Illinois House Floor Debate — May 15, 2008

"Thank you, Mr. Speaker. Let the record reflect that Representative Watson is excused on the Republican side of the aisle." Speaker Lyons, J.: "Thank you, Leader. Mr. Clerk, take the record. There are 110 Members present, we have a quorum. Mr. Clerk, Committee Reports."

"Unfortunately, those of us over here could not hear a word of that, maybe she would just like go through and talk into the microphone so we could hear what the Bill does." Speaker Lyons, J.: "All right, Representative Mulligan. There's been a request if we could lower the tone on the floor just ever so slightly. Representative Ryg, if you could repeat the Amendment… Amendment #5, so Representative Mulligan can hear you."

"We on Second Reading now, Mr… Speaker?" Speaker Lyons, J.: "It's on Second Reading, Bob."

"We'd like to adopt…" Speaker Lyons, J.: “We wanted to see if you want to move the Amendment."

"We'd like to adopt the Amendment. Amendment #5 becomes the Bill, amends the EMS Systems Act. The Department of Public Health shall develop a working group to advise DPH on primary stroke center systems. This group shall submit a statewide stroke assessment tool to the 09500267.doc 6  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 Department of Public Health. The copy shall be disseminated to all the EMS systems for adoption no later than January 15, 2010. And I would ask that the Amendment be adopted." Speaker Lyons, J.: "Is there any discussion on Amendment #5 to House Bill 4699? Seeing none, all those in favor of its adoption signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment 5 is adopted. Anything further, Mr. Clerk?"

"Well, thank you, Mr. Speaker. It's not often that I stand on this floor and ask my colleagues to allow a sales tax increase. I not only ask for that today, I urge you to give the people of Monroe, Madison, and St. Clair County, where I don't live by the way, this opportunity. This is a huge responsibility. The… if we didn't learn anything from the breaking of the levee walls at Katrina, we did learn this lesson and that is, you can… you must always be diligent. We have found out through the Corps of Engineers that there's much work to be done in the Metro East area. Hundreds of thousands of jobs are at stake. This is the very heart of our industrial complex for the Metro East. And I urge my colleagues… I know some of you just can't see your way fit to vote for that quarter cent sales tax, and I understand that, but remember it's for our counties only. This is local people united to take care of a problem that is theirs and they want to fix it. So, I would urge my colleagues on both sides of the aisle to join us and pass this Bill out with a 'yes' vote." 09500267.doc 9  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 Speaker Lyons, J.: "Ladies and Gentlemen, this Bill's on the Order of Short Debate, so we have quite a few people looking to respond. Next in line is Representative Tom Holbrook, the Gentleman from St. Clair."

"Thank you, Mr. Speaker. Will the Sponsor yield?" Speaker Lyons, J.: "Sponsor yields."

"Representative, you indicate that there's urgency to this issue on repairing your locks… or excuse me, your levees. But isn't it true that you could already be working on this resolution if the county board would enter an intergovernmental agreement with the drainage district?"

"Well, there's a lot of people that are a part of that drainage district that says that is the case. And they're very concerned that we have a county board moving into an area that has traditionally been a drainage district germane with the agendas and a different kind of representation than what is typical in our drainage districts. We usually are concerned aren't we that drainage districts represent the property owners and those that have a vested interest in proper drainage in an area? And it would seem that in this particular case we're 09500267.doc 11  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 diluting that authority. We're taking authority away from the drainage district and setting a dangerous precedent that the drainage district can't have jurisdiction over an area that they are vitally interested in. This particular area covers what… about five (5) drainage districts, is that correct?"

"And isn't it true that by doing the kind of change that you're proposing giving the flood prevention district jurisdiction, you're actually going to be covering some seventeen (17) drainage districts?"

"Well, it just seems, again, listening to some of the experts that are talking about this, that we're using a local situation to set a precedent that's going to cover our entire state, and that we ought to be looking at the bigger picture rather than just the smaller picture. And to the Bill, Mr. Speaker. It seems that we do have an avenue for that local district to deal with its immediate concern and do it in a much faster way, through an intergovernmental agreement. And I would encourage this Body to reject this Bill and to encourage local officials 09500267.doc 12  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 to deal with the system that they have that will work and will address this situation. Thank you." Speaker Lyons, J.: "The Chair recognizes the Gentleman from Champaign, Representative Chapin Rose."

"Thank you. Will the Sponsor yield for a quick question?" Speaker Lyons, J.: "Sponsor yields."

"Representative, I just want to make sure what counties this applies to and what counties it does not. I think you said them earlier, but could you repeat them for the record?"

"And it does not apply to any other counties in Illinois?"

"Thank you, Representative." Speaker Lyons, J.: "The Chair recognizes the Gentleman from Winnebago, Representative David Winters."

"Thank you, Mr. Chairman. Will the Sponsor yield?" Speaker Lyons, J.: "Sponsor yields."

"Representative, one of the things that bothers me about this Bill, along with the issues that Representative Pritchard raised, is the fact that, at least as I understand it, there is no right of the public to reject the imposition of a sales tax; there's no front-door referendum and there is no backdoor referendum. Is that correct?" 09500267.doc 13  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008

"Well, I think it still sets a bad precedent. The timing would be if the county board approved it and there was a backdoor referendum, I would understand that the bonds could not be sold until that challenge was heard at referendum, but that could happen as early as November. Do you anticipate construction on these levees this summer, in this construction period?"

"Well, I just want to hold the possibility that if the Governor has an Amendatory Veto on this Bill, we might not take that up until November. In which case, the lack of the public having a right to say 'yes' or 'no' on a referendum, even if backdoor, is not going to slow up the process. Do you have any assurances from the Governor's Office they in fact will support this and not do any form of Veto?" 09500267.doc 14  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008

"Yeah, one other question. Could you go into a little bit the changes in Illinois's drainage law that were incorporated in this Bill?"

"Well, there's concern from the statewide association that there's precedence here for the county to intervene in the operations of drainage district or levee districts."

"That's my concern that this becomes a precedent for future activities in other counties that aren't directly affected, but that you are making changes in the Drainage Code."

"But does it give the county board additional power over the drainage districts that they do not currently have?" 09500267.doc 15  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008

"Does it give the county boards any additional powers to intervene with the drainage districts that they currently do not have?"

"Well, I appreciate your answers. I still think that this may be a little bit of an overreach. And I always, if at all possible, I urge this Body to not support Bills that do not allow a backdoor referendum on tax imposition. Thank you very much." Speaker Lyons, J.: "The Chair recognizes the Gentleman from Iroquois, Representative Shane Cultra."

"Would the Sponsor yield for a question?" Speaker Lyons, J.: "Sponsor yields."

"Representative, I represent the section of the state completely on the opposite of you and my drainage districts have contacted me that they're concerned that this would set a precedent of county board taking over control of their drainage district. Now, I just want your legislative intent that by changing Sections 75 and 80 of the Illinois 09500267.doc 16  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 Drainage Code that it isn't your intent that it would affect any other counties in the state ever, except for the three (3) you have listed."

