Illinois House Floor Debate — November 19, 2008

"Good afternoon, Mr. Black. The House shall come to order. The Members shall be in their chairs. We ask the Members and our guests in the gallery to turn off laptop computers, cell phones, and pagers. And we ask the guests in the gallery to rise and join us for the invocation and the Pledge of Allegiance. We shall be led in prayer today by Wayne Padget, the Assistant Doorkeeper."

"We shall be led in the Pledge of Allegiance by Representative Mautino."

"Roll Call for Attendance. Representative Currie." 09500293.doc 1  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008

"Thank you, Speaker. Please let the record show that Representatives Rich Bradley, Granberg, McCarthy, Patterson and Rita are excused today."

"Mr. Bost."

"There being 110 Members responding to the Attendance Roll Call, there is a quorum present. Mr. Clerk."

"Ladies and Gentlemen, if we could have your attention and if the… if the Members would take their chairs and if the staff would retire to the rear of the chamber. I'm very pleased today to have with us a special guest, the Consul General from the Country of India to Chicago and the Midwest. Ambassador Attri has recently been assigned to Chicago, although he has a long career in the foreign service of the country of India. He's come here today to express his views and the views of his country relative to the relationship between the Country of India, the State of Illinois and the entire Midwest. It's my great pleasure to give you, Ambassador Attri."

"The Ambassador will be available down in the well for those of you who would like to personally greet him. So, thank you, very, very much. Mr. Clerk."

"The Chair recognizes Representative Howard."

"Thank you very much, Mr. Speaker. Visiting us today are two (2) gentlemen I'd like you to meet. One is Michael McCormick, who is the executive director of the American Coalition for Fathers and Children. And also, General Parker, who is with the African-American Reform Organization. He is from Peoria. Gentlemen, would you please stand. And colleagues, would you please help me welcome them to Springfield."

"Mr. McAuliffe."

"Representative Lyons in the Chair."

"Representative John Fritchey. Representative John Fritchey. John, you have an Override Motion… Amendatory Veto. Are you ready to run that Bill? Amendatory Senate Bill 2636? Ladies and Gentlemen, we do have some business to participate in today. I know it's been a long time since we've seen each other and we have our honored guests. But we do have some legislative work to be done. So, I'd ask people to please bring down the noise level in the chamber, if you'd be so kind. And the Chair will represent… represent… will recognize Representative John Fritchey on an Amendatory override of 09500293.doc 9  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 Senate… Veto for Senate Bill 2636. Representative John Fritchey, the Gentleman from Chicago."

"Thank you… thank you, Speaker. I simply request an 'aye' vote."

"Hold on, John. Ladies and Gentlemen, I have a Member who is presenting an Override Motion. I'd appreciate your cooperation on lowering the noise a little bit. Chuck Hartke, your method works all the time. Thank you, Ladies and Gentlemen. Representative Fritchey."

"I think I liked it better when people couldn't hear me. This is simply a Motion to override the Governor's Veto. This was an initiative of the Treasurer's Office. We believe we have a very strong proconsumer Bill. There were some Amendments made by the Governor's Office that would impact the operations of the Treasurer's Office. There was no consultation with the Treasurer's Office at the time of doing this. We believe the Bill in its present form was the proper Bill. We believe, as I said, that we have a very good piece of legislation that was crafted and worked out over time. And I'd simply request an 'aye' vote for the override. Thank you."

"Is there any discussion? The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."

"Sponsor yields."

"The… the Governor's Office saw fit to put some reporting requirements on the Treasurer's Office. What was somewhat problematic is there were no discussions with the Treasurer's Office as to how this would improve the Bill, why this served any laudable policy goal. As I said, Representative, we believe that we had a good and workable Bill as is. And we believe that the Treasurer's Office, as any constitutional officer, should have the autonomy to best determine through working with the Legislature, which is always a novel idea around here these days, but by working with the Legislature how best to implement these programs. We believe that we've done that. We believe that we should revert to the Bill in its original form and put it on the books the way that the House and Senate both originally passed it."

"That… that… that's correct here. Roger, you know, these days I… I tend to put more and more faith in a strong Legislative Branch. Both chambers have made it very clear as far as what we believe the law should be. And we simply want to reaffirm that statement now."

"Seeing that no one else requires to speak, Representative Fritchey to close. Ladies and Gentlemen, Representative Fritchey moves that Senate Bill 2636 do pass, notwithstanding the specific recommendations of the Governor. This Bill requires 71 votes to pass. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Motion, 110 Members have voted 'yes', 0 voted 'no', 0 voting 'present'. And this Motion, having received the Supermajority, Senate Bill 2636 is hereby declared passed, notwithstanding the specific recommendations of the Governor. Representative Jack McGuire, for what purpose do you seek recognition, Representative? Jack, do you have your light on? Representative McGuire? Ladies and Gentlemen, on page 5 of the Calendar under Amendatory Vetoes, Representative Careen Gordon has Senate Bill 2718. Representative Gordon."

"Thank you… thank you, Mr. Speaker. Senate Bill 27…"

"Careen, wait one moment. Ladies and Gentlemen… Members, please, if I could ask for your attention. Representative Gordon has an Amendatory override Bill she's trying to present. An Amendatory Veto that she's accepting, my mistake. I would ask the Members to please refrain from the levels of conversation, we can't hear the discussion. Representative Gordon."

"Thank you, Mr. Speaker. Senate Bill 2718, I filed a Motion to accept the Amendatory Veto that the Governor has made. All it did, there was absolutely no substantive 09500293.doc 12  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 changes at all to the legislation. It merely put in an immediate effective date. And I would ask the Body to accept that change."

"Is there any discussion on Senate Bill 2718? The Chair recognizes the Gentleman from McHenry, Representative Jack Franks."

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

"Sponsor yields."

"Representative, this is a Bill that we passed 56-0 in the Senate and 110-1 in the House, in the… you're telling me that the Amendatory Veto makes it immediate instead of having to wait 'til July of next year for this to take effect?"

"Correct."

"Or January… I'm sorry of January?"

"Correct."

"So, we're trying to move this up six (6) weeks?"

"Correct."

"And… is this the Bill that would allow someone who… allowing a hearsay exemption to be allowed as testimony if the witness had disappeared or… or is believed to be dead?"

"It… after a pretrial hearing if… after a pretrial hearing this… this would create another hearsay exception after a pretrial hearing, and it was determined that the testimony was credible by a judge, correct. It… it… in that situation. This is that Bill."

"And is the reason that the Governor's trying to make this immediate, is that because of the factual pattern in the Drew Peterson case?" 09500293.doc 13  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008

"Pardon?"

"Is the reason that the Governor's trying to make this immediate is because of the fact pattern that we have in the Drew Peterson case?"

"I have no knowledge… I have no knowledge of that. When this Bill becomes law, Representative, it would apply in every single case, and it would apply to all victims. As a prosecutor in a previous lifetime, myself, I was a prosecutor for Will, Grundy, and Kankakee County as well as two Attorneys General, both Jim Ryan and currently Lisa Madigan. I… I've seen this… this would have been available in several previous cases that I had seen. So, while it may or may not be available in a case currently under investigation, it would… it would be available to all victims for the State of Illinois. I've always been a voice for victims and continue to be a voice for victims as a Member of the House of Representatives."

"Well, clearly. And… and we all supported the Bill."

"Thank you."

"And I support the Bill. I just wonder why we're moving it up six (6) weeks. I… I will vote with you on this. I just wanted to know what the… what the thought process was because I didn't see any explanation by the Governor on this, 'cause I… there's a lot of the other Bills I think we ought to be looking at for an immediate start dates as well. So, if he's good for one, I'd like to see some other Bills that would move up as, you know, immediately." 09500293.doc 14  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008

"As I said, it wasn't an immediate effective date, there was a discussion had. Myself and Senator Wilhelmi, it was done at the… at the request of the Will County State's Attorney. I… I'm no longer privy to the knowledge of any investigation going on there; it's not my jurisdiction. And they… they ask that an immediate effective date be had. Perhaps there's other cases pending where… where this may be taken into consideration. And if it helps one person, it can maybe help all thirteen million (13,000,000) plus people in the State of Illinois. And that's what we're here for."

"Thank you."

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

"Sponsor yields."

"Yes. And it…"

"Right. It… it's patterned after an… a Federal Law in gang cases or in mob cases. It's been used in RICO cases throughout the federal statutes and other states have it, it's called forfeiture by wrongdoing. And we… we made the 09500293.doc 15  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 record… previously… that's the actual substantive Bill. But as I said, the… accepting the Amendatory Veto…"

"…changes nothing in the substantive nature of the Bill."

"Mr. Speaker, I can't hear. Mr. Speaker, I can't hear."

"Ladies and Gentlemen, one more time, we cannot have a discussion on this Bill. It's serious legislation, Representative Gordon trying to present. She can't hear Representative Winters' questions. Please, folks, please keep the noise level down. Thank you."

