. You are taking money from children, you are taking money from funds that are meant to support people who have been victims of sexual assault. The Sexual Assault Services Fund is being swept for $12 thousand. Representative Hannig, try to convince someone who has been assaulted that this is excess money. That’s what you’re saying. These are excess funds. These funds are lying there with no purpose but there are people that are not being served by the intention of the fee that they’re paying. Ladies and Gentlemen, I’ve met a lot of you on the other side of the aisle and I believe you to be good, honest people. You are being led over the cliff like lemmings if you support this kind of fund sweep. This is absolutely outrageous.”
Speaker Turner: “The Gentleman from Lake, Representative Mathias, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Representative yield?”
“He indicates he will."
“Representative Hannig, does this Bill authorize IDOT to make grants with regard to paratransit services?”
“It gives them the ability to do so, Representative.”
“Is… is that a new program?”
“This is the substantive side so, Representative, it does authorize IDOT to do that.”
“Is there a reason? It’s my understanding at the present time that the RTA funds paratransit services. Why is it necessary for IDOT to be involved with this?” 09400063.doc 51 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Representative, I… I think that there…”
“I’m sorry, I can’t hear. There’s so much noise going on next to my desk.”
“If we can have a little silence, gang, we can continue to move forward. If you would just bring the noise level down. Representative Mathias.”
“I think Representative Hannig was about to answer my last question.”
Speaker Turner: “Representative Hannig, did you hear the question?”
“I did not, Representative. Could you repeat the question?”
“Yes. Why is it necessary for IDOT to… why is it necessary to authorize IDOT to start a new program when the RTA is currently funding paratransit at the… at the present time?”
“Well, Representative, I think we’re trying to deal with the… this issue and we wanna run… make it possible for IDOT to make grants in this area.”
“Could this money be used to give money to the CTA?”
“It… it… the Department of Transportation would be authorized under this Bill to make grants on paratransit.”
“But at the present time, as I said before… so this would be additional funding to paratransit that we don’t have today. Is that correct then?”
“There’s no funding in this Bill. This is not a spending Bill. It… it authorizes the Department of Transportation to make…” 09400063.doc 52 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“I’m assuming you’re also gonna be doing the budget Bill later today.”
“That’s correct.”
“Do you know if there’s any money to implement this authorization?”
“It’s my understanding that there is, Representative.”
“Do you know how much money will be put into the budget to implement paratransit?”
“I think it’s about 54 million.”
“Fifty-four million. That’s… and do you know where that money will be going to?”
“I think primarily to the RTA.”
“So, you think the money will be going to the RTA, but the RTA already collects funds for this. Is it possible that the RTA could give some of that money to the CTA?”
“Is it possible? I suppose it is.”
“Or do you think it’s probable?”
“Representative, I’d rather not speculate on what these agencies might do.”
“Well, I’ll tell you what, let me speculate. I… I… to the Bill.”
“To the Bill.”
“I believe that the way it’s set up right now the RTA, under a previous Bill that we enacted previous in this Session, the RTA was going to give funds to PACE for paratransit. And that fund… those funds were right now discretionary funds that were given to the CTA. So, if the state decides to give additional funds to the RTA for 09400063.doc 53 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 paratransit then the RTA won’t have to take those funds from the CTA and, of course, they can keep those. I believe it’s $46 million… somewhere between 46 to 50 million dollars that the CTA could keep, even though they won’t be running the paratransit program anymore since PACE will be running. That’s my speculation. And I hope you look into this when we come into… when we look at the budget Bill later I’ll try to follow through on that. Thank you.”
Speaker Turner: “The Gentleman from… the Gentleman from McHenry, Representative Franks, for what reason do you rise?”
“…Speaker. I… I’ve been thinking about this for awhile and I have heard… I’ve been listening to the speakers from the other side of the aisle and I agree with most of what you said. And I’m… and I’m reading the Bill, Amendment #2, and one portion that I… you guys talked about a lot of the other things, but one portion that I focus… I’m focusing on is on page 6 of the Amendment which gives more power to the Department of Central Management Services to provide more professional services and other services not only to the state agencies but also to the Toll Highway Authority and the Illinois State Board of Education. And on one of the lines that we’re looking to sweep they’re talking about the Efficiency Initiatives Revolving Fund. Now, we’ve been having a series of hearings in the State Government Administration Committee and we… and also, as you know, there’s been an audit of these efficiency initiatives and 09400063.doc 54 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 there is much discussion on whether there’s been savings and how much. But we do see a line here sweeping over $6 million of the efficiency initiative’s, which I’m wondering where they came up with that number when we’ve had these hearings and such and they have not been able to justify that. And I find that to be very disconcerting. Also, I’m worried when we have CMS more power, when they are right now an agency that’s under investigation by both the Attorney General and the Inspector General for exactly these efficiency initiatives. And it concerns me because when we were having our hearings what we found is how the budget was being used is that these efficiency initiatives were sent over from the Governor’s Office of Management and Budget and not from CMS. So the Governor was plugging in the numbers of how much was supposed to have been saved, though there was no real rationale for it. And as a result, instead of using line items, the money was swept into a GRF and that’s a problem here because I think it circumvents what we’re trying to do. So that’s… I think we need to maintain the line items here and that’s what worried me with the… with the CMS and I’m concerned about giving them more power. I don’t consider this a sweep. I think it’s an elaborate money laundering scheme on how things can be moved around. So, that’s why I’m standing in opposition to this because that’s how I see it’s done and we have to rein in what I think is an agency that’s gone amok.” 09400063.doc 55 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
Speaker Turner: “The Gentleman from Lake, Representative Sullivan, for what reason do you rise?”
“Thank you, Mr. Speaker. To the Bill.”
“To the Bill.”
“Ladies and Gentlemen, there was a Represent… there was a Representative that just spoke about the CTA. I wanna go back a few days ago in regard to a Bill that was passed for paratransit. And in that debate the speaker said, and I quote, ‘Let’s be honest here about what this is being… what this is doing.’ And so, I want to go back to honesty. This honestly is a CTA bailout that’s gonna be to the tune of $52 million. This is a shuffle game. Anybody that votes for this and the corresponding Bill is going to vote to bail out the CTA with no route review, no audit, and no fare increase. So let’s all be honest about what’s gonna happen here. We know this is a shuffle game and just be honest about it. Vote ‘no’.”
“The Gentleman from Champaign, Representative Rose, for what reason do you rise?”
“To the Bill, Mr. Speaker.”
“To the Bill.”
“I rise to echo Representative Jim Sacia’s comments. I want my vote back yesterday. Yesterday I stood here, Senate Bill 1180, and voted for a fee on traffic fines that I thought was gonna go law enforcement. I thought it was going to go to my friends that I was a prosecutor with. I thought it was gonna go to my friends at the Law Enforcement Training Standards Board. I voted for that fee 09400063.doc 56 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 yesterday in good faith and less than 24 hours later it’s swept, swept. We were told yesterday that wasn’t gonna happen. I want my vote back.”
“The Lady from DuPage, Representative Bellock, for what reason do you rise?”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?"
“Indicates he will.”
“Thank you. Representative Hannig, I wanted to question you on this, the Child Support Administrative Fund. For the last 7 years since I’ve been here, we have worked as a coalition to help change the child support system in Illinois. It’s like beating your head up against a wall. There’s over 260 thousand outstanding accounts for women who need child support in Illinois. All I get every day, the first thing in my office, is calls ‘cause my number is on a national website for not helping women in Illinois. We spend the first two hours of every day answering questions from women saying, ‘No one in the State of Illinois in Public Aid or any agency will help me.’ And now, I see. There’s over billions of dollars owed to these women and children. Now I see a sweep of Child Support Administrative Fund of $1,117,266. How do we explain that to the women that call every day asking for someone to help them?”
“I’m sorry, I didn’t realize you were asking a question, Representative. Could you repeat your question?” 09400063.doc 57 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“The question is, there’s over 260 thousand accounts of women and children in the State of Illinois that need child support. They call our offices every day saying that no one in the State of Illinois, in Public Aid, Child Support, any other agency will give them any help. There’s billions of dollars outstanding that are owed to these women and children. If there’s one thing that can help this self sufficiency of women and children in Illinois, it’s child support payments. And I take a look this morning at the funds that are being swept and one of them says Child Support Administrative Fund, $1,117,000. How do we explain that?”
“Well, Representative, again, my point is that we will sweep about 35 percent… exactly 35 percent from all of these funds with the safeguard that if a bill is presented to the Comptroller and there’s no money in the fund it will be paid out of GRF. So I don’t see that it’s gonna have any affect or cause anyone who presents a bill to the state not to be paid. So, it should be something that we will not see at all.”
“I can’t understand that because all we hear from the Public Aid people is that they just don’t have enough money in administration to help secure these funds and these accounts for the women. So this suggests to me that there is going to be less money.”
“Well, Representative, may… maybe one of the things we could do is look on the spending side. But I mean, this 09400063.doc 58 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 is… this is not a spending Bill. You know, we could… we could…”
“Isn’t it you’re taking the money from the Administration of Child Support?”
“We are… we are taking 35 percent of that fund and putting it into General Revenue Fund with the understanding that and the belief that there’s adequate money in this fund so that all the bills that are presented to this fund will be paid. If I’m wrong, there’ll be paid from the General Revenue Fund.”
“So you’re…”
“So I don’t think anyone’s gonna come in and… and have a voucher that we’ll have to say we can’t pay. So it should not have any affect on… on operations in that respect.”
“I’m asking you, Representative, to take this fund out of this. Thank you.”
Speaker Turner: “The Gentleman from McHenry, Representative Tryon, for what reason do you rise?”
"Thank you, Mr. Speaker. Will the Sponsor yield?"
“Indicates he will.”
"Thank you. Now, you know, I’m obviously a new Member here, Representative Hannig, so I’ve got a lot to learn. And certainly, it’s been a learning experience, I can tell ya that.”
“And you’re doing a wonderful job, Representative.”
"And I am not one of these impassioned speakers or great speakers like a Molaro or a Bill Black, I just go to the 09400063.doc 59 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 common sense things like you’re taking money out of some pretty important funds and now you’re gonna try to convince me it’s okay ‘cause we’re gonna put it back if we need it later. Only… we can only put it back if we need it later if we have it, right? Is that correct?”
“Well, rep… Representative, it would come out of the General Revenue Fund.”
"Right. Okay, I’m gonna talk about two small funds here. One’s called the Community Water Supply Lab Fund. Do you know what that fund is?”
“Representative, let me be the first to announce that I don’t know what all these funds do. All I know is that we believe that there is surplus money that we can use in these funds but we set up a process last year… it was a bipartisan, process that we set up so that if any of these funds have bills that are presented to them and they don’t have the money we pay them out of GRF. So the thought is that all bills that are pre… that are presented to the state that are legitimate will be paid.”
"Well, here’s a problem with that. That’s the fund that does the water testing for our cities and our villages throughout the State of Illinois so that we have safe water. The people that pay for that fund is the cities and the villages, so that’s their money. All right? That’s about 20 percent, 25 percent of the total cost of the program. And I would agree with you that maybe you could do some kind of grand scheme like transferring this money in to use it as a revenue source so we can booster up the 09400063.doc 60 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 revenue side of the budget so we don’t have to get cuts if I knew that it was actually working. But last… last year in that fund and the fund called the Environmental Lab Certification Fund, when it came time to hire people to do the work, they couldn’t do it. Now, you’re trying to tell me that if they come and they ask you, gee, we need some of that money released so we can hire the employees to do the work, to do the testing of the water of our cities so we know we’re drinking safe water, you’re telling me the Governor or whoever’s gonna say okay?”
“Representative, the Governor will… and his people who run these agencies will live within the budgets and the rules that we all established. But what we’re doing here is setting up a process where we will have some monies available to us but with some safeguards to ensure that all people who present bills to the fund will be paid.”
"Would you be surprised if I told you that’s not the way it worked last year?”
“Representative, I was advised that there were a couple funds that came to the state and did receive GRF funding and… I think about a million dollars worth. And I’m advised that the Prompt Payment Act actually applies to these so that if someone is waiting in line, they collect interest.”
"Well, it didn’t work and that’s why I can’t support this. And I… I guess my question is… is you’re just doing a straight across the board sweep instead of looking at fund balances that may have excess cash positions that you 09400063.doc 61 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 could use. I think this is financially irresponsible and I’d like to speak to the Bill. You know, coming down here and watching the General Assembly put a budget together has been a real treat because you could not do this on a school board, you could not do this in a county board, you could not do this in a city council. I saw this budget at 10:00 this morning and I’m expected to vote for a $24 billion budget that taxes the people in my county and around the State of Illinois. I came down here to do the work of the people. I didn’t come out here to do the work of the people before May 31. If I have stay ‘til December, I’m gonna do the work of the people ‘cause I wanna do what’s right. This is not what’s right. This is what’s wrong. This is a bad Bill. This is a Bill that takes funds from the poorest of our poor people. It takes funds from the public that we need to provide things like safe water testing, safe disease prevention, safe monitoring of our communities. I can’t support that, nor can I support gettin’ this kind of Bill laid on me at the last minute. You know, you’re talking about raiding pension funds. You know what? What we do here today is important for the next 40 years. But what we do here today we’re gonna have to live to when we go home. This isn’t selling in the Rotary Clubs of Illinois, at the churches of Illinois. I called home yesterday, my wife says, ‘What’s going on in Springfield? Everywhere I go they talking about this today. Are they really gonna take money from the pension funds?’ So I think when we get home our constituents are 09400063.doc 62 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 gonna tell us they don’t like this kind of budgeting. They don’t like what it…”
Speaker Turner: “Bring your remarks to a close, Representative.”
"Okay. Well, I’m gonna tell you this, I’d like to yield what time I have left to Representative Parke.”
“And we’ve heard from him. The Gentleman from Knox, Representative Moffitt, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“Indicates he will.”
“Representative, we received a list of fund sweeps earlier today and then when we come on the floor a little bit ago we got a revised list. Is that correct? At least we did. The fund sweeps proposed has been changed.”
“Yeah. I… I think, in all fairness, Representative, Amendment #3 changed some of those sweeps.”
“Okay. Now, I want to make sure I understand correctly. You’ve indicated that any fund that you’re concerned about… and I think all of us should be concerned about all these funds. But you don’t need to fear loss of funding because if it needs it, it will be funded. Is that what you have committed to? Is that what you’ve promised?”
“What I’m saying is that any check that’s presented to these funds for payment that the Comptroller says legitimate… is legitimate, that they will be paid. They’ll be paid out of the fund that’s the dedicated fund or, if need be, out of GRF. So I don’t think you’re gonna have vendors coming back to you or citizens coming back to you 09400063.doc 63 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 saying that, well, they won’t honor my check… or my voucher.”
“So even though the fund balance is zero, if more bills come in that were legitimate claims they’d be paid?”
“From General Revenue.”
“Okay. Now, in the change of funds, the list, I noticed that the earlier list I had included the Mammogram Fund being swept, stolen, taken. The revised one is not in there. Why was that taken out?”
“Representative, that was not supposed to be in there when we presented the Bill in committee yesterday. So this just actually catches up to where we… where we actually thought we were when we presented the Bill.”
“But if… if there’s no fear of losing the funding, why would it matter? You’re… you’re telling us it would be paid regardless.”
“I’m sorry, I didn’t… I didn’t hear the question.”
“You’re telling us it would be paid. So, I mean, why would it be a problem if it was in there because you’re assuring us the payments would be made?”
“Well, Representative, we made a judgment just like we did last year on what we… what funds we thought would have some surpluses, that we thought that could operate the entire year without running out of money. So it… it’s not every fund in the State of Illinois. Some funds if we took 35 percent they… they would run out of money and we’d be back from taking it… giving it back from GRF. So… so these are the funds that we felt were sufficient. Last year we 09400063.doc 64 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 swept about 260 million and we ended up giving back about 1 million. So, less than one-half of 1 percent actually went back last year and we hope that we can do as well this year.”
“Okay, another one that was on the first list was Police Memorial Fund and then the revised was taken out. Can you tell us why that changed?”
“I’m sorry again, I couldn’t hear the question, Representative.”
“The original list included the Police Memorial Fund. The revised list, it’s not included. Why that change if these are funds that are gonna be…”
“Representative, that… that was never supposed to be on that list. Representative Holbrook asked me about that some time ago, I advised him it wasn’t on the list. I don’t know how it got on the list yesterday but we found our error and we corrected it. It was just… it was just an honest error, Representative.”
“And how ‘bout the State Police DUI Fund?”
“It… again, I’m not… what’s the nature of… you’re asking that it was…”
“Yeah, why… it was on the first list, then it’s been taken out. And again, I… we’ve been assured that these funds will… payments will be made so there’s no fear, no problem in they’re on there.”
“Well, Representative, the reason we… we didn’t include all of the lists of all the what, thousands of funds around the State of Illinois, is because there is a recognition 09400063.doc 65 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 that some of the funds if we swept 35 percent, would run out of money and that they’d simply then come back to GRF. So, we tried to do a select group of funds that we felt had adequate money and… and that’s what this list is. Now, when we drafted the list there was some mistakes. We didn’t change our opinion of which… which funds we should… we could sweep or not, we just made some mistakes when we drafted the Bill.”
“I assume it’s the same on the Violence Prevention Fund. It was on the first list and not on the second.”
“That’s correct, Representative.”
“To the Bill. We… we’ve heard some excellent comments this afternoon during this discussion, far more eloquent than I can present. But I would just submit to all of you, my colleagues on the other side of the aisle, when I’m traveling around my district and different parts of the state I assure you that the people of the State of Illinois don’t want a budget to just be a Democrat budget or just a Republican budget. They want it to be a bipartisan budget. That was my objective. The way this is presented and the way it’s being… going about, I believe it’s gonna be pretty much, if not all, one-sided. We should be working toward a bipartisan budget and sweeping funds, taking money that belongs to other people for other uses is no way to go about it. The only right vote on this in the best interest of the State of Illinois is a ‘no’ vote. Thank you.”
Speaker Turner: “The Lady from Cook, Representative Eileen Lyons, for what reason do you rise?” 09400063.doc 66 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 Lyons, E.: “Thank you, Mr. Speaker. Will the Sponsor yield?"
“He indicates he will." Lyons, E.: “Representative, you have been asked over and over again about funds that are being swept and you keep reassuring, as you did in committee yesterday, that any fund that is swept that’s going to have an impact that those… those people will be paid out of GRF.”
“That’s correct, Rep…” Lyons, E.: “Correct?”
“That’s… that’s what I have been saying. You’re correct.” Lyons, E.: “So, you’re talking… you know, right now we don’t pay our bills now out of GRF. We have so many unpaid bills now and you’re contending that despite the fact that we have unpaid bills, we’re gonna be able to pay off anybody who submits a voucher, it’ll come out of GRF, everybody’ll be happy.”
“Well, Representative, there is a provision that would apply to any bills presented to GRF that… that would get into the payment cycle that we would… that the Prompt Payment Act does apply to these. So I think that the Comptroller and the state has an incentive to pay these bills. We… we agree with you. We don’t want ‘em to linger out here, we want ‘em to be paid.” Lyons, E.: “Well, again, in committee we talked about the Bank and Trust Company Fund and the Savings and Residential Finance Fund and the fact that there is an injunction preventing the raiding of that fund, but despite that 09400063.doc 67 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 injunction you said you think you can… have you filed an appeal to that injunction?”
“Representative, it’s my understanding that there’s some court proceedings that are… that are ongoing based on some language that we passed in the 2005 budget. So we’re suggesting as we go forward in the 2006 budget, we believe that we’ll prevail on that court case, we may not, but we believe that we’ll do and we’re including language that allows us to go forward so that we can capture money that would be available for us should we win the case.” Lyons, E.: “Again, my question is have you appealed that injunction? You can’t just disagree with an injunction. You either have to appeal it…”
“Representative…” Lyons, E.: “And there are… there are lawyers on your side of the aisle who take an oath of office. They are officers of the court. They are going to be in contempt of court if they vote for this Bill because you’re saying that you are going to go ahead despite that injunction, correct?”
“Representative, I couldn’t hear your question.” Lyons, E.: “You insist you will go ahead with this raid on these three funds despite the injunction because you think you will prevail. You can’t…”
“Represent…” Lyons, E.: “…think you’re going to prevail. You can’t act until you do prevail.”
“Representative, we heard debate yesterday on medical malpractice where certain people stood up and said, ‘You 09400063.doc 68 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 can’t vote for this malpractice Bill, it violates the Constitution.’ Well, I don’t… I’m not an attorney, I don’t know if it violates the Constitution. The courts will litigate it, they’ll make a decision. I think the same thing’s true with this. The courts will litigate this language from ’05 and they’ll make a final decision. It could be appealed but we’ll come to some conclusion some day and we’ll abide by that.” Lyons, E.: “My point is you cannot act until you get that decision and anybody who does act before that decision is in contempt of court. And I don’t know how any lawyer on your side of the aisle can vote for this and be in contempt of court. I wanna get back to… to the Child Support Administration Fund. So many of us in COWL and on both sides of the aisle worked to… Speaker Madigan even set up a Child Support Enforcement Committee so that we could get this state on the right path as far as child support is concerned. And yet, again, you’re raiding that fund. I don’t know how anybody in good conscience can vote for this Bill. You should be ashamed of yourself.”
Speaker Turner: “The Gentleman from Cook, Representative Delgado.”
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“He indicates he will."
“Representative Hannig, just for… as Chair of Human Services and working with the issue… on page 22, and this is more for clarification for my point, on page 22, lines 4-9 of Senate Amendment #1.” 09400063.doc 69 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Representative, there’s… there’s three… three budget implementation…”
“I withdraw my question, Mr. Speaker. I withdraw the question at this moment.”
“Mr. Hannig. Representative Hannig to close.”
“Thank you, Mr. Speaker and Mem…”
“We’ll give you as much time as you need.”
“Thank you, Mr. Speaker and Members of the House. This is the budget implementation for the year 2006. It isn’t very much different than the kind of budget implementations that we passed last year and the year before and the year before that. It has some language for sweeps that had been agreed to in the past by the other side of the aisle. It’s not agreed to this year by the other side of the aisle but certainly we gave them the list and an opportunity to at least talk with us at some of the early meetings as to what items they thought were appropriate or not. But in any case, it’s not very much different from what we’ve done year in and year out. So, we need to put together a budget this year. This is one part of this plan to adopt a budget. It’s mostly technical in nature. Again, it’s things that we do on a mostly recurring basis and I’d ask that we pass the Bill.”
“This is final action, Ladies and Gentlemen. I wanna ask all of the Members to re… realize that a verification has been requested. So every Member should punch his own button, you should be in your seat prepared for the verification. We’re trying to move this process 09400063.doc 70 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 along. The question is, ‘Shall the House… shall the House pass Senate Bill 661?’ All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question… Representative Hannig.”
“Mr. Speaker, I’d ask that this be put on Postponed Consideration.”
“Postponed Consideration is granted. On the Order of Second Reading we have Senate Bill 1548. Read the Bill, Mr. Clerk.”
"Senate Bill 1548, the Bill’s been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2, offered by… Floor Amendment #2, offered by Representative Hannig, has been approved for consideration.”
“The Gentleman from Montgomery, Representative Hannig, on Amendment #2.”
“Yes, thank you, Mr. Speaker, Members of the House. This is the spending plan for the FY ’06 budget year. I’d be happy to answer any questions and explain it more in detail on Third Reading. At this time I just ask to adopt the Amendment.”
“The Gentleman from Cook, Representative Parke, for what reason do you rise? The Gentleman from Vermilion, Representative Black, for what reason do you rise?” 09400063.doc 71 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Thank you very much, Mr. Speaker. I have an inquiry of the Chair.”
“State your inquiry.”
“Can you tell me the time and date that this Amendment was filed with the Clerk?”
“Mr. Clerk. We’ll be with you momentarily, Representative Black.”
"Floor Amendment #2 to Senate Bill 1548 was filed at 11:04 a.m. today.”
Speaker Turner: “The Gentleman from Black, Representative Vermilion.”
“Mr. Speaker, I just hope that everybody in the House heard that revelation from the Clerk of the House. This budget Bill is approximately 1 thousand pages in length and it was filed at 11:04 a.m. and everybody here is expected to vote on a massive budget Bill that staff is working its way through as quickly as they can. And I daresay, most of us on the House chamber do not have a copy of this Bill. We’re lucky if we have a very brief staff analysis. This is one heck of a way to run a $53 billion business. You wouldn’t give the board of directors of any business in this or any other state the budget for a fiscal year of that amount of money… you wouldn’t give any board of directors a budget Bill at 11:00 in the morning and then call it for a vote at 2:30 in the afternoon. If we can’t figure out a better system to do the work of the people and how we spend their money… this isn’t state money. It isn’t our money. It’s taxpayers’ money. And we’re… we’re being 09400063.doc 72 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 asked to spend 50-plus billion dollars of their money in a Bill that none of us have seen for longer than 3 hours. In fact, most of us don’t even have a copy.”
“The Gentleman from Cook, Representative Parke, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“He indicates he will."
“Representative, what is the total budget for the State of Illinois under this Bill? Mr. Speaker, I am sorry. I can’t hear the Gentleman’s answer.”
“Neither can I.”
“Well, can we get some order? You are the Chair, Sir.”
“Ladies and Gentlemen, can we please have some order in the House? Can we have some order in the House? We could limit the debate if we listen to each other as we speak. I would ask that we bring order to the House.”
“Is it…”
“Representative Hannig.”
“Is it that, Representative Hannig, you’re having trouble finding out how much money in there because you haven’t had a chance to look this over either?”
“Representative, we ha… we… we provided your side of the aisle with a draft of the budget last night and we had hearings in the Appropriation Committees this morning at 8:30 and I presented to the Higher Education Committee the budget from that… from that point of view. So no, that’s not the problem. I can read you the numbers. Do you wish the numbers for all funds or GRF?” 09400063.doc 73 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Just GRF.”
“The appropriation is $24,378,371,332.”
“Okay. Thank you. To the Amendment. Mr. Speaker, I am pointing out that the Gentleman has to read it off of a… off of the document there because he doesn’t know. The reason he doesn’t know is that even the Representative who is presenting this legislation today has just gotten it himself. Yet, here we are having to make a decision on Amendment #2 to the budget that we will be voting on shortly as soon as this Amendment is adopted. This is an outrageous way of doing business. This budget will ultimately be about 53, 54 billion dollars and we don’t know what’s in this document, our staff hasn’t had time to look it over. Yet, here we are, the last day under the Democratic Leadership that now we’re gonna spend the taxpayers’ money. This is outrageous. I cannot believe the people of Illinois will allow you to continue to have control over this chamber. And I hope in the future that we are able to get control so that at least we can respect your side of the aisle and give you a lot more time to review these pieces of legislation to make sure that we’re making good votes. Obviously, the last vote that was taken failed. The last Bill that was failed because Members of your side, to their credit, said there was not enough information, not enough time. Ladies and Gentlemen, this Amendment will go on but we will then take this Bill to task. This is a outrage of what we’re doing in amount of time for us to look it over.” 09400063.doc 74 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Seeing no further questions, the question is, ‘Shall the House… the question is, ‘Shall the House adopt Amendment #2 to Senate Bill 1548?’ All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the ‘ayes’ have it. And the Amendment is adopted. Further Amendments?”
"No further Amendments. No Motions filed.”
Speaker Turner: “Third Reading. The Gentleman from Cook, Representative Parke, for what reason do you rise?”
“You’re moving the Bill to Third Reading. Is it in your intent to call it right now?”
“Sure is.”
“Okay. I just wanna make sure that I have an opportunity to discuss the Bill when it’s… after the Sponsor presents it. Thank you.”
“You just used 30 seconds. The Gentleman from… Read the Bill, Mr. Clerk.”
"Senate Bill 1548, a Bill for an Act concerning appropriations. Third Reading of this Senate Bill.”
Speaker Turner: “The Gentleman from Hannig… I mean, the Gentleman from Montgomery, Representative Hannig.”
“Thank you, Mr. Speaker and Members of the House. This is the fiscal year ’06 budget that provides for spending of all funds of $57,926,059,042. And I have to tell you, each and every year I read it off a sheet, Ladies and Gentlemen. I do not have this memorized. The GRF amount is $24,378,371,332. The biggest amount of money that I think we’re all interested in, in how it’s spent, is an 09400063.doc 75 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 additional $314 million for K-12. This would increase general state aid by $200 at the foundation level and hold harmless the poverty level spending at last year’s amount. That amounts to $215,108,400. We would increase the Average Daily Attendance Grant by 10 million. Mandated categoricals would be held at last year’s level of 97.1 percent peroration. Early childhood would be increased by 30 million and some after school programs by 12 million. In addition, we would provide for an additional $250 thousand to reduce home delivered meals waiting list, $45.9 million for the Community Care Program to increase… to provide a living wage for homemakers. Agriculture would see a $5.5 million for grants for Soil and Water Conservation District, 800 thousand for the Ag First Program for ag-valued business endeavors. Eleven point eight million for the State Cooperative Extension Service. The Department of Cha… Children and Family Services has seen a reduction in their… the number of children that they… that they deal with from 51,600 to cases of 18,159 children by the end of ’06. Two million dollars that will leverage some federal money to… from… at DECO to provide technical assistance to both rural and urban Illinois companies to increase the skill level and competitiveness of Illinois workers. Five million for the digital divide. We would fully fund the Comprehensive Health Insurance Program so that everyone who files a claim will be paid. The Department of Corrections will be maintained, there’ll be no facility closures in this proposal. And the $2.8 09400063.doc 76 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 million Operation Searchlight that the Governor has initiated will be funded for parole. Five point five million dollars will be added to the Illinois Environmental Protection Agency to clean up illegal and open dumps. The Governor’s Office will be re… the operations of the Governor’s Office part of the budget will be reduced by 434,400. In higher education there’ll be an increase of 11.7 million to the Monetary Awards Program to supplement need-based grants and 3.7 to in… to include the Chance Program. In Human Services we would provide for a 3 percent cost of doing business adjustment for our community mental health providers, our community developmental disability providers, and our community substance abuse providers. A million dollars that was cut from Teen Reach in the past will be restored. In the Department of Natural Resources we’ll have $1.9 million in restoration to the Conservation 2000 Program, $1.4 million for the Water Development Program, $5 million for the purposes of public museum grants, a million dollars for the Sparta World Shooting Complex. The Secretary of State will streamline… will be provided money to streamline his operations. So those are the highlights, I think, and there’s obviously many more. I wouldn’t have time to read them all. But I think if you look at the spending plan that we are being presented today, first of all, I would suggest that it isn’t very much different from what the Governor proposed to us back in the winter time. But it has been debated by the Members our… of our Appropriation Committee and their 09400063.doc 77 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 feedback has been incorporated, along with that of the Senate Members, into this document so that I believe that we’ve improved what already was a good budget that Governor Blagojevich gave to us back in January. So, Ladies and Gentlemen of the House, this is an opportunity to move forward on education funding, to move forward on human services funding, to move forward on issues that are important to many of us, like myself, in downstate Illinois. I believe it’s a good budget. I’d ask for your ‘yes’ vote and I’d be happy to answer any questions.”
Speaker Turner: “The Gentleman from Morgan, Representative Watson, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“He indicates he will."
“Representative, are there… does this budget include any new funding for agricultural initiatives?”
“Representative, I… I… Yeah, I think what we have, Representative, is that there’s the 800 thousand for AgFirst.”
“Mr. Speaker, I can’t hear.”
“Representative Watson, there’s the $800 thousand for the AgFirst for the Value Added Business Program, there’s 5.5… $5.5 million for soil and water conservation districts, and there’s $11.8 million for the State Cooperative Extension Services that are in… that I… that are under the Department of Agriculture.”
“And is there a new line item for Cook County Extension for Ag?” 09400063.doc 78 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“That’s correct, there is, Representative.”
“And how much is that?”
“It’s $5 million, Representative.”
“And how much are we spending on Agri First (sic- AgFirst)?”
“It’s a total of 800 thousand, Representative.”
“And so we’re gonna put 5 million in Cook County Extension Office and we’re only gonna spend 800 thousand on Agri First (sic-AgFirst) projects?”
“Representa…”
“Does that… does that seem misplaced to you, Representative?”
“Representative, there’s also, for example, monies in the budget for things that you and I like over in Jacksonville. There’s some people that we were trying to address and people from the Cook County area asked that we add this money in as well. So, I… ya know, I don’t think that one part of the state has a monopoly on asking for things in the budget. We have the Sparta Shooting Center. Ya know, that’s something that… that definitely is downstate. Most of the Natural Resource’s money is all downstate. So, there’s… there’s, I think, things in this budget for all parts of the state. And I think that’s good.”
“I… I understand, Representative, and… and I agree to a point. But if we spend $5 million for an extension program in Cook County when they have one farm in the entire county and we only spend $5.5 million on soil and water 09400063.doc 79 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 conservation district spending, I think there are some misplaced priorities here. I think if you ask Members of the Black Caucus how would they’d rather spend that $5 million they would probably come up with a better way to do it than Cook County Extension.”
“Well… but Representative, this is for youth development. And I think it’s important for us, particularly in downstate Illinois, to make people all around the State of Illinois understand the importance of agriculture. And… and clearly, most of us who grow up in the downstate area, we see it everyday. But I think it’s important that the people in Cook County and the City of Chicago have an opportunity to learn about this as well.”
“Thank you. Mr. Speaker, to the Bill.”
“To the Bill.”
“You know, I know that we have a new coalition now. Last year we had a coalition of the willing and this year I’m not sure what you would call this coalition. But things have changed. And when people say that this budget is similar to the budget we had last year, there is one big difference. There is one party driving this budget. And at the end of the day when the smoke clears there’ll be one party that’ll be responsible for it. Forty years from now my daughter… my 6-year-old will be 46 and she will be saddled with your pension debt that you passed yesterday. Now, I realize that this new coalition wants to move State Government to Chicago and I realize that this new coalition wants… believes that the flagship universities in Illinois 09400063.doc 80 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 are in Chicago. I even realize that this new coalition thinks that every single important transportation project in this state is in Chicago. But I had no idea that this no… new coalition thought the center and the hub of agriculture for this state was in Cook County.”
“The Gentleman from Cook, Representative Parke, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“He indicates he will."
“Representative, this is the budget Bill. Can you tell us, is this the Bill that is being funded by not paying into the pension system?”
“Representative, this is a spending Bill that appropriates fund, General Revenue funds and other funds, to be spent.”
“And this is the funds that come from that… and I… by the way, Mr. Speaker, before I go any further, I would like a verification of Roll Call.”
“Your request will be honored.”
“Thank you. Is the money to pay for this fund coming from the underfunding of our pension system? Is that the bulk of the money comes from to pay this budget?”
“Representative, it’s a 50-some billion dollar budget. So money comes from various sources that we collect.”
“So part of it though is…”
“The biggest amount of money that we collect… probably the single biggest amount is the income tax and the sales 09400063.doc 81 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 tax, followed by the motor fuel tax. Those are your three big hitters.”
“Yes. So the answer is ‘yes’. Part of the funding for this budget comes from the underfunding of the state’s five pension systems. Now, it is also our understanding, Representative, that the Governor’s Office of Management and Budget has stated that memorandums of understandings have been signed stipulating some of the spending associated with the budget. Are these memorandums of understandings available for review?”
“Representative, I have not signed any memorandum of understanding.”
“I didn’t ask if you did. I said that there are. Can we have access to those memorandums of understandings?”
“I would suggest that if you’re aware that people have signed those that you should ask for copies of them.”
“Well, the Governor signed them and the staff, right?”
“I don’t…”
“I mean, that’s who’s supposed to be doing this.”
“I have not signed any and no one has signed any for me. So, all I would suggest if… if they are out, and they may very well be, Representative, you should ask the Governor’s Office for a copy.”
“Okay, I think we will. I think that’s a good idea. I thought perhaps you might know that. Are these memorandums of understanding have… do they have legal standing if they haven’t been made available to the public? Would you know that?” 09400063.doc 82 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Representative, I… I do not know that. And my abilities as a lawyer have been greatly attacked already today so I… I will just refrain from answering.”
“Well, I understand and I appreciate. You’re… you’re the guy that’s presenting the Bill, though…”
“That’s correct, Representative.”
“…so I’m gonna have to continue. I mean, you know, with the glory comes the heat. So…”
“Certainly, Representative. I understand.”
“Okay. Since over $2 billion has been raided from the pension funds and excess funds exist to provide Member projects, can you commit that there will be no need for a supplemental for fiscal year ’06?”
“Representative, I was elected in 1978. I… I got to be sworn in in 1979 and I can’t remember a single year where we didn’t do a supplemental appropriation. There may have been one or two, but it’s very difficult to get through an entire year without one. And so, it’s hard to say. I would hope that we wouldn’t do any.”
“Thank you, Mr…”
“Representative Black seems to think that perhaps there was one year.”
“Thank you. Mr. Speaker, to the Bill.”
“To the Bill.”
“This budget is an absolute outrage. Here we have 3 hours in which we have gotten this budget for our staffs to review. It is funded by… on the backs of the pension holders of this state. We are underfunding it. It is an 09400063.doc 83 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 embarrassment for this state for us to have this kind of a budget with huge flaws in it, with budget items not telling us where the money’s gonna be spent, how it’s gonna be spent. All we know… and because it’s short… short time your staff has only been able to put in $2 million for this line item, $3 million for that line item. They haven’t even been able to put in what they’re being spent for. This is an outrage. This budget is not a good budget. I would ask that this Body reject this budget. I cannot tell you that the taxpayers of this state should look at this. I hope the press outlines what’s in here and I would ask that we vote ‘no’ on this budget.”
Speaker Turner: “I was trying… Rep… The Gentleman from Vermilion, Representative Black.”
“Mr. Speaker, I move… Mr. Speaker, I move the previous question. And I also ask for a verification on the vote.”
Speaker Turner: “The Gentleman from Hannig… Representative Hannig, you wish to close?”
“Well, I…”
“I’m sorry. Represent…”
“I thought we were going to move the previous question and verify that Roll Call, Representative.”
“But in the previous question you’re entitled to close before we… it’s no other person…”
“Well, I mean, the Motion to… Mr. Speaker, I’ll just take this Bill out of the record at this time.”
“The Gentleman asks leave to take the Bill out of the record. The Gentleman from Cook, Repres… I mean, 09400063.doc 84 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 Representative Joyce. On page 7 of the Calendar is Senate Bills-Second Reading. Representative Delgado on Senate Bill 334. Read the Bill, Mr. Clerk. Read the Bill, Mr. Clerk.”
"Senate Bill 334. The Bill has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Delgado, has been approved for consideration.”
“Yeah.”
