Illinois House Floor Debate — November 28, 2006

"(Inaudible)."

"Present."

"(Inaudible)."

"(Inaudible)."

"Here."

"(Inaudible)."

"(Inaudible)."

"Here."

"Here."

"(Inaudible)."

"Here."

"(Inaudible)."

"Here."

"(Inaudible)."

"(Inaudible)."

"Here."

"Here."

"(Inaudible)."

"(Inaudible)."

"Present."

"Here."

"Here."

"Present."

"Present."

"(Inaudible)."

"Present."

"Here." 09400137.doc 6  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 11/28/2006

"Here."

"Here."

"(Inaudible)."

"(Inaudible)."

"Here."

"Here."

"Here."

"Here."

"Here."

TRANSCRIPTION DEBATE Schock: "(Inaudible)."

"Here."

"Here."

"Here."

"Present."

"(Inaudible)."

"Here."

"Here."

"Here."

"Here."

"Here."

"(Inaudible)."

"Thank you, Mr. Speaker. Let the record reflect that all Republicans are present today."

"Thank you, Mr. Speaker. Let the record reflect that all Republicans are present today."

"Thank you, Mr. Speaker. The Republicans would request a caucus immediately downstairs in this building. We were directed to a room that we need to go to. So, if the 09400137.doc 13  137th Legislative Day STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11/28/2006 Republicans would caucus downstairs we will direct you to the room in which we intend to go to. Thank you very much."

"Yes, Mr. Speaker?"

"I don't have an exact time but would estimate within the half hour, 45 minutes. Somewhere in that neck of the woods is my guess."

"Thank you."

"Thank you very much, Mr. Speaker. I filed a Motion prior to Veto Session, it's been on the Calendar since we've been in, to discharge House Bill 5857 from the Rules Committee. And under House Rule 18(g), I would move for the discharge of House Bill 5857 from the House Rules Committee under 54(b) and assign to Standard Debate status. I think it's disingenuous for any of you to say that there's only one issue before us. I've worked on this Bill, I have filed the Bill, it wouldn't get out of Rules. I now move, Mr. Speaker, that we discharge my House Bill 5857 from the Rules Committee that deals with the subject matter at hand."

"Mr. Speaker."

"I must say that I'm not particularly shocked by the Gentleman's Motion. I was hoping that we could actually discuss some options and alternatives today, but it appears that we'll not be given that fundamental right. I would ask for a Roll Call vote on my Motion to Discharge if the Chair would so allow. I make that request under Rule 49 and I'm joined by more than 5 Members on my side of the aisle that wish a record vote on the Motion to Discharge House Bill 5857 from the House Rules Committee."

"Yes, Sir."

"Mr. Speaker, then under Rule... House Rule 57(a), I would move to appeal the ruling of the Chair and that there be a record vote on my Motion to appeal the ruling of the Chair. I think we should be allowed to hear Bills on the subject matter at hand. I would ask for a record vote on my Motion to appeal the ruling of the Chair."

"No."

"No." 09400137.doc 15  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 11/28/2006

"No."

"No."

"No."

"No."

"No."

"(Inaudible)."

"No." 09400137.doc 16  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 11/28/2006

"No."

"No."

"No."

"No."

"No."

"(Inaudible)."

"No."

"(Inaudible)."

"No."

"No."

"(Inaudible)."

"(Inaudible)."

"(Inaudible)."

"No."

"No."

"No."

"No."

"No."

"No."

TRANSCRIPTION DEBATE Myers: "No."

"No."

"No."

"No."

"No."

"(Inaudible)."

"No."

"No."

"No."

"No."

"No."

"No."

"No."

"No."

"No."

"No."

"No."

"No."

"No."

"(Inaudible)."

"No."

"Fine."

"I will certainly do so. If you wanna run the clock, that's fine. Representative Scully, you talk about the lack of a competitive market. As I understand the Bill, can the utilities recover their full costs of purchasing power after January 2? Can they recover their costs?"

"And as far as I have seen, the auction results ended up with market prices of power offered to them that was substantially above the rate that they now have coming from rate payers. Therefore, the answer is they cannot recover their costs. Your Bill, at the end of 3 years, would extend it indefinitely unless there is a competitive market place. If you were a businessman offering power into Illinois, would you do that if you knew that you would lose money on your entry into Illinois? Would you enter this market you were... if you were guaranteed that you could not recover your costs?"

"Whatever has been offered on the open market, which the Commerce Commission ran the auction, publicly asked everybody in the country to offer power to Illinois. The bids that were offered were above what we can allow them to 09400137.doc 25  137th Legislative Day STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11/28/2006 recover. Do you think any of those companies will bid into Illinois knowing that they cannot recover their costs?"

"Well, you're not an expert in that. I am not an expert in that. The Commerce Commission, the Citizens Utility Board, and the Attorney General all determined that was the best way to purchase power in negotiations over several years. The agreement was that's the best way to purchase power. My point is if you cannot recover your costs we will never see utility regu... come into this state and as a result, this is a permanent freeze. Now, two other states, New York and Texas, both have retail competition. They allow their utilities to recover their costs and depending on the area you're in in New York, between 15 and 40 companies will offer you power. And the same thing, not quite as many competitors, but in the range of 10 to 15 companies in Texas will offer you power as long as they're allowed to recover theirs. This Bill will be a permanent rate freeze. It will be a permanent rate freeze. We'll never have open competition. I'd like to move on to one other area, and that is in the Ameren territory in Central Illinois they provide both electricity and gas. It's a combined utility. The way I understand it, their cash position... they have about 300 million in cash and borrowing power. Their gas purchases are almost $200 million a month. They've been told if this rate freeze passes, 'You will pay us cash before we will deliver gas.' What will you, as the Sponsor of this Bill and the Speaker as a man forcing it 09400137.doc 26  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 11/28/2006 through, what will you say to the senior citizens and the other utility customers of Central Illinois in January when there's blizzards outside and there is not gas in their pipelines to heat their homes? What response will you have when the utilities collapse this winter?"

"The question I posed is the best financial data that we have is that Ameren will not have credit borrowing authority to purchase gas. What can you offer that would refute that other than an opinion?"

