"Good morning, Illinois. The Illinois House of Representatives will come to order. Members are asked to please be at their desks. We'll be led in prayer today by Lee Crawford, the pastor of the Cathedral of Praise Christian Center here in Springfield. Members and our guests are asked to please refrain from starting their laptops and to turn off all cell phones, pagers, and rise for the invocation and for the Pledge of Allegiance. Lee Crawford."
"Let us pray. Lord God, who's most gracious and kind, the author and the finisher of our faith, we pray Your blessings upon this august Assembly. We pray Your blessings upon the Leader of this House, as well as all of its Members, as well as all of their family members. We pray this day, God, that You would grant them a grace, and a strength, and a wisdom to carry out the business in which You've called them to do. We pray, Lord God, that neither one of them would lean toward their own understanding, but rather, God, they would trust You, and acknowledge You in all of their ways. You have promised us that in return, You would direct their paths. So, we ask for that direction throughout this day. This we pray in Your Son's name, Amen."
"We'll be led in the Pledge by Representative Ruth Munson." Munson – et al: "I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all." 09500294.doc 1 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
Speaker Lyons: "Roll Call for Attendance. Representative Currie."
"Thank you, Speaker. Please let the record reflect the excused absences of Representatives Rich Bradley, Granberg, McCarthy, and Patterson."
"Thank you, Leader Currie. Representative Mike Bost."
"Thank you, Mr. Speaker. Let the record reflect that Representative Cultra, Kosel, Bill Mitchell, and Schock are excused on the Republican side of the aisle today."
"Thank you, Representative. Mr. Clerk, take the record. We have 110 Members present. We have a quorum. Committee Reports, Mr. Clerk."
"Committee Reports. Representative Froehlich, Chairperson from the Committee on Personnel & Pensions, to which the following measure/s was/were referred, action taken on November 20, 2008, reported the same back with the following recommendation/s: 'do pass as amended Short Debate' is Senate Bill 1985. Representative Hamos, Chairperson from the Committee on Mass Transit, to which the following measure/s was/were referred, action taken on November 20, 2008, reported the same back with the following recommendation/s: 'recommends be adopted' House Resolution 1596. Representative Franks, Chairperson from the Committee on State Government Administration, to which the following measure/s was/were referred, action taken on November 20, 2008, reported the same back with the following recommendation/s: 'recommends be adopted' is House Resolution 1588 and Senate Joint Resolution 78. 09500294.doc 2 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 Representative Burke, Chairperson from the Committee on Executive, to which the following measure/s was/were referred, action taken on November 20, 2008, reported the same back with the following recommendation/s: 'recommends be adopted' is House Resolution 1597."
"Ladies and Gentlemen, we're going to start on page 3 of the Calendar, under Senate Bills-Third Reading. Representative Beth Coulson, you have Senate Bill 101. Representative Coulson."
"Thank you, Mr. Speaker."
"What is the status of that Bill, Mr. Clerk?"
"Senate Bill 101 is the… on the Order of Senate Bills-Third Reading."
"Move that Bill back to Second Reading. The Chair recognizes Representative Coulson on Amendment… What's the status of the Bill?"
"On Senate Bill 101, Amendment #1 was adopted in committee. Floor Amendments 2, 3, and 4 have all been approved for consideration."
"What's your pleasure, Representative Coulson? Withdrawals?"
"I would like to withdraw all but Amendment #4, House Amendment #4."
"So, your… your…"
"I would like to…"
Speaker Lyons: "…your request is to withdraw Amendment… Amendments #2 and #3."
"Correct." 09500294.doc 3 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Are withdrawn. And Amendment #4, you're going to present."
"Yes, please."
"Proceed with the Amendment, Representative."
"Thank you. Thank you, Mr. Speaker. I would like to present Amendment… House Amendment #4 to Senate Bill 101. It is essentially the same as House Bill 5595, and Senate Bill 2499, that we've already passed out of the House, except for the Rules Amendment that we've had an agreement on. And I would appreciate our putting this Amendment on Senate Bill 101 to pass the Habilitative Services Act that we've worked for 2 years on. The Habilitative Services Act, essentially, provides coverage for children who have congenital diseases such as cerebral palsy and developmental disabilities. And I can answer any questions."
"Perhaps, Representative, we'll just… the Motion for the approval of the Amendment and discuss it on Third Reading. All those in favor of adoption of the Amendment 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?"
"No further Amendments. No Motions filed."
"Move that Bill to Third Reading and read the Bill, Mr. Clerk."
"Senate Bill 101, a Bill for an Act regarding disabled persons. Third Reading of this Senate Bill."
"Representative Coulson has the Bill on Third Reading and explained the Amendment. And is there any 09500294.doc 4 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 questions regarding the Senate Bill 101 as amended? Seeing none, the question is, 'Should Senate Bill 101 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? This Bill needs 60 votes for passage. Have all voted who wish? Representative Brosnahan and Joyce. Mr. Clerk, take the record. On this Bill, 110 Members are voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Frank Mautino, you have, on page 3 of the Calendar, Senate Bills-Third Reading, Senate Bill 1981. Mr. Clerk, what's the status of that Bill?"
Clerk Mahoney: "Senate Bill 1981's on the Order of Senate Bills-Third Reading. Senate…"
"Representative Mautino."
"Senate…"
"Thank you, Ladies and Gentlemen. Senate Bill 19…"
"Frank, one moment. Mr. Clerk."
"Senate Bill 1981, a Bill for an Act concerning State Government. Third Reading of this Senate Bill."
"Representative Mautino."
"Thank you, Speaker. Senate Bill 1981 will extend the film tax credit in Illinois and it takes it from its 20 percent level to a level of 30 percent and makes it permanent. These are the two (2) changes to the Bill. This Act is set to sunset on December 31. It has been very productive for the State of Illinois and has brought in over four hundred million dollars ($400,000,000) with a number of films that have been filmed throughout the state… 09500294.doc 5 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 here. Our concern is now we look towards 2009, where a tax credit is going to expire. It has been successful. We currently don't have any films which are booked in or set to go in 2009, whereas our neighboring states, for example, Michigan has passed the tax credit to a level of 42 percent, and they have 56 movies set to go. The industry would like to see us be competitive. With that, at the level of 30 percent, our films can be brought back to Chicago, to Illinois, to utilize the infrastructure and the talent of the people who are available here. I'll answer any questions."
Speaker Lyons: "The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"Representative, you… you mentioned that this has been a successful program in the past. Do you have any… any figures or any… any way for us to calculate the fact that this didn't cost the state money, but as you suggest…"
"No."
"…maybe it had enhanced revenue?"
"Cer… certainly. The… the numbers that we have for it, and I'll just go back into 2007 production of Dark Knights (sic-The Dark Knight), produced when they give us the amount of money spent. Just specifically, by that movie alone, that was forty million dollars ($40,000,000). Fred Claus, Meet the Browns, Wanted, all those when you take a multiplying factor on the films, which is generally accepted, we're around the four hundred thou… or four 09500294.doc 6 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 hundred million dollar ($400,000,000) mark for the 2… 2007. These numbers, the way the credit works, is once a film wraps up, they give us an audited listing of all their Illinois expenditures. They are then… they go through the audit process, we approve whichever credits may be available to it. So, we have a pretty decent idea that it's been an effective tax rate and that's all open and available to the public."
"So, what… specifically, what is waived on those expenses? All?"
"I… could you repeat?"
"Sure. Those submitted expenses, you said that they submit an audited list of costs that were associated and that they receive credit. What… what kind of specific credits are those? Are… do they… do they…"
"You have the…"
"…sales tax… what…"
"Sure, you have the income tax credits that's available for those people who are… and this is specific to Illinois, Illinois hires Illinois people here. You have sales tax credit, which is available on materials bought and used in the course of the production, and it is also a 'but for' tax credit, which is issued and they would sign on with the State of Illinois. The 'but for' tax credit applies if… the but for these dollars, this film would not be set here for Illinois. So, it's a… it's a very strong… it's actually one of the strongest clauses in the country and of the thirty-some states that are offering credits." 09500294.doc 7 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Okay. And is the increase that's being contained in this Bill to 30 percent intended to compete with other states? What… what are the states around us doing?"
"New York sets… you're… you're… There's thirty (30) states. They're in the ranges anywhere from 20 to 42 percent, 42 percent being Michigan. Which, as I said, since enacting it just last year, has fifty-six (56) productions set to… to go forward there. Most states are in the 20 to 30 range. This'll make us competitive with them and… and I think that, in speaking to some of the folks from the industry, they have said that Illinois has so many inherent advantages to it that a 30 percent credit they would rather have here than even a higher credit in another state, just because of our infrastructure, talent, and… and facilities that are available."
"Okay. Well, Representative, one final question. I note that the Committee Amendment does contain the rulemaking language. Is that correct?"
"It contains the kinder and gentler JCAR language and also, we have the… Illinois also, the other advantage that kicks in here is from those other states, we have a lower corporate income tax rate and that has a bigger impact on the decision, as well."
"Okay. And that's… that's something for us to keep in mind as we discuss corporate income tax in the future, because that is one of the advantages Illinois does have in the market. But the kinder, gentler JCAR language, you feel that that is going to, in kind of a new culture and 09500294.doc 8 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 environment, create movement that maybe we haven't seen for awhile?"
"It's my hope. And looking at the language, it basically says that we should do what we have been doing throughout the past years and go through the administrative process and the JCAR process, rather than having a Bill which needs to have every nuance of every rule placed inside of it. It may, if agreeable with the Senate, that may break some of the logjams on a myriad of issues, not just this one."
"And Representative, as always, I appreciate your preparedness and the answers on the legislation. Thank you."
"The Chair recognizes the Gentleman from Cook, Representative Lou Lang."
"Thank you, Mr. Speaker. Ladies and Gentlemen, I rise to support the Gentleman's Bill. This is a really important measure for economic development for the State of Illinois. Now, some who aren't really paying attention might say, well, what's the big deal, so they make films in Illinois. The truth is that this could mean hundreds of millions of dollars, and hundreds, maybe even thousands of jobs to the State of Illinois. When we last put the film credit in, we increased by five or sixfold the amount of spending that was taking place in Illinois by the film production companies. They put many, many people to work. In the State of Michigan, they're expecting over three hundred and fifty million dollars ($350,000,000) to be expended in the next year alone from film production. The State of 09500294.doc 9 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 Illinois is lagging behind. And I'll remind you what I said the last time we voted on something similar to this, that there's something wrong when the movie Chicago was produced in Toronto, Canada. Mr. Speaker and Ladies and Gentlemen, this is an important measure for economic development for our state. We cannot afford to turn our back on any opportunity to help bring new business to our state to create jobs in our state. So, I would strongly recommend your 'aye' votes."
"Representative Lang, have you concluded your remarks or are you were just looking for information? I'm sorry, Lou. You're done? Okay. The Chair recognizes the Gentleman from Jasper, Representative David Reis."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"Sure."
"Now, this is the exact same Bill that we've passed several times. I know we've been playing ping-pong with it, but this is the same Bill that has, in fact, helped bring more filmmaking opportunities to the State of Illinois, right? Nothing's been added. It's just extending and making it permanent."
"Makes it permanent, brings it from 20 to 30 percent, and that's the two (2) changes within the Act, which has been very successful."
"So, it's even more of a tax break. It's going from 20 to 30 percent?"
"Yes, it makes us competitive with the other states and I think we'll draw in some business. Right now, the… 09500294.doc 10 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 the money, and what's really neat about this… this structure is the tax break that is only available if you hire Illinois people, Illinois vendors, take your money and spend it here within Illinois. And let's face it, right now, Hollywood has that money, and we would like to attract that and keep it, and bring it here to Illinois for our benefit."
"I'm going to do something today and change my vote. I've always voted against this. Not out of conceptual disagreement with it, quite the opposite. I voted against it because of opposition that we cannot get tax credits for other important businesses, manufacturers, small start-ups, and that was my reason in the past for throwing up a 'no' vote in protest. These things work and we desperately need help from our friends on the other side of the aisle for other tax credits, for small business start-ups, we need to address workers' compensation. We need to bring business into this State of Illinois. We know these things work. It's successful with this film industry. Heck, I'd love to have them come make a movie in southern Illinois. So, maybe they'll come do that now. But folks, we got this deficit because we have no jobs in this state. If these things work for the film industry, they'd work for other industries as well. And I ask for your cooperation when we introduce Bills next year. It might cost us a little bit on the front end, but it's going to bring in more tax dollars and create more jobs. We need your help for other tax credits, as well. I'm going to vote 'yes' today on your Bill." 09500294.doc 11 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"The Chair recognizes the Gentleman from DeKalb, Representative Bob Pritchard."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"Representative Mautino… Mautino, you indicated some dollar figures on what this kind of credit could generate. Would you repeat that again? You said four hundred million dollars ($400,000,000) in investment. Is that correct?"
"The… well, I can go with the… just off of 2007, off the audited figures, three hundred and ninety million (390,000,000) in direct economic activity. So, we had three ninety (390) out of there and last year, from the direct purchase and hiring of people over those eight (8) productions that were up here, it was a hundred and fifty- five million (155,000,000), and these are Illinois jobs, Illinois vendors utilizing a tremendous Illinois infrastructure."
"And for that three hundred and ninety million (390,000,000) or so activity, what was the credit that we offered or extended?"
"Credits awarded, about twenty million (20,000,000)."
"Twenty million (20,000,000)?"
"About twenty million (20,000,000)."
"So, we're getting somewhere around a 4 to 1 ratio?"
"That'd be my math."
"Okay. Because if we look back to the '04 audited figures from the DCEO, they were talking like a 10 to 1 investment when we were looking at a seventy-five million dollar ($75,000,000) activity and roughly, a… a seven 09500294.doc 12 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 million dollar ($7,000,000) credit. So, I'm just wondering, the kind of results that we're getting from this program over a period of years, and what can we anticipate from a 30 percent credit, rather than the current 20 percent level?"
"My understanding is, and we'll see… the most recent audited year we would have would be the 2008-2000… or the 2007-2008 is in process, and those numbers would be pretty close on line when you figure in all of the ancillary, additional, related purchases, as opposed to just the credit itself."
"Okay. So, what I'm looking for, if this is the best way to invest dollars because our chamber and this state are going to be dealing with lots of choices about how we look at not only expending dollars, but what we do to enhance revenue. And… and I guess, my question goes more to the heart. Has the Revenue Committee, as you looked at this issue, and as you, as a Sponsor of this Bill, looked at it, determined that this is the best way to invest additional credits?"
"I can't speak for the Revenue Committee on there. They did have a unanimous vote to bring this forward to us, and believe that it is… it is a proper use of that funding. I also believe that without it, we're not competitive. Just for example, right now, we have zero films pending for 2009, and without this incentive, although it is not the only thing or the primary thing that the people looking to invest in Illinois and hire our people, use as a criteria, it puts us at a dramatic disadvantage. And if we don't 09500294.doc 13 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 book a film, there's no expense on the credit on there. It is truly an incentive that has a 'but for' provision which is very important, many of the other states don't have it, and it. Also has the… has the ability to draw on other areas utilizing Illinois citizens."
"Um hmmm. In… in the audited figures that you were looking at, did you…"
"Also, we see an immediate benefit once we… projects line up and I believe in January, in talking with the Governor's film office, is when they go in and begin lining up those so they can inspect the credits for the year."
"Okay. In your audited figures, did you quantify what those number of additional jobs were that we received for this credit?"
"Yeah, at this point, I don't have the specific… I have the gross dollars. I don't have the break out as to how many specific jobs were created, but we know from our film office and the Department of Revenue and the audited 2007 numbers, that it was worth three hundred and ninety million (390,000,000) to Illinois from the dollars that we base our credits on."
"Yeah. Well, certainly… Mr. Speaker, to the Bill. Certainly, as we look at investments that return…"
"Representative, your time limit has expired. I'll give you another minute to finish up your comments. Thank you."
"I was going to say, as we look at the alternatives and choices we make and how we invest dollars and try to stimulate our economy, that we constantly keep our eyes 09500294.doc 14 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 open to the various alternatives we have, and… and try to spend the dollars, spread the dollars a little bit more broadly so that a lot of industries can be stimulated, if you will, rather than just one particular industry. Thank you."
"The Chair recognizes the Gentleman from DuPage, Representative Bob Biggins."
"Yeah, thank you, Mr. Speaker. I know it was mentioned earlier, but again, it seems that cutting taxes produces business. That's a concept that is only acknowledged when it's Hollywood that gets involved. So, maybe if the people in the chamber can remember that this can be used across other business areas, as well as the film industry, that benefit the citizens of Illinois to economic activity, employment, taxation, raises revenue for the state, local governments. It's a good thing to do. Cutting taxes raises revenue, amazing concept. It works by everybody's admission in the film industry. Apply it across the board. This idea of increasing our state income tax is going to destruct and harm business in our state, and we're going to see that idea pretty soon, I think."
"Representative Mautino to close."
"I thank the chamber for their attention to the issue. I believe that it is a… we see immediate results and not just across one industry. They utilize our services, they buy product, and we see an immediate response. Once the credit is in line, once it's made permanent, we will have places that… we will have production companies that line up. This will also bring… a production company wants to 09500294.doc 15 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 build here in Illinois. Albuquerque is interested. They've got… their program there. They want to come here and they want to build and provide additional… permanent jobs. So, I would just urge an 'aye' vote, and thank you for your support."
"This Bill will require 71 votes for passage. The question is, 'Should Senate Bill 1981 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 108 Members voting 'yes', 2 Members voting 'no'. This Bill, having received the Supermajority, is hereby declared passed. Mr. Clerk."
"Rules Report. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules, to which the following legislative measures and/or Joint Action Motions were referred, action taken on November 20, 2008, reported the same back with the following recommendation/s: 'approved for floor consideration' is House Joint Resolution 135; Amendment #4 to Senate Bill 801; Amendment #1 to Senate Bill 1174; Amendment #2 to Senate Bill 2083. Referred to the Order of Concurrences is House Bill 4622."
"Mr. Clerk, on the Order of House Bills-Second Reading, we have House Bill 5037. What's the status of that Bill, Mr. Clerk?"
"House Bill 5037, a Bill for an Act concerning civil law has been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2, 09500294.doc 16 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 offered by Representative Colvin, has been approved for consideration."
"The Gentleman from Cook, Representative Marlow Colvin on Amendment #2 to House Bill 5037."
"Thank you, Mr. Speaker. House Bill 5037, dealing with distressed condos, if you recall, was a… an initiative from the City of Chicago dealing with the disposition of distressed condos. There was a lot of discussion and during the First Reading in committee with regard to some of the specific provisions in the Bill. Specifically, Amendment #2 deals with the concerns of the bankers and we were able to resolve all those concerns prior to calling the Bill. This Amendment, specifically, gets rid of all those concerns that they brought up in committee. The City of Chicago sat down with the bankers and come to a… an agreement and have resolved those issues."
Speaker Lyons: "Is there any discussion on the Amendment? Representative Colvin moves for the adoption of the Floor Amendment #2 to Senate… House Bill 5037. All those in favor 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?"
"No further Amendments. No Motions filed."
"Third Reading. Read the Bill, Mr. Clerk."
"House Bill 5037, a Bill for an Act concerning civil law. Third Reading of this House Bill."
"Representative Colvin."