"Thank you very much." Speaker Lyons, J.: "Final question will come from Leader Barbara Flynn Currie. Representative Currie."

"Thank you, Mr. Speaker. Will the Sponsor yield?" Speaker Lyons, J.: "Sponsor yields." 09500267.doc 19  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008

"Could we have a little order? Order in here, could people listen." Speaker Lyons, J.: "Ladies and Gentlemen, the noise level on the floor, again, is very, very loud and it's hard for people to hear each other's questions. Members, could I ask you to please bring the tone down just a little bit, please."

"Thank you, Mr. Speaker. To the Bill. I wanted people to listen because many people voted 'no' on this Bill last time. And it is a good Bill. The Representative has worked so hard on this issue and since I've been the Minority Spokesperson of the Jud II Committee which has been quite some time, we have been trying to find ways to help people who have paid their debt to society to actually come out and get jobs. This Bill really helps that. We're not creating anything new, we already passed the certificates of good conduct and the relief from disability. This has been the law since… what, 2003, I believe, but I'm not sure of that date. And this really does strengthen it and provide more transparency for employers. And that is the goal to give employers more tools to really look at somebody's record. It's done on a case-by-case basis. The Prisoner Review Board has to go through this and approve it with three (3) members of the Prisoner Review Board. And I this it's about time that we did something to help people enter back into society. It will decrease recidivism and I would ask for a favorable vote on this Bill." 09500267.doc 20  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 Speaker Lyons, J.: "The Chair recognizes the Gentleman from Winnebago, Representative Sacia."

"Thank you, Mr. Speaker. To the Bill. Excuse me. I, too, stand in strong support of the Lady's legislation. The realty, Ladies and Gentlemen of the House, is right now we have thirty-three thousand (33,000) citizens in Illinois on parole, thirty-three thousand (33,000). People that struggle to find jobs. As an employer, the owner of a small business, I employ fourteen (14) people. I know how concerned my company is when we deal with hiring someone that has a background… has been involved and has had problems with the law. The Lady's legislation has done an excellent job and I think Representative Lindner said it very well, of providing transparency for employers. This is good legislation. I think it's something we should get together and support Representative Howard on. And I urge your 'aye' vote. Thank you." Speaker Lyons, J.: "The Chair recognizes the Gentleman from DuPage, Representative Dennis Reboletti."

"Thank you, Mr. Speaker. Will the Sponsor yield?" Speaker Lyons, J.: "Sponsor yields."

"Representative, when you said that these individuals would be in front of the Parole Review Board… Prisoner Review Board to determine if they have been rehabilitated, that's a pretty subjective phrase. What does rehabilitated mean then?"

"It's…" 09500267.doc 21  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008

"And I'm just saying it's very subjective as to what they have done while they were incarcerated, what they may have done while they were on parole, and how long that they have been out in the community beforehand. Because as I appreciate what you are trying to do here, I'm trying to figure out how many inmates this may or those who were formerly incarcerated… how many people will this really affect? How many of those have really worked towards rehabilitating themselves so they will be able to take advantage of this? What kind of population are you… do you see?"

"Go ahead."

"I guess the other concern is, is that what factors are they going to be taking into consideration? There are those that are incarcerated who do absolutely nothing and there are those who take great measures to get education and counseling. So is that supposed to be taken into consideration as part of your Bill?"

"Well, and I appreciate that. One last question, Representative, what additional protections are there for 09500267.doc 23  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 businesses as they begin to employ these individuals if these certificates are indeed issued?"

"Representative, I appreciate your answers. I'm going to listen the rest of the debate; I just have some concerns about the subjectivity. But would… I understand that it would be looking to help those who really have done something and not then confuse those individuals who have… trying make… turn their life around with those that aren't that may take advantage of this particular part of relief, so I'll continue to listen. Thank you."

"Thank you very much, Mr. Speaker. Will the Sponsor yield?" Speaker Lyons, J.: "Sponsor yields."

"Representative, on page 5 of Amendment #3, I believe it is, no, excuse me, it's Amendment #2 which becomes the Bill. On line 6, it starts out, 'a certificate of good conduct may be granted as provided in this section to relieve an eligible offender of any employment bar as defined in Section 5-5.5-5 of this code.' Let me… I just have a question about that. What exactly does that mean, eliminate… or, no, excuse me, 'relieve an eligible offender of any employment bar'? Does that means that the individual does not have to put down on the application that he or she has in fact been convicted of a felony?"

"Okay. So, when we say, 'may be granted under this section to relieve an eligible offender of any employment bar', that does not mean since the word 'may' appears… it 09500267.doc 25  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 does not mean the employer is under any obligation to hire the individual. Correct?"

"And the…"

"Okay."

"Right."

"And then to help eliminate what so often happens the employers don't want to take a chance, then the ex-offender would have a letter, as I understand it, of good conduct that he or she could present to the employer at that time."

"All right. I appreciate your forthright answers as always and certainly appreciate the comments of my colleagues Representative Lindner and Representative Sacia. And I, too, congratulate you on your work. Thank you."

"Thank you very much, Mr. Speaker, and Ladies and Gentlemen of the House. Is my sound okay now? Thank you. 09500267.doc 27  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 House Bill 5752 amends the Unemployment Insurance Act and would allow the director of the Unemployment Security Offices to release to local law enforcement when the law enforcement agency is seeking to enforce a individual who is a sex offender and has not reported on the sex offender registry as they are supposed to under Illinois law. This would allow the law enforcement agency to be able to receive information as to where benefit checks may be going to this individual so they can find them and make sure that they become in compliance with the law. I'd be happy answer any questions." Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Ken Dunkin."

"Well, actually they're not. The statute presently reads, Representative, that the State Police could be given this information for whatever type of investigation they may be doing. In other words, information about where the most recent unemployment was, where benefit checks may being sent to. This particular legislation came to me from my local… one of my local law enforcement agencies in my district to where they had an investigation going as to a convicted sex offender who was supposed to be registering on the sex offender registry and was not doing that. In 09500267.doc 28  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 the course of their investigation, one of the areas they went to trying to track this individual down was the Unemployment Security Office. The information that was told to them was that we can only release this to the Illinois State Police. The Illinois State Police were not investigating this particular investigation as many sheriffs' departments and municipality law enforcement have different investigations going on. What they wanted to have the ability was, not only to know maybe where the last place was that the individual worked, but if the individual is receiving unemployment checks from the state and is a convicted sex offender and is not following the law and registering, they want to be able to find out where the individual's living and calling home."

"I don't have the stats on all across the state."

"I'm speaking from a specific incident within my legislative district. It was thought through the municipal police officers or law enforcement agencies that there have been other similar circumstances throughout the state."

"Well, under this… under this legislation it would not affect them. It would only simply affect the fact that if the individual is a convicted sex offender, and is supposed to be registering and does not do that and receiving benefits… unemployment benefits from the state, that it would allow the law enforcement agency investigating, other than just the State Police, to go ahead and receive this information."