"Well, unfortunately we're gonna find out real quick. And there are gonna be thousands upon thousands of Illinois citizens that will not have heat in Central Illinois. I think this entire Bill is put forward under false premises. We will never see retail rate competition in Illinois under this Bill, and I urge a 'no' vote. Thank you."

"Thank you, Mr. Speaker. To the Bill. Thank you. To the Bill. I arise in opposition to this legislation. This legislation is not a rate freeze and it would not involve a rate freeze if in fact it were signed into law. What it would do would be to cause our seniors, our residences, our small- and medium-sized business to put their electric service in the most perilous situation. Through the past 9 years while we have had deregulation move forward, we have 09400137.doc 27  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 11/28/2006 had the opportunity to make any changes that we may have been interested in doing so. As a result of the process and through the past several years, the Commerce Commission established several working groups in order to look into the implementation of the deregulation of the legislation that was passed in 1997. The working groups then recommended the reverse auction, and everyone in this chamber knew that that reverse auction was going to be going ahead, and we knew that as of February or January of this year. No action was taken and everyone supported it. We supported the work that was done; we supported the auction manager, the auction monitor. And when the consumer groups asked that in fact that we put through a prudent review, the Commerce Commission, over the objection of the utilities, worked in a post-auction prudent review. The auction was held, as we are all aware of, in September of this year. They went out, contracts have been signed. There were over 21 bidders and 16 contracts have been signed, entered into, and binding. As a result of the market price that was at the date in September, the rate that now will be paid under these contracts is $63 a megawatt hour, whereas the pending Bill places it at $36. So, we are requiring as a government that a business charge its consumers $36, although we well are aware that the market price and the price that they are going to have to pay is $63. Where else would a government ever require a business not to be even able to recover its cost? This is a pass-through. There is no profit for our utilities here in Illinois. It does not do anything. It is a pass-through of the cost. As a result of that, it is very 09400137.doc 28  137th Legislative Day STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11/28/2006 clear and the records that we had before our House Oversight Electric Committee established time and time again that if this were to pass what would occur to the various utilities in Illinois. And Moody's, which issued a statement on November 10, stated that because the 2007 power purchase agreements have been executed at considerably higher costs, extension of the rate freeze beyond December 31 would substantially impair the credit quality of Commonwealth Edison and the Ameren utilities. As such, passage of a rate freeze would be expected in a multi-notch downgrade of the ratings and it would also occur if the rate freeze legislation is passed solely by the Illinois House. We are aware that that is going to occur. We heard the testimony repeated as to the impact on these utilities that they are going to have to pay a difference of $4 million per day between what the rate..."

"Speaker. Speaker. Can we have some order in the chamber?"

"Thank you."

"This is an outrage. The Lady can't be heard. I don't know about you guys on that side of the aisle, but my mind functions when it's open. Yours appears to be closed. The least you can do is shut up and give her some attention."

"Thank you, Mr. Speaker. Thank you very much. Let me go back. You know, this is an important issue. It is a serious issue. Our House committee worked on this for several years. We heard all of the testimony from all of 09400137.doc 29  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 11/28/2006 the parties that had an interest in this, and they appeared before our committee. And it has been clear and never contradicted in the record that, in fact, Moody's has indicated that because these contracts have been executed at considerably higher costs, extension of this rate increase, which is what is called for in this Bill, will have negative effects upon our utilities, that they will be downgraded, that they will be junk bonds, and that at the passage of this out of one House, out of the House committee itself, that the downgrade will occur because of that. We also heard the testimony of Ameren as to the serious nature that they will be put in upon the passage of this Bill, and that in fact they already had to give notice. And they have indicated that they had only a net income of $165 million in 2005 and that they cannot under any circumstances absorb in any way this electric supply procurement cost of these contracts, which is what this legislation is requiring. This legislation that is up here today is requiring our utilities to pay and to put... to pay the purchase price, which they have had to sign and which every one of us knew that they were going to sign as to binding contracts and that those contracts came out at $63 and this Bill is telling them to sell it at 36. And the difference is in hundreds of millions of dollars, which will push them into a bankruptcy. A number of us have, throughout these past several years, however, looked at and discussed a number of issues in which we totally felt that there was a compromise and that in fact we should've worked towards it. A number of Bills have been filed and I would like to bring to the 09400137.doc 30  137th Legislative Day STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11/28/2006 attention of the chamber House Bill 5868, which I sincerely wish that we could discuss and move it forward. It is a consumer-friendly Bill, a number of us have signed onto it, and let me just briefly go through this because of the nature of this issue. What this Bill does is to provide that for those electric services companies of over $2 million or more residential customers, that they would phase in at 7 percent in '07, 7 percent in '08, and 8 percent in '09, and that utilities that between a hundred thousand and less than 2 million, which is Ameren, would phase in into '07 at 14 percent, in '08 at 14 percent, and '09 at 14 percent, and that there would be no interest charged during that period of time. In addition, the legislation does go on and I do wish that we could've... give this serious attention. It does provide that the electric utilities would also be required for those over 2 million, which would be ComEd, would have to contribute $25 million towards energy efficiency programs, purchase of renewable energy, funding of 4 million for senior citizens, 3 million for those additional under the LIHEAP, and 3 million for low- income customers who don't qualify for LIHEAP. And for Ameren, it would require a commitment of $15 million towards energy efficiency and low-income assistance program. In addition, the legislation does... would provide that electric utilities could not increase at all the electric rates or defer costs or charge interest to customers that were customers prior to July 1, '06 if they have an all electric home service. That also is provided in it. Ladies and Gentlemen of the House, this legislation, as I said, does 09400137.doc 31  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 11/28/2006 not provide for a rate increase. It would provide for a serious problems here in the State of Illinois if it were enacted. It would provide that our utilities, because we are asking them... requiring them to pay costs that we are not letting them recover, that they would be forced into a very serious condition and then ultimately bankruptcy. However, there are alternatives that we could do. There are alternatives that we should discuss and we should get into that area at this time. There is time to look into these areas, and I would urge very much that the chamber would look at what's in House Bill 5868 and other ideas that have been proposed. This legislation is not the answer. It will cause serious problems. I urge a 'no' vote. Thank you, Mr. Speaker."