"Thank you, Mr. Speaker. House Bill 5037, as I previously mentioned, deals with distressed condominium 09500294.doc 17 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 properties. It gives the cities certain tools and rights to dispose of buildings that are fraudulent… I won't say fraudulently, but those buildings that are not legally… are classified as condominiums. This Act applies only to properties with condominium units which are operated in a manner that have conditions which may constitute a danger or blight, or some other nuisance to communities with respect to buildings that have been abandoned, particularly condominium buildings that have been abandoned in the City of Chicago. But of course, this law is a statewide Act. I'll ask… be happy to answer any questions."
"Is there any discussion? Seeing none, the question is, 'Should House Bill 5037 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. This Bill will require 60 votes for passage. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, 110 Members voted 'yes', and 0 voted 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. All right, Ladies and Gentlemen, we're back on- line. Representative Saviano, on page 2 of the Calendar, under House Bills-Second Reading, we have House Bill 5497. What's the status of that Bill, Mr. Clerk?"
"House Bill 5497, a Bill for an Act concerning regulation has been read a second time, previously. No Committee Amendments. No Floor Amendments. No Motions filed."
"Third Reading. And read the Bill, Mr. Clerk." 09500294.doc 18 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"House Bill 5497, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Representative Skip Saviano."
"Thank you, Mr. Speaker, Members of the House. House Bill 5497 is a Bill from the Illinois Speech Language Pathology Association. Mr. Speaker, take this out of the record for one second."
"The Clerk, out of the record. Mr. Clerk, on page 2 of the Calendar, Representative Gary Hannig has House Bill 3889. What's the status of that Bill, Mr. Clerk?"
"House Bill 3889, a Bill for an Act making appropriations has been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendments 2 and 3 have both been approved for consideration."
"Mr. Clerk, take this Bill out of the record. Representative Dan Reitz, for what purpose do you seek recognition?"
"Thank you, Mr. Speaker. Point of personal privilege."
"Please proceed."
"It's my understanding that one of my former staffers and the Clerk of the House, Mark Mahoney, has a birthday today. Is that right? So… And if everyone would join us in wishing Mark Mahoney a happy birthday."
Speaker Lyons: "Happy birthday, Mr. Clerk. Representative Eddy, for what purpose do you seek recognition?"
"Mr. Speaker, a point of personal privilege."
"Please proceed, Representative." 09500294.doc 19 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Also, would like to take a moment to wish a happy birthday to Vicki Crawford on our side of the aisle. Vicki's birthday today. Happy birthday."
Speaker Lyons: "Happy birthday, Vicki. Representative Jil Tracy, do we have another birthday or do we have an announcement?"
"Point of personal priv… privilege, Mr. Speaker."
"Please proceed, Representative."
"Since we're so joyous at the moment, I would like to congratulate Representative Roger Eddy on becoming a first- time grandfather this week."
"Representative Black, for what purpose do you seek recognition, Representative?"
"Thank you very much, Mr. Speaker. An inquiry of the Chair."
"Please state your inquiry."
"Yesterday, I filed a Motion in writing to discharge a Bill from the Rules Committee. I checked with the Clerk's office. That in fact was received by the Clerk's office, but it isn't on the Calendar. It's House Bill 6707. Could the Chair enlighten me as to why it… the Motion to Discharge does not appear on the Calendar? I see it's on the Supplemental. It's on the Supplemental Calendar. But that doesn't an… that… that begs the question that I would like an answer to. Who failed? Who did this? I expect harsh discipline in the Clerk's office. This did not used to happen. You can ask Chief of Staff, Mr. Mapes. This never used to happen. What's… what's going on today? All right. Chief of Staff, Mapes, I accept your explanation. 09500294.doc 20 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 I didn't hear a word of it, but I accept it. But thank you for at least putting it on the Supplemental Calendar. At the appropriate… at the appropriate time, Mr. Speaker, I would like to address that Motion."
"Thank you, Mr. Black. Ladies and Gentlemen, on page 3 of the Calendar, under Senate Bills-Third Reading, Representative Mary Flowers, you have Senate Bill 874. Read the Bill, Mr. Clerk."
"Senate Bill 874, a Bill for an Act concerning regulation. Third Reading of this Senate Bill."
"Representative Mary Flowers, Senate Bill 874."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 874 is put back into its original form in regards to having external… an ex… external and internal review in regards to what the insurance companies can and cannot do, and if a patient is denied the health care that their doctor deems that is medically necessary, there should be an appeal process. And right now, there is no appeal process. And I would like to take this opportunity to tell you about a family, a Mr. Strezo. Mr. Strezo was a business man and he paid every month, twenty-four hundred dollars ($2400) for his insurance premiums. He also paid for his hospice care in case anything ever happened to him, he would be insured. And unfortunately, Mr. Strezo was diagnosed with cancer and his doctor recommended an ongoing treatment. Mr. Strezo was insured, he was paying twenty- four hundred dollars ($2400) a month. The insurance company called the doctor and told them that they were not going to pay for that particular service. And when the 09500294.doc 21 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 doctor said that this is the ordinary type of treatment for this type of cancer, the insurance company said they didn't care, that they were… they were not going to pay for it. And so, unfortunately, the insurance company was practicing medicine without a license to do so because they never saw Mr. Strezo as a patient. They never knew his diagnosis, and they went against the doctor's orders. And so as a result, it caused Mr. Strezo to deteriorate. There was no appeal process. Every time the Strezo family would call the insurance company to find out what was the status of the appeal, how do you go about appealing, no one knew anything. To make a long story short, Ladies and Gentlemen, Mr. Strezo, because it took a long time before he was able to get the medication that his family eventually paid for on their own, he went into hospice care because his health had deteriorated so bad. The insurance company called the family four (4) days later and said to them that if Mr. Strezo was not dead by that Wednesday, that they were going to put him out of the nursing home. Now, for those of us who think that we have insurance and we're going to be taken care of in case something happened to us, we're sadly mistaken. So House Bill… Senate Bill 874 set forth a procedure for internal review and external review. Now, the insurance industry said that they already had something in place already, called URAC. Well… and that's exactly what Senate Bill 874 was. They tried to… they put the language regarding URAC on 874, and URAC is not mandated by the state. It says that the insurance industry can or what they may do. There's nothing about 09500294.doc 22 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 what they shall do in the best interests of the patient. So, this Bill, Ladies and Gentlemen, is about our health care and allowing the doctor to do what we expect for doctors to do, and we pay our premiums and we expect for the insurance companies to pay the bill. And this was something that was covered by this particular insurance company. So, we're not asking the insurance company to pay for something that is not covered. So, I would urge an 'aye' vote on Senate Bill 874, and I'll be more than happy to answer any questions you may have."
"Is there any discussion? The Chair recognizes the Gentleman from Jasper, Representative David Reis."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"Representative, we're coming in the back door of the back door. We're just trying to make some sense of everything. House Amendment #1 was approved in committee this week and that becomes the Bill?"
"I'm sorry, Representative, I didn't hear you."
"We're just trying to make some sense of what's going on here. House Amendment 1 that was approved in committee…"
"Yes. It does become the Bill. Yes."
"…becomes the Bill."
"Yes."
"Has this version of the Amendment passed through this chamber already this year?"
"Yes."
"And what Bill was that?" 09500294.doc 23 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"It passed unanimously and it was 4223, House Bill 4223."
"And does this Amendment have the rulemaking language in it?"
"It has the friendlier version of the rulemaking Amendment."
"The friendlier version?"
"Yes, friendlier."
"Has the Senate confirmed that as being friendlier version?"
"I think we'll have to wait and see."
"Okay. I know we're all frustrated with that."
"Yes."
"We're still… want to make sure on any opposition that if this Chamber slipped in on this or the insurance companies… Have they slipped in on being in support or opposition to your Amendment?"
"There were some companies that did file opposition to the Bill. They prefer…"
"What was their opposition?"
"…they preferred the URAC language. And as I stated, URAC is not a mandate and it only applies to some… some companies at this particular point. And if a person want to buy, it costs to be a part of URAC and certain… certain counties and municipalities don't want to have URAC forced on them."
"Okay. Well, Representative, you've been very kind with your answers and I don't know why this isn't something we can just wait until next year to take another stab at and 09500294.doc 24 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 maybe we'll have different feelings on both of the chambers on the rulemaking policies. And we just want to make sure that we're not slipping something in that we weren't all aware of. So, thank you for your answers."
"Well, thank you, Sir. And I would like to say that a lot of people that's waiting on a procedure to be given permission by the insurance company they can't afford to wait. Their lives are in jeopardy and that's the purpose of this legislation, to save millions of peoples' lives."
"Is this going to pass and be signed into law before next year?"
"I'm optimistic."
"Okay. Thank you."
"The Gentleman from Vermilion, Representative Bill Black."
"Thank you, Mr. Speaker. The Sponsor yield?"
"Sponsor yields."
"Yes."
"Representative, I… Let me, first of all, tell you, I support your Bill, intend to vote for it. Just a couple of questions. This is something that Representative Lang and I worked on many years ago dealing with the utilization review where… and Illinois has been, I think, rather deficient in what it takes to get in the utilization review business. Somebody just makes a decision, nope, not going to pay for that; nope, not going to pay for that. So, if I understand your Bill, it gives, for the first time in my… I believe the first time, a carefully drafted appeal process of a denial by utilization review folks. Correct?" 09500294.doc 25 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"You're correct, Representative, but I just want to remind you and because you voted for it before in regards to the HMO…"
"Yeah."
"…so, we put this in the language for the appeal process when we had the HMO debate."
"All right. I… I support your Bill. For those people who have not taken constituent matters to heart, this utilization review process is something we continually and need to work on because sometimes these are not medically oriented people and they get a commission on how much money they save and so they just deny. And I'm fin… I'm working with a constituent right now on a denial of a new prosthesis and I see no medical reason for the denial. So, I intend to call him and have him congratulate you on this Bill and hopefully, when this becomes law, we will at least have some process by which these decisions can be appealed and reviewed, heaven forbid, by someone with medical knowledge. I… I commend you for your work on this. Mr. Speaker, I intend to vote 'aye'."
Speaker Lyons: "The Chair recognizes the Lady from Lake, Representative JoAnn Osmond."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, I know I asked you some questions yesterday in committee, but I just noticed that there's opposition from the Division of Insurance. What would that opposition be?" 09500294.doc 26 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Representative, the only opposition that I'm aware of that the Division of Insurance had was the rulemaking."
"And that's it, nothing about the contents or… All right."
"They have not indicated… Director McRaith has not come to me with any type of opposition and he supported 4223."
"All right. Thank you."
"Representative Flowers to close."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I would like to remind this Body that the insurance industry have a fiduciary responsibility to their shareholders and they are using our premiums as a way and means to comply with the law. We need to put a stop to that. I urge an 'aye' vote. Thank you."
"This Bill will require 60 votes for passage. So, the question is, 'Should Senate Bill 874 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 Munson, Myers. Mr. Clerk, take the record. On this Bill, there are 88 Members voting 'yes', 21 Members voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Molaro, on page 3 of the Calendar, under Senate Bill-Third Readings, you have Senate Bill 113. Mr. Clerk, read the Bill."
"Senate Bill 113, a Bill for an Act concerning local government. Third Reading of this Senate Bill." 09500294.doc 27 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"The Gentleman from Cook, Representative Bob Molaro."
"Thank you very much, Mr. Speaker. This is a pretty simple Bill. It changes the Code in two (2) places. Right now we have the red light cameras. What a municipality can do is charge up to a hundred dollars ($100). And all it does is produce revenue. One of the reasons we passed red lights is so we would have a safety factor. All this does is permissive only and if a municipality also wants to have their citizens go to an on-line traffic course that they can do that, 'cause right now all it talks about is raising money. Here's a way to actually go back to the safety feature. The other thing it does is all these villages that do administrative review, they get a lot of kids that get a curfew violation in the park when they shouldn't be, truancy tickets. According to our law, the only thing they could do is give them a two hundred and fifty dollar ($250) fine or community service. We're running into insurance problems. What this says is that you can still fine them, you could still sent them, but in addition to that or in lieu of, you could have them take an on-line course for curfews, spray painting. So, instead of just a fine that the parents are going to pay, this would allow the village, if they'd like to, to send them to an on-line school so they can learn something."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 113 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all 09500294.doc 28 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 voted who wish? Have all voted who wish? JoAnn. Mr. Clerk, take the record. On this Bill, 110 Members have voted 'yes', 0 has voted 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. On page 3 of the Calendar, Representative Currie, you have Senate Bill 1013. Read the Bill, Mr. Clerk."
"Senate Bill 1013, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill."
"Majority Leader Barbara Flynn Currie."
"Thank you, Speaker and Members of the House. In 2003, we created a pilot program, Redeploy Illinois providing financial incentives so that penalties might keep nonviolent troubled youth in the community to provide them services rather than sending them to the state Department of Juvenile Justice. The program has been a success. We not only… we know that it saves the state significant sums of money and we think it is helping youngsters turn their lives around at an early point rather than a late one. So, this measure, subject to appropriation, would make Redeploy Illinois a permanent part of our statutes. And I would be happy to answer your questions. And I'd appreciate your support. I think this is a way of helping troubled youth, saving state money, and making sure that community resources are available and useful."
Speaker Lyons: "The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."
"Thank you, Mr. Speaker. Will the Sponsor yield for a quick question?"
"Sponsor yields." 09500294.doc 29 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Representative, I think this language was exact except for the new rulemaking to a Bill that went out of here unanimously?"
"That's exactly right. This measure's already passed the House unanimously."
"Okay. And… and… but it does contain the friendlier version of the rulemaking language?"
"Kinder, gentler."
"Okay. Thank you."
Speaker Lyons: "No one seeking to speak to the Bill, the question becomes, 'Should Senate Bill 1013 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? This Bill will require 60 votes for passage. Have all voted who wish? Have all voted who wish? 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. Mr. Clerk, on page 2 of the Calendar, under Senate Bill-Third Reading, Representative Art Turner has Senate Bill 100. Read the Bill, Mr. Clerk."
"Senate Bill 100, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill."
"The Chair recognizes the Gentleman from Cook, Representative Art Turner."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I bring to you Senate Bill 100. And Senate Bill 100 is a product that was created out of the CLEAR Commission, a commission that was formed some years back to 09500294.doc 30 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 take a look at the Criminal Code and see what we could do to reorganize the Code. One of the things that they've found over the years is that in regards to sentencing that if you want to see what sentence you should to apply to a defendant if, in fact, he's been found guilty, it takes you three to four hours going through the chapter books to determine what particular sentence should be implemented. The CLEAR Commission, in fact, took a look at the… the… all of the sentencing laws and now have put that in a standard framework where you can go to one section in the statute and be able to look at the sentences as necessary based on the crime committed. And that's the essence of what Senate Bill 100 does. The Commission is still looking at other aspects of the Criminal Code and trying to see, but none of those works or activities are presented in Senate Bill 100. Basically, and as I said earlier, all this does is codify the sentencing Code so that we can go to one section in the Criminal Code and be able to determine what sentence should be given for the particular crime committed. And I move for the passage of Senate Bill 100."
Speaker Lyons: "The Chair recognizes the Lady from Kane, Representative Pat Lindner."
"Thank you, Mr. Spe… thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Yes. I stand in strong support of this Bill. I served on the CLEAR Commission, as well as Representative Durkin and Representative Molaro and it's a statewide commission of laypeople, Legislators, judges, lawyers, who 09500294.doc 31 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 are working very hard to revise the Criminal Code and this does, as the Sponsor said, revise the sentencing portion of it. I know from serving as the Minority Spokesman of Judiciary II for several years how often we change our criminal laws and how confusing the book can be. So, this organizes it so that a prosecutor and… or a public defender can look at one part of the sentencing procedure and make sense of it. So, I urge an 'aye' vote."
"The Chair recognizes the Gentleman from DuPage, Representative Dennis Reboletti."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, I had a chance to read the… a CLEAR Commission. Were you aware that Illinois ranks fiftieth among all states in the complexity of the Criminal Code? Did you see that part?"
"Yes, I did."
"It's very sad that we seem to be at the bottom of all of these lists, be it in budgets for education, taking care of our… our bills, Criminal Codes. But I look forward to continuing to work with you 'cause I know that we need to look at some of these punishments, fines. I know the CLEAR Commission is working on that, but I think we can also move forward next year to get some of this stuff done. So, I do support your legislation. Thank you."
"Thank you, Representative."
"The Chair recognizes the Gentleman from Cook, Representative Durkin."
"Thank you, Mr. Speaker. Will the Sponsor yield?" 09500294.doc 32 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Yes, I will."
"Sponsor yields."
"Representative Turner, I just want to make it very clear that we're not enhancing a penalty, we're not reducing any penalties in this Bill, correct?"
"That's correct, Representative."
"Thank you very much. This is strictly just a reorganization Bill that's going to help the practitioners, not only the court, the judges, but also the prosecutors, the public defenders and private attorneys who are defense counsel. So, this is one of many things that we'll be seeing out of the CLEAR Commission over the next few years. But I think this is a very good Bill and I would hope that everybody supports it."
"Representative Turner to clo… Representative Chapin Rose."
"Ladies and Gentlemen, I rise in favor of this Bill. It's high time that we had the CLEAR Commission. We have the most confusing Criminal Code in the country, bar none and I'm very… I mean, this is… to the credit of Leader Turner, to the credit of many who have done this and worked an awful, awful long time to get this before us. This is a very substantive, substantive change and the bottom line is it's great. And I salute Leader Turner for your effort on this and everyone who's worked a long time to bring this forward, because we are decades beyond where we should have been in fixing this. So, thank you, Leader Turner and I would hope everyone supports this."
"Leader Turner to close." 09500294.doc 33 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Thank you, Mr. Speaker and Ladies and Gentlemen of the Assembly. I'm not going to repeat it other than I think it's been said before, this is a good move, a good first step in terms of trying to adjust our Criminal Code here in this state. And I ask everybody to vote 'aye'."
"This Bill will require 60 votes for passage. The question is, 'Should Senate Bill 100 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 3 of the Calendar, Representative Monique Davis has Senate Bill 266, on the Order of Third Reading. Representative Davis. Representative Monique Davis, we have Senate Bill 266. Read the Bill, Mr. Clerk."
"Senate Bill 266, a Bill for an Act in relation to education. Third Reading of this Senate Bill."
Speaker Lyons: "The Lady from Cook, Representative Monique Davis." Davis, M.: "Mr. Speaker, we're asking that this Bill be moved back to Second for the purpose of an Amendment."
"Mr. Clerk, on the request of the Sponsor, move this Bill back to the Order of Second Reading. Mr. Clerk, on the bottom of page 3, under Senate Bills-Third Reading, Representative Skip Saviano has Senate Bill 2179. Read the Bill, Mr. Clerk." 09500294.doc 34 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Senate Bill 2179, a Bill for an Act concerning government. Third Reading of this Senate Bill."
"The Chair recognizes the Gentleman from Cook, Representative Skip Saviano."
"Thank you, Mr. Speaker and Members of the House. Senate Bill 2179 as amended is the renewal of the Medical Practice Act, addresses the sunset and continues it for another two (2) years. And that's simply what the Bill does. There's no opposition to it. And I would ask for your approval. Thank you."
"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 2179 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? Back row boys. Hannig, Mr. Rita. Mr. Clerk, take the record. On this Bill, there are 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on the top of page 4, under Senate Bills-Third Reading, Representative Sara Feigenholtz has Senate Bill 2348. Read the Bill, Mr. Clerk. Mr. Clerk, what's the status of that Bill?"
"Senate Bill 2348 is on the Order of Senate Bills- Third Reading."
"Move that Bill back to the Order of Second Reading."