"You… you don't have to find them guilty of the first murder or disappearance for them to use the statements of the first disappearance or murder for them to be tried for the second murder. But those statements have to be determined to be credible in a pretrial hearing…"

"…by a judge. In the same way… it's very similar to what would be called a 115/10 hearing in the cases where there are child sexual assault victims. However, Representative, in this case since this may be adults making the statements, it may… it's probably going to held 09500293.doc 16  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 to a much higher standard, the way that it is held to in Federal Court."

"Exactly."

Speaker Lyons: "The Chair recognizes the Gentleman from Vermilion, Representative Bill Black."

"Sponsor yields."

"Representative Black, I'm… I just want to say how much how I missed you over the summer and over the past few months, I… I truly have. And I just want to put that on the record up front."

"I'd take that as a compliment, Bill."

"Okay. Well, the definition of hear… and I don't know if my… if my law students, my law students… there are some law students here from the John Marshall Law School today, Representative. So, hopefully I still get this right that I learned in evidence class and my favorite lawyer. The definition of hearsay is still OCSTMA, which is an 'out of court statement made for the truth of the matter asserted.' Okay? So, a hearsay exception is that there are several of them. So, you don't have to… if… there are certain exceptions that if you can prove that… that the way that the statement was made, if it's credible, if the surrounding circumstances of the statement, if someone else heard it at the time, if… if the person making the statement was… was someone… someone else heard them. Whatever the case may be, if you can prove the credibility of that statement to the satisfaction of a judge, and… and there are different standards, depending on what type of case that it is, then an exception to the hearsay rule is determined, and there are several of them… and… and please don't ask me to list all of them 'cause I don't know them all off the top of my head anymore and I… and I never probably will ever again… but you don't necessarily have to prove someone guilty of a first murder for them to be found guilty of the second murder, which is why we made this exception into law so that the statements after a pretrial hearing and a determination of credibility could be had out of the hearing of the jury and a judge can determine 09500293.doc 18  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 whether or not those statements can be used against the defendant during a murder trial."

"Well, your staff this morning was… was wrong about a certain level of felony. So, I'd really question whether or not that staff member is even right about, you know, what he's whispering in your ear right now, Representative. And I had to clarify what he was even telling you… what… what he was saying in committee to another very good friend of mine and that was Representative Reboletti. So, the staff member talking to you right now is making mistakes already today. And I just want to point that out."

"State your inquiry."

"That's the absolute truth. And I… I actually have it on tape, Representative, and we can play it back from the Judiciary II-Criminal Law Committee that took place this morning. Representative."

"Representative Black, we have…"

"…we have two attorneys on your side of the aisle, Representative Reboletti and Representative Durkin who are waiting to speak. Perhaps they may shed some additional light on that issue for you?"

"Representative Jim Durkin."

"Thank you. Representative Reboletti."

"Sponsor yields."

"Not one letter, Representative."

"This is a victims rights Bill, Representative, absolutely."

"Exactly."

"Representative Gordon to close."

"Thank you, Ladies and Gentlemen. I would app… I would appreciate an 'aye' vote to accept the Amendatory Veto made by Governor Blagojevich."

Speaker Lyons: "Ladies and Gentlemen, Representative Gordon moves to accept the specific recommendations of the Governor as to Senate Bill 2718. There are 71 votes needed for this to pass. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 109 Members voting 'yes', 0 voting 'no', 1 Member voting 'present'. This Motion, having received the Constitutional Supermajority, the specific recommendations of the Governor as to Senate Bill 2718, are hereby accepted. Ladies and Gentlemen, we'll be moving to the Supplemental Calendar #1, which should have been passed out on everyone's desk. The first… on Senate Bills-Second Reading, we have Senate Bill 100. Representative Turner. Representative Art Turner. Read the Bill, Mr. Clerk."

"Third Reading. On Supplemental Calendar, the second Bill is Senate Bill 113. Representative Molaro. Representative Bob Molaro. Read the Bill, Mr. Clerk."

"Third Reading. Senate Bill 719… Senate Bill 719, Representative Brent Hassert. Read the Bill, Mr. Clerk."

"Third Reading. Senate Bill 874, Representative Mary Flowers. Read the Bill, Mr. Clerk."

Speaker Lyons: "Third Reading. Senate Bill 1013, Representative Currie. Read the Bill, Mr. Clerk."

"Third Reading. Senate Bill 1981, Representative Mautino. Read the Bill, Mr. Clerk." 09500293.doc 23  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008

"Senate Bill 2085, Representative Hamos. Back to Senate Bill 1981. Status of the Bill, Mr. Clerk?"

"Mr. Clerk, move that Bill to Third… the Order of Third Reading. Representative Hamos on Senate Bill 2085. Read the Bill, Mr. Clerk."

"Third Reading. Representative Saviano on Senate Bill 2179. Read the Bill, Mr. Clerk."

"Third Reading. Representative Harris on Senate Bill 2725. Read the Bill, Mr. Clerk. Read the Bill, Mr. Clerk."

"Mr. Clerk, we'll leave that Bill on the Order of Second Reading. Ladies and Gentlemen, we'll be doing a Death Resolution, so we're asking Members… I'm sorry, that will be done later. We have a House Resolution that is equally important to all the Members here. It affects somebody that's very near and dear to all of us regarding Nurse Nancy who's been at her station out here providing first aid for us for many, many years. Mr. Clerk, on House Resolution."

"In our gallery, Ladies and Gentlemen, Nancy Wedeking. God love you, Nancy. The Chair recognizes the Lady from Cook, Representative Barbara Flynn Currie on the Resolution."

"Thank you, Speaker and Members of the House. We're always worse, cited an anonymous poet, without a nurse. And without our Nurse Nancy there's no question we'll all be a whole lot worse. When a lobbyist kicked me in the shin, I went immediately to Nurse Nancy. And she disinfected the wound and she put some kind of ointment on it and she bandaged me up. She's terrific with a blood pressure cuff and I know everyone of us at one time or another has been grateful to have a nap on the bed in the backroom. They say that nurses are angels in comfortable shoes, they say that nurses dispense comfort, compassion and caring without even a prescription. And our Nurse 09500293.doc 27  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 Nancy has done that for all of us since she came to the state capital in 1977, moved to this… this building in 2001. She's been there with warm words as well as warm healing for each and every one of us. We wish her the best in her retirement and we're sorry that she's leaving us in the lurch. Thank you, Nurse Nancy."

Speaker Lyons: "The Lady from Cook, Representative Debbie Graham."

"Thank you, Mr. Speaker. As you all know, I became violently ill last year and I… I was really having a tough time. I was really sick and Nurse Nancy was really just what the doctor ordered in a time when you don't know what's happening to you. She was very reassuring that I was going to be okay, she talked with me, she made sure that the hospitals received me in a way that I would be comfortable. When I returned home from the hospital needing to have surgery, I received a box in the mail at my house. And in the box was a little Raggedy Ann doll. And Nurse Nancy sent me the doll and said, just so you wouldn't go through you surgery alone, I've sent you this doll. She was very compassionate, she called to check on me. Things that she just didn't have to do. Once she got me out of this building she could have said, the doctors will take care of her, let them handle it from here, but she wasn't that way. She had her personal touch all the way from here to Chicago. So, thank you so very much. I'm going to miss you and you've been such a great nurse."

Speaker Lyons: "Gentleman from DuPage, Representative Bob Biggins. Representative Biggins." 09500293.doc 28  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008

"Representative Mary Flowers."

"Thank you, Mr. Speaker. I, too, would like to take this opportunity to thank Nurse Nancy. It's been about 17 years ago that I was pregnant and Nurse Nancy took very good care of me. And then after I had my daughter and she would come down to Springfield with me, she would also go into Nurse Nancy's office and lay down and take naps. And Nurse Nancy was an extended part of my family. And this House will truly be… she's going to be missed in the Illinois House of Representatives. And we love you. And Makeda loves you as well. Thank you very much, Nurse Nancy, we're going to miss you."

"Representative Bill Black."

Speaker Lyons: "The Chair recognizes Representative David Miller."

"Thank you, Mr. Speaker. I just want to add into the congratulations with Nurse Nancy. I want to thank her for allowing me to perform minor dental procedures on 09500293.doc 30  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 individual Members here, my instruments have been… been there and she's allowed me the professional courtesy. And to treat from Representative Turner and Representative Bob Rita and I think Representative Fritchey, I've treated back there. And so once again, just congratulations. And thank you and God bless you."

"Representative Linda Chapa LaVia."

"Thank you, Speaker and Members of the House. Nurse Nancy has an amazing space in my heart, my girls love her to death. And most of the kids… our children here love her because when we… when they come to Springfield, they like us but they really love Nurse Nancy. In fact, on the way out here today my youngest, Jackie, said, and Veronica, give Nurse Nancy a hug and a kiss. Nurse Nancy, I love you from the bottom of my heart. Everything you've done for all of us, I'm sure all of us have a story or two (2) to say about you. But the compassion and the love that you generate in your office, you are going to be so missed. And I'm going to be so sad to go home this week and have to tell my girls that they're not going to get another kiss and hug from you. So, you have to make sure you give us your information of where you're going, the Bahamas or Jamaica or what have you. Keep in contact with us because you are going to be so, so missed. I love you from the bottom of my heart. God bless you and keep you safe in the next years. And… and enjoy your retirement. But I'm going to miss you so much. I love you."

