Illinois House Floor Debate — September 10, 2008

Speaker Madigan: "The House will now convene in regular Session. Is there leave to use the quorum for the Twenty- fourth Special Session for the purpose of a quorum of the regular Session? Leave is granted and the Attendance Roll Call of the Twenty-fourth Special Session shall be used for the purpose of the quorum call of the regular Session. All right, Ladies and Gentlemen, the plan is for Party caucuses immediately and for committees to meet at 12:30. So, Mr. Brady."

Speaker Madigan: "The Democrats will meet in Room 114 immediately. Mr. Clerk, would you announce the committee meetings."

"Mr. Watson."

Speaker Madigan: "Again, let's go to Party caucuses immediately. Democrats in 114, Republicans in 118. Thank you. The House shall come to order. Mr. Clerk."

"The Chair recognizes Mr. Fritchey, on House Bill 824. Mr. Fritchey."

"Thank you, Speaker. I believe that we are on the Order of Motions to override?"

"That's correct."

"Thank you, Sir. Ladies and Gentlemen, we are unfortunately but predictably where we knew we would be when we passed the product of three (3) years of work between both chambers of this Body and all the Members in this chamber, and that is to override the Governor's Amendatory Veto of the pay-to-play ban. I'll try to stay very short on the rhetoric. I will tell you that at a time when it would seem to take a lot for the Governor to surprise and/or offend me, he really has managed to do it. The Governor put forth in his Amendatory Veto some ideas that may in fact be laudable. He has put forth four (4) various concepts, one of which had to do with a differing ban on campaign contributions. One had to do with what the Governor alleges to be double dipping. Another one having to do with increased lobbyists' disclosures. And the fourth having to do with how we vote for the pay raises. Ladies and Gentlemen, I'll submit to you, there may be 09500285.doc 3  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 merit in some of the Governor's proposals. And to that end, in keeping with my commitment, I have filed the Governor's proposals both as one unified Bill, it's House Bill 6700, as well as four (4) separate Bills. The Governor, through his Amendatory Veto, is not trying to clean up Illinois. He's not trying to make our ethics laws tougher; he's trying, in a last desperate attempt, to prevent this Bill from becoming into law. Whether or not the Governor has respect for the Legislature, I still do. I respect me, I respect all of you and our jobs. The Governor's ideas are not to be taken in a take-it-or-leave- it form the way that he's given to us. So what we've done is allowed them the opportunity to be filed and they can be vetted as they see… as we see fit and proceed from there. I met at length yesterday with the Governor's lawyers in keeping with our commitment there. I'm not going to get into the content of those meetings. I will say, though, that there was an agreement that we were going to try work in an honest and straightforward manner to see if we could make progress on this legislation. I was disheartened but not surprised to read the Governor's comments from his press conference today. Among the things he said today was that he does not want us to file these Bills in separate legislation, saying unbelievably, that he believes that we would come up with reasons not to call the Bills or find ways to make sure they don't pass. This is the same Governor that sent me a letter, Ladies and Gentlemen, two (2) weeks ago asking me to not only introduce the legislation but saying that he wants to work with me to get 09500285.doc 4  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 the legislation called in the Illinois House. He has proven time and time again that he will say whatever it takes wherever he has to to forward his agenda. I don't want to belabor this into the sideshow that he has turned it into. Let me say this, this Bill has seen more hurdles than the Beijing Olympics. This is simply one more of those hurdles. I ask you to join me in overriding the Governor's Amendatory Veto. We can come back to look at his ideas later on. Let's go ahead and give the people of the State of Illinois what they want and what they deserve and that is an end to pay-to-play politics in Illinois. This Bill passed without a dissenting vote out of both chambers. I have every confidence in you, my colleagues, to do what we told our constituents we would do and move this legislation forward. I would then trust that we can rely on the Senate to uphold their commitment to do the same thing and that once and for all we can put this practice to rest. I'd be happy to answer any questions. Thank you."

"Mr. Bost."

"Let the record reflect that request. Mr. Fritchey moves that House Bill 824 do pass, notwithstanding the specific recommendations of the Governor. This vote shall require 71 votes. Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? 09500285.doc 5  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 The Clerk shall take the record. On this question, there are 110 people voting 'yes', 0 voting 'no'. The Motion, having received a Supermajority, House Bill 824 is hereby declared passed, not withstanding the specific recommendations of the Governor. Mr… Mr. Clerk. Mr. Clerk."

"Mr. Lang. Mr. Lang, do you wish to call House Bill 953? Mr. Lang."

"Thank you, Mr. Speaker, Ladies and Gentlemen. I move to override the Governor's Amendatory Veto of House Bill 953. This is a Bill, Ladies and Gentlemen, that was worked on for a very long time. And may have that… I think passed this chamber unanimously or close to unanimously, which would have allowed folks to make sure that when they went to see a marriage and family therapist in the same way they would see a psychologist or psychiatrist, that it would be covered by insurance in the same way that those other providers were covered. The Governor took the opportunity to amend this Bill with significant language regarding the coverage of autism. And while I commend the Governor's spirit and while I support what the Governor wants to do and indeed am preparing to propose legislation to do 09500285.doc 6  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 exactly what the Governor's has proposed to do, I move to override because the Governor has broadly overstepped his authority under our Constitution. And no matter how we feel about the families with autistic children and I know most of us feel strongly about it and no matter how desperate we are to find better help and aid and support and coverage for these folks and I know most of us are, we must still insist that we follow the Constitution of the State of Illinois. We must not allow the Governor to, in essence, run amok and become a super Legislator over all of us. If he wants to be here and be a Legislator he ought to run for the State Legislature and as I recall, he was here and had a chance to do this while he was here. And so while I support the Governor's goal, I cannot support the way he's done this and I will have to explain to these families why I'm opposed to this on constitutional grounds, and I ask you to support me in this Motion."

"Representative Hamos."

"Will the Sponsor yield, please?"

"Sponsor yields."

"Representative Lang, we were here just a few weeks ago, I believe, it's hard to keep track of our time and we had before us on that day two (2) Amendatory Veto Bills and one of them took this exact concept of insurance coverage and we added to that, if you remember, a new provision to allow dependent coverage up to the age of twenty-five (25). Do you remember that?"

"I do."

"So, did you support that at that time?" 09500285.doc 7  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008

"I'm sorry, please ask your question again."

"Did you support that Bill?"

"I did, but at that time the particular Amendments the Governor did at that time, while very broad, were germane to the issue of dependent coverage. This Bill… the autism coverage the Governor has provided is not in my opinion germane, while it still amends the Insurance Code, they are not related."

"Well, I… I think I'm in kind of a quandary here because I do support the concept, not the process, but certainly the concept of coverage for autistic families is something we hear about over and over again. And I think it's difficult to have some consistency between two (2) different… between two (2) Bills that look a lot alike in some ways, try to do the same thing in terms of germaneness and how do we explain back home that we were able to support one but not the other for autistic services?"

"Well, Representative, I just gave you the reason. On the previous Bill, the changes were germane and right on point and while I thought overly broad, I drew the conclusion that at least they had some relation to each other. In this case, they do not. And again, I agree with you that what the Governor's proposing here is something we would like to do. As you know, we had Bills on the floor this year relative to autism coverage which I support and will continue to support and if I'm successful on this Motion, would invite you to Sponsor with me stand-alone Bills to do this. But at some point, we have to stand on principle on this floor, and at some point we have to speak 09500285.doc 8  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 up for the Constitution of the State of Illinois. If we're going to allow the Governor to rewrite our Bills any way he wishes, anytime he wishes, perhaps we don't need the 118 of us who are here. Now I know there are some who really don't like government much and really don't care about the Constitution, who would say, well sure, let's do it without the House of Representatives. Let’s let the Governor make all the decisions. But I’m not prepared to do that and in your heart of hearts I don't really think you are either."

"Well, no, but I think that we are dealing with… these are strange times. So we're trying to do the best we can to enact public policy and this is one of those important public policies. Now, do you remember why the two (2) different versions of autistic Bills did not pass in the first place? Why they did not get to the Governor's desk?"

"Well, as I recall, Representative, there were some procedural issues in those Bills that dealt with Amendments that were added to them. The bottom line is, they did not get to the Governor's desk. Perhaps, we should all work a little harder to make sure they do."

"Well, but that's the point here, is that when you say to me and to all those families out there who are waiting for this public policy to be enacted, well let's just reintroduce a Bill and why don't you be a cosponsor, that all sounds great, except we already passed two (2) Bills unanimously, if I remember, and we still could not get them to the Governor's desk. And unless a lot of dynamics around here change, we're still not going to be able to 09500285.doc 9  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 pass those Bills, even if you Sponsor it and I'm cosponsor. So maybe this is the only opportunity we have in the State of Illinois to do the right thing for the parents of autistic children."

"Well, I'm certain, Representative, that the parents of autistic children will agree with you and it's going be a very difficult sell back home, but the bottom line is, that I'm not prepared on my Bill, if you're prepared to do it on your Bill, go ahead and make your Motion. I'm not prepared on my Bill to allow the Governor of the State of Illinois to be a Legislator. I'm prepared to allow the Governor to be the Governor. And if he wants to follow the Constitution I'll be happy to work with him all day long and I would invite him to come to my office to work with me on the issue of how we help families with autistic children. In my view, this is not the way to do it."

"Mr. Black. On the Motion, please, Mr. Black. Mr. Black on the Motion."

"Please proceed, we're all waiting to hear from you."

"Sponsor yields." 09500285.doc 10  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008

"Well, as you may have seen on the Calendar, Mr. Black, I filed two (2) Motions on this…"

"…Bill, one to accept, and one to override. The Motion to accept is still in Rules. The Motion to override is on the floor and I indicated to the Speaker that the underlying Bill, to help those who need marriage and family counseling to be able to get insurance coverage for that, it's so important that I was prepared to have this fight on the floor over this issue."

"Well, I believe I'm a cosponsor of that Bill and I will certainly do all I can do to get that to move through the process. Let me also add that I'm a strong supporter of those families and if I could… if I thought that there was an appropriate constitutional way to do what the Governor's doing here, it wouldn't bother me at all to be the hero for 09500285.doc 11  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 those families. I just don't think it's the right thing to do, Sir, and I don't think you really think…"

"…the Governor legislating from the second floor of this building is appropriate either."