"Thank you, Mr. Speaker. I rise to ask the Gentleman some questions regarding his Bill."

"Okay. Representative Scully, I know that this is an issue you've worked on for many years and we have talked about it a few times, but I... I have a question. You answered Mr... Representative Winters that you didn't believe that the reverse auction yielded the best price. What do you think the best price is?"

"Okay. Given your example that, based upon a cost to produce, and look at a market driven situation, what... what is... what... I can only assume that market driven processes which were used here in the reverse auction reflect the actual market price of what energy sells for. Given that case... and let's just look at Ameren as an example. If Ameren had roughly $600 million in profits last year, 370 million which came from their Missouri-owned operations and 125 million which came from their Illinois operations, and in fact they have to exe... fulfill the contracts that have been executed this year and they have stated publicly that that would be almost a billion dollars in losses for them to assume, how would they then stay solvent if in fact they are only generating a profit at the old rate of $125 million? How do we protect the... the users of energy and those utilities from insolvency?" 09400137.doc 33  137th Legislative Day STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11/28/2006

"Well, I'm assuming that the bond rating houses, such as Moody's and Standard & Poor (sic-Poor's), have looked at that very closely before they downgraded them financially. Would you not agree that they would have had reviewed that?"

"Well, Representative, in all due respect, I'd like to speak to the Bill. I believe that the utility companies are making a very good case to us on why they need a rate increase. We're looking at being the easiest vote we could ever make, being one to keep the power on, and I think that's what this is about. Because I believe that Ameren isn't making up a story about what their financial position is. I believe that the financial institutions that rate them are not making up a story about what their financial condition is. And I don't think that we can vote to put our investor-owned utilities in a position where they are not solvent. And I believe that what is right to do is to vote this Bill down and consider some type of legislation that we're also discussing that would be some rate phase-in or some other approach than a rate freeze for 3 years. There are three specific lawsuits that have opined in court decisions that have said that an investor-owned utility has the right to recover its costs, and I don't think it means that you have to recover your costs from the ratepayers in Missouri when you're providing services in Illinois. So, I can't support the Bill as it is and I would urge my colleagues not to either. Thank you." 09400137.doc 35  137th Legislative Day STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11/28/2006

"Thank you, Mr. Speaker. To the Bill. Ladies and Gentlemen, I thought that this was gonna be between a rock and a hard place. You had two choices. On one hand, it would be a certain instability in the power marketplace that would lead to be brownouts and problems. Today, article... Michael R. Peevey, who's president of the California Public Utilities Commission says, 'Even a casual follower of the energy woes in California can recall the serious problems that confronted the state in the short period,' after their law, which is almost identical to this concept, went into effect. 'Wild energy prices escalations, unusual generating plant outages, brownouts, rolling blackouts, endless litigation, and finger-pointing.' That's part of what happens on one side of being between a rock and hard place. The other part of what happens between being a rock and a hard place is people in my district, people all over, ComEd, Ameren, out of work. In my district alone I stand to lose hundreds of jobs. That's one side of the equation. I've heard from those people. Over 50 of them have called or sent me letters in the last two weeks. On the other side of the equation is countless ratepayers, seniors, low-income are gonna get hit. But this is the United States of America and whatever happened to ingenuity? I grew up knowing one thing, that if you sat down and thought about it, studied about it long enough and long and hard and looked at all options, all options, that's the key, then you could come up with something that would work for everyone. There is no zero sum game. There is no zero sum game. Speaker, could I 09400137.doc 36  137th Legislative Day STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11/28/2006 get a...? Thank you. There is no zero sum game. Why do we have to be between a rock and a hard place? There is another way. In fact, there are several other ways. Representative Reis has a Bill. Representative Black has a Bill. Representative Holbrook filed a Bill on March 30 of 2006, never considered. I even had my own Bill. Why are we only considering one side of the rock and the hard place equation? Why aren't we looking for the middle that says to consumers, 'Yes, we can help you consumers.' And says to the Ameren employees, 'Yes, you can keep your job at the same time.' I refuse to believe that you can't find that if you look long, hard, and search for it. To that end today, Representative Krause... House Bill 5868 was a long sought after bipartisan compromise. Senate President Jones stood with Leader Cross this afternoon on a compromise Bill that protected consumers, capped rates, and would keep people employed. That's the type of ingenuity we need. We don't need to be stuck between a rock and a hard place because there is another way. And for what, Ladies and Gentlemen? For what? If this Bill passes today what happens? State Journal-Register, November 15, 'President Jones is not in favor of staying the rate freeze.' Chicago Business, November 14, 'President Jones has been a reliable opponent of the rate freeze extension.' November 15, Chicago Sun- Times, 'What pays... Jones still opposes rate freeze.' The bottom line of this is you are essentially guaranteeing that we all get hit with a 42 percent increase at... my people and 20 percent for those of you in the ComEd territory. You're guaranteeing that today. If this Bill goes to the Senate 09400137.doc 37  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 11/28/2006 and dies what does that do? That's exactly what the utility companies want. That's exactly what the utility companies because then they get to have their cake and eat it too. There's a compromise out there. Let's all get about the business of compromise and figure this out so we can protect our consumers. Thank you."

"Thank you, Mr. Speaker. I have an inquiry of the Chair."

"It's my understanding that this Bill has an immediate effective date. How many votes will be required for its passage?"

"Thank you. Mr. Speaker, I would ask you... in deference to those who have a hard time hearing, the acoustics are not what we're used to. We're making a best of a situation in a remarkable building with great history. I would ask you to ask staff to retire from the chamber. There's no reason to have 35-40 staff members on both sides of the aisle. The conversations in the back on your side, the conversations in the back on our side simply will not allow us to hear. The acoustics are such. I would ask that you ask staff to leave the chamber and I would ask that you ask the head Doorkeeper to close the doors so we don't have to put up with the conversation from the army of lobbyists outside. That might lower the volume and maybe we could hear and conduct business in somewhat of an orderly fashion." 09400137.doc 38  137th Legislative Day STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11/28/2006

"I'm not sure they even hear you. They're back there having such a good time, Mr. Speaker."

"Well, then you have some visitors on your side of the aisle because I see people over there who are not Legislators."

"Thank you."