“Representative Delgado on Amendment #1.”
“Yes, Mr. Speaker and Members of the House. Yes, Mr. Speaker and Members of the House. Amendment #1 limits the scope of the Act to agencies created under the Civil Administrative Code and ensures that the bilingual services needed only to be offered in counties where a particular language group constitutes more than 5 percent of the overall population. Such services need only to be offered to one agency office in the county determined by the agency to be in the… in the area of need. And I would ask for your approval.”
“The Gentleman from Cook, Representative Parke, for what reason do you rise?”
“Thank you, Mr. Speaker. This is Amendment 1. Does this become the Bill?”
“Yes, it does.”
“And this… this Bill has to do with department security. Can you just tell us a little bit more about this Bill?” 09400063.doc 85 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Yes, thank you, Representative Parke, for asking that question. I received this Bill from Senator Sandoval in the Senate. And this Bill is to provide translators, interpreters if you will, in the executive or coded agencies only. I’m fine tuning this language because it was extremely broad and bi… and ambiguous to say the least.”
“Okay, thank you. I have a question. How much is this gonna cost to provide these interpreters?”
“At this point we do not have a cost on that. I’m working with Department of Revenue on it in terms… ‘cause we pulled out… we’re in the process still of pulling out language.”
“Who’s gonna pay for it, Sir?”
“At this point, it… all of the agencies informed me that they could absorb the cost.”
“Oh, so this is not something that’ll be paid for with… with money from the budget…”
“No, Sir.”
“…that’s being negotiated right now?”
“No, Sir.”
“Okay. Is Amendment #2 gonna go on your Bill?”
“Yes, it will be.”
“Okay. Do you know of anybody objecting to your Amendment 1 or 2?”
“No, not at this moment as I’m working with the agencies. Right now we’re looking good. That’s why we’re 09400063.doc 86 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 filing these Amendments, to streamline this Bill much like it needs to.”
“Are you going to move this to Third, Sir?”
“No, we are not, Sir. I’m leaving it on Second and we’ll deal with this in Veto.”
“Okay. That’s fine then. Thank you.”
“Thank you, Representative Parke.”
“The Lady from Cook, Representative Mulligan, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he will."
“Representative, do you know that hospitals do this by telephone with interpreters and it’s much cheaper? It’s a service that they get so some hospitals do that. That way you don’t have to hire employees with their attendant cost of benefits and pensions and that you could probably do it in that way for much less expense rather than adding additional employees.”
“Representative, that… I appreciate your analogy. We do know that some agencies do it already now. And then, once again, since I picked this Bill up on Friday I’m fine tuning it. I’m working with the agencies and since we won’t move this until Veto that’s what we hope to get, is to be able to distinguish exactly… so if we need any other cleanup language behind it we’ll be able to incorporate that because I’m very open to structuring this Bill.”
“Okay. I have a high school in my district that has probably 44 languages…” 09400063.doc 87 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Yes.”
“…different dialects of languages. I presume when you deal with this state that has this number of immigrants, large immigrants, that it would be practically impossible to hire one or two employees with all the different dialects and different languages that people speak, even in a court setting or whatever, where I think this other type of way of doing it would be a much more cost effective way.”
“Yes, Representative. To answer your que… to answer your… your inquiry, if you will. We have put a 5 percent roof, if you will, ceiling, as to that population would have to have 5 percent of their population in that county to be able to have that interpreter. So we see the Polish community, for example, the Latino community, and of course some Asian communities, but it would have to top 5 percent. If it doesn’t, they wouldn’t require one.”
“So what’s the dollar amount?”
“At this point we do not have that number because, again, I’m fine tuning it. I am not moving this Bill, Representative. What we’re doing is structuring it and Floor Amendment #1 would assist me to do that as we move into November.”
“Well, I’m very sympathetic to the immigrant community in Illinois, as I’ve proven time and again.”
“Yes, you are. You’re very, very sympathetic to them.” 09400063.doc 88 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“But I’d rather see the money go to services than this if we could do this by a telecommunication that would be much cheaper.”
“I’ll love to talk to you more on that and see how we can… how we can come to some accord on that one.”
“All right. Thank you.”
“Seeing no further questions, the question is, ‘Shall the House adopt Amendment #1 to Senate Bill 334?’ All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the ‘ayes’ have it. And Amendment #1 is adopted. Further Amendments?”
"No further Amendments have been approved for consideration. No Motions filed.”
“The Bill shall remain on Second Reading at the Sponsor’s request. On page 6 of the Calendar, Senate Bills-Second Reading, we have Senate Bill 96. Representative Brosnahan. Read the Bill, Mr. Clerk.”
"Senate Bill 96, the Bill’s been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #3, offered by Representative Brosnahan, has been approved for consideration.”
Speaker Turner: “The Gentleman from Cook, Representative Brosnahan.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #3 to Senate Bill 96 simply extends the sunset provision of 2001 telecommunications rewrite for 2 years, extend it to July 1, 2007. The law does not change. This Amendment is supported by consumer advocacy 09400063.doc 89 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 groups, AARP, CUB. The Amendment is also supported by the CLECS, SBC. And I would ask for a… the Amendment to be adopted.”
Speaker Turner: “The Gentleman from DuPage, Representative Meyer, for what reason do you rise?”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House, to the Bill.”
“To the Bill.”
“As you’ll note, I’m a hyphenated Sponsor on this… this Bill and I do intend to vote for it. But I wanna address some comments to this Body about the process that we went through in reaching an accord on telecommunications rewrite legislation for this year. I believe that we had an opportunity here that we missed. And the reason why I’m saying that is that in telecommunications the technol… as in many other fields, the technology is… is increasing at such a fast rate that 2 years from now we may be looking at systems that are competitive that aren’t even thought of today, that are not part of the competitive process today, certainly will not be part of the regulated process that we have today. And for part of our telecommunications in this state to be regulated and part not to be, I put… I believe that puts us at a great disadvantage in terms of investment dollars coming into this state. And it’s true that at some point during our life times we’re going to see investment dollars start to… to flow into this state to upgrade telecommunications in every aspect. But the problem as I see it is that Wall Street is gonna dictate some of that. 09400063.doc 90 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 But we’re at such an infant stage of upgrading our telecommunications network in this state and around the country that those dollars certainly don’t necessarily have to be made in Illinois for Wall Street to be appeased and for Wall Street to say that companies have growth. And for every year that we delay making a determination as to where we’re going to set public policy for this state in telecommunications, it’s a year lost. We’re losing 2 years to compe… to competitors and other states that will have good telecommunications platforms in place where business to compete on. Good… good telecommunications platforms in the state, which will… in place that will give the residentials more opportunities to have those services in their homes. And all that will be lost in our state I believe. I believe what we should’ve done was to hold open hearings combining both the House and Senate together, as we’ve done in the past, as opposed to polarizing it with one… one Bill coming out of the Senate with a competing Bill coming out of the House and of course… and no concurrence on an accord. So, I… I do believe that we have lost that opportunity in this state. It’s something we’ll never be able to buy back. And I do stand in support of this because if we don’t vote for this, I would caution the Members, then we have complete deregulation in all aspects and I’m not sure that’s in the best public policy either at this point. But I… I do… I did wanna share with you my concerns. I hope, I hope that those that have the Leadership of making these decisions will see the light of 09400063.doc 91 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 day and… and possibly come in with an Amendment later on and maybe pull this back to the table and bargain on this. I certainly don’t believe in that the 2-year increment that we have here that this should be left to lie. It should be put to sleep. And I think it’s incumbent on all of us in this Body to ask our Leadership to come back and bring us all back to the table. It’s extremely intricate or technical in nature. It takes that amount of time for us to fully understand the ramifications of what we’re doing, to understand the technology involved, and I think it’s… that this committee should continue to meet. And certainly, I would compliment Representative Brosnahan. He… from my standpoint, being the Republican Leadership, he has been very easy to work with on this and I would just ask him if he would join with me in asking the Speaker to keep our committee av… committee active and give us assignments so that we can continue to look at this issue over the next 2 years. Thank you.”
“The Gentleman from Vermilion, Representative Black, what reason do you rise?”
“Thank you very much, Mr. Speaker. “Will the Sponsor yield?”
“He indicates he will."
“Representative, I just wanna make sure of one question. When this Bill started out it had a… it also had provision that would allow the City of Chicago to increase its 911 fee by legislative action and the public in Chicago wouldn’t have anything to do with it. Now, I know it’s 09400063.doc 92 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 obvious. I can read. But I want to make sure for the record that is not in this Bill.”
“That’s correct. That was Amendment #2…”
“Right.”
“…which was never adopted. Amendment #3 simply has the extension of the sunset date…”
“All right.”
“…for 2 years. That’s it.”
“So all we’re doing on this Bill is to extend the current telecommunications regulation Bill for 2 years?”
“That’s correct.”
“Okay. Thank you.”
“The Lady from Cook, Representative Hamos, for what reason do you rise?”
“Thank you, Speaker, to the Bill. I would also like to commend the Chairman of the committee and the Minority spokesman, as well as Speaker Madigan and Rob Uhe, for taking us through a fairly extensive set of hearings that taught us a lot about a very interesting and emerging field of telecommunications. I was the Chief Sponsor of the major rewrite in 2001, again, working with a broad coalition and a… and a real strong blue-ribbon committee… not blue ribbon but a committee… bipartisan committee. But what… what we learned this year, of course, is how fast the telecommunications world is changing. Yet, there are four kind of interconnected and sometimes competing interests: the interests, of course, of the big incumbent carriers; the interests of the competitive, sometimes smaller 09400063.doc 93 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 companies; the interests of consumers who want to make sure that we maintain reasonable rates as well as service quality standards; and the interests of the workers represented by their unions. And I think that the 2-year sunset will allow us to… will allow us to flesh out really what the Federal Government is requiring or giving us latitude to do at the local level while maintaining in place a very strong Illinois law that has become a model for the nation and of… and one of which we can be proud. So, I think this is a very good and important step. I know that we will continue to have the hearings and learn even more about the innovations in the telecommunications industry. I urge an ‘aye’ vote.”
Speaker Turner: “The Gentleman from Cook, Representative Brosnahan, to close.”
“Mr. Speaker, I believe the Amendment has be to adopted first.”
Speaker Turner: “That’s correct. The question is, ‘Shall Amendment #3 to Senate Bill 96 be… be adopted?’ All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the ‘ayes’ have it. And Amendment #3 is adopted. Further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Read the Bill, Mr. Clerk.”
"Senate Bill 96, a Bill for an Act concerning regulation. Third Reading of this Senate Bill.”
Speaker Turner: “The Gentleman from Cook, Representative Brosnahan.” 09400063.doc 94 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Again, thank you, Mr. Speaker, Ladies and Gentlemen of the House. I appreciate the comments from Representative Meyer, Representative Hamos. Again, what this Bill simply does now, it extends the sunset provisions of the 2001 telecom rewrite for 2 years to July, 2007. It does not change current law whatsoever. That’s all it does. I simply wanna thank the Members that served on the committee for all their patience, Representative Meyer being the Minority spokesperson. I also wanna take this opportunity to thank all the Republican and Democratic staff for all their hard work. And I’d like… especially like to point out chief legal counsel for the Speaker’s Office, Rob Uhe, again, and compliment Rob for all his hard work. And I would appreciate an ‘aye’ vote. Thank you.”
“The Lady from Cook, Representative Munson, for what reason do you rise?”
“Thank you, Mr. Speaker. Because of a potential conflict of interest, I’ll be voting ‘present’ on this Bill.”
“The Gentleman from Cook, Representative Lang, for what reason do you rise?”
“Mr. Speaker, I have a potential conflict of interest as well and will be voting ‘present’.”
“Seeing no further questions, the question is, ‘Shall the House pass Senate Bill 96?’ All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Jefferson. 09400063.doc 95 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 Representative Jones. Representative Dunkin. The Clerk shall take the record. On this question, there are 111 voting ‘aye’, 0 ‘noes’, 2 voting ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 9 of the Calendar we have Senate Bill 1435. Representative Hannig. Read the Bill, Mr. Clerk.”
"Senate Bill 1435. The Bill’s been read a second time, previously. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”
“The Gentleman from Montgomery, Representative Hannig. Mr. Clerk, read the Bill… read the Bill again. Or move it to Third, I should say and read the Bill.”
"Senate Bill 1435, a Bill for an Act concerning land. Third Reading of this Senate Bill.”
“The Gentleman from Montgomery, Representative Hannig.”
“Yes, thank you, Mr. Speaker and Members of the House. This is the annual conveyance… land conveyance Bill by the Illinois Department of Transportation. And this is the case… this is cases where people who perhaps have given land to State of Illinois under some kind of previous agreement have requested and the state has determined or in some cases the state has just simply determined that this land is surplus and so they de… they’ve determined a value to the land and this is an opportunity by these conveyances we would authorize the Department of Transportation to sell this land back to these individuals. In my case, I have 09400063.doc 96 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 one of these in my district where land was acquired by an individual in 1934 to build a highway and now the Department of Transportation will sell this back. So this is something that we do every year. It has… it would actually raise money for the State of Illinois as we sell off surplus property. I’d be happy to answer any questions and I’d ask for your ‘yes’ vote.”
“Seeing no questions, the question is, ‘Shall the House pass Senate Bill 1435?’ All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Hassert. The Clerk shall take the record. On this question, there are 113 voting ‘aye’, 1 voting ‘no’, 1 voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 8 of the Calendar, we have Representative Saviano on Senate Bill 930. Read the Bill, Mr. Clerk.”
"Senate Bill 930, the Bill’s been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed.”
Speaker Turner: “The Gentleman from Cook, Representative Saviano. Read the Bi… I should say, move the Bill to Third Reading. Read the Bill again, Mr. Clerk.”
"Senate Bill 930, a Bill for an Act concerning regulation. Third Reading of this Senate Bill.”
Speaker Turner: “The Gentleman from Cook, Representative Saviano.” 09400063.doc 97 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Thank you, Mr. Speaker, Members of the House. Senate Bill 930 simply extends the sunset date on the Illinois Athletic Trainers Act and the Phys… Illinois Physical Therapy Act to January 1, 2016. This has worked between the Illinois Athletic Trainers Association, Illinois Physical Therapists Association, and the department. And I would like to thank the Speaker’s Office for putting this together, so there’s a long year to get this to this point. And I would ask for a favorable vote. Thank you.”
“Seeing no questions, the question is, ‘Shall the House pass Senate Bill 930?’ All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 115 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Second Readings, we have Senate Bill 1815. Representative Osterman. Read the Bill, Mr. Clerk. Out of the record. On the Order of Noncurrences, on page 13 of the Calendar, Representative Currie, we have Senate Bill 662.”
“Thank you, Speaker and Members of the House. I move to recede from House Amendment 1 to Senate Bill 662. This is the measure that is intended to provide payments to mental health community providers. There were discussions about which was the best way to do it. The Senate thought it was best to take the money from a Public Aid Trust Fund 09400063.doc 98 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 which had an excess number of dollars in it. We thought a straight General Revenue Fund transfer made sense. At this eleventh hour, I think there is agreement that the only way it will work so that the payments may be made during the remainder of the fiscal year is to take the actual cash in the Public Aid Trust Fund so that money can go out to our community providers. I hope you will join me in receding from the House Amendments so our community mental health providers can get what they’re owed.”
“The Lady from Cook, Representative Mulligan, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“Indicates she will."
“If we remove Amendment 1, what is left in the Bill then?”
“Then… then the measure would do the same thing but it would take money from the Public Aid Trust Fund and use those dollars to pay the community providers.”
“Do you realize that in the Governor’s fund sweep there is already a large sum of money being taken from the Public Aid Trust Fund?”
“And my understanding is that there enough money left in that fund to cover this transfer.”
“Wasn’t it something like $17 million? I have to pull my figures out to see that so… and this would be another 14 million?” 09400063.doc 99 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“That’s right. And apparently at the last quarterly sweep they left that money in the fund in case we needed it to pay the community mental health providers.”
“Also, we read into legislative intent that there was… should be nothing in this Bill that would dictate how the money would be spent in FY ’07.”
“I’m glad you reminded me. I think it is worth reiterating that point. Nothing in this Bill says how the… the 718 funds will be distributed beyond the coming fiscal year and both you and I are interested in making sure the discussions on that front continue with stakeholders, with us, and with the administration.”
“So if we recede from the Amendment, it goes back to paying the money or borrowing the money from the…”
“That’s right. Well, the question was borrowing from the trust fund or borrowing from General Revenue’s. And at this moment, the better course would seem to be to borrow from the… from the trust fund.”
“All right. So, then would it have to go back to the Senate or would it be done by the time we’re done?”
“That would… that… if we recede from this Amendment, the Bill will go directly to the Governor.”
“So I guess for the Members, what it comes down to is if you wanna borrow the money from the Public Aid Trust Fund, if you wanna continue with the hopes that with legislative intent we will not direct the fund for FY ’07. The li… the line item in Senate Bill 661 is already borrowing… or the Governor’s already sweeping that fund to 09400063.doc 100 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 17 million. Yet, this will supposedly cover the shortfall and will go into effect immediately.”
“That’s our hope. That’s what I’m told.”
“And this is not obviously included in any of the other budget Bills.”
“That’s my understanding, Representative.”
“I’m not particularly pleased with the way we’re doing this. I personally… I personally don’t care at this point. I would like them to be paid, but I think there are many Members on my side of the aisle that will object to the way we’re taking the money. So, I wanna inform them so they know that they may vote however they like. If you’re unhappy with the fact that we are not taking the money from the General Revenue Fund where we originally put it or maybe it shouldn’t have been then you would vote ‘no’ on this because we’re not doing that. If you don’t care as long as the mental health providers get paid ‘til the end of the year and we borrow the money, which I can’t understand why we’re borrowing it since the budget and all the money you’re taking is so high and this is just one more way for the Governor to pad himself with lots money for the coming year and probably FY ’07, then vote ‘yes’. But if you object to that, probably vote ‘no’.”
Speaker Turner: “The Gentleman (sic-Lady) from Cook, Representative Krause, for what reason do you rise?”
"Mr. Speaker, to the Mot… Mr. Speaker, I rise in support of the Motion to Recede. I think the time has come to move forward on this. We’ve discussed the various ways 09400063.doc 101 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 available for payment. I think this is acceptable. I think we should support the Motion to Recede and mo… and move forward on this issue and have the providers paid. I support the Motion.”
Speaker Turner: “This is final action. Seeing no further questions, the question is, ‘Shall the House recede from Senate Amendment 1 to House… from Hou… on House Amendment 1 to Senate Bill 662?’ This is final action. All in favor should vote ‘aye’; all those opposed vote ‘no’. And the voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Younge. Clerk shall take the record. On this question, 115 voting ‘aye’, 0 ‘noes’, 0 ‘presents’. And the House recedes from House Amendment 1 to Senate Bill 662. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Hannig in Chair.”
“On the Order of… of Nonconcurrence, on page 13 of the Calendar, is Senate Bill 1962. Representative Nekritz.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I move to recede for… from House Amendment 1. This is the FOID card for tasers Bill and it was an agreement between those interested parties that we would remove the training requirement from this legislation. I ask for your support.”
“The Lady moves that the House recede from House Amendment #1. Is there any discussion? The Gentleman from Vermilion, Representative Black.” 09400063.doc 102 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“She indicates she’ll yield.”
“Representative, this means I… I can buy a stun gun or a taser or a phaser, I was watching Star Trek last night and I threw that in, without any kind of training. I can just go buy it.”
“That… that would… that would be correct. This… this was a request of the Illinois State Rifle Association so that this would be similar to other firearms. And so we… we agreed to that.”
“It was a request of what?”
“The Illinois State Rifle Association.”
“Are… are you now allied with the Illinois State Rifle Association?”
“On this issue I… I have agreed to be allied with them.”
“All right. Did you check with Representative Stephens since I believe this was his Amendment, was it not?”
“It was. And I… I believe that Representative Stephens was informed of this action and had…”
“All right.”
“…had agreed to that.”
“Well, this brings up all kinds of interesting possibilities when debate gets heated on the floor. Tasers, lasers, and phasers for everyone, no training required. Maybe we can give one away as a raffle present…”
“Representative, I understand that there are no…”
“…at the next COWL Capers.” 09400063.doc 103 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“…that there are no phasers in Star Wars, I’m being informed. It’s light sabers, not phasers.”
“No, I didn’t say Star Wars. I said Star Trek.”
“Star Trek.”
“Star Trek.”
“Oh, I’m sorry. I’m getting misinformation from behind me.”
“Oh, well, she’s so young she doesn’t remember Star Trek.”
“I… I… she would not remember Star Trek.”
“Ya know.”
“That’s correct.”
“I was gonna say, you caused slight panic in me. If there aren’t phasers and I’ve been watching Star Trek for 30 years… boy, if they’d been lying to me all that time, I was really in a dizzy…”
“No.”
“…in a tizzy, in a lizzy, in a whatever. So, the underlying Bill is not changed, but we can… I can go to Target or a… actually, I go to a French store, Jacque Penet, and buy a taser now.”
“If you have a FOID card, Sir.”
“Yes, I do have a FOID card. Thank you for asking. Well, just in time for Father’s Day. Thank you very much.”
“My pleasure.”
“Representative Stephens.”
“I rise in support of the Lady’s Motion.”
“Representative Fritchey.” 09400063.doc 104 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Thank you, Speaker. Will the Sponsor yield?"
“She indicates she’ll yield.”
“Just for clarification, you’re receding from the Amendment that would require training?”
“That’s correct, Representative.”
“So you wanna allow them to buy the taser but not require them to know how to use it?”
“It would be similar to other firearms in that regard.”
“Okay. Thank you.”
Speaker Hannig: “Is there any further discussion? Then Representative Nekritz is recognized to close. Representative Nekritz to close.”
“I ask for your support on the Motion to Recede.”
“Then the question is, ‘Shall the House recede from House Amendment #1 to Senate Bill 1962?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Younge, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 110 voting ‘yes’ and 5 voting ‘no’. And the House does recede from House Amendment #1. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 9 of the Calendar, is… on the Order of Senate Bills-Second Reading, is Senate Bill 1209. Mr. Clerk, read the Bill.” 09400063.doc 105 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
"Senate Bill 1209, the Bill’s been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. Mr. Clerk, read the Bill.”
"Senate Bill 1209, a Bill for an Act concerning civil law. Third Reading of this Senate Bill.”
Speaker Hannig: “The Gentleman from Cook, Representative Turner.”
“Thank you, Mr. Speaker. Senate Bill 1209 authorizes the University of Illinois to convey land to the Chica… Chicago Park District upon payment of $7 million. It’s an initiative with the… of the U of I and the City of Chicago. And I move for the adoption of this Bill.”
“The Gentleman moves for the passage of Senate Bill 1209. And on that question, the Lady from Will, Representative Kosel.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he’ll yield.”
“Where is this payment of $7 million going? Is it going back to the University of Illinois?”
“They own the property, so the money would be going to the University of Ill… Illinois.”
“So… so, it is your understanding that this payment will go to the University of Illinois not to gener… General Revenue Funds?”
“Well, the property’s owned by university, so it’s my understanding that it’ll be going back to the university.” 09400063.doc 106 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“I… I think that that might be… it is correct the university does own the money (sic-property) but it was my understanding from the legislative liaison for the University of Illinois that the money was going back into General Revenue Funds as opposed to the university. And I really thought that that wasn’t proper either and kind of wanted to point that out to the Assembly. I do support your legislation. It will take a building that isn’t being used and make some very, very good uses for it for the citizens of Chicago. But I really think that the money oughta go back to the university and not General Revenue Fund. And I… I wish you’d to convey that message. Thank you.”
“I will convey…”
“The Gentleman from Vermilion, Representative Black.”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?”
“He indicates he’ll yield.”
“Representative, I know when I had a very similar Bill, the Speaker and Speaker’s counsel was very insistent, and rightfully so, that I have a up-to-date appraisal on the land to be transferred. I notice that the appraisals on this particular parcel are… are not current.”
“No, they are.”
“Now, 2004 and 2001. Why… why wouldn’t a current appraisal have been required on the Bill?” 09400063.doc 107 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Representative, it’s my understanding that there were most recent appraisals taken on this.”
“Okay.”
“’Cause we’ve tried to hold fast to practice of the most recent appraisals. I… I don’t have the date of the appraisals, I do have the money and, in fact, the appraisals that I have, have been dated 2004 with 6.2 million. There was another one in 2004 for 7.5, actually all three were 2004 appraisals. The 2001 appraisal was updated. So, it’s three appraisals…”
“All right.”
“…they were all taken in 2004. One is 6.2, one is 7.5 and the other is 7.5.”
“It… it just seemed odd to me that the amount of money had not increased, knowing the pressures on land in Chicago. The other question I have, it appears to me that this is a three-way transaction. The University of Illinois sells the land and gets the money. Title of the land is transferred to the Chicago Park District who have indicated that they intend to sell the land to a private developer.”
“No, that’s not my understanding, Representative. This is going to be converted to a park that is owned by the park district. It is a park that’s much needed in that area and the land… that land is located… and I’ve already seen drawings for the park. It’s located at Sangamon and Adams Street which is in the Near West Loop. But there is no… this is not going to a private developer. That is not 09400063.doc 108 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 my understanding. And on that question of the appraisals, Representative, I know you say that there hasn’t been much change, but the ones that were taken in 2001, the house… the land was appraised at $6.2 million on the average. And the 2004 appraisals are 7.4, 7.5 million dollars. So, there was a substantial increase between 2001 and 2004.”
“All right. Thank you very much, Representative.”
“Representative Fritchey.”
“Thank you, Speaker. I may have a potential conflict here. I’ll be voting ‘present’.”
“Representative Meyer.”
“Thank you, Mr. Speaker. Would the Sponsor yield?”
“He indicates he’ll yield.”
“Representative, I’m not necessarily opposed to your Bill but I’m somewhat confused by what I’m reading in my analysis and I’ve looked at the language of the Bill and I can’t explain it from there either. The… the money that is generated by that sale, where is that going to go?”
“It’s my understanding it was going to the University of Illinois. They own the land, but I… one of the previous speakers said that they were informed that it’s going to the General Revenue Fund. I almost look at it like taking money from Peter to pay Paul. I mean the General Revenue Fund does in fact fund the University of Illinois, so if it goes there, at some point, the University of Illinois will benefit by virtue of this sale. But it’s my understanding that it goes to the University of Illinois.” 09400063.doc 109 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Well, from what I can see in my analysis, the University of Illinois is willing to sell this land for use as a park and they wanna buy another warehouse that’s closer to the campus. Do you know… how… is this just a trade-off of the 7 million going for the park and then another 7, the… the… the other warehouse costing the 7 million? Do you know…”
“Representative, I’m unaware of what warehouse they intend to buy or what the dollar amount is of that transaction. I’m only familiar with the need for the park which has been requested from… by the city and the residents in that area. But to… to say what the university intends to do, I’m unaware of their future plans.”
“In looking at the appraisals, maybe you’ve answered this and I apologize if I didn’t catch your answer, but do… the House requires that three certified appraisals must be filed with the clerk before land conveyance may be voted upon. Is that correct?”
“That’s correct, Representative. And those three appraisals have been filed with the clerk. As I mentioned earlier, they were all done in 2004. There was one that came back at 6.2 million. The other came back at 7.45 million and the last one came back 7.45 million, both of those. So, three… two of the three were 7.5 and one was 6.2.”
“And you’re indicating that all three were done in 2004?”
“Say that one more time.” 09400063.doc 110 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“You’re… you indicate that all three were done in 2004?”
“Two was 2004. The last one, which was done by Kelly, is 2005 appraisal.”
“Okay, again, my… my analysis indicates one of ‘em was from 2001.”
“That was… that’s an old analysis, Representative.”
“Okay, well then, I… I understand. That is what was causing me some concern as I wasn’t really following every… all the answers and the questions as they were being asked.”
“Representative…”
“Thank you.”
“…it’s been the practice on this side to ask for updated appraisals for any conveyances and so we… we’re holding true to that regardless of who… who brings the issue before this Body.”
“Well, I… I’ll go with what you’re indicating then.”
“Representative Turner to close.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the Assembly. I just move for the favorable adoption of Senate Bill 1209. I think the discussion has been ample for this Bill.”
“The question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Flowers, do you wish to be recorded? Representative Mulligan, do you wish to be recorded? Mr. Clerk, take the record. On this question, 09400063.doc 111 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 there are 104 voting 'yes' and 12 voting 'no'. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 12 of the Calendar, under the Order of Concurrences, is House Bill 227. Representative Bassi. The Lady is recognized for a concurrence.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I believe Representative Saviano was gonna be helping to speak to the Amendment. Seeing that he’s not in the chamber at the moment, perhaps Representative Mautino would like to chime in on this. It’s an agreed Amendment. Representative Mautino. It’s concurrence.”
“The Motion to Concur.”
“Yeah, Motion to Concur.”
“Is there any discussion? Then the question is, ‘Shall the House concur… excuse me, Representative McCarthy.”
“…yield? Whether it’s Representative Mautino or Representative Molaro or whoever, I think we do need a little further explanation than that. That was relatively incomplete. Your name was mentioned that you might be able to explain this Amendment and why we’re concurring.”
“Representative Molaro.”
“Well, first of all, there’s two parts. One has completely passed the House and the other one passed committee. The first part is there were people who are both deaf and blind that worked for a vendor. CMS took them in and they became state employees about 3 years ago. What they’re allowed to do that the year or two that they 09400063.doc 112 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 worked for this vendor, they pay the employee-employer share plus interest, then they can buy the 2 years that they’re exactly what they’re doing now for the state they were doing for the vendor so they could buy their 2 years. It’s cost neutral to the State of Illinois. The other… the other Amendment, which also passed committee, strictly has to do with the only… the only fund in the State of Illinois that doesn’t allow you to remarry after retirement is the City of Chicago Municipal Fund. Like us, if we remarry after retirement, 1 year, our spouse gets the spousal. The City of Chicago Municipal Fund you can’t, laborers, yes, police and fire, yes, but not… but not City of Chicago Municipal. All this does… we worked on it. All they’ll allow us to do is 10 years. And while we were trying to put this together over the last 2 years, two of those Members who have 10 years after retirement got married, been married for 10 years, two of those fellows died and this allows their widow to pay the widow’s spousal benefit, no cost to the city, and they would then get their spousal benefit. Tho… that’s all these… this Amendment does.”
“Is… is there a requirement as far as how long they have to work for the city?”
“Yeah, no. They have to… whatever their retirement is, say they’re 30-year employees, all this has to do is after they retire… if they retire and they’re not married…”
“Are you’re saying if they’re 30-year employees?”
“No. No. No. No. There’s… whatever it takes, just like in every other fund, whatever it would be for your 09400063.doc 113 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 spouse to have a spousal benefit. It’s just like every other fund. Only in the city fund, if you retire when you’re not married and you get remarried, you can be married 50 years, your spouse doesn’t get it. Every fund has a 1-year requirement, this is a 10-year requirement.”
“And I would assume that if you have a spousal death benefit… the spouse dies, you get the benefit, 2 years later you get remarried.”
“No.”
“Does that new spouse get any benefits?”
“No. That has nothing to do with that provision.”
“So it’s a one-time thing.”
“It’s one-time thing only. It’s like every other fund.”
“Does this affect all pensions throughout the state or just the city’s?”
“No, every other… every other pension has 1 year. This municipal fund is a 10-year deal. It’s the only thing they would agree with. They should be 1 year, too, like everybody else but they don’t wanna go there.”
“One year. They have to be married for a year.”
“One year after. That’s what every other one does. This is a 10 year. They have to be remarried 10 years. That’s why it only affects two people, nobody usually stays married for 10 years after retirement. And these two women we’re talking about are both in their early 80s.”
“Okay. Thank you very much for the explanation.”
“Representative Saviano.” 09400063.doc 114 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Thank you, Mr. Speaker. I rise in support of this… of this Motion. As… as Representative Molaro mentioned, this is an unfortunate situation that has occurred that we’re trying to address. It was… it was crafted as narrowly as possible so there wasn’t a ma… it’s revenue neutral. There’s no major impact on any governmental agency or any… on any pension fund. And I would as you to support it. Thank you.”
“The Gentleman from Champaign, Representative Rose.”
“Thank you. Question of Representative Molaro, if that’s possible.”
“Representative Molaro. He’ll yield.”
“How is this made fiscally neutral?”
“Say… say that one more time.”
“How is this made fiscally neutral? You mentioned that this…”
“We went… we went over this before, which I agreed on your Bill. And… and I told you it was revenue neutral, that a couple of people on my side of the aisle are wrong. You paid for… if you paid for employer contribution… employer contribution plus interest, that’s considered revenue neutral. We are in agreement and that’s what it does for these poor…”
“I’m glad we’re in agreement ‘cause there were at least three Members on your side of the aisle that didn’t think that was fiscally neutral.” 09400063.doc 115 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“And… and I took them to task afterward. They were brought to the woodshed and they’re now in total agreement with you, Representative Rose.”
“Outstanding lo…”
“And you were right.”
“I’ll expect their support next year when I bring that Bill back.”
“It’d better be.”
“Thank you.”
“Representative Bassi to close.”
“I would just ask for the Body’s support. Thank you.”
“The question is, ‘Shall the House concur in Senate Amendment #1?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative McAuliffe, do you wish to be recorded? Representative Yvetter Younge, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 114 voting ‘yes’ and 1 voting ‘no’. And the House does concur in Senate Amendment #1. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Feigenholtz, do you wish to concur on House Bill 487? Out of the record. Representative Ryg. Okay. Representative Ryg is recognized on House Bill 566.”
“Thank you, Mr. Speaker. I move to concur on Senate Amendment 2. It’s a trailer Bill to Senate Bill 1930 which we passed earlier this afternoon. And so I ask for your support.” 09400063.doc 116 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“The Lady moves that the House concur in Senate Amendment #2. Is there any discussion? The Gentleman from Cook, Representative Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“She indicates she’ll yield.”
“Representative, this is Amendment 2. Is Amendment #1 on the Bill?”
“No, that was tabled.”
“And does Amendment #2 become the Bill?”
“No, it’s a technical Amendment to Senate Bill 1930.”
“And there’s nobody in opposition, is there?”
“No one’s in opposition.”
“Thank you, Representative.”
“Representative Ryg to close.”
“Please vote ‘yes’. Thank you.”
“The question is, ‘Shall the House concur in Senate Amendment #2?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? This is final action. Representative… Connie. Or Representative Eileen Lyons and Representative Monique Davis, do you wish to be recorded? Okay. Mr. Clerk, take the record. On this question, there are 115 voting ‘yes’ and 0 voting ‘no’. And the House does concur in Senate Amendment #1. And this Bill… Senate Amendment #2. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Soto. 09400063.doc 117 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 The Lady wishes to concur on House Bill 769. The Lady from Cook, Representative Soto.”
"Thank you, Speaker. I move the House concur Senate Amendment #1 to House Bill 769. Amendment #1 provides that the county, a population of 300 thousand or more, a person who was denied driving privileges under the provision may not have those privileges restored by presenting an original receipt signed by the clerk of the court for full payment of the fine, penalty, or cost. I urge an ‘aye’ vote. Thank you, Speaker.”
“The Lady moves that the House concur in Senate Amendment #1 to House Bill 769. And on that question, the Gentleman from Cook, Representative Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“She indicates she’ll yield.”
“Representative, why is this necessary?”
"Well, there was an incident that happened with the clerk of the… of the Secretary of State. Someone took a receipt that was embossed and copied it and said they had paid their… their fine. So, it was a form of fraud. So this is the reason why the clerk of the circuit court imple… I mean, brought this to the General Assembly.”
“How come this only applies to Cook County?”
"Because it happened in Cook County and that’s the reason why this idea came up. And there’s no opposition to this Bill…”
“Okay.”
"…that I know of. Thank you.” 09400063.doc 118 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
Speaker Hannig: “Is there any further discussion? Then Representative Soto to close.”
"…urge an ‘aye’ vote. Thank you.”
“The question is, ‘Shall the House concur in Senate Amendment #1?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Soto, you need to vote. Mr. Clerk, take the record. On this question, there are 113 voting ‘yes’ and 3 voting ‘no’. And the House does concur in Senate Amendment #1. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Flowers, would you like to concur on House Bill 2451? The Lady from Cook, Representative Flowers.”
“Thank you, Mr. Speaker. I move to concur with Senate Amendment #1 to House Bill 2451 and it takes out the language that talks about… removes the provision that the state… that the disclosure agreement applies to requests made in writing by a State Government office or agency.”
“The Lady moves that the House concur with Senate Amendment #1. And on that question, Representative Stephens is recognized.”
“Will the Lady yield?”
“She indicates she’ll yield.”
“Would you tell me again what the Amendment does?”
“The Amendment provides upon a request a pharmacists must disclose the current and the customary retail prices of any brand or generic prescription. That’s what the Bill 09400063.doc 119 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 does. Now, what the Amendment does, it removes the provision that states that the disclosure agreement applies to requests made in writing by a State Government office or agency for the purpose of conducting a survey.”
“Well, wait a minute.”
“Pardon me?”
“Are you talking about… pharmacists quote prices every day. But are you saying that a state agency can request all of their prices on all of their prescriptions?”
“It says, Representative, ‘that upon request a pharmacist must disclose the current, usual, and customary retail prices of any brand’, and it specifically says, ‘no more than 10 prescriptions.’ No more than 10 prescriptions.”
“And who will be making this request?”
“Well, it could be customers.”
“It could be customers.”
“Yes.”
“But anybody else? Any…”
“Well, it could be a state agency. But what the Amendment does, it takes away the disclosure agreement, applies to requests made in writing by a State Government office or agencies for the purpose of conducting a survey. So that is the part that your Senator stricken from the Bill that I concur with.”
“So, it… at the end of the day what this does, this says that pharmacists have to give you a price of the brand name and the generic prescription if requested.” 09400063.doc 120 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Yes. Yes. Up to 10.”
“There’s no pharmacist in Illinois who doesn’t currently provide that?”
“Well, obviously there were a few. And that is what brought it to the attention of the AG’s Office.”
“Well, no. Wait. Wait. A few. Where? There were no… there’s…”
“Well, see…”
“There are none.”