"Representative Ken Dunkin." 09500293.doc 31  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008

"Thank you, Mr. Speaker. I, too, would like to offer congratulations and a heartfelt goodbye to such a wonderful person. I mean, consistently sweet, nice, always have a big bowl of candy stashed in different rooms. Nurse Nancy, or Nurse Betty as I would affectionately call you, you are one of the superstars of this building, quite frankly. Always in the right spirit and the right positive mindset. So, we love you down here, obviously. Thanks for taking care of me. Thanks for allowing me to snore and take my shoes off and enjoy your great company and your hospitality. You will be missed. Thank you."

"Representative Chapin Rose."

"Representative Barbara Flynn Currie to close. Leader Currie to close. Barbara. Leader Currie."

"Is this House Resolution 1620? No. Just… oh, I move for the adoption of House Resolution 1541… with the… with the inclusion of all the Members of the House added as cosponsors."

"With the leave of the House, Representative Currie moves for the adoption unanimously of House Resolution 1541. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Resolution is adopted. Nurse Nancy, once again, thank you and God love you. And thanks for all your work. Ladies and Gentlemen, I do want to announce that everybody should have received a copy of 09500293.doc 32  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 the 2009 schedule, the 96th General Assembly. So, these should be on everyone's desk. All Members of your staff should have this, secretaries listening in. The new Calendar is out, copies should be made for all to have a copy of this available to you to know what dates we're in Session next year. The Chair now moves for Representative Mike… Representative Fortner… Ladies and Gentlemen, Representative Fortner does have a Death Resolution to present. I'd ask all staff members to please get off the floor or reside to the back of the floor. All Members to please to be at their desks. Representative Currie."

"Thank you, Speaker and Members of the House. First, I want to remind everybody that there's a reception for Nurse Nancy in Room 114 at 4:00 this afternoon with more toasts at 4:30. But I also have a Motion on House Resolution 1620. This Resolution is a congratulatory Resolution drafted by the State Treasurer in honor of the President- elect."

"Representative Currie, we'll get to that. But we do have the Death Resolution, House Resolution 1599. The Chair recognizes Representative Fortner. Read the Resolution, Mr. Clerk."

"The Chair recognizes the Gentleman from DuPage, Representative Fortner." 09500293.doc 35  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008

"We'll ask for a moment of silence. Thank you, Ladies and Gentlemen. All those in favor of the passage of House Resolution 1599 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Resolution is passed unanimously and 09500293.doc 36  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 sponsored by all Members of the House. God bless you, folks. Ladies and Gentlemen, returning to House business on the Calendar… on page 3 of the Calendar, Mr. Clerk, there's Senate Bill 934. Representative Hamos. Are there any Amendments, Mr. Clerk? What's the status of the Bill?"

"On request of the Sponsor, Mr. Clerk, move that Bill back to the Order of Second Reading. Are there any Motions filed, Mr. Clerk?"

"Representative Karen May on the Amendment to Senate Bill 934."

"Yes. We have Senate… we have House Amendment 3 and House Amendment 2, which ones are approved? House Amendment 2 came out of committee. Do you have a House Amendment 3?"

Speaker Lyons: "Mr. Clerk? Both were approved… both Amendments. We'll start with Amendment #2, Representative May."

"Okay. Thank you. Yes. House Amendment 2 is a gut and replace to deal with trying to move this important Bill forward. First of all… Okay. Yes. I think Majority Leader's asking that we adopt both Amendments and discuss it on Third? Is that… is that possible? I move… I move the adoption of both Amendments, please."

"The Lady moves for the adoption of Amendment #2. All those in favor signify by saying 'aye'; those 09500293.doc 37  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. Amendment #2 is adopted. On Amendment #3, Representative May."

"I move the adoption of Amendment 3."

"Representative Eddy, do you have a question on Amendment #3?"

"Yes."

"Representative May has moved for the adoption of Amendment #3. All those in favor signify by saying 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment #3 is adopted. Anything further, Mr. Clerk?"

"Third Reading. Read the Bill, Mr. Clerk."

"Chair recog… Chair recognizes the Lady from Cook, Representative Karen May."

"Yes, thank you, Mr. Speaker. This is a very important issue that I am pleased and honored to try to move forward to help what so many people have worked on. First of all, I want to thank the Speaker for allowing us to try to move this important Bill, which is very much the same as Senate 09500293.doc 38  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 Bill 1900. I certainly need to give credit to Representative Julie Hamos for the… for allowing it to be placed on Senate Bill 934. And most of all, Representative Saviano, who has worked so hard on this important Bill and in fact, it had ninety-four (94) Sponsors. This is very similar to Senate Bill 1900, except that it has changed the rulemaking language. And I appreciate the Speaker allowing some compromise there to try to get this solved. We also need to thank people like Patti Bellock and Kathy Ryg and Brosnahan and Representative Fritchey who have worked so hard on it. As I say, I think you know the concept. It's providing insurance coverage for children up to age 21 who have autism spectrum disorder. I'll be happy to answer any questions."

Speaker Lyons: "The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."

"Sponsor yields."

"That is correct."

"That is the major difference. There are a couple of minor differences, but that is the major difference…"

"…in an effort for a compromise to move this forward."

"Yes. It says that we make the rules in accordance with the Administrative Procedures Act, which is what this Body has operated under for many years."

"Yes, that's my understanding."

"I think it's meant to clarify. I'm going to try to move this Bill forward. It's as simple as that."

"I believe that that's very correct. As I say, it's… it's a compromise. It's a way to move this important concept forward." 09500293.doc 40  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008

"No. None have come to my attention. And quite frankly, I mentioned, you know, the excellent work done by Representative Saviano. And you will notice… well, yes, he is there, as a Sponsor. He is supporting this as a way to move it forward, the important concept that he worked on."

"Yes."

Speaker Lyons: "Chair recognizes the Lady from DuPage, Representative Patti Bellock."

"Representative Julie Hamos."

"Thank you. Ladies and Gentlemen, in response to the questioning before, I think this rulemaking provision is actually very different than what we've come to expect all spring. And I think a welcome sign that maybe we can move some Bills forward that had not been able to be moved forward. Actually, I think the answer to the question from before is more about the fact that we had stripped the Governor of any rulemaking authority. This actually validates that we have rulemaking authority, but it has to be in compliance with the American… with the… with the Administrative Procedures Act. So, I do see these actually as very different. And I think, again, a welcome sign that we can move more Bills this spring. To the… to the Bill itself, Ladies and Gentlemen, as the previous speakers have already indicated, this is an incredibly important Bill that thousands of families are looking to us to enact. We only hope that the Senate will move expeditiously so we can really get it done. I think it's a welcome day when we can 09500293.doc 42  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 work with the insurance industry, quite honestly, and ask them to really support the kinds of the family therapies and children therapies that we believe that they're coverages should already apply to. So, please vote 'yes' on a very important Bill. And I do commend Representative May for moving this forward and really getting it before us today. Thank you."

"Chair recognizes the Gentleman from McLean, Representative Dan Brady. Representative Brady."

"Sponsor yields."

"Yes. The definition in… in the Bill provides for the entire spectrum."

"Yes. That's part of…"

"…the definition, yes."

"Representative May to close." 09500293.doc 43  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008

"Yes. Thank you… thank you so much to Representative Bellock and Hamos for speaking in favor of this. And Representative Bellock, I know you're added as the top Sponsor. Representative Hamos, Representative Ryg, especially Representative Saviano and Representative Bellock and so many people have worked on this. It was just my idea to take… approach the Speaker and try to solve the impasse. So, I thank him also for moving this forward. It is so important for the children who have autism and the families in… in our state. And I really appreciate your support."

"Ladies and Gentlemen, this Bill will require 71 votes. The question is, 'Should Senate Bill 39… 934 pass?'" All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Collins. Representative Jefferies. Mr. Clerk, take the record. On this Bill, there are 109 Members voting 'yes', 0 voting 'no' and 0 voting 'present'. And this Bill, having received a Constitutional Supermajority, is hereby declared passed. Mr. Clerk, on page 3 of the Calendar, Representative Gary Hannig has Senate Bill 1511. Read the Bill, Mr. Clerk. Mr. Clerk, on request of the Sponsor, move that Bill back to the Order of Second Reading. Are there any Motions filed, Mr. Clerk?"

"Gentleman from Montgomery on Floor Amendment #3, Representative Hannig."

"Yes. Thank you, Mr. Speaker, Members of the House. This was recently approved by the Executive Committee. And I'd just ask that we adopt the Amendment at this time and then debate the Bill on Third Reading."

Speaker Lyons: "Motion to adopt House Resolution… House Amendment… Floor Amendment #3. All those in favor signify by voting 'yes'; those opposed vote 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"

"Third Reading. Read the Bill, Mr. Clerk."

"Gentleman from Montgomery, Representative Gary Hannig."