"I would ask that Mr. Crawford be instructed to close the doors. I don't need to hear lobbyists yelling at somebody to come out. Thank you very much, Mr. Speaker. I do appreciate that. Would the Sponsor yield?"

"Okay. I've been lobbied heavily, as many of you have, by the Citizens Utility Board and AARP, of which I am a member. I just had a birthday that I did not find enjoyable because in the mail I got a Medicare card. A gift that keeps on giving that I would rather not have received. It's my understanding, correct me if I'm wrong, the original rate freeze Bill that gave a 20 percent rate discount as well as a 10-year freeze on electric rates, in my opinion... it passed 09400137.doc 39  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 11/28/2006 the House overwhelmingly... in my opinion, this Bill would have never passed had not the Citizens Utility Board and AARP supported this Bill. Would... would... is that a fair statement?"

"You were one of the handful of people who had great vision. I commend you on that. I would say, in my opinion, that this Bill would have never passed without the active participation and support of the Citizens Utility Board and the American Association of Retired Persons. Now, perhaps they've had a revelation in the last 10 years, but they now have changed their position. When a brief extension was passed, forgive me if I get the year wrong, 2002 as I recall, Commonwealth Edison set up a fund for energy conservation, but I recall that they also gave an amount of money to the Citizens Utility Board. Am I correct?"

"I got the year wrong. Let me apologize. It was 1999 when we further extended. In reviewing the transcripts of that debate on your side of the aisle handled by a good friend of mine and an outstanding Legislator, Representative Phil Novak, and on our side of the aisle former Representative Vince Persico. I found it fascinating reading last night. And then in 1999, I also found last night, and again, if I'm wrong somebody correct me, the Citizens Utility Board was given $7 million by Commonwealth 09400137.doc 40  137th Legislative Day STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11/28/2006 Edison, and I quote, that was $1 million a year for 7, perhaps 8 years, '...to educate the public on the impact of electricity rate deregulation.' Now, unless the transcripts are wrong, and I don't... if I misrepresented this, I apologize and it's not my intent. But that's what I read in the transcript, that it was 7 million, perhaps 8 million. I have a little difficulty understanding that. Can any of you in the Commonwealth Edison service area tell me, did CUB ever produce a brochure or a speakers bureau that you're aware of that went out into the community to educate us about the impact of utility rate deregulation?"

"Yes. I mean, did... I..."

"I didn't see anybody in my district."

"I didn't know if anybody was up in your district doing that or not. Has... I will ask... I won't bother you with this question, it would not be fair. I intend to ask for an audit statement of the millions of dollars that CUB was given and to how that was spent, because if they produced a brochure or a speakers bureau to try to educate the public about utility rate deregulation I didn't see it and I was never invited to a meeting that did so. So, I... and I'm not casting aspersions on AARP. As I say, I am a card carrying member. But the fact is they were given money, I never saw any attempt to educate the public on energy deregulation, and now... and I think it's disingenuous. That's the most charitable term I can give. For these two organizations to 09400137.doc 41  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 11/28/2006 decry this Bill, to say it was the worst thing ever done when I will submit on my deathbed it would never had passed without their active participation and support of that Bill. They were at the table then, they have been at the table every year since. They never raised their voice until the last seven months. Mr. Speaker, to the Bill. I think Representative Rose has tried to articulate what some of us feel. Let me back up, with apologies. Representative, who will Sponsor this Bill in the Senate? Do you have a Senate Sponsor?"

"Do you anticipate getting a Senate Sponsor?"