"None that I'm aware of, no."

"I don't know, Representative, I've not had any conversations with the AFL-CIO regarding this."

"Thank you." Speaker Lyons, J.: "Representative Brady to close."

"Thank you very much, Ladies and Gentlemen of the House. Would simply just ask for your 'yes' vote on House Bill 5752." Speaker Lyons, J.: "The question is, ‘Should House Bill 5752 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 109 Members voting ‘yes’, 2 people voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Clerk, on page 21 of the Calendar, Representative John Bradley has House Bill 2332. 09500267.doc 30  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 Representative Bradley, House Bill 2332. Read the Bill, Mr. Clerk."

"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 5152, this is the second bite of the apple on this Bill. Let me tell you 09500267.doc 31  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 what the Bill does and then I'll be glad to answer any questions. It is intended to establish transparency and equity in the allocation of IDOT highway funds. It tries to establish that no highway district falls more than 5 percentage points behind the statewide average of roads in acceptable condition. This Bill was suggested by the Transportation for Illinois Coalition with the goal of making sure that road improvements are made throughout all areas of the state. The Illinois Chamber of Commerce, the county engineers and the labor unions are all in support of this legislation. The formula does not change, it simply codifies, what the typical practice has been of IDOT for any number of years. For example, District 1 is scheduled to receive 43 percent of the total funds FY08 through FY13. In House Bill 5152 says that they should be provided 45 percent of the funds and the remainder would be allocated to Districts 2 through 9. We've tried to address the concerns of IDOT. It does allow for the transference of funds in the event of a major disaster: a bridge collapse, et cetera. And it also allows a 33 percent variance in the ability of IDOT to move funds from district to district. That's all the Bill does. It does not, and I would like to repeat this, it's not designed to take money from any district to any district. And there is no reference in here whatsoever to mass transit funding. I'll be glad to answer any questions." Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Kevin McCarthy."

"In all honesty, Representative, I don't think they like the Bill. I did meet with Director Sees and Bryce Sheriff, if I'm pronouncing his name correctly, about seven (7) or eight (8) days ago. I asked them to get back to me with specific concerns, if they had any and I have not heard from them. I am not going to portray… in my… my perception is that they don't like the Bill."

"They don't like the rulemaking and I don't think they like the Bill."

"We would like to see the figures on an annual basis, but it's also in the one in five-year plan. And that's what they have been doing."

"And I don't think this Bill would do anything to prevent that. They can move 33 percent of the money around."

"Which would've taken care of, for example, the Dan Ryan, which was a very expensive project. I don't… it's not my intent, and I know the law of unintended consequences often comes up after the fact, certainly not my intent to hamper IDOT's ability to address specific projects: the bridge, for example, between Metro East and St. Louis, which is now in the works. I don't see this as hampering that in any way shape or form."

"And I would think that any Legislator that would get those figures, as we do, would be able to call the department and very quickly discover why that discrepancy has occurred. And I think most of us are reasonable enough to understand that an eight-lane highway is going to cost more to resurface than a two-lane highway in my district."

"IDOT. You mean the report of where the money goes?"

"IDOT would do that."

"The only justification that I've ever been told is District 1 is where the bulk of the population lives. I think there's probably as many highway miles in that district as any, if not more than any other district in the state. The traffic count is probably heavier and thus, they would need that 55 percent of the total allocation. And I, as a downstater, I must tell you I've never had a problem with that unless we get into a situation where the Dan Ryan was a much greater cost than we had anticipated. They explained that. I didn't like the cost overruns that…"

"I'm sorry."

"I'm sorry. Forty-five (45), I'm sorry."

"And IDOT has always said that that is and as far as I know, the mayor of Chicago has never indicated that that is 09500267.doc 35  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 not an equitable division of funds. And I would certainly think that if it wasn't we would've heard by now."

"I'm not aware that any study has ever been done. I would assume that it must have some basic efficacy or I'm sure we would've heard something from those engineers and building contractors that reside in District 1."

"And I can understand that. And if the population trends continue to move north, as I'm sure they will, I'm certainly not adverse, and I don't think the majority of the Body in the future would be adverse to changing it even though it might be in statute. Remember, this does not deal with capital. It does not tie up capital dollars, only Road Fund maintenance dollars. It has nothing to do with capital. And I would also say to you that IDOT still can move thirty-three and a third percent of the money around if they find it necessary to do so. And in the case of a catastrophic failure, they have an escape clause in this legislation where they could transfer and go 09500267.doc 36  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 completely off that percentage, if they had a catastrophic problem in another area of the state. This allows them to do that and it allows up to a thirty-three and a third percent transfer as well, under any circumstance."

"Thank you, Mr. Speaker. Will the Sponsor yield?" Speaker Lyons, J.: "Sponsor yields."

"Representative, I'm going back to what the previous Representative was just talking about. If I'm not mistaken we've got 66 percent of the population in District 1. And we are putting into statute that we would receive 45 percent of the funding, which means that 44 percent of the population gets 55 percent of the money and we're making that a statutory remar… situation. Is that correct?"

"That's correct."

"I'm also very troubled by that. I think that is an unequal distribution of funding and that it puts it at great risk for those of us who live in District 1 where we not only have 66 percent of the population, but the bulk of the traffic as well. And that for me… that's very problematic. So, I would have to stand in opposition to the Bill."

"Well, Representative, let me… let me try to answer your question. It's not designed to do anything to harm anybody in District 1. By the transfer provisions that are written into the law, I think you're more than adequately taken care of. What you have to remember is that District 1 has 09500267.doc 37  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 more mass transit than all the other districts combined. So…"

"But we have more truck traffic as well."

"Well, I'm not sure of that. I think we might be able to show you some studies that would not…"

"Statistically I think we do."

"…agree with your figures. But I think you also have to remember is that we have more miles of road in downstate Illinois than you do in District 1. The distances from point 'A' to point 'B' are considerably longer, say from Danville to Carbondale for example, than anywhere you would go in District 1."

"Well, I'm remembering when Representative… former Representative Cal Skinner had done some studies on where the funding was and the allocation of mileage, the amount of traffic and everything else that was there. And according to him, the distri… the 45/55 distribution was eminently unfair to District 1, and consequently should not ever be put into statute."

"Well, all I can tell you is this Bill was drafted by transportation experts, not me, and they think that this is not only fair, but it is time that we do it so that all of us will know where those dollars are going. And they feel there is adequate protection. And when I say they, I'm talking about Jim Reilly of the RTA. I'm talking about people who make their living studying and reacting and building highways, and they have no objection to this. And organized labor has no objection to this Bill. And I don't for a minute think that the Allied Construction trades 09500267.doc 38  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 would sign on to anything that would stop necessary road construction in District 1. I just don't think they'd do that if they thought it was in any way unfair."

"Again, I'm troubled by putting it into statute when the bulk of the traffic and the bulk of the population resides in District 1. So, with all due respect, I will not be in favor. Thank you."