"Senate Bill 2348, the Bill's been read a second time, previously. Amendments 1 and 2 were adopted in 09500294.doc 35 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 committee. Floor Amendments 4, 5 and 6 have been approved for consideration."
"Representative Feigenholtz, you have three (3) Amendments: 4, 5 and 6. Do you wish to withdraw?"
"Yes. Please withdraw Amendment #… withdraw 4 and 5, please."
"Mr. Clerk, Amendment 4 is withdrawn. Further Amendments, Mr. Clerk?"
"Floor Amendment #5, offered by Representative Hannig, has been approved for consideration."
"And the request, Representative, is to withdraw Amendment #5?"
"Yes."
"Mr. Clerk, withdraw Amendment #5. Further Amendments, Mr. Clerk?"
"Floor Amendment #6, offered by Representative Feigenholtz, has been approved for consideration."
"The Chair recognizes Representative Feigenholtz on Floor Amendment #6."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #6 is an… is a… is cleanup language from the budget implementation Bill. There was a little confusion about how the federal poverty level rate that we were attempting to change was determined and this cleans that up. I'd be glad to answer any questions."
"Representative Eddy, do you wish to discuss the Bill now or would you want to wait 'til it's on Third Reading?"
"I'll wait." 09500294.doc 36 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Wait 'til it's on Third Reading. Therefore, all those in favor of the adoption of Amendment #6 signify by voting… saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment 6 is hereby declared adopted. Anything further, Mr. Clerk?"
Clerk Bolin: "There are two (2) Motions pending to table Committee Amendments 1 and 2."
"Representative Feigenholtz on Amendments…"
"We do not want to table Amendments #1 and 2."
"So, Representative Feigenholtz, your Motion is to withdraw Motions 1 and 2. Correct, Representative? Motion to Table… Motion… Representative Hernandez, regarding Senate Bill 2348, you had Motions #1 and 2 to table."
"Yes, that would be fine."
"You wish to withdraw those Motions?"
"Yes."
"Yes. So, Amendments #1 and 2 are withdrawn. Amendments #1 and 2… The Motion… the Motion to Table Amendments 1 and 2 is withdrawn. Thank you, Representative Hernandez. Mr. Clerk, for the record, now what are the status of the Amendments on the Bill?"
"Committee Amendments 1 and 2 have been adopted. Floor Amendment #6 has also been adopted. No further Amendments. No Motions filed."
"Third Reading. And read the Bill, Mr. Clerk."
"Senate Bill 2348, a Bill for an Act concerning public aid. Third Reading of this Senate Bill." 09500294.doc 37 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
Speaker Lyons: "Representative Feigenholtz on Senate Bill 2348."
"Thank you, Mr. Speaker. Is… everything is clear on this Bill, I'd like to proceed. Again, Senate Bill 2348 is a… it's cleanup language for the budget implementation Bill regarding the AIDS Drug Assistance Program which is jointly funded by the state and federal program. It provides HIV medication to low-income people living with HIV/AIDS. I'd be glad to answer any question."
"The Chair recognizes the Gentleman from Jasper, Representative David Reis."
"Inquiry of the Chair, first, Mr. Speaker."
"State your inquiry, Representative."
"Can we get a status? We're… I think I speak for a lot of people in the chamber. We're unclear as to exactly what we're voting on. Were Motions 1 and 2 tabled?"
"They were withdrawn, Representative."
"So, they're no longer a part of this, just Amendment 6."
"Mr. Clerk, for clarification."
"Three Amendments have been adopted to the Bill. Amendments 1, 2 and 6 have been adopted."
"Have any of those been withdrawn? Okay. Thank you for clarifying that."
Speaker Lyons: "Okay. Thank you, Representative. Representative Roger Eddy."
"Thank you, Mr. Speaker. I also… I want to make sure this analysis is correct before I ask the questions based on Amendment… Amendment 5 is not been adopted? Is that correct? If I… if we could get the Clerk to…" 09500294.doc 38 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Correct, that was withdrawn."
"Okay. So, Amendment #6 and 1 and 2. And 1 and 2 contains the clarifying 'bimp' language? I think the goal or the intent of this Bill is to clarify budget implementation language that would allow the expenditure of a… a line item that's already established. Is that correct?"
"Correct, yes."
"Okay. So, Amendment 1 and 2 contains the correct implementation language."
"Amendment 1 and 2 have been wiped out by Amendment #6."
"Okay. Okay. So…"
"Number 6 contains the clarifying language."
"So, #6 becomes, basically, the Bill."
"Yes."
"Okay. Now, very… very quickly then, the amount of budget authorization contained in the original appropriation has not changed."
"It has not."
"Okay. And that total amount is three million (3,000,000)."
"I believe it's 1.5 million (1,500,000)."
"Okay. And… and that… that money's already been appropriated and you're not changing that appropriation, but there was something…"
"That is correct. There is no…"
"Okay."
"…that money's already been appropriated." 09500294.doc 39 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"So, just something in the 'bimp' language needed to be changed…"
"That's correct."
"…to allow the actual expenditure of an appropriated amount."
"Right."
"All right. Thank you very much, Representative, for the clarification."
"Representative Feigenholtz to close."
"I'd appreciate an 'aye' vote."
"This Bill will need 71 votes for passage. The question is, 'Should Senate Bill 2348 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 110 Members voting 'yes', 0 voting 'no'. This Bill, having received the Supermajority, is hereby declared passed. Mr. Clerk, on the top of page 4, under Senate Bills-Third Reading, is Senate Bill 2858. Read the Bill, Mr. Clerk."
"Senate Bill 2858 is on the Order of Senate Bills- Third Reading."
"Mr. Clerk, move that Bill back to the Order of Second Reading. What's the status of the Bill?"
"Senate Bill 2858, the Bill's been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Ford, has been approved for consideration." 09500294.doc 40 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
Speaker Lyons: "Representative Ford on Amendment… Floor Amendment #2."
"Thank you, Mr. Speaker and Members of the House. At this time I would like to table Amendment #1 and adopt Amendment #2."
"The Gentleman moves to table Amendment #1. All those in favor signify by saying 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And table #1 (sic-Amendment) is adopted (sic-tabled). Now, on Amendment #2, Representative Ford moves for the adoption of the Amendment… Amendment… Floor Amendment #2. All those in favor of its adoption signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions filed."
"Third Reading. And read the Bill, Mr. Clerk."
"Senate Bill 2858, a Bill for an Act concerning education. Third Reading of this Senate Bill."
"Representative LaShawn Ford."
"Thank you, Mr. Speaker and Members of the House. Senate Bill 2858 is an Bill to eliminate trans fat in school cafeteria lunches beginning July 1, 2009. This Bill is a good Bill and I applaud the Senate for sending the Bill over in a bipartisan manner. And I ask that this House do the same and pass Senate Bill 2858 in the name of all the children of this great state."
Speaker Lyons: "Recognize the Gentleman from Jasper, Representative Reis." 09500294.doc 41 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Will the Sponsor yield?"
"Sponsor yields."
"Representative, you've taken several cracks at this. How does this House Amendment change what has been so controversial in previous votes on this issue?"
"This Amendment removed the immediate effective date and switched the JCAR language for the new version."
"So, really it doesn't change any of the underlying Bill that hasn't gotten a lot of support from this chamber, right?"
"It changed the… I don't know that they got a lot of support. I don't know…"
"Well, this Bill failed once before, didn't it?"
"Excuse me. It never failed."
"Twice before?"
"It never failed. We had a storm."
"Oh, the tornado came. Okay. What are the penalties for a school district that doesn't adhere to this or a poor kitchen cook who mistakenly orders something? I mean, what are the penalties for not adhering to this policy?"
"There are no set penalties in this legislation, Sir."
"So, can they just ignore it and go ahead…"
"We'd like to hope that they don't ignore it. So, there are no penalties, that was your question."
"To the Bill. Every day we try to make Legislators into superintendent and school board members. We should let our school boards and our superintendents run their schools instead of micromanaging them from Springfield. If this is 09500294.doc 42 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 a big issue and there's a groundswell and they all meet and they talk at school board conferences and things like that, if this is a great idea, our school boards are going to want to implement it. I think just by changing an effective date does not change the underlying concerns that people have with this Bill. We should let our school boards run themselves. I rise in opposition to your Bill."
Speaker Lyons: "The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, this Bill came through committee and I asked whether or not you had information on the possible cost increase to school districts to comply with this and at the time you really didn't have anything. And I was wondering if you had the opportunity to… to do a little research and find out what this might cost schools?"
"Yeah. So, at this time, the State Board of Education, they were contacted, but they were not able to give me figures about… at this time."
"Okay. So, you're asking… Let me ask you this. Do you think it's reasonable to assume that school lunch costs will go up as a result of a ban on trans fats?"
"It's a good assumption that health care costs and the problems with our children obesity would go up."
"Representative, I asked you a question about costs to schools. Is it an assumption that the cost for the meal will go up if we do this?" 09500294.doc 43 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Well, Representative Eddy, I am not going to answer your question with an assumption."
"Mr. Speaker, to the Bill. Ladies and Gentlemen of the House, we have… we have discussed the merits of living in a perfect world and in a perfect world maybe there's not going to be trans fats at school, maybe… maybe kids aren't going to fall down on the playground and maybe everybody's going to get along and we're not going… But what you're doing is you're saying to school districts, you have to do this and you're telling families all over this state you're going to pay more for school lunches. You're telling schools you're going to pay more for your share of school lunches and you're not providing any money. We do this time after time after time to school districts. We impose mandates. There is a perfectly good rulemaking authority at the State Board of Education and you're bypassing that with this Bill. You're just saying we think that schools should do something a certain way. It doesn't matter how much it costs them. Let's just impose that mandate on those schools. There are seven hundred million dollars ($700,000,000) worth of vouchers sitting in the Comptroller's Office right now that are supposed to be reimbursing school districts for transportation, for special education costs. We're not paying early childhood providers and new programs that were established under last year's budget. And now, we're going to tell school districts, we want to ban trans fats as of a certain date, it's going to cost you a lot of money, but just deal with it. Ladies and Gentlemen of the House, this is a… this is 09500294.doc 44 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 a Bill that should qualify for the… the trophy. This is a trophy Bill. We need 'no' votes on this. When we're talking about 8 percent cuts across the board in the state board budget, we're going to impose this on school districts. I… I just can't believe we're even debating the possibility of this kind of an unfunded mandate. Vote 'no'."
"The Chair recognizes the Gentleman from Lee, Representative Jerry Mitchell." Mitchell, J.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." Mitchell, J.: "Representative, when you accepted this Bill from the Senate wasn't the intent at that time to adopt rules for eliminating trans fats over a period of time after input from the superintendents and from school districts? Wasn't that the original Bill that came over?"
"After what?" Mitchell, J.: "You have something in your ear. Mr. Speaker, our conversation can't be heard."
"Jerry, it gets a little loud in here. Ladies and Gentlemen, there is a debate going on about a very serious Bill. Could I please ask for… bring the conversation levels down to a minimum. Shhh. Thank you very much. Jerry Mitchell." Mitchell, J.: "Thank you, Mr. Speaker. Representative Ford, when you first accepted this Bill and decided to move it through the House and you brought it to committee the first time, I pointed out to you that what you have done with 09500294.doc 45 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 your Amendment is take away the decision making power, the input, from various school districts if we would, in fact, take the time to have a rulemaking process and eliminate trans fats over a period of time with input across the state as to what the cost would be, how difficult it would be, but you just simply changed that Bill to say we're going to ban it and the fact that it was an immediate ban, now you're back again with the same Bill saying you want it banned 2009. Again, this constitutes a mandate that simply takes away any input from school boards, school superintendents across the State of Illinois. I… I don't think that's a good practice for us to be in. I think if there's a chance to make the rules to give districts the time to get used to something like this, over a period of time and be able to absorb those costs since we certainly cannot reimburse them for the additional cost and you know in your heart of hearts there is going to be additional cost, because this is a change in the way that food services will be administered for each and every district across this state. Now, research shows that trans fats do cause obesity. Research also shows that overeating costs… cause obesity. In fact, overeating causes obesity quicker than eating trans fats. So, maybe we should ban second and third helpings in the cafeteria and I guess that will be your next Bill. We're getting to the point now where it's getting close to ridiculous. We don't allow school districts to run school districts. It's going to get to the point where we don't need school boards anymore; we will just do that ourselves. We'll be one giant school 09500294.doc 46 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 board and the Governor can be the school superintendent, which I think he wants to be anyway. This Bill has never passed the House, shouldn't pass now. Think long and hard about your vote. Vote 'no' and maybe we can come back with a solution for school districts, working together to eliminate the problems of trans fats. Thank you, Mr. Speaker."
"Representative Eddie Washington."
"Thank you, Mr. Speaker. Will the Sponsor answer a few questions, please?"
"Sponsor yields."
"Representative, in looking at the Bill I noticed that in the content of the Bill you have that the American Heart Association makes a high priority. Could you elaborate on that for a minute?"
"Well, the American Heart Association, it's… that's a good question because when you think about it, the previous speaker spoke about overeating versus trans fats. There's no comparison to overeating and a poisonous chemical of trans fats, so the American Heart Association understands…"
"Mr. Speaker, I can't hear him. I'm sorry. I'm having difficulty hearing him."
"Thank you, Representative. To the point about the American Heart Association, as I said, the previous speaker spoke about obesity then caused by overeating as well as trans fats. Well, facts show that trans fats not only attribute to obesity, but it also attribute to heart disease and lots of other diseases that face our children and all the people in the State of Illinois. And you know, 09500294.doc 47 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 even McDonald's ban trans fats in their restaurants, so you know, that means something. And so, that's why the American Heart Association said that they would ban… or that they agree to this Bill… that they make a high priority recommendation that the manufacturers… yes, and restaurants replace it."
"Well, Representative, thank… thank you. I just want to say that when I read that, you know, I definitely don't want to take on challenging that the people who represent the American Heart Association don't know what they're talking about when they're talking about trans fat and those things. And I know I'm probably a fan and an advocate of that particular agency because when I go out I find myself grabbing products that have that healthy heart symbol on it. You know, I want to fool myself that I'm trying to do better as I get older about things that now I used to eat and enjoy now I'm finding out that some of the things I've gotten accustomed to will send me to an earlier grave quicker. So, I thank you for that…"
"Yeah."
"…but at the same time I'm looking at the number of our young, beautiful children in our school in Illinois and they're facing the challenges of obesity or things such as trans fats. And though my colleagues are missing some very good points on the other side of the aisle, I want to look at the fact that when we speak of additional cost, the additional cost is the money that we pay for heart disease, diabetes, and the cost… rising cost of that and the fact that our children are obese and that if in a wartime 09500294.doc 48 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 situation or just keeping America healthy, our children don't look like they would be good candidates at this date. So, I think we need to start somewhere and I appreciate the fact that you took enough interest to start here and that doesn't say that it is not worth your start. And when we talk about cost to school districts, let me go on the record to say I have a school district that is more so costing the taxpayer there in terms of their ineptness rather than their care and concern of what the children are eating. So, I definitely stand in support of the legislation and I just want to say I noted that in your legislation it also talks about thirty thousand (30,000) premature coronary deaths alone. Now, that could be my son or daughter. I don't know who they pegging to be dying of trans fat, but I do know I got people in this room and outside that I love and care about and I want to eradicate anything that represent a bad modification of habit that would lead to an earlier death. To the Bill. Mr. Speaker, I think this is a good Bill. I don't think that it's about monetary costs, but it's about health costs. It's about future issues of children that we see, I know you got to see them. They are… they are too big and that's from eating a lot of junk food, a lot of food that are chemicalized. A lot of our female children are developing breasts at an earlier age due to the components and makeup of our dietary system which wants to make the cows fatter, but at the same time is making the children fatter. So, I… I stand in support of the Bill and say that we should give his Bill the light of day. Thank you." 09500294.doc 49 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Representative Dennis Reboletti."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, the state faces many crises. Is this the most important thing that you think we should be dealing with here in November…"
"You know…"
"…trans fat?"
"…you know, I think that that's pretty disrespectful to ask me whether or not this is one of the most important things to deal with. I think it's a very important thing to deal with at this time, Sir."
"Well, here. Representative, I have a school district that needs about twenty-five million dollars ($25,000,000) in state money so that they can take children out of a gym and…"
"Oh. Well, I have a high…"
"Hold on a second, Representative."
"I have a district that don’t have a high school."
"Don't… Representative, hold on a second."
"So, you know, so I don't…"
"Hold on a second, Representative. My… the students in Bensenville have to go to lunch at 10 a.m. in their gymnasium. They don't have time for gym 'cause we don't have a capital Bill."
"We don't have a gym room in my district either. So, okay, we got a big problem here. You telling me that because we have a big deficit or budget that we should do 09500294.doc 50 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 nothing else but sit here and not worry about other problems…"
"We need to…"
"…that face this state."
"Representative, with all due respect…"
"You sit there and you do nothing and just worry about one thing. My people sent me here to work on issues like this. So, I'm here standing for them, right now, to say that we need no trans fats, that we don't have to wait until the budget crisis is over to make sure that the people in Illinois have a better life."
"Can't the Chicago Public School Boards deal with that? I'm sure that the Elmhurst School District can deal with that. We are electing those folks in April and I'm sure they can make those choices. It's called local control, Representative, and we have…"
"You know, I think that you are right, but you know what, let me tell you something. Until this House… until this state says that they believe that schools on the west side, schools on the south side, schools all over should be treated equally and they have gym rooms…"
"Mr. Speaker…"
"…and they have tracks in their community so that they can fight obesity and fight things like this then, I think that you should support this issue."
"To the Bill, Mr. Speaker. You know, there are, again, we have so many issues that this state is facing. We have a five billion dollar ($5,000,000,000) deficit, we don't have a capital Bill, we have sixty thousand (60,000) 09500294.doc 51 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 manufacturing jobs leaving the state that affects each and every one of our districts, unemployment rates are the highest and we're going to worry about trans fat. I am concerned about the health of our children. I have a seven-year-old in first grade and I appreciate what you're trying to do, Representative and I have been accused of being in the same type of situation with, why are we focusing on these things. But I think that we need to work on building better schools, having more physical education time and we can work on what you're trying to do. But I think over the course of time, as Representative Mitchell had indicated, but for those reasons I cannot support your legislation."
"Representative Chapin Rose."
"Well, I'm sorry, Mr. Speaker. I was intending to hit the blue button to get some potato chips from the Page."
Speaker Lyons: "You don't want to speak to the Bill, Representative?"
"I do…"
"Oh, okay."
"I do, Mr. Speaker. Representative, I see here that Frito-Lay is neutral on this important topic. Have any other major potato chip manufacturers weighed in?"
"Well, you know, I think that this Bill appears to be a ridiculed Bill and I don't find it funny one bit. Because, you know what, I think that people need to realize that just because you have potato chips doesn't mean they didn't have trans fats."
"Representative…" 09500294.doc 52 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Trans fats so, I don't know."
"Here's the problem. The problem is what Representative Reboletti just said. Our developmentally disabled providers haven't been paid, our school districts aren't getting paid, drug treatment, universities, on and on and on and we're dealing with this. And it's an unfunded mandate that only makes that worse. Now, I respect your opinion and I'm going to… in a minute I'm going to respectfully disagree and I'll tell you why. But I do think Representative Reboletti and others have a very valid point here that at this point in time when so much is going on and so many need our help, we don't need to be putting another unfunded mandate on them. Now, I'm going to tell you my position and why as a philosophical point, I disagree with you then you're free to respond, Representative. Since when is it the Governor's… that the government's business to tell and mandate people how to live their lives. Whatever happened to personal responsibility? That's the most important thing, personal responsibility, and somehow we're going to sit here in Springfield and say, ah, well, I guess that kid doesn't know what's going on so we're going to take away his potato chips. Personal responsibility. Representative, if you want to do something, let's work on that, I'll join you, but I mean, whether it's this or foie gras or whatever, this nanny state stuff has got to stop. Thank you, Mr. Speaker."