“…down in your part of the beautiful State of Illinois of Illinois, Sir, it may not occur. But in Chicago or in other urban areas of the city some pharmacists would say I’m too busy or, ya know, or you have to come in. Senior citizens, all of them do not have the capability of coming in themselves or they may want to send someone and they want to send the appropriate amount of monies along with that person, or they want to compare shopping because…”
“Ya… ya know…”
“Wal-Mart may sell it a little cheaper than KMart and CVS and Walgreens. So…”
“To the Motion, Mr. Speaker. I just amazes me sometimes, we have to… in the name of good government we’re going to ask every pharmacist have another regulation that they’re going to have to read and I’m sure then we’ll be promulgating rules about it and we’re gonna have to have audits and things like this for something that it makes so much sense. If you come into a pharmacy and you’re gonna get a prescription filled or you’d like to and you’re going 09400063.doc 121 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 to ask the price, what’s a pharmacist gonna say? No, I don’t have time for your business. Anyway, I… with a potential conflict of interest, I’m gonna invoke that. I’ve never done it before on a pharmacy-related piece of legislation but this one deserves a ‘present’ vote.”
“Representative Flowers to close.”
“Thank you, Mr. Speaker. We’ve already passed the legislation and the Amendment is… was done at the request of the pharmists (sic-pharmacists). And I would appreciate an ‘aye’ vote on the concurrence.”
“The question is, ‘Shall the House concur in Senate Amendment #1?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 115 voting ‘yes’ and 0 voting ‘no’, 1 voting ‘present’. And the House does concur in Senate Amendment #1. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Flowers, on page 13 of the Calendar, you also have House Bill 3415 on the Order of Concurrence. The Lady from Cook, Representative Flowers.”
“Thank you, Mr. Speaker. I move to concur with Senate Amendment #1 to House Bill 3415. And the Bill would require visitations with parents within 10 working days upon the child entry of the foster care. And there is no opposition to this legislation. Thank you.”
“The Lady moves that the House concur in Senate Amendment #1. Is there any discussion? Then the question 09400063.doc 122 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 is, ‘Shall the House concur in Senate Amendment #1 and shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? This is final action. Have all voted who wish? Representative Collins. Mr. Clerk, take the record. On this question, there are 116 voting ‘yes’ and 0 voting ‘no’. And the House does concur in Senate Amendment #1. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, read the Agreed Resolutions.”
"On the Order of Agreed Resolutions is House Resolution 528, offered by Representative Sacia. House Resolution 529, offered by Representative Sullivan. House Resolution 531, offered by Representative Miller. House Resolution 532, offered by Representative Winters. House Resolution 533, offered by Representative Verschoore. House Resolution 534, offered by Representative Tryon. And House Resolution 535, offered by Barbara Flynn Currie.”
“Representative Currie moves for the adoption of the Agreed Resolutions. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Agreed Resolutions are adopted. Representative Parke, for what reason do you rise?”
“Mr. Speaker, is it your intent to vote on these Resolutions now?”
Speaker Hannig: “These are Agreed Resolutions and we just adopted them on a voice vote.”
“Can’t we just put it on one Roll Call?” 09400063.doc 123 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Yeah, we just did a voice vote.”
“Oh.”
“We just typically do those on one voice vote.”
“I think…”
“We’re gonna go to the Order of Resolutions. We just did the…”
“That’s great. I’m glad to hear. That’s what we should’ve done yesterday.”
“On the Order of Resolutions is… on page 13 of the Calendar, is House Joint Resolution 18. Representative Reis. Out of the record. On page 14 of the Calendar is House Joint Resolution 42. Representative Flider. Okay, Representative Flider, there’s an Amendment… a Floor Amendment #1.”
"Yes.”
“The Gentleman moves for the adoption of Floor Amendment #1. Would you like to explain the Amendment?”
"Yes. Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #1 simply changes the word ‘highway’ to ‘expressway’. And this would enable the road, which would be named… as proposed under this Resolution, to be named after the late Penny Severns who served Decatur very well and is remembered very fondly by her citizens. And with this Amendment we would allow the portion of the highway between Decatur and Springfield, that would I-72, to be named the Se… Senator Penny Severns Memorial Expressway.” 09400063.doc 124 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“This is on the Amendment. Representative Stephens on the Amendment. Okay. Representative Black on… on the Amendment. The Gentleman from Vermilion.”
“No, not on the Amendment. I’ll wait until the Amendment’s adopted and then I’m gonna go ballistic.”
“Okay. All in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Representative Flider is now recognized on the Resolution.”
"Yes, Mr. Speaker, Ladies and Gentlemen of the House. I would just simply ask that this Resolution be adopted. What we’re proposing is that the section of highway between Decatur and Springfield, I-72, be named the Penny Severns Memorial Expressway. I’d encourage your ‘aye’ vote.”
“Okay. The Gentleman moves for the adoption of House Joint Resolution 42. And on that question, the Gentleman from Vermilion, Representative Black.”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?"
“He indicates he’ll yield.”
“Representative, I drive I-72 three and four times a week when we’re in Session. Why… why is my name not on the Resolution? Why is just your name and Representative Mitchell’s name on the Resolution? Why isn’t my name on the Resolution?”
"I would be honored to have your name on the Resolution.” 09400063.doc 125 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“I know… I know there are other Representatives in here who drive I-72 on a regular basis. Why aren’t our names on the Resolution? I knew… I knew… Senator Penny Severns, Representative. I worked with her. I went out to dinner with her on several occasions. You’re not… you’re not Penny Severns. She wouldn’t have left my name off of this. I’m hurt. I’m really hurt. And everybody that drives I… I-72 should be hurt. If that’s the way you wanna do business, you and Representative Mitchell… I know what you’re up to. You’re gonna make it a toll road. Well, I’ll go Route 36. I’ll fool you.”
“Representative Stephens.”
“Will the Gentleman yield?”
“He indicates he’ll yield.”
“Representative, a… an issue came up a couple of days ago, maybe yesterday, about something that Representative Mitchell sponsored and it went through your district. This Resolution for Penny Severns is in reference to a road that goes through both of your districts. Is that right?”
"I’m sorry?”
“Does it go through your district, too, this… this road?”
"This… this highway, it… I’m not sure whose district it’s in. I know at least a part of it, if not all of it, is in Representative Mitchell’s district.”
“Did you negotiate sponsorship of this Resolution with Representative Mitchell?”
"Did I negotiate? No.” 09400063.doc 126 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“It sounded like negotiations to me. Those were private negotiations, weren’t they? Is there anything that occurred in those negotiations that you care to share with this Body?”
"Ya know, Representative, I… I think this is a very important Resolution and I… I prefer not to devolve into this kind of discussion on a Resolution where we’re trying to name a highway after a very important public figure in this state.”
“We’re not… we’re not being dis… we’re not being disrespectful.”
"And I would be very happy to include anybody who would like to be a cosponsor of this Resolution on this Resolution.”
“If you will just pri… provide me with a verbatim from the negotiation session that you had here yesterday we would all be proud to be cosponsors.”
"Thank you.”
“Representative Poe.”
“Speaker, will the Gentleman yield?”
“He indicates he’ll yield.”
“Yeah, I’m… I’m a little bit confused. How many… how many different names can we put on one highway?”
"Well, Representative, I don’t know the answer to that completely, but I do know that what we’re intending to do is ensure that the highway, as it is presently named, that is the highway… Purple Heart Highway, remain the highway as it was proposed and passed from Quincy to, I believe, 09400063.doc 127 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 Vermilion County. And so, what I’m proposing is this section be named an expressway. I think it’s common that we would name a road in honor of somebody. And I think the same was true of the Senator Demuzio Expressway, which also is on I-55 and I believe also has the name of a famous president.”
“Who’s the famous president?”
"I just can’t recall right now.”
“I gue… so… so now we have a highway, an expressway, and an interstate all in one route. Is that what you’re telling me?”
"Yes.”
“Okay. I was a little bit confused because I know we passed that several years ago that that’d be the Purple Heart Highway and I was just making sure we didn’t have a conflict. Thank you.”
"Yes. Thank you, Representative. I think that’s a very good observation and that’s exactly why we have this Amendment.”
“Representative Rose.”
“I thought this was the Tim Johnson Memorial Expressway.”
"Well, as proposed, it’s not.”
“Oh, okay. Is there a memorandum of understanding between you and Representative Mitchell on this Bill?”
"None that I’m aware of.”
“Thank you. Appreciate it.”
Speaker Hannig: “Is there any further discussion? Representative Flider to close.” 09400063.doc 128 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
"I would… Ladies and Gentlemen of the House, I would simply request an ‘aye’ vote on this and I, again, would be more than happy to have this whole Body cosponsor this because Senator Penny Severns was a very important figure in the State of Illinois and somebody who, I believe, it’s very important that we remember. I’m very pleased to have my colleague from Macon County on the Resolution as it is presented and I would encourage additional sponsorships. I’d encourage an ‘aye’ vote. Thank you.”
“And the question is, ‘Shall the House adopt House Joint Resolution 42?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Flider, would you like to be recorded? Representative Granberg. Mr. Clerk, take the record. On this question, there are 116 voting ‘yes’ and 0 voting ‘no’. And… and the Resolution is adopted. Representative Chapa LaVia, you have House Joint Resolution 52. Representative Chapa LaVia. Does the Lady wish to present the Bill… the Resolution? Okay. House Joint Resolution 61. Representative Cross. Representative Cross. Representative Cross, would you like to present your Resolution? No? Okay. Out of the record. Representative Acevedo on Resolution 172… House Resolution 172. There he is. No? Yes? Out of the record. Representative Hoffman on 175. No? Okay. Representative Kelly, you have House Resolution 300. Representative Acevedo, you also have House Resolution 404. Okay. Here 09400063.doc 129 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 he comes. The Gentleman from Cook, Representative Acevedo.”
“Thank you, Mr. Chairman, Ladies and Gentlemen of the House. House Bill 404 urges the President and Congress to allow military bases to remain open in the State of Illinois. The five bases would be Rock Island Arsenal, Scott Air Force Base, Illinois National Guard Post in Springfield and Peoria, the Great Lakes Naval Base Training… Training Center. Happy to answer any questions.”
“The Gentleman moves for the adoption of House Resolution 404. And on that question, Representative Holbrook is recognized.”
“Representative Acevedo, would you mind if the entire Body was joined on… with you as a cosponsor on this? Because I know of no one in here that would want to shut down our military bases here.”
“I’d be more than happy to, Representative.”
“So, Mr… so, Mr. Clerk, the Gentleman has asked that all Members be added to this Resolution. Are there any objections? Okay. There’s no objections so the Clerk will add all Members. And on the Resolution, all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Resolution is adopted. Representative Verschoore, you have House Resolution 443. We’re going down the Calendar. It’s Verschoore, Poe… we’ll… you’ll be next Representative Poe. Representative Verschoore on 443.”
"Thank you, Mr. Speaker. All this Resolution does is under the BRAC realignment by the Federal Government I 09400063.doc 130 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 have a arsenal… Rock Island Arsenal in my district and it’s like our second biggest employer. So, all I’m asking is for them to leave our arsenal alone. And I’d ask any… answer any questions.”
“Is there any discussion? Then all in favor of the Gentleman’s Resolution say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Resolution is adopted. Representative Poe on House Resolution 457.”
“Yeah, Mr. Speaker and Ladies and Gentlemen of the House, I’m staying with the theme of the last two Resolutions. We have a Resolution to urge that Congress also keep our 183rd intact in Springfield, Illinois. They’re talking about moving those jobs, a hundred and sixty-five full-time, 6 hundred part-time, and those would be going to Fort Wayne, Indiana. And we wanna urge Congress to keep them here in Springfield. Thank you.”
“Is there any discussion? Then all in favor of the Gentleman’s Resolution say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Resolution is adopted. Okay. On page 15 of the Calendar, on the Order of Resolutions, is Senate Joint Resolution 6. Representative Verschoore. Representative Verschoore, this is your Resolution to name, I think, a bridge.”
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. What this is is there’s a new bridge going across the Rock River, it’s called the South Rock River Bridge. And we’d like to name it in honor of the veterans and one of our settlers. And the name of the 09400063.doc 131 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 bridge would be the War Memorial… Veteran’s War Memorial Bridge at Carr’s Crossing. And I’d be glad to answer any questions.”
“Is there any discussion? Then the question is, ‘Shall the Resolution be adopted?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 116 voting ‘yes’ and 0 voting ‘no’. And the Resolution is adopted. Rep… Representative Yarbrough, you’re recognized on Senate Joint Resolution 20. Okay, going down the Calendar. Representative Collins, you have Senate Joint Resolution 34. Representative Fritchey, on page 15 of the Calendar is Senate Joint Resolution #3. Would you handle that for Speaker Madigan?”
“Thank… thank you, Speaker, Members of the Body. Senate Joint Resolution 3 will request that the Supreme Court modify its administrative orders in order to better identify medical malpractice case record keeping. Ya know, there’s been a lot of debate, obviously yesterday and through the past several months and several years about the extent of the medical malpra… practice crisis issues, however you wanna phrase it. What this will let us do is have better record keeping and actually have facts where simply fiction may have been or where various arguments may have been. This is something that is supported by a number of organizations, including the Medical Society and the trial lawyers. It’s always a good thing to have more 09400063.doc 132 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 information, especially in light of this issue. We know of no objections and I’d be happy to answer any questions on this matter.”
Speaker Hannig: “Is there any discussion? Representative Bradley, John Bradley.” Bradley, J.: “Currently… thank you, Mr. Speaker. To the Bill.”
“To the Bill.” Bradley, J.: “Currently, in the State of Illinois, when you go in and you file a case you have to designate whether that law case reaches the threshold of above 50 thousand or below 50 thousand, and that would be designated either as an ‘L’ case or an ‘LM’ case, an ‘L’ being above 50 thousand or an ‘LM’ case being below 50 thousand. But there’s no special designation for a medical malpractice case which means that in order to determine which cases were actually in fact medical malpractice cases you have to go to the court house and go through each and every ‘L’ and ‘LM’ case. What this would do is ask the Supreme Court to make a specific designation for medical malpractice cases. I believe refer to them as ‘MM’ cases, thereby making it easier to track these cases, keep an eye on these cases, and have a more accurate and a more easily obtainable record system with regards to those.”
“Representative Mulligan.”
“I’m sorry… thank you, Mr. Speaker. Will the Sponsor yield?"
“He indicates he’ll yield.” 09400063.doc 133 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“All right, I’m not sure if I understood but in the Supreme Court, even though Supreme Court rules, would it be all courts then that would have to tell us what cases are filed?”
“Regardless of the circuit court, there would be a new designation, an ‘MM’ designation, for medical malpractice and it would simply offer us more… a more detailed ability to track medical malpractice cases around the state.”
“Does a case have to be filed in order for it to be settled out of court?”
“A case does not have to be filed to be settled out of court. I suppose that an individual could notify an adverse party of an intent to file a claim and that could predicate a settlement. I think more often than not you will see at least a filing of a case as in means of initiating either settlement conversations or a case going to trial.”
“Last week it was reported on WGN that there was a rash of cases being filed just prior to…”
“Correct.”
“…the anticipation of the medical malpractice Bill being heard and passed, as it turned out. Do you have any idea what the number of cases were that were filed in excess of what normal would be around the state?”
“I believe… and I didn’t see the television story, but I did read the newspaper article that accompanied it and I believe that they had indicated somewhere in the low 09400063.doc 134 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 double digits. It had been in… in had been an increase over a comparable period, but we’re not talking about hundreds of cases, we’re talking about tens of cases.”
“All right. So, a case doesn’t have to be filed in order for there to be a settlement. Obviously, if you think it’s going to be a valid claim or a case… and insurance company, the doctor, and whoever can file… or a lawyer, if you have a lawyer, doesn’t have to file a case he can just start talking to them or to the insurance company. But this will keep statistics of the cases that are filed in a different way.”
“Can I get… I’m sorry, go… I didn’t hear the last part.”
“So this will keep statistics in a different way. So the designation in front of the court number would be ‘MM’?”
“There would be an ‘MM’ designation which would allow us to break out the number of medical malpractice cases by frequency, by location, and then by disposition ultimately.”
“Sometimes isn’t the number designated by the division also or is the division just at the top of the case and the ‘MM’ would be just for that… under that division?”
“Correct. This would not… this would not replace either a chancery designation or a law designation instead of… ‘cause those are all gonna be filed in the same court 09400063.doc 135 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 as they had been previously. It would simply be an additional designation that would allow this…”
“And… and who would have… how would those statistics be used?”
“Well, the statistics could be used by everybody from the Medical Society and ISMIE in order to allow themselves to have better breakdown on record keeping or by whoever wants to fi… whosever interested in actually knowing the true numbers of medical malpractice cases that may be out there.”
“So would the Supreme Court be the repository of the all statistics from all the local courts around, all the municipal courts, everywhere a case is filed?”
“Right… right now, circuit courts maintain their own records. So whatever extent they would be required to compile their records and provide those to the Supreme Court, that… that would be unchanged by this Resolution.”
“So that would be issued in a Supreme Court report that the General Assembly would get and other people could get.”
“The Su… the Supreme Court would still have the flexibility to implement this as they see fit. The idea would be that at some point we would be able to have compiled data to give us this information.”
“All right. Thank you for the information.”
“Representative Fritchey to close. To close, Representative Fritchey.” 09400063.doc 136 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“As… as I said, we know of no objection to this. Doctors support it, trial lawyers support it. I think all of us should support it as well. Thank you.”
Speaker Hannig: “The question is, ‘Shall Senate Joint Resolution 3 be adopted?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 116 voting ‘yes’ and 0 voting ‘no’. And the Resolution is adopted. Representative Parke, for what reason do you rise?”
“Good afternoon, Mr. Speaker.”
“Good afternoon, Representative.”
“It is 4:16 and I expect that we’ll be here later into the evening. And some of us are starting to think about ordering dinner. Is the intent of the Chair to provide us with our dinners tonight as they’ve done in the past? And if it’s chicken or pizza, many of us would like to have pizza. So, I would like to… I would like to put our order in now for pizza, if it’s your intent to do so. No anchovies, though, Mr. Speaker.”
“Representative, I’m advised that the Speaker’s office has been in contact with Representative Cross’s office and that there’ll be some pizzas that will appear around 6:00. Representative…”
“All right, say that one more time. What’s coming at 6?”
“Pizzas.”
“All right. Pizza. Pizza.” 09400063.doc 137 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Representative Reis.”
"Thank you, Mr. Speaker. It seems we have kind of a moment here to joke around, talk about pizza. There’s very momentous things that happened in the chamber this week. One of which is, if you recall a couple days ago, Representative Cultra voted ‘yes’ on a Bill. And we had the forethought to get that on film. We’ve all autographed it so that Representative Cultra can be remembered for voting ‘yes’ on his own Bill. And one of the best quotes on it is, ‘Be strong Shane, move to reconsider.’ Congratulations, Mr. Cultra.”
“Representative Phelps.”
“Thank you, Mr. Speaker. In response to Representative Parke, you know us southern boys and our hospitality, I have some chicken over here. You’re more than welcome to come on over.”
“Representative Parke.”
“That’s very… that’s very gracious of you. But ya know, quite frankly, we’re sick of chicken. We want our pizza. Pizza. Pizza.”
“On page 5 of the Calendar, under the Order of Senate Bills-Second Reading, is Senate Bill 21. Actually, this is on the Order of Postponed Consideration. Mr. Clerk, read the Bill.”
"Senate Bill 21 is on the Order of Postponed Consideration.”
“Representative Bradley.” 09400063.doc 138 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 Bradley, R.: “Thank you, Mr. Speaker, Members of the House. The Police Pension Code currently states that officers who are promoted to a noncivil service rank within 3 years of compulsory retirement or retirement at their own option are prohibited from receiving a retirement annuity based on their higher rank. This Bill changes that provision to allow captains to receive an annuity based on the noncivil service rank without the 3-year requirement. I wanna thank the Police Benevolent & Protective Association of Illinois for working to clarify some of these issues over the last couple hours. And I’d appreciate your support.”
“And on this question, the Gentleman from Cook, Representative Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“He indicates he’ll yield.”
“What has happened? Didn’t we vote this down?” Bradley, R.: “Yes, we did. It was the first Bill of the day, I think maybe it was a little foggy and there’s been some clarification. Again, the… the association worked especially hard on… on your side of the aisle, frankly, in clarifying the position. And I’m hopeful for a positive vote.”
“Did you put this on Postponed Consideration?” Bradley, R.: “Yes, I did.”
“And what’s changed since the last time?” Bradley, R.: “I think the hour has changed and the I think just the attitudes have changed. And I believe… we’re hopeful.” 09400063.doc 139 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“So you’ve discussed it with Members or with our Leadership?” Bradley, R.: “With the Members.”
“I’m sorry?” Bradley, R.: “With Members.”
“Thank you very much.”
“Representative Moffitt.”
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“He indicates he’ll yield.”
“Representative, one of the things I think you said it there… just you mentioned that PB and PA, this is their… their Bill and they’re working for Police Benevolent & Protective Association. Our analysis didn’t even show that there were any proponents representing the police. But they are, you’re confirming that. And I’ve talked to ‘em and I know this is a Bill that PB and PA would like very much to have. And so, that information has changed since this was considered this morning. And… and also, you’ve pointed out there was something that one point in there involving firefighters, that’s not in there now, I believe.” Bradley, R.: “No, that was never a part of the Bill. It was a bad rumor.”
“And I think some had gotten calls concerned about that and it led to some further confusion. So I think a vote now after we have adequate information and knowing that Police Benevolent & Protective Association is a 09400063.doc 140 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 proponent and they would like to have this legislation considered has really changed it. Thank you.” Bradley, R.: “Yeah, again, I thank you for your help on this and, again, sorry for the confusion on the…”
“Representative Bradley to close.” Bradley, R.: “Appreciate your support.”
“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 60 voting ‘yes’ and 51 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 4 of the Calendar is… under the Order of House Bills-Third Reading, is House Bill 258. Mr. Clerk, read the Bill.”
"House Bill 258, a Bill for an Act concerning child welfare. Third Reading of this House Bill.”
“Representative Flowers.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 258 provide that if a person who gives, donate, or bequeaths money or other property to the Department of Children and Family Services for the benefit of children provides in writing that the money or other properties is for a specific purpose then the department can only use that money or properties for that purpose. And then it further states that all the youth emancipated from the department are eligible to receive a payment from the department in the amount of $15 hundred for the purpose 09400063.doc 141 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 of promoting a successful transitional outcome. And I’ll be more than happy to answer any questions.”
“The Lady moves for the passage of House Bill 258. And on that question, the Gentleman from Cook, Representative Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“She indicates she’ll yield.”
“Representative, it’s commendable that you wanna do this but the fact of the matter is, according to our analysis, that you estimate 500 youth will be taking advantage of $15 hundred per youth, for a total cost of 7 and a half… $750 thousand and that by ’07 it’ll be a thousand youth, which will be probably a million-five. Do you have funding source for this money?”
“Well, you have to remember this, Representative, those are our children and that is their monies. And so, the fact of the matter is we are allowing them to… we can… we have to give it to ‘em anyway and it’s the mannerism in which we give it to them. For instance, it is our obligation to educate them until they’re 21. But here at the age of 16, where they choose to be emancipated and not educated, we can then have them to go to some type of training where they can live independently and on their own. I don’t know if you’re familiar with the recent Chapin Hall report that talks about how our children are the worst in the nation in regards to how we take care of them once they leave our system. Most of them do not end up in education, they end up in jails. And you have to 09400063.doc 142 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 remember, Representative, that we have taken them from their family, so they have no one to turn to. But yet, they choose to wanna be emancipated because a lot of them feel that the state has not done a very good job of being a parent. So as a result…”
“All I asked is if you having a funding source.”
“Yes. They have… yes.”
“What is it?”
“The Department of Children and Family Services is…”
“Have you increased their budget for this?”
“No, this would be a part of their budget and it… plus they get federal funds.”
“Will they have to take away from other responsibilities they have?”
“No. No.”
“Well, then where’s the money come from?”
“Well, let me say this. If we allow the children to stay in the system from 16 to 21, that will cost us much more than $15 hundred.”
“How do they get the 15? Is it a voucher or…?”
“Well, some of them… by virtue of the fact that they… they are SSI eligible but the Federal Government do not allow us to keep more than $2 thousand in their account, with this we can keep some of their monies, less than $2 thousand, and give… give it to them when they leave. So really… technically, this is their dollars because of their disability they are eligible and able to receive this money.” 09400063.doc 143 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“I thought you wanted these children to go on for higher education or for schooling. Is that you sa… is that what you’re trying to do here?”
“And… and I just want to say to you also, the Bill does say that it’s subject to appropriation so we’ll make sure…”
“Well, that’s… that’s great.”
“Yes.”
“Everybody keeps saying ‘subject to appropriation’. And when we don’t have enough money we take it out of the Pension Fund. So subject to appropriation is getting to be more costly for the people of the State of Illinois. Again, I want to go back to… what is the $15 hundred gonna be used for? I mean, what’s to stop one of these youths to simply give ‘em the money at 16 and they go out and blow it?”
“Well, you know what, Representative, they will… these children will go through a training program. But you must remember this, these are our children. We are…”
“That’s not what I’m asking. That’s great. You said that twice already.”
“We’re responsible for ‘em.”
“I wanna talk about the real world of these… of this money.”
“These… these…”
“Do we actually write ‘em a check and hand it to ‘em and let ‘em go on their own?” 09400063.doc 144 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Oh, no. No. No. No. No. You wouldn’t do that to your child. So there’s a responsibility. We will train them. There’s a… there’s a class in which they will have to take. There will be some type of understanding, there will be some type of training. Because remember, these children are the abused and misused children of the state.”
“That’s fine. Again…”
“And so, therefore…”
“…how do they get the money? Do we put it in an account that vouchered to the school that’s gonna give ‘em the training?”
“Yes.”
“Or are we gonna write a check to ‘em for $15 hundred?”
“No. No. No. No. We’re… we’re gonna…”
“Do they ever get constructive receipt of the money?”
“DCFS will promulgate the rules and the guidelines in such a manner in which these monies will be disseminated to these emancipated children.”
“How’s it disseminated? By check?”
“It will… you know what? They’re gonna establish a checking account for these children so they will leave…”
“So they will have direct control over this money. They can blow it if they want to.”
“Well, you know what, Representative, you have to understand, these ch… these people… these children are in need of a place to live. And so, $15 hundred… ya know, they may need to, ya know, buy a telephone, pay a light bill, put money on a down payment for an apartment.” 09400063.doc 145 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“And that’s what we would hope… we’d want them to do. I would want them to do that. But that does not… that begs the issue. If you give them the money, they can blow it.”
“No. No, not necessarily.”
“And at that age, I’m afraid many of them will do that.”
“Representative Parke, your time has expired. Could you bring your remarks to a close?”
“Thank you. To the Bill. I think the Lady’s idea has some merit but ya know, we don’t have the money and on top of that it’s… she’s very unclear. She says that it’s gonna be put in an account but ultimately the youth, 16 years old, 17 years old, can have direct control over that money. Simply giving it to ‘em and they can spend it any way they want, I think that’s irresponsible. And I for one will not be supporting the Lady’s Bill.”
“Representative Flowers to close.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I just want to correct for the previous speaker that a thousand dollars will go into a housing voucher for the children. The rest of the monies will be given in the form of a check for any light or any type of gas or… you know, they… and they would have to provide a budget to the Department of Children and Family Services so we can see where the monies is going. This is the children’s money, it’s a cost savings to the state, and it is subject to appropriation. And I would appreciate your ‘aye’ vote. Thank you.” 09400063.doc 146 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. 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 93 voting ‘yes’ and 23 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk, what’s the status of Senate Bill 661?”
"Senate Bill 661 is on the Order of Postponed Consideration.”
“Return that to the Order of Second Reading. On page 11 of the Calendar, under the Order of Consideration Postponed, is Senate Bill 1968. The Gentleman from Clinton, Representative Granberg.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 19… 1968 provides quick-take authority for one… one parcel for a railroad spur in Williamson County. I would be happy to answer any questions.”
“The Gentleman moves for the passage of 19… Senate Bill 1968. And on that question, the Gentleman from Cook, Representative Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“He indicates he’ll yield.”
“Why do you have to go to quick-take, Representative? Why don’t you just negotiate with the land owner?”
“Representative, this is not my district, Representative Parke.”
“Well, can the person who wants to speak to that?” 09400063.doc 147 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Yes. It’s my understanding they’ve been negotiating and… but now because of economic development they’re expanding a coal mine. But I’ll let Representative Bradley respond.”
“So, I… I would like to hear from him then.”
“Representative Bradley.” Bradley, J.: “Mr. Parke, this is a coal mine development and they’ve acquired all the property in this abandoned railroad crossing except for one, like it’s about a 10-foot strip, something like that. And they’ve made a substantial offer on it and they’re still negotiating. County board bipartisan has come to me and asked me if they could get this authority in case the negotiations fail. And it… it only… I know there were some concern but it only applies to this specific property and this specific instance. It doesn’t give the county board blanket authority to do quick-take any other place other than here.”
“Normally… on quick-take it’s normally done for government. It’s our understanding that this quick-take will end up being given to a private developer. Is… am I wrong?” Bradley, J.: “No. No, it’s Williamson County.”
“Oh, the use will be for a private developer.” Bradley, J.: “Williamson County is doing this and then it will be up to them to determine what to do with it.”
“And this is one land owner that just doesn’t wanna sell their property?” 09400063.doc 148 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 Bradley, J.: “And they… and they’ve made an offer which is substantially more than what the value of the property is. It’s an abandoned railroad bed.”
“Thank you for the information.”
Speaker Hannig: “Representative Black, the Gentleman from Vermilion. Representative Black.”
“Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. I’ve had a chance to talk with the Speaker about this. I didn’t vote for this Bill last time but ya know, one… every once in awhile when we get a chance to talk to one another and it’s very helpful. This helps an area in the southern part of the state and… and, believe me, if you’ve never been south of Springfield, it’s an enlightening experience to do that. I am not opposed to giving someone the tools to utilize… that they think will help a county or a community in their area. It’s… It’s not… not my intent to stand in the road for somebody who thinks they need certain tools to use to help themselves. For many of us who voted ‘no’ on this side of the aisle, I would urge you to reconsider. I think the Gentleman has told you honestly what the… what the Bill does, what it will be used for. I intend to vote ‘aye’.”
“Representative Granberg to close.”
“Thank you. Thank the Gentleman from Vermilion, my good friend, Representative Black. And I’d really be appreciative if it was in… if it was in my district. But thank you. I urge an ‘aye’ vote.” 09400063.doc 149 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Howard, would you like to be recorded? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 70 voting ‘yes’ and 46 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 8 of the Calendar, under the Order of Senate Bills-Second Reading, is Senate Bill 955. Mr. Clerk, read the Bill.”
"Senate Bill 955, the Bill’s been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed.”
“Third Reading. Mr. Clerk, read the Bill.”
"Senate Bill 955, a Bill for an Act concerning public aid. Third Reading of this Senate Bill.”
“The Lady from Cook, Representative Lou Jones.”
“Thank you, Mr. Speaker and Members of the House. Senate Bill 955… Senate Amendment 1 becomes the Bill. The Bill amends the notification of support obligations for child support payments for administrative… administrative only. This Bill was Senate Bill 530 that went out of the House with 115 votes. The Amendment that the Sheriff Department put on that changed the title of the Bill so the… and the Bill did not get called in the Senate before a deadline. This is the exact same Bill that was put on Senate Bill 955. And all this Bill does… it’s a very 09400063.doc 150 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 important Bill. It allows other people to serve warrants for child support and it helps the backlog for Public Aid. I ask for a favorable vote.”
“The Lady has moved for passage of Senate Bill 955. Is there any discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr… Mr… Representative Turner. Mr. Clerk, take the record. On this question, there are 116 voting ‘yes’ and 0 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Molaro, for what reason do you rise?”
“Inquiry of the Chair.”
“Yeah, state your inquiry.”
“When… when might you get back to your seat and have someone else by the Speaker? With you there it just makes me nervous we’re not gonna get done what we need to get done. So, ya know, we’re all waiting for you to get back to your Chair. We need ya, Gary.”
Speaker Hannig: “Thank you, Representative. Representative Black, for what reason do you rise?”
“Thank you very much, Mr. Speaker. Pursuant to House Rule 18(g) and House Rule 58, I move that Senate Bill 93 be discharged from the House Rules Committee and be placed on the Order of Second Reading. I have filed that Motion in writing.” 09400063.doc 151 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Representative Black moves that the… moves to discharge the Rules Committee on Senate Bill 93. This requires unanimous consent. Does anyone stand in opposition? Representative Currie.”
“Thank you, Speaker. I object to the Motion.”
“Okay. Representative Currie objects so the Motion fails, Representative Black. Representative Black.”
“Mr. Speaker, I really don’t understand this at all. If you’d look at the Bill… but since you’ve denied another reasonable request… ya know, God help us. I thought this was a democracy… a representative democracy but I… I must be mistaken. Since you’ve denied… one person has denied this request, pursuant to House Rule 57, I move that the ruling of the Chair to deny our discharge Motion be appealed and that the Chair be overruled. And Mr. Speaker, let me use a portion of my two minutes to tell you why I’m taking the very valuable time of this Body to do this. This is a Bill that could create jobs in central Illinois. It passed the Senate unanimously. All it does is to allow the federal standards for performance of a small institutional steam generating unit for certain greenhouse boilers to be used, the federal standard. That’s all it does. Nonhazardous air pollutants and by allowing the federal standards to be used, you could create a plant that is related to the agricultural industry of this state to go into operation and hire people to work in it that live in central Illinois. I don’t understand this process. It passes the Senate unanimously, Republican and Democrat 09400063.doc 152 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 votes. And then for some reason the Democrat Majority in the House refuses to post the Bill for a hearing in the Executive Committee. You could’ve discharged this Bill. It would’ve passed unanimously in the House if people’d just get a chance to look at it and read it. I move the Chair to be overruled.”
“Representative Black moves that the Chair be overruled. So the question is, ‘Shall the Chair be sustained?’ Those in favor of sustaining the Chair vote ‘aye’; those in favor of overruling the Chair vote ‘nay’. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 63 voting ‘yes’ and 52 voting ‘no’. And the Chair is sustained. On page 10 of the Calendar is Senate Bill 1821. Mr. Clerk, read the Bill.”
"Senate Bill 1821, the Bill’s been read a second time, previously. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed.”
“Third Reading. Mr. Clerk, read the Bill.”
"Senate Bill 1821, a Bill for an Act concerning regulation. Third Reading of this Senate Bill.”
“Representative Mautino.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This legislation is… represents an agreement between the Illinois State Fire Marshall, the Illinois Fireworks Association, the fire protection districts, and the Fire Services Association, along with the Fire Safety 09400063.doc 153 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 Alliance. It’s been about a 2-year process. It completes a memorandum of understanding on setting up definitions for ‘consumer fireworks’. And I wanted to thank those Representatives that were involved in it, Representative Saviano, Schmitz, some of the other groups, for taking the Amendment, which became the Bill, and resolving this question that has been under review for the last couple of years. And I’d appreciate an ‘aye’ vote.”
“The Gentleman moves for the passage of Senate Bill 1821. And on that question, the Gentleman from Champaign, Representative Rose.”
“Will the Gentleman yield for a question?”
“He indicates he’ll yield.”
“Does this impact the local guys that put up about three weeks before the 4th of July in the, ya know, gas station parking lots and they sell sparklers and snakes and things of that nature? Are they impacted by this?”
“Yes. This is the… this is the one that sets up that definition and splits out who are the big guys that put on your 4th of July displays out in the park and the backyard stuff.”
“And then what happens to those… to the little guys who are just selling the sparklers and… and things on the side of the road?”
“Within the Bill itself, their… their concern was that they made sure their items would be covered under the definitions of this law. The Amendment itself, for example, defines the number of items that… that could be 09400063.doc 154 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 included. It also structures who is a consumer operator. It sets and separates 14-G explosives in the definitions from the division 3-G that are out there. It also sets up the licensing for… requires licensed pyrotechnical operators. It allows the cities to issue permits for those who are gonna be doing consumer displays.”
“Is the… the Illinois Fireworks Association is in favor of this. Who… is that… who is that? What… what’s that organization represent?”
“And there’s spe… there’s separate language in the Bill to deal with, like, those little black cat firecrackers… or a separate Bill that deals with the black cat… and I’m not promoting black cat fireworks over one… those are the little firecrackers that ya… that they sell at those… sparklers, those kinds of items.”
“So that… that’s… so the sparklers and those things aren’t part of this?”
“No.”
“Okay. All right. Thank you, Representative.”
“Representative Schmitz.”
“Thank you, Speaker. To the Bill.”
“To the Bill.”
“I just would like to take a brief second and thank the Sponsor for working on this legislation. It has been a long road and we worked on the other one a few years ago and we got that through and we decided that there were a few problems with it we had to clean up and you guys have been very gracious, worked on it. The Fire Caucus is now 09400063.doc 155 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 in support of it and the Fire Marshall, at the office everyone’s working on it. It… it cleans up what happened last year with the House Bill 1000, which was vetoed by the Governor. So with that, Frank, thank you for your help and your work efforts. And I do stand in support of this and I would encourage our side of the aisle to vote ‘aye’.”
“Representative Moffitt.”
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“Indicates he’ll yield.”
“Representative, just… just for the record, I think this really replaces the Bill that was the last Bill of the last Session, doesn’t it?”
“Yes, it does.”
“And I made reference to that on a prior Bill that was agreed, but this was the one… was that Senate… I’m asking, was that Senate Bill 1000? That was the last day of the old Session? House Bill 1000.”
“This is… yeah, this is different from House Bill 1000.”
“Right.”
“Correct.”
“But I mean, that’s the one was the last day. There was… it was a very close vote and then it was vetoed by the Governor and then this is follow-up legislation to…”
“That’s correct.”
“…to continue to try. I… I do wanna commend you and everyone involved for continuing to work. At this point, an agreed Bill and, at this point, proponents are from the 09400063.doc 156 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 fire service. Representative, you… you agree with that initiative, fire service has many proponents on this Bill now.”
“Absolutely. As I’ve mentioned, the Fire Services Association, the Fire Safety Alliance, State Fire Marshall, the fire protective districts are all in favor of the Bill at this point. And we’ve thanked them, actually, for their participation in those discussions.”
“Will this allow there to be any roadside stands of any kind to sell any particular class or will those be permitted or not permitted under this?”
“This… this does not deal with the small-time operators so that’s not addressed in this. This structures a regulatory scheme for large commercial.”
“So it… it has no… no change from the current law?”
“Correct. No, no. Excuse me. Excuse me.”
“In terms of the…”
“Yes, it does… it does change the current law to provide for a regulatory structure with respe…”
“I… in re… with respect to small retail, small roadside stands?”
“With the… with respect to those that you’re asking about, the separate vehicle, which regulates that.”
“Representative, I do have one other question. I think an implication was that a basic sparkler on a birthday cake could make a person a felon. And I think that was maybe a basic… basic sparkler on a birthday cake, 09400063.doc 157 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 maybe that was an overstatement. Do you… can you clarify that?”