"I understand." Speaker Lyons, J.: "The Chair recognizes the Gentleman from Winnebago, Representative Dave Winters."

"Thank you, Mr. Speaker. I rise in support of this Bill and to answer some of the allegations made by a couple of previous speakers from the Chicagoland area, I think if you look at the gas tax that's generated by District 1, that you will find that in fact it is not even close to two-thirds of the statewide total of gas tax. And that is probably the best measure of saying, where are the needs for highways. Sure, if you have two-thirds of the population, you'll probably have two-thirds of the cars, but I would venture to say that the cars that are driven in the metropolitan area in northeastern Illinois do not even close… come close to the mileage that cars in the rest of the state rack up each year. We generate many more dollars of gas tax per person downstate than you do in the Chicagoland area. And that the current formula, 55 percent for downstate, again, has not been protested by the construction industry, by the labor unions, by the professionals that work in the transportation industry. Don't forget, also, that in mass transit money, which is 09500267.doc 39  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 coming from General Revenue, is also preponderantly, hugely, enormously, preponderantly in the metropolitan areas and not downstate, even though we do pay into the General Revenue Fund. I applaud the Sponsor on the idea of actually trying to scientifically break out with numbers that could be verified. We can look at the number of lane miles, the number of vehicle miles, the number of bridges that we have in each district, then allocate them in a fair manner instead of a willy-nilly approach, which the Department of Transportation I feel has sometimes done. Whoever squeaks the loudest, who has the squeakiest wheel may get more funding. Let's actually look at the road conditions. This Bill sets up that mechanism; it allows for annual review, for further adjustment. It does leave some discretion in the hands of the Department of Transportation, but then holds them accountable over time that the condition of highways in each district should approach the statewide median instead of the current system. If you are powerful, if you have a great district engineer, you may get a preponderant share of the state road moneys and your roads end up in much better condition than other parts of the state. I think this systematic, scientific approach is one that's long been needed, and I urge the support of this entire Body for this Bill. Thank you." Speaker Lyons, J.: "The Chair recognizes the Lady from Cook, Representative Debbie Graham."

"Well, I can't remember the verbatim explanation I've given. But let me just say, this Bill supported by the AFL-CIO, the laborers, and most everyone in the state that I'm aware of. The only opposition is IDOT and I'm not sure whether it's because of the rulemaking Amendment or a fundamental disagreeing with the Bill. But trying to… let me see if I can boil this down. What this Bill is intended to do is to establish a fair method of allocating funds for local road maintenance projects. The prescribed methods would ensure that the funding for highway Districts 2 though 9 is in proportion to the number of miles and bridges in each district. And obviously, District 1 will get 45 percent of that money and the other eight (8) districts in the state will divide up 55 percent of the money with some very important escape clauses. If there is a catastrophic failure of an expressway in Chicago that would require hundreds of millions to fix, IDOT has the escape clause to do that. And they also have the ability to transfer 33 percent of the money, period, on any given project."

"Yes, Representative. And in fact, this Bill will give District 1, 2 percent more money than they had under the last five-year plan."

"Yeah. And Representative, I can appreciate your concern. And let me just say this is not new. This has been the practice of IDOT for as long as I can remember. It precedes my service in this chamber. It has always been that 45/55 split. The last five-year plan District 1 received 43 percent. So… but it's always been fairly close to that, so we're not… it's certainly not my intent to enhance the other eight (8) districts at the expense of 09500267.doc 42  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 District 1. A healthy metro Chicago is good for the State of Illinois. And if you get the Olympics, and I hope you do in 2016, if we need to revise this, and I'm still here, I will come over and help you make whatever revision we need."

"I understand… Yes."

"Absolutely."

"I understand your concerns, Representative. And this Bill does not take away anything than what the formula has traditionally and historically given District 1. It's not my intent. It's not the Illinois Transportation Alliance's intent to take anything away from District 1. You are the most populous region and this Bill is not intended to be any kind of gotcha or ha, ha, ha, we get more money. This has been the historic split and I think we've bent over backwards to make sure IDOT…" 09500267.doc 43  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 Speaker Lyons, J.: "Representative, your 5 minutes is up. Did you want to finish answering that question, Representative Black."

"I'll be glad to." Speaker Lyons, J.: "And we'll have one final speaker. Representative David Leitch is the only other one that was seeking recognition; he'll be the last speaker. And his sign is off. So, after this, Representative Black to close."

"Thank you very much, Mr. Speaker. Let me answer Representative Graham's question. I think it is… I understand it completely. We all must be very provincial about the districts we represent. And I know exactly what you're saying. If the Tribune were to run a big article on this, if it becomes law and that's a long way from the fact yet, would this put you in a bad situation with your constituents? I don't think so, because it is the traditional split that we've always had. If it does put you in a bad situation, I make you an offer. I'll come up and try to explain it and protect you as much as possible. I'll come up and campaign for you or against you, whatever you think will help you the most." Speaker Lyons, J.: "Representative Black to close."

"Thank you very much, Mr. Speaker. I appreciate the comments and the debate we've had. I wish we could do this on most Bills. We've had an open and fair and honest debate, but I can assure you this Bill has no known opponents other than IDOT. I think it's a good Bill. It protects all parts of the state. It puts transparency in 09500267.doc 44  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 the appropriation process with adequate safeguards that IDOT can still move maintenance money around if they need to do so. I would request and appreciate an 'aye' vote." Speaker Lyons, J.: "The question is, ‘Should House Bill 5152 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 81 Members voting ‘yes’, 25 Members voting ‘no’, 3 voting ‘present’. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Arroyo, for what purpose do you seek recognition?"

"Mr. Speaker, may I rise to a point of personal privilege?" Speaker Lyons, J.: "Proceed, Representative."

"Ladies and Gentlemen of the House, if you could give me your attention. Behind my desk on the… up in the gallery is a very special group with us here today. It's the Jacksonville Area Chamber of Commerce leadership group. That is in Sergeant Jim Watson's district. We know where Jim is today and we wish him Godspeed. But we're just very pleased to have the Jacksonville, Illinois, Area Chamber of 09500267.doc 45  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 Commerce and their leadership group here. And thank you for coming to Springfield and thank you for sending us Jim Watson." Speaker Lyons, J.: "Welcome to Springfield, Chamber. We're all proud of your State Representative. Representative Hernandez, for what purpose do you seek recognition?"

"Thank you, Mr. Speaker. When this Bill first came up, I kind of questioned because as a firefighter we all know that… the firefighters themselves know that whoever is the commander of the scene… that is the one situation that we can take total control of the scene and we actually stop people from coming and going. But that was unfortunately only in a situation of a home or a fire in a residence; it was not along the highway. The highway has always been kind of left to the State Police. This reality is is that as a first responder hits the scene along one of the major interstates or along any major highway, they need to be in control of that scene. As a firefighter, I know how important that is. This is a sensible Bill; it is something that probably needed to be done and had it been 09500267.doc 49  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 realized before that it was not the case, that it wasn't like the scene at a home or a residence or a building where the chief or the person in command has total control of the scene, we wouldn't had to move forward with this legislation. But this is the positive and right thing to do and I stand in support of the Bill." Speaker Lyons, J.: "The Chair recognizes the Gentleman from Knox, Representative Don Moffitt."