"Representative Lang moves that House Bill 953 do pass, notwithstanding the specific recommendations of the Governor. The vote shall require 71 votes. Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? The Clerk shall take the record. On this question, there are 84 people voting 'yes', 29 people voting 'no'. The Motion, having received a Supermajority, House Bill 953 is hereby declared passed, notwithstanding the specific recommendations of the Governor. Representative Mulligan, do you wish to call House Bill 1533? Representative Mulligan."

"Representative Mulligan moves to accept the specific recommendations of the Governor, relative to House Bill 1533. This vote shall require 60 votes. Those in favor… those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Please record yourselves. Please record yourselves. Please 09500285.doc 13  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 record yourselves. The Clerk shall take the record. The Motion, having received a Constitutional Majority, the specific recommendations of the Governor as to House Bill 1533 are accepted. Representative Coulson. Representative, one second. The Chair recognizes the Clerk."

"Representative Coulson on House Bill 3286."

"The Lady moves to accept the Amendatory Veto on House Bill 3286. The question is… this vote shall require 60 votes… and the question is, those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 113 people voting 'yes', 0 voting 'no'. The Motion, having received a Constitutional Majority, the specific recommendations of the Governor as to House Bill 3286 are accepted. Representative Currie on Senate Bill 2595." 09500285.doc 14  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008

"Thank you, Speaker, Members of the House. I move adopt… First of all, can we move this Bill back to Second Reading for purposes of an Amendment?"

"Mr. Clerk, put the Bill on the Order of Second Reading. Mr. Clerk, are there any Amendments?"

"Amendment 2."

"Thank you, Speaker. I move adoption of Amendment… can we… can we adopt both of the Amendments and then debate the Bill on Third?"

"Yeah. The question is, those in favor of adopting Amendment #2 say 'yes'; those opposed say 'no'. The 'ayes' have it. Amendment #2 is adopted. Are there any further Amendments?"

"Representative Currie moves that Amendment #4 be adopted to the Bill. All those in favor say 'yes'; those opposed say 'no'. The 'ayes' have it. The Amendment is adopted to the Bill. Are there any further Amendments?"

"Put the Bill on the Order of Third Reading and read the Bill for a third time."

"Representative Currie." 09500285.doc 15  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008

"Thank you, Speaker and Members of the House. It's been almost ten (10) years since Illinois engaged in a major capital program. And in the meantime, our roads and bridges are crumbling, our school buildings need help and mass transit is grinding to a halt in the northern part of the state. Seventy-five percent of our roads were last repaired forty (40) years ago, more than forty (40) years ago, and they only have a forty-year life expectancy. More than three hundred (300) school buildings are waiting for help for a price tag of about $8.2 million ($8,200,000). The Transportation Coalition for Illinois tells us that our roads and bridges need more than ten billion (10,000,000,000), mass transit needs more than ten billion (10,000,000,000) as well, not including moneys for rail passenger and for airports. The solution to the capital program, at least twenty-five billion (25,000,000,000) of it, lies in Senate Bill 2595. While many of us have searched hard and long for a revenue source for capital that we think meets the needs of the people and is appropriate to the task, we've come to this point, here we are on September 10, 2008, and there seems to be only one game left on the board, one item, one program on the table and that program is trying to embark upon a long-term lease of the state lottery to fund capital improvements and to make sure that the education system in Illinois continues to access some six hundred million dollars ($600,000,000) a year. The program before you in Senate Bill 2595 is essentially very like that which the Senate sent to us some months ago, that is to say it provides for a lease of the 09500285.doc 16  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 state lottery of at least fifty (50) and no more than sixty (60) years, the price tag has to be at least ten billion dollars ($10,000,000,000) and we will make sure that the proceeds go into both the Capital Fund and the School Education Fund. We have made some changes to that Bill here in the House. For example, we've added a great deal of transparency and accountability. Under this proposal, the decision who will be the concessionaire who will lease the lottery will be a joint decision by the Governor, the Comptroller and the Treasurer, similar to the way today we decide whether or not to embark upon short-term state borrowing. There will be a great deal more accountability in the Bill because we will beef up, we will enhance the requirements and the responsibilities of the State Gaming Board to provide continuing everyday oversight of the disposition of the lottery, both with respect to the operator and to the concessionaire who actually has entered into the long-term lease. We will see to it that there are opportunities for participation in the construction projects by members of minority groups, by women, and by the disabled. And we will make sure that there is a community development project going on at each local project level that will help sustain the participation of individual workers who are women, members of minority groups, the disabled and who are of low income. We will constrain the operation of the lottery so that the games we approve are the games that are played. We will make sure that the lottery is not advertised intensively and overwhelmingly in low-income and minority communities. We 09500285.doc 17  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 will, at the end of the day, see to it that the projects that we approve will be listed individually, will be projects specific, not lump sum appropriations. I would be happy to answer your questions. As I say, I think we've come to the point when if we care about those crumbling bridges, the 'L' cars that need help, the school buildings that are in trouble, the only appropriate vote on this measure that provides the revenue to fix those problems would be a 'yes' vote."

"Mr. Black."

"Sponsor yields."

"That is correct."

"And should there be an effort to extend the lease which is possible under this Bill, it could… there could be an extension in five-year increments. There would have to be some… something given…"

"…by the concessionaire for that to happen and it would require approval by the General Assembly."

"Well, first of all, Representative, the Bill specifies that seven billion (7,000,000,000) would go into a Capital Construction Fund, three billion (3,000,000,000) would go into a Education Trust Fund. If the lottery brings in more than ten billion (10,000,000,000), then more dollars will go into the Capital Fund and more would go into the Education Fund. When it comes to spending, the spending decisions will be made if and when a lottery lease happens. We could be six (6), nine (9), twelve (12) months from finding out whether anyone's willing to take a gamble on the Illinois State Lottery. And it would seem to me inappropriate to start spending money that we don't have. If this does happen, then we will have plenty of opportunity to figure out how we want to spend the proceeds at a time when those proceeds are available, at a time when priorities will be the priorities of tomorrow, not the priorities of yesterday."

"Once we have the money we can start spending it. I will tell you though, Representative, that in this Bill the provisions of your House Bill 5152 are included, and what that says is, that to the extent we're talking about highway money, the money will be spent 45 percent in District 1, 55 percent in the other highway districts. This reflects the traditional spending differences between and among those districts and it is… it follows exactly the Bill you introduced…

"…and passed in the House earlier this spring."

"The six hundred million (600,000,000) is a floor, Representative, but it would not automatically grow. That decision would be a decision for the Legislature to make on a… an annual basis. And as you point out, we spend about five (5) times as much money on public education as comes in from the lottery, so it's not as if we're stuck at a six hundred million (600,000,000) contribution on a yearly basis."

"You can tell them that it'll be six hundred million dollars ($600,000,000) as a floor from the lease of the lottery. That you can tell them. And remember, we're going to put three billion (3,000,000,000) at least, perhaps more than that, into the Education Trust Fund. If the state's 20 percent share of the lottery lease profit is not enough to meet six hundred million (600,000,000), and I doubt that it would be in the first year or two (2), you can use not only the interest from the Education Trust Fund but also some of the principle to meet the six hundred million dollar 09500285.doc 21  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 ($600,000,000) commitment. And that's the word I would use, Representative, it's a commitment."

"It's a statutory commitment, Representative."

"That money it will be appropriated. The money that goes into the Grow Illinois Fund will be appropriated by us in a project specific fashion."

"No."

"That would be appropriated…"

"…by us…"

"…but it would be appropriated directly to the RTA rather than…"

"…through another agency."

"That will be an appropriations decision…"

"…like all the other appropriations decisions."

"We're creating something new here, and the idea would be that there is some money from the overall proceeds of the Illinois… the Grow Illinois Fund that would go into a special fund to distribute to those who win projects that meet goals in terms of making the workforce accessible to and participatory for members of minority groups, low- income people, women, and the disabled."

"It would…"

"It would be the Executive Branch, it would be the Illinois Department of Transportation."

"Mr. Eddy."

"Sponsor yields."

"It was… actually it was million dollars ($1,000,000), not billion (1,000,000,000), Representative."

"And… and you're right. And what this does is, just say there will be a floor of six hundred million (600,000,000). Remember that we spend, what, 2.5 billion 09500285.doc 26  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 (2,500,000,000) altogether on public education? The lottery proceeds are a small slice of what we give to public education in the State of Illinois. This Bill will guarantee that there will be at least that six hundred million (600,000,000) floor from this source going forward."

"And we can do that by virtue of the trust fund on the one hand and the 20 percent of the lottery profits that we, as a state, are entitled to on the other. And I can show you the map. We believe that this will work…"

"…so that there will be six hundred million (600,000,000) available on an annual basis. We can, of course, choose to increase the money coming from our share of the lottery at any given moment. And as I say, we put quantities of General Revenue Funds into public education as… on top of. More than the six hundred million (600,000,000) that's at stake here."

"Well, it depends…"

"It depends on what year. Some years the lottery brings in more… 09500285.doc 27  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008

"…sometimes it brings in less. So we took six hundred million (600,000,000)…"

"…as the absolute floor."

"We figured that was a safe…"

"…reasonable amount."

"If the interest is not enough and the 20 percent together…"

"…do not amount…"

"…to six hundred million (600,000,000)."

"No, I think… I think the commitment there is absolutely real. Remember, too, that we've given the Treasurer expanded investment authority just to ensure that the moneys that we need will be there."

"Nothing's certain but death and taxes, Representative. But let me tell you, that it seems pretty clear to me that if somebody out there's willing to spend ten, twelve or fourteen billion dollars ($10,000,000,000-$12,000,000,000- $14,000,000,000) to lease our lottery, the chances are good that our 20 percent take is going be worth a whole lot of cash. So, in addition to the money and the three or four billion dollar ($3,000,000,000 or $4,000,000,000) Education Trust Fund, remember that that 20 percent share is likely to grow." 09500285.doc 29  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008

"There's federal match, there's local match, there's a longer-term plan, some of the money could be bonded. It be… not all be pay-as-you-go. So generally speaking, that's the way we do a capital program that is worth more than the amount that the state itself is putting in. You've heard about federal earmarks, I suspect?"