"Yes, thank you, Mr. Speaker and Members of the House. The Clean Coal Technology Bond Fund is essentially out of any additional bonding authority. And so, what this Bill would do would increase that bonding authority… would increase that bonding authority for clean coal projects by thirty five million dollars ($35,000,000). It would also clarify that a proposal for the Tenaska plant that's in my district, it would clarify that that is a project that would qualify to compete for the thirty-five million dollars ($35,000,000). In fact, Tenaska would only need seventeen million (17,000,000) if it were approved or eighteen (18,000,000) if it were approved of, but clearly, 09500293.doc 45  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 there would be other projects that would come forward that would have a need as well. And it would give the Clean Coal Board an opportunity to review those projects and to… and to make some awards. So, that's what this would do. Clean coal, I think, is the future for downstate Illinois. We need some help though, sometimes in moving forward with projects. And… and I think this will be a helpful step forward for us in my part of the state. I'd ask for your 'yes' vote."

Speaker Lyons: "Chair recognizes the Lady from Cook, Representative Rosemary Mulligan."

Speaker Lyons: "Sponsor yields. Rosemary, before you ask questions. Ladies and Gentlemen, can we please keep the level of noise down. We have debate on a very serious Bill for Mr. Hannig. Representative Mulligan."

"It's expected to cost seventeen million (17,000,000), Representative."

"Well, Representative, I… I don't know that… I don't know that we can say that this bonding authority 09500293.doc 46  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 automatically gives Tenaska the seventeen million dollars ($17,000,000). This simply allows the State of Illinois to sell bonds for the purposes of promoting Illinois coal. We still have to do an appropriation Bill on the other side of this, that Bill would have to come from the Senate, 'cause we're out of Bills in the House… approp Bills. And so, this would be a part of it. But clearly, whether Tenaska is approved or not approved there's room, even if they are approved, to do other clean coal projects around the State of Illinois under this proposal."

"I think that's the original language, Representative, that was… that was in the Bill."

"Well, Representative, it's my understanding that that language was originally in the Bill. At one time we were going to strike it as archaic language because it was put in, I think, 1990. But Dynegy advised us that perhaps they'd… they'd reconsider at some point. And so, we didn't want to take away that option. And so, it's… it's back in the Bill."

"Where would it come from?" 09500293.doc 47  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008

"We would authorize the thirty-five million dollars ($35,000,000), I think… I believe that those bonds are paid… I believe that they're paid off by the sales tax on coal."

"Sales tax on coal. So, when… when coal is sold, there's a sales tax that assessed just like any other commodity. And that money goes into this dedicated fund for the purposes of paying back… to making the debt service payment."

"Well, Representative, in this step we would authorize the thirty-five million (35,000,000). Then you have a board that actually looks at projects and make determinations. So, they would have the authority… and I think Representative Eddy and Representative Bost, who I… I put on this Bill it doesn't show it on the board, but they're cosponsors of the Bill with me. They have an opportunity to review these projects as well and have a final say."

Speaker Lyons: "The Chair recognizes the Gentleman from McHenry, Representative Jack Franks."

"Thank you, Mr. Speaker. Inquiry of the Chair?"

"State your inquiry."

"Have… have we… are we on Amendment #3, which has been adopted? And is it my understanding that Amendment #2 was never out of Rules?"

Speaker Lyons: "Representative, I believe… Representative Hannig, we adopted Amendment #2, or no, #3."

"Three."

"Oh, #3. We amended it"

"I don't know what the status of 2 was. The Clerk might advise us. Mr. Clerk?"

"Clerk… Mr. Clerk, verification."

"Thank you. If the Sponsor will yield, I'd like to ask him a few questions."

"Sponsor yields."

"Representative, I'm reading the analysis as well as the synopsis. And what I'm understanding is the Bill, this allows an additional thirty-five million dollars ($35,000,000) in general obligation bonds to be issued." 09500293.doc 49  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008

"Un… under the coal and energy development portion of the Act."

"Correct."

"The clean coal part."

"And it would allow a company, Tenaska Energy, to obtain those moneys if in fact they did an upfront, site specific front end engineering and design study, which could costs tens of millions of dollars, correct?"

"That's correct. We… we've said that Tenaska will come to us with a detailed study before we would go… before we in the Legislature would authorize them to go forward with the project. Part of what this will do is allow them and others to come to the State of Illinois and talk in terms of trying to get money. In other words, to compete for clean coal money for the project. This… this actually authorizes the bonds."

"Is Tenaska a publically traded corporation?"

"I think they're privately held, Representative, but I'm not certain."

"Okay. Because this… we're talking about a lot of money. We're talking about a thirty-five million dollar ($35,000,000) bond that we'd be giving to help them build this new facility. Correct?"

"Right. And… and so… so part of this whole bonding authority is… this clean coal portion… is to try to help cutting edge technologies actually show that they are feasible in the State of Illinois for the purposes of encouraging other… other entities, governmental or private, to use the technology. So, we would make grants, for 09500293.doc 50  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 example, to an energy company, perhaps Excelon or… or some other company, could be any of them. If they had a cutting edge technology, for example, in the area of a scrubber. They would come to the State of Illinois, we have this board where all the caucuses are represented, they would make their presentation, the staff would analyze all the presentations and in the end, they would… they would make some awards. And that's typically how this money works."

"But this is not proven technology?"

"Usually none of it is, Representative. I mean, of the thirty-five million (35,000,000) it will all go to new technology."

"I understand. But I'm looking at the synopsis as introduced, and I don't know if your Amendment changed it. But it said that the contractor has to be a small business enterprise. Why would we limit it to a small business enterprise when we're talking about cutting edge technologies where sometimes they come from the big, established corporations of the world?"

"Well, Representative, I… I don't know maybe it's on… I'm not sure which… which language you're looking at."

"If you look on the analysis that we have, the…"

"I'm… I'm just looking at the Bill. And basically, we changed some numbers, as I spoke, thirty-five million (35,000,000)."

"Well, I…"

"And we… and we…"

"…look at the surety bond issue. And that's… that's what my real question goes to. Because what I think that 09500293.doc 51  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 this Bill does is it waives the requirement of a surety bond for a public construction contract on… with two (2) caveats; if the contractor is a small business enterprise and the otherwise required bond amount plus other surety bond amounts are waived by the board. So, my question is, is that still part of your Bill under the House Amendment #3 and if we're waiving a surety bond, are we having personal guarantees?"

"Representative, what the bond… what the Bill does… and… and these are the changes. And I've actually got the language of the Bill, is on the first page on 12 it changes a number. In other words, it increases the bond authorization in the general obligation area. Then it goes down on page 2 and… and… and says the same thing in the coal and energy development area. So, there we're just changing numbers. We're increasing by thirty-five million (35,000,000). And it includes then… it says, thirty-five million (35,000,000) is for the purposes of a facility cost report prepared pursuant to the Illinois Power Act. And it also says that… and for the purposes of facility or cost reports prepared pursuant to this Section of the Illinois Power Act. There it's simply trying to say that Tenaska can compete, that it wants to clarify that Tenaska is an eligible project to compete for this money. But that's… that's all that it does. I don't know that it changes anything else. So, all I was trying to do is say that we would increase the bonding authority by thirty-five million (35,000,000) to try to promote Illinois coal. And truthfully, to make sure that Tenaska could compete for 09500293.doc 52  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 that money. That's all that this Bill does that I'm aware of."

"Okay. I was looking at the underlying Bill in the synopsis. And I understand that that's now been taken out and House Amendment #3 becomes the Bill."

"That's correct."

"Okay. That's… that's what I was trying to find out. 'Cause my concern was with the way it was written, it did not look like the state was being protected. But that's been taken care of and that's what I needed to know. Thank you."

"Thank you."

Speaker Lyons: "The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."

"Sponsor yields."

"That… that's correct." 09500293.doc 53  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008

"The Gentleman from Macon, Representative Bob Flider." 09500293.doc 54  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008

"Yes, thank you, Mr. Speaker. Will the Sponsor yield?"

"Sponsor yields."

"Yes, Representative Hannig, I didn't get a chance to hear your earlier explanation of the legislation, it's kind of loud in here and everything. But is this specifically for the Tenaska project? Are there any other purposes that this would… these funds would be used for?"

"Representative, it basically does two (2) things. One, it increases the bonding authority that's available for the Clean Coal Board to make awards in the State of Illinois for projects that they feel are competitive and… and can be helpful to Illinois coal. And secondly, it clarifies that the Tenaska project that's in my district and near yours can qualify to compete for that money. It… and that's all it does."

"Well, that's… actually that's reassuring. That's even better news than I thought, because I know that there's a facility in Decatur, Illinois, the Secure Energy Plant that is awaiting funding from the coal development fund. And it very likely is that this could be a source for helping that project move forward as well. And I would just want to point out that… and I think the previous speaker did so very eloquently. You know this… this project, Tenaska and the others that are being… in which we are looking at developing programs to use Illinois coal cleanly in an environmentally acceptable manner are vitally important for our future. You know, we at the national level are hearing all kinds of things about renewable resources. We, as a state, are going to be implementing programs to generate 09500293.doc 55  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 electricity through renewable resources. But Ladies and Gentlemen, let me tell you, nobody's building power plants right now. Nobody is building electric generation because utilities aren't doing it, they're unregulated. The unregulated generating companies aren't building power plants. So, if we do not find a way to give Illinois coal a leg up, we're going to find ourselves in a world of economic hurt in the future when our economy rebounds when manufacturers are going to want to locate to Illinois and we don't have the power. So, we're going to need not only a lot of power for our future, but we're going to need it to be using… we're going to need to be using Illinois coal to do that. It just makes sense. We have an incredible number of BTUs in the ground in Illinois. And this is a step forward and if we do not continue to move forward on legislation like this, nobody's going to be building power plants. We need these demonstration projects. And we just have to continue to move forward. I want to thank you for your continuing efforts. And not only that, but for the jobs that these projects will create."