"Thank you, Mr. Speaker. To the Bill. First, to the family, our condolences for your losses over at that ceremony. It did… makes you stop and think we… all of us take for granted too much our emergency responders, our firefighters, our police, our EMS. We're reminded today with Representative Watson's group here that we take for granted our soldiers serving, too, but we're here to thank you for that service and our condolences. I want to commend the Sponsor; this was not easy to get to this point. It took a lot of negotiating, but with persistence we've got to the right point and the Representative simply would not let this drop. He continued until there was an agreement. It took a lot of work to get to this point. But with the passage of this Bill, and it's… unfortunate it takes a tragedy sometimes to get to this point. But the bottom line is we will be safer. Our firefighters will be safer. The motoring public will be safer. Guidelines are set on when and how a lane of traffic can be closed. But fortunately, we're at least giving them the authority to protect their fellow firefighters and equipment. I just applaud the Representative for his efforts continuing to do 09500267.doc 50  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 this. And again, we thank the family and its… in honor of the fallen firefighter that this Bill's being passed. Thank you. Urge a 'yes' vote." Speaker Lyons, J.: "Representative John Bradley to close. Representative Bradley, if you could wait a second. Representative Black, final speaker and then Representative Bradley."

"I'm sorry. I just have an inquiry of the Chair." Speaker Lyons, J.: "State your inquiry."

"I just read the Bill. There's no rulemaking Amendment on the Bill. Is that by design or by accident?" Speaker Lyons, J.: "Mr. Black, it appears there was no request for any rulemaking on this Bill. Is that the question?"

"My inquiry… and I mean this in no disrespect to anybody. It was my understanding that no Bill could move to final passage in this chamber without the rulemaking Amendment. That was… that was… as far as I know, that was determined by Speaker Madigan." Speaker Lyons, J.: "Representative Black, I've been advised that there was no…"

"Mr. Speaker, let me make it very clear. I have absolutely no problem with this Bill and I fully intend to vote for it and would hope that Mr. Bradley would add me as a cosponsor. I just want to make sure we've all operated under the parliamentary and rulemaking authority of this Body as designated by the presiding officer that no Bill upon final passage would leave this chamber without an Amendment that would prohibit the ability of the Executive Branch to make rules as to what this Bill may be. This 09500267.doc 51  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 Bill may come back with an Amendatory Veto that it could only be enforceable in Cook County and only on even numbered days. I have no idea what this might end up as and I'm just curious as to why it doesn't have Speaker Madigan's Amendment about the rulemaking process." Speaker Lyons, J.: "Representative, I've been advised by the parliamentarian that in this case, Representative Black, that there is no need for the rulemaking… for the Madigan Amendment that's been adopted to most of these issues to be adopted on this Bill."

"So rules… in the opinion of the Chair, rules could not be promulgated to water down this Bill. Would that be the opinion of the Chair?" Speaker Lyons, J.: "The rules are for the Illinois agencies, not for this…"

"Okay. That… that… Mr. Speaker, believe me, that's all I wanted to have clarified. This is a good Bill and I don't want to see it watered down by any rulemaking process that would do so. This is a good Bill; I just don't want to see it come back to us with any specific changes done by administrative rule. And I think with your clarification, we don't have to worry about that and I appreciate your time." Speaker Lyons, J.: "Thank you, Mr. Black. Representative John Bradley to close on Senate Bill 2488." Bradley, J.: "Again, my heart goes out to the family, to the community, to the people that are here with us today. I want to thank Representative Moffitt. I want to thank the Department of Transportation and the State Police and the 09500267.doc 52  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 Firefighters Association and the chiefs of the firefighters for working together on this. We weren't sure we would get to this point, but as a result of all this hard work, we have. And now, as I said earlier, we're on the verge of memorializing in honor of a friend an important and lifesaving piece of legislation, the James 'Shib' Miller Law to protect firefighters." Speaker Lyons, J.: "All those in favor of the passage of Senate Bill 2488 should vote ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Riley. Mr. Clerk, take the record. On this Bill, there are 111 Members voting ‘yes’, 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Congratulations and God love you. Mr. Clerk, on page 20 of the Calendar, Representative Linda Chapa LaVia has House Bill 4927. Read the Bill, Mr. Clerk. Mr. Clerk, hold before you read the Bill. Representative Golar had her light on for personal privilege, Representative?"

"Thank you, Mr. Speaker. Will the Sponsor yield?" Speaker Lyons, J.: "Sponsor yields."

"Representative, have you ever had an occasion to see how these meth labs are dealt with, maybe through the Aurora Police Department or in the MEG units? Have you ever seen how they have to deal with these before?"

"Well, to the… For yourself and the others in the Body, the units that have to go out and deal with these actually have to put HAZMAT suits on. You have to deal with it and it's a very explosive, volatile situations. 09500267.doc 62  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 It's deadly consequences to officers, to firefighters, to paramedics that have to deal with this. You're only looking to protect the interests of the child at first. Correct?"

"I'm assuming that the person's been convicted, either they're serving their prison sentence or they're on probation, so they're probably getting some type of treatment. But the first thing the interest should be is the actual protection of a child. And to the Bill. These meth houses are extremely dangerous places. Meth addicts have about a 6 percent recovery rate compared to those of other substances, which are about 50 percent of long-term treatment. These children are placed in very dire consequences. They need to be removed from those homes so that they have an opportunity to thrive. Let the parent worry about that… getting their children back after they've completed their sentence, after they've completed counseling, and they've shown a good faith effort that they can actually be a good parent. So, I would urge an 'aye' vote." Speaker Lyons, J.: "The Chair recognizes the Gentleman from Champaign, Representative Chapin Rose." 09500267.doc 63  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008

"Thank you, Mr. Speaker. Will the Lady yield for some questions?" Speaker Lyons, J.: "Sponsor yields."

"Representative, I think you know I've sponsored a number of meth Bills. In fact, I did the discretionary doubling where a child was present and it was being manufactured. There are some grammar problems here. And we're dealing with the loss of a parental right, in other words, the loss of a child that's being taken by the state. I'm extremely uneasy about taking away the parental right when you're missing a comma and a couple other things here. And if I can, let me just tell you, because listen to this sentence. 'Where the child was the child who resided.' What does that mean? More importantly, 'or was present at the place where the methamphetamine was manufactured.' That's past tense. It should be, 'or was present when the methamphetamine was being manufactured.' Because otherwise, what you're talking about is if somebody was a meth addict, got clean, fathered a child and that kid was then present in their house, DCFS shall file a petition to terminate their custodial rights, even though they are now clean. And I know what you're trying to do and I support what you're trying to do, but we're dealing with the termination of parental rights. This is not something we should take lightly. And if we can add a comma and change a 'where' to a 'when' through a pretty easy Amendment, I'd like do that, here."