"Well, that would be an example of additional money that will be coming in to help support a capital program at twenty-five billion (25,000,000,000)."

"Well, there isn't, in fact, in the Bill, there's no discussion of pay-as-you-go versus bonding. And generally speaking, in our highway program we do multi-year plans, we do some bonding, so I'd not be surprised if we did that here. If you're talking about general obligation bonds that would require a Supermajority Vote; if we were talking about revenue bonds, it would not."

"The plan is… the plan is pay-as-you-go. But Representative, you'll be consulted when we get to the spending side of the equation. We welcome your ideas."

"No."

"It's every… everything will stay with the… Now, someone said that we should, as the Legislature, approve the contract. That's an Executive function and that's why 09500285.doc 31  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 we've given it to the Governor, the Treasurer and the Comptroller. But when it comes to awarding the grants under this Bill, that would all be done by Executive agencies."

"No, no, no. I'm saying that there will be a spending Bill but the actual awarding of contract is done by Executive agencies."

"So we would specify a project, the EPA for example, would go ahead and fix the sewer in Monmouth, right?"

"That's the way we do business."

"The Executive includes the Governor, the Secretary of State…"

"…the Treasurer, the Comptroller. Those are all…"

"…part of the Executive Branch."

"So I’m not sure what your question's about." 09500285.doc 32  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008

"Good, good."

"That'll be… it'll be determined by the Legislature when we get to the spending side. I should imagine that there might be some who feel more comfortable with that office then with one of the other constitutional offices but that's a decision that will be made down the line on the project's specific basis that will be the spending side of the Bill."

"No."

"Representative, we've taken their Bill, this is their Bill. We have made what we think are improvements and 09500285.doc 33  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 refinements, I can't imagine that they would find anything objectionable in this Bill. In fact, I would think they would congratulate us for turning a Bill that maybe lacked some transparency, some accountability, into a Bill that should give great comfort to the citizens of this state that their money is well managed, their assets are given full value and full weight."

"Well, I'm sure people have had a chance to see this… this… these Amendments."

"Because it's an Executive function to sign a contract and we are not the Executive. This is called Civics 101. We are the lawmaking branch of State Government and we have given the authority to sign the contract, not to just one member of the Executive Branch, but in order to make sure things are transparent, are accountable, we have asked the Treasurer and the Comptroller to agree with the Governor on the question who shall be the concessionaire, who shall be the operator? What more do you want?"

"Yeah, but…"

"Represent… if this…"

"If this were a study Bill, of course we'd have to come back and decide whether to go ahead and offer a lease. This is not a study Bill."

"This is a Bill that says…"

"…let the administration enter into a lease agreement if it can be for this length of time, for this price and if the person who leases it can meet the accountability standards set by the Governor, the Treasurer and the Comptroller."

"I knew you'd be grateful."

"Mr. Hoffman."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. If I… if I could just address the Bill for a second. First of all, the concept… the concept of leasing the lottery was part of a comprehensive capital Bill that passed the Senate recently, was signed off on by the… and voted for by the President of the Senate, the Governor agreed to it, the Poshard-Hassert Coalition… Illinois Works Coalition agreed to it. I believe Republican Leader Cross as well as Leader Watson agreed to it. Unfortunately, we didn't get that Bill called here in the Illinois House. So the concept of the leasing or… of lottery in order to help fund capital, yet ensuring the money goes to education, I believe is a sound one. Are there some problems with the drafting of this Bill, yes, there are, but at the end of the day, I believe that should part of any jobs program. So what's wrong with this Bill? It's not a capital Bill, it's not a jobs Bill. I voted for Illinois FIRST, I worked for Illinois FIRST, but on the same day we provided for the funding, we provided for the jobs. The problem with this is, where's the beef? There's no jobs. There's no economic development. There's no economic opportunity. 09500285.doc 36  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 There's… you don't know, when you vote for this, if eight (8) or nine (9) months from now, there's going to be a shovel in the ground in your district. You don't know if the new Mississippi River Bridge is going to be funded. You don't know if Route 29 expansion’s going to be funded. You don't know if the Illinois State University Fine Arts Center is going to be funded. You don't know if the University of Illinois, the buildings that they need, like Lincoln Hall is going to be funded. You don't know if Route 13’s going to be funded. You don't now if the Galena bypass is going to funded. You don't know that one job is going to be created. That's the problem. Now, some would say you would be appropriating on the if come of us selling the lottery for ten billion dollars ($10,000,000,000), but at least you would be making the jobs subject to this Bill. If you're going to pass a jobs Bill, provide for jobs. Now, I was in Denver, I was there. I enjoyed the hug. It was sweet. Even I got an embrace. Even I got an embrace from the Speaker. Something I'll cherish for the rest of my life. But let me tell you, let me tell you, it's time if we're going to embrace something, let's embrace a real jobs program. Let's embrace an economic development program. Let's… let's embrace, roads, bridges, educational opportunities. Let's just not have an embrace at high altitude, let's really create jobs, for people in the State of Illinois. Now… now, we can stop this political bickering, this isn't hard to do. Let's sit down, let's get together, let's create a jobs program. First of all, we can have the lease of the lottery be part of that jobs 09500285.doc 37  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 program. This isn't the way to do it without a spending program. Secondly, we should use the existing balances in the Road Fund to create jobs now. The great roads and bridge jobs now. It was part of the Senate Bill we all agreed on. Let's create jobs now by increasing the bonding authority, putting people to work today, backfilling it with the lease of the lottery, creating a jobs program now. This today is a folly. It's a sham, because at the end of the day it's a scam. Because at the end of the day, we're not creating jobs, we're providing for an ability to potentially lease the lottery, to potentially create jobs later. Let's put aside the partisan bickering, let's put aside the inter-Party bickering, let's sit down, let's get this done for the people of the State of Illinois. Let's do it today. Now, I read where the Republican Leader yesterday said we should have this done and a true jobs Bill done by October 1. I would say, let's do it before that. Let's get it done by September 15. Let's start today, let's line item every project out. Let's put it in a Bill, let's make sure people are comfortable with it. Let's do the lease of the lottery. Use the historic balances in the Road Fund and let's create jobs for people in Illinois now, not ten (10) months from now. Let's… I’m voting 'no' on this Bill only because, only because, I believe this isn't a jobs Bill. It's not like Illinois FIRST. It's not putting one single person to work except maybe consultants and lawyers who are going sell the lottery. Let's put people… let's put our bickering aside. Let's, today, make a commitment for jobs and economic 09500285.doc 38  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 development and doing it the right way now, not later to create jobs in Illinois."

"Mr. Tryon."

"Sponsor yields."

"That's exactly right because traditionally we do not approve contracts, those are done by the Executive Branch."

"Well, it is a contract, would you agree? This is a contract. A contract…"

"…between the state and a concessionaire…"

"…to lease the lottery for at least ten billion dollars ($10,000,000,000). What would it be if it's not a contract?"

"It's a contract. It's a contract and it's not our job."

"Mr. Winters." 09500285.doc 40  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008

"Sponsor yields."

"Well, I expect the Governor has. We've been making assumptions between 6 and 9 percent. You'll note that we've given the Treasurer expanded investment authority with respect to the Education Trust Fund. And the state's 20 percent, I'm not sure six hundred (600) is the right basis. They… they… the total profit will be the six… the 20 percent. And remember that we anticipate that… the value of that percentage will grow. If it doesn't grow, whoever leases this lottery has certainly leased a pig in a poke."

"'Cause you wouldn't spend that kind of money if you thought that we were going to be stuck in the six hundred million dollar ($600,000,000) mark."

"Similar to those that are allowed to the state pension systems, not identical but similar."

"You know, this is always possible, right? No question about it. Some people thought the whole idea… the Governor's whole proposal to lease the lottery, maybe wasn't a very sound one. But I think we're moving forward because there is no other game in town and only time will tell. It'll be some time, it won't happen tomorrow, but my only guess, looking at the numbers, is that it should absolutely work to make the six hundred dol… six hundred million dollar ($600,000,000) payment on an annual basis. Given that we spend more money on public education from one year to the next, never mind the lottery is flat, I'm not worried that this General Assembly or any future General Assembly will leave the school kids in the lurch."

"Our numbers actually are based on 6 percent. We're more conservative than you. Think about it."

"But in any case, again, I just reiterate that there is principle that can be used during the years when the state's share…"

"…of the lottery profit is not enough to fit the bill."

"We actually… actually we believe that the state's 20 percent is worth more like two hundred twenty million (220,000,000), so if the hundred eighty (180,000,000) is right you're already…"

"…you're already at four hundred million (400,000,000) so you don't have to do much invasion of principle in that 09500285.doc 43  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 year in order to meet the six hundred million (600,000,000)."

"Well, I have to say that if you look at the out years, there's no question the 20 percent will do the job."

"Mr. Sullivan. Mr. Sullivan. Thank you for putting your coat on."

"Sponsor yields."

"It's… it's actually… it’s the gross revenues from the lottery."

"Yes."

"I believe that our numbers, and again, we're using conservative figures. I believe that we think that the trust fund would last about twenty (20) years, twenty-five (25) years, maybe even thirty (30). But we believe at that point the state's share of the gross, the 20 percent of the gross, would have to be enough to cover that sum because if not, then the person who leased the lottery didn't know what he or she was doing."

"I think it's a little less than 3 percent. And I would say that our lottery does not grow as quickly as lotteries in some other states."

"We never give up control, we will have strong regulatory oversight…"

"…over the operations of the lottery."

"But actually…"

"Two hundred twenty (220,000) is the amount that you should be using, not a hundred twenty (120,000,000), and in addition, the expected growth would be 6 percent a year over at least the next ten (10). Don't know that I can project further than that."

"Because we're talking about gross, not the… just the profit."

"Mr. Lang."