Speaker Lyons: "Representative Suzie Bassi. Suzie Bassi, Representative Bassi, you have the microphone." 09500294.doc 53 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Oh, I'm sorry. Thank you, Mr. Speaker. Representative…"
"The Sponsor yields."
"…I rise in very strong opposition to your Bill because public schools in America today are expected to teach good nutrition habits, train students in pulmonary coronary resuscitation, give specialized instruction for the hard of hearing, the blind, and the neurologically impaired, treat the emotionally disturbed, train the mentally retarded, teach the gifted, do eye tests and give inoculations, teach first aid procedures, provide pregnancy counseling, assist in disease prevention, inculcate morals, ethics, and values, collect money to rebuild the Statue of Liberty, stress the prevention of drug, alcohol and tobacco abuse, help students develop political knowhow, develop civic responsibility, provide sex education, provide suicide counseling, maintain birth information and age certification data, provide instruction in good health care and AIDS prevention, teach driver training, provide civil rights and racial tolerance, foster integration, teach the principles of free enterprise, provide career information, assist in career planning, detect and report child abuse, teach telephone manners and etiquette, instruct in speed reading, eradicate head lice, scabies and other diseases, assist in charity fundraising, provide vocational training, build economic awareness, serve hot lunches and breakfasts, dispense surplus milk, do job placement, stress bicycle safety and pedestrian safety, promote physical fitness, assist with bilingual language development, counsel 09500294.doc 54 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 delinquents, foster metric education, provide transportation, teach consumer education, counsel students with problems, follow due process procedures, protect student privacy, provide computer literacy, teach them to like broccili, unteach them the four food groups, teach the pyramid, teach humaneness and individual responsibility, eliminate sex discrimination, assist in bladder control, develop an appreciation of other people and other cultures, promote the uses of information, develop the ability to reason, develop the ability to reason, build patriotism and loyalty to the ideals of democracy, promote an understanding of the heritage of our country, build respect for the worth and dignity of the individual, develop skills for entry into a specific field, teach management of money, property and resources, provide income tax counseling, develop curiosity and a thirst for learning, develop skills in the use of leisure time, teach pride in work, build a feeling of self-worth or self-respect, avoid religion, and teach reading, writing and arithmetic and now to this you want to add trans fats. Please vote 'no'."
"Congratulations, Representative Bassi, on the speed reading course that you have obviously just successfully continued. We appreciate your comments. Representative Bill Black."
"Thank you very much, Mr. Speaker. My apologies for being on your side of the aisle. No, actually, no apology necessary."
"Wow."
"I like it… I like it on your side of the aisle." 09500294.doc 55 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"It's on the record."
"I was going to ask Representative Bassi to repeat that list; I didn't get all of it. Mr. Speaker and Ladies and Gentlemen of the House, to the Bill. The Gentleman, I'm sure, is well-intended. To look at him, to talk with him, obviously, he knows more about trans fats than I do. He is a lean, mean legislative machine. But in all due respect to Representative Ford, in the Book of Ecclesiastes there are some words that the Byrds later turned into a hit song. Let me share some of that with you. 'To everything there is a season, and a time to every purpose under the heaven, a time to be born, and a time to die, a time to plant and a time to harvest up that which is planted, a time to weep and a time to laugh, a time to mourn and a time to dance.' And it goes on. As well-intentioned as the Gentleman is, this is a radical departure from what we first began to discuss. This started out as a collaborative effort with locally-elected boards of education. These people do a very difficult job, a job with no pay. We were to have developed rules in collaboration with locally-elected school board members, school food service managers, parents, teachers, and I think we were all agreed that we would move in this direction in a orderly process, giving districts a chance to have input to begin the change with a minimum of cost and disruption to the schools that would be impacted. Schools can do this now and many of them are. But here we come at a difficult time and we want to mandate that they all do this on or before July 1 of next year. Ladies and Gentlemen, we are in a serious economic 09500294.doc 56 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 situation. I don't know what you're telling your schools, but I'm telling mine, who are calling me now on a fairly regular basis, I can't tell you when you're going to be reimbursed for school transportation costs. They have not received any money since school started. I don't see this situation getting any better. So, the Book of Ecclesiastes, 'there is a time and a season for everything.' This is not the time to impose an expensive mandate on our public education system that is struggling with the state budget problem. You know, we debated this Bill at some length on May 30 of 2008. As you'll recall, that's when the tornado alert sounded and we had to leave the floor and go down into the tunnels for a period of time. I would submit that nothing has changed since that May 30 of '08. The Gentleman, and I'll be glad to work with him, this is a well-intentioned process that needs to be worked out collaboratively, not mandated at a rather late period in the 95th General Assembly. I respect the Gentleman. I respectfully differ with his Bill, not so much in the content of what he seeks to do, but in the methodology in which he seeks to do it, by a unilateral Act of the General Assembly saying you will on this date do this, this and this, when most of them are moving in that direction as quickly as they can make the move and as other choices become available. In all due respect to the Representative and to those who feel as he does, and I've been on a diet, I'm trying to get down to where I looked half as good as…"
"Mr. Black, 1 minute, please? We've had…" 09500294.doc 57 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Yes. Thank you very much, Mr. Speaker. Ladies and Gentlemen, in all due respect to the Sponsor and the issue, this is not the time to impose an unfunded mandate on our public schools. We are moving in this direction. We will continue to move in this direction. We do not need an expensive unfunded mandate. And in all due respect to the Sponsor, I urge a 'no' vote."
"Representative Brauer."
"Thank you, Mr. Speaker. Previous question."
"Thank you for your Motion, but there are no more speakers. So, we let Representative LaShawn Ford close. Representative Ford to close."
"Thank you, Mr. Speaker and Members of the House. Just… I think that this Bill is about whether or not we're going to feed our kids poisoned lunches or are we going to worry about how much it costs to not feed them poison, because studies show that trans fat is a poison in our school kids' lunches. So, I respectfully listen and hear the cries of the people that disagree with the Bill, but I just feel that we should vote 'yes' for a Bill like this that removes trans fats out of our kids' lunches. And I'd ask for an 'aye' vote from everyone. This, by far, is not a trophy Bill and I ask that everyone really dig deep into their hearts and think about those kids that can't afford to bring a lunch to school that their parents would fix them without trans fats, that's forced to eat lunches that's provided by the schools and that's what this is about. It's not about whether or not we should place mandates. It's about doing what we all say when we're on our campaign 09500294.doc 58 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 trails that we want to provide a better quality of life for the people that we serve. And if you feel that you want to feed trans fats to kids in schools, then you go right ahead and vote 'no', but if you feel that you want to provide the kids with the best lunch possible in public schools and in schools, then I think you'll vote 'yes'. Thank you, Mr. Speaker."
"This Bill will require 60 votes for passage. So, the question is, 'Should Senate Bill 2858 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? Graham, Yarbrough. Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 39 Members voting 'yes', 71 Members voting 'no'. The… this Bill, having failed to get the Constitutional Majority, is hereby declared lost. Mr. Clerk, on page 4 of the Calendar, under Senate Bills-Second Reading, Representative Burke, you have Senate Bill 826. What's the status of that Bill, Mr. Clerk?"
"Senate Bill 826, the Bill's been read a second time, previously. No Committee Amendments. Floor Amendment #2, offered by Representative Burke, has been approved for consideration."
"Representative Burke on Floor Amendment 2."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Amendment #2, that was recommended for adoption by the committee, would provide that municipal officials… generally, at this point in time, munic… 09500294.doc 59 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 municipal officials cannot purchase property within a TIF district located in a municipality in which they serve. With House Amendment #2, this Bill provides that the municipal officials may acquire an interest in property within a TIF district as long as the following five (5) conditions are met: the official uses the property as a primary residence, the official discloses information regarding the acquisition, the official pays fair market value for the property, the property is publicly advertised for sale, and the official recluses (sic-recuses) himself from voting or communicating on matters that benefit the TIF over the municipality. Be happy to answer any questions."
"Is there any discussion? The question is, 'Should Amendment #2… Floor Amendment #2 to Senate Bill 826 be adopted?' 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's been adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions filed."
"Third Reading and read the Bill, Mr. Clerk."
"Senate Bill 826, a Bill for an Act concerning local government. Third Reading of this Senate Bill."
"Representative Burke."
"For the Body's information, Ladies and Gent… Amendment #1 is not on the Bill. This is just Amendment #2. And as I previously described the Amendment, I'd be happy to answer any questions." 09500294.doc 60 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Is there any discussion? The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."
"Thank you, Mr. Speaker. Will the Sponsor yield for a question or two?"
"Sponsor yields."
"Representative, the underlying Bill, I believe, allows the communities… cities of a population under five thousand (5,000) to have some type of work on their pension fund. Is… is that all out of the Bill or is that still part of the Bill or…"
"It's out of the Bill."
"Okay. So, we're dealing only with the Floor Amendment #1?"
"Number 2."
"Number 2. Okay. And our analysis is not updating very quickly on Floor Amendment #2. Could you… would you be so kind as to once again review basic tenets of that Amendment?"
"Certainly. The Bill would provide that municipal officials may acquire an interest in property within a TIF district as long as the following five (5) conditions are met: that the official will use the property as a primary residence, the official discloses information regarding the acquisition, the official pays fair market value for the property, the property is publicly advertised for sale and the official recluses (sic-recuses) himself or herself from voting or communicating on matters that benefit the TIF over the municipality and the Bill would sunset in two (2) years." 09500294.doc 61 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Okay. So, this… is there a current provision that allows those officials to access that TIF land? Is there something that already exists that this is extending?"
"Yes. It would renew it for two (2) years."
"Okay. So, currently, all of the five (5) conditions that you previously stated are in effect for local officials and TIFs?"
"That is correct."
"All this Bill does is extend the current for two (2) years. That is…"
"That is correct."
"Okay. Thank you for the clarification, Representative. I appreciate it."
"Representative Schmitz."
"Thank you, Speaker. Representative Burke, we're having a computer glitch over here. We do not have Amendment 2 up on our system yet, so that's why we're trying to figure it out. You gave a good description of it, but we're still trying to figure out here. Could you give us a couple more minutes to get this… get this on the system and we'll come back to it?"
"Do you want to take it out of the record, Mr. Speaker?"
"Mr. Clerk, to accommodate the GOP, 'til they get the thing up and running, Representative Burke, we'll take that out of the record. As soon as you get it up, we'll bring it back. Thank you. Thank you, Representative Burke. Mr. Clerk, on page 4 of the Calendar, under Senate Bills-Second Readings, Representative Kathy Ryg, you have 09500294.doc 62 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 Senate Bill 2142. What's the status of that Bill, Mr. Clerk?"
"Senate Bill 2142, the Bill's been read a second time, previously. No Committee Amendments. No Floor Amendments have been approved for consideration. No Motions filed."
"Third Reading and read the Bill, Mr. Clerk."
"Senate Bill 2142, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill."
"Representative Ryg, what's your pleasure with this Bill? Do you want to keep it on Third Reading or do you want it brought back to Second?"
"I'd like to keep that back at Second, please."
"On the request of the Sponsor, take that Bill back to Second Reading. Representative Al Riley, for what purpose do you seek recognition, Representative?"
"A point of personal privilege."
"Please proceed, Representative."
"Thank you, Mr. Speaker. I'd like to welcome and have everybody welcome the Chicago Jobs Council. Bob Wordlaw is the executive director. These are some of the people who you see in the bright colored vests and what they're doing is they're advocating for efficient and effective job training programs, especially House Bill 3889. So, I think some of them still may be in the audience. Give them a very nice Springfield welcome. There they are."
"Welcome to Springfield. Thanks for being here. Enjoy your day. Representative Burke, I think our Republican colleagues have got your… your Amendment on 09500294.doc 63 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 their… on their LIS. They've got it ready to roll. So, we'll go back to Senate Bill 826. It's on the Order of Third Reading. Representative Dan Burke."
"Thank you, again, Mr. Speaker and Ladies and Gentlemen of the House. I think now that the matter has been resolved technically on the Republican side that they have their analysis, I think we can proceed. And I'd be happy to answer any further questions."
"Seeing none, the… A question by Representative Tim Schmitz. Representative Schmitz."
"Thank you, Speaker. I just want to thank the Sponsor for pulling that from the record for a few minute and let our computers catch up to it. And he's a Gentleman for doing that. Thank you."
"The question is, 'Should Senate Bill 826 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, Mautino. Mr. Clerk, take the record. On this Bill, there are 103 Members voting 'yes', 4 Members voting 'no', 3 Members voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Golar, on page 4 of the Calendar, you have Senate Bill 2603. What's the status of that Bill, Mr. Clerk?"
"Senate Bill 2603, the Bill's been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendment #3, offered by Representative Golar, has been approved for consideration." 09500294.doc 64 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Representative Golar on Amendment #3."
"Thank you, Mr. Speaker and Members of the House. I'd like to adopt Floor Amendment #3."
"It's a Motion to adopt Amendment #3. Is there any discussion? Seeing none, the question is, 'Should the… vote… All those in favor of the adoption vote by saying 'yes'; those opposed vote 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment 3 is adopted. Anything further, Mr. Clerk? Representative, we're going to keep that Bill on the Order of Second Reading. There's an issue that has to be cleared up in Rules, so if you want to approach the counsel here, maybe they can help you with that. We'll leave that Bill on the Order of Second Reading. Representative Al (sic-Greg) Harris, on the bottom of page 4, under Senate Bills-Second Readings, you have Senate Bill 2725. What's the status of that Bill, Mr. Clerk? Hou… Senate Bill 2725."
"Senate Bill 2725, the Bill's been read a second time, previously. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Mr. Clerk, take that Bill out of the record on request of the Sponsor. Representative Michael Smith, for what purpose do you seek recognition?"
"Thank you, Mr. Speaker, for an announcement. This weekend will be a special occasion in the State of Illinois. Our colleague, Representative Tom Holbrook, will be a year older on Sunday. Please join me in wishing him a happy birthday." 09500294.doc 65 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Happy birthday, Tom Holbrook and many happy, healthy more. Representative Golar, I think we have it resolved here that… I'll ask the Clerk… the Senate Bill 2603, what's the status of the Bill?"
"Senate Bill 2603 is on the Order of Senate Bills- Second Reading. Amendments 1 and 3 have been adopted to the Bill. A Motion to Table Amendment #1 remains in the Rules Committee."
"So, there's no question on that, they can just… Mr. Clerk, move that Bill to the Order of Third Reading and read the Bill."
"Senate Bill 2603, a Bill for an Act concerning education. Third Reading of this Senate Bill."
"The Lady from Cook, Representative Golar."
"Thank you, Mr. Speaker and Members of the House. Senate Bill 2603, the Amendment, will rectify the outdated reporting requirements of City Colleges of Chicago. But it would also amend the Private College Act, the Academic Degree Act and State Finance Act. It will give the Illinois Board of Higher Education the authority to assess and deposit fees for academic degree programs for universities and institutions. This Bill would… would apply only for non-for-profit Illinois institutions and all out-of-state colleges and universities. No fees would be charged to Illinois public universities or community colleges or any not-for-profit private institutions. One would ask as to why fees would be coming forth now and that is because in the last two (2) years applications for proprietary institutions and out-of-state institutions 09500294.doc 66 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 seeking to operate and offer new degree programs has significantly increased. I'll be happy to take any questions at this time."
Speaker Lyons: "The Chair recognizes the Gentleman from Vermilion, Representative Bill Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, in your introductory remarks, and this is what I want to focus on, I don't think I'm opposed to your Bill, but I want to make sure… I had this confusion in committee yesterday. You said all out-of-state colleges and universities would have to file this application and permit fee and I don't think that's really what you mean. Out-of-state colleges and universities aren't going to have to do this at all unless they have a physical campus or presence in the State of Illinois. Indiana University…"
"That's correct. That's correct."
"…doesn't have to pay anything if… and there was any college or university can recruit students from Illinois and they don't have to pay this fee, correct?"
"That's correct."
"But if they want to open a campus, then they would be subject to the, as I understand it, a two hundred and fifty dollar ($250) fee for an intent to file an application…"
"Yes."
"…and then a five thousand dollar ($5,000) operating permit, correct?"
"Yes." 09500294.doc 67 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Okay. Now, one of the things I wasn't clear on in committee, if… if Indiana University, Purdue University want to establish a branch campus, let's say, in Calumet City, do they pay the five thousand dollars ($5,000) every year when they renew their application or is it a one-time fee only?"
"It's a one-time fee."
"All right. So, it's… it's really aimed at, as I understand it, what we used to call and I used to be a vocational counselor in a high school, and we used to call these private, technical institutes, schools, et cetera. It… it's… if they want to establish a campus in Illinois, for example, as I recall, there was a Denver Diesel, a very good school in Denver, Colorado, in diesel engine repair and technology. If Denver Diesel wanted to open a campus in Chicago, then they would have to go through this application and permit fee, correct?"
"That's correct."
"All right. But unless they want to establish a physical presence in the State of Illinois, they don't have to pay any of these fees, correct?"
"That's correct."
"All right. So, any private, public technical college, community college can recruit students from Illinois, but if they want to have a campus, a physical campus, then they go through this process."
"Correct."
"Okay. Now, a question that I asked yesterday and I tried to get the answer and I still don't have it. If my… 09500294.doc 68 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 I have a community… two (2) community colleges in my district and Danville is right on the Indiana border. So, if we enter into an agreement, let's say, with Purdue University, only about eighty-five (85) miles from where I live, Purdue University would send over a faculty member to teach a junior-senior level class so you wouldn't have to commute to get a bachelor's degree, say, in education. They have no physical presence, but their professor would be teaching a class on the campus of Danville Community College. Would… would Purdue then have to go through the permit process?"
"Yes. I would think so."
"All right. Okay. Now, that's… I think that's something we may want to take a look at. I think we need to encourage, particularly in fields like nursing where there's a critical shortage, because this fee could make the difference in an Indiana State or an Indiana University saying, well, we'll send faculty over and help you with this curricula but not if we have to pay a five thousand dollar ($5,000) fee. So, you might want to look into the Senate Sponsor making sure that we're not doing something that would inhibit the free flow of professors and curricula across border 'cause then it goes on in my district. I can understand the physical campus, but I'm not sure that I understand a permit if a visiting professor or a professor comes over to teach a junior-senior level class at a community college. Other than that, you've answered the questions I had and your staff was very 09500294.doc 69 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 helpful yesterday in committee. And I appreciate your answers."
"Thank you."
Speaker Turner: "Representative Turner in the Chair. The Gentleman from DeKalb, Representative Pritchard, for what reason do you rise?"
"Mr. Speaker, would the Sponsor yield?"
"She indicates she will."
"Representative Golar, yesterday in committee we talked about a number of issues that might be helpful for Members of the full House to hear and one of them dealt with what happens to this money once it's collected. Are there any protections in here that set the money aside from general operations or from the General Revenue Fund of the State of Illinois?"