"Okay. So, you'll pull this and we'll add the Amendment?"

"Thank you, Representative."

"Thank you, Mr. Speaker. House Bill 4416 amends the State Officials and Employees Ethics Act. It prohibits a constitutional officer or Legislator from attaching their name or image to a billboard or electronic message board that displays a public service announcement regarding a state administered program. This was an issue brought to me by one of my constituents who was very concerned when there were lots of constitutional officer and Legislators utilizing state administered programs to advertise. And I can answer any questions." Speaker Lyons, J.: "Is there any discussion on House Bill 4416? The Chair recognizes the Gentleman from Cook, Representative Durkin."

"Will the Sponsor yield?" Speaker Lyons, J.: "Sponsor yields."

"Representative Coulson, does this have a retroactive application?"

"No, it does not."

"Don't you… What do you think about that? I mean, if the problem is with something that is currently that we're seeing on the highways, instead of making it prospective, 09500267.doc 72  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 why don't we make it retroactive and we can have these things eliminated?"

"You're… and you know, you're the attorney. I'm not sure it's something that we can do."

"Well, I think you certainly can, 'cause in these types of situations we can clearly do this type of action retroactively. The only thing you can't do retroactively is things with Criminal Code in the midst of trial."

"Okay."

"But I would suggest if we really want to address that particular situation, we still got some time, but would you consider attaching an Amendment that will allow for the retroactive application of this ban?"

"There are two (2) ways we could do that. We could pass this out right now and then as we find a Sponsor in the Senate have them request to do that. I would be happy to do that."

"Thank you very much." Speaker Lyons, J.: "The Chair recognizes the Gentleman from McHenry, Representative Jack Franks."

"Well, the actual wording in the Bill… and we already have a prohibition against broadcast or aired radio, or television. That's already in our Ethics Law. What we've added in here is displayed on a billboard or electronic message board. I would believe that some of what you've just described may not be included in this, but we are trying to make it so that anything that's out in the public electronically and/or on a billboard would not be allowed to be able to utilize any constitutional officer or Legislator's name in the advertising of it."

"And I… that would be the intent. That's exactly what brought this Bill to my attention. Several of my constituents called me up and said, why every time I drive down the tollway and I have to pay those tolls do I have to then read a specific name on the billboard? So that is the intent of the Bill."

"And especially if we can get the retroactive nature in, yes."

"Thank you." Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Ken Dunkin."

"Well, as I mentioned, I've had several constituents who've been very, very concerned, the tollway happens to run right straight on the west side of my district. And so, many of us use that and have watched a lot of dollars on the tollway be used to advertise particular consti… constitutional officers, but then there's also been issues 09500267.doc 75  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 in other places. And so, they requested that I look at the whole issues of billboards."

"I've been here twelve (12) years."

"Yes."

"Well, I'll tell you, because no one else have… as I mentioned, there's an underlying Ethics Law. We dealt with radio broadcast and television. We dealt with commercial newspaper and commercial magazines, but no one else had ever utilized billboards to advertise their name while they were advertising a state program. It had always in the past been the state program being advertised, not a particular officer's name. So, it's really been the more current abuses that have caused my constituents to be very concerned about this."

"Abuse of, I believe, state dollars to advertise any Legislator and/or constitutional officer's name."

"Well, no one… as I mentioned in the past, no one has utilized billboards to have their name up there when they 09500267.doc 76  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 were talking about a state program in the past, that I know of."

"And I guess I beg to differ that the name of the Attorney General or the name of the Governor or the name of the Legislator needs to be advertised with state dollars about a program. If we're advertising a program that the Treasurer's Office…"

"Excuse me, may I finish? If the Treasurer's Office has a wonderful program, then let's advertise that program not a particular person's name. And that… those programs are ongoing programs and elected officials come and go, as you well know."

"Actually, not really." 09500267.doc 77  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008

"There are a few that have gone up and a few that have gone down in my district area."

"I believe I've answered that question a couple times; it's from constituents in my district. It's also, just so you know, been a Bill that we passed unanimously out of this chamber last year. And it's an extension of the Ethics Act that we worked on over many years. This is not a new small piece of legislation; this is an addition to a very hard fought ethics Bill that we passed several years ago."

"The underlying Ethics Law that we all have then we have an ethics officer will give you that specific detail of what you can and can't do in your office. All this Bill does is to add billboards and electronic message boards to 09500267.doc 79  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 that underlying prohibition against using taxpayer dollars to promote a candidate or an officer's name."

"Thank you." Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative John Fritchey."

"This is state tax dollars for state adver… state programs that are advertised by the state tax dollars."

"Thank you." Speaker Lyons, J.: "Representative Beth Coulson to close."

"Thank you very much, Mr. Speaker. And I'll just remind you. This is a step in the direction of making sure that our state tax dollars are not used for any reason other than to advertise the state program that's appropriately in there. We did pass this unanimously last spring. We are expanding the current definition of what would be prohibited under our Ethics Law. And I would encourage an 'aye' vote so that taxpayers' dollars are utilized appropriately. Thank you very much." Speaker Lyons, J.: "The question is, ‘Should House Bill 4416 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Boland. McGuire. Mr. Clerk, take the record. On this Bill, there are 109 Members voting ‘yes’, 1 Member voting 09500267.doc 81  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Jefferson, we're going to get back to your Bill. Mr. Clerk, what is the status of House Bill 5739?"

"Thank you, Mr. Speaker. I would like to move this back down to Second. I filed an Amendment to address some of the Secretary of State's concerns and I need that to get attached, please." Speaker Lyons, J.: "Mr. Clerk, on the request of the Sponsor, move House Bill 4128 to the Order of Second Reading. Mr. Clerk, on page 19 of the Calendar, Representative Saviano has House Bill 4845. Read the Bill, Mr. Clerk."

"Thank you, Mr. Speaker and Members of the House. HB4845 simply cleaned up some language to coincide with Federal Law. It's… it removes the grandfather clauses which were put in the Act at the time of the creation of 09500267.doc 83  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 the Act. There is no opposition to this. And I would ask for its approval." Speaker Lyons, J.: "Is there any discussion? Seeing none, the question is, ‘Should House Bill 4845 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 110 Members voting ‘yes’, 1 Member voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 20 of the Calendar, Representative Saviano has House Bill 5061. Read the Bill, Mr. Clerk."

"Thank you, Mr. Speaker, Members of the House. House Bill 5061 is, again, another cleanup which is suggested by the Illinois Chiropractic Society and the department. Just replaces certain phrases, which we are doing across the board with many of our licensures. And I would ask for its approval. Thank you." Speaker Lyons, J.: "Is there any discussion? Seeing none, the question is, ‘Should House Bill 5061 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, 111 Members voted ‘yes’, 0 voted ‘no’. This Bill, having received the Constitutional 09500267.doc 84  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 Majority, is hereby declared passed. Mr. Clerk, Representative Lang has House Bill 5356. What's the status of that Bill, Mr. Clerk?"