"Thank you, Mr. Speaker, Ladies and Gentlemen. I rise in support of the Lady's Bill. Sometime ago, I guess a year or more ago when the proposal to lease or sell the state lottery came before us, I was opposed to the idea. I was opposed to the idea because I felt the public policy of the state required that we not sell a long-term asset for a short-term gain. And I still would prefer that we not do this. However, we have other problems in our state today, other current facts that have to be laid upon our issues, our concerns about public policy as it relates to the sale or lease of the lottery, and of course, that would be our need to have capital. A hundred and seventy-seven (177) Legislators, both Parties, both chambers, all of us, all of us agree we need a capital Bill and we've been unable to find a mechanism to get there. We've been unable to find a mechanism to pay for it. We've been unable to agree on how we should go about getting from point A to point B let alone to point Z. And so as time has passed, I have reanalyzed and rethought my position on this. There are certainly other ways we could create revenue. We could provide an additional shot through gambling and perhaps we should continue to look at that. We could, of course, 09500285.doc 48  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 raise taxes, there's a number of things we could do. But in the end and for today, it seems that the only thing that we can do is this. And so while I would prefer to do it another way, this is what we have before us. The plan that was originally proposed by the Governor a year ago and by the Governor and the Senate this year, was a flawed plan. A plan that I did not think was deserving of our support. Today we have before us a piece of legislation that is well thought out. Again, you can argue with the idea that we should or should not sell or lease the lottery. And you can wrestle with it as I have, but once you form the conclusion that we must do something to be able to step forward and provide for billions of dollars of infrastructure needs for our state to put people to work, to provide for economic development, et cetera. Then when you take a look at this Bill, it's appropriate to take a look at the provisions that make it better. The Majority Leader's done an excellent job outlining why this is better, through a new gaming board, through transparency, through the limiting of brokerage fees and attorney's fees, through the joint efforts of the Governor, the Comptroller, and the Treasurer. Through the idea that someone other than the Governor, who we don't trust, might be the person who signs off on our projects, and ensures that every region of the State of Illinois will get a fair shot at their need for a road or a bridge or a school or a library. Ladies and Gentlemen, this is a well thought out and well constructed Bill. And while have… some have argued it won't provide the dollars we need today or tomorrow, it's a Bill that 09500285.doc 49  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 will get us where we want to go in the fullness of time. It's a Bill that'll get us where we want to go with fairness and transparency. It's a Bill that is well crafted. It's a Bill that is far better than the proposals that have been before us. And so again, while I say, yes, I opposed this concept previously, and I would prefer to go other directions, today this all we have. And if we're going to say, as many on the other side of the aisle did a few months ago, let's pass a capital Bill, we'll do anything to pass a capital Bill. We've got to pass a capital Bill. The needs are immense, the needs are today, the needs are great. This is what's before us. And this is a well crafted piece of legislation designed to get us there. I would urge your 'aye' vote."

"Mr. Reis."

"Sponsor yields."

"It has not, but at least ten (10) or fifteen (15) other states are looking seriously at this issue. And like the operation of an airport or a skyway, the operation of a lottery is not a core state function. So most analysts would say that there's nothing wrong with leasing an asset of this sort." 09500285.doc 50  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008

"We're willing to look at anything. The only thing that I would say is that if you're talking about an Executive function, if you're talking about an actual award, that's not within our province."

"I'd be happy…"

"…happy to look at that."

"And we will share…"

"…our numbers with you, because we think your numbers are wrong."

"I said we think your numbers are wrong. We think you've underestimated the return. We believe that in the hands of the lottery operator and concessionaire, the lottery will increase earnings more quickly than your estimates tell you."

"Mr. Cross."

"Sponsor yields."

"Well, first of all, we passed a Bill just a few weeks ago with your help…"

"…that if the Senate were to act would make sure that those federal earmarks come to the State of Illinois. In this Bill, you're right, this is not a spending Bill. This is a Bill to raise the revenue in order to spend money for a capital fund. As you know, this Bill is not self executing. There's no money in this Bill and there will be no money in this Bill unless and until such time as there is a lease of the state lottery. That could take months. I'd love to put a shovel in the ground tomorrow right with you, I'd love to, but there is no way that we have money to do that under this Bill, under any Bill we pass today. It's going to take months to do the arrangement. And the worst thing we could do to the people of the State of Illinois is to say, here comes your capital construction program, start breakin' out the shovels, break out the champagne, everything is hunky-dory, it's not true. It would be a lie; it would be total hypocrisy to say here's the money to fix your schools when we don't even know if the money will ever come in."

"Representative, I'm prepared to spend the money as soon as we have it. If we've got the money, let's spend it. The highways need it, the 'L' trains need it, the schools need it, the community colleges, the public universities need it. I’m prepared to dig that shovel in the minute the cash is in hand."

"Whenever that happens, maybe it'll be the day after tomorrow."

"Yeah, Representative, we could do that in the ordinary course of things when we know we have sales tax collections, income tax collections, we might differ as to whether they're going bring in ‘x’ or…"

"But you can't do it with this…"

"…because we don't know…"

"…we don't know whether…"

"…anybody is going to…"

"We don't know if anybody out there…"

"…is serious about taking us up on this offer. And it would be real disservice to start spending money that we don't have, that we may never, ever get."

"Representative, apples and oranges, yes. We know sales tax is collected. We know the income tax is coming in. We know fees are on their way. We may differ as to exactly how much they will bring in, because you're right, we don't know. But here there is a fundamental issue, we don't know whether we're going to get anything at all. This could be worth zero, it could be worth zero or it could be worth seven billion dollars ($7,000,000,000) for capital."

"There's nothing in-between."

"We shouldn't start spending the money…"

"…until we know we've got it."

"This is a revenue Bill available…"

"…if it works, to fund a statewide capital program."

"Yeah, it did. It did."

"But we did have experience with the riverboat gaming industry…"

"…we knew that there was takers out there."

"We don't know if… And again, Representative, the minute, the minute the lease is approved, let's come right back here, let's get to work, let's do the spending plan. I’m totally with you on that."

"But I'm not prepared to spend money we don't have and may never get."

"We've taken the Senate Bill. We've made some major improvements, major refinements."

"And Representative, a month ago I told you we were working on the lottery lease and I asked if we might talk to you."

"You suggested we talk to staff and so we've begun that…"

"…but late."

"I don't know."

"I don't know."

"All… but I do know is that…"

"Well, I don't… I don't understand. Is this… is this relevant to the Bill? I don't think so."

"We have a substantive…"

"I was in a meeting…"

"I was in a meeting with you and the Governor and the Governor said let's not talk about gaming anymore, let's talk about leasing the lottery. And that's what we're doing, we talking about…"

"…leasing the lottery. We've taken the Senate Bill, a Bill that passed that chamber, we've done some tweaks, we've made some refinements, we've made some improvements. I don't see any reason to think there's anything about our proposal that should give pause to the Governor, to the Members of the Senate, to anybody else."

"We offered…"

"Let me just remind you, we asked you to help us with this enterprise."

"Mr. Franks." 09500285.doc 63  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008

"Thank you, Mr. Speaker. It's tough to follow my esteemed colleague and the Minority Leader after… after that. I disagree, though, with him that he's saying the Majority Leader isn't serious. I… I believe she's serious. I think the Leader might be a day late on this. I… I do, however, agree with much of what he said to the extent that this is not a jobs Bill and this is not a capital Bill. And I think… and I talked in caucus today about this, and I think we have to ask ourselves what is a philosophy that we want to have as a Legislature as it pertains to the lottery. There was a very interesting article in this month's Governing Magazine for those of you that had a chance to read it, and it was about other states and talking about what they're doing with their lottery. And the… the title of the article is Turning the Lottery Loose. Many other states are looking at the same issues as we are, California primarily, as well as Virginia. So we have to ask ourselves, is our philosophy when it comes to the lottery to use it as a supplement for our education funding to the tune of six hundred and fifty-five million dollars ($655,000,000) a year as it was last year… or six hundred and fifty-seven million dollars ($657,000,000) a year, or whether we want to turn the lottery into an explosive way to gain additional revenue from the citizens of our state? Do we want to increase the number of players and also increase the amount of money that we are taking from each of our citizens who play? We have to first answer that question before we go forward. Now, the lottery numbers came out on Monday and it had a record fiscal year in 2008 09500285.doc 64  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 with more than two billion dollars ($2,000,000,000) in sales. Much higher return than what the Governor is saying the lottery has done. This year, it was two billion seventy-eight million dollars ($2,078,000,000) in sales. That contributed six hundred and fifty-seven million dollars ($657,000,000) to the Illinois Common School Fund. And they also raised two and a half million (2,500,000) for Illinois veterans, 1.4 million (1,400,000) for breast cancer, and 1.1 million (1,100,000) for AIDS charities. Now we have to look at how our lottery is run while we're voting on this Bill, because this Bill is only about the lottery lease, nothing else. Because there's no line items, there's no capital, there's no jobs, this is all about the lottery lease. Now understand, other states run the lottery differently than Illinois. I was fortunate enough to be able to chair our Committee of the Whole last July on this issue on whether we should sell the lottery at that time. At that time, only 7 individuals voted for it and 97 voted against it. This Bill, though better, is not that much different. Understand that the State of Georgia, for instance, has a return at over two (2) times the per capita return that we have here in Illinois. Okay? Having understood that and we received six hundred and fifty-seven million dollars ($657,000,000) this year for education. The numbers that are being floated just don't add up. They sound too good to be true because they are. The only way that anyone who is to lease the lottery is going to have the kind of return that they need to pay the six hundred and fifty-seven million dollars ($657,000,000), to pay 09500285.doc 65  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 their cost of bonds when they purchase this and also to have some type of profit, is that they are going to have to double the return on the lottery at a minimum. Now, last year the lottery instant games netted $1.1 billion ($1,100,000,000) or 53 percent of the total sales. So those numbers would have to about double. Let's assume for the sake of argument that that could be done. Why would we be selling an appreciating asset that grew 2.8 percent? When you see other companies in this country, the Dow Jones is down significantly; it's down double digits this year. We have an appreciating asset that is underperforming. So, if we're able to create six hundred and fifty-seven million dollars ($657,000,000) this year, if we changed it like Georgia did, if we wanted to keep this asset, we'd be able to return $1.3 billion ($1,300,000,000) a year. Why we would ever sell an appreciating asset and give up the upside is beyond me. What we ought to do, if it is our philosophy to try to maximize the return on this… in this asset, is that we should hire people and run it for us and change the law if necessary to increase the return. But to sell this asset or lease it, 80 percent of it for fifty (50) years, makes absolutely no economic sense. The numbers here don't add up. I'd ask for you to vote for this Bill only on the merits of this Bill not on a promise, because we haven't seen any line items. We don't know if there's any capital, we don't know if there's jobs. This is a Bill to sell an appreciating asset. I'm going to be voting 'no'. I’m going to ask you to do the same. Look at the numbers. When you look at them honestly you will 09500285.doc 66  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 understand that they don't add up and that we should be keeping this and having it run much better."