"The Gentleman from Vermilion, Representative Bill Black."

"State your inquiry."

"Yes, Sir."

"Sponsor yields."

"Representative, I… I'm advised that we needed to raise this cap because what… because there is no money in the account or…"

"…or not enough to do very much."

"Well, Representative, it… all I can tell you is that the… the people who make these awards advised me that they have… they have no bonding authority left. So, it could be that they've already… that they've already obligated some of these dollars to projects that are not yet coming to the construction phase. So, in other words, they may have made a commitment to a big project. I don't know, I don't sit on that board. I'm only speculating. But they very well could have made a commitment to a big project and they simply haven't written a check yet. And… and… but they want to make sure that there… that they have the money when they get to that point. And so, that could be one reason."

"Well, Representative…"

"So, all I can tell you is that when the Tenaska people approached the Governor's Office and said that they would like to fill out an application and compete, they were told there's no money left. Representative Reitz, who sits on the board, along with I think, Representative Eddy and Bost, on your side of the aisle, he advised me that all the money is obligated to existing projects. I don’t sit on the board and so all I can tell you is what I've been advised."

"I… we… we don't have it right now, but I'm certain we can get you a list, Representative."

"I'm advised that when coal is hoisted and sold that sales tax is collected and that the… some of the sales tax is used to pay that off."

"I… I don't know, Representative. I… I would suspect that it probably hasn't gone up. Although, I can tell you that it seems that we're starting to see a resurgence of… of coal in our… in our areas. I know there's a coal mine that's… that's getting a… seeking a permit in my district. But I… I don't know the answer."

"It seems the Senate is preoccupied with some issues that don't concern us so much, but…"

"…they haven't done a lot of business lately."

"Well, Representative…"

"I… I think the whole purpose of the proposal is that if we can… if we can promote Illinois coal, we sell more Illinois coal, we collect more Illinois sales tax from that coal. So, it's a way that we can use the industry to promote itself. And I think Governor Ryan actually created 09500293.doc 59  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 this part of the statute, perhaps… maybe he only amended it, but clearly it's an effort to try to move Illinois coal forward. And I… you know, I think that this is an opportunity for us in a region of the state where coal has some potential, where they are starting again to look at coal mines to try to… to try to promote this… this resource."

"The Gentleman from Cook, Representative Jim Durkin."

"The Gentleman from Randolph, Representative Dan Reitz."

"Sorry about that. Thank you, Mr. Speaker. I'd appreciate an 'aye' vote on this. I've spoken with the director of the Coal Development Department, he's talking with the Republican staff right now. All of the GO Bonds under this section are obligated. This will expand that and allow us to hopefully put more clean coal technology in Illinois. There are only three (3) plants in the United States that are using gasification right now. They're currently building about thirty (30) in China. And this will allow us to start a new technology up, will allow us to use the findings from this study for the Tenaska project to open up hopefully more gasification projects. We'll get very close to clean coal, which is a misnomer in some people's eyes. But I think this is a… a great Bill. It's a good step in the right direction. So, I'd appreciate an 'aye' vote."

"Representative Gary Hannig to close."

"Well, thank you, Mr. Speaker and Members of the House. It seems as if we wish… if we really wish to try to solve the economic problems that we face here in Illinois, we would all agree, I think, that we have to find ways to create more jobs, and good paying jobs. And I have to tell you that as someone who represents a coal mining area that coal jobs are good paying jobs, that coal mines will employ two or three hundred (200 or 300) people on an 09500293.doc 63  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 annual basis and give them benefits and… and give them health care. And they will provide… so that they can provide for a family. And that they can pay taxes to the State of Illinois. So, it just seems to me that we have this program in place, it's been in place for a period of time. From time to time we come back to this Assembly, we ask for additional authorization so that we can continue to make investments in cutting edge technologies here in the State of Illinois, so that we can try to put Illinois coal miners back to work, so that we can create new jobs. This is a jobs Bill. It's been a successful program in the past, we need to continue to make it move forward. And we have all this money as obligated and we simply need to raise the authorization. So, this is a bipartisan effort to help the coal mining industry in Illinois find ways to burn clean coal, create jobs, in a way that doesn't hurt the environment. I'd ask for your 'yes' vote."

"Ladies and Gentlemen, as a reminder, this Bill will require 71 votes. The question is, 'Should Senate Bill 1511 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 107 Members voting 'yes', 3 Members voting 'no'. This Bill, having received the Supermajority, is hereby declared passed. Mr. Clerk, what's the status of Senate Bill 2322?"

"Move that Bill back to the Order of Second Reading. Are there any Motions, Mr. Clerk?"

"Representative Berrios on Floor Amendment #1."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 2322, the Amendment, what it does is helps an establishment that is in my district. They are over a hundred (100) feet away from a location, door-to- door, but they haven't gotten the approval for their liquor license. And we're trying to help them out."

"You've heard the Lady's Motion. Representative Moffitt on the Amendment or do you want to wait to debate it on the… on the floor? Thank you, Representative. All those in favor of the adoption signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"

"Third Reading. Read the Bill, Mr. Clerk."

Speaker Lyons: "The Lady from Cook, Representative Toni Berrios."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Again, this Bill is helping an establishment in my district that's a restaurant that would like a liquor license. The actual location previously had a liquor 09500293.doc 65  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 license, but the new owner doesn't have it yet. And I'd like your support on it."

"The Chair recognizes the Gentleman from Knox, Representative Don Moffitt."

"Sponsor yields."

"They probably are. They did not put in a slip today in committee."

"Representative Berrios to close."

"I'd ask for your support. Thank you."

Speaker Lyons: "Ladies and Gentlemen, this Bill will also require 71 votes or a Supermajority for passage. So, the question is, 'Should Senate Bill 2322 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Berrios?"

"Take it out of the record. Postponed Consideration."

"Out of the record… we'll put that Bill… Mr. Clerk, we'll put this Bill on Postponed Consideration. Representative Yarbrough, for what purpose do you seek recognition?" 09500293.doc 66  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008

"Purposes of an announcement, Mr. Speaker. The Appropriations-Public Safety Committee hearing is canceled for tomorrow."

"Thank you, Representative. Representative Bob Molaro, you have Senate Bill 2452. What's the status of that Bill, Mr. Clerk?"

"Is Representative Molaro in the chamber? Out of the record. Representative Dan Reitz, you have Senate Bill 2562 on page 4 of the Calendar. What's the status of that Bill, Mr. Clerk?"

"Representative Reitz on Floor Amendment #2."

"Table Floor Amendment #2, please."

Speaker Lyons: "Representative, you… you care to withdraw Amendment #2?"

"Please… sorry."

"Withdraw Amendment #2, Mr. Clerk. Is there any other Motions?"

Speaker Lyons: "Representative Reitz on Amendment #3… on Amendment #3… Floor Amendment #3."

"Thank you, Mr. Speaker. Floor Amendment #3 becomes the Bill. This is from last year, an agreement we had with all the outdoor organizations and with the Department of Natural Resources and the administration trying to save the pheasant hunting program. This will raise the current fee from fifteen dollars ($15) to twenty-five dollars ($25) for residents of Illinois to hunt pheasants per day. And will raise it to thirty-five dollars ($35) for out-of-state residents. And I'd be happy to answer any questions… or I will on Third."

"Discussion on Amendment #3? All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment #3 is adopted. Anything further, Mr. Clerk?"

"Third Reading. Read the Bill, Mr. Clerk."

"Representative Dan Reitz."

"Thank you, Mr. Speaker. As I said earlier, this will raise the… the fee for pheasant hunting from fifteen ($15) to twenty-five dollars ($25) and then an extra ten dollars ($10) for out–of-state residents. This will allow us to generate even more money and make the pheasant hunting program within the Department of Natural Resources even more… well, it'll help pay for itself. So, I'd appreciate an 'aye' vote." 09500293.doc 68  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008

"Is there any discussion? The Chair recognizes the Gentleman from Vermilion, Representative Bill Black."

"Sponsor yields."

"That's correct."

"That's correct."

"Representative Reitz to close."

"Thank you. I appreciate the comments. As Representative Black said this is… this will allow us to 09500293.doc 69  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 keep the pheasant hunting program. Will actually keep the fees down if we don't have pheasant hunting on state grounds, the public or the private grounds will go up. This is another case where hunters are stepping up to the plate and paying their way. All of the sporting groups are… have agreed to this. So, I'd appreciate an 'aye' vote."