"Well, in the language, Representative, there is language that states that it shall be used for that… those appropriated dollars would be used only for what those fees are supposed to be allocated for. Now, in terms of… I think the question was, if, in fact, those funds could be swept. Is that correct?"
"Yes."
"There is no guarantee. There is no guarantee on that, Representative Pritchard."
"But… as we talked in committee, I think there is as close as we can come to a guarantee that these are funds for specific purposes and they should only be used for those purposes." 09500294.doc 70 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"And that's what it says. It 'shall' be used only for those purposes in the Bill."
"Could you state a little bit more clearly for the rest of our colleagues what the real purpose for assessing these kinds of fees? What benefit will it derive for the citizens of the State of Illinois?"
"It expedites the process and allow more students to be served. Actually, Representative Pritchard, many of these… I think that it stated that because of the significant increase of individuals coming in for these special programs they actually tripled in many of the universities and so they decided that they would, in fact, start incurring these fees."
"Well, and I think that's what the State Board of Higher Ed has indicated that there are so many more universities trying to institute classes in our state that they're having to use scarce resources to review all of those courses and those institutions to make sure they're academically providing the kind of instruction that our students in Illinois need."
"Actually, they're in a backlog right now."
"And that this is a way that we can generate revenue for a specific purpose."
"That's correct."
"And I think this chamber, for a long time, has supported the notions of users paying fees so that not all citizens would have to pay for something that they might otherwise not take advantage of. So, this is a good way to generate some revenue that will be used for specific 09500294.doc 71 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 purposes, giving our students in the State of Illinois an opportunity for education and skill-level development that we really need to be competitive in a global economy."
"Rep…"
"I support the Lady's Bill and urge all of us here in the House to support it. Thank you."
"Thank you, Representative."
"Seeing no further questions, Representative Golar to close. Representative Golar to close."
"I would like to thank the Members for their comments. This was a Bill that I had had and then the Illinois Board of Higher Education came later and attached this particular portion to my Bill. So, I get a double win here for City Colleges and also for the Illinois Board of Higher Education. Thank you. I urge an 'aye' vote."
"So, the question is, 'Shall the House pass Senate Bill 2603?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 101 voting 'aye', 0… 9 voting 'nay' and 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Senate Bills-Third Readings, we have Senate Bill 2083, Representative May. Representative May. Read the Bill, Mr. Clerk."
"Senate Bill 2083, the Bill's been read a second time, previously. Amendment #1 was adopted in committee. 09500294.doc 72 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 Floor Amendment #2, offered by Representative Hannig, has been approved for consideration."
"The Gentleman from Montgomery, Representative Hannig."
"Mr. Speaker, with the… with the consent of the Sponsor, could we take this out of the record for a few moments? We're waiting for an additional Amendment."
"Take the Bill out of the record. On the Order of Concurrences, we have House Bill 427, Representative Ryg. On the Order of Concurrences, Representative Ryg."
"Thank you, Mr. Speaker. I move to concur on Senate Amendment #1 to House Bill 427. This Bill is needed to clarify language regarding an agreement between the Great Lakes Police Department and the City of North Chicago, which was codified in the last Session under Senate Bill 2051."
"Seeing no further questions, the question is, 'Shall the House concur with Senate Amendment 1 to House Bill 427?' All those in favor should vote 'aye'; all those opposed say 'no'. In the opinion of the Chair… No. Should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk… the Clerk shall take the record. On this question, there are 109 voting 'aye', 0 'noes', 1 'present'. And the House does concur with Senate Amendment 1 to House Bill 427. The Gentleman from Vermilion, Mr. Black, for what reason do you rise?" 09500294.doc 73 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Thank you very much, Mr. Speaker. Is… May I make an inquiry of the Chair? Is this an appropriate time or do you have a Bill you'd rather get to?"
"Representative, there's always time for you."
"At your… Thank you. At your pleasure. Thank you very much. Mr. Speaker and Ladies and Gentlemen of the House, on Supplemental Calendar #1 appears a Motion I filed yesterday to discharge from the Rules Committee House Bill 6707. I… I would ask the Body to concur. Let me tell you very briefly, if I could, what the Bill does. I have a state park in my district, Kickapoo State Park, named after an Indian tribe, that is arguably the finest example of reclaimed strip-mined land in the country and this was reclaimed back in the 1930s. The residents of Vermilion County bought this strip-mined land that, I have seen pictures of it, looks absolutely like a moonscape. The Civilian Conservation Corps under the administration of Franklin Roosevelt started this process of reclamation. The citizens of Vermilion County purchased this land and, as it began to evolve into one of the most beautiful state parks I've ever been in, they donated this park to the citizens of Illinois… the State of Illinois. Unfortunately, the Governor, for whatever the reason, decided to close it. The Governor has never visited Kickapoo State Park; I wish he would. There are miles of hiking trails, there are dozens and dozens of old strip- mined ponds for fishing, for boating. I've taken my grandchildren out in paddle boats. The state's only wild and scenic river, the only federally designated wild and 09500294.doc 74 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 scenic river flows through Kickapoo State Park. We have a lessee who will rent canoes to you so that you can go down the Middle Fork which is the only federally designated scenic river in the State of Illinois. And… and the park is closed or will close in two (2) weeks. I know time is late and I know these requests are generally not looked upon favorably, but all this Bill does, because we can't now do this under existing law, the Bill would say that this grants the ability to legally lease… the State Department of Natural Resources could lease Kickapoo State Park to a qualified entity, in this case it would be the Vermilion County Conservation District, so that they could operate it and not have to go through the closure process which is very painful to hundreds of thousands of people in my area who visit this park every year. It is a premiere recreation… destination recreation area, if you would. It could easily be amended to let any other park take advantage of this. It's permissive. It doesn't say the state has to lease it, but if they want to, I, in my district, have a group who would be interested in negotiating a potential one dollar-a-year lease for this state property and eventually, I don't think there's any question that out of my mind, that eventually this will be worked out and this park will again flourish as it has for years with a million visitors a year. I would respectfully ask that House Bill 6707 be released from the Rules Committee and placed on the Order of Second Reading."
"And on that question, Majority Leader Currie, the Lady from Cook." 09500294.doc 75 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Mr. Speak… Thank you, Speaker. I object to the Representative's Motion."
"Mr. Speaker, I'm shocked. I don't know what to say."
"Well, we'll let the Gentleman from Winnebago…"
"And… and with Nurse Nancy retiring, I mean, what happens if I collapse out of stress, shock, dismay. I… Well, shocked but perhaps not surprised."
"The Gentleman from…"
"Mr. Speaker… Mr. Speaker, here we are trying to save state parks, mental health services, developmental disabilities, drug and alcohol abuse. The Bill sits on the Governor's desk. I don't know what he's going to do with the Bill. I'm just trying to be proactive along with Representative Moffitt and several others who… who feel strongly that we should try to keep these state parks and historic sites open. And where is the Governor today? At an environmental conference in California. I just… I just don't get this. I respectfully… Mr. Speaker, under House Rule 57(a), I would respectfully appeal the ruling of the Chair that we be allowed to vote on the Motion to Discharge House Bill 6707 from the Rules Committee."
"The Gentleman from Winnebago, Representative Sacia, for what reason do you rise?"
"Will the Sponsor yield?"
"He indicates he will."
"Representative Black, I, too, was at that press conference this morning and I think there are many of us in this chamber with the same concerns that you have and would certainly want to be added to your Bill because we all 09500294.doc 76 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 recall in August of this year we passed Senate Bill 790, the Governor signed it into law. We passed Senate Bill 1103, passed by both chambers with bipartisan support. As you have indicated, it sits on the Governor's desk and we have historic sites, state parks, social agencies, not having access to that two hundred and twenty-one million dollars ($221,000,000) that we, the General Assembly, swept from numerous different state agencies, all with the belief that we were doing it for a very meritorious reason to keep these parks open, these historic sites open and create again the necessary funding mechanism for these social agencies that were losing their funding. I just can't, in my wildest imagination, understand what the Governor's thinking is when you signed 790 and 1103 was a combat… companion Bill to it and he doesn't sign that. Now, obviously, it doesn't take a rocket scientist to figure out that the Governor now has two hundred and twenty-one million more dollars available to him and its intended purpose by the General Assembly has been shoved up our nose. And I think that this is absolutely an insult to every Member of the General Assembly to the 12.8 million (12,800,000) people of this great state this is absolutely unacceptable that the Governor does not sign 1103 and Representative Black has a good Motion here. At least… at least, Governor, if you're not going to allow us to have the funding for these parks, for these historic sites…"
"Can you bring your remarks to a close?" 09500294.doc 77 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"…and for these very necessary social agencies, then at least allow us to have organizations in the communities run them, if ever so much, on a temporary basis. Thank you."
"The Lady from Grundy, Representative Gordon, for what reason do you rise?"
"Thank you… thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"Thank you. Representative Black, if… if your Motion to Discharge fails today, would you continue to work on this Bill for perhaps the three (3) state parks in my district that are also slated to close and perhaps put an Amendment on your Bill that would also include those three (3) state parks that would perhaps include something like the solution that you're proposing for the state parks in your district and… because I plan to vote for your Motion to Discharge to help you get this Bill out of Rules Committee. And if you would plan to work on your… your Bill and perhaps include my three (3) state parks in the future."
"Well, Representative, I commit to you and any other Member of this Body with Representative Moffitt's help, Representative Verschoore and Representative Boland, Representative Sacia and I this morning had a press conference. We fully intend to file legislation for the 96th General Assembly similar to this that would allow any state park or historic site to seek and approve… approved isn't the right word… to seek an entity that would ask for a lease or to operate said park or site from the state, if 09500294.doc 78 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 the state was willing. And I think all state parks should and I'm sure will be included or we will be amenable to any Amendment. There are viable community groups who would step forward, I think, and be willing to do this on a temporary basis."
"'Cause it…"
"My fear is closure could mean extreme expense because of vandalism and these parks will reopen at some point…"
"'Cause… 'cause there's at least…"
"…and why go through this."
"…at least one of my parks where there's a very nice park district…"
"Absolutely."
"…in the area that's already asked questions about it. So, I was just wondering. So, thank you, Representative."
"Yes. I thank you and I look forward to working with you."
"So, the question is, 'Shall the ruling of the Chair be sustained?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this issue, there are 61 voting 'aye', 49 voting 'no'. And the ruling of the Chair is sustained. The Gentleman from Vermilion, Representative Black, for what reason do you rise?"
"Mr. Speaker, just simply to thank the Chair for your indulgence. I appreciate that."
"Representative Harris, we have Senate Bill 1130… 1174 on the Order of Third Reading. Read the Bill, 09500294.doc 79 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 Mr. Clerk. The Gentleman requests that the Bill be brought back to the Order of Second Reading. Read the…"
"Senate Bill… Senate Bill 1174… Senate Bill 1174, a Bill for an Act concerning regulation. Second Reading of this Senate Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Harris, has been approved for consideration."
"The Gentleman from Cook, Representative Harris on Amendment #1."
"Thank you, Mr. Speaker…"
"Representative Harris moves for the adoption of Amendment #1 to Senate Bill 1174. All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment's adopted. Further Amendments?"
"No further Amendments. No Motions filed."
"Third Reading. Read the Bill, Mr. Clerk."
"Senate Bill 1174, a Bill for an Act concerning regulation. Third Reading of this Senate Bill."
Speaker Turner: "The Gentleman from Cook, Representative Harris."
"Thank you, Mr. Speaker. House Amendment 1 takes the language that was previously House Bill 5192 that passed both the House and the Senate unanimously and it replaces the 1174 language with the House Bill 5192 language. For those of you who do not recall, House Bill 5192 addresses the results of the Metropolitan and Chicago Breast Cancer Task Force and makes recommendations to reduce the disparities in breast cancer treatment and outcomes across 09500294.doc 80 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 the State of Illinois. Most Members of this House signed on as cosponsors to the previous Bill. The one change is that this legislation now has the kindlier, gentler rules Amendment with it. And I would ask for an 'aye' vote, please."
"Seeing no questions, the question is, 'Shall the House pass Senate Bill 1174?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 110 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Senate Bill-Third Readings, we have Senate Bill 719, Representative Hassert. Read the Bill, Mr. Clerk."
"Senate Bill 719, a Bill for an Act in relation to public employee benefits. Third Reading of this Senate Bill."
Speaker Turner: "The Gentleman from Will, Representative Hassert."
"Thank you, Mr. Speaker. This Bill simply amends the Illinois Municipal Retirement Pension Code to authorize the Will County Governmental League to participate in the retirement fund at… under their own costs. And I'd be happy to try to answer any questions."
"Seeing no questions, the question is, 'Shall the House pass Senate Bill 719?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? 09500294.doc 81 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 Representative Franks. The Clerk shall take the record. On this question, there are 109 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Senate Bills-Second Reading, we have Senate Bill 1985. Read the Bill, Mr. Clerk. All right. On Supplemental Calendar #1."
"Senate Bill 1985, a Bill for an Act concerning public employee benefits. Second Reading of this Senate Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. On the Order of Resolutions, we have House Resolution 1588. The Lady from Lake, Representative May."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I'd like to ask the… Gail and David Katz who are in the gallery behind me or they were, if they are still there, to rise. This Resolution recognizes the Save A Star Drug Awareness Foundation that they have organized in memory of their son, Daniel Lee Katz who at twenty-five years old was… died because of a prescription drug overdose. And they have set up this foundation to work with the Drug Enforcement Administration on awareness. A traveling exhibit, the Rx Factor Traveling Exhibit that will travel around our state to point out the dangers of prescription drug overdose. Many of our young people think that it's safe to take prescription drugs because they're… they're prescribed by doctors, they have pharming parties and it really is an increasing danger to all citizens of 09500294.doc 82 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 the state especially our youth. So, this Resolution is in support of the goals and work of the Save A Star Foundation, again, recognizing Gail and David Katz of Highland Park for… for their substantial work. And I move the adoption."
"Seeing no questions, the question is, 'Shall the House pass House Resolution 1588?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Saviano. The Clerk shall take the record. On this question, there are 110 voting 'aye', 0 'noes', 0 'presents'. And this Resolution, having received the Constitutional Majority, is hereby declared passed. On the Order of Resolutions, we have House Resolution 1596. The Lady from Cook, Representative Hamos. Read the Resolution, Mr… No. The Lady from Cook, Representative Hamos. Mr. Clerk."
"House Resolution 1596 directs the Auditor General to follow up on audit recommendations made to RTA, CTA, Metra and Pace in March of 2007. Requires the transit agencies to report to the Auditor General on the implementation of those recommendations and the Auditor General to issue a summary report."
"The Lady from Cook, Representative Hamos."
"Thank you, Ladies and Gentlemen. You've actually just heard the full extent of the Resolution. It's our attempt, as the Mass Transit Committee, to follow up and monitor how the recommendations of the Auditor General and how the, actually, the new provisions of the Transit Bill are being 09500294.doc 83 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 implemented. This will require the RTA to provide a report in three (3) months."
Speaker Turner: "The Gentleman from McHenry, Representative Franks, for what reason do you rise?"
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates she will."
"Thank you. Representative, I… I understand what you're trying to do and I agree with it. My question is, doesn't the Auditor General already have the ability to follow up to determine whether the requests were implemented without requiring another full audit?"
"Oh, yeah. This is definitely not an audit. This actually puts the obligation on the RTA to provide a report to the Auditor General on how various parts of both his report, initial report and our law are being implemented. This… the onus here is all on the RTA."
"Oh, then maybe our analysis is incorrect, because the first line says, 'it directs the Auditor General to conduct a follow-up audit of RTA and CTA."
"Oh. Well, that's definitely wrong. Yeah. We don't have the time. We can't actually even afford that."
"That… that was my question. So, there's not another audit here."
"No. This is just the report on how… on implementation that should be underway, we hope."
"All right. Thank you for clarifying that."
"Yeah. Thank you."
"Seeing no further questions, the question is, 'Shall the House pass House Resolution 1596?' All those in 09500294.doc 84 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 110 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received… this Resolution, having received the Constitutional Majority, is hereby declared passed. Representative Moffitt, we have House Resolution 1597. Read the Resolution, Mr. Clerk."
"House Resolution 1597 urges Amtrak to perform an analysis to determine the benefits to reopening the Amtrak Galesburg crew base."
"This…"
"From Knox, Representative Moffitt."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Resolution 1597, as indicated, would ask Amtrak to provide IDOT with a cost and operational analysis. Into the year 2000, some jobs were moved out of Illinois and… thirty-five (35), in fact, out of state and this would ask for the cost analysis. We think that, actually, it would save money and improve service and bring jobs back, if this analysis was done. This is a… the United Transportation Union suggested this and as we look at the situation, the State of Illinois's the oldest partner with Amtrak on state-sponsored intercity passenger rail service in the nation. We provide 28.7 million (28,700,000) in payments to Amtrak to provide citizens with better service. And we just think this study, actually, could show that bringing those crews back to Illinois, 09500294.doc 85 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 there was a crew based in Galesburg, and it could be very beneficial. Be happy to entertain any questions."
"Seeing no questions, the question is, 'Shall the House pass House Resolution 1597?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 110 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby passed. The Resolution is hereby passed. On the Order of Resolutions, we have SJR78. Representative Watson. Read the Resolution, Mr. Clerk."
"Senate Joint Resolution 78 designates the portion of Illinois Route 100 residing in Calhoun County as the Brian Gibbons Memorial Highway."
Speaker Turner: "The Gentleman from Morgan, Representative Watson."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Brian Gibbons was a Deputy Sheriff who was killed in the line of duty when he was hit by a drunk driver. I would appreciate any support in this memorium. Thank you."
"Seeing no further questions, the question is, 'Shall the House pass SJR78?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On that question, there are 110 voting 'aye', 0 'noes', 0 'presents'. And the House does pass SJR78. And having received the Constitutional requirement, it is now declared passed. 09500294.doc 86 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 Representative Hamos, on page 3 of the Calendar, we have Senate Bill-Third Reading, Senate Bill 2085. Read the Bill, Mr. Clerk."
"Senate Bill 2085, a Bill for an Act concerning local government. Third Reading of this Senate Bill."
"The Lady from Cook, Representative Hamos."
"Thank you, Speaker. Ladies and Gentlemen, this is an initiative of the Illinois Municipal League. Last year the Municipal League passed a law that… passed a Bill that amended the Municipal Code that had to do with filling vacancies for municipalities under five hundred thousand (500,000). There was a drafting error. This is simply a technical correction. And I seek an 'aye' vote."
"Seeing no further questions, the question is, 'Shall the House pass Senate Bill 2085?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 109 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Clerk, Rules Report."
Clerk Bolin: "Representative Currie, Chairperson from the Committee on Rules, to which the following legislative measures and/or Joint Action Motion were referred, action taken on November 20, 2008, reported the same back with the following recommendation/s: 'direct floor consideration' for Floor Amendment #4 to House Bill 3889; and 'recommends be adopted' for Motions to Concur in Amendments 1 and 2 for 09500294.doc 87 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 House Bill 4758; and 'recommends be adopted', Motions to Concur for Senate Amendments 1, 2 and 3 for House Bill 5151."
"Is Representative Colvin in the House? On page 2 of the Calendar, we have House Bill 3889, Representative Colvin. Read the Bill, Mr. Clerk."
"House Bill 3889, the Bill's been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendments 2, 3 and 4 have been approved for consideration. Floor Amendment #2 is offered by Representative Hannig."
Speaker Turner: "The Gentleman from Cook, Representative Colvin. No, I'm sorry. Amendment #2 is Representative Hannig or now it's Colvin. Representative Colvin on Amendment #2. The Gentleman wishes…"
"Mr. Speaker…"
"Yes."