"Mr. Joyce."

"Thank you, Mr. Speaker. I move the previous question."

"The Gentleman moves the previous question. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The Chair recognizes Representative Currie to close."

"Thank you, Speaker and Members of the House. This measure's much improved from the version that came to us from the Senate. Strong ethical provisions, strong regulatory oversight, concurrence of the Treasurer and the Comptroller in the decision to lease the lottery. Yes, we don't spend the money yet, because we don't have it yet. But I'll be the first to help all the rest of us roll up our sleeves and start those shovels going. We care about the capital needs of the state, the eight billion (8,000,000,000) the public schools need, the three billion (3,000,000,000) for public colleges and universities, ten billion (10,000,000,000) for transit, ten billion (10,000,000,000) for highways. Vote 'yes'."

"The question is, 'Shall this Bill pass?' The vote shall require 71 votes. Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 75 people voting 'yes', 38 people voting 'no'. This Bill, having received the Supermajority Vote, is hereby declared passed. Mr. Clerk." 09500285.doc 67  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008

"Mr. Hannig, on Senate Bill 790. Mr. Hannig, on Senate Bill 790. Mr. Clerk, what is the status of the Bill?"

"Mr. Hannig, on Amendment #2."

"I'd like to withdraw Amendment #2."

"Amendment #2 is withdrawn. Are there any further Amendments?"

"Mr. Hannig, on Amendment #5."

"Yes, thank you, Mr. Speaker and Members of the House. Very briefly, the underlying Bill is a sweeps Bill. This would exempt the bankers. It would exempt the A.B.A.T.E. people and it would exempt the fire people from the fund as discussed in committee. So, I'd ask for its adoption."

"The Gentleman moves for the adoption of the Amendment. Those in favor say 'aye'; those opposed say 09500285.doc 68  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 'no'. The 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"

"Mr. Hannig."

"Yes, thank you, Mr. Speaker, Members of the House. This would exempt the Conservation 2000 Fund from the sweeps, and I'd ask for its adoption."

"Those in favor of the Amendment say 'aye'; those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Are there any further Amendments? Any further Amendments?"

"Put the Bill on the Order of Third Reading and read the Bill for a third time. Put the Bill on the Order of Third Reading and read the Bill for a third time."

"Mr. Hannig."

"Yes, thank you, Mr. Speaker and Members of the House. As this Bill came over from the Senate, it would have provided that the Governor could sweep up to five hundred and thirty million dollars ($530,000,000) from any fund that he desired at any time. And the history and tradition in our chamber has been that we try to work with the Governor to find additional money during difficult times, but we want to identify the fund and we want to identify the amounts. So we came up with a proposal that we thought 09500285.doc 69  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 fairly dealt with the needs that we had available, that is the moneys that we had available and the needs that we were facing. And we asked the staff to take a look at these dedicated funds that exist and a look at those that are growing and to look at those that seem to have more money than they need for… in operations of the year and those that seem to have enough balance that they're worth sweeping. And so, we came up with a number of Bills that we presented to the Appropriation Committee just earlier today. There was objections in the committee, primarily on the Republican side of the aisle, about our efforts to sweep money from the banks and trust, credit unions, from the Fire Protection Fund and from the fund that deals with motorcycle training. And after a lot of discussion, we put Amendments in to delete those funds from the sweeps, along with the Conservation 2000 Fund which we now believe probably doesn't need to be or should not be a part of this sweeps. So this would provide that we could sweep up to two hundred and twenty-one million (221,000,000), that we would… sweep up the two hundred and twenty-one million, two hundred and fifty thousand dollars ($221,250,000) and that we would deposit it into a special fund for the purposes of restoring in a later Bill, an appropriation Bill, some of the moneys that the Governor reduced from… with his Veto. So this would create the Budget Relief Fund and it would find a mechanism to… by sweeping dedicated funds to provide us with two hundred and twenty-one million two hundred and fifty thousand dollars ($221,250,000). It's… it's always difficult… excuse me, it's always difficult to sweep funds, 09500285.doc 70  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 it's not something that we ever wish to do, but I think we find ourselves in a very tight and difficult budget situation. We've seen some of the reductions that the Governor's made in human services and in the state parks and in historic sites, and with constitutional officers and we think that we need to find a way to address it. The Senate has said that they wish to see some additional revenue come over with our spending Bill, and so this is the mechanism to do that. I'd be happy to answer any questions. And I ask for your 'yes' vote."

"Representative Bellock."

"Sponsor yields."

"It's actually more than three, (3) but we… we… we… there were the…"

"…the discussions in the committee and one had to do with some funds that dealt with the banks and trust…"

"…and we… there were three (3) funds there that we've taken out.

"The fire protection…"

"…people came in and I think there were two (2) funds, two (2) funds that they were concerned about."

"Fire Prevention Fund and the Fire…"

"…Fire Fighters Revolving Fund for the fire trucks. And then… and then the A.B.A.T.E. came in and… and protested that we would sweep their fund which their members contribute in order to do education for people who ride motorcycles. And then lastly, it came to our attention that probably the Conservation 2000 Fund was being used to pay health insurance benefits for the soil and water conservation employees and so we thought it was best to leave money in that fund. So that's, in the end, what we would exempt from what we talked about in committee."

"Mr. Moffitt."

"Sponsor yields."

"Mr. Sullivan. Sullivan."

"Mr. Sullivan, we want to thank you profusely for putting your jacket on. Thank you."

"Sponsor yields."

"Well, Representative, I think the point I was trying to make is that we were try… we went through a process where we tried to weed out the funds and there were some of the funds that are clearly declining in balance and there's no need to sweep those moneys, they're going to… they're going to have difficulty soon enough. And so, we set those aside. Then there were other funds that had… were either 09500285.doc 73  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 breaking even or maybe having some slight increases but not enough to really worry about and no real money there. And then there were a third set of funds, I think, that we looked at and put on this list that we said that appeared to have growing balances and a significant amount of money that we could use some of that for other purposes and that's how we developed the list. And I guess that's the point I was trying to make."

"Well, Representative, I mean… some people would argue that the… the Governor is suppressing spending in an effort to increase these fund balances for the purpose of sweeps. I don't really know the answer. All I can tell you is that it does appear that these have balances that are increasing."

"It's… it could be that the fees are too high, but I think if you talk to the advocates most of the time they would say that they think that the money’s not going out. In fact, that's the argument that A.B.A.T.E. made. They said, look it is increasing, but it's increasing because the Governor won't appropriate the money and if the 09500285.doc 74  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 Legislature appropriates it the Governor won't spend it. So, yes, the balance would go up. But they thought is was unfair that we should try to sweep them."

"Well, Representative, I mean we've been sweeping money out of funds since I came down here in the 1980s. It's not a new idea, but certainly…"

"Well, Representative, I mean any of us are free to introduce Bills to lower or raise fees and we see those kinds of proposals introduced all the time. So if you feel that some of these fees are too high, you know, you have the right as well as I do to introduce a Bill to lower those fees."

"Mr. Eddy."

"Sponsor yields."

"After the two (2) Amendments it's two hundred and twenty-one million, two hundred and fifty thousand (221,250,000)."

"Two hundred and fifty thousand (250,000)."

"Well, so we would create the Budget Relief Fund and then we would transfer the money into that fund. I think if we put it in the General Revenue, I mean… the Governor could take the money that we swept, but then never… never spend it." 09500285.doc 76  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008

"Or he could spend it on some other item."

"Yes, that's the companion spending Bill."

"I'm advised that from the new Budget Relief Fund, the number's two hundred and twenty million, two hundred and ninety-eight thousand, seven hundred (220,298,700)."

"It's very close. It's very close. We have a small surplus."

"That's correct."

"Well, Representative, the Rules Committee has to make those determinations, but I think for the funds that we did change, it was because of the testimony that we heard in the Appropriation Committee. So we heard a significant amount of testimony. We delayed the House from convening for a period of time because we were down in Room 118 having extensive testimony on why those three (3) groups should be exempt. And ultimately, because of a lot of pressure from your side of the aisle and some from mine, we decided that we would just allow those Amendments. So, it was…"

"Well, Representative…"

"…we also need a little cushion in our… in our account because one of the provisions that we put in, I probably should have spoke to this in my introduction, is that we suggested if… if our… our calculations on these sweeps are wrong that we would allow the com… that we would allow the 09500285.doc 78  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 appropriation to be replaced. So we have to keep some amount of… of cushion in the fund or we won't be able to do that. And so, we… I didn't really want to allow any Amendments, to be very honest with you, but we had some very compelling arguments made in the Appropriation Committee, and in the spirit of compromise with your side of the aisle, we exempted those three (3) big hitters. But we're, basically, about even now with our spending and our revenues and I'm… you know, I think we're out…"

"…I think… I think we're out of money."

"I think we're out of money."

"Mr. Black."

"Sponsor yields."

"I agree with you, Representative."

"I don't know, Representative."

"So, Representative…"

"Our thought is to put it into the Budget Relief Fund and then appropriate from that fund to try to make it clear that when we sweep this money that is doesn't just go over to GRF where the Governor could use it for some other kind of items, but that it should only be available in this fund for that purpose."

"So… so again, part of what we are trying to do is to highlight on the spending side that it's our intention and our legislative intent that these parks and historic sites stay open. And we thought that the best way to do it was to number one, take… make sure there's money to fund it and then secondly, to appropriate from that fund so there's a specific line item. And now you're in a situation where the Governor can't just use that money and pay some other bill with it. He could let it sit there, but he can't use it for something else. So we're trying to tie his hands as best we can, Representative."

"Very quick."

"Yeah, but go ahead. What's the fund?"

"That's correct, Representative."