"Thank you. To the Bill. What we have here today is an opportunity where some of you are setting all of us up to an either/or situation. You either vote for the rate freeze or Commonwealth Edison will get everything they asked for and Ameren companies will get everything they asked for. Ladies and Gentlemen, that's untenable. I will not and do not and will never support a 55 percent rate increase from Ameren IP. That's untenable. I also have been in this process long enough to know that a rate freeze will not happen, and many of you know that as well. So, you will get a very good political vote today. My fear is on January 1 the two Bodies will not be able... be in agreement and we will see untenable and unnecessary rate increases. Many of us have promoted and brought forth compromises, rate caps, what is reasonable to the consumer, what is reasonable to the utilities. For whatever the reason, we haven't been able to 09400137.doc 42  137th Legislative Day STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11/28/2006 get those out of Rules and to be heard in committee. Furthermore, in the last week of Veto Session here we are. Representative Gordon, if my memory serves, had a Bill 5766 that I believe she filed in February that would've allowed for a rate freeze. Never discussed the Bill, I don't believe it ever went to committee. Gee, that's a lifetime ago, Representative Black. Let's wait until the last possible moment. Representative Scully, I have great respect for you. I know you're an outstanding Legislator. I have worked with you on many issues. And I'm not saying this that you are doing this. I am saying as a Body we are taking ourselves today down a road that California traveled. Why don't we learn from other's mistakes? This very issue caused the recall of then-sitting Governor Gray Davis. If my memory serves me correctly, the only Governor to be removed from office by the voters of California. An intriguing possibility, but then I read the Illinois Constitution and we don't have recall. There are indisputable facts that happened in California. The largest utility went bankrupt. A referee in bankruptcy took over, allowed them to immediately sell 10 thousand pristine acres in the Sierra Madre Forest, imposed rate increases. Why would any of us give up our responsibility to a referee in bankruptcy? There were blackouts. There were rolling brownouts. I have relatives who lived in California. Businesses would be called at 8:00 in the morning and said by noon today we will not have power. We cannot buy it on the spot market, we ran out of money. The State of California invested billions of dollars in making up that 09400137.doc 43  137th Legislative Day STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11/28/2006 difference between the market spot rate and what the companies were allowed to charge. Now, I'm not saying that we'll be in that bad of a shape, but let's not go down the road that California has already traveled. That was a disaster that they have still to this day not fully recovered from. Let me also ask all of you, who appoints the members of Illinois Commerce Commission? The Governor. He appointed four of the five sitting commissioners. He handpicked the chairman. An outstanding man, I believe was the mayor of Rockford at one time, if memory serves me correctly. And I have the quote. And the Governor told his handpicked appointees to the Illinois Commerce Commission, and I quote, 'If you vote for a reverse power auction I will fire you.' They did and he didn't. So now legislatively we are dealing with almost what is at this late hour a no-win situation for anybody, us, the consumers, the utilities, the future of reliable power and natural gas in this state, when in fact the Illinois Commerce Commission should be doing this. He appointed the members. Where is the leadership from the second floor? You know, there's a time that when you run for political office it sometimes is fun to campaign. After watching the television commercials of some months ago I wouldn't find it fun to campaign in this last election. But you know when the election's over you have to govern. You have to make the votes and you have to go home and explain that to your constituency. I find the silence from the Chief Executive Officer of the State of Illinois on this issue somewhat disturbing. And so, we are about to usurp the powers of the Illinois Commerce Commission. There 09400137.doc 44  137th Legislative Day STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11/28/2006 is no easy answer. This is a dilemma. I define a 'dilemma' at which either vote today is not satisfactory to me. But I also stand before you, having the ability to read, I do not want to follow California down the bumpy path of unreliable power, bankruptcy, recall of executives. Again, an intriguing possibility, we don't have that in Illinois. This is a difficult issue. If all you want is a political vote, you are about to get that. If we are about the process of doing what people sent us here to do, I would submit we have Bills ready to go, and I'm sure on your side of the aisle as well, that will cap these rate increases, will allow for an orderly transition to a deregulated market, and at any time any of us can file a Bill to say, wait a minute, whoa, whoa, whoa, whoa, this isn't working. And we can move to go back to a reregulated market if that's what the majority of the House and the Senate want to do. But we started this process 10 years ago and here in less... barely a month before that process that we all knew would happen... happens, now we want to change the rules. It's disingenuous of CUB and AARP to say Commonwealth Edison can buy power at $36 a megawatt, Exelon will subsidize them. Ameren can do that. Ameren... the Dynegy companies will subsidize them. From what I read in the Federal Energy Regulatory Commission, that will not be allowed by the Federal Government. The generating companies can no longer subsidize the transmission companies. All Ameren IP is in my district today is a company that has poles and wires. That's all they have. They don't generate any power. And who... who said that? Who said to us 10 years ago they must 09400137.doc 45  137th Legislative Day STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11/28/2006 divest themselves of their generating plants? CUB and AARP were strong proponents of that divestiture. So here we go 10 years later with some of the strongest supporters of this Bill now saying that they're opposed to the Bill, and they have been at the table ever since this whole process started. I don't think we can turn back the clock in the next four weeks. Now, Ladies and Gentlemen, you're all very intelligent people. If you go to the store and say I want a bottle of soda and a Twinkie and you've always paid 25 cents for that, and the owner of the store says, 'I'm sorry, costs have gone up. The Twinkie and the bottle of soda is now 50 cents.' I'm not gonna pay 50 cents. Simple business. Then you're not gonna buy the soda and you're not gonna buy the Twinkie. Not for 25 cents. That's where we are. And it's disingenuous to say, 'Well, they can continue to sell it for what they sold it for before.' No, they can't. They don't own the generating companies anymore. And the generating companies, and I think there were over 20 on the reverse auction, said, 'Here's what we'll sell it for.' Now we're at the last minute telling the transmission companies, all they have is poles and wires, 'You will have to sell it to us for what you did in the last 10 years.' And they are saying to us, and I don't think that they're being the least bit disingenuous, 'How can I sell it to you for that when I can't buy it for that?' If we wanna continue the mistakes made by California, fine. You'll have that opportunity to do so. I think there's a time for us to reach across the aisle, to rea... to work with the Speaker, to work with the President of the Senate, to work with the Governor, and say 09400137.doc 46  137th Legislative Day STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11/28/2006 what is a fair and equitable compromise to be fair to the consumers, to be fair to the utility companies so that they don't declare bankruptcy and then have a referee in bankruptcy tell us what we're gonna pay and how that'll be worked out, or we can sit here and just simply take political votes so that you can have great brochures and great television ads 2 years from now. I will just caution you this. I saw television ads this year aimed at people who had never served one day in the General Assembly. They'd never been elected to any office. And I saw television commercials that said 'John Doe' voted for a Bill to send workers to Mexico. He didn't vote... he never voted to do that. He'd never served in the elective office, but the campaign commercials were well done and they resonated with people. So, you know what? I used to worry about political votes. I used to worry about going to the coffee house on a Saturday morning and explaining what I do. I've... I've gone beyond that point. You can make a commercial against me, and boy, in the archives you have plenty of material to work with. But it doesn't make any difference anymore. We can portray the best Legislator in the world as the worst Legislator in the world in a 30 second commercial. So, at some point I think we have to stand up and do what we know is right and what I think is right by the end of the day is to agree that we will come together and try to reach a compromise that is fair to all parties concerned and not go down the path California went down. I don't want to do that. I don't think it's in the best interest of our state, of our people, of our business community. I have to have a 09400137.doc 47  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 11/28/2006 reliable natural gas source. I have to have a reliable power source. I can't live without either one of them. And what we are about to embark on may endanger that reliability. In all due respect to the Sponsor, he's a well-meaning, well-intentioned, principled man, I just simply rise to say, Representative, I disagree with you on this Bill. I think it is the wrong avenue to take at the very last hour and I will not vote to freeze rates because it is a conundrum that I am fairly certain will never be enacted into law. I don't think it will be called in the Senate. I would daresay I would stake my reputation that it will not be called in the Senate. And I am not willing to go home under those conditions and then give the utility companies everything that they've asked for, which I don't think is fair, righteous, or correct. We have to take some action to rein in those rate increases, rein in the utility companies, and be fair to all parties. And I don't think this Bill is fair to all parties and I think we're about to embark on a terrible mistake. We embarked on this 10 years ago, you can't get off that horse now. It's too late. Thank you very much."

"Will the Sponsor yield?"

"Representative Scully, obviously we're here because of re... your rejection and displeasure with the ICC's recommendation and vote for the reverse auction. Is that an accurate statement?"

"Okay. Could you explain to me what is the role of the ICC with respect to ratemaking? Is it advisory or is it binding? Is it statutorily laid out or through rule of whether or not their decisions are, as I said earlier, statutory... are they binding or are they advisory?"