"…we'd like to withdraw Amendment #2."
Speaker Turner: "The Gentleman requests that we withdraw Amendment #2. Further Amendments, Mr. Clerk?"
"Floor Amendment #3, offered by Representative Hannig…"
"…has been approved for consideration."
"Representative Colvin."
"We're going to… Mr. Speaker, we'd like to withdraw Amendment #3, as well."
Speaker Turner: "The Gentleman requests the withdrawal of Amendment #3. Further Amendments, Mr. Clerk?" 09500294.doc 88 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Floor Amendment #4, offered by Representative Colvin, has been approved for consideration."
"Represent…"
"Thank…"
"Representative Colvin on Amendment #4."
"Thank you, Mr. Speaker. Amendment #4 becomes the Bill and it deals with substantives in a supplemental appropriations Bill that deals with the restoriz… restoriza… restoration of several programs from the Department of Transportation, the Capital Development Board, the Department of Commerce and Economic Opportunity and the Department of Healthcare and Family Services. I'd like to go through each one individually starting with the Department of Transportation. This is a supplemental Bill… this is a line item for thirty-three million five hundred thousand dollars ($33,500,000) for additional road salt purchases dealing with the increase of road salt that has been experienced nationwide. In addition, there is a seven hundred and forty-seven thousand dollar ($747,000) transfer between personal services and retirement lines to accommodate day labor. These are the funds that IDOT, when they are in the process of a road building project or other road projects in the State of Illinois, these are the funds that they use to access day labor when they call the union halls to hire additional personnel to work on road projects. In addition, the Capital Development Board transfers funds from the revolving fund to the bond fund due to a lack of cash flow. This is a budget neutral initiative. There is no impact in terms of dollars. The 09500294.doc 89 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 Department of Commerce and Economic Opportunity, this deals with several job training grants and programs, starting with a five million dollar ($5,000,000) they're transfer from the Digital Divide Elimination Infrastructure Fund to the FY09 Budget Relief Fund. In addition, the Bill restores 3.125 million dollars ($3,125,000) from the GRF to DCEO for the Employment Opportunities Grant Program, another six hundred and ninety-six thousand (696,000) from GRF to DCEO for Job Training and Economic Development Grants which is typically known as JTED, another two million dollars ($2,000,000) from the FY09… FY09 Budget Relief Fund to DCEO for the Rural HealthNet. These are the health clinics in rural parts of the State of Illinois. An additional three million dollars ($3,000,000) from the FY09 Budget Relief Fund to HFS for health information ex… for the health initiative exchange initiative. And finally, there is a six million two hundred and forty-six thousand dollars ($6,246,000) from GRF we transfer and to restore the funds to DCEO to continue the funding of the ETIP Program, the Employment Training and Initiative Program. Lastly, is the Department of Healthcare and Family Services. Theirs is a forty million dollar ($40,000,000) from the Tobacco Settlement Recovery Fund from… to HFS for one-time catastrophic relief payments to Illinois hospitals. I ask for the Amendment to be adopted, please."
Speaker Turner: "The Gentleman from McHenry, Representative Franks, for what reason do you rise?"
"Thank you, Mr. Speaker. Will the Sponsor yield? Or should we wait 'til he… 'til he passes the Amendment and 09500294.doc 90 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 then I can ask him questions on the Bill. However the Chair wants to go forward."
"Let's adopt the Amendment and then you can ask questions on Third."
"Okay."
"The Gentleman from Vermilion, Representative Black."
"Thank you very much, Mr. Speaker…"
"Could we also adopt the Amendment and then you ask the question?"
"Let me have an inquiry of the Chair."
"State your inquiry."
"I have a parliamentary inquiry. I'll defer to the Chair. I can either make it now or I can make it after the Amendment is adopted, however the Chair would prefer that that be handled."
"We adopt the Amendment and then you make an inquiry."
"All right. That's fine."
"Okay."
"All right."
"Seeing no further questions, the question is, 'Shall the House adopt Amendment #4 to House Bill 3889?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment's adopted. Further Amendments, Mr. Clerk?"
"No further Amendments. No Motions filed." 09500294.doc 91 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Third Reading. And read… read the Bill, Mr. Clerk."
Clerk Bolin: "House Bill 3889, a Bill for an Act making appropriations. Third Reading of this House Bill."
"The Gentleman from Vermilion, Representative Black, for what reason do you rise?"
"Yes. Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. This Bill, as embodied as in Amendment #4, has seven (7) distinct appropriation items. I would ask the Chair, under a parliamentary inquiry, pursuant to House Rule 64 that we be allowed to divide the question and vote on each appropriation measure separately."
"Representative Black…"
"Yes, Sir."
"…we will let the parliamentarian give you the ruling."
"Thank you."
"Representative Black, on behalf of the Speaker in response to your inquiry, a Bill cannot be divided, no matter how many parts it may have. The Bill itself cannot be divided into parts. So, the rule is not applicable."
"Question of the parliamentarian. I understand the Bill cannot be divided, but we have combined seven (7) appropriation line items into this Bill. That's why I asked the question before you adopted the Amendment. And I won't pursue an argument with you, Mr. Parliamentarian, but it would seem that in the interest of transparency that it 09500294.doc 92 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 would be permissible in this case since there are seven (7) separate appropriation line items, totaling more than ninety million dollars ($90,000,000) that it would only make legislative, if not parliamentary, sense that we could vote on each appropriation item separately. And the reason that we… you say we cannot… what would that… if one were to not pass, that destroys the integrity of the Bill or… I'm trying to figure out why we couldn't do that."
Parliamentarian Ellis: "Representative, the Bill on Third Reading can only receive one vote. It can't be split into pieces and get multiple votes."
"Okay. All right. That's why I made my inquiry before the Amendment was adopted. I'll… I'll take that under advisement. Thank you for your indulgence."
Speaker Turner: "The Gentleman from McHenry, Representative Franks, for what reason do you rise?"
"I was… Has the Amendment been adopted yet 'cause I wanted to ask some questions?"
"The Bill is now on Third Reading, absolutely."
"Well, then, will the Sponsor yield?"
"Indicates he will."
"Thank you. Representative, I wanted to talk to you and ask questions about the rock salt provision of… of this Bill. It's my understanding that the price of rock salt has gone up a lot and the… and there's an appropriation here for thirty-three and a half million dollars ($33,500,000). Now, is that additional funds or are we just allowing the Department of Transportation to move 09500294.doc 93 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 around their line items in order to get to that thirty- three, five (33,500,000)?"
"Thanks for the question, Representative. Well, what this is, in specific, is an additional appropriation from the Road Fund. Okay."
"And… and where would this money be coming from? Is this from GRF?"
"No. From the Illinois Road Fund."
"Okay. So, it's from the Road Fund and it's being… and we already have appropriated that money. It's moving that money from the Road Fund for the rock salt."
"That's correct. It's an additional appropriation out of the Road Fund."
"Okay. Has anyone talked to find out how this debacle occurred with the cost of the… of the salt… of the rock salt? Has… Have we talked to them about this?"
"Yes. Representative, I know personally as a Member of the Appropriations for Public Safety and IDOT budget. We have spoken with them. They have indicated as a result of market conditions, I don't have the specifics right here in front of me, but a large and large part, as a result of market conditions, they are paying more for rock salt this salting season. As a result, they felt it was necessary to ask for this additional appropriation from the Road Fund in preparation for the typical Midwestern winter season."
"Well, it's certainly a question of public safety and we need to have the rock salt, but I don't think the explanation goes far enough and I'm going to talk to that. I think we need to look into this very closely, Ladies and 09500294.doc 94 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 Gentlemen. This is a thirty-three and a half million dollar ($33,500,000) mistake and I think the mistake was done by the Governor's Office through the Central Management Services when it comes to purchasing. There was no sense of urgency after last year's harsh winter. We had not put this out for bid in a timely basis, as a result, on the request for proposals, we did not get, in many areas, even a response. The way CMS set this contract up certain counties were not given any rock salt whatsoever. Lake and McHenry Counties, for instance, weren't given any rock salt. Some counties were paying, and these are contiguous counties, some counties were paying ten (10) times more than other counties that they were contiguous to where the salt was delivered at the same area… the same base. So, what we have here is a massive mistake by Central Management Services that they're now asking the citizens to pay thirty-three and a half million dollars ($33,500,000) because they can't do their job. And I think that we need to come forward and have a Resolution drafted to have a… an audit done on this and I'd like to see CMS suspended from purchasing rock salt and give it to IDOT, because IDOT knows what they're doing when it comes to this. They're the ones who are using the product; they're the ones who are invested in purchasing this. Now, we have to vote for this obviously because it's a question of public safety, but we can't let this go. We have to make sure this is followed up on. We have to make sure that the people who made those mistakes are held accountable, like they would be in a private sector. Because this is unconscionable 09500294.doc 95 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 what they're doing to the state and the citizens of Illinois and I want to get to the bottom of this. And I hope that, Representative Colvin, you'll work with me on that. I want to have a Resolution drafted to get this done, because we cannot allow the squandering of our tax dollars to be continually done by this administration."
"The Lady from Cook, Representative Mulligan, for what reason do you rise?"
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"Representative, how much total is in this Bill? Is it a certain amount or is it abstract?"
"One moment, Representative."
"You know, if it takes the full 5 minutes, I'm going to want them back again, just so you know."
"Just under nine… just under ten million dollars ($10,000,000) in GRF and… and an additional thirty-three, five (33,500,000) from the Road Fund. That's the rock salt money. And the forty million (40,000,000) out of the Tobacco Settlement."
"Okay. And this pops right out to the House Floor, right, didn't go to committee?"
"That's correct. We're considering the Amendment right here on the floor."
"So, a little eighty-five or eighty-nine million dollar ($85,000,000 or $89,000,000) Bill is now an inconsequential Bill that pops right out of Rules and goes right to the floor without any discussion. Is that the new policy?" 09500294.doc 96 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Well, I think we're kind of discussing it now, but…"
"These discussions are never really good when they're on the floor like this. I'd be curious to know who's getting the money for the job training program that's getting money in here?"
"Well…"
"The DCEO Employment Grant Program."
"Those dollars are determined by grant through application processes at DCEO."
"So, we really wouldn't need to do it if there's no grants applied, but obviously, people have applied for grants and they haven't gotten them. And you would know who they would be from, particularly if we went to committee and discussed it we would have an idea. The forty million (40,000,000) that they're taking from the Tobacco Settlement Fund, when the hospital money comes in are we going to replace that?"
"Could you repeat that?"
"The forty million (40,000,000) that's coming out of the Tobacco Settlement that's to go to hospitals when the hospital money is approved or comes back in, are you going to replace that in the Tobacco Fund?"
"No, that's not correct. This is in addition to anything that they would get from the hospitals."
"So, this is an extra forty million (40,000,000) that we're passing out without a discussion in committee?"
"That's correct. The discussion we're having here today." 09500294.doc 97 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"And could you break that down for the individual hospitals for me?"
"This will be at the discretion of the department, based on catastrophic need for some of the most vulnerable hospitals around the State of Illinois, provided that they meet certain criterias that the department has set out."
"I understand that. I asked which hospitals and for how much and is it going to come through JCAR to be distributed?"
"No. It is going to be… it is up to the department. No, it's not going to be done through JCAR."
"I can't believe that with the re… the reasoning behind this money that it's going to the department. There must be some designation somewhere for this."
"There are limitations that are listed in the Bill and again, it is up to the department to… that will set out that criteria for those hospitals that would benefit from that forty million dollars ($40,000,000) and how much each hospital would receive."
"You know, with the state's… the trouble the state's having with the budget and not being able to pay the Medicaid bills…"
"I can't… I can't hear you."
"With the trouble the state is having and not being able to pay its Medicaid bills and there is no cash flow, why would we start doing piecemeal replacements of money like this, not sending it through committee and not having a discussion where money should be going as opposed to just pulling this out of your hat without even going to 09500294.doc 98 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 committee, kicking it out to the floor. You know, I think people should start figuring out when they vote for Leader and they vote for Rules when the new Session starts, how we operate here. We operate that individual Members have no way…"
"…your remarks to a close."
"Individual Members have no control over this and obviously, if it doesn't go to committee, you're pretty much whatever the Leader decides, whatever you push out there, whatever happens, no matter what's going on around the state, no one has control over. Half the time staff can't even give you an answer on what's in the Bill and you put it out in an Amendment that goes directly to the floor in Veto Session that is eighty-plus million dollars when in the last two (2) weeks the amount we owe on Medicaid bills went up one-quarter billion dollars ($250,000,000) and providers aren't being paid. I think this is a really bad way of doing it and it certainly doesn't do a spreadsheet out of where we should be spending our money or where it's going."
"The Gentleman from Vermilion, Representative Black, for what reason do you rise?"
"Thank you very much, Speaker. Excuse me. I just dropped the phone and it hit me on the foot and it hurt. Mr. Speaker, will the Sponsor yield? Representative, I apologize, I've been on the… I've had to take a couple of calls from a reporter. Let me ask you about the Road Fund transfer. The Road Fund transfer is thirty-four million (34,000,000). Is that correct?" 09500294.doc 99 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Thirty-three million, five hundred thousand (33,500,000)."
"Thirty-three million (33,000,000) and that is to alleviate some of the road salt shortage, correct?"
"It's all salt, yep."
"Is there… is there not also five hundred and fifteen thousand dollars ($515,000) in that appropriation for jet fuel, aviation fuel?"
"No. This is… in this appropriation line item, it is entirely rock salt."
"So, we're not trying to put five hundred and fifteen thousand dollars ($515,000) in here to keep Air Illinois flying, correct?"
"No."
"Okay."
"That was not considered and was not included in this appropriation."
"Okay. Now, the Road Fund money is not money we could use for anything else, correct? So, that's not a gross ex… I mean, a… it's not money we could use for Human Services, correct?"
"Could…"
"Road Fund money is for Road Fund purposes, right?"
"That's correct."
"Okay. I don't have any problem with that part of it, but let me ask you about some of the others. The forty million dollars ($40,000,000) for high medical… high Medicaid volume hospitals, the Training and Economic Development Grant Program, Employees Opportunity Grant, 09500294.doc 100 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 Employer Training Init… Investment, health information exchange, Illinois Rural Health."
"Yeah."
"These are all very important issues in my district, but they all come out of General Revenue Funds. Where's the money?"
"The forty million (40,000,000)… first of all, if you separate the two (2) items, the forty million (40,000,000) does not come out of the General Revenue Fund, but… and I would agree with you, as I don't think anyone here would disagree with both of us that we are in very difficult economic times and as a result, I think, we have to be at any point in our country's history when we faced these type of economic conditions and we have to be aggressive in terms of our pursuit and getting to a better place in our economy. And I don't think anyone would disagree that the number one indicator in terms of turning our economy and what we can do to turn it is jobs, creation of jobs, employment and training individuals. Representative, it's my intention, it's my hope that in the new General Assembly we will seriously consider a capital Bill and I think if we do that, these job training programs will become a very integral part of putting people to work. The ETIP program, in particular, deals with the retraining of very highly skilled jobs. And to let a program like that go by the wayside at a time when our economy is in the period of reinventing itself, in addition to a capital Bill, it's imperative that we fund these type of job training programs 09500294.doc 101 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 and it would be unconscionable to do one without the other."
"Representative, I… I don't fundamentally disagree with you. I would… I would differ from you. I don't think we can honestly call this a jobs program. We have a jobs program in public K-12 education. We have a jobs program in higher education. We are not funding that currently and I'm… I'm not… I'm just not Pollyanna. I don't know what some of my school districts are going to do in sixty (60) days because of no transportation expense. I don't know… We're getting calls from Medicaid patients who can no longer get their prescriptions filled because we're not paying the corner drugstore and we don't have any answers. And yet, you're taking approximately sixteen and a…"
Speaker Turner: "Bring your remarks to a close, Representative."
"Thank you, Mr. Speaker. I'll attempt to do that as quickly as possible. Ladies and Gentlemen, in any normal operating procedure, I… and I have no problem with the rock salt money, but let me tell you, on page 12 of the Bill, there are aviation expenses in this supplemental. Now, to me, if that's true, then it is the height of asininity to put more money into Air Illinois at this time in our history. Ladies and Gentlemen, these programs are important to my district, I'm a rural district. I have never voted against some of these and the Road Fund transfer, I could do that, but we can't separate it. This is the oldest political gimmick in the world, log rolling. Put enough good things in a Bill and you'll overlook the 09500294.doc 102 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 bad things so you can vote for the good things. Well, I'm going to go home and tell my constituents, I am not going to vote and I did… Thank you, Mr. Speaker. I didn't vote for this supplemental for one simple reason. If I'm wrong, I apologize, but I don't think I am. We do not have seventeen million dollars ($17,000,000) in General Revenue Funds to transfer anywhere for any purpose. We are in the most serious financial crisis in the history of this state. And until we address that on this House Floor, with ideas for cutting expending… cutting our expenditures, I simply cannot go home and look people in the eye who can't get a prescription refilled, who can't pay their school bus drivers, who can't buy diesel fuel for their school busses, who don't know if they're going to be reimbursed. Services for the mentally ill in my district could shut down in sixty (60) days and here we are appropriating millions of dollars that I… we don't have. If there was ever a time to vote 'no' and go back to the drawing board, it's now. In all due respect to the Sponsor and in all due respect to these wonderful programs, I simply feel I have no choice but to vote 'no'."
Speaker Turner: "The Gentleman from Lake, Representative Sullivan, for what reason do you rise?"
"Thank you, Mr. Speaker. To the Bill. I don't have too much more to offer in regard to the debate of this Bill other than earlier in the debate Representative Franks had indicated that we have to have an audit of the CMS procedures in regard to rock salt. I have filed and am still waiting for a response on whether House Resolution 09500294.doc 103 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 1579 will be called this week. House Resolution 1579 does exactly what we want to happen. Why did this problem happen with rock salt? What happened to the procurement process to have such a tragic breakdown where every community is now spending three (3) times… 300 percent more on rock salt than the year before? Hopefully, we can get this resolved and hopefully, this audit can be taken place, but we have to act here and now because come April the whole process will revolve again… or begin again. And if we haven't figured out what went wrong, the potential is this will happen again come April and next summer when we try to figure out what we're going to pay for rock salt. So, as I said, Mr. Speaker, hopefully, we can resolve this and have my Resolution called. Thank you."
"The Gentleman from Crawford, Representative Eddy, for what reason do you rise?"
"Thank you. Mr. Speaker, will the Sponsor yield?"
"Indicates he will."
"Representative, I've sat on the House Floor now through numerous budget appropriation Bills and I've heard the Tobacco Fund mentioned on several occasions. Now, how much money is there in available revenue, sum total, in the Tobacco Fund in a year?"
"Representative, I'm not sure the total amount, but I am positive that there is enough in the fund to cover this appropriation… this line item."