"Yeah. Mr. Speaker and Ladies and Gentlemen of the House. House Bill 4758 creates a State Fairgrounds Racing Track Authority Bill or an Act. The authority duties is to promote, operate, and maintain horseracing operations at the Illinois Fairgrounds. And this will be done through a contractor which is contracted through the board. There will be seven (7) members on the board: two (2) from the Sangamon County Board Chairman will appoint, two (2) from the mayor of Springfield, and one (1) from the Emergency 911 System in Springfield and two (2) from the Department 09500267.doc 86  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 of ag. Net profits from the State Fairgrounds Infrastructure Improvement Fund: two-thirds of that will stay on the fairgrounds, it will go to infrastructure and maintenance, one-third goes to the City of Springfield and Sangamon County for their Dispatch Fund for the 911. Also, we amended the Bill that there wouldn't be any OTBs within thirty (30) miles of the State Fairgrounds and that protects Fairmount's OTB here in Springfield. And for legislative intent, we'd like to say that the horseracing won't interfere with the current motorcycle races and the other functions of the Illinois State Fair. I'd ask for a favorable vote." Speaker Lyons, J.: "Thank you, Representative. Any discussion? The Chair recognizes the Gentleman from Cook, Representative Paul Froehlich."

"Yes." Speaker Lyons, J.: "Sponsor yields."

"You know, that's something that'll be determined by the Illinois Racing Board, the authority will apply for racing dates. I'd like to point out right now that there's plenty of dates available. Fairmount does not race harness horseracing now. The Quad City Downs also doesn't have any. So those dates are open right now and those would be available to apply for at the Illinois State Fairgrounds." 09500267.doc 87  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008

"Projection being anywhere from three (3) months to nine (9) months a year."

"This Bill is set up so that the license would be like any other license that a racetrack in the State of Illinois. Every racetrack in the State of Illinois has an option to run six (6) OTBs, that's really not the main focus here. The main focus is horseracing at the Illinois Fairgrounds."

"Every… every racetrack in the State of Illinois has that option."

"You're speculating on something that I've been hearing around here about fourteen (14) years, that there's always going to be this large racing/gaming Bill and there's going to do certain things. I think what you're doing now is speculating what the future's going to bring. And if something happens in the future, that would have to be the Illinois State Fairgrounds Racetrack Authority would make those decisions. Today we're not talking about that."

"Absolutely. And in 1996, I run for another election. In 1998, I run for another election. Every two (2) years, I put my own record and I'm a referendum of running. Fourteen (14) years ago gasoline was less than a dollar a gallon. Our property taxes has went up. Our heating bills have went up. All the dynamics of my district have changed and not unlike the rest of the districts here in Springfield. So, I think it's a question, do you want to have a self-imposed tax or do you want me to work to raise those other taxes on you?"

"What year was that?"

"Okay."

"I assume… are you suggesting that we ought to have a statewide referendum on gaming?" 09500267.doc 89  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008

"Have you… have you ever changed your mind in the years you have served in the Legislature?"

"Have you ever changed your mind in switching Parties?"

"Mr. Froehlich, we're not doing one thing that doesn't happen in Sangamon County. If you've got the urge to bet on a horse, you get in my car in 10 minutes I'll have you on Wabash Avenue betting on any horse you want to bet in the United States. We're not expanding one thing that does not happen in the State of Illinois and it happens in Sangamon County at this point. We have pari-mutuel betting at the State Fair five (5) to ten (10) days a year, every year and it's already happening. And what we're doing is providing an entertainment value that the OTB does not."

"Well, well, thank you very much, Mr. Speaker, what an enlightening debate that was. I don't know which one was 09500267.doc 90  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 Seabiscuit and which one was Secretariat, but I've got a hunch. I think the one on the rail was Shady Lady. Mr. Speaker and Ladies and Gentlemen of the House, to the Bill. If the previous Representative has a problem with what the Gentleman from Sangamon County wants to do, then move to Sangamon County and become active in Sangamon County politics. I thought that… that wasn't a debate on the merits of the Bill, that was trying to embarrass Representative Poe. What does that have to do with the Bill? Representative Poe is well known in this area as an outstanding Legislator who represents his constituents. And if he's changed his mind on an issue since 1994, I'm sure Raymond Poe will go anywhere at anytime and speak to anybody about this issue. And he'll run on his record and that's all… that's what we all do. I thought your remark, Representative, about never changing your mind was one of the best I've ever heard on this House Floor. Ladies and Gentlemen of the House, what are rural Representatives supposed to do? Are we supposed to just sit back while the Governor takes one hundred and fifty (150) jobs from IDOT and moves them to Marion, Illinois and has the audacity to say that's economic development? Transferring of jobs isn't economic development. It's too expensive to rent the building. They've been trying to buy it for four (4) years. There's space in Springfield to accommodate the traffic safety people. So what are we supposed to do? Just let the Governor do whatever he wants to do to the Capital City? This is the Capital of Illinois. If you don't like that, drop in a Bill and change it. I think 09500267.doc 91  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 economic development would be to move the executive mansion to Marion. At least Senator Forby'd have a place to stay or we could rent it out as a bed and breakfast. All of us are here to represent our districts. You can bet on the horses at the State Fair in Springfield for a long, long time. And I daresay, and Representative Poe can address this, I don't think the criminal element moves in during the State Fair and has a field day because horses race at the State Fair. County Fairs can have horseracing and can do pari-mutuel. This is not an expansion of gambling in the true, strict sense of the word. They're picking up racing dates that are available on the calendar. I don't know what the mayor of Springfield, who's a Democrat and the Representatives of this area are supposed to do when the current administration lays people off, moves jobs for no apparent, sound, economic reason and we're just supposed to sit here and not worry about creating job opportunities, creating tax revenue for the City of Springfield. The mayor said in some months ago in the paper that almost every dollar of his General Revenue Property Tax Fund has to go to meet his pension debt. So, when all is said and done, I don't think you have to impugn the character of Representative Raymond Poe. And if you do, then don't eat any more of his chicken. When all is said and done, Representative Poe will represent his district to the very best of his ability. He'll answer to his constituents. If you're opposed to gambling, if you're opposed to pari- mutuel at the State Fair, even though it's been going on for a number of years, if you're opposed to pari-mutuel 09500267.doc 92  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 racing at County Fair horse tracks, fine. Fine. Vote against the Bill. But I hope nobody else feels compelled to get up and impugn the integrity of a man that I've come to know, respect, and admire, who does his job, does it very well and the people of this district have put their faith in him for a good number of years. I intend to vote 'aye' for this Bill for the benefit of the Capital City of Springfield and to support a good and decent Legislator in Representative Poe. Vote 'aye'." Speaker Lyons, J.: "The Chair recognizes the Gentleman from Cook, Representative Lou Lang."

"Okay."