“Ya know, you mentioned you would bring that up. Had they put a black cat firecracker on top of that it would’ve been a $5 thousand fine. But I stand corrected.”
“A basic sparkler. Did your son have a nice birthday?”
“He… he had a wonderful birthday and nobody had to go and get a million dollar policy for their homeowner’s insurance. They didn’t have to risk a $5 thousand fine.”
“Thank you for that clarification. I appreciate that.”
“I knew that’s where you were going with this.”
“And I… and again, I commend you and all parties involved that… that we have an agreed Bill now. And I intend to vote for it. Thank you.”
“The Gentleman from Vermilion, Representative Black.”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?"
“Indicates he’ll yield.”
“I… I apologize, Representative. The noise level is such that you often can’t hear. Will this allow… there are only two counties in the State of Illinois that allow the sale of Class C fireworks, I believe it’s Sangamon and Macon. Will that still allow that sale to…”
“It remains as it is today. Yes.” 09400063.doc 158 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“In other words, if Sangamon County doesn’t wanna sell Class C fireworks, Sangamon County can outlaw it like the other… like 100 counties have done, correct?”
“Absolutely correct.”
“And you… you’ve tightened up all of the things that were in there that some people had a concern about last Veto Session?”
“With your help. And I appreciate that.”
“Excellent job. Thank you very much. I hope everybody can vote ‘aye’.”
“Representative Mautino to close.”
“Thank you. I appreciate all of those who have worked on the Bill itself and it settles a memorandum of understanding. It gives us a useful framework for regulation of pyrotechnics and does not impact those counties which choose to do that. Appreciate an ‘aye’ vote.”
“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Kelly, would you like to be recorded? Representative Jenisch, would you like to be recorded? Mr. Clerk, take the record. On this question, there are 115 voting ‘yes’ and 1 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 9 of the Calendar, under Senate Bills-Second Reading, is Senate Bill 1814. Mr. Clerk, read the Bill.” 09400063.doc 159 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
"Senate Bill 1814, the Bill’s been read a second time, previously. No Committee Amendments. Floor Amendment #2, offered by Representative Reitz, has been approved for consideration.”
“Representative Reitz.”
“Mr. Speaker, I move to table Floor Amendment #2.”
Speaker Hannig: “The Amendment is withdrawn. Any further Amendments?”
"Floor Amendment #3, offered by Representative Reitz.”
“Representative Reitz.”
“I move to withdraw Amendment #3 also then… or table it.”
Speaker Hannig: “Amendment #3 is withdrawn. Any further Amendments?”
"Floor Amendment #4, offered by Representative Reitz.”
“Representative Reitz.”
“Thank you, Mr. Speaker. Amendment #4 becomes the Bill. What is essentially does, it allows the Department of Commerce and Economic Opportunity to allow new gasification facilities to be considered within their funding for the funds that they have for coal development. And… and the original Bill which extends the time period for FutureGen… the FutureGen project from July 1, 2005 to July 1, 2006. This should help with the Bill with the addition of the Department of Coal… anyway, within the Department of Commerce and Economic Opportunity, this will allow a number 09400063.doc 160 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 of projects, one in Representative Sacia’s district, Representative Hannig, Representative Bradley. It’ll allow all of them an opportunity to participate in these programs if the department sees fit.”
Speaker Hannig: “All in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Mr. Clerk, read the Bill.”
"Senate Bill 1814, a Bill for an Act concerning finance. Third Reading of this Senate Bill.”
“Representative Reitz.”
“Same explanation. Vote for me.”
“Representative Granberg.”
“Thank… thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise in strong support of the Bill. When we did the coal incentive package 5 years ago, we didn’t acknowledge what technology would do with use of Illinois coal. So by definition, we limited to mine-mouth power plants. This would expand it to do other types of technology that are environment… that are environmentally correct. So this is an… should be an acceptable policy. We’re not asking for additional money. We’re expanding the definition. And in fact, if there is a grant available, it’ll be financed by that entity itself. That revenue stream is from the additional sales tax on coal that is utilized. So there’s no cost the State of Illinois, it is 09400063.doc 161 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 self financed, and enhances economic development. And I would urge an ‘aye’ vote.”
“The Gentleman from Vermilion, Representative Black.”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?"
“He indicates he’ll yield.”
“Representative, in Amendment #4, page 2, line 14…”
“Okay.”
“…if you’d take a look at that… I don’t understand this. A new gasification facility does not include a pilot project located within Jefferson County or within a county adjacent to Jefferson County for synthetic natural gas from coal. New facility means a new electric generating facility or a new gasification facility. A new facility does not include a pilot project located within Jefferson County or within a county adjacent to Jefferson County for synthetic natural gas from coal. Why are you eliminating the pilot project in Jefferson County?”
“That’s in relation… and that’s the difference between Amendment 2 and Amendment 4. In between times from the time we had drafted Amendment #2, Senate Bill 90, which was a Bill we passed earlier today, was specifically for the project in Jefferson County. So we are not allowing them to participate in this new fac… in the DCEO’s tax program.”
“Would… would the facility in Jefferson County be able to benefit from the issuance from the bonds, GO bonds? Or 09400063.doc 162 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 are they just treated completely different and separate than any of the other projects?”
“It’s my understanding, and Representative Granberg can touch on this if he wants, but I think the… the…”
“Representative Granberg, perhaps you’d like to answer the question. Representative Granberg.”
“Representative Black, the company that was a subject of Senate Bill 90 preferred Senate Bill 90. They can operate on that Bill alone. So they thought it was not necessary to be included in this Bill.”
“So in other words, it’s an either/or situation and the Jefferson County project chose what they wanted to be under. This Bill then is not coming along and eliminating any incentives for that plant?”
“Absolutely not.”
“Okay. Fine.”
“Through… through the course of negotiations…”
“Yeah.”
“…they chose…”
“All right.”
“…Senate Bill 90.”
“No, I understand that. Thank you very much.”
“Thank you.”
“Any further discussion? Then the question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative McAuliffe and Bailey, would you like to be 09400063.doc 163 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 recorded? Mr. Clerk, take the record. On this question, there are 112 voting ‘yes’ and 0 voting ‘no’ and 3 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. I just would announce to the Members who have an intention of filing Agreed Resolutions, if you… if you’d like to get them to the well as soon as you can we will try to process them for you as quickly as we can. So, we can do another round of Agreed Resolutions if anyone has them out there. Mr. Clerk, read the Committee Reports.”
Clerk Mahoney: "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 31, 2005, reported the same back with the following recommendation/s: 'approved for floor consideration' is Amendment #2 to Senate Bill 316, Amendment #4 to Senate Bill 1814, and Amendment #1 to Senate Bill 1964; on the Order of Concurrence, a Motion to Concur with Senate Amendment #1 to House Bill 2509.”
“On page 7 of the Calendar, under the Order of Senate Bills-Second Reading, is Senate Bill 316. Mr. Clerk, read the Bill. Okay, Mr. Clerk, let’s take this out of the record for a moment. Okay, Mr. Clerk, read the Bill, please. Senate Bill 316.”
"Senate Bill 316 has been read a second time, previously. Amendment #1 was approved in committee. Floor Amendment #2, offered by Representative Hoffman, has been approved for consideration.” 09400063.doc 164 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Representative Currie.”
“Speaker and Members of the House, as you know, the higher tax rates for the state’s riverboats are scheduled to sunsi… sunset at the end, I believe, of next month and this measure would essentially hold the state harmless against those additional dollars without reimposing the higher tax rates against the riverboats. They believe that they will, in fact, do better at lower tax rates and they believe that they can essentially hold us harmless against the money we might otherwise lose. The legislation would provide for a decrease in the head tax for the smaller boats, the boats that don’t bring in large numbers of people, but each of the boats would commit to making the state essentially whole, that means that in fiscal 2006 the state would take in approximately as much as we did in fiscal 2005. This is important for purposes of making sure that the state budget will be in balance. I’d be happy to answer your questions.”
“I would suggest we’ll adopt the Amendment and then debate the Bill. Would that be… would that be okay with everyone? This is on Second Reading. So, the Chair would suggest we adopt the Amendment with a voice vote and then we’ll debate the Bill on Third Reading. So all in favor of the Amendment say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Mr. Clerk, read the Bill.” 09400063.doc 165 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
"Senate Bill 316, a Bill for an Act concerning revenue. Third Reading of this Senate Bill.”
“Representative Currie.”
“Thank you, Speaker. The measure is precisely as I’ve already explained it. We wanna make sure that the state has enough dollars to meet our responsibilities through the fiscal 2006 budget. We are not reenacting the tax but the riverboats have promised to make us whole in the coming fiscal year and they believe that a lower tax rate will enable them, in fact, to generate not only more profits for them but more tax dollars for us. I’d be happy to answer your questions and I hope you’ll vote ‘yes’ on Senate Bill 316.”
“And on that question, the Gentleman from Cook, Representative Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“She indicates she’ll yield.”
“Representative, is this the only Bill that we’re gonna hear between now and adjournment today on riverboats?”
“As far as I know, Representative.”
“And this Bill simply… it will lower the tax rate to 50 percent for all the riverboats, is that correct?”
“That will… that will be the highest… the highest rate rather than 70 percent, which is the current rate. And it’ll also…”
“It’ll lower it from 70 to 50 for those that are paying that.”
“That’s right. We will return…” 09400063.doc 166 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“But there is a hold harmless clause in there, right?”
“For the state. The riverboats have agreed to hold us harmless and we will not extend the higher tax. We will also reduce the head fee for the boats that do not bring in large numbers of patrons.”
“Now, do you know of anybody who’s in opposition to this? Is there any…”
“I… I do not know.”
“Do you know if there’s anybody in support of your Bill?”
“My understanding is that the proposal was acceptable to the riverboat gaming industry.”
“So the gaming industry… as far as you know, the total industry is in support of this legislation?”
“That’s my understanding.”
“And so there’s no opponents, no… no riverboats have indicated to you that they are in opposition.”
“I can’t speak with absolute certainty, but I am aware of no opposition.”
“Thank you.”
“Representative Black.”
“Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. To the Bill.”
“To the Bill.”
“Thank you. Nothing… nothing surprises me anymore. I think it’s… I think it’s just absolutely amazing that we can lower the effective tax rate on the gaming industry, the casinos, the riverboats, whatever you want to call 09400063.doc 167 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 them, and sup… and allegedly they’re going to write a check to the state to make up any of the difference if… if there is a difference. Now, I’ve been told that the boats don’t like this particular provision so I don’t know if they’ll write a check or not. Ya know, it’ll probably end up in court like everything else in the budget this year. But it just amazes me we can lower the effective tax rate… although, even… even though the Governor promised 2 years ago he would lower the tax rate. So we give… we give the gaming boats, the politically connected gaming boats, the casino, the riverboat industry in the State of Illinois, some would say a break, some would say it isn’t a break. But we can still divert $2 billion of the Pension Fund. What an amazing situation we find ourselves in. What a wonderful Bill this is.”
“Rep… Representative Lang.”
“Thank you. Will the Sponsor yield?"
“She indicates she’ll yield.”
“Yes.”
“Representative, this is for 1 year?”
“This is for 1 year.”
“And then it goes back to the flat 50 percent maximum that it was prior?”
“Let me remind the Members of this chamber, there is a sunset on the 70 percent tax rate that goes away. This Bill does not lower any tax rate for the riverboats, what it does provide is a 1-year period during which the 09400063.doc 168 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 riverboats will continue to pay what they would’ve paid had the tax been extended.”
“And so…”
“I’m sorry. I’m sorry, it’s 2 years. It’s a 2-year period.”
“Two years. But in fact, if we were not to enact this Bill we would have less money to spend in this year’s budget.”
“We would have somewhere between 90 and 150 million dollars less to spend. But this measure does not lower the tax rate…”
“Thank you.”
“…because that’s already lowered.”
“One other question. This does not change the increments on the way up to 50 percent, does it?”
“No.”
“All right, thank you. To the Bill, Mr. Speaker.”
“To the Bill.”
“I know that to some of the uninitiated it may seem like (a) we’re lowering somebody’s taxes or (b) it’s gonna cost us money in the long run. But those of us who have studied gaming in Illinois, and I think you know I have, would be proud to tell you that the 70 percent tax has cost the State of Illinois money. The 70 percent tax has changed a lot of items on the riverboats which have caused people from Illinois who were spending money on our riverboats and in restaurants and hotels and stores and shopping around the riverboats to go somewhere else. So we’ve exported 25 09400063.doc 169 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 percent of our gamers, 25 percent of the purchasing power of those people to Indiana and Wisconsin and Iowa and Missouri who, strangely enough, all of them are up 25 percent during this period of time. And I would tell you that, as a person who has studied this issue and has talked to these folks, they have had huge amounts of construction and plans pending that has been on hold. They’ve wanted to build dockside facilities, they’ve wanted to build restaurants and hotels and shopping malls. But they’ve been unable to build because of the 70 percent tax. What this will do is, first, give the state a hold harmless as if we had a 70 percent tax for the next 2 years, but then it would increase economic development and job creation in the State of Illinois by convincing these riverboats to go ahead with those plans to build those shopping malls and those restaurants and those hotels. And when they do this with this lower head tax they will bring these people back from Indiana and Wisconsin and Iowa and Missouri to spend their hard earned Illinois money right here in the State of Illinois. And that’s good for our economy, of course it’s good for the riverboats. But if that’s all you’re concerned with then vote ‘no’. This is good for the economy of the State of Illinois. It will improve our economic climate, improve economic growth, improve economic expansion, and create jobs. And if that’s not what this General Assembly’s about, I can’t imagine why we’re here. Vote ‘yes’.”
“Representative Schmitz.” 09400063.doc 170 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Thank you, Speaker. Will the Sponsor yield?"
“She indicates she’ll yield.”
“Majority Leader Currie, I think a minute ago we just heard that… it said this is for a 1-year deal?”
“I’m sorry, 2 years.”
“That’s what I wanted to clarify. Our… we thought it was a 2-year as well.”
“Right.”
“Also, in… in the analysis we’re trying to figure out if… if a boat’s employees went on strike would that be determined as something catastrophic under the formula?”
“In fact, there is a provision in the Bill that would enable the Gaming Board to make a difference in the hold harmless if there is some act of God, some occurrence that throws things into total turmoil, into a total tizzy.”
“So would a strike be considered one of those total turmoils?”
“The board would have the discretion to determine what would count as a catastrophic action under this… under this language.”
“Okay. So…”
“But my own guess is that they would say, yeah, that makes a difference, a material difference.”
“There is no clear definition on here. It says, ‘Catastrophic is…’”
“There’s no laundry a list.”
“Okay. Thank you.”
“Representative Hoffman.” 09400063.doc 171 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Thank you, Mr. Speaker. I rise in support of Senate Bill 316. What this will do is this will provide 80 to 85 million dollars of money to the State of Illinois that we would’ve lost if we didn’t do this Bill. Are all the gaming interests excited about this? No, they don’t wanna pay some of these taxes. But they’re okay with it ‘cause they understand we have a budget deficit. They’re willing to go along with this in exchange for some of the provisions that Representative Lang talked about, which will allow them to be more competitive with other boats in other states. This is a Bill that I believe we need to pass and move forward so that we can provide additional revenue to balance our budget. I ask for an ‘aye’ vote.”
“Representative Sullivan.”
“Thank you, Mr. Speaker. Ladies and Gentlemen of the House, to the Bill.”
“To the Bill.”
“The previous speaker that is head of the Gaming Commission… Gaming Board spoke very eloquently about what this Bill does. As written… or as amended, this is a pro-jobs Bill. The industry itself has asked for this language to try and create jobs. So I tell people on my side of the aisle that… that what has been said is correct and I recommend that we do pass this. Thank you very much.”
“Representative Verschoore.”
"Thank you, Mr. Speaker. I, too, rise in support of this. What Representative Hoffman said earlier about 09400063.doc 172 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 evening the playing field so to speak, in my area there’s two other boats in Iowa that have a fav… more favorable income tax and whatever. And as far as Representative Sullivan said, it’s going to create 5 hundred construction jobs in my area plus 2 to 3 hundred permanent jobs after the project is completed. So I, too, rise in strong support and urge an ‘aye’ vote. Thank you very much.”
“Representative McCarthy.”
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“She indicates she’ll yield.”
“Representative, on our analysis, there’s only eight boats when it says about the guaranteed amount. So, I think Representative Verschoore’s boat’s gone or something. So…”
“Right. Those boats go back to the… to the earlier rates, the rates before we had the increase.”
“But what did that boat bring in this year.”
“Casino Rock Island is not on this list. They go back…”
“So they… they don’t have to meet any…”
“Right.”
“…basic?”
“Right.”
“And what was the ration… I mean, I know they’re smaller than others, but what was the rationale?”
“Representative Hoffman, do you wish to answer the question?”
“Because they’re…” 09400063.doc 173 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“I’d rather have the Sponsor answer.”
“Representative Hoffman, answer it.”
“Yes, Rock Island is facing stiff competition with Iowa. They pay us $6 million a year in tax and this would go to the Ryan rates, before we changed the rates. And they would pay 5 million under this so they could be competitive with Iowa.”
“So their guarantee would be 5 million, then?”
“Well, their…”
“Like, if we added up all of these guarantees. Do we add something in there for Rock Island?”
“They are not… they are not guaranteed. But I can assure you that the revenue projections are that they will be there at 5 million.”
“Well, I think if we took that Rock Island boat and put it in the south suburbs we could probably guarantee at least 50 million right off the bat. But… but for now, I think I’ll leave Representative Verschoore’s boat alone.”
“Representative Molaro.”
“I’ll be real quick here. Representative Black and I have served long enough to remember when someone gave their word, they’d try to keep it. This is a double… double whammy for the state and to tell ya how good of a deal this is for the state. Wall Street likes to look around and see if states keep their word. They like to see if they can count on it. They wanna put in money but they wanna make sure that when they put in money they keep their word. We did it 2 years ago. We said we would cut it back down to 09400063.doc 174 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 50 percent and this Bill does it. But I gotta give the Governor and the four Legislative Leaders credit and the budget director, because they came up with an ingenious way where we can tell Wall Street we’re keeping our word, going back to 50 percent so we can do things… remember… remember the Bill, economic development, jobs, all that stuff about gaming. Now, we can do that, keep our word, and yet, also get the money that 70 percent would’ve improved. So this is a win-win Bill. It’s an genius way. We keep our word, go back to 50 percent, get jobs and economic development and also, for the next 2 years, get the money that would fill the budget hole. This is a very big ‘yes’. Thank you.”
“Representative McGuire.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I speak from experience from Joliet. We have two riverboats in Joliet and have had since day one. This Bill is an economic development Bill. We’re not hurting… we’re not hurting the boats, we’re not hurting anyone. We’re trying to help the people who have jobs on the boats. I have 3 of the 4 thousand people in my district that work on the boats. I wanna keep those jobs. Vote ‘yes’.”
“Representative Black, I… I believe you spoke in debate. Am I incorrect?”
“Yes, I did, Mr. Speaker. But the… my good friend, the Gentleman from Chicago, used my name in debate.”
Speaker Hannig: “I think he said fine things about you, Representative.” 09400063.doc 175 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Well, he… he did. But Mr. Speaker, I’d like to respond because I think he was… he had a fundamental flaw in his premise. Let me just say very quickly, Mr. Speaker…”
“Okay.”
“We have a lot of things to do. The state didn’t make any promise to the boat owners. The State of Illinois made no promise. The Governor of the state made a promise and it’s my understanding that the Governor wanted to keep… not keep his word. He wanted the higher tax rate. So what you’re about to do, the Governor gets to cross his fingers and keep his word. The tax rate gets lowered but supposedly we’re held harmless. This is a pretty good trick. I… I mean, I have to hand it to whoever came up with this. In other words, the Governor gets the higher tax rate, but on the surface it looks like he’s keeping his word. And we all know he didn’t wanna lower this. But when we use things like keeping our word, you might want to remember that we gave our word… this General Assembly gave their word in 1995 to fully fund the pension system by 2045, and 10 years into that promise you have decided not to keep it.”
“Representative Currie to close.”
“Thank you, Speaker. I’d appreciate your ‘aye’ votes.”
“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. 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 79 voting 09400063.doc 176 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 ‘yes’ and 34 voting ‘no’. And this Bill, having received a Constitutional Majority, is hereby declared passed. On page 10 of the Calendar, under Senate Bills-Second Reading, is Senate Bill 1964. Mr. Clerk, read the Bill.”
"Senate Bill 1964 has been read a second time, previously. No Committee Amendments. Floor Amendment #1, offered by Representative Nekritz, has been approved for consideration.”
“Representative Nekritz.”
“Thank you, Mr. Speaker, Ladies and Gentlemen. Senate… Floor Amendment 1 removes from this comprehensive tollway reform Bill all the provisions dealing with the Inspector General. And we hope to revisit this issue but there seem to be some issues about how this Inspector General provision that was in our existing Bill relates to the existing ethics laws and the existing Inspector General laws. And so we’re removing that from this Bill in order to have an opportunity to review that and bring that back in the future.”
Speaker Hannig: “The Lady moves for the adoption of Floor Amendment #1. And on that question, Representative Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“She indicates she’ll yield.”
“Amendment 1 removes all language pertaining to the appointment of an Inspector General. Why is that necessary?”
“Well, as I indicated, Representative, there… there have been some concerns raised as to how the provisions 09400063.doc 177 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 that are in this legislation relate to the existing ethics laws and the existing Inspector General positions. And since we are in the 11th hour we were hoping to have some time to review that and bring that back in the future.”
“That doesn’t make sense. I mean, if it’s… if it’s a good idea to have the Inspector General, why do you wanna take it out? That’s… maybe because the Inspector General might find some things that the toll way doesn’t want us to find out. So, I… I’m gonna oppose the Lady’s Amendment. I think that’s a good idea. I think the Inspector General for the toll way is a good idea. And to simply say because it’s late in the day begs the issue. I wish she had a better answer to that question.”
“Is there any further discussion? Then all in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Amendment is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Mr. Clerk, read the Bill.”
"Senate Bill 1964, a Bill for an Act in relation to transportation. Third Reading of this Senate Bill.”
Speaker Hannig: “Representative Nekritz. Representative Nekritz on the Bill. Representative Nekritz, did you wish to call the Bill on Third?”
“Thank you, Mr. Chairman. Thank you, Mr. Speaker. Yes, this is a comprehensive toll way reform legislation, as indicated, that we are taking the Inspector General provisions out. It does not mean that there will not be an Inspector General for the Tollway Authority. They have on 09400063.doc 178 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 their own appointed one and there is one currently serving in that position right now. This will just make it… remove the mandatory portions of it. And again, we’re are hoping to revisit that when we can see how all that relates to the existing Inspector General and ethics provisions. There are a number of other good provisions in this legislation. There are provisions in this legislation about how the toll way can spend its money. It does… it lays out a program and a hierarchy for how the toll way can spend its money, which is a provision… gives oversight that this General Assembly has never had before. It also creates a toll way amnesty program that will bring seven… several mil… several million dollars over the course of the next few months. It expands the ethics guidelines for toll way employees, places restriction on directors of the Toll Highway Authority and their employ… employees and agents regarding receiving financial benefit from their positions or employment with the Tollway Authority. It includes some minority and women-owned business provisions that will guide the Tollway Authority in contracting with minority and women-owned businesses. And it also has a couple of other provisions with regard to the use of photo blocker spray on the license plates of automobiles. The… as many of you are aware, the Tollway Authority keeps track of toll violators by taking a picture of a license plate and this will allow them to have greater enforcement capability. And it also importantly expands their ability to work with other local governments. There was a recent story about 09400063.doc 179 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 the toll way’s proposal to work with the Chicago Skyway to allow the use of I-PASS on the Skyway and also to work with the City of Chicago to allow the use of I-PASS at O’Hare Airport in the parking garage. These are the first steps to put… to allowing Illinois to participate in the nationwide Easy Pass Program and these are very important items that will bring much needed revenue to the Tollway Authority.”
Speaker Hannig: “The Gentleman from Cook, Representative Parke.”
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“She indicates she’ll yield.”
“Yes, can you explain on #6, allows the toll way to contract with public and private entities on the collection of tolls?”
“I’m sorry, Representative, I couldn’t hear you.”
“Number 6 says… oh, you don’t have a #6. Okay. It says, ‘Allows the toll way to contract with public and private entities on the collection of tolls.’ Why is that necessary?”
“Yes, Rep… yes, Representative. Right now the Tollway Authority does not have that authority. This will allow them, as I indicated, to enter into contracts to become part of the nationwide EZ Pass Program. It will allow them to enter into contracts with the Chicago Skyway in order to be able to use the I-PASS on the Skyway and also possibly with other agencies like that. For example, if they… if you wanted to use your I-PASS at the O’Hare Airport parking 09400063.doc 180 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 garage, right now we can’t do that without this authority being gi… being given to the Tollway Authority.”
“Well, do they put these out for bid?”
“Well, Representative, I’m not sure how you would put it out to bid with the Skyway. There’s only one Skyway authority.”
“Well, it says here that you’re gonna hire a private entity. Is that on a competitive bid basis? Do they put it out and say anybody who wants to put a bid in to be the private entity that collect tolls for the Chicago Skyway can do that? Do they competitively bid that?”
“Does the Sky… does the Skyway do that?”
“Does it? You say you wanna allow them to hire private entities to do that. I happen think that’s probably a good idea, but I wanna make sure that it’s not fraught with patronage, that all of a sudden you have a… a friend of somebody that’s involved in government that hires their firm. And… and do you have minority set aside in this? Does it have to be competitively bid? I mean, why should we allow the toll way to just hire whoever they want? Since the City of Chicago owns the toll way now, I wanted to know if it’s bid.”
“Well, Representative, we did bad… bid on the I-PASS Program and we are simp… we are just allowing the expansion of that with another governmental agency. I’m not sure how that would be bid.”
“Well, you’re gonna… it says it allows the toll way… it says, ‘to enter into intergovernment agreement or contract 09400063.doc 181 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 with a unit of local government or… or other public or private entity for the collection, enforcement, and administration of tolls, fees, revenues.’ Now, the ‘or’ is if you’re gonna privatize it, allow an outside firm to come in, is it competitively bid for that or are we just gonna give it to friends that are involved in the… in the mayor’s office?”
“Tha… thank you, Representative. I do understand your question now. The Tollway Authority, ya know, it did competitively bid the… the existing I-PASS program and I’m sure it would… would comply with the procument… procurement laws that it’s subject to and competitively bid those things. I… I was misunderstanding your question in that it was relating to governmental entities. But sure, it would do that.”
“Is there any minority set aside for this?”
“In… in that particular provision?”
“Yeah.”
“Well, there are other minority set asides… provisions for minority set asides in this legislation that don’t already… that… and this is something new for the Tollway Authority. So, I think that would be a good thing.”
“Well, if you do it I think it’s… it’s only fair that you have a minority set aside for that. And if you wish to… to do that I think that’s something you should do. I still…”
“But this legislation does that, Representative.” 09400063.doc 182 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“…think… I think the overall Bill is a good Bill, I just think that it’s… your Amendment 1 was totally unnecessary and makes me wonder if there’s something in this legislation or the operation of the toll way that… that you wanna hide. An Inspector General there would bring the light of day into these contracts and that makes me very uncomfortable and I’m disappointed that you would have that Amendment.”
“Well, recognize, Representative, that we have no Inspector General requirements right now, anyway. So, this would not…”
“Well, you can’t have one now.”
“…this would not change that.”
“Can’t have one now. It says specifically you can’t have it.”
“Well, we… we will bringing this back. Representative, and these… these Inspector General provisions were inconsistent with the existing Inspector General provisions under existing State Law. And we need… we need an opportunity to go back and do that.”
“Well, there’s the trailer… trailer Amendment to correct that?”
“Well, we will be… we will be bringing that forth.”
“I will be happy to cosponsor that with you.”
“And I will be happy to have you do that.”
“Thank you.”
“Representative Fritchey.” 09400063.doc 183 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Thank you, Speaker. I may have a conflict. I’ll be voting ‘present’.”
“Representative Black.”
“Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. Regardless of where you live or regardless of what side of the aisle you sit on, you oughta really take a good look at this. This just absolutely rips to shreds my concept of due process. I’m… I’m particularly fascinated by two things that this Bill will allow. It… it allows the owner of a vehicle whose motor vehicle was caught on a surveillance camera going through an I-PASS lane or violating the toll to… he’s liable for the fine. The owner of the car is liable for the fine, but he will be allowed to petition the court for indemnification. Well, it’s time to go to court. I probably am on the toll way three times a year. I’m not gonna have time to go to court and ask for indemnification. What if my son-in-law was driving my car? This isn’t due process. If this is reform, God, helps us. And the other one that I like, this will allow the toll way to take your vehicle, hold your vehicle if you owe the toll way any money. You’re gonna deprive me of my property… where’s my due process? What do I have to do, go to court? I can tell ya right now… and some of you will have these constituent cases as I do. I have a constituent who got notice in the mail that he went through an I-PASS lane and he didn’t have the transponder and therefore he owes ‘x’ amount of dollars, and the picture was included. This person lives in my district. 09400063.doc 184 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 His VIN number, his restriction certificate, and the car he drove in to my office in that day is a Lincoln town car, brand new. The picture of the vehicle is a Chevrolet Cavalier whose license number is not remotely related to my constituent’s. Now, he… we’ve sent in all the… all the paperwork but we haven’t heard one word from the toll way. So what’s my constituent gonna do? He isn’t gonna pay it. It’s not his car, he can prove that. But according to this, they can come down and hold his car because he owes them money. If this is reform… all I can think of is a prominent Chicagoan who years ago said, ‘Chicago ain’t ready for reform.’ Well, I can tell ya, if this Bill passes I can say the toll way ain’t ready for reform. If you like due process, if you think you have some basic rights… this is a bad Bill, vote ‘no’.”
“Representative Lang.”
“Thank you. Will the Sponsor yield?"
“She indicates she’ll yield.”
“Representative, I just… I just have one question. I’m not sure whether I’m for or against your Bill but sometimes when I drive through the I-PASS lanes my transponder doesn’t beep. I don’t think it reads it properly. Is there some risk that if that happens several times someone’s gonna get their car confiscated?”
“Representative, it’s my understanding that with the I-PASS that if for some reason… this happens sometimes if your credit card runs out, the date… the expiration date passes and it doesn’t automatically renew and you don’t 09400063.doc 185 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 know… you don’t quite put all that together that that… that that’s happened. Sometimes your transponder will not refill and then you have that happen. The Tollway Authority recognizes that those things happen and they are very willing to work with you to make sure that that… that situation gets corrected.”
“Well, I’m not actually talking about a situation where my credit card isn’t working or my I-PASS is out of money. There have been times I’ve driven through the I-PASS lane and it has not connected somehow. What happens in those circumstances or do you at least provide that the department will create some rules to deal with this situation? If it happens to me, it must be happening to other people.”
“Representative, I believe there is a process by which that can be taken care of. The Bill creates a rebutable presumption that the person driving the vi… the vehicle that failed to pay the toll is, in fact, the owner of the vehicle. There are ways to… to seek reimbursement from the person who actually was driving the vehicle. And… and the Bill does provide that the Toll Highway Authority must establish a process by which you could contest the fine, if you were in… if one was so imposed.”
“Well, if you assure me that on my way home tomorrow as I go through the I-PASS lane and it doesn’t click in on my I-PASS, I’m not gonna get arrested in the next couple days, I may vote for your Bill.” 09400063.doc 186 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“No, Representative, I don’t believe you’ll be arrested as long as you’re not speeding through the toll way booth.”
“Well, I can’t promise you that. Thank you, Representative.”
“Then I can’t make any promises for you.”
“Representative Rose.”
“Would the Lady yield?”
“She indicates she’ll yield.”
“Tell me about the cameras.”
“The cameras were already there, Representative. That does… that exists already.”
“Is it true that if I go through an I-PASS station that I can be tracked on the Internet as to what time I drove my car through that I-PASS station?”
“On the Internet? I don’t believe that to be the case.”
“I was told… and I don’t have an I-PASS so I don’t know. I was told I could log into my account and find out exactly when I went through each I-PASS and when each deduction was made from my account.”
“Representative, I couldn’t hear you.”
“I was told… I don’t have an I-PASS but I was told that as part of my account, my I-PASS account, I can log onto the Internet and see exactly what time each deduction was made and thus my car passed through that particular station.” 09400063.doc 187 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Representative, I’m not familiar with that, but this piece of legislation doesn’t say anything about that at all.”
“Okay. Tell me about this deal with the… going into court to negotiate that it really wasn’t me driving the vehicle but it was my vehicle.”
“Well, Representative, there… there are some… this legislation does create a rebutable presumption that it would be you as the owner of the vehicle driving it, which I believe is similar to what a parking regu… a parking fine would be. And then the…”
“So it’s a civil fine, it’s not a criminal fine?”
“It is a civil fine.”
“It doesn’t go on your driver’s abstract as a… as a moving violation?”
“Oh, it would not be a moving violation.”
“What’s the fine?”
“I don’t think it’s specified in the legis… I don’t think it’s specified in this legislation. I believe that’s… that is either established already by the Tollway Authority or in previous legislation.”
“So, people are gonna get fined and go to court to get out of their fine but we don’t know what the fine is?”
“It’s not addressed in this legislation. I believe that information is already out there.”
“Okay. Did… now, I’m gonna ask this for all my colleagues who like these cameras. Is there any speeding ticket in here where if you go from one I-PASS toll booth 09400063.doc 188 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 to the next I-PASS toll booth and you get to the next one too quickly you’re automatically deducted your speeding ticket fine?”
“No, Representative, there’s nothing in this legislation about that.”
“But you would agree that for those who like cameras, that’s the logical next conclusion to where all this goes.”
“Well, I’m not sure what those… what those who like cameras would think about this.”
“I mean, if… if you can stop ‘em and tag ‘em for blowing the… the booth to begin with, there’s nothing that you couldn’t tag ‘em with going through the next booth too quickly.’
“I… if that could be done, Representative. Again, we don’t deal with that in this piece of legislation.”
“Representative, where did John Shirer go to play basketball?”
“Oh, Representative, he went to Duke. I’m so sorry to tell you.”
“All right. To the Bill, Mr. Speaker.”
“To the Bill.”
“I know and I understand that these cameras are already there and that this isn’t anything new, but I’m gonna vote ‘no’ because of the cameras anyway.”
“Representative Meyer.”
“Thank you, Mr. Speaker. Would the Sponsor yield?"
“She indicates she’ll yield.” 09400063.doc 189 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Representative, Floor Amendment… Floor Amendment #1 was adopted to this Bill, correct?”
“Correct.”
“And according to what I can see looking at the Bill, it removes the language pertaining to the Inspector General.”
“Correct.”
“Why did… why did you do that?”
“Well, Representative, first of all, the… there are no current provisions in the law…”
“I’m sorry, I can’t hear.”
“Representative, there… there are no Inspector General requirements right now for the Illinois Tollway Authority, so we… my… it was my hope to add that. Unfortunately, there appear to be some conflicts with what… with what’s in this legislation versus the existing Inspector General language for the constitutional officers. And so, the hope is to reconcile that so that we don’t have inconsistencies in Illinois Law regarding the inspect… the duties, the powers, the whatever regarding Inspector Generals and… and we will be… it would be my hope to bring that back.”
“When did that Amendment go on the Bill?”
“I think about 10 minutes ago.”
“Why did we wait until now to take the Inspector General out and then run the Bill right away?”
“Well, Representative, there are some important pieces of this legislation that are critical for the Tollway Authority’s budgeting over the summer. They would like to run… they would like to be able to implement the amnesty 09400063.doc 190 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 program that’s contained in this legislation. They would like to be able to move forward on the intergovernmental agreements with… with the Skyway, with potentially the City of Chicago on the O’Hare parking garage. And so, in order to get that done and… and not have these conflicting Inspector General provisions in there, it was necessary to remove that.”
“If we take this Inspector General… if this Bill passes without the Inspector General language in it, who will provide that service?”
“I’m sorry, Representative?”
“If… if this Bill passes without the Inspector General language in it, who will provide that service or that duty?”
“The… the… well, there is an Inspector General currently for the Tollway Highway Authority and they would… and for the Executive Branch and they would continue to do that.”
“Well, my understanding is that the current Inspector General really doesn’t have the teeth to really take action on anything. This, in fact, flushed that out to provide a… the responsibility in allowing to do his… him or her to do their job correctly. And again, why are we taking this out? What you’re saying is not really ringing true to me for some reason.”
“Well, Representative, this was… this was the request of the staff on this side of the aisle so that these things could be reconciled and we could bring it forward in the 09400063.doc 191 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 future in a way that made sense. And in order to get these other items through on a timely basis so that, again, the Tollway Authority could implement its amnesty program and implement these other intergovernmental agreements, this was the way we needed to do it.”
“Well, I would understand that some of this legislation’s very much needed. It’s disappointing that you… you had to, at this late point, take this out. Probably was not due to anything that you… you did but the lack of cooperation maybe from the toll way or whoever in… in getting this thing…”
“Well, Representative, I… I would not say there was a lack of cooperation on the Tollway Authority. I would, of course, like to move forward on these Inspector General provisions as well. But we… but I hope to do that in the future. And I have… I have assurances that we will be able to work that out with staff.”
“Well, thank you very much for your comments. And I wish you luck.”
“Thank… thank you.”
“Representative Smith. Mike Smith.”
“Thank you, Mr. Speaker. I move the previous question.”
“The Gentleman moves the previous question. The question is, ‘Shall the main question be put?’ All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. The main question is put. Representative Nekritz to close.”
“Thank you, Mr. Speaker. Again, I appreciate the discussion on this. This is… ya know, I do intend on 09400063.doc 192 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 coming back with the Inspector General provisions once they can be reconciled with existing Inspector General statutes. And this is important for the Toll Highway Authority to be able to move forward again on some of the programs that they’re hoping to implement. And I ask for your support.”
“The question is, ‘Shall this Bill pass?’ All in favor vote ‘aye’; opposed ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Tryon, do you wish to be recorded? Mr. Clerk, take the record. On this question, there are 72 voting ‘yes’ and 39 voting ‘no’, 4 voting ‘present’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Just for the Members’ notification, I would like Representative Parke… let me… you can be the first to know that the pizzas are here and they’re over in the east corridor. Representative Parke.”
“Thank you, Mr. Speaker. Everybody is walking there. You have to stop ‘cause I’m first.”
Speaker Hannig: “Yeah, Representative Parke is first. Representative Kosel, for what reason do you rise?”
“Point of personal privilege.”
“Yes, state your point.”