"Well, I… I… maybe the twenty million (20,000,000) or forty million (40,000,000), but here there's two hundred and seventy-five million dollars ($275,000,000) in that 09500294.doc 104 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 fund for revenue in a year according to our figures. So far, we have appropriated from that fund five hundred and eighty million dollars ($580,000,000). How in the world can you turn two hundred and seventy-five million dollars ($275,000,000) into five hundred and eighty (580,000,000) and then add twenty (20,000,000) more to it? That's some kind of new math that I… I don't get. That's the problem. We apply this crazy new math to the budget and we expect dollars just to show up. The… the Tobacco Fund is not capable of multiplying itself; it's just not capable. We can't spend that money time after time after time after time. There has to be a way to add it up to a total amount. Now, I… I don't have a problem with the fact that we have a crisis regarding road salt costs and we need to use General Revenue Funds to… to pay for that. But this is designed to put everybody here in some kind of a trick box, so that if you don't vote for the Road Fund salt, you know, or for the… the hospital transfer money and you don't vote for the Employer Training Investment Programs, you're not voting for the rock salt. Why don't we do what would be reasonable and prudent and show some budgetary discipline and take these items one at a time as Representative Black attempted to do. You know, then we would be beginning, we would be at the infant stages of being a responsible General Assembly as it pertains to budgets. That's how you do a budget. You don't do a budget by just throwing money out there that doesn't exist and then having people expect that they're going to be able to pay teachers or hire nurses or pay for programs and the money is invisible. 09500294.doc 105 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 This is… this is more of the same kind of irresponsible budgeteering that got us in the mess that we're in. Ladies and Gentlemen of the House, vote 'no' on this and let's trim this back. I got to tell you, the original amount of money… the original amount of money in this appropriation was forty-three million dollars ($43,000,000). Overnight… overnight, it becomes eighty-nine million dollars ($89,000,000). That's some kind of fertilizer that was put on this. We can't keep doing this. Don't we get it? We're fiddling while Rome burns. We have a job here. We should be getting serious; we shouldn't be doing this silliness: adding numbers that aren't real, putting ourselves in a position where we're not really voting on what's real. Let's do this right. Vote 'no'. Let's bring an appropriations Bill out here that spends money we have on programs like the IDOT road salt and stop this silliness. It's time for this General Assembly to get serious and responsible."
"The Lady from DuPage, Representative Bellock, for what reason do you rise?"
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"I'd like to ask a question regarding the high volume Medicaid hospitals. Is that regard because I'm getting phone calls every week from St. Anthony's Hospital, the safety net hospitals in the city, who are not getting their money. Now, those hospitals are on what they call an expedited list that are supposed be paid every week. I 09500294.doc 106 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 don't know if that's the same thing as what you call a high volume hospital. Is it?"
"I'm looking here on a list where St. Anthony's would definitely qualify. They're on the list here. It doesn't guaran… I'm not saying that they would receive money, but they are on the list of hospitals that are eligible for this appropriation. I also would like to address the fact that the numbers that we have say that there are more than eighty million dollars ($80,000,000) available in the Tobacco Settlement Fund. We're only taking twenty million dollars ($20,000,000) from there. The other twenty million dollars ($20,000,000) would come from the federal match. But to answer your specific question, St. Anthony's is on that list of hospitals that the department has deemed eligible to receive funds."
"Well, we've asked that question over and over again regarding the Tobacco Settlement Funds. I brought that up last year when we were looking for money to settle some of these issues and I don't know where that money has gone from from the Circuit Breaker Fund because the majority of people say that money is still going towards the Circuit Breaker and we don't have it to give to anything else. So, are you still funding the Circuit Breaker or are you taking part of this money from the Circuit Breaker Fund?"
"No, Ma'am. HFS's cash flow at the end of the year said that we would have eighty million dollars ($80,000,000) clash flow… cash flow at the end of the year." 09500294.doc 107 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"That was not being used from the Tobacco Settlement Funds?"
"We don't necessarily agree with them either on that particular point, I'd like to point that out. But we felt comfortable with the twenty million dollars ($20,000,000) of the proposed… of the alleged eighty million dollars ($80,000,000) that was available and that was the number that was given to us. We're asking to, in this appropriation, for one-quarter of that."
"It's… So, is any of this money going to go towards… my lines on the phone are just ringing off the hook from…"
"I didn't hear your que… I can't hear your question."
"Is any of this other money going to go to the doctors of the other program for All Kids who now have been cut off of all their funding?"
"No, this is just for the hospitals…"
"This week alone I had three (3) different groups call that are owed over a hundred to five hundred thousand dollars ($100,000 to $500,000) in back payment. Nobody from the government notified them they weren't going to get paid. Eighty percent of the children of this one practice we're just cut out on to the street because nobody from Medicaid is going to continue their payments. Is any of this…"
"Well, I really appreciate that question. I…"
"Is any of this money going to go towards those payments?"
"I…"
"They are expedit… they are similar to these…" 09500294.doc 108 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"I got it…"
"…expedited groups that should be paid ahead of the other groups."
"I appreciate the question, a great concern of mine, as well. But in specific, this money is for those… those vulnerable hospitals to keep them afloat. That's the sole purpose of what we're doing with this appropriation. This is a new program…"
"Thank you very much."
"…so that hospitals will not close. It's… it's critical to their… to the fact that they'll be able to keep their doors open with this forty million dollar ($40,000,000) appropriation."
Speaker Turner: "The Gentleman from Macon, Representative Flider, for what reason do you rise?"
"Question for the Speaker or Sponsor. Yes, Representative, I was looking at the analysis here and in our analysis it doesn't show who supports or who doesn't… who opposes the legislation. But I wanted to clarify something. I was in a meeting this morning of the Manufacturing Caucus and in that meeting it was discussed that there are some very important Amendments that would be included in a Bill that you'd be carrying today, one of which is a very important source of funding for businesses that are involved in training their employees and that this legislation would enable them to get recovery for that, which is like an economic development incentive that helps our businesses. Is that one of the Amendments that's on this legislation?" 09500294.doc 109 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Yes, Sir. And you're talk… in the meeting that you attended with the Illinois Manufacturers' Association in addition to the Illinois cunic… community colleges that access dollars from the ETIP Program, the University of Illinois in their business and industry services program at Champaign. The Tooling and Manufacturing Association, they see this as a grant program that's essential to keeping and fostering a healthy business environment with respect to training of highly skilled… a labor force in the State of Illinois. Representative Flider, I think you and I are seeing this from the same perspective. I think that this is an economic crisis. We can argue from 118 different perspectives as a way to deal with this. This is one… this is one proposal to deal with this. I imagine as we go forward into the new General Assembly they'll be a slew of additional proposals, but I don't think as a state and I think that if we all share the same concern and in specific, that as a state, that we can't play stalemate games and sit on our hands and hope things get better. I think these are the type of programs and initiatives that we need to try to promote to foster growth, to maintain their levels of growth and that our unemployment numbers don't continue to rise."
"Well, thank you for clearing that up because I thought that was very important. So, we are helping our employers train employees to do a good job on the job. This is supported by the business community. I agree with previous speakers. It's a travesty what's happened with the expansion of health care and those providers who are not 09500294.doc 110 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 getting their dollars and that needs to be addressed. And certainly, I've introduced some legislation to do that. The next Session I hope we will continue to do that. But this is a continuation of training program dollars that our employers are asking for… for so that they can continue to do the job that they're doing and reduce their costs and their expenses with the workforce. So, I commend you for carrying these specific Amendments that will help us with our economy and help our businesses grow their businesses. Thank you."
"The Gentleman from Vermilion, Representative Black, for what reason do you rise?"
"Thank you very much, Mr. Speaker. An inquiry of the Chair."
"State your inquiry."
"Mr. Speaker, this is a House Bill originating in the House. Is that correct?"
"That's correct."
"Perhaps I am wrong, but it would appear to me that given the days left on the Calendar, this is an exercise in total futility. It does not have time to go to the Senate, to be read into the record, and voted on. There isn't enough time. Am I incorrect in my views?"
"Well, the Senate moves a lot slower than we do, Representative. So, I wouldn't bet on time with those guys. So, you know, but under normal circumstances in a normal race, I would say yes, but they tend to be a lot slower over there. They don't move at the pace, they have half as many people. So, they may have time." 09500294.doc 111 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Well, they may have time and I may be six foot six, but I'm not and they don't and they won't. What this is is a political Roll Call and that's fine. I'll defend my position, but I do want the Members of this Body to know that this isn't going anywhere. Get your Roll Call, if that's all you care about, but we did just get off the phone with IDOT and somebody doesn't have their message straight. IDOT says there is five hundred and fifteen thousand dollars ($515,000) in the supplemental appropriation for fuel to run the infamous executive air fleet and I think that's just an unmitigated insult that we would do that at a time when we don't pay anybody else the bills that are due and payable. It's a darn shame."
"The Gentleman from Cook, Representative Colvin to close."
"Just to respond to the previous speaker's inquiry."
"The Gentleman from… the Gentleman from…"
"The only line item… the only line item in this… in this appropriation dealing with aeronautics is a line item appropriation for road salt operations at the state… for the… at the state airports. There is no appropriation here for a jet fuel. That's just not part of what's in this appropriation. But Mr. Speaker, I want to thank you for the opportunity to close. I would like to, again, just kind of reiterate on the purpose of doing this with respect to the programs at DCEO. Once again, it can't be overstated of the financial and economic situation our state is facing and it is one-fiftieth of what's happening across this country. But our economy is based on 09500294.doc 112 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 individuals working and these programs speak directly to that one point, getting people prepared to go to work. I read all the press statements like many of you and Members on both sides of the aisle are saying what they hope in the new General Assembly is that we pass a capital Bill. Well, I certainly share that sentiment, but I do believe it would be unconscionable at this point to talk about capital if we're not talking about human capital and we're not talking about people being ready and prepared to go to work. That is what is going to save our country; that is what is going to save our economy. It's important for all of us to be on that one page. As it relates to the hospital assessment, the forty million dollars ($40,000,000), we're talking about hospitals… hospitals solely. I do appreciate the comments about the All Kids programs; we've heard the same stories in the City of Chicago with respect to All Kids and doctors being able to get paid, prescriptions getting filled. These are serious issues. Well, let's discuss them. If you want to do an appropriation for those, I'd be happy to put a 'yes' vote on it. But right now we're talking about hospitals that are perilously close to closing their doors. I think, personally, it would be unconscionable for us to sit here and to do nothing, to let a network hospital, a safety line… a safety network hospital close its doors because we in the General Assembly, who had an opportunity to do something about it, chose to do nothing. These are very important issues. On the issue of the road salt, IDOT has indicated to us that last year they paid forty-four dollars ($44) a ton for road 09500294.doc 113 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 salt. This year they paid seventy-two dollars ($72) a ton for road salt. And the number that they used was based on the usage that they had last year at the forty-four dollar ($44) mark. As it was with gasoline, when these price increases hit us, you have to deal with them, but the one thing you have to do is pay for it. I've heard from some of my colleagues on this side of the aisle that some local governments have paid as much as a hundred and two dollars ($102) for a ton of road salt. It brings tremendous pressure to local budgets and the state budget is no different. So, once again, I would ask and seriously urge everyone to vote 'yes'. Vote to help protect and bolster our economy, help protect to make sure that our road… our roads are salted and safe for our constituents to travel on every day. I mean, it wouldn't make much difference for us sitting here arguing about this and there's four (4) feet of snow on our highways and we have no way to get that snow off of those highways that make our roads dangerous. And lastly, on the hospitals, I would seriously encourage anyone who cares about individuals who become more and more vulnerable every day as more and more people lose their jobs and their health care to vote 'yes' to support the twenty million dollars ($20,000,000)… the twenty million dollars ($20,000,000) and the twenty million dollar ($20,000,000) federal match that would come from the Federal Government for the hospital assessments for those safety net… works. Thank you. I appreciate an 'aye' vote and your indulgence." 09500294.doc 114 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Seeing no further questions, the question is, 'Shall the House pass House Bill 3889?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? This Bill requires 71 votes. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there's 85 voting 'aye', 24 voting 'no', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On Supplemental 2, we have Resolutions. We have House Joint Resolution 135. Representative Mitchell. Read the Resolution, Mr. Clerk."
"House Joint Resolution 135 creates the Illinois Ronald Reagan Centennial Commission to commemorate the 100th birthday of the visionary former President."
"The Gentleman from…" Mitchell, J.: "Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I bring you House Joint Resolution 135 which forms a commission to commemorate the 100th birthday of Ronald Reagan, the only native-born Illinoisan President in history. Ronald Reagan's 100th birthday is coming up and we've put together a commission to help to celebrate that particular birthday. The commission has several areas that they will work on. There is a report back date to the Governor and the General Assembly on or before December 31, 2008. Since this is a Joint Resolution, I'm going to suggest that we amend this. Be happy for your support. Thank you, Mr. Speaker."
"Seeing no further questions, the question is, 'Shall the House adopt House Joint Resolution 135?' All 09500294.doc 115 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Gordon. The Clerk shall take the record. On this question, there are 109 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received… This Resolution, having received the Constitutional Majority, is hereby declared passed. On the Order of Resolutions, we have House Resolution 1276, Representative Ford. Read the Resolution, Mr. Clerk. No, that's on page 5 of the Calendar."
"House Resolution 1276 urges Congress to enact a two-year moratorium on interest to reset… increases under subprime adjustable rate mortgage home loans."
"The Gentleman from Cook, Representative Ford."
"Thank you, Mr. Speakers and Member of the House. After a brutal beating a few hours ago, I feel a little better about this Bill. This Resolution urged the House to vote favorably to ask Congress to put a two-year moratorium on all subprime adjustable rate mortgage loans resets. And I ask for an 'aye' vote."
"Seeing no questions, the question is, 'Shall the House pass House Resolution 1276?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Resolution's pa… adopted. On page 4 of the Calendar, we have Senate Bill 2083. Read the Bill, Mr. Clerk."
"Senate Bill 2083, the Bill's been read a second time, previously. Amendment #1 was adopted in committee. 09500294.doc 116 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 Floor Amendment #2, offered by Representative Hannig, has been approved for consideration."
"The Gentleman from Montgomery, Representative Hannig…"
"Yes. Thank…"
"…on Amendment #2."
"Yes. Thank you, Mr. Speaker and Members of the House. Early on, there was a negotiation that began between the Governor's Office and the four (4) caucuses where we started to look at trying to find a… trying to find a common area that we could designate as the hole in the budget with the purposes, I think, of eventually moving on to a solution. This proposal, this Amendment here, is a proposal that's coming from the Governor's Office that he has suggested that we consider for the purposes of trying to close the budget gap. So, that's what it does. I think that, you know, we could… we could… Oh, excuse me. I think Representative Hoffman needs to be recognized on this."
Speaker Turner: "The Gentleman from Madison, Representative Hoffman, for what reason do you rise?"
"Well, thank you, Mr. Speaker, Ladies and Gentlemen of the House. Representative Hannig is correct. This is a proposal from the Governor regarding a way to address some of our budgetary problems and budgetary crisis we see coming on the horizon. However, over the last few days, we've talked to many Members as well as people on the other side of the aisle as well as people in Leadership regarding this issue. There have been several suggestions that have 09500294.doc 117 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 been made in order to clean up this… the Bill in order to make some changes to the Bill, in order to amend out some of the over… across the board authority. And we, in talking to the Governor's Office and other Leaders, have indicated a willingness to work together to try and address the economic situation in this state. So, having said that, we intend to… I'm asking Mr. Hannig, Representative Hannig, to take this out of the record for the purpose of us working together as a team to come to some solution addressing this budget problem long-term."
"The Gentleman from Montgomery, Representative Hannig."
"Thank you, Mr. Speaker. I support the idea of working as a team to try to solve this budget problem and I'll take the Bill out of the record."
"Thank God for change. The Gentleman asks leave to take the Bill out of the record. On Supplemental Calendar, we have… Supplemental Calendar #2, we have Senate Bill 801, Representative Mautino. Read the Bill, Mr. Clerk."
"Senate Bill…"
"Representative Mautino… Hold on."
"Senate Bill 801 is on the Order of Senate Bills- Third Reading."
"Actually, we're going to move to page 6 of the Calendar and he's asking for a Motion to reconsider on Senate Bill 801. Representative Mautino."
"Thank you, Speaker. I would ask… I filed a Motion to reconsider on this legislation. It has passed 09500294.doc 118 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 previously out of this… this General Assembly on a vote of 114 to 0. We realized at that time that we needed an Amendment, so I asked to put a Motion to reconsider to hold it here so we could have the Amendment. It is now ready. I'd like a vote on the Motion to reconsider, then I would like to take it from Third to Second, put on the Amendment, and then come back up and take a vote."
Speaker Turner: "So, the question is, 'Will the House reconsider…' The question is, 'Shall the House reconsider the vote for Senate Bill 801?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 110 voting 'aye', 0 'noes', 0 'presents'. And the Motion to reconsider prevails. Mr. Clerk, Senate Bill 801. Will you move that Bill back to Second. And then read the Bill, Mr. Clerk."
"Senate Bill 801, the Bill's been read a second time, previously. Floor Amendment #4, offered by Representative Mautino, has been approved for consideration."
Speaker Turner: "The Gentleman from Bureau, Representative Mautino on Floor Amendment #4."
"Thank you for the consideration, Mr. Speaker. The… the Bill, as at sits, needs to be amended. As I said, it came over unanimous from the Senate, passed out of here with 114 votes. At that time, we realized that there were some changes. In the Senate Amendment or in the Floor Amendment #4, it adds the kinder and gentler Rules 09500294.doc 119 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 language, it moves the effective date back to 2010 for implementation. And what the Bill does is it amends the Tax Act by adding new definitions and prescribes new criminal penalties for violations under the Act dealing with contraband cigarettes. I… It changes some of the requirements for licensure, explains who can and who cannot distribute the cigarettes and the stamps. In addition to that, we also had to put it into the… to the Cigarette Use Tax, so that it would be applied equally and correspond with the changes that we've made in the Act itself. There are a number of changes I'd be willing to discuss either now or on Third Reading. And I ask for adoption of the Amendment."
"Seeing no questions, the question is, 'Shall the House adopt Amendment #4 to Senate Bill 801?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment's adopted. Further Amendments, Mr. Clerk?"
"No further Amendments. No Motions filed."
"Third Reading. Read the Bill, Mr. Clerk."
"Senate Bill 801, a Bill for an Act concerning revenue. The Bill's been read a third time, previously."
"The Gentleman from Mautino… the Gentleman from Bureau, Representative Mautino."
"Yeah. They haven't renamed the county for me, but thank you for your…"
"Keep working on it." 09500294.doc 120 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"…kind thoughts, Mr. Speaker. The Bills allows only licensed distributors and out-of-state manufacturers to hold permits to receive unstamped packs of cigarettes. While distributors are currently licensed, there's no mechanism currently in place to provide permits to the out- of-state manufacturers. Only the licensed distributors and permit holding out-of-state manufacturers can affix the stamp to the unstamped packs. And even if the cigarettes are not subject to tax imposed under the Act, all have to be stamped and indicate whether they are. The Amendment that we put on took out the civil penalties that were in it and added in the… while you're applying for your license status, you falsify something, you commit the act of perjury. There are a number of other provisions I'd be happy to go through with anyone who has questions on it. There will most likely be a trailer Bill to this, as well, to resolve some of the implementation questions from the Department of Revenue and therefore, we have moved the effective date back to 2010."
"The Gentleman from Vermilion, Representative Black, for what reason do you rise?"
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. Several people have come up and asked me if this is a cigarette tax increase. No, it is not. This is a good Bill. It is a potential piece of legislation that has the potential of getting the state additional money where the Sponsor is going after people who try to escape paying the Illinois cigarette tax, particularly importers or offshore. It's a… California 09500294.doc 121 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 did this and received millions upon millions of dollars from people who were trying to evade the tax. It's a good Bill. It's worthy of support. I urge you to vote 'aye'."