"Yeah. There's two (2) or three (3) things I'd like to address. And a lot of that as many of us know, the fuel cost that's going on in Illinois right now, most of these trucks that pull these horses around the state are diesel. Diesel's up to four thirty-nine ($4.39). So we've got a lot of people staying home for that one reason. But currently at the State Fairgrounds there's around six hundred (600) stalls at that fairgrounds now. About three- fifty (350), four hundred (400) horses are stalled there all the time. The race is harness racing. Right now, those owners have to pull those horses all the way to Chicago. And another… a big problem that I'm dealing with harness horsemen, anywhere in the southeast of here, they're pulling actually into Kentucky because it's shorter on their distance in the fuel mileage and those kind of things. So, we're actually losing those horse races to another state."

"Like I said, there's close to four hundred (400) horses…"

"…just at the fairgrounds plus there's some large horse farms around Sangamon County."

"Okay. What happens, the profits from the racetrack… 66 percent of that profits will stay on the Illinois State Fairgrounds: for infrastructure, building costs, new buildings. And I think what we're doing there we're actually taking a liability away from the State of Illinois because it'll make it more self-sufficient. So, that's how we'll address that problem. One-third of the money will go to the host county of Sangamon and the City of Springfield. That money will go to public safety which will fund the 911 programs here in Sangamon County."

"No."

"Absolutely."

"Yes."

"Yes."

"We're assuming those will be the same ethical standards that the Illinois Racing Board would have. That would be the intent." 09500267.doc 95  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008

"Okay. He said it is an error. It's subject to the rules that are laid down by the Illinois Racing Board."

"Right. Yes."

"We'll take the note of that and we'll work with the Senate Sponsor and have him add that to the Bill."

"Mr. Speaker, Ladies and Gentlemen of the House. I just think this is an opportunity that we have in the State of Illinois to… as you know, we've had very many problems at the Illinois State Fair the last few months. And we know this isn't a quick fix, but we hope within the next five (5) to ten (10) years this will be a mechanism that we can pay for all those maintenance fees at the Illinois fairgrounds and it takes the tax burden off the rest of the state budget. So, I'd ask for a 'yes' vote. Thank you." Speaker Lyons, J.: "The question is, ‘Should House Bill 4758 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Ryg. Representative Sommer. Mr. Clerk, take the record. On this Bill, there's 83 Members voting ‘yes’ and 28 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Shane Cultra, for what purpose do you seek recognition, Representative?"

"Point of personal privilege." Speaker Lyons, J.: "Please proceed."

"Like to welcome the fifth grade students from Nash Grade School from Iroquois County here in the Capitol. Welcome." Speaker Lyons, J.: "Welcome to Springfield, students. Enjoy your day. Clerk, on page 20 of the Calendar, Representative Mike Smith has House Bill 2170. Read the Bill, Mr. Clerk." 09500267.doc 98  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008

"Thank you very much, Mr. Speaker. Will the Sponsor yield?" 09500267.doc 99  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 Speaker Lyons, J.: "Sponsor yields."

"Representative, I was intrigued yesterday by the remarks of one of your Democrat colleagues that this might be perceived as an antibusiness Bill. When I got up off the floor, after falling out of my chair, I thought, you know, we're making progress when a Democrat Legislator would say that this might be an antibusiness Bill. Now, I understand that the original Act was in response to serious environmental concerns that the drycleaning industry has, but I'm also concerned, this cleanup Bill does not, no pun intended, does not appear to have come from the industry. It appears to have come from the regulatory agency. Am I wrong?"

"The Trust Council consists of seven (7) members, all appointed by the Governor. Do you know… are there any drycleaners on that council at the present time?"

"Do you know… and I'm not trying to be cute with this, Representative. I have no idea. Are any of those council 09500267.doc 100  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 members from, what you and I would consider, southern Illinois?"

"Yes."

"Okay."

"Okay. What caught my eye yesterday is the tax imposed under the current law: three dollars and fifty cent ($3.50) per gallon of chlorinated solvent, thirty-five cents ($.35) per gallon of petroleum-based solvent, and a dollar seventy-five ($1.75) per gallon of green solvent. Those are pretty stiff taxes and I think they're out of whack. Why isn't the green solvent tax ten cents ($.10) a gallon? Why a dollar seventy-five ($1.75)?"

"And to encourage its use, that's what I… the point I'm trying to make."

"I understand that."

"And I will… you're absolutely right."

"I understand." 09500267.doc 101  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008

"Is the… does the trust fund work similar to the Leaking Underground Storage Tank Fund, it helps to clean up those sites?"

"Okay. Fine. Thank you very much. Mr. Speaker and Ladies and Gentlemen of the House. The speaker is right, there are no new fees, no new taxes in this Bill and I certainly didn't mean to imply that there were. And I think the Bill is just a regulatory cleanup. But like so many things we do, when we pass this I don't know why I missed the level of taxation that's in this Bill. And all I can scratch my head about, I haven't heard from any drycleaners in my area, but I know that a large drycleaning firm has gone out of business in Champaign. The drycleaner that I used to patronize has gone out of business in my 09500267.doc 102  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 hometown of Danville and others have gone out as well. And I think all of us have asked on some occasion, drycleaning is no longer a cheap process, not that it ever was cheap, but it's a… it can be very expensive. To get the suit that I'm wearing today cleaned and after twelve (12) months I always get them cleaned whether they need it or not, I think it's ten bucks ($10). And then you look at this Bill and you understand…" Speaker Lyons, J.: "Mr. Black, your 5 minutes have concluded. Please conclude your remarks."

"I'll do that. I was trying so hard to get in under the line. I now begin to have a better appreciation and understanding of why some of the fees that we pay to have our suits drycleaned and other apparel has gone up in price so much. Maybe… maybe that's our fault. But I think the Sponsor's well intended. It is a regulatory cleanup. But I… you know, every once in a while rather than do a regulatory cleanup, no pun is intended of any kind, I'd rather do a regulatory rewrite and see if we shouldn't, in fact, lower some of these taxes and lower some of the fees. Thank you very much, Mr. Speaker." Speaker Lyons, J.: "The Chair recognizes the Gentleman from Peoria, Representative David Leitch."

"Thank you. Would the Gentleman yield?" Speaker Lyons, J.: "Sponsor yields."

"Who is the head of this council from Peoria?"

"And which cleaners is he from?"

"How much will these fees increase the cost of cleaning… drycleaning?"

"Thank you." Speaker Lyons, J.: "Representative Mike Smith to close."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Today I present to you 5969, which is actually something that we are already doing, but it's never been codified into law. And I think it's such a wonderful 09500267.doc 104  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 267th Legislative Day 5/15/2008 program that I would like to take this opportunity to put it into law to extend it into the future." Speaker Lyons, J.: "Is there any discussion? Seeing none, the question is, ‘Should House Bill 5969 pass?’ All those in favor signify by voting ‘yes’; those opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Roger Eddy. Mr. Clerk, take the record. On this Bill, there are 111 Members voting ‘yes’, 0 voting ‘no’. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, what's the status of House Bill 5011, 5011, Supplemental Calendar #1?"