“Thank you very much. I’d like the Ladies and Gentlemen of the chamber to welcome former Member, Judge John Doody to the chamber today.”
Speaker Hannig: “Welcome to Springfield. Representative Molaro, for what reason do you rise?” 09400063.doc 193 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Well, again, Mr. Speaker, Art Turner’s well rested, Kurt Granberg’s well rested. Will you please take your seat, Sir, so we can get going? Please.”
“On… Representative Rita, on page 12 of the Calendar is House Bill 2509, on the Order of Concurrence. Representative Rita.”
“Thank you, Mr. Speaker. I move to concur with Senate Amendment #1 which basically establishes a Hospital Basic Services Review Board. It would be a five-member board. Each Legislative Caucus Leader and the Governor would make that appointment and what they would do is make rec… review and make rec… recommendations to the Treasurer for the Hos… Hospital Basic Services Preservation Act. Be happy to answer any questions.”
“The Gentleman moves that the House concur in Senate Amendment #1. Is there any discussion? The Lady from Cook, Representative Mulligan.”
“Thank you, Mr. Speaker. Will the Sponsor yield?"
“He indicates he’ll yield.”
“Representative, what does this Bill do?”
“The underly… the underlying Bill basically helps hospitals that have bad credit or cannot get financing and the state basically cosigns. This Bill passed out of the… out of the House here 111 to 0 to… passed out of the Senate 57 to 0. What… what happened in the Senate is they wanted to create a board to have another oversight so that the hospitals that were not supposed to be getting into this fund were not.” 09400063.doc 194 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“I’m sorry, I did not understand what you said about the Senate Amendment.”
“Well, that’s what we’re concurring on. The Senate Amendment part puts a… puts another board so that hospitals cannot tap into this fund that was created that funds the… the Hospital Basic Services Preservation.”
“Be nice if it was quiet enough in here to hear what you were saying. All right then, the Hospital Association is backing this?”
“Yes.”
“What committee did this come through?”
“There… there has been no opposition to this Bill. Hospital Association was proponent, many of your colleagues on your side of the aisle are cosponsors of this Bill. As I said, it came out 111 to 0 on our side about a month ago.”
“What committee did you send this through?”
“Financial Institutions.”
“Why that committee in particular?”
“Because it’s dealing with the State Treasurer’s Office. The State Treasurer’s Office would enact a rule and help put this program… oversight this program.”
“All right. Thank you.”
“Any further discussion? Representative Rita to close.”
“Ask for a favorable vote.”
“The question is, ‘Shall the House concur in Senate Amendment #1?’ All in favor vote ‘aye’; opposed 09400063.doc 195 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, there are 114 voting ‘yes’ and 0 voting ‘no’. And the House does concur in Senate Amendment #1. And this Bill, having received a Constitutional Majority, is hereby declared passed. Representative Molaro, for what reason do you rise?”
“Well, ya know, I just have to ask question on the right side of the aisle. When you announced there were pizzas, I mean, Republicans just made a beeline. I mean, when was the last time they ate? I wanna make sure they’re… they’re strong enough to stay here through the rest of the… rest of the night, but hope they get enough. Geez.”
“Representative Meyer.”
“Well, Representative, we have no pork over here. We gotta eat something.”
Speaker Hannig: “Representative Currie’s recognized for a Motion.”
“Thank you, Speaker and Members of the House. I move to suspend the posting requirements so that Senate Bill 409 and House Joint Resolution 25 can be heard in the Elementary & Secondary Education Committee and Senate Joint Resolutions 31 and 35 can be heard in the State Government Administration Committee.”
“You’ve heard the Lady’s Motion. All in favor say ‘aye’; opposed ‘nay’. The ‘ayes’ have it. And the Motion is adopted. Mr. Clerk, read the Committee Reports.” 09400063.doc 196 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
Clerk Mahoney: "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 31, 2005, reported the same back with the following recommendation/s: 'approved for floor consideration' is Amendment #4 to Senate Bill 661.”
“The House shall come to order. The Members shall be in their chairs. Senate Bill 661. Mr. Granberg. Mr. Granberg, on the Bill.”
“Thank you, Mr. Speaker. Senate Bill 661 is the Fund Sweep Transfer Bill. It received a considerable amount of debate earlier. And I’d move for its passage.”
Speaker Madigan: “Mr. Parke. Mr. Parke. There being no further discussion… Okay. All right. The Bill is on the Order of Second Reading and Mr. Hannig moves for the adoption of Amendment #4. Mr. Hannig. Mr. Hannig.”
“Yes, thank you, Mr. Speaker and Members of the House. This Amendment would delete from the list of funds to be swept the Traffic and Criminal Conviction Surcharge Fund. I think there was some discussion on the floor about a Bill that we passed… and frankly, as we were discussing the… the budget side of the process there just was no consideration for this Bill that was moving back and forth. And so, that was an oversight and I apologize to anyone who voted for that Bill if they felt that that was not in good faith. So, this would delete that and allow that… that Bill… allow 09400063.doc 197 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 that fund not to be part of the sweeps. And I’d move for the adoption of the Amendment.”
“The Gentleman moves for the adoption of the Amendment. The Chair recognizes, Representative Mulligan. Mulligan.”
“Thank you, Mr. Speaker. So, this just eliminates one fund, Representative Hannig?”
“It eliminates one fund, that’s correct?”
“And… and you weren’t exactly speaking into the microphone, would you give me that fund again? There’s so many she has to leaf through the Bill, I’m sure.”
“It’s on page 207 of the Bill and it’s line 9. Traffic and Criminal Conviction Surcharge Fund.”
“All right. So, you didn’t, in your infinite wisdom decide to remove the bankers, which is under injunction to not be spent? You just are gonna go right ahead with the Governor’s Office desire to challenge and spend money on litigation?”
“This… this… the fund that I mentioned is all that’s in this Bill, Representative.”
“Oh. Your staff is yelling we should read Amendment 5. So, are we going to get that in next Amendment?”
“Representative, I…”
“Possibly.”
“…I think we’re on Amendment 4.”
“All right. So, you’re leaving that one. How many more Amendments do you presume are gonna come up with this Bill?” 09400063.doc 198 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Representative, as they come up we’ll… we’ll vote on ‘em.”
“Thank you, Gary. I hope you get a big bottle of water and a lot of things to drink before the evening is over. And we will talk to you again.”
“Mr. Rose.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“Sponsor yields.”
“This is the… this is the traffic court fine? I just wanna say thank you to the Sponsor and thank you to the chamber. This gives me some faith back. So, thank you.”
“Mr. Rose. Mr. Rose.”
“All right. Fine, I don’t have any faith in the chamber.”
“The question is, ‘Shall the Amendment be adopted?’ Those in favor say ‘aye’; those opposed say ‘no’. The ‘ayes’ have it. The Amendment is adopted. Are there any further Amendments?”
“No further Amendments. No Motions filed.”
Speaker Madigan: “Third Reading. On the Order of Third Reading, Chair recognizes Mr. Hannig.”
“Yes, thank you, Mr. Speaker and Members of the House. This is exactly the same Bill that we debated earlier in the day except we’ve deleted the fund that I just mentioned. So, I think we all know what it does. I’d be happy to answer any questions. And I’d ask for your ‘yes’ vote.”
“Mr. Parke.” 09400063.doc 199 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Thank you, Mr. Speaker. I have a… if the Sponsor will yield?”
“Sponsor yields.”
“Earlier I asked about the memorandum of understanding. Have… in the meantime since we’ve been done, have you been enlightened anymore about these memorandums of understanding between the Governor and Members of the General Assembly and the Office of Management and Budget?”
“Representative, I can only speak for myself and I have no… I’ve not signed any memorandums of understanding with any of the Members or the Governor’s Office at this time. But certainly, you’re free to pursue that with the Governor.”
“Okay. Well, do we still… have you come up with a total cost of the fund sweeps?”
“Representative, I think the original amount was a hundred and sixty million. So, now I think we subtracted maybe one, so it’s 159.”
“Okay. Well… thank you, Mr. Speaker. And by the way, Mr. Speaker, I wanna commend you and Minority Leader, Tom Cross, for the delicious pizza that was provided for all the Members of the General Assembly. Thank you for your hospitality.”
“The Bill is on the Order of Third Reading. Mr. Hannig has moved for the passage of the Bill. The Chair recognizes Mr. Black.”
“Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. I won’t bother to ask Gary, or 09400063.doc 200 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 excuse me, Representative Hannig any questions. Let me just run down a few items that in… in case you haven’t had a chance to look at some of the more interesting items in the budget: a million dollar GRF for a grant to the Beverly Arts Center, 450 thousand GRF for the Village of Bellwood for alley improvements, three and a half million dollars for Chicago State University for its Chicagoland Regional College Program, $1 million for the Chicago Manufacturing Center. The Bill goes on and on and on and on. And when all is said and done, what I fail to understand… there was… there’s been a lawsuit filed yesterday on a fund sweep. And we stand here and just simply tell a judge who issued an injunction that we are above the law. We’re not going to pay any attention to your injunction. We aren’t gonna follow the law. We don’t have to do what a court of law tells us. I don’t ever remember reading that in the Illinois Constitution. I don’t ever remember teaching that to students when I taught American History and Government many, many years ago. You could have fixed it very easily, Representative. One of the Representatives on your side of the aisle had an Amendment that would have taken all of the fund transfers from the financial industry out of the Bill, wouldn’t have made any great impact on this, would’ve been about a $5 million situation. But at least it would have put us in what most people who consider to be attempting to follow the dictates of a court injunction issued by a judge in March. I won’t repeat it, I’ll just see if I can paraphrase it, these and other funds covered under this 09400063.doc 201 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 injunction shall not be transferable until I rule further on the case. So, we… we send a very, very strange message to the people of Illinois. I won’t even get into the other details of the… of the… of this issue, about how your financing this. Go through this thing, line after line after line reducing 50 percent of the pension costs, 50 percent of the pension costs, which by the ’95 law we were supposed to make. All of those things you know, all of those things aren’t gonna make any difference to probably at least 61 of you on that side of the aisle. But a thing I don’t understand, the thing I’m gonna have the most difficulty telling my grandchildren and looking people in the eye in the coffee shops in my district in the next week. Who said, by what authority, by what legislative or governmental fiat or constitutional edict that we don’t have to follow the law? That a judge’s injunction means nothing to the Illinois General Assembly. Is that the way you would treat an injunction in your personal life? Is that you would treat a court order of protection? If you do, I think you’re going to find out rather quickly that the courts not only can issue paper documents, but they have the teeth and the means and the wherewithal to back it up. I don’t know what the judge will do. I don’t know how many lawsuits will be filed. I don’t know what the end results of those lawsuits will be. But you really ought to stop and think. What if we lose this first with the judge who issued the injunction? What if the lawsuit filed yesterday when you sweep motorcycle safety funds that are 09400063.doc 202 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 set aside and paid for by motorcycle riders in order to finance their safety training classes, what if a judge rules that’s illegal? What if a judge would happen to rule, because of our action tonight where we are in effect thumbing our nose at the judiciary, that the judge rules all of these funds transfers illegal? You thought last summer and last year’s Special Session was ‘special’. Wait until we have to come back and deal with that and I hope we don’t, but we might. We just might have to do that. I, just for the life of me, don’t understand why we wanna take this risk and why we want to avail ourselves of the power of the judiciary. Have you forgotten when we said nobody would get a raise in the State of Illinois including us and nobody would get a cost of living salary increment? And that’s… I think we did because we felt we had to in a bad economic year, 2 years ago. What did the judges do? The judges sued us. Took us to court and won the case, saying that we had no right to deny their cost of living raise. It cost us $14 million. And then we got stuck with most of the legal costs of the lawsuit. Now, if that wasn’t a warning shot across your bow, that you don’t tweak your nose at the judiciary, then I don’t know what is. And yet, you’re willing to go down that path again. You’re gonna have to answer the question, not me. I am not going to ignore a court injunction. I am not going to take irresponsible action so that for whatever the reason… and the only thing driving this entire process, strip away your spin, strip away all of the beautiful paint, paper and bric 09400063.doc 203 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 a brac. The only reason you’ve embarked upon this course… well, there’s two or three reasons. But I can’t prove two or three of those reasons. But the primary reason… what’s driving this and driving us down this road to potentially economic disaster foisted upon us by the courts of the State of Illinois is that your Leadership has decided we are leaving here tonight by 12 midnight. You’ve sacrificed your principles, you’ve sacrificed the fiscal future of the State of Illinois for the expediency of leaving here tonight. And what’s really funny is that most of you won’t go home when we adjourn. You’ll go to the end of Session party, dance, drink and make merry till 4:00 in the morning. And then collapse at wherever you live. And if you’re lucky, you’ll recover enough to go home 24 hours from now. What a bunch of bull.”
“Mr. Sacia, 5 minutes.”
“Thank you, Mr. Speaker. The Sponsor yield?”
“Sponsor yields.”
“Ladies and Gentlemen of this chamber, one of the men… no, the man that I respect more than anyone in this chamber is standing in the Speaker gallery, the Speaker of this House of Representatives, Michael Madigan. I have profound respect for you, Mr. Speaker. And not for one minute do I presume to question you. The concern I have is this Governor has put forth a way of raising the money necessary to pass a budget. I can honestly say… honestly say, I absolutely knew in my heart Speaker Madigan would never buy into this. And again, I… I… I commend you, Sir. You are a 09400063.doc 204 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 politician par excellence. I know you are more knowledgeable about political issues than I can ever hope to be. All I can say, Ladies and Gentlemen, and I can’t even begin to reiterate my comments of earlier today. But what we are doing to our future by passing this budget on the backs of our grandchildren and in February, Steve Brown stated, ‘We cannot damn our future generations.’ The Governor of this state stated, we cannot rape, that’s not his word, that’s mine. We cannot take money from our pension fund. It was not proper to do it in February, but it’s okay to do it in May. I’m not going to question the legality as Mr. Black said, I’m sure he’s far more knowledgeable than I’ll ever hope to be. All I can do, Ladies and Gentlemen, is talk to you, the other side of the aisle. Representative Ryg, I’m told that you’re a target. Representative Naomi Jakobsson, you’re in a very tough district. How do you go home and tell your constituents that you literally raped the pension system? You spin it any way you want to. We have to answer to somebody, Ladies and Gentlemen. This is flat wrong. And we have to vote against this budget. Thank you.”
“The question is, ‘Shall this Bill pass?’ Those in favor signify by voting ‘yes’; those opposed by voting ‘no’. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 63 people voting ‘aye’; 52 people voting ‘no’. This Bill, having received a Constitutional Majority, is 09400063.doc 205 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 hereby declared passed. Senate Bill 1548. Mr. Clerk, what is the status of the Bill?”
"Senate Bill 1548, a Bill for an Act concerning appropriations. Third Reading of this Senate Bill.”
“Mr. Hannig.”
“Yes, thank you, Mr. Speaker and Members of the House. I explained this Bill earlier in a previous debate as well. I think some of the important highlights have to do with an increase of $300 million for education, a 3 percent COLA for the providers in the State of Illinois, the social service providers. I… I mentioned a number of other things and I… I won’t repeat them unless you ask questions about them. But this is the ’06 budget. I’d ask for its adoption.”
Speaker Madigan: “Representative Mulligan for 5 minutes. Mulligan.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“Sponsor yields.”
“Representative, there are… few issues in the budget that I’m interested in. In the DHS budget there is a line item… two line items, in fact, both with the same description. It says, ‘for grants to units of local government, non-for-profit organizations, community organizations and educational facilities for all costs associated with operational expenses and infrastructure improvements, including but not limited to planning, construction, reconstruction, renovation, equipment, vehicles, and other capital and related expenses. And for 09400063.doc 206 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 all costs associated with economic development programs, education and training programs, social service programs, and public health and safety programs.’ Very broad terms. Twice that’s put in there with $2 million each, no particular description. Is that the pork items in the budget for some of the human service projects? Or is there specific things you’re planning on doing with that that you have left to enlighten us with no line items with them?”
“Representative, these are lump sums that are… that are put in the budget… that we put in the budget.”
“I’m sorry, Sir?”
“These are lump sums that are inserted into the budget.”
“I can read. I like the definition. I think it ought to be read into the record. So, if somebody wants to give a local organization in their district a grant that may be their nephew or the uncle runs… that person could also purchase a BMW under that… with state funds that would go to the organization or whatever? I mean, I would hope that they would advance and reconcile. But that’s a pretty broad statement when human service providers are knocking each other over for dollars. We have been discussing the fact that there are COLAs for three areas of human services: DD, Mental Health, and DASA. And your appearing to make it be that the largess of what’s going on with the pension system or whatever are what brought forth the COLAs. Actually, those COLAs come from those providers figuring out a new system of how to do Medicaid funding so 09400063.doc 207 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 that perhaps they can fund their own COLAS. Wouldn’t you agree with that? Certainly, Representative Currie did during the hearing this morning.”
“Repre… Representative, was… I… I… would you repeat the question?”
“I’m sorry, you need it repeated?”
“Yeah, I didn’t know if you were making a speech or asking a question?”
“No, I’m asking you. Is… aren’t those COLAs put exactly in there because those providers came up with a way to pay for them?”
“I don’t know that they did come up with a way to pay for them, Representative.”
“I think that’s so. I think we sent a letter. I think they agreed to do Medicaid funding and now you’re trying to propose that that’s not where they came from.”
“I think that this just comes from GRF, Representative. So, I… I think that’s the different issue.”
“Would you please explain why the DPA budget includes $2.5 million added onto fund administration for I-SaveRx, which is the federal program that is sponsored by CanaRx, which is the Governor’s program. That is not a legal program and yet we’re funding that program.”
“I’m… I’m advised that’s for administrative costs.”
“But it’s not a state program. CanaRx benefits from it. It’s the Governor’s program. And it is not legal under the Federal Government. Are you not worried that perhaps it will cause a problem with Medicaid funding if we 09400063.doc 208 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 fund an illegal program to a Department of Public Aid budget line?”
“Representative, I’m… I’m advised that the Governor created the program, it makes it a state program. And this is the administrative costs of that program.”
“Representative Mulligan, you have 1 minute left.”
“Thank you, Mr. Speaker. I think someone will probably cede their time to me. There is many questions on this budget that are very interesting. I’d like to know Representative if most of the cuts were restored that we had discussed with Representative Feigenholtz?”
“I think the answer is, yes. But when you say, ‘broadly’…”
“All right. I’ll find specifically. New Americans initiative, a hundred and fifty thousand…”
“Turn on Representative Mulligan.”
“…Thank you. Representative Munson is allowing me to use her time. New Americans initiative, a hundred and fifty thousand dollars?”
“Yes, Representative. That’s been restored.”
“The grants that were given out late this year, will they be continued into the coming year?”
“Yes, Representative, that’s the plan.”
“Nutritional Services to noncitizens, $257 thousand?”
“That’s been restored, yes.”
“The refugees line item was cut?” 09400063.doc 209 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“It’s been reduced, but they lapsed funding this year, Representative… or will lapse funding.”
“The line item was restored for crisis nurseries? And the money was funded?”
“Yes. Yes.”
“The line item for Great Start was restored?”
“Yes. I’m advised that it was.”
“Representative, before my time is all gone I wanna ask you, when I had questioned DPA they told me that the payment time for bills… the payment bill cycle for Medicaid bills was 71 days and they expect them to be 76 days by the end of June?”
“We… we believe that it… it’s 75 days now and it’ll be 76 at the end of next year.”
“All right. And they would not give me a projected time or a… what the Medicaid… what they projected as the Medicaid payment time after the first of the new fiscal year?”
“I… we’re advised that the average payment cycle… we believe… in… in…”
“Right.”
“…FY ’06 will be…”
“They would not give me an answer to the payment cycle.”
“…Seventy-six days is… is…”
“All right. When Governor Edgar borrowed from the pension system, which was a very conservative amount, he paid down those bills. But the payment cycle per day is 09400063.doc 210 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 $23 million a day. We do not know what that cycle is gonna be afterwards and yet, you have taken huge, huge sums of money. And we have no reassurance that any problem that was here before in Human Services has been rectified, except where providers figured out how to spend the money themselves. As far as the payment cycle for bills or any assurance that our providers will be paid on time, there is none. You restored line items that were very brief. But yet, you’ve taken sums… vast sums of money. You have not solved one problem that the state had in human service providers as far as them being paid or what’s happening. Yet, you have all sold your souls for this and we have not solved one problem. And into the future the economics of this state will be so poor there will be no way to solve them as we go forward. I think it’s very poor that we have not solved any major problems that providers haven’t done for themselves with the total amount of money that you’re taking out of the pension fund and what you’re doing.”
“Mr. Winters.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“Sponsor yields.”
“I was just headed over to alert you to the questions I was going to ask Representative Hannig, but we have some numbers that our staff was able to generate last night. As far as the…”
“What? You generated those…”
“…FY…” 09400063.doc 211 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“…you generated those last night when you didn’t have the budget?”
“…Yeah, that’s exactly right. Well actually, shortly after we got it we started crunching the numbers. But we came up with a FY ’05 total…”
“So… so, you did get the budget last night? I just wanna clarify the point that was made earlier in the day.”
“…I believe… well, I… last night or early this morning, one or the other.”
“Okay. Your turn.”
“The numbers we have is about twenty-four and a half billion in GRF appropriations last year. Those ought to be fairly good numbers and a total FY ’05 appropriations, 49 million. If you have anything that are substantially different, let me know. But what I wanna emphasize to the Body is that, again, our best numbers are that under this Bill, 1548, that we are increasing from twenty-four and a half to about… over 27 billion in GRF. If you have different numbers, please inform us. And the total spending of all funds goes from 49 billion to approximately 57. If you have different numbers, I would appreciate because those are bad numbers.”
“Yeah. Representative, I… I’m advised that the numbers that we have for General Revenue is $24,378,371,332, total spending GRF.”
“The total for the… under this Bill for GRF is… could you repeat it again?”
“Yes. $24,378,371,332.” 09400063.doc 212 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“And that… that is the same accounting… the same funds that were used for last year’s 24 billion? As close as you can? Okay. Do you have total funds budget?”
“Yes.”
“Budget total?”
“With the capital and it’s reappropriated. This is not any new capital. That would be… that… well, whatever new capital you get on a pay as you go, but without a capital bill, we’re at $57,926,059,452.”
“Okay. So, you’re… you’re basically at 57 billion. And the number we had for all funds approped last year was 40… 49, plus change.”
“And so, so what we show… for last year we show all funds at $50,296,766,889.”
“Okay. You know what, I’ll accept your $50 billion plus 50 million… 300 million because that illustrates a point. We can’t even agree on the numbers and we’re trying to pass a state budget. We’re off by billions in what our best guess is at this point. Illustrating again, we have not had access to this, we haven’t had a chance to look at the line items. But the other major point is we’re looking at all funds spending up about $7 billion. To the Bill, Mr. Speaker. This is the third one of a string of disastrous public policy choices that we have made. Whether it was the funds sweep we did a few minutes ago, the raid on the pension fund of over two and a quarter billion dollars over these 2 years, and now the potential of spending $7 billion… at least appropriating $7 billion 09400063.doc 213 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 more than we did last year simply illustrates that this state, this Governor and the Legislative Leaderships, doesn’t know how to say ‘no’. They just wanna spend. They’re taking the money… not through taxes, which at least is honorable enough to tell the voters you’re gonna take it out of their pocket. What we’re doing is we’re stealing it from the investments that they have set aside in past years. Please, consider your vote on this. What we’re doing is one of the most horrendous public policy choices that we have made. It’s a lousy way to… to fund this State Government. And I urge a ‘no’ vote. Thank you.”
“Mr. Parke.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. We are now about to vote on a budget that’s balanced on the backs of state employees, teachers, and university employees by simply underfunding their pension program. This state still has a Medicaid bills in the Comptroller’s Office and in the Treasury’s Office for $1.8 billion that have not been paid. We have an increased spending at a time, for the last 2 years we’ve talking about not having enough money to pay the bills of the State of Illinois. Here we go, spending at least another $800 million… $800 million. Plus, another 200 million on pork going to the Democratic Legislators and the Democratic Party to get the votes necessary to pass this pension Bill. I mean, this budget Bill, we do not… we have not solved the structural deficit of the State of Illinois. Do not, Ladies and Gentlemen, do not come back next fall asking for 09400063.doc 214 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 a supplemental budget or more short-term borrowing. You have the opportunity right now to solve it. But no, you’re not gonna do that. What you’re gonna do is that you’re gonna spend on increased spending, rather than pay the needs that are already been talked about in the supplemental budget that still won’t be addressed. We’re gonna come back in the fall, we’re still gonna have that need cause you’re gonna blow that money on other programs. And you’re gonna want… you’re gonna come to us and say, ‘Oh, we have to have a supplemental.’ The Governor’s gonna come to us and say, ‘We’re gonna have to have a supplemental.’ Ladies and Gentlemen, this budget is the wrong way of taking care of the needs of the State of Illinois. This is prime proof that the Democratic Party of the State of Illinois is the tax and spend party that it’s always been. The only difference is, you’re not taxing and spend; you’re underfunding and spending the taxpayers’ money in a way that is an embarrassment to the rest of this nation.”
“Representative Coulson.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“Sponsor yields.”
“I have a… a couple of questions about some of the line items that have been called to my attention. And specifically, in the Department of Aging, normally, we fund the Meals on Wheels… home delivered meals through a formula to the suburban area agencies on aging. And that line is there and I… and that’s fine. But I also found in the 09400063.doc 215 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 budget on, I guess it’s page 168, an additional 250 thousand for that same program. How is that gonna be decided? Where is that gonna go? Is it going to be divided up by the formula? What… why is it in a different spot?”
“Okay. So, Representative, I’m advised that the 250 thousand is to reduce the waiting lines that exist. So, in those areas of the state where you have waiting lines, that’s where they money will be directed. In other areas where you don’t, they’ll not see an increase.”
“So, it won’t be going through the formula, it will be basically based on… on waiting lists. But everyone in the state will have access to that?”
“It’s based on need, Representative. If we put…”
“Based on…”
“…it in a formula, as you would know, that the money would get spread around.”
“…Right.”
“But it could go to areas where there are no waiting lists. So, I… I hope you would agree…”
“So, I guess what I’m asking is, if there’s a waiting list in my district would they have access to that?”
“I… I think that, you know, you would… they would make a comparison of need and you certainly would be under consideration.”
“So, it would be ranked in someway. Okay. There’s also just below that an expense for the Alzheimer’s initiative and related programs, that is similarly a 09400063.doc 216 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 separate line item, a hundred and four thousand, seven hundred. And again, normally the Alzheimers is a lump sum for research. And I’m just wondering what that one is.”
“I was a… I was advised that they switched to a lump sum on that, I think this is the nature of your question, because of an audit finding by the Auditor General.”
“So, it’s only a hundred and four totally for Alzheimers in the budget?”
“We believe so, but let me double check, Representative.”
“Okay. While you’re looking, can I just ask a couple questions about the supplemental? I know we don’t have a lot of time.”
“Yep, just… go ahead.”
“I know in the beginning of the budget there’s supplemental. WIC is covered, we don’t have a problem with WIC getting early…”
“Right.”
“…and starting early. Okay. And then the CCP Program for community care providers. There was a concern about it being about $21 million short. There are some raises that need to be in there. The supplemental, doesn’t it include the $20 million?”
“It’s… it’s a… I’m un… my understanding is the supplemental has the $20 million.”
“Has the 20 million and then the rest of the budget is… is as is. So, hope… hopefully, we’re only the $6 million short that we identified earlier on.” 09400063.doc 217 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“I… I’m advised we don’t know that it’s… we think we’ll be in may be two, but we hope that it’s… that it’s none.”
“Can I ask a question about the Family Practice Residency Program that was cut by 50 percent, was that restored?”
“It was… it was partially restored, Representative.”
“Partially restored. Do we know the amount or… I…”
“I think that we restored 150.”
“Okay. And there’s still in the budget the cuts to the payments to the hospitals and reducing payments to the nursing homes.”
“I’m not sure which payments to the… like for example the nursing homes you mean.”
“The… the… the more seriously ill nursing home patients who are going to have an actual cut.”
“I… well, for example, Representative, on the… on the nursing homes, the administration intends to by administrative rule reduce some of the payments that they pay to the nursing homes. The appropriation reflects that. But in truth, you know, it’s a payment cycle issue, as well.”
“And I’m aware of that. I think I’m… my concern is that…”
“Turn on Representative Coulson.”
“…the more acutely ill patients were going to have the larger cut and that was a concern. But I will defer to other people. I’m sure there are other questions. Thank you very much.” 09400063.doc 218 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Mr. Myers. Mr. Myers.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“Sponsor yields.”
“Representative, we had a conversation in the Higher Education Appropriations Committee meeting this morning regarding the universities and their special projects that have been appropriated. Currently, four out of the nine state universities have received additional funding, one-time funding, for special projects. Two of those state universities received two different projects and a third one received money for three different projects. Why did those universities receive multiple pro… multiple funding projects when the other five universities received no additional funds at all for special projects that they requested?”
“Representative, I… I think the reality is that for some of the smaller schools in the state the only place they have to go to find any money is the… is right here in this chamber and the Senate. They have to come and get some GRF. Now, you know, I’m a member of the University of Illinois Alumni Association, they call me I think every month, can you send another a hundred bucks or thousand bucks. They generate money from different ways and they have some opportunities to generate money. But a lot of these smaller schools, they don’t really have very many options. And so, they have to come to us and I think we try to be responsive.” 09400063.doc 219 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Well, two of these schools are larger schools, Northern Illinois University and Southern Illinois University are… I would consider a couple of our larger schools compared to Chicago State and Governors State.”
“Yeah, the… the one at Northern is an… is an item that I think has been run by the university. We’ve… we’ve basically acknowledged that it’s a good program, but we’ve never put the money there. So, this’ll be the first year we finally… we finally did what we should do and paid for the program. The one at Southern Illinois University, the intern program for Senator Vince Demuzio, we passed the substantive Bill that went through the House in the Senate with 0 ‘no’ votes. And so, we’ve appropriated for it, Representative. I think it’d be something in the Senator’s memory and it’s an area that… that he went to school and an area that he loved and certainly it will train some young people in State Government. So, that was one that I personally had an interest in. But I think all of us voted for the Bill.”
“Well, I agree and I wouldn’t argue that particular line item. Two more questions on a couple of other funding levels. There’s been an $800 thousand reduction in GRF for the HECA Access and Diversity Grants. At a time when the state universities and the Members of this chamber are increasingly urging the universities to improve and expand their diversity on campus among their students and among their faculty, why are we reducing the line item that would help improve diversity on the campuses?” 09400063.doc 220 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“I think that the… I’m advised that they change we made in this budget is a reflection and a request of the Board of Higher Education. So, the… so the shift, we didn’t reduce, but we moved or shifted the funding.”
“So, what you’re saying is that in this case we’re not following the chamber’s desire, we’re following the Board of Higher Education’s preference to… in their addressing the diversity?”
“Well, Representative, you’re… you’re correct in the sense that we do have the final say. But in this case I think the… the view is that they’re right and we should do as they say.”
“Okay. And the last item that I would like to inquire about is a $1 million increase in appropriations from the IMSA income fund to the expand the Illinois Virtual High School Program. Now, I think we all… all of us in this chamber definitely support IMSA. It’s a very good quality school and it produces some very good quality graduates that enter into our… our society and workforce eventually and are very productive. But at this point in time, the elementary and secondary education schools in the State of Illinois depend on a network called the Illinois Century Network to provide access to the Internet and to Broadband Internet services. That funding for that program continues to decrease. In fact, we have several schools that are no longer able to… to receive subsidized access to the Internet because the Illinois Century Network doesn’t have the funding to… to provide it to them. Wouldn’t we be 09400063.doc 221 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 better served by appropriating the a million dollars to the Illinois Century Network to assist our elementary and secondary schools all over the…”
“Turn on Mr. Myers.”
“…to receive access to the new technology that we have today?”
“Representative, are you still talking about the math and science fund? I think I lost track of your train of thought and I apologize.”
“The line item says, $1 million increase in appropriations from the IMSA Income Fund…”
“Okay. So…”
“…to increase the Illinois Virtual High School Program.”
“So, the income fund is the money that the Math and Science Academy goes out and sort of rounds up on their own. It’s private money. Now, I would’ve been happy to sweep that money, but you know, I was sort of overruled on that one. But in any case, the view was that they raised this money and they ought to keep it and spend it for the purposes of that Math and Science Academy. If we took the money and swept it or spent it on something else, they’d have a hard time raising it in the private sector.”
“Well, when we… when we talk about income funds when we address the state universities we’re looking at income funds that the… that the Governor’s Office… the Governor’s Office of Management and Budget continues to say that those are dollars available so we’re gonna reduce the GRF to the state universities. And if we’re doing that to the state 09400063.doc 222 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 universities, maybe we should consider it to IMSA as well. Even though…”
“I with you, Representative.”
“…we support both of those institutions.”
“I’m with you on that one. But we… we didn’t prevail in the negotiations.”
“Thank you, Representative.”
“Mr. Watson.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“Sponsor yields.”
“Representative Hannig, could you tell me what the Chicago Manufacturing Center does?”
“Re… could you repeat the question?”
“There’s a 1 million GRF line item here for the Chicago Manufacturing Center. What is that money for and what does that institution do?”
“It… it’s a business run organization that provides job training and… and competitiveness technology, mostly around the state, but in the City of Chicago as well. It’s technical assistance to manufacturing. So, we’re trying to promote manufacturing in Illinois. This has been something that’s been in the budget…”
“Okay.”
“…in the past as well, it’s not a new item.”
“There’s also $1 million GRF for the Beverly Arts Center. Could you tell… could you… could you shine some light on that.” 09400063.doc 223 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“I think that’s an item that the Senate felt was important that we should have, Representative.”
“Do… I’m sorry, I did not hear you. Representative Hannig?”
“I’m advised, Representative, and like yourself, I’m not familiar with all the things that happen in the City of Chicago… in that community that this is a very highly respected organization that provides some type of training for young people.”
“Mr. Speaker, I can’t hear.”
“Mr. Hannig, the Gentleman did not hear your response.”
“It’s… they do dram… they do dramatic production and plays and provide this type of training and help for young people in the City of Chicago.”
“And how… how did that… how did this line item get in there? How was this entered into the budget?”
“Representative, after some debate it…”
“I’m sorry.”
“…after some debate…”
“Where… where…”
“Mr. Watson… Mr. Watson, I suggested that the item be put in the budget.”
“Very good, Sir. To the Bill. I… I… I got the message, Sir. But to the Bill. Yesterday, actually two days ago, in this chamber when we passed the Omnibus Election Bill, our side of the aisle was lectured about democracy and… and this Bill was a spread of democracy. My 09400063.doc 224 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 only point is this, is that we… we may be 53 Republicans to many of you over there, but we represent 5.3 million Illinoisans. And when you put stuff in a budget and don’t let us have any time to debate it, that is not democracy. Two days ago people on that side of the aisle bragged about a pension holiday plan. Well, my question is that, if that pension holiday plan was so good, how come Members of your own caucus had to get pork projects to get it through? Is this a new way of doing business? Or is this a new and improved way of doing business? I think this state was safer when the… when the Chicago Democrats were not getting along.”
“Mr. Poe.”
“Yeah, Mr. Speaker, will the…”
“Turn on Mr. Poe.”
“Will the Sponsor yield?”
“Sponsor yields.”
“Representative, probably the most questions and calls I get in my office is from contractors, hospitals, nursing homes, vendors that supply these kind of people, is… they can’t get paid on time in Illinois. My question to you, at this time how… how far behind and what is our outstanding balance of unpaid bills?”
“Representative, I think the payment cycle is about 75 days right now.”
“Could you give me the… what… what are we out, 2 billion, 2.6 billion, 1.6?” 09400063.doc 225 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Bills on hand on June 30th we estimate to be about 1.6 billion.”
“Okay. So, we’re getting ready to go into a whole new spending plan for another year. And after the new year starts, is there any plan for short-term borrowing or some method of trying to get caught up on these bills?”
“Representative, I mean, I think we’re all of the mind that if we can get caught up on them that’s a good thing.”
“But I mean is there… is there a… are you intent on this in short-term borrowing or I mean, it’s not fair to our vendors out there. The State of Illinois can go out and borrow money for 3, three and a half percent. We got vendors now carrying these people for 75 days. I really think it’s quite closer to 90 from the information I’m receiving. But we’re putting that burden on vendors. And I think what we’re happen here, vendors are gonna start going broke. We’re gonna start finding nursing homes that’s not gonna be able to keep their doors open ‘cause they… they’ve borrowed about all the money they can. I’m just wondering if there’s a plan to get this caught up to maybe 45 days at the most, after we get this new budget instituted.”
“Representative, I… I… I think in some cases vendors actually say, ‘Rather than cut our budget, we’ll take a payment cycle increase.’ And so, ya know, sometimes like when we did the nursing home thing last year, we increased their… their base by 27 million. Well, they said, ‘Oh well, you know you don’t really have to pay for that with 09400063.doc 226 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 real money. You can just increase the payment cycle.’ So, sometimes the vendors are in it with us when these things happen. It isn’t always just your fault and my fault, the Governor’s fault. So…”
“To the Bill. I just have a great concern as we go through, you know, the integrity of a person is how soon they can pay their bills. And I know that each one of us here if we got up to 90, a hundred and twenty days it would be a headline. And I think sometimes we’re not getting enough headlines in the State of Illinois for the fact that we’re not paying our bills on time. I really believe that we’re gonna have some nursing homes close for the fact that they can’t get paid. And I think that as we’re getting ready to do a $54 billion budget that there ought to be a plan in place as soon as the new budget takes effect that we can go ahead and pay our bills on time. Thank you.”
“Mr. Hannig to close.”
“Well, thank you, Mr. Speaker and Members of the House. The Comptroller asked me to clarify for the record that this budget removes any cost of living adjustments for state officials in the Comptroller’s budget. So, I just wanna make that statement on the record. And make sure that we all understand what we’re talking about as we go forward and vote on this budget. If you look at what this does for education, I think who could… who could be opposed to $2 hundred increase in the foundation level? That’s a pretty good increase in most years and I think particularly good in this year. A hundred percent hold harmless in the 09400063.doc 227 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 poverty. You know, I hear that all the time. Well, you gotta have a hold harmless, we can’t be losing any money. Average daily attendance, we’re gonna increase that line by $10 million. That’s real money for our schools. Mandated categoricals, we’re gonna keep them at the same level that we had last year, a funding level of 97.1. Early childhood, $30 million. If you look at the aging budget, some of the things that we constantly hear from the Members in the Appropriation Committee and even those not, you know, can we do some kind of cost of living adjustment for our providers? Well, it’s here. It’s in this document. It’s a 3 percent increase. So, I think there’s something in here for each and every one of us to be for and to be proud of. It’s a good budget and it’s something that it’s gonna help the State of Illinois and the people who we represent move forward. So, I’d ask for your ‘yes’ vote.”