"Under what circumstances... 'cause I look at this legislation as really us turning that decision into an advisory opinion with... has no binding affect upon people in the State of Illinois. What would be a circumstance in which we can do an end-around? We discussed this a little bit in that committee hearing, an end-around on the ICC. What would be the circumstances in which the Legislature can take that action? 'Cause we're setting quite a precedent here, as you know."

"Do we, as the hundred and eighteen Members here in this... in this room, have the expertise and knowledge to make these types of decisions of what are the appropriate rates 09400137.doc 49  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 11/28/2006 for consumers throughout the State of Illinois for electricity?"

"Do you believe that we have a greater command of these ratemaking decisions than the professionals and the staff within the ICC?"

"Do you think that the hundred and eighteen Members here in the Legislature have a greater command of the ratemaking decisions than the people who have... who work and have worked in the ICC for decades?"

"Under what circumstances should we defer to the ICC and allow their decisions to stand?"

"Why don't we just strip the binding authority away from the ICC if this is going to be the precedent which we're 09400137.doc 50  137th Legislative Day STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11/28/2006 setting today? Would you agree that that would be the next step?"

"Well, I... I don't even know why we have the ICC around if we're gonna say that, ya know, we're gonna pick and choose what type of decisions that we're going to stand by... that we're gonna stand by when they make these tough decisions. I mean... anyway, let me move on to my next question. Now, in that committee hearing that was done approximately two months ago both the executives from ComEd and Ameren indicated that if this legislation does pass the House, pass the Senate, signed by the Governor, that they will file for bankruptcy. Do you believe they were bluffing? Do you believe that the executives from ComEd and Ameren, when they made the statements said that if this legislation is signed into law that they would file for bankruptcy? Do you believe that they were bluffing?"

"Do you think there is a possi... I would disagree, even though... and I would disagree with my colleague Bill Black that we should at least have thought out what would be the situation within... throughout the State of Illinois for our consumers if either one of these utilities does file for bankruptcy. Well, they said... they were not under oath, but they did clearly state on the record that that would be the course of action they would take. Correct? Correct?" 09400137.doc 51  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 11/28/2006

"I do recall that both the executives... so... they file for bankruptcy. I mean, I think that this is worthy of discussion. If they do file for bankruptcy, either one of these entities, it obviously would go to a bankruptcy judge who would be... who would ultimately... who would be the bankruptcy judge or a trustee be the one charged with administering the decisions for that utility?"

"Who would have the ultimate authority to make a decision if either one of these entities filed Chapter 11 or Chapter 7?"

"Why wouldn't we assume otherwise?"

"Okay. Chapter 11 is the reorganization, correct? It is not the dissolution. Okay."

"Okay. And during the Chapter 11 the reorganization is basically a time in which the corporation can get their financial act together, come back to the court with a plan of how they're going to exist, correct? And in... in a very, you know, I would say lately..."

"Okay. Now, assuming that this legislation does pass and is signed by the Governor and one of the ComEd or Ameren files for bankruptcy, will the rate freeze continue during dependency of these proceedings?"

"Do you believe... well, let's... if the purpose of Chapter 11 is to reorganize, get their financial house in order is going to take place, but they are gonna continue under the extension of the rate freeze, how are they going to be able to reorganize if they're still living under those... under this legislation?"

"That's not my question, Representative."

"Well, as I mentioned earlier, I sat in that committee, both executives in Ameren and ComEd stated that they will ultimately have to file for bankruptcy. And I don't believe... I take that statement very seriously and I wish other people in this chamber would take that statement seriously as well. But I think it's something that we need to discuss. We need to let the people of the State of Illinois... our constituents know that if this situation does take place, what is the plan? And that's what I'm trying to get at, Representative. So, I... I quite frankly don't know how they would be able to reorganize if the legislation is going to stay in place. That would leave them in Chapter 7, right? Dissolution, correct? If they cannot reorganize. I 09400137.doc 53  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 11/28/2006 do not... do not know how they would be able to reorganize if they are to exist under the rate freeze which has passed out of these chambers and signed by the Governor. Could you explain to me how they would... how would the administration of power and electricity in the state... how would it be administrated at that point?"

"Well, I... all right. I... I could sit here for another hour asking a number of these questions, but I think that's something that we should take very seriously. And I don't think that the ComEd and Ameren are calling our bluff on this issue. And I think that there has to be some serious consideration about who will administer power throughout the State of Illinois if either one of these entities do file for bankruptcy. So, thank you for your... for your time."

"Pass."

"(Inaudible)."

"Pass."

"Pass."

"Pass."

"Pass."

"Pass."

"Pass."

"(Inaudible)." 09400137.doc 55  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 11/28/2006

"Pass."

"(Inaudible)."

"(Inaudible)."

"(Inaudible)."

"Pass."

"Pass."

"Pass."

"(Inaudible)."

"(Inaudible)."

"(Inaudible)."

"Pass."

"Pass."

"(Inaudible)."

"Pass."

"(Inaudible)." 09400137.doc 58  137th Legislative Day STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES

"Pass."

"Pass."

"Pass."

"Pass."

"Pass."

"Pass."

"(Inaudible)."

"Pass."

"Pass."

"Pass."

"(Inaudible)."

"(Inaudible)."

"Pass."

"Pass."

"Pass."

"(Inaudible)."

"Pass."

"Pass."

"Pass."

"Pass."

"Pass."

"(Inaudible)."

"Pass."

"(Inaudible)."

"Pass."

"Pass."

"Yes."

"No."

"No."

"No."

"No." 09400137.doc 62  137th Legislative Day STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES

"(Inaudible)."

"Yes."

"No."

"(Inaudible)."

"Yes."

"No."

"(Inaudible)."

"(Inaudible)."

"No."

"(Inaudible)."

"No."

"Present."

"(Inaudible)."

"(Inaudible)."

"No."

"(Inaudible)."

"(Inaudible)."

"No."

"No."

"Present."

"(Inaudible)."

"No."

"Aye."

"No."

"Aye."

"No."

"No."

"(Inaudible)."

"(Inaudible)."

"(Inaudible)."

"(Inaudible)."

"(Inaudible)."

"Aye."

"(Inaudible)."

"(Inaudible)."