"It… it has been suggested that that's what the administration is doing, at least in some of these funds and indeed, during the Appropriation Committee hearing, the people from A.B.A.T.E., the motorcycle people suggested that that's exactly what was happening in their fund and that's why the fund was growing. And they would suggest that there was need for that motorcycle training, but that it wasn't being appropriated, or that if it was appropriated, it wasn't being spent."

"I'm advised into the State Parks Funds."

"That's what I'm advised, Representative." 09500285.doc 84  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008

"Mr. McCarthy."

"Thank you, Mr. Speaker. I move the previous question."

Speaker Madigan: "The Gentleman has moved the previous question. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The previous question is put. The Chair recognizes Mr. Hannig to close."

"Well, thank you, Mr. Speaker and Members of the House. Sweeping funds is a difficult thing to do, and certainly we wouldn't have come back to Springfield for this Bill unless there was an underlying reason that was compelling. And indeed I think when many of us look at the reductions that the Governor made in his Vetoes, it seemed that they were very disproportionately targeted toward human services and state parks and some of the constitutional officers. And it just doesn't seem fair I think to many of us here in this chamber that we would just let those Amendatory Vetoes stand. So this is a method that we can employ that will allow us to sweep some additional money that will then be available to restore those items. So this is part of the process. We'll do the companion spending Bill next, but I would ask for your 'yes' vote on this Bill."

"The question is, 'Shall this Bill pass?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. The vote shall require 71 votes. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 97 people voting 'yes', 16 people voting 'no'. This Bill, having received a Supermajority Vote, is hereby declared passed. 09500285.doc 88  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 Mr. Hannig, on Senate Bill 1103. Okay. Mr. Clerk, take that out of the record. Mr. Brosnahan, on Senate Bill 2536. Mr. Clerk, what is the status of the Bill?"

"Mr. Brosnahan."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This issue… this Bill…"

"Mr. Brosnahan, I think we have to take the Bill back to Second for the purposes of an Amendment."

"That's… that's correct."

"So, Mr. Clerk, put the Bill on the Order of Second Reading. Are there any Amendments?"

"Mr. Brosnahan, on the Amendment."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I'd move to adopt Amendment #1. What the Amendment does, it allows a duly appointed assistant state's attorney to serve as a county board member for a county located outside the jurisdiction of the State's Attorneys Office that he or she serves. There's also some safeguards in place in this Bill that would prevent the state's attorney from engaging in anything that would be a conflict of interest. And I'd move for its adoption."

"The Gentleman moves for the adoption of the Amendment. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Are there any further Amendments?" 09500285.doc 89  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008

"Put the Bill on the Order of Third Reading and read the Bill for a third time."

"Representative Bellock."

"The… You heard the Lady's request. That shall be reflected in the record. Thank you. Mr. Black."

"Sponsor yields."

"Yes, Representative Black, this issue has just come up a number of times and there are a number of informal opinions from the Attorney General's Office going back eleven (11) or twelve (12) years ago when the Attorney General was Jim Ryan, including Attorney General Madigan. And originally, the position of eleven (11) years ago, 09500285.doc 90  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 Attorney General Ryan, he indicated that… and it wasn't so much a state's attorney and a county board member, it was the positions of an assistant state's attorney and a park district commissioner, and that opinion was that they… as long as the State's Attorneys Office would put certain restrictions on that ASA, then those two (2) positions are perfectly compatible. The latest informal opinion from the Attorney General's Office, Attorney General Madigan, it's her office’s position and again, it's an informal opinion, but her office’s position was that the position of assistant state's attorney constitutes a public office. And holding a public office is prohibited, so you couldn't be a county board member as well as an assistant state's attorney. Now that being said, there have been a number of laws that the General Assembly has passed that would allow other employment. For instance, the General Assembly has passed a legislation that would allow a county board member to be a planning… regional planning commission member, an alderman, a village trustee, a forest preserve district member. So what we're trying to do here is also add the position of assistant state's attorney. And we're trying to be careful, that's why we also included in this legislation the provision that there would have to be some internal mechanisms in the State's Attorney's Office that would make sure that this assistant state's attorney would not be involved in any conflicts of interest with that job. So we’ve tried to tailor it very narrowly."

"That's correct."

"Mr. Durkin."

"The question is, 'Shall this Bill pass?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. This Bill shall require 71 votes. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 105 people 09500285.doc 92  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 voting 'yes', 8 people voting 'no'. This Bill, having received a Supermajority vote, is hereby declared passed. Mr. Clerk, Order of… Mr. Clerk."

"Mr. Lang."

"Thank you, Mr. Speaker, Ladies and Gentlemen. When we passed a former Resolution to create a committee to study the Marriage and Dissolution Act, it appears that we made that committee a little too small. There are some… many people with some great ideas about how to make that committee work better. This Resolution would simply expand the committee that's already been created. I would ask for your support."

"The Gentleman moves for the adoption of the Resolution. The Chair recognizes Representative Cole."

"Mr. Rose."

"Very good." 09500285.doc 93  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008

"Sponsor yields."

"I didn't hear the question, I'm sorry, Sir."

"We… we gave the Minority Leader and the Speaker each two (2) more appointments. So many people have been calling and suggesting that they have expertise…"

"…that we thought it would be a good idea to add more people to make it work."

"I think… I think it would depend when they're appointed. I think it may be that some names are available today to be appointed and… but that we should not hold up the good work of the committee. It should go ahead and start next week."

"I'm sorry, Sir."

"No, not at all." 09500285.doc 94  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008

"The question is, 'Shall the House adopt the Resolution?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 113 people voting 'yes', 0 voting 'no'. The House does adopt the HR1517. Representative Cole."

"Representative, we'll reflect your request in the record. Thank you. Mr. Hannig, HJR142. Mr. Hannig. Mr. Clerk, take that out of the record. Mr. Crespo, did you wish to do House Bill 1432? Mr. Crespo, House Bill 1432."

"Thank you, Speaker, Members of the House. I move to override the Governor's Amendatory Veto on House Bill 1432. I reckon I'm a rookie. I'm trying to understand this whole process of Amendatory Vetoes. And what I do understand, Speaker, Members of the House, is that under House Rule 78 the Governor's specific recommendations for change with respect to the Bill return shall be limited to addressing the Governor's objections to portions of the Bill, the general merit of which the Governor recognizes and shall not alter the fundamental purpose or legislative schemes set forth in the Bill as passed. This Amendatory Veto doesn't do that. As a reminder, House Bill 1432 was to add anorexia and bulimia nervosa to a list of mental illnesses covered by the Illinois Mental Health Insurance Parity Act. 09500285.doc 95  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 Both anorexia and bulimia are recognized as mental illnesses by the Diagnostic Statistical Manual (sic- Diagnostic Statistical Manual of Mental Disorders) published by the American Psychiatric Association. On the other hand, the Governor's additions are not diagnosed as defined by the Diagnostic Statistical Manual. And secondly, the adjustment disorders referenced in the Amendatory Veto would be covered by the list of mental illnesses already included under this Act. Could be depressive disorder, posttraumatic disorder and generalized anxiety disorder. Basically, he's comparing apples to oranges, Speaker, and Members, and it does not meet the definition of what an Amendatory Veto should be. This was a Bill that we worked very hard to pass. First time I introduced the Bill, a year ago, it failed by 1 vote. We worked hard in a bipartisan fashion. We worked with the Senate, and when it came back as amended, it passed the Senate unanimously and we received close to 90 or 94 votes in the House. I understand what the Governor's trying to do, folks. I think some of his ideas are noble, but we need to follow the legislative process, folks. It's not that complicated. And I hope we all understand that. And I'm looking forward to get your support on this override."

"Mr. Dunkin."

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

"Sponsor yields."

"Representative, I recall this Bill, you've been working on it for quite some time, and I commend you for trying to address this issue. It's certainly taken our 09500285.doc 96  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 state and our country by surprise with how many people are a part of this eating disorder. My question is, there are a number of mandates that we require insurance companies to adhere to. How do we enforce such a measure if we were to pass this here?"

"How would we enforce the mandate and the underlying Bill, the 1432?"

"Exactly."

"Well, being part of the law, Representative, it'll be a requirement that insurance companies at a minimum meet the requirements of the parity law that's currently in the books right now, which applies to schizophrenia. Yeah, so it's already… it's already the law. We're just saying this will now be part of what the…"

"Part of…"

"…the mental parity law that we currently have in the State of Illinois."

"Okay. I mean the reason I asked is because there are a number of us who are insurance carrier, we carry insurance from our jobs, our respective companies, and oftentimes, various illnesses occur and we find ourselves, our constituents in particular, find themselves fighting to have certain illnesses covered. Either they don't meet a certain threshold or they're… in other words, they're costing too much and the insurance companies sometimes are doing sort of a pushback from us and we just find that the insurance that we thought we had is not what we actually have when it comes to certain illnesses. And so I’m just curious as of how we can avoid that particular fiasco or 09500285.doc 97  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 issue that we have with certain insurance companies not actually paying for 100 percent or even 80 percent, in its entirety, various measures or various eating disorders or any ailment, but in particularly, this issue of eating disorder, anorexia, et cetera."

"Yeah. You know, I see two (2) issues here, Representative. Number one, is how do we deal with the insurance companies in the state or perhaps in the country, on one hand. On the second hand, what House Bill 1432 did is exactly that. It recognized that eating disorders has the highest mortality rate in the country and the state. It's also recognized by the Diagnostic Statistical Manual (DSM) as a mental disorder, hence we feel that issue be covered as a mental illness. If there's anything else out there how insurance companies operate, I'll be more than happy to entertain that, but it's not part of this Bill and should not be part of an Amendatory Veto which is the Governor's trying to do. Again, I'm not taking exception to what he's trying to do, you know, maybe we should include domestic violence. I mean, we need to vet these things, we need to go through the process and what you're referring to now, I think, is something that perhaps we should sit down and start looking at the whole process with insurers and you know, if you have an illness, yes, the fact that you have to claim you have an illness to get a hearing and to get paid, is an issue. But that's something totally…"

"Mr. Crespo…" 09500285.doc 98  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008

"…different then what House Bill 1432 is supposed to do."

"Mr. Crespo, are you prepared to go to Roll Call?"