"Ladies and Gentlemen, again, this Bill will require 71 votes or a Supermajority for passage. Therefore, on Senate Bill 2562 all those in favor of its passage signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Mr. Clerk… Representative Bellock, Feigenholtz, Sommer, you want to vote? Mr. Clerk, take the record. On this Bill, there are 94 Members voting 'yes', 13 voting 'no', 1 voting 'present'. This Bill, having received the Supermajority, is hereby declared passed. Representative Gary Hannig, you have Senate Bill… on the Order of Senate Bills-Second Reading, Senate Bill 2824. What's the status of that Bill, Mr. Clerk?"

"Representative Hannig, on Floor Amendment #1."

"Okay. So, we need to withdraw Amendment #1." 09500293.doc 70  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008

"Motion to withdraw Amendment #1. Mr. Clerk, further Amendments?"

"Representative Hannig, on Amendment #2."

"Yeah. This is the underlying Amendment that was approved by the Exec Committee. I'd ask that we adopt it and then debate it on Third Reading."

"Okay. Is there any discussion? Seeing none, the question is, 'Should Amendment #2 be adopted?' All those in favor signify by voting… saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment's been adopted. Anything further, Mr. Clerk?"

"Third Reading. Read the Bill, Mr. Clerk."

"Representative Gary Hannig."

"Yes. Thank you, Mr. Speaker and Members of the House. As amended this applies to only one school district in the State of Illinois. And I'll try to briefly explain what it does. Under the… under existing law when a… well, let me even start a little bit before that. We had a school district in… in my legislative district that annexed a smaller area, the Pana School District, a larger school, picked up Tower Hill, a smaller school. One of the things that the Pana School District promised the Tower Hill 09500293.doc 71  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 people was that they wouldn't raise their property taxes based on anything that had happened before the consolidation. That only things that happen after the consolidation would be considered, and that Tower Hill could keep the lower rate. So, time goes by there's a consolidation takes place or an annexation. Pana now sees an opportunity to refinance some of their bonds, but the bond council advises them that under the existing law it's okay for them to buy back those old bonds that are on the market and to turn around and sell an equal amount of new bonds at a lower interest rate. But the problem is, that they spread that cost now not just to the people from the old Pana School District, but now they would spread those costs over the entire school district. The school board in the Pana District felt and I think this is a correct interpretation, that that violated their agreement that… that they had given to the people of Tower Hill and would require them to pay a higher property taxes for bonds that were issued before the annexation. So, this Bill simply says that yes they can do those things that make economic sense. They can… they can retire the bonds that are existing, they can issue new bonds under the same guidelines that we always have. They can't be for a longer period of time that were… than… than was outstanding on the old bond. It can't be for a greater amount of money that was… than it was retired, but it will be for a lower interest rate and the people in the old Pana School District then would bear the entire amount of these costs and not the people from the Tower Hill area that was 09500293.doc 72  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 combined. So, what this Bill really boils down to is it's for one school district, in my district, that wants to take advantage of lower interest rates, but they also want to keep their word to a school district that was annexed into their district and they need this piece… they need this legislation in order to make that happen. That's all it does. I know it's a complicated story, but I'd ask for your 'yes' vote."

Speaker Lyons: "The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."

"Sponsor yields."

"That's correct. That's the underlying reason that they're doing it."

"Thank you, Representative."

"Representative Hannig to close."

"This is something that the Pana School District brought to me and as I said I think that they're doing the right thing. They're trying to keep their word, but they're also trying to save taxpayers' money. So, I just ask for your 'yes' vote."

Speaker Lyons: "Ladies and Gentlemen, this Bill will also require 71 votes for passage. All those in favor of the passage of Senate Bill 2824 signify by voting 'yes'; those opposed vote 'no'. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Black. Mr. Clerk, take the record. On this Bill, there are 109 Members voting 'yes', 0 voting 'no', 1 Member voting 'present'. This Bill, having received a Constitutional Supermajority, is hereby declared passed. The Chair recognizes Representative Barbara Flynn Currie for a Motion."

"Thank you, Speaker. I move to suspend the posting requirements so that Senate Bill 1985, House Resolution 1597 and Senate Joint Resolution 78 and Senate Bill 2083 may be heard in the near future in their appropriate committees."

"All those in favor of suspending the posting requirements signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. 09500293.doc 74  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 And the posting requirements are suspended. Anything further, Representative Currie?"

"Thank you, Mr. Speaker. I also have a Motion on a Resolution, House Resolution 1620. This is a congratulatory Resolution for our President-elect native son, Barack Obama. And my question is, may I have leave so that all the Members of the House may be added as cosponsors?"

"With leave of the Body, Representative Currie moves to have all Members of the House be part of this Resolution as cosponsors. All those in favor of that signify by saying 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And all Members are added. On the Resolution, all those in favor of the adoption of House Resolution 1620 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Resolution is adopted with all Members being cosponsors. On page 5 of the Calendar under the Order of Concurrences, Representative Saviano, Skip Saviano, has House Bill 4249. Representative Saviano makes the Motion to Nonconcur with Senate Amendments 2 and 3 to House Bill 4249. Representative Saviano, the Gentleman from Cook."

Speaker Lyons: "Gentleman moves to nonconcur with Senate Amendments 2 and 3 to House Bill #20… 4249. All those in favor signify by saying 'yes'; those opposed say 'no'. In 09500293.doc 75  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 the opinion of the Chair, the 'ayes' have it. And the Motion is successful to nonconcur with Senate Amendments 2 and 3 to House Bill 4249. Representative Mary Flowers, you have House Bill 4374 on page 5 of the Calendar, on the Order of Concurrences. I believe your Motion is to nonconcur with Senate Amendments 1? Representative Mary Flowers, on House Bill 4374."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I move to nonconcur with Amendment #1 to House Bill 4374."

"Is there any discussion? Seeing none, the question is… the Sponsor moves to nonconcur with Senate Amendment #1 to House Bill 4374. All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Senate Amendment #1 is successfully nonconcurred to House Bill 4374. Mr. Clerk."

"Representative Bob Molaro, you have Senate Bill 2452 with an Amendment, I believe. Would you care to move that Bill? Mr. Clerk, what's the status of Senate Bill 2452 on page 4 of the Calendar?" 09500293.doc 76  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008

"Representative Molaro, on Floor Amendment #1."

"This is a… this… sorry, it's my first day. This is an initiative by the Supreme Court that talks about interfering with a judicial officer. It was passed in committee unanimously and is an initiative of the United States. And I'd ask for a favorable Roll Call as to the Amendment. Ask that it be adopted."

"Representative Gordon, you choose to ask a question on the Amendment or do you want to wait 'til its adoption and address it on Third Reading?"

"Oh, I'm sorry. I'll wait for the adoption, Mr. Speaker."

"On the adoption, you want to ask it now?"

"No, I'll wait for the adoption of the Amendment. Thank you."

"All those in favor of the adoption of Amendment #1 to Senate Bill 2452 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"

"Third Reading. And read the Bill, Mr. Clerk."

"Representative Bob Molaro." 09500293.doc 77  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008

"Thank you, Mr. Speaker. This creates two (2) new crimes: interfering with the duties of a judicial officer and retaliation against a judicial officer. As you know now… well, with the judiciary, they're up there making these decisions and you interfere with their duties or you come out and make, you know, frivolous claims against the judge that would put a very, very strong chilling effect, 'cause judges are making their rulings. And… so this, now prevents individuals from filing false liens against the property of a judge just to drive 'em crazy and cause all kinds of problems. Again, it's an initiative of the Supreme Court."

"The Chair recognizes the Lady from Grundy, Representative Careen Gordon."

"Thank you, Mr. Speaker. Representative Molaro, the Criminal Code as you know is… is huge at this point. I mean, there… there's repetitive crimes all the way through it. And my reading of the bribery statute would… would say that this is already covered. So, why are we adding something in that is already covered, really, under the bribery statute? Are we just saying it again because we… we just… we really mean it this time?"

"Were you talking to me?"

"I… I was."

"Well, obviously, I don't see it that way. I think they are new crimes in the sense that we want to say as public policy of the State of Illinois that you can't commit these crimes against a judge. And the other question is… or the other answer is, as I stated is an 09500293.doc 78  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 initiative of the Supreme Court of Illinois. And they also think that it's important to do that. And I really don't want to argue with those seven (7) justices. I think they are correct in bringing this forward so we could say, as a public policy of the State of Illinois, we're not going to let you intimidate our judges like they do in these Third World countries where a judge will find some drug dealer guilty and he's got to worry about the fact that his wife and his child could be put in jeopardy. So, that's what I think we want to stop here, nip this in the bud and let them know that we're not going stand for that type of treatment of our judiciary."

"Okay. So… so that's why we're going to say it twice in Illinois?"

"Yes. This…"

"Okay. Just… just to make sure. And… and when… the second crime that you're creating, which once again is expanding our Criminal Code, retaliation against judicial officers. Have there been specific instances that you can cite in any of the 102 counties in Illinois where specific types of liens were filed against judges in retaliation against cases? I mean, do you have specific cases? The names of the cases, the counties, the types of liens that were filed, how much moneys those… those liens were and whether or not, you know, and the types of liens that were created? Do you have any of that… those specifics? Or are we just saying that just in case this happens, we're going to make sure that, you know, that there's law on the books 09500293.doc 79  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 to keep it from happening, kind of a crystal ball type of thing?"