“The Gentleman moves for the passage of the Bill. Those in favor signify by voting ‘yes’; those opposed by voting ‘no’. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 63 people voting ‘aye’, 52 people voting ‘no’. This Bill, having received a Constitutional Majority, is hereby declared passed. Senate Bill 1815. Mr. Clerk, what is the status of the Bill?”
"Senate Bill 1815, the Bill’s been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Hannig, has been approved for consideration.” 09400063.doc 228 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Mr. Hannig.”
“Thank you, Mr. Speaker and Members of the House. This is the Budget Implementation Act on education. It provides that some unexpended federal funds should be returned to the Federal Government so that we don’t get penalized. It creates a special purpose fund for the state… the Board of Education so that we can receive grants like we did this year for the Bill and Melinda Gates Foundation. It provides for transitional assistance to ensure that no school district will receive less money than they did last year. It also provides that the statutory increase in our foundation level be increased to 5,164. And it provides the hold harmless for the poverty grants. We’ve already appropriated the money for this in the previous Bill. This is the substantive side that makes that work. That’s what the Amendment does. And I’d be happy to answer any questions.”
“The Gentleman moves for the passage of the Bill. The question is… all right, the Gentleman moves for the adoption of the Amendment. Mr. Parke.”
“Thank you, Mr. Speaker. We have a number of people… Could you please recognize Representative Bassi? I’m sorry.”
“Representative Bassi.”
“I’ll speak to the Bill on Third Reading if I may, Mr. Speaker.”
Speaker Madigan: “Question is, ‘Shall the Amendment be adopted?’ Those in favor say ‘aye’; those opposed say 09400063.doc 229 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 ‘no’. The ‘ayes’ have it. The Amendment is adopted. Are there any further Amendments?”
"Floor Amendment #3, offered by Representative Hannig.”
“Mr. Hannig.”
“Yes, thank you Mr. Speaker and Members of the House. This would add back some of the testing requirements that Members have asked us to do… writing testing. So, I’d move for its adoption.”
“The Gentleman moves for the adoption of the Amendment. Those in favor say ‘aye’; those opposed say ‘no’. The ‘ayes’ have it. The Amendment is adopted. Are there any further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Read the Bill for a third time.”
"Senate Bill 1815, a Bill for an Act concerning education. Third Reading of this Senate Bill.”
Speaker Madigan: “On Third Reading, the Chair recognizes Representative Bassi.”
“Thank you, Mr. Speaker. Will the Sponsor yield? Okay. Several questions, Representative. I wanna go back to the way this if funded. We’re looking at a $2 hundred per pupil increase for general state aid, is that correct?”
“That… for the foundation.”
“For the foundation level. Okay. But we’re also looking at $12 million in new funding, is that correct, for after school programs?” 09400063.doc 230 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“That… that’s actually not in the budget implementation, Representative. That’s… that was in the spending Bill that we passed.”
“This is not in the budget… in the…”
“Rep… Representative, there… the budget… the thing that we call the budget consists of, this year three budget implementation Bills which are substantive in nature and drive the spending and the appropriation Bill, the spending Bill. So, this is the budget implementation Bill for education. It sets the foundation, it sets the hold harmless on poverty. But it… but it doesn’t actually appropriate any money.”
“But this tells us where the money goes? Or does the budget… the Bill we just passed tell us where the money goes?”
“It… this and the other budget implementation Bills create the statutory authority in a substantive way that in come cases drive money… to direct money… direct money the way we want to in the budget. Now, in some cases we don’t need to do that. So, sometimes we just can appropriate for an existing program. Yeah, so… so, the funding level Bill we just passed. This is the budget implementation side of that. We need… we need both of them to work to make our schools… to give our schools the money we just spent… we just passed to spend for them.”
“Okay. And where… and where is… where is the foundation level going?” 09400063.doc 231 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Okay. This would direct that the foundation level go up by $2 hundred to 5,164.”
“Okay. What about… now that’s… that… and where did… does the bulk of that money go?”
“I’m sorry, what was the question?”
“Where… where does the bulk of that money go?”
“Okay. That money all… all of that money will come from and be driven through the general state aid formula.”
“Does it… but 80 percent of that is… is… is going to Chicago and to downstate, is that correct?”
“Representative, it… it’s the… what we do is we… we pass an appropriation Bill. It creates an amount of money, we have a formula in place, which this will amend and increase the foundation by $2 hundred. And then it will drive that money to the respective school based on the formula. So, the two work hand in hand. The spending Bill and the budget implementation.”
“Okay. I think my problem is, is that the questions that I had were actually on the last Bill that we had.”
“Well, I’ll… I’ll try to answer ’em for you then.”
“Okay. In which case, we’re looking at new funding for the healthy minds initiative in Chicago?”
“I’m sorry, for which… which program?”
“It’s… the healthy minds initiative.”
“Oh, yes.”
“It’s a vision… vision program.”
“Yes, $3 million, Representative.” 09400063.doc 232 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“And that goes… that’s exclusively for… for the children in Chicago?”
“That’s correct. That was in the spending Bill that we passed, Representative. It… it’s not in this Bill, but I’m trying to answer your question.”
“Okay. But other children… other children in this state don’t have vision problems?”
“This… this is an item that we’re, I think, beginning in Chicago. And if it’s a successful program, I think you might see it elsewhere. You might say it’s a big pilot project.”
“It’s a big pilot project, okay. So, maybe eventually it’ll come to the rest of the children? Okay. And there’s $2.3 million for… for grants to community organizations for the Senate Democrats. Do we know what those are?”
“I do not, Representative. Again, this was… this was in the spending Bill, it’s not in the ‘bimp’ Bill that’s on the board.”
“Okay.”
“But… but to answer your question…”
“And I… and I apologize, Representative.”
“It… it’s… I’m trying to be… and I’m trying to be honest, I don’t… I do not know the answer.”
“…Yeah, okay. How about the new funding for the additional arts and foreign languages?”
“I think that’s an initiative of the Governor, Representative.” 09400063.doc 233 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“So, in other words that’s part of his… his… his ramp up for the high school…”
“The… the standard…”
“…programs?”
“…That’s correct, yes.”
“Okay. But… but the $20 million for transitional funding was not in that spending Bill, correct?”
“No, the transitional… the transitional funding was, I think, set at $11 million. And that’s an increase of about four. Am I answering the question?”
“Yeah, but it wasn’t in there, Representative.”
“Yes, it was. It was in the… the spending Bill. Yes, so…”
“I’m talking about…”
“…this will do… and you’re correct, this is…”
“Turn on… turn on Representative Bassi.”
“Okay. Thank you. There was the $20 million that’s supposed to go for the… for the new programs that the Governor wants for higher graduation requirements for high schools. That was $20 million in transitional money that was supposed to have been in there to provide for the program that’s a key piece of his… his program? His education program for this next year? And I…”
“Yeah, so it’s not included. There’s money that’s not included. We don’t think there’ll be any significant cost…”
“…Even… even though…”
“…in the first year.” 09400063.doc 234 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“…it was promised, it’s not included?”
“Well, it… it’s… first of all, it’s not in the budget implementation and it’s…”
“No, but it…”
“…and also it’s not in the budget Bill, that’s correct.”
“…and it’s also not in the budget? Okay.”
“And the thought is, it’ll take awhile to ramp up. So, there’ll probably be no cost or little cost the first year.”
“Okay. The $920 thousand in new funding for the aerospace initiative, that’s for the City of Chicago. Is that correct?”
“Yeah, is was in the spending Bill, that’s correct.”
“Right. I… unfortunately, I think this was all in the spending Bill. I’m sorry about that. The new funding for school transportation, does that go to all children? This would have been in the spending Bill, as well.”
“I think it goes for… it’s a… it’s a transportation program that would be available to people who qualify.”
“In other words, those people whose children live less than a mile and a half from school?”
“I don’t know that that’s the… that that’s the qualifier.”
“Or is it… or is it for parochial schools’ parents?”
“Representative Bassi, could you bring your remarks to a close?”
“Okay.” 09400063.doc 235 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Thank you.”
“All right. Thank you, Mr. Speaker.”
“Mr. Eddy.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“Sponsor yields.”
“Representative, one of the things you mentioned during your discussion of the Bill is the transition money?”
“Yes, Representative.”
“And I wanna point out to the Body that you need to be real careful with transition money. Transition money is supposed to guarantee that there is not a school district in the state that receives less funding in FY ’06 than they received in FY ’05. A year ago we stood on the floor and we talked about transition money for FY ’05. And there are school districts in this state that will be receiving less money because that transition money has been prorated. There are many school districts that will receive less money because the transition money was prorated. My understanding, Representative, is that same thing can happen with this implementation plan because there’s not a continuing appropriation for the transition money. And we could be here again next year talking about the schools who didn’t get as much money as they did the year before.”
“Representative, first of all, let me also say that in the transitional money we’re not guaranteeing school districts things like competitive grants. So, if they competed last year and won a grant, so…”
“I understand.” 09400063.doc 236 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“…there… there are some reasons, legitimate reasons, that they could received less. But for the most part, you know, the idea is that we would appropriate and ensure that all school districts get the same amount of money that they got last year.”
“Representative, I could take time to read down a list that I just received from the State Board of Education that shows school districts that are gonna be receiving hundreds of thousands of dollars less than they did last year because the… the transition money was prorated. So, that same thing could happen again. My point is there… my question is, is there language for a continuing appropriation of the transition money contained within this ‘bimp’ language?”
“I… I’m sorry, could you repeat the question?”
“Is there continuing appropriation language contained within this ‘bimp’ that would guarantee transitional funding?”
“There… there is not, Representative.”
“Okay. So, we could end up a year from now, like we have today, with school districts who received less money from the state than they did the year before. Now, my understanding is on the poverty grant, that is guaranteed.”
“I think that we could… we would prorate it… that as well, Representative. I… we take the best guess that the State Board of Education gives us. And, you know, we’re guessing for a school that starts next August and continues almost all through next year. If we’re wrong, we do have 09400063.doc 237 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 an opportunity to come back and do a supplemental, but I… but we use our best guess. So…”
“I understand what you’re saying. The problem is the transition money that… many people are gonna leave here believing that their school district will not get less next year than they did the year before, that is not guaranteed by the implementation language and they could indeed get less money. Another item… and I apologize for saving my questions for the ‘bimp’ Bill, some of these do… some of these questions do relate the budget. I wanted to just take less time and ask them all at one time. In the budget Bill that passed prior to this… Representative, is the Chicago Pension System funded with any line item in that budget?”
“I think that there was an appropriation… continuing appropriation language that drove 9 million.”
“In addition to the 65 million? So, the total amount is 74 million?”
“Yeah, the 65 is something that we’ve appropriated for a long time. And it’s my understanding that that goes for health care costs for that system. That because there…”
“Point is, while we are shorting the pension system for downstate teachers and university people to the tune of several hundred million dollars, the City of Chicago Pension System is not… is not being cut any of the appropriation that was in the original budget. So, they will be made whole with the amount.” 09400063.doc 238 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Well… and they’re whole in part because they assess a property tax that we don’t pay downstate for our pension system. So…”
“Representative, I understand that. I… the question is, whether or not they’re made whole? And the answer is, obviously ‘yes’. There are many other issues involved with the budget that… that passed earlier. There is a… as Representative Bassi mentioned, a $3 million program that Representative Acevedo brought forward that I think is a great program. It’s to make sure stu… kids who have vision problems can be taken care of. But the problem is we’re only gonna take care of kids with vision problems in the City of Chicago with that plan. You downstate Representatives that have kids with vision problems…”
“Turn on Mr. Eddy. Turn on Mr. Eddy.”
“…Thank you, Mr. Speaker. You will get nothing to take care of the students in your school district that have vision problems.”
“Represen…”
“I don’t have a problem with Mr. Acevedo doing what he did…”
“He… Right.”
“I almost applaud him.”
“He passed a Bill, we passed a Bill. Some of us voted against it, some of us voted for it. And we’re simply funding that Bill. So…”
“I understand that. And as I mentioned, I didn’t speak at that time. I just wanted to make sure folks understand, 09400063.doc 239 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 that’s what you vote for. You vote for programs for certain parts and… and students downstate aren’t gonna benefit from that program, unless it is extended under the pilot. Thank you, Representative. I appreciate the indulgence on the budget questions that I didn’t ask earlier. I appreciate that. I do have a major problem with the transition money, it could be done better. And it could be done in a way that guarantees the appropriation. Thank you, Mr. Speaker.”
“Representative Kosel.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“Sponsor yields.”
“I don’t know that this was answered. I know you answered it in committee. But I’d really like it on the record in the House. We talked in committee today a little bit about the new school transportation fund that’s included in here, $850 thousand. Can you explain again what that money is going to go to?”
“I think that’s gonna be available to… for grants for schools who are willing to provide some monies of their own, parochial schools who are willing to provide some costs of their own for transportation. So, in other words, it’ll be a matching program for parochial schools… for private schools.”
“That’s new information, it’s nice to hear that. Under the categoricals in this, what level are we funding Transportation Act to our public schools?” 09400063.doc 240 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“I… I think that we did… we took the same prorations that we had last year. And I think that that was an average of…”
“And that was at, I believe, 97 percent of…”
“…97.1, yeah.”
“…of the 1983 funding level? Is that how we do that?”
“It… it’s the same formula we had last year and it’s at 97 percent.”
“That… it was… it was 1988 or 89. So, when we say we’re funding them at 97 percent of the level, we’re funding them at costs that were basically computed in the late 1980s, which do nowhere near reflect the cost of even gasoline or diesel fuel today. But yet, we have $850 thousand going to a new program under this budget. In this budget, there is $2.3 million in unspecified grants to be used for non-for-profit organizations. Do you… can you tell us where those are going? And how one of my non-profit organizations would get a chance to bid for that?”
“Representative, I think the state board will administer this money. So, they… ya know, you might want to ask them.”
“And… and… and will they be… under the budget are they required to open it up for RFPs or are there memorandums of understanding already delineating where this money will go?”
“I… I think the state board will have discretion on how to spend this money.” 09400063.doc 241 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“But the state board… the state board is saying they have no knowledge of this and we asked them for memorandums of understanding in committee today and they said that they couldn’t provide those, but yet we understand that they exist.”
“Representative, I’m not aware of them. So, all I can tell you is what I know. I’m not saying you’re wrong, I’m just saying I don’t know.”
“So, I can expect some information from you on how the non-for-profits in my educational community can apply for some of these grants?” Hannig: Representative, I’m… I’m suggesting that you talk to the State Board of Education.”
“I will gladly do that. I just wanted to reiterate again that you… you said that there was close to $75 million in the appropriations for the Chicago Teachers Retirement System, is that correct?”
“In the Appropriation Bill, there’s a $65 million that they’ve gotten, I guess almost every year that I’ve been here. Except for one or two. And then there’s some continuing appropriation language that drive $9 million to their budget as well. So, those are the two items…”
“So… so those are the…”
“…the 65 is generally spent and I think we would acknowledge it’s for health care costs for that system. We pay for health care costs for downstate teachers as well, in part.” 09400063.doc 242 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“So, we are funding to $75 million the Chicago Teachers Pension when we are shorting every other teacher in the State of Illinois. Thank you.”
“Mr. Hannig, to close.”
“This is a budget implementation Bill that deals with education funding. By passing this Bill you can ensure that the statutory language that… that will be in the law for the foundation will go up by $200 to $5,164. You can ensure that we’ll have a hundred percent hold harmless on the poverty and in the transitional assistance money. Those are three of the biggest things that I hear from people on both sides of the aisle, from all parts of the state in what they want to do to advance education funding. And it’s right here. And you can help it by voting ‘yes’. And I’d ask for your ‘yes’ vote.”
“Mr. Hannig moves for the passage of the Bill. The question is, ‘Shall this Bill pass?’ Those in favor signify by voting ‘yes’; those opposed by voting ‘no’. Have all voted who wish? The Clerk shall take the record. On this question, there are 64 people voting ‘yes’, 51 people voting ‘no’. This Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 1197. Mr. Clerk, what is the status of the Bill?”
"House Bill 1197, a Motion has been filed to concur with Senate Amendment #1.”
“This matter’s on Supplemental Calendar #1, on the Order of Concurrence. Chair recognizes Mr. Hannig.” 09400063.doc 243 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Yes, thank you, Mr. Speaker and Members of the House. I would move that the House concur in Senate Amendment #1. This is the budget implementation Bill for the Human Services part of the budget. And I’ll briefly talk a little bit about what it does. It… it… it authorizes emergency rulemaking authority for the state, something that we’ve done every year. It changes the administrative employee wage and benefit costs split and it defines it through administrative rule as opposed to statute, so that we can drive more money where we… where we think we can drive more money to employee wages. It clarifies some issues on the children’s health insurance program. It’s the routine extension where we basically say that nursing homes will not receive their 3 percent rate increase. It clarifies and puts us in compliance with Federal Law that will allow people to move between nursing homes and hospitals because of a federal change. And… and so it does some other items as well that are most technical or clarifying in nature. And I’d… I’d move that the House concur in Senate Amendment #1.”
“Gentleman moves for… Gentleman moves that the House concur in Senate Amendment #1. The Chair recognizes Representative Mulligan.”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“Sponsor yields.”
“Representative Hannig, I understand that there is language in the Bill that requires the Department of Public Aid to negotiate a 70 million savings with managed care 09400063.doc 244 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 companies and community networks serving Medicaid recipients. It is my understanding that the managed care industry has offered to accept a delay in the payment… payment cycle to them while continuing to pay our providers on a timely basis in order to make up this savings. Is this an acceptable meth… methodology for achieving this savings?”
“Well, Rep…”
“You want me to say it again?”
“No, Representative. I… we should advise Representative Poe that they’re asking that we extend the payment cycle, but the truth is, Representative, the Bill will require that they renegotiate.”
“Representative…”
“That they negotiate.”
“…everybody’s getting eager to be out of here, nobody can hear us. I just wanna know if the Department of Public Aid has agreed to negotiate on the $70 million savings with managed care companies?”
“I… I think it’s fair to say that they… that we will require them to negotiate. There’s… there’s no dollar amount in the Bill that says…”
“Well, there was a big…”
“…There’s no… and there’s no plan is what I should say.”
“…I though there was a dollar amount in the Bill?”
“There’s… there’s no plan. Yeah, there’s a target of 70 million, you’re correct there, Representative.” 09400063.doc 245 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Well, I believe it’s a good solution to meet the needs of the department and of our providers also in preserved managed care jobs. And continue to provide a high quality cost efficient health care. So, I would hope that that would be. I understand also that there’s cleanups for Medicaid, KidCare services to noncitizens to reflect those services are paid out of existing Medicaid lines?”
“Yes, that is correct, Representative.”
“It’s modifying the existing prior approval cap for name ban… name brand pres… Medicaid drugs and lowers the cap from four prescriptions to three prescriptions before prior approval is required?”
“Representative, it just will simply delete the language that says ‘four prescriptions’. And… and the… the administration will set that by rule and JCAR will review the rule.”
“You’re also freezing Medicaid nursing home reimbursements rates that affects both geriatric and DD?”
“Yeah, this is the base rate. And… and we’ve done this year in and year out.”
“All right. You’re also looking at emergency rulemaking authority which allows for immediate implementation of ‘bimp’ related rules? What does that mean…”
“Yeah, that… that’s…”
“…for emergency rule authority?”
“…that’s… that’s just the… that’s the standard…” 09400063.doc 246 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“So, is this gonna go to JCAR for all of this?”
“…Yeah, so this is… the emergency… so, the emergency rule process and we give them this language, it’s a standard boiler plate language we use ever year because the budget takes effect July 1. So, here we are almost in June 1 and it doesn’t give us enough time to do it through the normal process. But the emergency rules only have a life of a hundred and eighty days. So, they’re… they’re basically short-term ways to get any rule changes up and running. But they won’t… they’re not a way to circumvent the project… process.”
“You’re gonna apply the KidCare premium and copayment to provisions to the FamilyCare Program and add two more tiers of premiums at an additional $1, 5 month each for fourth and fifth enrolled family members?”
“Yeah… that… that codifies the way that we move into the FamilyCare Plan, Representative. And recognizes that the FamilyCare Plan is…”
“Is there anything else that you would consider a highlight? I won’t ask you for a lowlight ‘cause you probably wouldn’t tell me. But a highlight of this project that you can tell us about that might make us walk out of here feel good about something?”
“Well, the… the… the 3 percent increases, I think, are something that we should all feel good about in Human Services. You fought long and hard for those kind of things in the past, Representative, I know that. And it’s 09400063.doc 247 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 an opportunity for us to finally do some good in that area.” Mulligan: Representative Hannig, you’re doing a good job and you’re keeping your voice, something I never do down here. It’s usually my pleasure to work with you. I wish it would have been more pleasurable this year. We did agree on a few things that we weren’t going to allow to be in ‘bimp’ Bills, which I think you kind of reneged on. So, I’m disappointed. But other than that, it’s usually my pleasure to work with you. Thank you for your answers.”
“Thank you, Representative.”
“Mr. Delgado.”
“Thank you, Mr. Speaker and Members of the House. Will the Sponsor yield?”
“Sponsor yields.”
“Representative Hannig, as you know I’m totally in support of House Bill 1197. I’m in total support. However, I have to ask you a question, Representative Hannig.”
“Yes, Representative?”
“Thank you. Representative Hannig, on page 22, lines four and nine of Senate Amendment #1… I do have some concern with regards… and you know I’m for the Bill and I am going to be voting on this Bill in the positive. What I need to know, I have some concerns in regards to the continuation of the state’s current Medicaid Managed Care Program. By including the language in the budget 09400063.doc 248 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 implementation Act are we intending to eliminate Medicaid Managed Care Program?”
“Representative, there’s nothing in the Bill that provides for the elimination of the existing Managed Care Program. But there is a provision that requires the Department of Public Aid to renegotiate the existing contracts to receive a $70 million in savings. If that is possible, we want them to hit 70 million. An expert consultant group found that the rates currently being paid to mandated care organizations under the current program were excessive in relation to those… to the care being provided. That consultant recommended that the existing program be phased out. Instead, this Bill requires that the existing contract be renegotiated. The Department of Public Aid indicates that there… that there does not need to by any disruption in care under this provision, even if the contracts are changed substantially. All of the existing medical providers are certified to participate in the Medicaid Program so that patients may continue to receive care from those very same providers on a fee-for-service basis, whether or not they’re affiliated with the network of a managed care organization. The Department of Public Aid is continuing to evaluate the feasibility and value of contracting with HMO plans and the scope and number of those types of service. Unique funding mechanism for paying for hospital care in Illinois, for example, the intergovernmental transfers, the IDT payment, and the hospital assessment, clearly makes the use of HMO’s 09400063.doc 249 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 more complicated. There is no assurance that the real savings can be achieved and there would be major impact to the state’s cash flow management because a prepaid, capitated system requires up-front funding rather the reimbursement methology… methodology generally applied to all other Medicaid providers. The Bill requires negotiation, but does not require the use of any particular type of program that still has to be determined by the Department of Public Aid and their re… further review of this issue.”
“Thank you for your response. Mr. Speaker, to the Bill. At this point, I’m emphasizing that I’m listening very closely, even though we have a lot of noise in hear. And I must stay focused on holding all parties to understand that in order to provide primary doctors and a continuum of health care to thousands of pregnant women, the elderly and families who have made the choice for better health care. Because of what we have discussed here today, I will support this language. And again, I reiterate that we cannot use any attempt to eliminate a vital program that will be viewed in direct contradiction to the intent of this legislation. An action, Sir, I cannot support but this Bill does that and I appreciate you having that language there and I thank you for indulging me for this moment. And I would ask for that ‘aye’ vote on House Bill 1197. Thank you, Mr. Speaker.”
“The last Speaker will be Mr. Hoffman. We’ve saved the best for last. Mr. Hoffman.” 09400063.doc 250 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Well, thank you, Mr. Speaker. Thank you, Mr. Speaker. Let me just say I’ve… I’ve sat here and listened to the debate. This is the fourth Bill, this would be the final Bill in the budget. We still have other work to do I understand. But this will be the final Bill out of the House for the budget. I sat here and on the first Bill that we talked about… the first… in all the years I’ve been here, I don’t know that I have ever heard a Representative call out other Representatives. The first time I’ve heard statements like, ‘I’ll tell you, Representative Ryg.’ And, ‘I can’t believe, Representative Jakobsson, that you can vote for this budget.’ I’ve never heard that before. I have never heard that before. But it happened. Well, how… why… how can they vote for the budget? How can’t they vote for this budget? Let me tell you what’s in here. Three hundred million new dollars for education. What’s in here? Twenty-five thousands kids get to attend pre-school. Full funding for Medicaid. Fifty-six thousand more people will get covered through Kids Care (KidCare). It creates a no… leave no senior behind, so that they can get health care they need. New hospitals assessment. Money for downstate transit, money for the CTA. The pensions funds were raped… you say we’re raping the pension funds. The pension funds were raping us. We provide a real reform for pensions. We provide a real reform and we passed ‘em and we provided the savings to go to education. Now, I can sit here and I can say, well, well, how could the new Representative from Peoria vote against 300… $300 million for educating our 09400063.doc 251 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 children? I’m not gonna say that. I’m not gonna say it cause that would be wrong. So, we sit here… we sit here and we had the State of the State… or the State of the State speech and the budget speech, that was in February. I thought some day, some way we’d get a plan from you. But we got no plan. We had hearings throughout the state. We waited for the plan. Where’s your plan? There’s no plan. When you gonna come up with your plan? We had appropriation hearings… appropriation hearings after appropriation hearings. Where’s your plan? There’s no plan. When is the plan coming? Each day when I go to my district office I check the mail. I think, is the plan gonna be here today? But there is no plan. There is no plan. I come to Springfield on Tuesday, maybe they delivered the plan to my Springfield office. There’s no plan, no plan in Springfield. Thursday, I drive home, maybe they sent the plan to my house. They must have sent the plan to my house. They thought they were sending it the district office, but at home, there was no plan. Two days ago… two days ago we debated the budget or the pensions. I said, well, we got two days. Are you gonna bring in a plan? Well, today we’re sitting here we’re four hours from adjournment, there’s no plan. Where’s the plan? Well, we’re waiting. I know what your plan was. We know what your plan was. Your plan was to take us into overtime in June, July, and August. We don’t like your plan. We have a plan. Our plan is to fund education. Our plan is to make sure kids get health care. Our plan is to fund 09400063.doc 252 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 Medicaid. Our plan is to leave no seniors behind. Our plan is to fund downstate transportation. And you know what our plan is about? Tough choices. Tough decisions. And our plan is about governing.”
“Mr. Hoffman, we can thank you. We now have three more Republicans that wanna speak. Mr. Bost.”
“Thank you, Mr. Speaker. And I’ll be short and brief. But the memory of the last speaker is not very good because I can remember in 1995, when my name was mentioned in this debate from that side of the aisle. Just the same… now, so don’t say, ‘Oh, this has never happened before.’ And the reality is, a plan could be worked on, but a scam has been worked on.”
“Mr. Sacia promises to be just as brief as Mr. Bost.”
“Or more so. If any way I offended Kathy Ryg or Naomi Jakobsson, who I came in with and I consider the dearest of friends, I profusely apologize. I would never insult either one of them for anything. My deepest apology.”
“Mr. Parke.”
“Thank you, Mr. Speaker. I’d like to respond to the previous speaker. And remind them that you are in control of the House. We are not. You have purposely cut us out for the last two weeks out of any budget negotiation. Now, you can make light of it all you want, but you have raped the pension plan of this state. You can make fun all you want, but that does not dilute the fact of what you have done. And you’ll pay the price over the long run. You can 09400063.doc 253 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 laugh and you can think it’s funny but in fact, it is not. This is very serious of what you have done to the people of this state. Ladies and Gentlemen, again, they’ll make fun of it, because they know they’re embarrassed, they know what they’ve done to the people of Illinois and for the future children of our state. It’s not very funny. You can chuck and jive all you want, but the fact of the matter is, is that we have done a bad deed to the people of this state.”
“Mr. Black.”
“Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. Let’s lower the rhetoric. Strange coming from me, isn’t it? Ladies and Gentlemen, if this… if this Body could work with Democrats and Republicans, including the Speaker, to pass a very contentious medical malpractice Bill, and that truly was a bipartisan effort, we could have done the same thing on the budget. We’re willing to work with you. The Speaker knows that from last year. You all know that from last year. If you wanna take full credit for a budget that’s based on nonsustainable revenue, do it. But look at what happened just… just less than 24 hours ago. The Governor’s Office of Management and Budget floats a plan that would possibly put $500 million on the table. Where was that a month ago in the budget negotiations? That’s 25 percent of where we needed to be to close the budget gap. We were willing to work with you on some temporary borrowing. Some… some… perhaps a… a smaller pension holiday. We didn’t walk away from 09400063.doc 254 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 anything. You decided not to let us participate. And I just wanna expand one… one thing that Representative Parke said. But before I do, I respect and admire every one of you on that side of the aisle and every one on this side of the aisle. We work together. I truly love some of you on that side of the aisle and when I leave here, that’s what I’m gonna miss the most, is the camaraderie that we can generally display working with each other. That… that’s… that’s a privilege and a pleasure I never take for granted. But let me just add to what Representative Parke said, you not only control the House, you control the Senate and you control every lever and button of State Government. And the last two years we’ve had overtime Sessions, overtime Veto Sessions. I’m not mad at anybody, I’m not gonna blame anybody. But I am gonna write a letter to the Governor this summer and suggest that he take off his suit coat, leave the hair spray at home, learn… learn to come to Springfield and roll up your sleeves and get involved in the process of governing this state. I can’t vote on a press release. I don’t have a staff analysis of a press release. And this is not a victory for your side and defeat for ours. There are good things in this budget. There are things that I really like and I’m glad that you, we, us, however you wanna spin it, accomplished. But all I would warn all of us and I think down deep we all know this, it’s predicated on a nonsustainable revenue basis. It might get us through another year, it won’t get us through two and it certainly won’t get us through three. 09400063.doc 255 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 And we have created a debt that we owe that I have yet to see a solid, disciplined plan that pays back the pension system. So, rather than just yell at each other, let me just take your lead by saying and especially to my good friend from down south, Jay Hoffman. I knew Jay Hoffman when he was a probation officer. I reported to him on a regular basis. No, seriously. This chamber is full of good people. And we often disagree and we often do so sometimes in a… in a disagreeable manner. But I’m gonna tell you something and I… I believe this. When somebody attacks any one of us personally, I think most of us will come to the defense of that Member or that party. I think we all try to do the best we can. It’s not an easy job that we’re given. So, when we leave here tonight, the future will say what we did was good or bad. We just simply have an honest difference of opinion on how you’ve chosen to finance fiscal ’06. It doesn’t make you bad people. It certainly doesn’t make us bad people. But if it collapses, I think I can speak for the entire caucus and I’m sure I can speak for our Leader. If something happens, if it collapses, if a lawsuit renders what much of what we did here tonight moot, I can assure you of this, every Republican Member will come back to Springfield when we’re called. We’ll roll up our sleeves and we will work with you to craft a real, honest budget based on the revenues that we actually have. So, if we’re about to leave, have a good summer. We all need some rest, but I love each and every one of you in this chamber.” 09400063.doc 256 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Mr. Hannig moves that the House concur in Senate Amendment #1 to House Bill 1197. Those in favor signify by voting ‘yes’; those opposed by voting ‘no’. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 64 people voting ‘yes’, 51 people voting ‘no’. The House does concur in Senate Amendment #1 to House Bill 1197. And this Bill, having received a Constitutional Majority, is hereby declared passed. Senate Bill 1965. Mr. Clerk, read the Bill. Mr. Dunkin.”
"Senate Bill 1965, a Bill for an Act concerning revenue. Third Reading of this Senate Bill.”
“Mr. Dunkin.”
“Thank you, Mr. Speaker, Members of the House. I present to you Senate Bill 1965 which amends the Film Production Service Tax Credit Act to add the following items. This year it’ll allow the credit to be transferred, one time, within the year after it’s awarded. It’ll also allow the credit to be carried forward for 5 years. Increase additional hiring in economic impact data collection and reporting requirements. And it also extends the Film Tax Credit for an additional year. I would be happy to answer any questions and I would encourage an ‘aye’ vote for the third year of the Illinois Film Tax Credit Bill.”
“Gentleman moves for the passage of the Bill. There being no discussion, the question is, ‘Shall this Bill pass?’ Those in favor signify by voting ‘yes’; those 09400063.doc 257 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 opposed by voting ‘no’. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 93 people voting ‘yes’, 20 people voting ‘no’. This Bill, having received a Constitutional Majority, is hereby declared passed. Senate Bill 575, Mr. Giles. Mr. Clerk, read the Bill. Mr. Giles.”
"Senate Bill 575, a Bill for an Act concerning education. Third…”
“Chairman of the Education Committee.”
"Third Reading of this Senate Bill.”
“Mr. Giles.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This evening I’m proud to present Senate Bill 575. 575, as everyone knows, is a measure that will prepare our high school students for higher… for higher education, college, and ultimately the work force. The contents of this… of this Bill requires higher standards for graduations. Currently, in the State of Illinois we have 2 years of math, we have 1 year of science and 3 years of language arts. Under the propose… proposals that we’re making today, we are phasing in 3 years of math that is required for freshmen entering high school in the year 2005-06. And algebra and reforms that specify that Algebra I and the course include geometry content will be required for freshman entering the 2006-07 year. Also in the 2006-07 year, we’re asking for writing intensive courses will also be added as a graduation requirement. Freshmen entering the year 2007 and 2008 would also need 2 years of 09400063.doc 258 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 science, rather than the current 1 year. And also, the fourth year of language art will be added for freshmen entering 2008 to 2009. As you have noticed, this is a phase-in requirements. Most district currently do not require all the courses now. Many students take… still take them in to… in to college because the university requirements exceeds the 16 credits that is required for Illinois graduation. Currently, the high school graduate requirements… the current high school graduate requirements were established in 1984 through the 1985 school year and we have not increased these requirements in the State of Illinois for 20 years.”
“Mr. Giles, could I interrupt you for one moment? Mr. Turner… Mr. Turner will take the Chair, but I want everyone to understand that after this Bill we’re going to break for committee and then return to the floor. So, it is absolutely imperative that everyone stay in the building and be prepared to come back to the floor after committee. Mr. Turner in the Chair.”
“Representative Giles, continue.”
“Thank you. Let me just continue to remind the Members of the House that these graduation requirements will be implemented over the pe… over a period of 6 years. So, it’s… it’s a gradual phase-in of these requirements. This legislation will specify course work completion in Algebra I and geometry content within 2 years. Currently, only 11 states this requirement. Arkansas is the only state currently that requires cour… course work beyond geometry. 09400063.doc 259 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 At least 13 state… other states have committed to raise their graduation requirements in math. One state requires that 3 years of English in high school, six states required that 4 years of English. Two of these six states require a speech course. Within the additional writing course work and the additional year of language art, Illinois will be in the top tier of the states, if we pass this legislation. One out of… 100 freshmen entering high school in Illinois, sev… approximately 72 will graduate, 43 will… will… immediately enter college, 30 will still be enrolled in college in their sophomore year and only 20 will graduate from college within a traditional 4 years. Ladies and Gentlemen of the House, this legislation will truly have a phenomenal effect on our high school students being able to compete in our society. This piece of legislation has been supported by a number of organization and association. Just to mention a few, the Illinois Business Round Table, the Illinois Board of Higher Education, the Chicago Area Writing Project, ISBE, the Civic Committee of… of the Commercial Club of Chicago, the Illinois… the Association for Career and Technical Education and on and on. And of course, I have about 15 state, public universities, the presidents, and the chancellors that support this legislation. Mr. Speaker, at this time, I would entertain any questions from Members of this Body and I urge for its passage.”
“The Gentleman from Cook, Representative Eddy, for what reason do you rise?” 09400063.doc 260 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Thank you very much, Mr. Speaker, but I’m gonna stay down in Crawford County, if it’s all right, instead of Cook. Would the Sponsor yield? It’s a long drive for me, too. Would the Sponsor yield?”
“He indicates he will.”
“Representative, as you know there’s lots of questions that surround this, some are technical nature. But I… but I just wanna cover a couple of issues that I hope you’ll work with me on as this… this concept which I’m reluctantly supporting only because of the financial issues. But what about teacher certification issues that involve, for example, tech-prep classes that have been developed so that a third year of an applied mathematics class that could involve technology using spreadsheets is being taught in a school district and currently being allowed as a math credit, but the teacher is not certified as a math teacher. I… I’m not asking that you would guarantee that that somehow would happen and… and that a vocational teaching certificate would allow a math credit, but… but I think we need to work on that issue, because it’s not just that instance, it’s also horticultural science classes that could count for science. It’s… it’s classes in English, applied communication classes that… that are part of good tech-prep curriculums. I know you understand or you recognize that issue and… and I… I’m hopeful that you’ll work with me for flexibility for school districts as they respond to this ramp up.” 09400063.doc 261 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Representative, thank you, that… that was a very good question and I think we’ve had some debate on that particular issue. And of course, I will work with you on those initiatives. But also, let me just say with the career and technical courses, in this state, there’s been the… the Governor has… has appropriated and has funded these courses at a substantial rate. I believe this particular… I believe last year… I believe, we increased the funding for these measure. When it comes to the actual courses being applied to these standards, I believe that these standards will enhance individuals that going into these careers, by meeting these course requirements, it would enhance their abilities to be able to be successful in those technical careers. But of course, I will work with you on those measures. I will continue to do so.”
“I appreciate that. Those ag students that sat in committee, I think, felt that we were… we were gonna do something that would help the courses they were… they were there to support, be counted for this initiative. And… and I wanna work with you on finding a way to do that. Funding is the other issue. As you know, in the budget there is nonspecific funding for this. The real expenses for this won’t be incurred by school districts for a couple of years because the third year of math which is the first ramp implementation really won’t effect students in their freshman year next year. However, I’m hoping again and… and I know the intention is that during the next couple of years as the real phase-in occurs and the need for funds 09400063.doc 262 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 becomes known and… and calculated, that… that we can work together to find the funding necessary for this ramp in, as well.”
“Representative, we would be more than happy to work with you on that.”
“My… my understanding is while it’s an inexact science to guess how much we’re talking about, it could be anywhere to be around 20 million a year, for maybe the 5 years that cover this. And… and if it’s certainly worth that, we can find the money for a worthwhile issue like this.”