"(Inaudible)." 09400137.doc 65  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 11/28/2006

"Aye."

"Aye."

"(Inaudible)."

"(Inaudible)."

"(Inaudible)."

"No."

"(Inaudible)."

"Yes."

"No."

"No."

"Yes, I am."

"Thank you, Mr. Speaker. They've been very interesting and I've learned a lot these last few days. I have learned a lot and I appreciate all your patience. I would like to change my vote to a... to a 'yes'." 09400137.doc 66  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 11/28/2006

"Thank you."

"Present. Change my vote to 'present'."

"Thank you very much... Thank you, Mr. Speaker. Thank you, Mr. Speaker. Thank you again, Mr. Speaker. Will the Sponsor yield?"

"Representative, in your opening remarks you said Floor Amendment... the Floor Amendment becomes the Bill?"

"Our staff would ask you to look at that. We think the Committee Amendment becomes the Bill and the Floor Amendment adds to the Bill. Doesn't... wasn't the Floor Amendment dealing only with a... some kind of preschool situation in the Macon County area?"

"So this would make sure that we're all... we're both on the same page. Committee Amendment #1 becomes the Bill, correct? It appears that everything has been rolled into Committee Amendment #1 and not a Floor Amendment."

"And there are six... six provisions of the Bill... six parts. Six Amendments, or whatever we want to say. Six parts."

"Okay. Well, parts are parts. As I read this, particularly as it pertains to the Macon County situation..."

"Yes?"

"Thank you, Mr. Speaker." Speaker Lyons, J.: "Representative Black."

"Thank you, Mr. Speaker. On the Macon County portion of the Bill, it would appear to me that those are certified teachers who for some reason were adjudicated by TRS as no longer being qualified to be in TRS. Now this Amendment, as I... if I understand this correctly, would put them back in TRS, and I think it's not correct to say there would be no cost to the state. At some point when they retire, if they retire under ITRS, there will certainly be a cost to the Illinois Teachers Retirement System pension when they retire. Would that not seem reasonable?"

"Has... has ITRS indicated to you that this legislation will satisfy whatever objection they had? I mean, they must've had a reason for saying that these people suddenly were not covered."

"All right. So the future cost of these people would be... would be in at about 20 you say? About 20 people?"

"All right. There's another provision in the Amendment that... if I can find it... if you could bear with me for just a second. Okay, if... if I'm the executive... if I get hired by a statewide labor organization and when I left I was a person employed by the Secretary of State and I was a member of the Teamsters, or whatever union represents them, I go to work for the Teamsters for 8, 9, 10 years, I wanna come back and resume my employment with the state. This says that I can buy in those 10 years while I was working for a statewide labor organization. I can buy in the 10 years from SERS." 09400137.doc 72  137th Legislative Day STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11/28/2006

"Okay. All right."

"That would beg the question, and I don't know the answer and I'm not trying to trick you. I've always assumed that if you joined a statewide labor organization, the Teamsters, AFL-CIO, whatever, that their pension plan would be comparable or as good as or even better than SERS. Evidently that isn't true. I mean, if they wanna come back they must assume that SERS is giving them better benefits than a union pension."

"Yeah, I... it's food for thought. In the case of the Macon County situation, did your staff prepare any out year costs? What... what will the out year liability costs be to TRS?"

"All right."

"Representative, thank you very much. As always, I appreciate your answers. Mr. Speaker, to the Bill. Ladies and Gentlemen of the House, I defer to Representative Hannig's judgment. Staff on both sides have indicated the long-term liability to any state pension system would be minimal. But I would also caution all of us. We cannot continue to add people to our state public funded pension programs if we're not also willing to address the shortfall in pension funding. That is a monster that grows bigger every month. It will not go away. And while the impact seems to be minimal in this Bill, any impact, unless we get serious about funding the unfunded liability of our pension system, will eventually consume every new dollar of revenue that this state has. And I would submit to you, that's not 10 years away, that may not even be 5 years away. So I would hope that in the next budget year we will do the very best we can to face what is a growing crisis in this state, and that is that two items of our budget will soon consume... will very soon consume up to 65 percent of all new revenue in this state, that's the pension unfunded liability and Medicaid growth. And at some point we'll have to face that or way be this state in less than 10 years. Thank you, Mr. Speaker." Speaker Lyons, J.: "The Chair recognizes Representative Dave Winter."

"Thank you, Mr. Lyon. get this straight. Representative Hannig, let me One of the provisions deals with 09400137.doc 74  137th Legislative Day STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11/28/2006 statewide executives of labor unions. Is this limited to any specific union?"

"So any statewide union..."

"...who has executive officers..."

"I under... I understand that."

"I understand that."

"Has... has this been done in any other case to your knowledge?"

"Well, you could argue though that a TRS member is a public employee. I'm questioning, is this... is this limited to labor unions, AFSCME specifically, or... or workers... unions that work for government or is it any labor union?"

"Is it restricted to unions that are public employees or is it any statewide union? Could the... could the United Mineworkers or the Teamsters or the Auto... ya know, the 09400137.doc 75  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 11/28/2006 Autoworkers? Or is ha... is it restricted to AFSCME... the teachers retirement?"

"I understand the..."

"That's a red herring. I'm not interested in the window."

"I know that they have to do it within six months."

"They have to be former employees of the state in SERS."

"I... yes. But what..."

"...what we're doing as a public policy is we are now guaranteeing by the Constitution of the State of Illinois that their pension will be paid. We cannot get out of pension payments to state employees, anybody in the state system. Now, if they happen to be in the union who embezzles in money, they invested poorly, there's no money when they retire, they'll be covered because they went into SERS. They wouldn't be if they were from a private union's pension plan. Now, let me ask another question. Why is it limited to executives of the unions? If you're the party of the working man why don't you allow any employee who's a union member of any union in the state to join into the 09400137.doc 76  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11/28/2006 137th Legislative Day state retirement system? Why do you limit it only to executives? I thought you guys were the champions of the working man. Instead what you're doing is going after the high-paid union executives who wanna tag on to the state pension systems and guarantee that they'll have a pension, totally against the working man and the working women of Illinois. And you Democrats who are the Sponsors of this ought to be ashamed of yourself. I urge a 'no' vote."