"No, I think it has happened. I… I…"

"And where was that, Representative?"

"I don't have that with me, but I'll certainly get it to you."

"But you just don't have that information right now?"

"Correct."

"Right. And… and… but it's something that once again the Supreme Court is… is saying that might be out there somewhere?"

"That also."

"I see. Well, I appreciate your expansion of the Criminal Code, once again, Representative. And as chairman of the Judiciary Law-Criminal Law Committee you are quite the leader. And I appreciate you presenting this to the House of Representatives today. Thank you."

"Thank you."

Speaker Lyons: "The Chair recognizes the Gentleman from Vermilion, Representative Bill Black."

"Sponsor yields."

"To the chagrin of many Members, that's not true."

"Almost." 09500293.doc 80  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008

"Correct, it's gut and replace."

"Yes."

"I don't think there is one."

"I… I…"

"My opinion it should be. And I hope the opinion of at least 60 other Members of this Body would feel the same way."

"Thank you." 09500293.doc 81  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008

"Chair recognizes the Gentleman from McHenry, Representative Jack Franks."

"Thank you, Mr. Speaker. Will Justice Molaro yield?"

"He will yield."

"Thank you. Senator, Representative, Judge, I've got a question on this… on this Bill. There… I'm reading the analysis. And it refers to allegations of concealment and alteration of records of the Circuit Court of Cook County made by Michael Kosik. Can you enlighten us what that's about?"

"I… I'm sorry, Representative, you're going to have to say that one more time?"

"This was in response to allegations of concealment and alteration of records of the Circuit Court of Cook County made by Michael Kosik. Do… do you know what that is or what that's about?"

"Well, basically what it says is, no judge, county clerk or any clerk or any public official can knowingly and without lawful authority alter or deface any type of public record. That's what's in the Bill. And it includes judges. We just made that specific."

"I under… I understand…"

"I'm sorry, wait, Jack, I'm sorry. That's the underlying Bill… that's gone."

"Oh, that's gone? Okay."

"Sorry about that."

"All right. Thank you. I understand the idea of the first crime that you have enumerated, the interfering with 09500293.doc 82  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 duties of a judicial officer, but I guess I… I would need your thought process on the second. Where the second crime we're talking about is retaliation against a judicial officer, preventing an individual from filing a false lien against the property of a judge. I… I'm wondering why the language would make this a Class IV felony when other… if a lien that was adjudicated to be false for any other individual would not be a Class IV felony. Why do we have a heightened penalty for basically a monetary issue?"

"Well, because basically what the Bill… this Amendment says if it becomes law, says not only does it have to be false, Representative, not only does the person who's charged, whoever gets charged with the crime, know it would be false, but it also says on account of the performance of the official duties of that individual. So, we would also have to prove this case that he did it because he was upset with the judge and some of his rulings. So, basically, what it would come up to, we certainly don't want it to be where… okay, we won't do slander. We'll file all these false liens or false… just to drive a judge crazy and have a chilling effect. Like I said earlier, Representative, one of the things that we have to do is make sure that a judge of all people can… can make a ruling and not be worried if some knucklehead's in his courtroom, and he said, I got to be careful because if I rule against this guy he's going to file a… all kinds of things that I'm going to have to deal with."

"I agree with that sentiment. I'm not sure this Bill gets us there, because I think it might be overly broad. 09500293.doc 83  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 For instance, if you look at the language where it's called a slander of title or a false claim. Let's assume for the sake of argument that you have someone who appears in front of a judge and he's unhappy with that judge for whatever reason. Perhaps the judge ruled against him in a divorce. But that same individual also happens to be the bank president that holds the mortgage on the judge's property, which the judge has failed to pay for sixty-three (63) days. As a result, the individual then sends a… a demand letter, files a complaint and foreclosure and then records the lis pendens, which would be a slander of title. Let's assume that there was a bank error and the judge was not delinquent sixty-three (63) days, but in fact was within this grace period. This person, under this Bill, could then be… the bank president could then be charged with slander of title and could be facing a Class IV felony. You understand my point?"

"Yeah. I… I understand the point. I think you happen to be wrong when you apply it, but I understand your point. The question would be… for the trier of fact, the question would be, was it for malicious purposes, was it for retaliation, was it for a… a ruling he made. If it was for because he owed the money and because there was a proper lien, then you're fine. You're not violating this law."

"Well, what happens if he makes a mistake? And here's a guy with a history with the judge, the judge rules… this history…"

"It's an intentional crime. If you make a mistake, you're free." 09500293.doc 84  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008

"Okay."

"Your… you can't be convicted."

"Okay. For… in purpose of a legislative intent it has to be scienter…"

"Oh yeah."

"…it has to be intentional."

"Right. Right. The guy… the people that are out there… the people who are actually doing this to retaliate against judges, who didn't like rulings and say, now I can get you out and make your life miserable 'cause you ruled against me. As… as Representative Gordon pointed out, thank God, there are only very, very few times this has happened, but judge, because it has happened and I think probably recently with the Supreme Court Justice himself… I don't want to get into it, would normally make it be where we just don't want to chill out our judiciary. Just like much, we don't want to chill ourselves out."

"Right."

"That every time we pass a Bill… that we pass a Bill someone doesn't like, that twenty-five (25) people in that association are going to file false, you know, whether it be lawsuits or liens against our property. Try to get a lien off you're property even if it's false. Good luck, once it's filed. I mean you probably can't sell it for two (2) years while you're trying to fight to get it off. And that's what we're trying to do in this Bill."

"Thank you. Thanks for clarifying that."

"Thank you. You're welcome." 09500293.doc 85  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008

Speaker Lyons: "The Chair recognizes the Gentleman from Champaign, Representative Chapin Rose."

"Gentleman yields."

"I… I sure hope so. I… I don't know. We're going to see what's coming from the Senate."

"No."

"It's a new… it's a new Bill."

"Representative Molaro to close."

"I would ask for a favorable Roll Call."

Speaker Lyons: "The question is, 'Should Senate Bill 2452 pass?' This Bill will only need 60 votes for pass. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all… Have all voted who wish? Representative Wait. Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative John Bradley, you have Senate Bill 1529 on the Order of Second Reading. Representative Bradley. Mr. Clerk, what's the status on that Bill?"

"Representative Bradley on Floor Amendment #3." Bradley, J.: "Yeah. This is supposed to fix a problem which has occurred. And basically, the problem is is that there was a regional office of education… that's all right I don't need anybody to listen… There was a regional office of education that was administering state employees. And so this would fix that problem and put these state employees where they should be under the state. So, I'd ask for an 'aye' vote."

"All those in favor of the passage of Floor Amendment #3 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"

"Third Reading. And read the Bill, Mr. Clerk."

"Representative John Bradley." Bradley, J.: "Yeah. As stated on the Amendment, that's what this Bill does. I'd ask for an 'aye' vote."

"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 1529 pass?' This Bill needs 60 votes for passage. All those in favor of its passage signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Krause, Rosemary. Mr. Clerk, take the record. On this 09500293.doc 87  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 Bill, there's 108 Members voting 'yes', 1 Member voting 'no' and 1 Member voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Agreed Resolutions."

"Representative Barbara Flynn Currie moves for the adoption of the Agreed Resolutions. We have a question, Representative Sullivan, on the Agreed Resolutions? Got to get back to you, Ed. All those in agreement… all those for the adoption of House… of the Agreed House Resolutions signify by saying 'yes'; those opposed say 'no'. The opinion of the Chair is the 'ayes' have it. And the Resolutions are adopted. Representative Ed Sullivan."

"Representative Sullivan, give us a few minutes and we will get back to you."

"Before we leave we'll answer that question."

"Ladies and Gentlemen, on the bottom of page 3 of the Calendar, under Senate Bills-Second Reading, Representative Tom Holbrook, you have Senate Bill 620, 6-2-0. What's the status of that Bill, Mr. Clerk?"

"Representative Holbrook on Amendment #4."

"Thank you, Speaker. House Amendment #5 replaces the Bill with the language we used for the… previously… for setting up training regulation standards for the railroad investigators. Right now, they're the only people now…"

Speaker Lyons: "Representative Holbrook, Representative Holbrook. There are two (2) approved, Amendment 4 and #5. We just want to verify that you are addressing Amendment #4."

"Yes. I… I move to adopt House Floor Amendment #4? I thought #5 was the actual language we wanted. Speaker, I'd move to table Floor Amendment #4 and adopt #5."

"I believe you want to withdraw Amendment #4?"

"To table #4 and adopt Amendment #5."

"Withdraw #4 and we'll proceed with adopting #5." 09500293.doc 91  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008

"Correct."

"Okay. Mr. Clerk, withdraw Amendment 4. And we'll proceed with Floor Amendment #5. Go ahead, Representative."

"Thank you, Speaker. Sorry for the confusion. I move to adopt Floor Amendment #5 to Senate Bill 620. I'd be glad to debate it on Third."