"Yes, Sir."

"Okay. Mr. Crespo moves that House Bill 1432 do pass, notwithstanding the specific recommendations of the Governor. This vote shall require 71 votes. Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Mr. Sullivan. The Clerk shall take the record. On this question, there are 77 people voting 'yes', 36 people voting 'no'. The Motion, having received a Supermajority, House Bill 1432 is hereby declared passed, notwithstanding the specific recommendations of the Governor. Mr. Clerk."

"Mr. Clerk, what was the content of the Rules Report?"

"Mr. Reitz."

"Thank you, Mr. Speaker. Just a quick point of personal privilege." 09500285.doc 99  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008

"State your point."

"I'd like to have the House join me in wishing my seatmate, Brandon Phelps, a happy 38th birthday."

"Mr. Hannig, are you prepared to call Senate Bill 1103? Then, Mr. Clerk, what is the status of Senate Bill 1103?"

"Mr. Hannig, on Amendment #3."

"I'd ask to withdraw 3 and I'd have to withdraw 3."

"Withdraw Amendment #3. Are there any further Amendments?"

"Withdraw Amendment #6 as well."

Speaker Madigan: "Withdraw Amendment #6. Mr. Hannig, on Amendment #7."

"Yes, that becomes the spending Bill. I'd ask that we adopt the Amendment and then we'll debate it on Third Reading."

"The Gentleman moves for the adoption of the Amendment. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"

"Put the Bill on the Order of Third Reading and read the Bill for a third time."

"Mr. Hannig."

"Yes, thank you, Mr. Speaker and Members of the House. This is a companion Bill to the sweeps Bill that we just passed. So in that proposal we were able to find some additional money, in this proposal we allocate how we believe that that money should be spent. And it comes out of the new Budget Relief Fund that we created. It essentially falls into, I guess, several broad areas. One, is that the human services cuts that the Governor made to any number of areas, we believe were too deep and would cause a great deal of pain and perhaps even some problems for a number of the constituents that we represent. And so, we would ask that those items be restored to the '08 levels. We talked about it earlier, as well, this situation that exists with our state parks and our historic sites and this would provide additional funding to ensure that all state parks and historic sites would be able to remain open. It would provide that people who have positions with the State of Illinois, front-line jobs with the State of Illinois, whether it's a constitutional officer or if it's an office under the Governor's Office, that these people would be able to retain their jobs. So, those are the kind of the broad areas that we try to address with this spending Bill. It appropriates two hundred and nineteen million, eight hundred and sixty-four 09500285.doc 101  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 thousand, nine hundred dollars ($219,864,900) in the new Budget Relief Fund, and eleven million, eight hundred and eighty-two million (sic-thousand) dollars ($11,882,000) in the other funds… other state funds. So that's what it does. I'd be happy to answer any questions."

"Mr. Black."

"Sponsor yields."

"I think, Representative…"

"As we simply tried to put these… these spending plans together, I think that one was added inadvertently. Perhaps some would argue that we would need it, I'm not suggesting that we don't. But the point, I guess, I would make is that as we… we came to the end and we tried to make sure that the spending and the revenues were relatively balanced. In our final review, I think, there was a determination that that had been in the Bill from the beginning but that it was in error."

"I was so, as well." 09500285.doc 102  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008

"Well, we also have a Body called the Senate…"

"…and we have a branch of government called the Executive Branch…"

"…where the Governor has this pen, he calls it the 'Veto pen'."

"Sometimes he vetoes and sometimes he signs Bills with it."

"And then of course, the Governor may not even release this money. So yeah, there's… there are some hurdles to overcome, but I think it's important to as least say that here in the House we're trying to take that first step."

"I do not know, but what I've heard and read in the press is that the Senate President has suggested that if we're going to send some additional spending that we probably should send some additional revenues. And so, 09500285.doc 103  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 that's part of what we tried to do when we did the sweeps Bill and then tied it to this Bill. I think we tried to… we tried to address the Senate's objections in that respect."

"That's correct. I think we can all say that we've taken a good first step, that we've done the things that we need to do here in this chamber. We made some hard decisions, but we have to have some help from the Senate and the Governor before these things will actually happen."

"Yeah. I'm advised that the fund sweeps will net two hundred and twenty-one million, two hundred and fifty thousand (221,250,000) and the spending Bill will appropriate two hundred and nineteen thousand (sic-million) eight hundred and sixty-four thousand and nine hundred dollars ($219,864,900). So, there's… a couple of million dollars ($2,000,000), there's a little bit of cushion, but not very much."

"That's correct."

"We found some money, we've identified where we'd like it to be spent, and we would say that these are our top priorities."

"Mr. Joyce."

"Thank you, Mr. Speaker. I move the previous question."

"The Gentleman moves the previous question. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The previous question has been put. The question is, 'Shall this Bill pass?' All those in favor signify by voting 'yes'; those opposed by voting 'no'. The Bill shall require 71 votes. Have all voted who wish? Have all voted who wish? Mr. McAuliffe. The Clerk shall take the record. On this question, there are 113 people voting 'yes', 0 voting 'no'. This Bill, having received a Supermajority Vote, is hereby declared passed. Mr. Hannig on House Bill 6350. 6350, Mr. Hannig. House Bill."

"Yes, I'd ask that we adopt the Amendment and then debate the Bill on Third Reading."

"Mr. Clerk, is the Bill on the Order of Second Reading?"

"Are there any Amendments?"

"Amendment #1 by Mr. Hannig."

"Yes, I just move for its adoption."

"Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Are there any further Amendments?" 09500285.doc 106  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008

"Put the Bill on the Order of Third Reading and read the Bill a third time."

"Mr. Hannig."

"Yes, thank… thank you, Mr. Speaker and Members of the House. This is a proposal that reflects the hopes of some of those people and advocates that were not part of the sweeps Bill for whatever reason. And it reflects, I think, some of the hopes and desires that many of our Members in the Appropriation-Human Services Committee and I think really Members of this Body share and it would appropriate from the General Revenue Fund a total of three hundred and seventy-one million, five hundred thousand dollars ($371,500,000), much of which… most of which is matchable from the Federal Government. The bulk of this money, two hundred and eighty-five million (285,000,000) would go to the institutional providers to try to maintain a payment cycle. There's also fifteen million (15,000,000) for the noninstitutional providers to maintain a payment cycle, twenty-five million (25,000,000) for the CCP programs, twenty-four million, five hundred (24,000,500) to restore the personal service cuts in various state agencies and twenty million dollars ($20,000,000) for the ICFDD payment cycle cut. There's also two million (2,000,000) for the Oak Forest Hospital in Cook County. That's what this Bill does. I'd be happy to answer any questions."

"Mr. Schmitz. Schmitz." 09500285.doc 107  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008

"Sponsor yields."

"This is all… these are all items that the Governor has vetoed. That's correct. For these lines. There's more, I think, out there, Representative, but all of these items that I just explained were part of a Veto message."

"These would be…"

"…appropriated from General Revenue. So, this… this would be… this appropriation would be from the General Revenue Fund.

"Well, Representative, for the Governor to… for the Comptroller to issue a check, a number of things have to happen. One is that, you know, a voucher gets processed and there's a determination made that services are provided, that all that's okay. Then there has to be an appropriation on the books, and then lastly, there has to be cash in the bank. So, this doesn't deal with the issue of… this doesn't make cash in the bank, and this doesn't say anything about the voucher, but it does give the Comptroller some additional spending authority in this 09500285.doc 108  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 area. And as I said in my introduction, these are for the most part matchable funds through Medicaid, primarily."

"So the Governor… I think he vetoed somewhere around $1.4 billion ($1,400,000,000). I think that's the correct amount in that ballpark. And so, we found in the other Bills, some moneys we could sweep, but obviously, we can only sweep so much and we paired that off with some items that we'd like to see restored. There's a great amount of money that we have not found a revenue source for, but there were a number of items and these are those items that we felt were high enough priority that we needed to go forward with an additional appropriation Bill. Now, these would simply be part of an overall spending plan that the Governor would have to manage. We're not suggesting that we’ve created any new money. We just simply feel these are priority spendings. People who didn't… who were not part of the sweeps appropriation wanted to have an opportunity to have their needs debated. A number of the Members on both sides of the aisle wish to do that, as well. If this 09500285.doc 109  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 Bill would pass the House it still has to go to the Senate for their consideration. But I think that we, in the Illinois House of Representatives where we always considered ourself the peoples’ chamber, we want to give these opportunities to debate these things, debate these Bills, a fair hearing and a fair chance. And that's what this is about."

"Yes, so I think that the point is, Representative, that we… we feel strong enough about these limited items that we want to give the Governor a second chance. We want to give him a chance to think about this a little bit more, and to look at the situation a little in more detail. He knows that we've addressed some of our concerns through a 09500285.doc 110  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 Bill where we could find sweeps. We can only sweep so many dollars. We would ask him to take a look and see if he can't fit this in, the spending plan that exists today. This would be a supplemental appropriation for our FY09 budget."

"The last speaker will be Mr. Winters. Here he is, the last speaker."

"Now, the park Bill and the employees who work for the parks and who work for Historic Preservation, that was in our previous Bill…" 09500285.doc 111  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008

"…and that dealt with a dedicated fund. So it still has to have Senate action."

"Yeah, yeah, that's correct."

"Okay. So, yeah… so, I'm advised that the personal service items that we're trying to restore in this Bill here would not result in layoffs, but they would simply allow people to be replaced when they retire or leave for whatever reason."

"Yes, but it doesn't deal with layoffs as much as…"

"…it does with attrition."

"I'm… Now, our staff says that they cut about twenty (20) and we're only restoring about seven (7)." 09500285.doc 112  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008

"Twenty million dollars ($20,000,000)."

"The question is, 'Shall this Bill pass?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. The Bill shall require 71 votes. Mr. Biggins. The Clerk shall take the record. On this question, there are 101 voting 'yes', 12 voting 'no'. This Bill, having received a Supermajority is hereby declared passed. Mr. Hannig, HJR142."