"It says a 'member'?"

"Well, our analysis says it has to be an executive. So if... if I misunderstood and instead of being restricted to very few people it's totally wide ranging, it's an even worse Bill, as Representative Black referred to. Our pension system is not fully funded, we raided it last year. We will not be able to, in our foreseeable future, pay the pension payments required without massive infusions of state dollars, and now we're gonna open it up to every member of the union who happened to at some point work for the state. Again, I think the Bill is far-reaching, overreaching, and the wrong public policy for this state." Speaker Lyons, J.: "Is there anybody else seeking recognition on Senate Bill 36? Seeing none, the question is, 'Should Senate Bill 36 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The Clerk will call the record. Voting is open."

"Aye."

"Pass."

"Aye."

"Aye."

"Aye."

"(Inaudible)."

"Aye."

"Aye."

"No."

"No."

"Aye." 11/28/2006

"Aye."

"Aye."

"Aye."

"Aye."

"(Inaudible)."

"Aye."

"(Inaudible)."

"No."

"(Inaudible)."

"Yes."

"Aye."

"(Inaudible)."

"Aye."

"Aye."

"(Inaudible)."

"Aye."

"Aye."

"(Inaudible)."

"(Inaudible)."

"(Inaudible)."

"(Inaudible)."

"Aye."

"Aye."

"(Inaudible)."

"Aye."

"Aye."

"Aye."

"Aye."

"No."

"Aye." 09400137.doc 84  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 11/28/2006

"Aye."

"(Inaudible)."

"Aye."

"Aye."

"Aye."

"(Inaudible)."

"Aye."

"Yes." 09400137.doc 85  137th Legislative Day STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11/28/2006

"Aye."

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

"I want to commend the Sponsor for bringing to the floor a Bill that does not include any additional mandates for 09400137.doc 91  137th Legislative Day STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11/28/2006 schools. I highly recommend an 'aye' vote. Thank you very much." Speaker Lyons, J.: "Thank you, Representative. Anybody else on Senate Bill 1856? Seeing none, the question is, 'Should Senate Bill 1856 pass?' All those in fa... all those in favor should signify by saying 'yes'; those opposed should vote 'no'. The voting is open. Mr. Clerk."

"Aye."

"Aye."

"Aye."

"No."

"Aye."

"Yes."

"(Inaudible)."

"Aye."

"Pass."

"(Inaudible)."

"Yes."

"Aye."

"Aye."

"Aye."

"Aye." 11/28/2006 Will Davis."

"Aye."

"Aye."

"Aye."

"Aye."

"Aye."

"Aye."

"(Inaudible)."

"Aye."

"Aye."

"(Inaudible)."

"Aye."

"(Inaudible)."

"(Inaudible)."

"(Inaudible)."

"Aye."

"(Inaudible)."

"(Inaudible)."

"Aye."

"(Inaudible)." 09400137.doc 97  137th Legislative Day STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES

"Aye."

"No."

"(Inaudible)."

"Aye."

"Aye."

"Aye."

"No."

"No."

"No."

"Yes."

"(Inaudible)."

"(Inaudible)."

"(Inaudible)."

"Yes."

"(Inaudible)."

"Aye."

"Mr. Speaker, I rise for two announcements. Number one, for the information of this chamber, we are creating an Education Caucus that will hold its first steering committee meeting tomorrow morning at 7:30 in Room 118 of the Capitol. This entire Body is welcome to join us, along with other organizations that are interested in addressing the issue of education reform and funding. The second announcement, for 09400137.doc 101  STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 137th Legislative Day 11/28/2006 those that are interested in veterans' affairs, one of my constituents had always dreamed of bringing the remembrance table for the POW MIAs to the State Capitol. He passed away this spring, but his spouse will be here tomorrow morning at 10:45 to hold that remembrance ceremony with veterans from across the state. We would invite all Members of the General Assembly to be present to witness this impressive ceremony. Thank you." Speaker Lyons, J.: "Thank you, Representative Pritchard. The Chair recognizes the Gentleman from Vermilion, Representative Bill Black."

"Thank you very much, Mr. Speaker. A point of personal privilege." Speaker Lyons, J.: "Point of personal privilege."

"Thank you." Speaker Lyons, J.: "Representative Black."

"I would thank the Speaker and the Chair and all of our colleagues for what I thought was a quiet and reasoned debate on what was a very emotional and controversial Bill perhaps, but the electric dereg Bill is how we used to debate Bills. I appreciate the attention of all of our colleagues and certainly appreciate the Speaker's willingness to clear the chamber and lower the volume. As a result, I think we had a very reasoned debate. And I appreciate the indulgence of the Chair on that issue." Speaker Lyons, J.: "Thank you, Representative Black. Representative Black, another point?"

"Yes. Mr. Speaker, for those of you who are die-hard Illini fans, as I am, it's 33 to 28 at halftime. Who's 09400137.doc 102  137th Legislative Day STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11/28/2006 winning? Maryland is ahead 33 to 28 at half. I think if we can adjourn and get to a television set we may be able to bring 'em back in the second half." Speaker Lyons, J.: "We all vote 'aye' on that Motion, Representative Black. Mr. Clerk for announcements. Ladies and Gentlemen, I think there was a purple sheet..."

"Mr. Speaker." Speaker Lyons, J.: "Hold on."

"Mr. Speaker, we again ask the indulgence of the Chair for 60 seconds. We need to file a written Motion before we adjourn and we didn't... we don't have the sheet, the papers, with us. We'll print one off. Representative Krause needs to file a written Motion so the Clerk has it before we adjourn. If you will accommodate her we would be very grateful." 09400137.doc 103  137th Legislative Day STATE OF ILLINOIS 94th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 11/28/2006 Speaker Lyons, J.: "Well, we... Representative Black, she can file the Motion in perfunctory."

"All... She is preparing to file it as we speak, I think." Speaker Lyons, J.: "She can file it in perfunctory, Representative Black."

"There will be Perfunctory Session when you adjourn... when we adjourn this evening? All right. It's already filed. Thank you." Speaker Lyons, J.: "Thank you, Representative. Again, seeing no further business to come before the House, the House stands adjourned." 09400137.doc 104