"Is there any discussion? Seeing none, all those in favor of the adoption of Floor Amendment #5 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment #5 is adopted. Anything further, Mr. Clerk?"

"Third Reading. And read the Bill, Mr. Clerk."

"The Gentleman from St. Clair, Representative Tom Holbrook."

"Thank you, Speaker. House Amendment #5 becomes the Bill. And what it does, it sets up standards for the railroad police. This is a Bill that's the same as the House Bill we passed out of here earlier on House Bill #5159. Right now, the… the only sworn officers in the State of Illinois that don't respond to a reviewing board are the railroad police. And this sets up a program for them where the Illinois State Police can review findings and report them to the ICC. Be glad to take any questions." 09500293.doc 92  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008

Speaker Lyons: "The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."

"Sponsor yields."

"Correct."

"This is identical to the original language of House Bill 5159 that passed out of here 91-17."

"Yeah."

"Thank you. Representative Eddy, it also has the amended JCAR language in it so that this thing can get passed and moved on."

"Okay."

"New and improved JCAR Amendment."

"The Chair recognizes the Gentleman from McLean, Representative Dan Brady."

"Sponsor yields."

"There have been problems where railroad police have done some things that needed to be reviewed, and it turns out the only people that… even though they're sworn officers that we've given them the authority here in the State of Illinois to be sworn officers, they're reviewed by their own management people. And we have incidences where it's come about that we feel that someone maybe then the president of CSN Railroad up in Toronto may be the final say on whether someone has taken proper action. So, what we did was we established this through the Training and Standards Boards, allow the State Police to review it if it's appealed and then turn it over to the ICC for whatever they feel has to be done as far as a final resolution to the incident. And… and again, this is not just an issue where maybe an employee had a problem, it's… there's even been cases to where people have… there was one case where they were trying to confiscate some people's firearms hunting along the right of way. Things like that. And 09500293.doc 94  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 there's really no review. They're the only sworn officer in the State of Illinois that we allow to be… to become officers that can do this. And they have no review process other than their management. Any other time you have a Police Review Board or a Citizen Review Board on police action for these law enforcement officers."

"Couldn't hear you?"

"Yes."

"This… this was…"

"…this was done right after 9/11 for national security reasons that we allowed that to be done here in the State of Illinois." Brady: 'No. You… you…"

"It was a response to the 9/11 terrorist issue."

"Yeah, but they weren't sworn officers. They became sworn officers after that. They had their own railroad police before that. But they were never sworn officers of the State of Illinois and they were after Sep… after the September 11 incident we felt that they had to have the 09500293.doc 95  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 authority to go on beyond their property and to make further investigations with these type of incidents because of terrorism. And we allowed that here in the State of Illinois. So, it's fairly recent that them being sworn officers recognized by the state went into effect. Before, they were just basically like Pinkertons or Wells Fargo people or things like that. They were their own police force within their own company."

"Right. The… the State Police will do the investigation and turn it over to the ICC, which has control over the railroads."

"Thank you."

Speaker Lyons: "The Chair recognizes the Gentleman from Vermilion, Representative Bill Black."

"Sponsor yields."

"Correct."

"Senate Bill 620, yes. It's… they… it's the new and improved JCAR clause."

"They have a new clause now that's going to…"

"…get us over all of these problems, we hope."

"No, I didn't, Representative Black."

"I was just… I was told there was a new and improved form and being proud not to be an attorney, I was glad I didn't stick my finger too deep in it."

"I have not spoke to Senator Crotty who has the Bill over there on this issue in the last week. She does know it's coming back. But she doesn't… I don’t know if she knows the specific JCAR language we've put into it, but I… I plan on letting her know as soon as it passes."

"To the Bill."

Speaker Lyons: "Chair recognizes the Lady from Cook, Representative Deborah Graham."

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

"Sponsor yields."

"You know, I… it's kind of loud, I can't really hear that well. So, can you tell me again what this legislation does?"

"It… it sets up the railroad police where they will have some oversight on decisions that they make. Currently, they're the only sworn officers in the State of Illinois that don't have some way for a citizen to have their decisions reviewed. And it allows the Illinois State Police, if it's appealed to them, to review their decisions and then they would put their findings into the ICC. The ICC is the organization that oversees our railroads here in Illinois."

"When the railroad was granted police powers in 1877 what did those powers include?"

"I wasn't here then. But the reason they're sworn officers was after 9/11 the railroads came to us a few years ago and said they needed expanded authority to fight terrorism so that their officers, their people that they had as their security, the railroad police, to be able to 09500293.doc 99  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 go off of their immediate properties and go investigate these type of problems that may be related to the security of their railroad and their railroad property. So, these are fairly new… recent powers we've given them. And I guess like any other power after we did that… after that terrible day on December (sic-September) 11th, this was a reaction to that to help keep our people safe that we never thought about issues coming up where maybe some of their decisions need to be reviewed like any other law enforcement organization."

"Why are your opponents against this legislation?"

"I guess some people don't want to 'em to have 'em reviewed. I would assume the railroads don't want to have their authority questioned in any way. The only…"

"I don't know if they… I don't know if, Representative, we can say that they don't want their… I think they want to protect the people that or the services that are provided on their tracks. I wouldn't say that they wouldn't want people examining them or that sort of thing. I don't… I wouldn't think that."

"Okay."

"I have a railroad in my district. I have tracks that run through and I have a stationed area in my district. And I believe the last time I… this Bill before… when it was another number, I may have voted for it, but since then I've gotten a lot of phone calls expressing the disappointment in me supporting that legislation. So, I'm just kind of wondering, taking a second look at this. I mean, legislation has been presented here before to give 09500293.doc 100  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 the appearance that they're trying to do something good. And so I don't know if this is feel good legislation or if they already have the authority to do what's enumerated or laid out in the legislation. So, is this a duplicated effort or something that we don't need? Is it something that we can just not do?"

"Representative, a review of these law enforcement decisions has never been in the law before. We passed a Bill to the Senate, they did not move it because they disagreed with the JCAR language, I believe. I… at least that's what I was told. And we are trying to remedy that with this legislation. If you had a constituent in one of your… in your district that felt that the railroad police had wronged them, you basically have to go tell the management of the railroad you'd like it reviewed. And in some cases maybe that… the president of that railroad is located in Canada, like it is with the Canadian Northern. So, I mean there is no review of these people that we've allowed to become sworn law enforcement officers in the State of Illinois. There is none right now other than their own administrative review. And this allows for it."

"Representative, I'm going to continue to listen to this legislation, listen to this debate and right now I'm going to really kind of say that I'm unsure…"

"Okay."

"… of my support."

"Okay."

"Thanks."

"Representative Holbrook to close." 09500293.doc 101  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008

"Thank you. Oh, I share Representative Black's frustration. I know many of my Bills are sitting over in the Senate with this JCAR language on it now that can't move or they sent it back and we couldn't move it out of here after we picked up a Senate Bill. But this is a piece of legislation that's needed. It's no different than what we had before with the exception of the JCAR language is a little more flexible, it's new and improved. We hope that it does get done. And let's send it over to the Senate. I'll talk to the Senate Sponsor, maybe we can get it done. But I do share Representative Black's frustrations with the entire process. We shouldn't have to be redoing this. I ask for an 'aye' vote."

"This Bill will require 60 votes for passage. All those in favor of passage of Senate Bill 620 signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 64 Members voting 'yes', 44 Members voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Barbara Flynn Currie."

"Thank you, Speaker. I move to suspend the posting requirements so that House Resolution 1588 may be heard tomorrow morning in the State Government Administration Committee."

"Is there any discussion? Seeing none, those in agreement with the Resolution signify by saying 'yes'; 09500293.doc 102  STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 293rd Legislative Day 11/19/2008 those opposed say 'no'. The agreed… there is agreement for the Motion to suspend posting. Representative Currie."

"Thank you. Just a reminder, again, that the reception for Nurse Nancy is in 114 immediately upon adjournment. And anybody who wants to make a flowery speech or two (2) will be recognized to do so. We're having champagne, I trust you will all be there."

Speaker Lyons: "Representative Sullivan. Representative Black."

"State your inquiry."

"I don't think so."

"Chapin Rose."

"There's time for everything, Bill."

"Representative, I'd suggest you just go down to Room 114 and see what happens."

Speaker Lyons: "Representative Sullivan, in answer to your question… and I've had a gag order put on me to read it exactly as they have it. The intent is to adjourn on Thursday, November 20 for the week. Now, Representative Barbara Flynn Currie moves that the House stand adjourned until the hour of 10 a.m. tomorrow, Thursday, November 20. All those in favor of adjournment signify by saying 'yes'; those opposed… Representative Eddy."

"Pardon me, Roger? Repeat it? I can't hear."

"I'll read it one more time, the intent is to adjourn on Thursday, November 20 for the week."

"Seeing no further business to come before the House, Representative Currie moves to adjourn to the hour of 10:00 tomorrow, November 20. All those in favor signify by saying 'aye'; those opposed say 'no'. And the House stands adjourned. Have a safe and enjoyable evening. Ladies and Gentlemen, you were given the schedule for committees tomorrow. The blue sheets were passed out with the scheduled committees for tomorrow."