"Yes, thank you, Mr. Speaker and Members of the House. We have in the Legislative Branch of government, a Legislative Ethics Commission and we have a Legislative Inspector General who actually follows up on complaints that are filed with the agency. Tom Homer serves in that capacity at the present time, and in fact, was… has been the one and only Inspector General that we've had for the Legislative Branch. And so this Amendment would reappoint Mr. Homer for another term as our Legis… as our Inspector General for our Legislative Branch."

"Mr. Hannig, the Clerk advises that there's an Amendment to be adopted. Mr. Hannig, on the Amendment."

"So I would ask for the adoption of the Amendment."

"Those in favor say 'yes'; those opposed say 'no'. The Amendment is adopted. Mr. Hannig."

"So, I think I've explained the Bill. We… we… we’ve met on the Ethics Committee. I know that the chief of staffs (sic-chiefs of staff) are aware of the view of the Members of that committee. We all agree that we should appoint Mr. Tom Homer for an additional five (5) years and this Resolution would do that. So, I would ask for its adoption." 09500285.doc 114  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008

"Mr. Hannig moves for the adoption of the Resolution. Those in favor signify by voting 'yes'; those opposed by voting 'no'. This shall require 71 votes. The Clerk shall take the record. On this question, there are 113 people voting 'yes', 0 people voting 'no'. This Resolution is adopted. All right, Ladies and Gentlemen, let me have your attention. It is the plan of the Chair to finish our work tonight so that there’ll be no Session tomorrow. We have eleven (11) items to consider. They all concern the Governor's actions, either that's a Veto or an Amendatory Veto, eleven (11) items. Now, these are matters that were passed by the House previously, and there'll be a Motion to override in ten (10) of the items and a Motion to accept in one. And we can move through these quickly or not. Whatever your desire. But we're going to finish tonight. Those of you that want to get home, you can get home. First matter will be House Bill 4450 and the Sponsor is Mr. Fortner and Mr. Black said that he simply wishes to tell the people that this a Motion to override the Governor, vote 'yes'."

"Great. All right. So, Mr. Black… All right. Mr. Black moves that House Bill 4450 do pass, notwithstanding the specific recommendations of the Governor. This vote shall require 71. Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. The Motion, having… there are 113 people voting 'yes', 0 voting 'no'. The Motion, having 09500285.doc 115  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 received a Supermajority, House Bill 4450 is hereby declared passed, notwithstanding the specific recommendations of the Governor. Mr. Lang, on 4527."

"Thank you, Mr. Speaker. I move to override the Amendatory Veto of the Governor. And this Amendatory Veto, the Governor's required all libraries in the State of Illinois to stay open until 9:00, including school libraries. I think that's kind of ludicrous. I don't know who's going to be the school librarian until 9:00. I move to override."

"Representative Lang moves that House Bill 4527 do pass, notwithstanding the specific recommendations of the Governor. This vote shall require 71 votes. Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 113 people voting 'yes', 0 voting 'no'. The Motion, having received a Supermajority, House Bill 4527 is hereby declared passed, notwithstanding the specific recommendations of the Governor. Mr. Beiser, on 4602."

"Thank you, Mr. Speaker. I make a Motion to override the Governor's Amendatory Veto of House Bill 4602. It passed unanimously in the Senate and it passed with 101 votes in the House."

"Representative Beiser moves that House Bill 4602 do pass, notwithstanding the specific recommendations of the Governor. This vote shall require 71 votes. Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? 09500285.doc 116  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 The Clerk shall take the record. On this question, there are 112 people voting 'yes', 1 voting 'no'. The Motion, having received a Supermajority, House Bill 4602 is hereby declared passed, notwithstanding the specific recommendations of the Governor. Mr. Leitch, on 4653."

"Representative Leitch moves that House Bill 4653 do pass, notwithstanding the specific recommendations of the Governor. This will require 71 votes. Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Verschoore and Golar. The Clerk shall take the record. On this question, there are 113 people voting 'yes', 0 voting 'no'. And the Motion, having received a Supermajority, House Bill 4653 is hereby declared passed, notwithstanding the specific recommendations of the Governor. Mr. Joyce, on 5318."

"Thank you… thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move to accept the Governor's Amendatory Veto on House Bill 5318."

Speaker Madigan: "Representative Joyce moves to accept the specific recommendations of the Governor as to House Bill 5318. This shall require 71 votes. Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 113 people voting 'yes', 0 voting 'no'. The Motion, having received a Constitutional Supermajority, the specific recommendations 09500285.doc 117  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 of the Governor as to House Bill 5318 are accepted. Representative Flowers, on 230."

"Thank you, Mr. Speaker. I move to override the Governor's Veto on House Bill 230."

"Representative Flowers moves that House Bill 230 do pass, notwithstanding the Veto of the Governor. Those in favor… this shall require 71 votes. Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Franks and Black. Have all voted who wish? Mr. Franks. The Clerk shall take the record. On this question, there are 85 people voting 'yes', 27 people voting 'no'. The Motion, having received a Supermajority, House Bill 230 is hereby declared passed, notwithstanding the Veto of the Governor. For what purpose does Representative Dugan seek recognition? Dugan. Okay. Representative Jakobsson, on 3106."

"Mr. Speaker, I move that this Bill do pass, notwithstanding the Veto of the Governor."

Speaker Madigan: "Representative Jakobsson moves that House Bill 3106 do pass, notwithstanding the Veto of the Governor. This shall require 71 votes. Mr. Rose."

"Thank you. And those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 74 people voting 'yes', 38 people voting 'no'. 09500285.doc 118  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 The Motion, having received a Supermajority, House Bill 3106 is hereby declared passed, notwithstanding the Veto of the Governor. Mr. Sullivan, on 4548."

"Representative Sullivan moves that House Bill 4548 do pass, notwithstanding the Veto of the Governor. This shall require 71 votes. Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Mr. Franks. The Clerk shall take the record. The Motion, having received a Supermaj… there are 108 people voting 'yes', 5 people voting 'no'. The Motion, having received a Supermajority, House Bill 4548 is hereby declared passed, notwithstanding the Veto of the Governor. Representative Monique Davis, on 4668." Davis, M.: "Thank you, Mr. Speaker. I move to override the Governor's Veto. This is a piece of legislation that requires recyclers to accept identification from those bringing in copper or recyclable metals."

"Okay." Davis, Monique: "It received 57 votes in the Senate and 112 votes in the House." 09500285.doc 119  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008

"The Lady moves that House Bill 4668 do pass, notwithstanding the Veto of the Governor. This shall require 71 votes. Those in favor signify by voting 'yes'; those opposed vote 'no'. Have all voted who wish? Have all voted who wish? Mulligan and May. The Clerk shall take the record. On this question, there are 111 people voting 'yes', 1 person voting 'no'. The Motion, having received a Supermajority, House Bill 4668 is hereby declared passed, notwithstanding the Veto of the Governor. Representative Nekritz on 4956. 4956, Nekritz."

"Thank you, Mr. Speaker. I move to override the Governor's Veto."

"The Lady moves that House Bill 4956 do pass, notwithstanding the Veto of the Governor. This shall require 71 votes. Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 72 people voting 'yes', 41 people voting 'no'. The Motion, having received a Supermajority, House Bill 4956 is hereby declared passed, notwithstanding the Veto of the Governor. Mr. Rita, on 5502."

"Thank you, Mr. Speaker. I move to override the Governor's Veto on House Bill 5022."

"All right, the Bill is House Bill 5022, and Mr. Rita moves to override the Governor. Mr. Rita moves that House Bill 5022 do pass, notwithstanding the Veto of the Governor. This shall require 71 votes. Those in favor signify by voting 'yes'; those opposed by voting 'no'. 09500285.doc 120  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 73 people voting 'yes', 39 people voting 'no'. The Motion, having received a Supermajority, House Bill 5022 is hereby declared passed, notwithstanding the Veto of the Governor. Let me congratulate all of you. You did very, very well. We should do things like this more often. Representative Dugan."

"Thank you, Speaker. A point of personal privilege. I… I… I, just like Representative Reitz, have a youngster that sits next me as a seatmate who also celebrated a birthday Saturday. So, if everyone could just say happy birthday to Representative Careen Gordon."

"Mr. Clerk, Agreed Resolutions."

Speaker Madigan: "You've all heard the Agreed Resolutions. Representative Currie moves for the adoption of the Agreed Resolutions. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have. And the Agreed Resolutions are adopted. Mr. Clerk, you have an Adjournment Resolution. Mr. Black."

"State your inquiry."

"That would be very nice, Mr. Black, but we better get a picture."

"All right. How about Mr. Smith, did you want a hug?"

"Sure, sure. Thank you, Mr. Speaker. I just wanted to bring the Body's attention to the list of hearings that the Education Committee will be having. They're listed on our bulletin today. We have a total of five (5) hearings scheduled on the topic of education funding, and I would encourage all Members, whether you're a Member of the committee or not, to come and join us at one of those hearings. Thank you."

"Representative Hamos."

"Inquiry of the Chair. Speaker, did we just have our Veto Session?" 09500285.doc 123  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008

"Representative, that's a very good question, and I'm glad you raised that. So all of the Members should realize that we have now taken up for consideration all of the Governor's actions on House Bills. House Bills. And so the reason that we would normally come in for a Veto Session for House Bills has been accomplished. That does not take into account the Senate Bills. So there were some Senate Bills where the Governor filed Vetoes or Amendatory Vetoes. And we'll see what happens in the Senate. But that's a very good point."

"Well, Speaker, so… but we're scheduled, I believe, for six (6) days for those two (2) weeks. Do you… is it possible that we won't necessarily be here all six (6) days?"

"Just depends on how many Members you wish to hug, Representative Hamos."

"Well, I'm a big hugger."

"And how often."

"I'm a big hugger, so I'll be here. Okay."

"How about Mr. John Bradley." Bradley, J.: "I… a point of personal privilege. I've been advised that it is Chief of Staff, Tim Mapes’ birthday today as well. And… and… and in honor of his birthday, Representative Mautino has hidden a cake somewhere in the desks in here."

Speaker Madigan: "All right, Ladies and Gentlemen, we're prepared to adjourn. Representative Currie moves in accordance with Senate Joint Resolution 105, passed on May 31, that the House stands adjourned until November 12, 09500285.doc 124  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 285th Legislative Day 9/10/2008 2008, at the hour of noon or subject to the call of the Speaker. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The House does stand adjourned."