“I… I think we can, Representative. I think this is such of an important piece of legislation to… to be able to… to make sure that we appropriately fund this measure. I think that’s probably one of the main reason in which why we are presenting this measure at this late hour because this was truly worked on quite awhile. I know it is… it is a priority of the Governor, a priority some of the Legislators and some of the Education Association. The main concern, as you stated, was the actual funding. Everyone that I talked to, everyone Legislator that I’ve talked to believes in the philosophy, believed that we should increase the standards that we should challenge our high school students. They truly believe in that, but they have some very serious reservation about the funding of it. And of course, a measure such as this, it should be funded. And I think it will be funded and we will…”
Speaker Turner: “Representative Eddy, you wanna bring your remarks to close.” 09400063.doc 263 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Thank you, Mr. Speaker. Very quickly to the Bill. I… I offered an Amendment in committee on this, making it subject to a specific appropriation. Something that is this good for kids should be implemented. I support the initiative and I… I truly look forward to working with Representative Giles in the next couple of years to find the funding for this. The bottom line is at the end of the day when we look at a… a proposal like this, we have to ask ourselves, is this gonna be good for the children? Is it gonna be good for the education? My… I believe the answer to that is ‘yes’ and… and I believe it’s our duty to find the funds to do that. Thank you.”
“If I can have the Members’ attention. We have 10 speakers that wanna speak on this Bill. It is the Chair’s wishes that we do two for and two against. Representative Eddy, you spoke for the Bill, is that correct? I would like to now entertain one of the ten that’s an opponent. The Gentleman from Cook, Representative Parke.”
“Ladies and Gentlemen of the House, everybody would want this Bill to pass. There isn’t anybody in this chamber that not… would not want this. This is the right way to go. We wanna make sure that our students have higher standards. We wanna raise the bar for ‘em, but this is not a perfect world, Representative. We do not have the money. You can be nice, nice, all you want but there’s no money for this. There’s no transitional funds for it. We have enough trouble hiring math and science teachers as it is. 09400063.doc 264 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 You’re gonna raise the requirements for graduation. Where are we gonna get those teachers and where are we gonna get the money to pay for ‘em? This is an unfunded mandate. How many of you have stood before your school boards and told them that you’re not voting for unfunded mandates. This is a huge unfunded mandate. There is not enough money to pay for this program. It’s a very practical idea. But you know, we have an awful high dropout rate in our high schools, especially among our minorities. You’re gonna increase the requirements for graduation. You know what you’re gonna do? You’re gonna require many of those students that drop out of school because they’re gonna have difficulty with that program. Ladies and Gentlemen, I am sorry but I must rise in opposition until you, Sir, get the money for it and I… I will help you with that. But until you get that money and put it with this program, we can’t vote for it. Because it’s a… it’s gonna be passed on to all of our school districts. Right now, our good organization like the School Management Alliance, LENDs SCORE, IEA, and the high school district organizations all want this, but they all must oppose it because of the money. Sir, I think this needs work. I would ask that… that I… that the Members vote against it. If, in fact, they do vote for it and pass it, I hope that it’s a priority for you to get that funding and many of our Members will work with you to get it. But until… until it’s in the bank, until that money can be dis… disseminated 09400063.doc 265 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 to the school districts, I cannot support this legislation, Sir.”
Speaker Turner: “The Gentleman from Lee, Representative Mitchell, do you rise as a proponent or opponent?” Mitchell, J.: “I’m a proponent.”
“Speak to the Bill.” Mitchell, J.: “Thank you. Ladies and Gentlemen of the House, this particular Bill is one that is way, way past due. Now this state, for all of its good qualities, is in the bottom tier of states when it comes to graduation requirements. The cost is spread out over time. There… in fact, there is no cost in this budget. The cost comes down the road. I am confident that Representative Giles, that others in this chamber will make sure that the money is there. But the fact of the matter is we must put in the graduation requirements in a global economy that we know our students are going to need in order to be competitive with not only other states but other countries. Most districts are either there or close to there already. In fact, our state requirements in the School Code are below almost every school district. Now, this may raise ‘em above some school districts and it may cost some money, but not nearly as much as we’re trying to pretend. It’s the right time to do this. We’ll get the funding. I have great confidence in that. The thing is we’ve got to get the graduation requirements up to where we’re going to be competitive. Representative Giles, I’ll work with you next year and the 09400063.doc 266 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 following year to make sure that the money is there. I certainly support your… your legislation. Thank you.”
Speaker Turner: “We’ve heard from three proponents, one opponent. Representative Bassi, are you a opponent?”
“At the moment, Representative, it’s questionable. I have a number of questions, if I may.”
“You’re the last one. Speak.”
“Thank you. Representative, can you tell us exactly what the increase in requirements will be? Increase in requirements, what will they be? They will be… additional year of math, an additional of science, and an additional year of English. So, that we’re bringing up to 4 years of English, 3 years of math, 2 years of science, but we’re also adding the requirement that they have to have these very specific writing questions. Is that not correct?”
“That’s correct, Representative.”
“And do all of the schools currently have the writing assessment program as part of their requirements?”
“Mr. Speaker, I… I can’t… I can’t… I’m hearing an echo. Could you repeat that?”
“Do the schools have the writing requirement currently in place?”
“Representative, with the… are you speaking about the language art, are you speaking about the writing requirements?”
“I’m talking about the writing requirement that our eloquent Governor is requiring.” 09400063.doc 267 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“At this time, no, this particular legislation will require 2 years of writing…”
“And is there…”
“…of intense writing.”
“…any funding for that writing requirement from our eloquent Governor?”
“Representative, as I stated once before, this is a major priority to work on getting the funding…”
“And is the funding…”
“…but however, this particular… this particular issue here with the writing, it doesn’t start until the year 2006-2007. So, it’s phased-in, so we… we still have time to make sure that this particular writing requirement is funded properly.”
“And where are we going to find the money to hire the teachers? Are they already trained?”
“Rep…”
“Are the teachers trained for writing… for teaching of writing programs?”
“Well, Representative, you know, I think you know that the writing requirements will be…”
“Phased in…”
“…coupled with other… other programs in which they will be funded. They will be funded.”
“When?”
“When… once again…”
“Because I specifically asked that question in committee, Representative, and was told initially by the 09400063.doc 268 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 Governor’s people, ‘Oh, yes, there will be $20 million for our transitional funding.’ The money is not in the two Bills that we just passed.”
“Rep… Representative, you know that I held this Bill on sec… on Second Reading for a very long time, out of committee. We have had hearings. We’ve brought all of the…”
“And the money is still…”
“…educational…”
“…not there from our eloquent Governor who cares so much about education. Correct?”
“And… and that’s correct. And… and we’ve had numerous of hearings discussing that issue and this is a phase-in and…”
“Does the City of Chicago…”
“…we will have the funding.”
“…already have these requirements, Representative?”
“Yes, the City of Chicago do have some of these requirements.”
“And… and how good are their graduation accomplishments…”
“All…”
“…as compared, for instance, to new… to Stevenson High School…”
“Rep…”
“…or New Trier High School which do not have these requirements, Representative, of this huge unfunded mandate that will cost approximately $100 million by the time it’s 09400063.doc 269 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 done, Representative, for which we have no assurance of funding, Representative, for in either of the Bills that we just passed by our… that were promised by our education-minded Governor.”
“Representative, the Chicago… in the Chicago area there, their scores are improving every year and…”
“But do our… but do tho… are those requirements currently in place in the City of Chicago? ‘Yes’ or ‘no’.”
“Yes, they are.”
“Yes, they are. Are their graduation requirements comparable to New Trier and Stevenson which do not have these requirements?”
“Representative, they are improving every year.”
“No, my question is, are the requirements the same?”
“Yes, the requirements are the…”
“But are they comparable to New Trier and Stevenson today, even though, they already have these in place.”
“Representative, they are not comparable but they are improving every year.”
“Well, bully for you. And where’s the transition money that’s gonna provide for all of the schools outside of the City of Chicago when we already have money going into the City of Chicago for healthy minds, for Senate Democratic prop projects, for grow your own teachers initiative, for the Chicago aerospace initiative, all of this money is going into the City of Chicago which already has these requirements, but no funding to the suburban schools that are going to have to put in these requirements when their 09400063.doc 270 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 schools are already pro… providing much better quality and in terms of getting their kids to… on to college, they’re doing it without this unfunded mandate that are eloquent, education minded…”
“Bring your remarks to a close.”
“…wishes to have in his PR pop.”
“Representative, I can assure that the Governor of this state and everyone that is involved, we’re working very feverishly to make sure that this phase-in program will be funded at the proper time.”
“And… and… and since there’s no money allocated this year, but we’ll need to have science labs for these kids within a year, there’s no money for that. And there’s no money for the training of these teachers, we are putting NCLB certification at risk be… because we don’t know exactly how these highly qualified teachers are going to be there. But by golly, our educational Governor wants this after surfboarding through law school and getting ACT on his… on his… an 18 on his ACTs, he wants to make sure that all the rest of the kids in this state are really well-educated. Bully for him. Representative, the intent of this is excellent. When we’re doing a PR pop for the Governor, when he’s…”
Speaker Turner: “Thank you, Representative. Representative Giles to close.”
“Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I truly understand the concerns of… of a lot of the Members in this chamber about this being an unfunded 09400063.doc 271 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 mandate. And that’s one of the reason why I held this Bill to… to work on making sure that questions was answered, issues was addressed, and explanation was given for some of the questions. This is… this is long time coming. This is overdue in this state. Our State of Illinois, we… we are falling behind, not just as… the rest of the states in this country, but as far as, we’re falling behind competing in the workforce. This is somethin’ that we have to do. We often talk about kids not being able to compete on a local level but also on a national level. By having these requires increa… these standards in…”
“The question is, 'Shall the House pass Senate Bill 575?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Bassi. Lou Jones. Kosel. Clerk shall take the record. On this question, there are 104 voting 'aye', 10 voting 'no', 0 ‘presents’. And this Bill, having received a Constitutional Majority, is hereby declared passed. Like to remind the Members for those who did not get pizza earlier, on the right hand side there’s more pizza. The Gentleman from Cook, Representative Molaro, for what reason do you rise?”
“Just as announcement and couple of people have been saying goodbye to me and it makes me nervous because there are a couple of Bills I’m interested in. That maybe they didn’t hear the announcement by the Speaker that we are going to committees and we are coming back. I just wish 09400063.doc 272 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 you’d reiterate that. I mean, everybody knows since he’s my running mate, when he’s not here, I speak for him. But I think it’s better… I think it’s better if it came from you, Mr. Speaker…”
“Thank you for the…”
“…that people realize we are coming back.”
“Thank you for the reminder. The Lady from Cook, Representative Feigenholtz, for what reason do you rise?”
“Thank you, Mr. Speaker. Before we all go home for the summer, I… I have to make note to all of you that when we return in November, we’re going… we have a… a very prolific group here. We’re going to… there are three people here who are going to be fathers again, for the second time. Representative David Miller, who’s going to have… tomorrow will have, hopefully, a new baby with the help of God. Chapin Rose, in July will be a father again. And of course, my seatmate, the prolific and wonderful and fabulous, Harry Osterman, in… in October. Let’s give them all a big hand. Oh, and Lou Lang. Oh, Ken Dunkin’s gonna be a daddy again. How about that? Okay. Thank you.”
“Any… any moms out there? Agreed Resolutions, Mr. Clerk.”
Clerk Bolin: "Agreed Resolutions. House Resolution 536, offered by Representative Dunkin. House Resolution 537, offered by Representative Dunkin. House Resolution 538, offered by Representative Willa… Will Davis. House Resolution 540, offered by Representative Fritchey. House 09400063.doc 273 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 Resolution 541, offered by Representative Jones. House Resolution 542, offered by Representative John Bradley. House Resolution 543, offered by Representative Flider.”
Speaker Turner: “You’ve heard the Agreed Resolutions. Representative Currie moves that we adopt the Agreed Resolutions. All those in favor say ‘aye’, all those opposed ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And the Agreed Resolutions are adopted. Mr. Clerk, Committee Reports… committee schedule.”
"The following committees will meet immediately: Elementary & Secondary Education in Room 114, Executive in Room 118, Personnel and Pensions in 122-B, Revenue in 115, State Government in C-1.”
Speaker Turner: “The Gentleman from Lee, Representative Mitchell, for what reason do you rise?” Mitchell, J.: “Mr. Speaker, I was just going to say, I make a Motion that the Speaker let us go to committee and get it over with.”
“With that, I’d like… the committee… let the House know that we will stand at ease ‘til the hour of 9:00. We will reconvene here at 9:00. All Members should be back and in their seats at 9. The committees are starting shortly. With that, we are at ease. Supplemental Calendar #3. Mr. Clerk, Committee Reports.”
Clerk Mahoney: “Representative Barbara Flynn Currie, Chairperson from the Committee on Rules, to which the following legislative measures and/or Joint Action Motion were referred, May… on… on or before May 31, 2005, reported 09400063.doc 274 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 the same back with the following recommendation/s: 'approved for floor consideration' is House Resolution 479 and House Resolution 539. Representative Burke, Chairperson from the Committee on Executive, which the following measure/s was/were referred, action taken on May 31, 2005, reported the same back with the following recommendation/s: 'recommends be adopted' Floor Amendment #2 to Senate Bill 572. Representative Franks, Chairperson from the Committee on State Government Administration, which the following measure/s was/were referred, action taken on May 31, 2005, reported the same back with the following recommendation/s: 'recommends be adopted' Senate Joint Resolution 31 and Senate Joint Resolution 35. Representative Reitz, Chairperson from the Committee on Revenue, to which the following measure/s was/were referred, action taken on May 31, 2005, reported the same back with the following recommendation/s: 'recommends be adopted' Floor Amendment #2 to Senate Bill 676. Representative Giles, Chairperson from the Committee on Elementary & Secondary Education, which the following measure/s was/were referred, action taken on May 31, 2005, reported the same back with the following recommendation/s: 'recommends be adopted' a Motion to Concur with Senate Amendment #1 and 2 to House Bill 881 and House Joint Resolution 25. Representative Richard Bradley, Chairperson from the Committee on Personnel and Pensions, which the following measure/s was/were referred, action taken on May 31, 2005, reported the same back with the following 09400063.doc 275 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 recommendation/s: 'recommends be adopted' Floor Amendment #2 to Senate Bill 1442.”
Speaker Turner: “Supplemental Calendar #3, we have House Resolution 479, Representative Fritchey, the Gentleman from Cook.”
“Thank you, Speaker, Members of the Body. As many of you are aware as part of the budget process this year, we’ve been able to come and provide financial assistance to Chicago Transit Authority. In keeping with the notion of responsible government, House Resolution 479 directs the Auditor General to conduct a financial and operational audit of the CTA, so that we can better determine the true of their finances and their financial outcome going forward. I’d be happy to answer any questions.”
Speaker Turner: “The Gentleman from Cook, Representative Molaro, for what reason do you rise?”
“Thank you. Will the Sponsor yield?”
“Indicates he will.”
“Thank you. Representative, is the CTA… I don’t know what you mean by ‘conduct an audit’, I don’t know what that means.”
“We’re gonna have the Auditor General review the books and finances of the Chicago Transit Authority with respect to their capital budget and their operational budgets.”
“Do we do this for the RTA and for PACE?”
“A Resolution could be filed to do this for any of these agencies.” 09400063.doc 276 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“I was just wondering why we pick out the CTA as opposed RTA or PACE? I mean, is there some reason we’re doing this? We don’t trust them or something?”
“There’s actually is a reason that we’re doing this. My district has had a very unfortunate experience with representations that have been made to it for years regarding the Brown Line Expansion Project. Those representations were not correct. We don’t know if that was intentionally or inadvertently. Yet, to this day, we still do not have an accurate picture of the financial situation of that… of that project. My constituents, myself, some of my colleagues have been left somewhat dismayed and disappointed by the responses that we got from the CTA. We feel this is an appropriate measure in response to this situation.”
“Thank you.”
“The Gentleman from Cook, Representative Joe Lyons.” Lyons, J.: “Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I wanna commend John for doing this. This is something long overdue. As somebody who’s been involved with the Special Transit Committee, Julie Hamos has done a great job of chairing it. We’ve had meetings on this thing all year. We had ‘em previously last year, we were subcommittee of the regular Transportation Committee. This is something that in… in… in the spirit of what we’re trying to do to help that organization, we owe it to ourselves to do what John’s doing through this Resolution. 09400063.doc 277 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 So, I commend you for doing it and there should be nothing but ‘green’ lights on this. Thank you.”
“The Lady from Cook, Representative Hamos, for what reason do you rise?”
“Thank you. And I… I, too, am standing to support this Bill. However, or this Resolution, however, I would have amended this earlier or convinced maybe the… the Sponsor to amended it to also include RTA, Metra, and PACE. Remember, Ladies and Gentlemen, we have not looked at these systems in 22 years and I think they are long overdue for an independent audit. This is a good first step, but I think we might want to go the next step and to try to just make sure, give us confidence that all of these systems are in good order. I urge an ‘aye’ vote.”
“The question is, 'Shall the House pass House Resolution 479?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 113 voting 'aye', 1 voting 'no', 0 ‘presents’. And this Resolution, having received the Constitutional Majority, is hereby declared passed. On the Order of Supplemental #4… On the Order of Supplemental Calendar #4, we have Senate Joint Resolution 31, Representative Washington.”
“Thank you, Mr. Speaker. And Mr. Speaker, I hope that my colleagues will give me favorable support for SJR 31. And what it does, it’s a commission to study the 09400063.doc 278 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 Transatlantic slave trade and the effects that it had on black people both past and present. And I ask for a favorable vote of support. Thank you.”
“Seeing no questions, the question is, 'Shall the House pass Senate… SJR 31?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 111 voting 'aye', 0 'noes', 0 ‘presents’. And this Resolut… Senate Joint Resolution 31, having received the Constitutional Majority, is hereby declared passed. On the Order of Senate Joint Resolution 35, we have Representative Poe, the Gentleman from Sangamon.”
“Mr. Speaker, SJR 35, it is a Bill that would name October 15, 2005 as Pregnancy and Infant Loss Remembrance Day. Thank you.”
“Seeing no questions, the question is, 'Shall the House pass Senate Joint Resolution 35?' All those in favor should vote 'aye'; all those opposed… The Lady from Cook, Representative Mendoza, no… All those in… all those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 113 voting 'aye', 0 'noes', 0 ‘presents’. And this Resolution, having received the Constitutional Majority, is hereby declared 09400063.doc 279 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 passed. The Lady from Cook, Representative Mendoza, for what reason do you rise?”
“Point of personal privilege, Mr. Speaker.”
“State your point.”
“Thank you. I know that a short time ago before we went into recess or to committees, I should say, we talked about a couple or three new additions to the House, in terms of babies that are on their way. So, we’re gonna have both Democrats and Republicans coming into the House. But I wanted to take this opportunity to talk about a subtraction to the House that I think we’re gonna feel very close to heart. Sally, our dear photographer, is moving on to bigger and better things. And so, on behalf of the Democratic side of the aisle who’s pictures she is… has been taking time and time again, at least since I’ve been here over the last 5 years, we wanna wish her the best of luck as you go on to college, Sally, to study photography. And present you, on behalf of the Democratic side, with this little remembrance of our love for you, Sally. Good Luck.”
“On the Order of Resolutions, we have House Joint Resolution 25, Representative Feigenholtz, the Lady from Cook.”
“Thank you, Mr. Speaker. HJR 25 is a Resolution establishing a clearing-house for various check-offs that we have been passing… attempting to pass and it will help streamline the process to do background checks for school workers.” 09400063.doc 280 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Seeing no questions, the question is, 'Shall the House pass House Joint Resolution 25?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 114 voting 'aye', 0 'noes', 0 ‘presents’. And this Resolution, having received the Constitutional Majority, is hereby declared passed. On the Order of Resolutions… House… we have House Resolution 539, Representative Dunkin.”
“Thank you, Mr. Speaker. House Joint Resolution 539 simply… First of all, we should congratulate ourselves. We have for the first time in history, the Gay Olympics here, the Gay Games. This… this is their seventh tour. Every 4 years, every country, just about every western country at least, competes for this here. And we have the Gay Games starting July 15 in 2006, which will generate about $82 million in hotels, in res… restaurant and other economic activities here in our great State of Illinois. So, I would hope that all of my colleagues here who believe in tourism, who believe in the greatness of the economy, would… an incredible experience for an Olympics to come here would join in and celebrating us with this House Joint… with this House Resolution and welcoming and recognizing the Gay Games here in the State of Illinois.”
“Representative Dunkin moves for the adoption of House Resolution 539. All in favor should say ‘aye’, all those opposed say ‘no’. In the opinion of the Chair, 09400063.doc 281 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 the ‘ayes’ have it. And the Resolution’s adopted. The Gentleman from Cook, Representative Dunkin, for what reason do you rise?”
“Just a point of clarification, for your information. Anyone can participate in the Gay Games…”
“Dunkin.”
“…next summer.”
“Dunkin. You’re through.”
“Thank you.”
“You’re through. On page 7 of the Calendar, Senate Bill-Second Reading, we have Senate Bill 572, Representative Rita. Read the Bill, Mr. Clerk.”
“Senate Bill 572 has been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment 2, offered by Representative Rita, has been approved for consideration.”
“The Gentleman from Cook, Representative Rita, on Amendment #2.”
“Thank you, Mr. Speaker. Amendment #2 becomes the Bill. The intent of this legislation is to encourage development for intermodal terminal facilities throughout the state to encourage redevelopment of blighted areas. An interterminal facility needs land improvements to land equipment necessary for the receipts of the transfer of goods between transportations, at least one of ‘em is being used in transferred… transportation of supplies and goods. I’d be happy to answer any of these questions.” 09400063.doc 282 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“The Gentleman from Cook, Representative Parke, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he will.”
“Representative, it’s our understanding that this has significant quick-take powers involved in this legislation. Is that true?”
“No. Quick-take was taken out of the Bill. If you look at under the Amendment, it only gives two features to this Bill, which gives sales… sales tax deduction for building materials and it also gives if… if… in TIF districts to remove blight.”
“So, that’s been removed as Amendment 2…”
“Yes…”
“…you said is the Amen… becomes the Bill.”
“You have to look at under Amendment 2 there, Ter…”
“And that becomes the Bill?”
“What’s that?”
“That becomes the Bill?”
“Amendment 2 becomes the Bill.”
“All right. Thank you.”
“The Lady from Cook, Representative Mulligan, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he will.”
“Representative, I noticed in your Bill that in this TIF district the builder gets a tal… sales tax exemption for building materials? Is that usual?” 09400063.doc 283 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Yes, tha… Yes, that’s correct.”
“Where else in the state do they do that?”
“Well, that’s what would be created under this Act, the Interterminal Modal Facility Act.”
“Just for that… for that one area?”
“What’s that?”
“Is that usual in all enterprise zones or just in your area?”
“It would be only put within this facility… within this if it was adopted… put within this. Not for any area throughout the state.”
“Representative…”
“It was a tool within this for…”
“…my staff has a better answer than your staff. My staff says that’s usual in enterprise zone. So, perhaps you…”
“It is usually is part of an enterprise zone…”
“I said, perhaps you’d like to take the answer from our staff.”
“…but instead of… instead of adopting a whole enterprise zone part of this legislation, we took one part of the enterprise zone and put it within this legislation. ‘Cause there’s many components to an enterprise zone and we didn’t want to put all that part into this.”
“Stop while you’re ahead. My staff gave me the right answer. Thank you.”
Speaker Turner: “The Lady from Cook, Representative Feigenholtz, for what reason do you rise?” 09400063.doc 284 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Thank you, Mr. Speaker. While I was out for a moment, we did the… the Auditor General CTA Resolution, House Resolution 479. My seatmate who typically has a hard time hitting the ‘no’ button, accidentally voted my switch ‘no’. Must be thinking about that baby. Huh?”
“Record…”
“I would like to be recorded as voting ‘yes’.”
“The record will so reflect. The Gentleman from Cook, Representative Miller, for what reason do you rise?”
“Will the Sponsor yield?”
“He indicates he will.”
“Just one question. In our analysis, it says that the TIF district doesn’t have to show blight? Is that correct?”
“Correct. This… this will take the word ‘blight’ out of this… within this piece of legislation.”
“Say that again.”
“See ‘blight’ is already built in to the definition of intermodal facilities.”
“Hold on. ‘Blight’ is already…”
“What… what this would do is encourage economic development into dispressed areas and this is the tools that they need for them to bring this… this type of… different projects into these areas that have these train facilities that need to be redeveloped and/or new construction to create economic development for them…” 09400063.doc 285 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“…I don’t wanna… I don’t wanna cut you off. But I’m just trying to make sure that we’re talking about areas of affluency which would be in direct… I believe, not the intention of a TIF district.”
“No, the intention of that is not for that. Is not… is not the intent of what…”
“Okay, thank you.”
Speaker Turner: “The Gentleman from Cook, Representative Osterman, for what reason do you rise?”
“Get back to me, Mr. Speaker, after this Bill.”
“Will do. Gent… Representative Rita to close on Amendment #2.”
“This is a very important piece of legislation. I ask for a favorable vote.”
“The Gentleman moves for the adoption of Floor Amendment #2 to Senate Bill 572. All those in favor say ‘aye’, all those opposed say ‘no’. In the opinion of the Chair is the ‘ayes’ have it. And the Amendment’s adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Read the Bill, Mr. Clerk.”
“Senate Bill 572, a Bill for an Act concerning local government. Third Reading of this Senate Bill.”
“The Gentleman from Cook, Representative Rita.”
“As I explained in the… while we adopted the Amendment there, I’d ask for a favorable vote.”
“Gentleman moves for the adoption… moves for the passage of Senate Bill 572. All those in favor should 09400063.doc 286 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 109 voting 'aye', 3 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Gentleman from Cook, Representative Osterman, for what reason do you rise?”
“Thank you, Mr. Speaker. Two points, my name was used in be… debate on the previous Bill. I wanna reflect on that last Bill I did vote ‘no’. My seatmate, Representative Feigenholtz, so… if the Clerk could reflect… look on the Roll Call on how she voted on House Resolution 474 and… 479 and inform the Body of that on the Roll Call, please. She was not here.”
“On the Order of Second Readings, page 8 of the Calendar, we have Senate Bill 676. Read the Bill, Mr. Clerk.”
“Senate Bill 676 has been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Moffitt, has been approved for consideration.”
Speaker Turner: “The Gentleman from Knox, Representative Moffitt on Amendment #2.”
“Thank you, Mr. Speaker. Amendment #2 to Senate Bill 676 extends the life of a TIF district for Woodhull, Illinois. That’s in Henry County. And we have the appropriate letters of taxing bodies, including the school 09400063.doc 287 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 district in support of this. And just so a routine extension. Be happy to entertain any questions.”
Speaker Turner: “Gentleman moves for adoption of Floor Amendment #2. All… all those in for should say ‘aye’; all those opposed ‘no’. In the opinion of the Chair is the ‘ayes’ have it. And Amendment #2 is adopted. Any further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Read the Bill, Mr. Clerk.”
"Senate Bill 676, a Bill for Act concerning Revenue. Third Reading of this Senate Bill.”
Speaker Turner: “The Gentleman from Knox, Representative Moffitt on Senate Bill 676.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 676 as amended just extends the life of a TIS… TIF district from 23 years to 35, the Village of Woodhull in Henry County. I’d be remiss if I didn’t thank Representative Turner or Speaker, right now, for allowing me to use his Bill, Majority Leader Currie, Bob Molaro, Representative Molaro, helped us and then our staff. So, it was a late request and they found this Bill and it was only with a cop… bipartisan cooperation that we’re able to get it to this point. So, thank you very much. Be happy to entertain any questions.”
Speaker Turner: “The Gentleman from Cook, Representative McCarthy, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he will.” 09400063.doc 288 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Representative, I think you said it goes from 23 to 35.”
“It… it extends it twe…”
“And our…”
“…twelve years.”
“Okay. And our analysis says it would now expire in the end of 2028. So, as it currently stands it… it’s set to expire at the end of 2016? And we feel it’s necessary to extend it at this time?”
“It was a request, yes, by a developer and by the village. They… they… to proceed with the project they wanted a guarantee or assurances that it was gonna be extended. So, it was their request.”
“So, 11 years… their position was that 11 years was not sufficient to whatever the new development they’re gonna do?”
“Right, the…”
“I mean, they still have a 11 years left if your… if the numbers are right. Am I right that it’s currently gonna expire in 2016, if we don’t do anything?”
“2033 will be the expiration date. Is that what you’re saying?”
“No, I… well, ours says 2028, with this extension. And you said it’s extending by 12 years, so I subtracted backwards and said 28 minus 12 is 16. So, at the end… it currently… Well, why don’t I ask you, when is it currently supposed to expire, if we don’t do this?” 09400063.doc 289 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“This gives it an additional total life now of 28 more years. We’re adding 12 to the 23 that it had.”
“Okay. That actually makes it even a little bit worse for my point, because now you’re telling me that that the current thing would expire at the end of 2021 and we’re gonna make it an additional 12 years. 2021 is 16 years into the future and yet, we’re doing it like another 12 beyond that. It seems hard for me to believe something that already has 16 years left on it needs, I mean… Do you have any reason why that… why that… I mean that, it seems like 6… an open ended TIF for 16 more years, it’d be hard to explain why it needed 12 more at this time.”
“Representative, we’re following the precedents that’s been set, it’s my understanding, of extending the additional 12 years. The current user of this that’s attracted to it is a housing development, a developer, and they asked that… that they have the assurance that it’s gonna be extended and that for… for their ability…”
“Okay.”
“…to go ahead knowing the terms. They asked for this extension.”
“And as far as…”
“I think it…”
“Okay.”
“…matches the bond life that they would have and without our guaranteeing them that this extension’d be there, they wouldn’t get as favorable bond ratings.” 09400063.doc 290 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“I think the bond is the answer I was looking for, so thank you for that. But you did say earlier that all of the taxing districts that would operate in this TIF have signed off on it?”
“Right.”
“Okay.”
“Correct.”
“Thank you.”
“Thank you.”
Speaker Turner: “The Gentleman from Cook, Representative Molaro, for what reason do you rise?”
“Thank you, Mr. Chairman. I don’t think… Mr. Chairman… Mr. Speaker. I don’t think he needs our help yet. Representative McCarthy got the question answered. This is a great idea. We’re doing it late in the Session because it is such a great idea. It’ll really help his area and that’s what this chamber’s supposed to be all about. So, I would urge an ‘aye’ vote.”
“Representative Moffitt to close.”
“Thank you. Appreciate an ‘aye’ vote.”
“Gentleman act… The question is, 'Shall the House pass Senate Bill 676?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Reitz. Tenhouse. The Clerk shall take the record. On this question, there are 105 voting 'aye', 8 voting 'no', 1 voting ‘present’. And this Bill, having received the Constitutional Majority, is 09400063.doc 291 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 hereby declared passed. On page 12 of the Calendar, on the Order of Concurrences, we have House Bill 881, Representative Kosel. Read the… Representative Kosel on 881.”
“Thank you, Mr. Speaker, 881, Amendments 1 and 2. This is the gifted education Bill. It is the same Bill that we passed out of here before. Amendment #1… Senate Amendment #1, makes it identical to the passage that was out here. Senate Amendment #2 was added on by Senator Cronin in reflection to a problem that occurred in his district that concerns some health insurance for a member of a school. And I would ask for its adoption.”
“The Lady from Cook, Representative Bassi, for what reason do you rise?”
“Thank you, Mr. Speaker. A question, if the Lady will yield?”
“She indicates she will.”
“Representative Kosel, is this the gifted education program that is not funded in the Governor’s budget?”
“Yes, it is.”
“Oh, thank you.”
“Seeing no further questions, the question is, 'Shall the House concur in Senate Amendments 1 and 2 to House Bill 881?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 114 voting 'aye', 0 'noes', 0 09400063.doc 292 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 ‘presents’. And this Bill, having received the Constitutional Majority, is… this… the House does concur in Senate Amendments 1 and 2 to House Bill 881 and this Bill, having the Constitutional Majority, is hereby declared passed. On page 3 of the Calendar, we… on the Order of Second Readings, we have House Bill 2011. Representative Colvin. Read the Bill, Mr. Clerk.”
"House Bill 2011 has been read a second time, previously. No Committee Amendments. Floor Amendment #2, offered by Representative Colvin, has been approved for consideration.”
“Gentleman from Cook, Representative Colvin on Amendment #2.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 2011 is a technical cleanup Bill that is the ensuing Bill to a piece of legislation we passed last year labeled the Grow Our Own Teachers, which was Senate Bill 1550 in the 93rd General Assembly. House Bill 2011 is a number of technical changes to that legislation making the Bill more proficient. I’ll be happy to answer any questions with respect to the changes that were… the technical changes that were in the Bill.”
“The Gentleman from Cook, Representative Parke, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he will.”
“Representative, is this permissive language?” 09400063.doc 293 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“What component of the Bill are you require… I mean, when you say com…”
“Well…”
“I don’t…
“…I’m talking about Amendment 2.”
“Yes… Representative Parke, in terms of how the Bill is implemented, how it work, it is entirely permissive.”
“Does this program only effect the City of Chicago?”
“This program is a statewide program.”
“It’s a statewide?”
“This is a statewide program.”
“Thank you.”
“Seeing no further questions, the question is, 'Shall the House adopt Amendment #2 to House Bill 2011?' All those in favor should say 'aye'; all those opposed should say 'no'. In the opinion of the Chair, the ‘aye’s have it. And Amendment #2 is adopted. Further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Read the Bill, Mr. Clerk.”
"Senate… House Bill 2011, a Bill for an Act concerning education. Third Reading of this House Bill.”
Speaker Turner: “The Gentleman from Cook, Representative Colvin.”
“Thank you, Mr. Speaker. For the previous… based on a previous statement I made, this is simply technical cleanup language to the parent Bill, Senate Bill 1550, that passed out of the House last year under the… it titled the Act 09400063.doc 294 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 Grow Our Own Teachers Act. I’d be happy to answer any questions on the technical changes to the Bill.”
“The Lady from Cook, Representative Bassi, for what reason do you rise?”
“For a question, Mr. Speaker, if the Sponsor will yield.”
“State your question.”
“Representative, is this for the Grow Your Own Teacher Program that only benefits the City of Chicago?”
“No, Ma’am. This is a statewide program.”
“It’s a statewide program?”
“Yes.”
“Okay. Thank you.”
“You’re welcome.”
“Seeing no further questions, the question is, ‘Shall the House pass House Bill 2011?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk take the record. On this question, there are 110 voting ‘aye’, 4 voting ‘no’, 0 ‘presents’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 9 of the Calendar, we have Senate Bill 1442, Representative Hoffman. Read the Bill, Mr. Clerk.”
"Senate Bill 1442 has been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Lang, has been approved for consideration.” 09400063.doc 295 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
Speaker Turner: “The Gentleman from Madison, Representative Hoffman, on Amendment #2.”
“Actually, I believe that there was a slip changing the… the sponsorship.”
“You’re Sponsor of the Amendment. Proceed.”
“Yeah, I… I be… I believe there is also a slip that would change the principal Sponsor.”
“We’ll take care of that. Proceed on the Bill (sic-Amendment).”
“Thank you, Mr. Speaker. This is… this is… would amend the State Employees Retirement System and will allow that prior to October 31, 2005 people who are leaving state employment could take the amount of money that they have paid into the pension system at their option, plus the employees amount at a compound of 6.5 percent interest. And the idea is that… we passed this last year, this is kind of a severance package. Last year, 5 hundred people took it. It’s voluntary… voluntary and totally voluntary. In addition, this Bill allows individuals who are retirees in the State Employees Retirement System, and are not Medicare eligible, and have other types of health care insurance, have other health care insurance could be paid a stipend of $150 per month if they do not take the state insurance. We would then get the savings from them not taking that health care insurance. Again, this passed unanimously last year. This is built into the budget and it is part of the… the… this is essentially a budget implementation item.” 09400063.doc 296 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Seeing no questions, the question is, ‘Shall the House adopt Floor Amendment #2 to Senate Bill 1442?’ All those in favor should say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair is the ‘ayes’ have it. And Amendment #2 is adopted. Further Amendments?”
"No further Amendments. No Motions filed.”
“Third Reading. Read the Bill, Mr. Clerk.”
"Senate Bill 1442, a Bill for an Act concerning State Government. Third Reading of this Senate Bill.”
Speaker Turner: “The Gentleman from Madison, Representative Hoffman.”
“Yes. I just explained the Amendment and I ask for a favorable Roll Call.”
“The Gentleman from Cook, Representative Parke, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“He indicates he will.”
“Representative, is SERS in support of this?”
“It is… it would be revenue neutral to the pension fund, so I believe that they are neutral. They’re not against it.”
“Did they testify in committee on it? Were they in attendance?”
“SERS… they’ve taken no position. They were not in committee. They don’t… what”
“They may not have known about it.”
“…No, they knew about it. They knew about it. We did it last year and it had not cost to the pension system. As 09400063.doc 297 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 a matter of fact, I believe that there was… there were… there was some savings in… in future liability in the amount of $5 million.”
“Has this gone… is this come from the Senate to us or are we putting it on here?”
“No, this is a… an Amendment on a Senate Bill. It has to be concurred on in the Senate.”
“So, we gotta send it to the Senate? We still have to send this to the Senate?”
“Yes. After this, it needs to be concurred on in the Senate.”
“And I… and you say that it doesn’t cost any money to the system?”
“It actually will be a savings. And as a… as a net savings to the pension fund in future liability. And would be a savings in that if a person leaves State Government, these are nonfrontline employees and we would not be filling those positions.”
“Well, I’ll tell ya what. This… this makes me very uncomfortable. I… I don’t…”
“Well, you voted for it last year. I guess… is there some reason you’d be uncomfortable this year?”
“…Well, that was last year. This is this year.”
“That was then, this is now.”
“I think people better take a good, hard look at this.”
“The Gentleman from Sangamon, Representative Poe, for what reason do you rise?”
“Yeah, Mr. Speaker, will the Sponsor yield?” 09400063.doc 298 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“He indicates he will.”
“Yeah. Representative, …you explained in committee a few minutes ago, could you tell us how much savings that you think that you’ll have in this Bill that will help the state out in having more funding?”
“Yeah. First of all… first of all, there is a… there is a savings into the pension systems future accrued liability to the amount of $5 million. Then, is… if this year like last year 5 hundred people were to take advantage of this… this option we believe there would be over… there would be substantial savings. In addition… there would be additional savings by allowing individuals to… if they already have health insurance not to have this health insurance, and they would get a stipend. Each health insurance for retirees cost approximately $10 thousand a year. So, anybody that take this because they have other insurance, and take the stipend we would get that annual savings also.”
“I guess I’d like to ask if here we are two hours before we have to adjourn, and if this was so good last year and it’s been so good all year, why… why are we bringing this to the table two hours before we’re gonna adjourn? And evidently, it was very important that the Director of the Budget, Filan, was at the meeting. So, I was just wondering why it become so important this… in two hours before we adjourn?”
“I… I can… this has been discussed in all the budgeteers’ meetings. It has been… it was put in the 09400063.doc 299 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 Governor’s budget book. We passed it last year. This is just an extension of that. So, I think that individuals knew about this for a long time, since the budget was introduced. We just need to pass, like everything else, the implementation of it. So, this essentially is a Budget Implementation Act that has to be implemented in order to take the savings that’s contained in the budget.”
“This estimated $20 million, have you got any idea what program that’s gonna go into?”
“I’m sorry, could… could you…”
“The $20 million that you think that you’ll save, that way you got $20 million more available for the budget. Do you have an idea where this is gonna be spent?”
“Well, it’s spent as part of the spending plan for the budget. I mean, we don’t earmark that $20 million for education. It’s just spent as part of the other… the other spending priorities that we outlined in the past earlier.”
“This…”
“And again, I just wanna… I wanted to say this, this is totally voluntary. It’s another option for employees. They don’t have to do it. Nobody’s telling them they have to do it. They can do it. So, if you’re an employee, I think you… you would like this.”
“Okay. Mr. Speaker, to the Bill. Just… just briefly, I guess the concerns I have of representing Springfield and I have a lot of… several constituent calls last year. And I don’t think probably a lot of the employees felt this was voluntary. But that’s maybe just the some of the ones that 09400063.doc 300 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 call my office and that’s the concerns I have about this Bill. And I would be cautious about voting for it at two hours before adjournment. Thank you.”
“The Gentleman from Vermilion, Representative Black, for what reason do you rise?”
“Thank you very much, Mr. Speaker. Will the Sponsor yield?”
“Indicates he will.”
“Representative Hoffman, if I… if I understand this, the employee who would choose to cash out their pension benefits then the state would match the pension benefits in a cash payout, right?”
“What you would do, is the employee would… the employee leaves State Government, gets another job. He’s given the option, doesn’t have to do it, but he can, instead of having the pension can take a cash payment of double his benefits. Which would be the state’s portion paid, as well as his, at 6.5 percent compounded. And what that does, it takes him off future liabilities of the pension systems. So, it’s a net savings to the pension systems last year of $5 million. In addition, we… instead of firing people and laying them off we wouldn’t hire… we wouldn’t fill that position.”
“Yeah. Thank you very much. Mr. Speaker, to the Bill. I had state…”
“To the Bill.”
“I had state employees come to me last year about this plan and say it was not exactly voluntary. They were told 09400063.doc 301 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 it they didn’t take it, they were gonna get fired. And so, it was an easy out. And don’t shake your head at me, Mr. Chief of Staff, I’ll be glad to give you the name of the person who this happened to. Now, let me… let me tell ya… let me tell ya what this Bill does. It’s the same kind of plan that you ran on the pension borrowing scheme. You cash out, we match your payout. And so, last year the payments totaled 23.4 million. And in this creative accounting system that we use now, it saved $28 million in future liability. It cost you $23 million last year. And you didn’t get $28 million in savings. The savings won’t be recognized until it’s amortized over the 5, 6, 8, 10 years that that employee might have had left to reach the 20-year figure. This is another one of those gimmicks where you save money today, so you say, you spend the money, but you don’t recognize all the savings for 4, 5, 8, 10 years out. This is no way to… to throw something out here after 10:00 at night. It’s another first cousin to the borrowing of the $2.4 billion from the pension plan. And I’m gonna tell ya, you say it’s voluntary, but there were people last year that were told, ‘Ya take it or we’ll fire ya.’ That’s a real good deal. And a wonderful way for the party of the people to treat people. I think if you really pay attention to this thing and you really have any understanding of what this is about, you vote ‘no’.”
“The Lady from Cook, Representative Mulligan, for what reason do you rise?” 09400063.doc 302 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Thank you, Mr. Speaker. To the Bill. I tend to agree with what Representative Black said. Looking at the status of this Bill and the… and the history of it, this Amendment was put on the Bill today. Something like this is really too bad. You know, we’re all getting happy, we’re going home for the summer. But believe me, a lot of us aren’t forgetting how bad this pension Bill and the system is for this state. We do not forget our fiduciary responsibility for the long haul. If our state goes bankrupt, employees think that their pensions are Constitutionally guaranteed. Nothing is to say in future Legislatures where they would be obligated to pass taxes on the people to cover a bankrupt pension system, that they would not go back to the people for a Constitutional Amendment that would cut those pension benefits. The public has no particular interest in paying our pension system. So remember, the games we played this week, the games we played today, the pensions that you pass, the goofy bills that you put out there, the enough money that they give you to give the Governor for this year and to run for next year will haunt people to come. And although I like many of my colleagues in this place and I work well with them on Human Services, the fact of the matter is, the upshot of this whole process is we have cheated the people of Illinois for years to come. I would urge a ‘no’ vote, a final ‘no’ vote on this. And I’d like a verification of the ‘yes’ votes on this Bill.” 09400063.doc 303 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Gentleman from Cook, Representative Molaro, for what reason do you rise?”
“Thank you. Just… just a question of the Body. I… you know, I’m not gonna debate whether it’s a good Bill or not, it’s a good Bill and we all know it. But I will say this to the Representatives over on the other side of the aisle, who basically said that there were supervisors that actually told employees, ‘You either take this deal or you’re fired.’ I would suggest you get a hold of those employees and give those names to the Inspector General or give those names to the Governor’s Office or what the heck, I’ll solicit business, give those names to me and I’ll represent them in a lawsuit. So, I wish instead of just coming up and saying there are people who’ve done this. I wish they would seriously come forward. ‘Cause I think that’s a violation of their civil rights, it’s a violation of their employments rights. And I think the supervisors who told them that and threatened that, those supervisors should lose their jobs and they should be fired. So, if you would give those names to myself, Representative Hoffman, or the Inspector General, I think we can get to the bottom of that. I just don’t think it happened. But if it did, we should go after those people. This is a good Bill and I urge an ‘aye’ vote.”
Speaker Turner: “The Gentleman from Madison, Representative Hoffman, to close.”
“Yes, first… I appreciate the debate. Let me just say, that there’s no intention… no intention in order to at 09400063.doc 304 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 all, in any manner, force people to take this. No intention. The second point is, we did this last year. Everybody here voted for it unanimously. I have not heard the abuses that were talked about, maybe they existed. I have not heard of them. And I think that the people who have taken it, have been happy with it. Second… the third thing is, the savings are not… on the pension system are not built into this budget. The savings are when nonfrontline employees take this, for whatever reason, we’re not gonna fill their positions. They’re nonfrontline employees. Instead of laying them off, they can do this. Okay. It’s up to them. It’s their voluntary decision. If they wanna then come back at some point and they want to join State Government again they, like we can, if we take our pension out of here, can buy their time back. It’s voluntary. They can do it. The second important portion of the Bill that I think people aren’t realizing is, it costs us $10 thousand a year to pay medical care for state employees. Ten thous… or state employee retirees. Ten thousand dollars a year. Many times we’re paying this and that retiree spouse may also have insurance. We’re saying that, if we’ll pay you… we won’t have to pay that $10 thousand, you can opt in, you can opt out. It’s totally voluntary. I ask for an ‘aye’ vote.”
Speaker Turner: “The question is, ‘Shall Senate Bill 1442 pass?’ I’d like to remind the Members that a verification has been requested. So, please vote your own switch. Take your seats. The question is, ‘Shall Senate Bill 1442 09400063.doc 305 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 pass?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? You should vote your own switch. And be ready for the verification. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question there are 69 voting ‘aye’, 44 voting ‘no’. And the Lady…”
“Thank you, Mr. Speaker. Representative Black would like me to remove it and I will do that for him ‘cause I put it on for him. So, I will not verify the votes. We’d all like to get going with the next Bill.”
Speaker Turner: “The Lady removes her request for a verification. This Bill… this Bill, having received 69, ‘yes’, 44 ‘noes’, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Agreed Resolutions.”
"On the Order of Agreed Resolutions is House Resolution 544, offered by Representative Granberg.”
“Representative Currie moves for the adoption of the Agreed Resolutions. All those in… Representative Currie moves for the adoption of Agreed Resolution, House Resolution 544. All those in favor say ‘aye’; all those opposed say ‘no’. In the opinion of the Chair, the ‘ayes’ have it. And the Resolution is adopted. On page 4 of the Calendar… on page 4 of the Calendar, we have Senate Bill- Third Readings. We have Senate Bill 1. Read the Bill, Mr. Clerk.” 09400063.doc 306 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
"Senate Bill 1, a Bill for an Act concerning State Government. Third Reading of this Senate Bill.”
Speaker Turner: “The Lady from Cook, Representative Feigenholtz.”
“Thank you, Mr. Speaker for calling this Bill. I’ve been waiting some time for it. It re…”
“You’re welcome.”
“Senate Bill 1 requires the Department of Lottery to offer a special instant scratch off lottery game titled, ‘Ticket For The Cure’. Many of our… us in this chamber and people that we love and we know, their lives have been changed because of breast cancer. This is a… this is a… an initiative that will raise money for research and treatment at the lottery. And I would be glad to answer any questions.”
Speaker Turner: “The Gentleman from Cook, Representative Fritchey, for what reason do you rise?”
“Speaker, to the Bill.”
“To the Bill.”
“Ladies and Gentlemen, it… it may come as a surprise to you. I don’t… I don’t vote for gaming expansion Bills. I’m happy to support this one. My mom is a 20-year breast cancer survivor. This cause is near and dear. We have to take a look sometimes beyond our knee-jerk reactions to what some of these Bills do. Do all of us have causes that we can come here with? Yeah, we do. But I felt compelled to speak on this one. They’ve made tremendous amounts of progress in the treatment and diagnosis of breast cancer. 09400063.doc 307 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 Much more is possible with additional funding. This Bill and the money raised won’t do it by itself, but it’ll go a long way towards helping. So, please think about it. Thank you.”
“The Gentleman from Cook, Representative Parke, for what reason do you rise?”
“Thank you… thank you, Mr. Speaker. The underlying cause is certainly worthy. However, it is an expansion of gambling. Ya know, we all want to find a cure for breast cancer, there’s no doubt about it. But when you expand gaming… when you expand gambling in any form there are people that will lose. This is something that ICAAAP is opposed to. And I respectfully will rise in opposition. In addition, I certainly hope that the Governor doesn’t sweep your $3.7 million, Representative, if in fact this does become law. I rise in opposition to the Lady’s Motion.”
“We’d like to recognize the presence of the Lieutenant Governor Pat Quinn, who’s on the floor tonight with us. Pat Quinn. The Lady from Cook, Representative Howard, for what reason do you rise?”
“To the Bill.”
“To the Bill.”
“My colleagues, I know you’ve often heard the expression that the end does not justify the means. Well, in this instance that is not correct. The end in fact does justify the means. We have to… we must do anything that we can to make certain that breast cancer does not continue to 09400063.doc 308 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 take the lives of women that we know and love. I’m often reminded of our… our late colleague, Penny Severens, who suffered through this and also other members of her family. This is a time that we can take the correct action. That we can identify the funding necessary to make certain that we can minimize this plague. I certainly urge all of my colleagues to please think about what we’re trying to do and not about the way that the money is being raised. Thank you.”
“The Gentleman from Cook, Representative Lang, for what reason do you rise?”
“Thank you. To speak to the Bill, Mr. Speaker. Frankly, I don’t know how anybody in good conscience can vote against this Bill. So vote ‘aye’.”
“The Gentleman from Rock Island, Representative Boland, for what reason do you rise?”
“I rise in strong support of this Bill. It’s extremely important. We know the cause is great. And for those of you who supported the veterans’ scratch ticket that we passed earlier, that is over in the State Senate, this is kind of a companion. They will bring in new people into the lottery system and it will be additional money for great causes. Thank you.”
“The Lady from Cook, Representative Mulligan, for what reason do you rise?”
“Thank you, Mr. Speaker. Will the Sponsor yield?”
“Yes, she will.” 09400063.doc 309 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Representative, does the same percentage as currently goes to education on this particular one go to research?”
“Representative Mulligan, I think that individuals who have never played the lottery, but have a personal…”
“No, no. I’m not asking that, I’m asking if the state percentages and how they break out will go the same way? It is… 57 percent would go to research, 33 percent would go to retailers, 7 percent would go to vendors, and the department would retain 3 percent to cover expenses.”
“Yes.”
“And how would the research grants be allocated?”
“There’s going to be a board established. If you read the Bill, you’ll see that they’re going to make recommend… make recommendations for grants and research.”
“Earlier today we highlighted the fact that the Governor was going to sweep the Mammogram Fund and the money was put back. The Conference of Women Legislators, many of us supported this. But there are a number of us that just generally don’t vote for anything that has to do with gambling and ILCAP (sic-ICAAAP) is against this. I think it compromises some of us. Although, we’d like to see the money go to the research, I would rather see the state put it in there and not do that. I certainly would like to support your Bill, I haven’t made up my mind. I have a problem with generally voting for it but I would like to see the money go to research.” 09400063.doc 310 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Representative Mulligan, you and I have been sitting on the Human Services Appropriations Committee for a very long time together. And what we do is we try and fund some worthy causes. Here we have a creative way of trying to fund something that’s near and dear to all of our hearts. The proponents of this Bill are, of course, the American Cancer Society and Why Me, Breast Cancer. We have a lot of colleagues here on both… in both the House and the Senate who have survived, thank God, breast cancer. I know that they inspire me to do things like this. And to continue to come up with creative ways for funding mechanisms to move the ball up the field on breast cancer treatment and research. I understand your trepidation, but sometimes we just really have to go for the greater good.”
“And it creates a board ticket for the Cure Board?”
“Correct.”
“And what does that board do?”
“They’re responsible for administering… it’s made up of 10 members, four Legislative Leaders and the Governor each appointing two members. They’re not going to be compensated, but will be reimbursed for expenses and will recommend grant awards and assist the Department of Revenue…”
“So, they will administer…
“…in designing the game.”
“…they will administer any money… they will administer the monies that come in and how the grants should be allocated?” 09400063.doc 311 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Correct. They make recommendations.”
“All right. For people who are generally disposed to vote for things like this, it’s probably a very good Bill. I sometimes have a problem with doing gaming things. Thank you.”
“I understand.”
“The Gentleman from Cook, Representative Joyce, for what reason do you rise?”
“Thank you, Mr… thank you, Mr. Speaker. I move the previous question.”
Speaker Turner: “Gentleman moves the previous question. Previous question is put. Leave is granted. The Lady from Cook, Representative Feigenholtz, to close.”
“Thank you, Mr. Speaker. I think that if we all consider what we’re doing here and how wonderful it is, that we are going to be doing… raising money for more research and treatment, we’re all gonna go home feeling pretty good. This is a really important Bill to a lot of our Senate Members, the Senate President has been calling me everyday wondering when this Bill was gonna be called. And today’s the day.”
“The question is, ‘Shall the House pass Senate Bill 1?’ All those in favor should vote ‘aye’; all those opposed vote ‘no’. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 93 voting ‘aye’, 12 voting ‘no’, 9 voting ‘present’. And this Bill, having 09400063.doc 312 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 received the Constitutional Majority, is hereby declared passed. The Gentleman from Vermilion, Representative Black, for what reason do you rise?”
“Mr. Speaker, in all due respect to you and the Members of the Body that are getting tired, I’ve answered questions for 20 years about where does the money from the lottery go. And so has everybody else that’s been in here. It’s a question you get asked every time you go someplace. The lottery money was supposed to fund education. Why doesn’t it? What did you do with it? Where did you put it? Who stole the money? And that should have debated much longer than it was. It passed out of committee two weeks ago, could have been called at anytime. The fundamental question is, ‘Are you changing the concept of the lottery funding that was passed in this chamber in ’85 and ’86’, that says, ‘all profits of the lottery go to the Common School Fund?’ Now, are we changing that? If we are then you have to change all your brochures in the lottery and you have to change all of the speeches you’ve given to the civic clubs over the years. Because now, evidently, not all of the money from the lottery will go to education. A very noble and worthwhile, and God knows, cause that I wish we’d find a cure tomorrow, but we do strange things here. You just abrogated and we did it earlier with the Veterans’ Bill. The law that Representative Pangle passed in 1985, signed into law in 1986 after the Veto Session, clearly said that all profit of the lottery goes to the Common School Fund. Now you’ve created a real conundrum for us 09400063.doc 313 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 when we go out and say, ‘Well, almost all of it does.’ You know we’re better off when it gets this late in the Session to name the state bird, the state fossil, the state shoe, the state toilet paper and leave Bills like this for the Veto Session when we’re a little more fresh and we can really figure out what the impact of these Bills are. Mr. Speaker, I know you’re tired, so am I, but don’t cutoff debate when a Bill before the chamber is changing a fundamental law that was passed 20 years ago. And now we have to figure out, well, maybe all the profit of the lottery goes to education, except in a couple of worthwhile causes. You’re opening up a door that I don’t think you really wanna go through. And you’re just adding to the confusion and the cynicism that people have because they have it in their mind that the lottery was gonna fund education and we diverted the money or we stole the money or we did something. Now we have to start explaining it to people all over again.”
Speaker Turner: “The Gentleman from Cook, Representative Molaro, for what reason do you rise?”
“Thank you. A question of the Chair, Mr. Speaker.”
“State your question.”
“Well, a few minutes ago Representative Poe said that we are debating a Bill two hours before adjournment. Does he know something we don’t know? Are we gonna be in ‘til 12:00 or… why would he make a statement 2 hours before adjournment? Did you…”
“Who made that statement?” 09400063.doc 314 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“…Representative Poe says, it’s two hours ‘til adjournment. That mean we’re really gonna be here ‘til 12? And how does he know that? That’s what I’d like to know.”
“He must have talked to Karnack.”
“Is that is?”
Speaker Turner: “The Lady from Kane, Representative Chapa LaVia, for what reason…”
“I was just…”
“…do you rise?”
“I was just wondering since we’re working so late, are we breaking any child labor laws? Aaron’s not here right now, I don’t know.”
Speaker Turner: “The Gentleman from Macon, Representative Flider, for what reason do you rise?”
“Well… well, Mr. Speaker, with reference to Representative Black’s comments. The question I often get when I talk to my constituents is, ‘I thought all that money from the lottery was going to education, what happened?’ And so, my first question I wondered is if anybody knows what percentage of the education budget lottery funds now represent? But the second thing I wanted to point out is there’s a House Bill 3472 that we, as I understand it, is now being debated in the Senate as we speak. And Representative Black, I wasn’t sure if you’re aware of this Bill, but what it does is it allows for a scratch off for Illinois veterans. And there’s a number of cosponsors of that Bill. And I thought you might be aware of that one, as well.” 09400063.doc 315 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Thank you for that information, Representative Flider. There’s been a re… there’s been a request, Ladies and Gentlemen, that we… while we’re waiting for some Bills to come over from the Senate that… and we know there’s a possibility in all likelihood that this young man will not be returning to the chamber… we don’t wanna count the chickens before they come home to roost. But we’re all gonna be praying for him. You can’t hear me? They can hear me. We’ll turn the volume up just a little. But we didn’t want him to leave… you know, some of you have attended the COWL performances in the past… you can’t hear me? Well, we didn’t want everybody in the building to hear us. We’re trying to keep this in the chamber. But Representative Stephens, you’ll be recognized after this verse. But we didn’t want Representative… or Senator to-be… now, okay, we’ll leave all that alone. But some of you remember the COWL performance and there was a song that was done last year and we think it’s relevant at this time. And so, we’re gonna start and you can join in. And so… Speaker Turner, et al: “…Day Oh, Day Oh, daylight come and we wanna go home. Hey, Mr. Speaker, this is our opinion. It’s May 31st and we wanna go home. Day Oh, Day Oh, it’s May 31st and we wanna go home.”
“And for those baby boomers, some of the baby boomers may remember, it was a famous cowboy, not a coal miner, but a cowboy and he had his better half, some of you remember her name was Dale. And old guy named, Roy, he had 09400063.doc 316 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 a horse named Trigger. And his favorite song was… and we want you to join in…” Speaker Turner, et al: “Happy Trails to you until we meet again. Happy Trails to you until we meet again. Happy Trails to you until we meet again.”
“We know it’s time to go. The Gentleman from Bond, Representative Stephens, for what reason do you rise?”
“I frequently have the opportunity to speak on behalf of our caucus. But on behalf of the entire Body, I think maybe you should both go to the Senate.”
Speaker Turner: “The Gentleman from Cook, Representative Molaro, for what reason do you rise?”
“Whoever controls it, that was eliminated from being able to go on the Internet so our children and families didn’t have a chance to watch that, I would hope that was cut out, correct?”
“That’s correct.”
“All right. Thank you.”
“We’re only auditioning. Gentleman from Rock Island, Representative Verschoore, for what reason do you rise?”
“I suggest that we have our new Member, Michelle Chavez, sing a song. Someone that can carry a tune rather than you guys.”
Speaker Turner: “The Gentleman from Cook, Representative Molaro. Yeah, once is enough. Michelle, what do you 09400063.doc 317 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 think? Que Sera, Sera… you know, what will be, will be. Turn on the Lady from Cook, Representative Chavez.”
“We were… we were… the other day we were at the Pasfield House with all the Ladies and Gentlemen around and they were asking to remember Doris Day, the song of Que Sera, Sera. And would like to… everybody to join me with that song if you would like to. Do you remember that song?”
“I certainly do.”
“Okay.”
“In English or Spanish?”
“Both of them, if you want me.”
“Let’s try English tonight.”
“Well, I start it at English and I finish it…”
“Then you’ll do it in Spanish?”
“…in Spanish.”
“Whatever order you wanna go in. Whatever you’re comfortable with, Representative.” Chavez, et al: “When I was just a little girl, I asked my mother what should I be? Will I be pretty? Will I be rich? Here what mom says to me: Que Sera, Sera, whatever will be, will be. The future’s not ours to see, Que Sera, Sera. (in Spanish – Que Sera, Sera) Thank you.“ Speaker Turner: “The Gentleman from Rock Island, Representative Verschoore, for what reason do you rise?”
“I… as a personal note, I think we ought get some money together and bank roll her for the next American Idol.” 09400063.doc 318 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
Speaker Turner: “The Gentleman from Kane, Representative Schmitz, for what reason do you rise?”
“Do not panic, I’m not gonna sing. Mr. Speaker, I… I was thinkin’ about last year right about now. This Body was called a bunch of drunken sailors and now looking around, I know why we were called a bunch of drunken sailors. So, what song are we gonna sing next, Mr. Speaker?”
“I don’t know. My wife just called me. And unfortunately, we were on the Internet and she said, ‘You better quit.’ The Lady… the Lady from Cook, Representative Davis, for what reason do you rise? That’s her again. I’m not singing anymore. We’re at ease waiting on some work from the House to come over. We expect it shortly, but we’re at ease until… from the Senate. It’s getting late. Ladies and Gentlemen, we’d like to welcome the presence of the Governor of the State of Illinois, Rod Blagojevich. Rod, welcome to the House. Let’s go gang. We can do better than that. Let’s welcome the Governor of State of Illinois. He’s our Governor. Welcome the Governor to this chamber. The Pages are distributing the Veto Session schedule. They are currently being distributed.”
“On the Order of Supplemental Calendar #5, there appears House Bill 4050. Chair recognizes Representative Currie. Mr. Clerk.”
"Rules Committee. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules, to which the following legislative measures and/or Joint Action 09400063.doc 319 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 Motion were referred, action taken on May 31, 2005, reported the same back with the following recommendation/s: 'approved for floor consideration' is House Bill 4050, a Motion to Concur with Senate Amendments 1 and 2. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules, to which the following legislative measures and/or Joint Action Motion were referred, May 31, 2005, reported the same back with the following recommendation/s: is a Motion… 'approved for floor consideration' is a Motion to Concur with Senate Amendment #3 to House Bill 4053.”
“Representative Currie. Currie.”
“Thank you, Speaker and Members of the House. I move to Concur with Senate Amendment… Senate Amendments 1 and 2 to House Bill 4050. This is the Bill to create a database to find out what is going on with predatory lending in many of our urban communities. The Senate Amendment made significant changes to the Bill. Instead of the list of zip codes where the pilot study would happen, under this measure, the Department of Financial and Professional Regulation would chose zip codes within the County of Cook. The Bill makes further changes. For example, there will be an annual report about the effectiveness of the program. And in addition, it clarifies that a broker does not need to give information about competitor rates and clarifies that an individual may decide to carry forward with the mortgage under any circumstances. I would appreciate your support for this measure. The problem of individuals being 09400063.doc 320 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 forced out of their homes and the problem for communities when many individuals are forced out of their homes is real, it is earnest. This measure I think will give us a handle on how we can stop bloodsucking predatory lending across the State of Illinois. Happy to answer your questions and appreciate your support for the concurrence Motion.”
“The Lady moves to concur in Senate Amendments #1 and 2. And the Chair recognizes Mr. Parke.”
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. To the Bill. Nobody wants people to be taken advantage of. Predatory lending in its term, on the face of it, is something that we don’t like and don’t want. But in fact, this Bill is much more than that. This is ‘big brother’ at its worst. This Bill simply says if you’re gonna mortgage… go for a mortgage or a refinance and your loan is deemed to be weak, if it’s deemed to be weak, they can then send you… mandatory… mandatory that you must go to a credit counselor. There’ll be a list of credit counselors. You have to go see ‘em. If you don’t go see ‘em, you can’t get a loan. I mean, what is that all about? You’re gonna tell people where and when they can’t? You’re gonna tell ‘em whether or not they can take a risk? Maybe they might be pushing a little harder to get a mortgage. But you’re gonna take… and because there are some bad people out there doing some bad things, you’re gonna lump ‘em all in there. Ladies and Gentlemen, I do not understand why we must have this structured the way it is. 09400063.doc 321 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 I think you can solve the problem. We’re bright enough to take care of that problem. We’ve done it on the predatory loans. Why can’t we do it on these mortgages? If somebody wants to get a mortgage, then they ought to be able to do it. But to tell them that because they are deemed to be weak, doesn’t mean they are, it’s just whoever’s doing the review on that mortgage says, ‘Well, this is a weak application… or I don’t think they have enough money.’ Then they must go to a credit counselor to get it. I mean, what is that? I mean, that is government interfering with a free market system at its worst. Ladies and Gentlemen, the Illinois Mortgage Bankers Association is opposed, Department of Financial and Professional Regulation, Responsible Mortgage Lender Coalition, and the HSBC are all in opposition to this legislation. I would strongly ask to defeat Amendments 1 and 2, put this back in Veto Session and let’s solve this problem in a way that doesn’t interfere with a free market system.”
“Mr. Black.”
“Thank you very much, Mr. Speaker. By the way, you look good in the Chair. Will the Sponsor yield?”
“Sponsor yields.”
“Representative, did… as I understand it from your opening remarks, now this only affects Cook County?”
“This only affects Cook County.”
“Right. Okay. Now, will the Department of Professional Regulation and Financial Institutions or whatever the new 09400063.doc 322 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 name is, I can’t keep it straight… will they determine by… by… by what? What triggers their involvement?”
“They are going…”
“A certain level of foreclosure?”
“…they are going to chose the geographic area within Cook County wherein the pilot program will happen. And they will use, in making that determination, information about high foreclosure rates on residential home mortgages within the area. So, they will do the pilot in the places where the problem is most severe.”
“Okay. Is… is there a percentage rate of foreclosures that will act as a trigger? Or do they have the means to just go wherever they want to?”
“They will… they will make that determination, but their criteria will be the relative rate of foreclosures in the area they designate.”
“All right. But if they wanted to go into a zip code area that had only a 5 percent foreclosure rate, they could go in there? If they so chose?”
“Except that the… the standard, the criterion that they are supposed to use under the Bill, would not make that a likely outcome.”
“Okay. Thank you very much. Mr. Speaker and Ladies and Gentlemen of the House, to the Bill. What really bothers me about this Bill more than anything is that if I apply for a mortgage or I want to refinance my house and I’m in this area that is chosen by the department, they hold up my mortgage. They send… they send my application in to some… 09400063.doc 323 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 some place shrouded with no windows, I can see it now. In the basement of some building, cobwebs, people hunched over desks, they don’t get anything except a lunch break. They make a determination whether or not I can get a mortgage or refinance my house. Now, what… what qualifications do they have to make that determination? This is the same agency, remember, that we asked to certify lending officials 2 years ago and they haven’t gotten it finished yet. I mean, how long do I have to wait? And I’m not… this is a rhetorical question. I don’t know if the Majority Leader can answer that question. We don’t know how quickly the department can return the papers back to a lender and figure out whether or not I can get my mortgage or whether or not I can refinance my house. Now, I… I think I know what this aimed at. And there… there certainly are people that… that… it’s been that way since Charles Dickens. There’s always somebody out there to make a quick buck. And I’m not sure whether government will ever stop that. And I’m not sure whether it’s our job to protect people from themselves, mandate they go to counseling and let a government bureaucrat decide whether or not they qualify for a mortgage. It just seems somewhat foreign to me. And it’s for that reason and that reason alone, that I intend to vote ‘no’. And Mr. Speaker and Ladies and Gentlemen of the House, let me just to Members on my side of the aisle who have come up and said, ‘We need to do a verification, we need to do a verification.’ To those of you who haven’t been here as long as I have, I want you to look at all the 09400063.doc 324 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 doorways. There’s a staffer with a seating chart. And that staffer asked any Democrat that leaves where they’re going, how to get a hold of them and before this Bill is called, I can assure you, and I have great respect for the Speaker, he doesn’t do things in the spur of the moment. He plans very carefully. Now, if one of you want to get up and request a verification, I’m gonna fight you on it, because it’s a waste of time. Look on that side of the aisle. They’re all there. I’ll guarantee you they’re all there or this Bill wouldn’t be called. You vote however you wanna vote, but I see no reason to drag this out by requesting a verification. One thing I’ve learned from the Speaker, and I’ve learned many things from the Speaker, he plans very carefully. And he wouldn’t call this Bill if he didn’t know his people were here to vote for it. I intend to vote ‘no’. You all vote your districts or your conscience and let’s get on with it.”
“The question is, ‘Shall the House concur in Senate Amendments #1 and 2?’ Those in favor signify by voting ‘yes’; those opposed by voting ‘no’. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 66 people voting ‘yes’, 48 people voting ‘no’. The House does concur in Senate Amendments #1 and 2. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 4053. Representative Currie.” 09400063.doc 325 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Thank you, Speaker. I move the House concur in Senate Amendment 3 to House Bill 4053. This is the measure that would create the Illinois Global Partnership to encourage trade and investment globally for the State of Illinois. The Amendment adopted in the Senate does three things. First, it establishes that the chair of the Illinois Arts Council will be a member of the board of directors. Second, it will clarify that the Department of Commerce and Economic Opportunity will continue to oversee the current foreign trade offices and also will retain control of the Bureau of Tourism. And third, it will require the board of directors to adopt a policy making sure there is minority participation and reporting to the General Assembly on the effectiveness of that policy on an annual basis. I’m happy to answer your questions. This is a Bill that will put Illinois on the global map, will be a help to our farmers and our manufacturing communities. And I urge your ‘yes’ vote.”
“Representative Parke.”
“Thank you, Mr. Speaker. Would the Sponsor yield?”
“Sponsor yields.”
“Representative, I have talked to you before about this legislation, we had certain concerns. In the budget that was passed earlier today, do we have funding for the international trade offices and for the expansion of international tourism?”
“Yes. I believe that money went into the Comptroller’s budget.” 09400063.doc 326 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Does it stay within DCEO? Does it stay in there? Does that budget stay in there?”
“Yes.”
“And it is not the intent… the intent of this legislation is to streamline it to make it more competitive, to put it in more of a business mode? Is that correct?”
“To build upon our success, Representative.”
“And it’s not your intention to… to remove personnel or to lay people off or fire them in our state offices around the globe? Is that correct?”
“Correct.”
“All right. I’ve had the opportunity to be in the Brussels trade office and in the Taiwan… Hong Kong trade office. The people there are dedicated, they are very long employed. Their knowledge in context cannot be replaced for years. I would encourage all those people that are involved in this that listen to my discussion and my concern to make sure that we protect those employees, to make sure that that expertise is not lost. I will support the Lady’s Motion.”
“The question is, ‘Shall the House concur in Senate Amendment #3 to House Bill 4053?’ Those in favor signify by voting ‘yes’; those opposed by voting ‘no’. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 114 people voting ‘yes’, 0 voting ‘no’. The House does concur in Senate Amendment #3 to House Bill 4053. And this 09400063.doc 327 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 Bill, having received a Constitutional Majority, is hereby declared passed. Ladies and Gentlemen, we’re about… prepared to… adjourn. First, Mr. Clerk, read the Adjournment Resolution.”
"Senate Joint Resolution 50, RESOLVED, BY THE SENATE OF THE NINETY-FOURTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that when the two Houses adjourn on Tuesday, May 31, 2005, the Senate stands adjourned until Wednesday, October 19, 2005, in perfunctory session; and when it adjourns on that day, it stands adjourned until Tuesday, October 25, 2005, at 12:00 noon; and the House of Representatives stands adjourned until Wednesday, October 19, 2005, in perfunctory session; and when it adjourns on that day, it stands adjourned until Tuesday, October 25, 2005, at 12:00 noon.”
“You’ve all heard the Resolution. Those in favor signify by saying ‘yes’; those opposed by saying ‘no’. The ‘ayes’ have it. The Resolution is adopted. Just a couple of moments, please. First, let me introduce the chair of the Illinois Arts Council, my wife, Shirley Madigan. Please say hello to my son, Andrew Madigan. Mr. Black.”
“When you’re done, Mr. Speaker.”
“Okay. I would simply like to thank all of you for an outstanding effort, outstanding Session. Certainly, the issues were not easy, they were extremely difficult. Some of us made a very difficult decision, 09400063.doc 328 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 we’re taking some criticism for that, but I’m sure that those of us who did it feel very comfortable about it. And we’re prepared to move forward and discharge our duty and our obligation as Members of the House of Representatives. Thank you to all of you. Thank you to the members of my staff, Tim Mapes, John Lowder, Mike Thompson, Rob Uhe. I hope you all have a great, great summer. And I think we all wanna listen to Mr. Black for one more time, right? Mr. Black.”
“Mr. Speaker, thank you very much. I think it’s been… I know I’ve been here too long when I see Andrew, who’s now a freshman at Northwestern, and when I first came down here he was a baby. Andrew, you’ve certainly grown up and I wish you the very best in… in your studies at Northwestern. Ladies and Gentlemen of the House, never forget what a privilege it is to serve here. Never forget how difficult it can be to serve here, to be fair to the constituents who elected you, and to be fair to the people of the State of Illinois. And ya know, it’s a difficult job. And I’ve had some bad days here. Oh, I’ve really had some bad days here. But every morning when I walk in and I look up at that dome, I realize I’m one of only a hundred and eighteen people entrusted to be here. And I look up at that dome and I say, ‘Boy, what a phenomenal place to work.’ And what phenomenal people to work with on both sides of the aisle. I’ve had my disagreements with the Speaker in the past, but I have tremendous respect for this man’s ability, his character, his intelligence, and he’s probably, and 09400063.doc 329 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 I’ve seen this firsthand in more than one race I’ve walked precincts in, probably the greatest political strategist that this state has ever seen or will ever see. I don’t think any of us in this chamber are irreplaceable, we find that out every 2 years. There’s only one person here I would call irreplaceable and that’s probably the Speaker but there are times I wouldn’t shed a tear if he were replaced. Let me just summarize by thanking our staff and yours as well. I don’t know where we find such people. I really don’t. For what we pay you and the hours that you work and the cooperation of the staff working together. To Scott Reimers, our Director of Research. To Lisa Guinan who tries to keep me in order as best I can… as best she can. Since she’s been working for Leader Cross his voting record has improved tremendously. To all of our staffers, I don’t wanna mention them by name, I don’t have a list in front of me and I certainly don’t want to overlook any of them. To our policy staff, some of the hardest working young people I have ever met and don’t forget for 1 minute when you think how great you are and how indispensable you are to this process, just remember that every time you get in trouble what do you do? Where’s staff? Where’s staff? Where’s the analysis? Where they heck are they? We are blessed to have the quality of staff that we have in this chamber. And I’ve said this a hundred times, I don’t know how we find you, I don’t know how we keep you. I hope we haven’t abused you too much in this Session. I congratulate staff on both sides of the aisle. To our Chief of Staff, 09400063.doc 330 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005 Bill O’Connor, who served as a Legislator in this chamber, what a pleasurable man to work with and work for. To our Deputy Chief of Staff, Matt O’Shea, again a young man who brings new ideas and energy to the process. To the House Republican Leader, Tom Cross. To all of the Members on the Republican side of the aisle we have certainly had our differences on occasion this year. But I… I really think that we try as best we can to work out these differences, doesn’t always work and to do the best we can for the people of Illinois. The fiscal problems that the state face has made our job even more difficult and sometimes more contentious. And when we on our side of the aisle try to deal with some of these fiscal problems, we turn to Kent Gaffney, who’s the Director of our Appropriations Staff. Who I don’t think has been to bed in two days. Is he here or did he fall asleep? Thank all of you on our side of the aisle for what you’ve accomplished. I hope you all have a very good summer. I hope you come back refreshed in the Veto Session. And… and just one paid political announcement. I hope this… this summer in our districts we really listen to people, get out and talk, because we all know one inevitable fact of life, we’re going to have to face the fiscal crisis that this state has and face it head-on and that’s gonna mean some difficult decisions, some difficult votes and some difficult days. Have a very good summer. And never forget the people of Illinois have given you a great privilege to work here. Thank all of you. Have a good summer.” 09400063.doc 331 STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 63rd Legislative Day 5/31/2005
“Chair recognizes Representative Currie.”
“Thank you, Speaker. I have filed a Motion with respect to Senate Bill 1 and I wish to withdraw the Motion.”
Speaker Madigan: “The Motion shall be withdrawn. Representative Currie moves that the House stand adjourned until Tuesday, October 25 at 12 noon. Those in favor say ‘yes’; those opposed say ‘no’. The ‘ayes’ have it. The House does stand adjourned until Tuesday, October 25 and 12 noon. Have a great summer.” 09400063.doc 332