"Being no further questions, the question is, 'Shall the House pass Senate Bill 801?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 110 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Supplemental Calendar #2, on the Order of Concurrences, we have House Bill 4622. The Gentleman from Cook, Representative Davis." Davis, W.: "Thank you… There we go. Thank you, Mr. Speaker. I ask for… I ask that the House move to nonconcur with Senate Amendments 1 and 2 with House Bill 4622."
"Seeing no questions, the question is, 'Shall the House nonconcur with Senate Amendments 1 and 2 to House Bill 4622?' All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the House does nonconcur with Senate Amendments 1 and 2 to House Bill 4622. Mr. Clerk, a Rules Report."
Clerk Bolin: "Representative Currie, Chairperson from the Committee on Rules, to which the following measures were referred, action taken on November 20, 2008, reported the same back with the following recommendation/s: 'recommends be adopted' Motion to Concur with Senate Amendment #1 for House Bill 4613." 09500294.doc 122 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"You're under Supplemental #3, we have House Bill 5151, Representative Hannig. Read the… read the Bill, Mr. Clerk."
"Yes. Thank you, Mr. Speaker and Members of the House. I would move that the House concur in Senate Amendments #1, 2 and 3 to House Bill 5151. This is a supplemental appropriations that has come over from the Senate. It does a number of things. First of all, it transfers money within the Department of Transportation for the purposes of making payments from the personal service line for individuals who are hired by the department on a part-time basis, as needed basis. It deals with the rock salt issue as we debated in an earlier Bill. It deals with a shortfall at the Capital Development Board. It just makes some transfers, some neutral transfers and it deals with the Tobacco Settlement money and the hospitals… the hospitals in the State of Illinois who have a disproportionate number of Medicaid patients, so that they can be paid on a timely basis. So, that's what it does and I'd be happy to answer any questions and ask for your 'yes' vote."
"The Gentleman from Vermilion, Representative Black, for what reason do you rise?"
"Thank you very much, Mr. Speaker. Parliamentary inquiry."
"State your inquiry."
"Thank you. Pursuant to the applicable House Rule I ask again the question, this time prior to the Amendment being passed, I would ask under the applicable House Rule we be 09500294.doc 123 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 allowed to vote on the two (2) appropriation Bills in this Bill separately, divide the question. Oh, I'm sorry. It's a Motion to Concur. That makes my request null and void. I'll withdraw it."
"The Lady from Cook, Representative Mulligan, for what reason do you rise?"
"Thank you, Mr. Speaker. I think I'll wait 'til we put the Amendments on. You're going to put the Amendments on and then go to the Bill, correct?"
"Correct."
"I think I'll wait 'til you put…"
"No, no, no. This is a Motion to Concur."
"Oh, all right. So, will the speak… I'm trying to think of a way to say it. Will the Gentleman allow me to ask him a question?"
"He will answer it."
"So, Representative Hannig, a little bit of salt here, a little bit of salt there. Which is the real Bill?"
"Well, Representative, there's… there's some differences in the two (2) Bills. Obviously, one was a House Bill in the House. It has some opportunity now to move to the Senate. This is a concurrence. This Bill will go to the Governor if we send it off today. And while I think the other one has enough time in the Senate, this one clearly goes to the Governor."
"It's…"
"But it deals with the issues that we talked about in the earlier Bill, but less. It only deals with the rock salt and it deals with the issue of the hospitals that 09500294.doc 124 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 treat Medicaid and it… and it deals with the issue of CDB and that's all."
"So, do you think this is the real Bill that the Governor might sign and that the other Bill was just more ceremonial for the previous Representative or is that Bill in addition to this one so that we have the two (2) sums of money together?"
"Well, Representative, I think there are parts of the Bills that we hope everyone agrees on. And then the House Bill that we sent over had some additional job training money which passed out of here by a huge margin. So I, you know, I hope that both the Bills get to the Governor and he can sign them both. They're just different approaches."
"Don't you think that the budget situation is so bad that perhaps we ought to rework a good portion of it for the second half of the fiscal year as opposed to doing all this. I know you seemed to be loath to give the Governor that ability, but there must be some way of doing this so that we actually have an adequate way of addressing…"
"And so…"
"…the most pressing needs without doing all of this piecemeal."
"And this… none of this money is General Revenue money that we're drawing from, but I would agree with your general… your general concept that all four (4) caucuses and the Governor's Office ought to try to sit down and see if there's an agreeable way that we could bring this budget into balance."
"So, what's the bottom line here dollarwise?" 09500294.doc 125 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Well, these… these are all… For GRF the answer is zero."
"And where are they com… where's it coming from still dollarwise?"
"Okay. So, we'll have the seven hundred and seventy… seven forty seven, seven hundred and forty-seven thousand dollars ($747,000) to the transfer within IDOT from personal services to, I believe, the contractual line. The road salt money comes out of the Road Fund. They'll be a transfer again within CDB, nonGRF money, and then forty million ($40,000,000) from the Tobacco Settlement money will be made available for some one-time payments to the Medicaid hospitals that have the highest utilization rates."
"So, what will happen to Representative Colvin's Bill?"
"Well, I hope that the Senate passes it on to the Governor and he signs it, as well, but that's really not the question of this Bill."
"I think it's all the dollars added up together."
"Well, some of what Representative Colvin and I am trying to do is the same, but he also had some additional job training money that we debated for awhile."
"How many hospitals will qualify for the money under your Bill?"
"It's… it's just the highest Medicaid hospital, but I don't have a list. But we're trying to get those hospitals that have the highest Medicaid use in the state and consequently, are most at risk to close. We're trying to 09500294.doc 126 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 get them a one-time payment to help them keep their doors open."
"I don't know how to phrase this exactly. All right. So, how is HFS going to split the forty million (40,000,000) and do you have any… think you have any say in it or do you think it's strictly up to them and how they're going to split it up?"
"We're giving discretion to the agency. We've had some discussions. I think all sides know who these hospitals are and consequently, they'll have to come and make the case to the department as to: number one, the amount of Medicaid patients that they have and number two, the financial difficulties that they face."
"Well, we wouldn't want to turn around and find out that one hospital got forty million (40,000,000) and the others…"
"I don't think that's the intention, Representative, at all."
"I would hope not, but at this stage of the game who knows. All right. I can't see putting the two (2) together. I do think this is a rather poor way of patching up a really bad budget and trying to come to conclusion, it would have been better if you could do this in a little more laid out manner through a committee that actually has some decisions to be made."
"The Gentleman from Vermilion, Representative Black, for what reason do you rise again?"
"Thank you very much, Mr. Speaker. Upon reflection, a parliamentary inquiry of the Chair. We have… we have… we 09500294.doc 127 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 have not adopted any of the Amendments. I would ask, pursuant to House Rule, that we vote on each Amendment separately, a recorded vote on each Amendment and I'm joined by the necessary requisite number of five (5) Members on my side of the aisle to request a record vote on each Amendment dealing with this Bill."
"Representative, your request is in order and it will granted."
"Thank you."
"And we will separate the Amendments out. So, we will do Senate Amendment #1, Representative Hannig."
"Thank… thank you, Mr. Speaker. This simply shelled the Bill. The Senate had an appropriation Bill that was sent over. They shelled the Bill for the purposes of the other two (2) Amendments. So, that's all this Amendment does."
Speaker Turner: "Representative Eddy, the Gentleman from Crawford, for what reason do you rise? The Gentleman… Representative Black."
"On Floor Amendment #1 or excuse me, Senate Amendment #1, Mr. Speaker, I would relinquish my call for a record vote and ask for a voice vote on Amendment #1. Is that permissible?"
"Representative, we'll have to do a Roll Call."
"Okay. That's fine."
"Yeah. So, the question is…"
"It's a good idea."
"So, the question is, 'Shall the House adopt Senate Amendment #1 to House Bill 5151?' All those in 09500294.doc 128 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 110 voting 'aye', 0 'noes', 0 'presents'. And the Amendment passes. Further Amendments, Mr. Clerk, Amendment #2. Representative Hannig, on Amendment #2."
"Yes. Thank you, Mr. Speaker and Members of the House. This issue deals with the rock salt for the Department of Transportation. It deals with the transfer of moneys within the lines for the Department of Transportation. And it deals with transfers of money within lines for the Capital Development Board. So, that's…"
"Gentleman…"
"The rock salt came at the Department of Transportation's request. We're heading into winter. I think we all understand that we have to provide adequate funding to the agency so that they can purchase salt and failure on our part to do so will put them in a position later this winter where they'll simply run out of salt. So, this is an important item. And I'd ask for your 'yes' vote."
"The Gentleman from Vermilion, Representative Black."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. To those people who voted 'no' on House Bill 3889, which was almost an identical Bill but had a few more million dollars in it, that's a political vote. You can throw it away. It'll never be considered by the 09500294.doc 129 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 Senate and most everybody in here knew that. But for the twenty-four (24) people who voted 'no', you may want to pay attention to the next two (2) Amendments. On this Bill, which will go to the Governor after we act on it in the next few minutes. Will the Sponsor yield?"
"Indicates he will."
"Thank you. Representative Hannig, on page 13 of the Amendment there is a line item in the Department of Transportation to be funded out of this supplemental for commodities, an increase from eight hundred and forty-five thousand dollars ($845,000) to one million three hundred and sixty-one thousand dollars ($1,361,000). Would that commodity be aviation fuel for the executive air fleet?"
"I'm ad… I'm advised that that's to salt the runways, Representative, at our capital airport. So…"
"Well, perhaps if you mix salt with a little water and a magic potion it suddenly turns into fuel for the airplanes."
"I'm advised by the staff that it doesn't have anything to do with aviation fuel. It's only salt for the runways."
"Well, if we don't salt the runways, maybe we can ground Air Illinois. Look at the money we could save. Representative, I trust you. You're a man of your word. If you tell me there's no money for aviation fuel in this supplemental, I'm going to believe you."
"That… that's what we were told, Representative."
"All right. And I hope that what you're told is the absolute, unvarnished truth, because I would hate to think I would vote, and I didn't vote for the previous House Bill 09500294.doc 130 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 which was a sham and a charade, get the direct mail ready, send it into my district 2010, I'll deal with that vote. And I'll also deal with this vote. We are utilizing Road Fund money to purchase rock salt."
"Yes."
"No General Revenue funds."
"Pardon me?"
"Correct?"
"Just Road Fund money, that's correct."
"Okay. So, without a substantive change in State Law, for constituents who will call my office, this supplemental in Amendment #2 cannot be used under any circumstances to pay for Medicaid providers, keep state parks open. It can only be used for applicable Road Fund purposes, correct?"
"That's… those are the purpose for which the Road Fund was created."
"And it would take a substantive change in State Law to use Road Fund money for non-Road Fund purposes."
"That's correct."
"All right. Let me ask you one last question and I appreciate your indulgence. If I can remember what the question was. Oh, you've already answered the question. Wait a minute, let me consult with my psychiatrist. I'm sorry, Representative, I was looking at Amendment #3. Let me ask you one last question on the road salt supplemental. Do you know or has anybody officially asked the Illinois Attorney General to look into this sudden spike in road salt prices?" 09500294.doc 131 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"I thought that I had read somewhere, Representative, where she was."
"That's what I thought. And…"
"But I will make a request of the Attorney General…"
"I… I would appreciate that and I'd be glad to join you. And also, I think there were two (2) counties specifically occluded from the road… salt bid. Was that… somebody help me out… was it Lake and McHenry… McHenry?"
"I think… I think there was some counties where no bids were received and that was part of the problem."
"So, the money we're appropriating is to be used only for IDOT purposes for salt? It could not be handed down to townships or counties or municipalities?"
"Yeah. I think that… I think that local governments buy their own salt, Representative. This is for the state."
"Okay. Well, that question came up, because some counties and some townships were not able to buy any road salt and the question has come up to some of us, would they be able… would a unit of government be able, if this passes, to call the Department of Transportation and say, can we buy five (5) tons, ten (10) tons, twenty (20) tons at your price?"
"You know, I don't know the answer to that. I do know that we do that, for example, with police cars. When the State Police buy cars, they give local governments…"
"Okay."
"…an opportunity. So, it could be, but I don't know the answer, Representative, but I think it's a good idea." 09500294.doc 132 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Well, I…"
"And I certainly would work…"
"Perhaps you and I can work…"
"Mmm mmm."
"…and get that answered. Thank you…"
"Mmm mmm."
"…very much for your indulgence, Representative. And Mr. Speaker, I thank you for your indulgence. And Ladies and Gentlemen of the House, this Bill is the one that goes to the Governor…"
"Please finish your remarks."
"All right. Thank you, I will. The other Bill was a sham, that was House Bill 3889, you have your Roll Call, do with it what you will. This Bill is real. This Amendment does not deal with General Revenue Fund; we're not robbing Peter to pay Paul. We're buying rock salt. And I intend to vote 'aye'."
"So, the question is, 'Shall the House pass Senate Amendment… Floor Amendment 2 to House Bill 5151?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Clerk, take the record. There are 110 voting 'aye', 0 'noes', 0 'presents'. And the House does concur in Amendment #2 to House Bill 5151. Further Amendments? Number 3, Representative Hannig."
"Yes. Thank you, Mr. Speaker and Members of the House. Senate Amendment #3 appropriates forty million dollars ($40,000,000) from the Tobacco Settlement Recovery Fund to the Department of Healthcare and Family Services for one- 09500294.doc 133 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 time catastrophic relief payments to Illinois-based hospitals that have Medicaid inpatient utilization rates that are significantly higher than the statewide average or mean. So, that's what it does. It's for those hospitals that I think are most on the edge and I think that it's important that we in this Assembly do everything that we can to keep them open and serving the poor, as they are today. So, I'd ask for your support on this Amendment and I'd be happy to answer any questions."
"The Gentleman from Vermilion, Representative Black."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"Representative, I finally was able to obtain a copy of these hospitals that will be impacted by this Amendment. Do you have a copy?"
"I have a copy of potential hospitals."
"Yes. Well, it's amazing how they suddenly turn up."
"I mean… I mean, we…"
"My list shows there are twenty-nine (29) hospitals eligible to receive this impact aid, correct?"
"I mean, that's… that's… it's possible, Representative. Certainly, it's within the realm of what would be possible. I mean, the department might disqualify some of these if they felt that they… they were in a situation where they weren't on the edge, but I think for the most part these are the hospitals that just by definition probably are in most need of some help because of the yar… large Medicaid…" 09500294.doc 134 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"And…"
"…population that they have."
"Well, you say it's… it's possible. It's possible I may be elected Speaker of the House in January, but I don't think it's very probable, unless the Speaker should choose to retire between now and then and I may change Parties or whatever. But anyway, who determines… of the twenty-nine (29) hospitals on the list, who determines who will get how much money? Is that the Department of…"
"So, the Bill… the Bill…"
"…Human… Health and Family Services?"
"Yes. The Bill spells out a mechanism to select the hospitals…"
"Ah."
"…and then the department will work with them on a payment."
"And will they work with us as a team?"
"I hope so, Representative."
"Surely, you jest. Of the twenty-nine (29) hospitals on the list, eighteen (18) of them are in the City of Chicago. Would that be possible?"
"I'm counting them in my head and it looks like that's probably correct, but that's…"
"I… I think that's possible."
"…that's where… that's where the Medicaid patients are…"
"Yes, yes."
"…and that's where you have hospitals that are on the edge and could close…" 09500294.doc 135 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Yes."
"…if we don't take action."
"Yes. So, General Motors may close if we don't take action, but anything is possible. Of the…"
"And there… and there are…"
"…of the twenty-nine (29) on the list, it appears that three (3) of them might be considered downstate hospitals. Is that… would that be possible?"
"Well, I would… it depends on, I guess, how you would define 'downstate'."
"Well, anything out of Cook."
"So…"
"I see Eldorado, Harrisburg, Olney, oh, there might be five (5), Rockford and Hardin County. Okay. Let me ask you this, of the twenty-nine (29) on the list, would it be possible that one hospital may get up to 80 percent of the full… of the federal and state impact aid?"
"Representative, the intention that we're… and the problem that we're trying to deal with, is that some of the hospitals of the state have a dispro…"
"Representative, we have been granting you the extra time. Representative Eddy yields his time to Representative Black. Representative Black to continue."
"Yes. Thank you very much, Mr. Speaker. I… I appreciate the Sponsor's indulgence. Anything is possible, but the list we have is most likely probable. You'll have to vote… You know, I have no idea how this formula will be devised. I have no idea how the money will be distributed. I also have absolutely no confidence that the state agency 09500294.doc 136 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 will ask me or any of you how this money will be distributed on what formula. If that floats your boat, absolutely, you should vote for it. If it doesn't, it's up to you. Thank you very much."
Speaker Turner: "The Gentleman from McHenry, Representative Franks, for what reason do you rise?"
"Thank you, Mr… thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates he will."
"Representative, I see that we're trying to appropriate forty million dollars ($40,000,000) from the Tobacco Settlement Recovery Fund. Can you tell me how much we have in that fund?"
"Well, after discussions with the agency, they believe that there is forty million dollars ($40,000,000) that will be available. So…"
"I'm sorry. How much?"
"This is a match. This is a match, so you really need twenty million dollars ($20,000,000) and then you'll get the twenty million dollars ($20,000,000) from the… you'll spend forty (40) and twenty (20) comes back. So, you need a net of twenty (20)."
"So, if each…"
"And we believe we have that."
"It'd be a matched twenty (20) from the Federal Government."
"Yes."
"Okay. But my question though is, how much is in the Tobacco Settlement Recovery Fund now?" 09500294.doc 137 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"I'm advised that as of the end of last year there was about eighty million (80,000,000) in the fund. And some of it other may have been committed to projects, but there was eighty million (80,000,000)."
"That was my… that's where I was going. You anticipated my next question because if there was eighty million dollars ($80,000,000) in the Tobacco Settlement Recovery Fund and some of that was allocated for other programs, are there programs now that are not going to be funded as a result?"
"No."
"Okay."
"We talked to the agency. If there was more money in the fund, we could have… we could have extended the number of hospitals or given hospitals that are on the list more money, but this was an amount that we came to that the agency's comfortable with that they can fund."
"Now, which agency is holding the Tobacco Settlement Recovery Fund now?"
"It actually exists over at the Comptroller's Office in an account, a dedicated fund."
"'Cause at one time, years ago, I remember we had a committee that was going to determine how these moneys were going to be spent. And I thought there might have been some constitutional questions because I thought that part of the settlement was that the money had to go for preventive… preventative measures for antismoking programs. Was that ever one of the parameters that this money had to be used for?" 09500294.doc 138 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"I… I think the general thought was that smoking causes… that smoking causes health care problems and that part of what the settlement should be about is dealing with health care issues. Some of those could be smoking preventions, but others could be simply dealing with people on Medicaid who have problems, some of them smoke, some of them don't, but… but it's a health care. We incur a lot of health care costs…"
"Right."
"…on our Medicaid program because people smoke. And this simply will help us deal with some of those costs."
"At one-time, didn't some of this money not go for health care? Wasn't it at one-time used to help plug a hole in our GRF budget?"
"I don't know. I think we've done things with it that are… that are health care related. I'm not sure if we've…"
"Okay."
"We may have, I can't recall, but you could be right."
"So, if we spend this money, if we spend forty million (40,000,000), we will get twenty million dollars ($20,000,000) back and it will re…"
"Because…"
"…and it will reduce the amount that we have to sixty million dollars ($60,000,000) in our Tobacco Settlement Recovery Fund."
"Yes. So, we'll spend forty (40) and we'll… or we'll spend… Yeah. We'll spend forty (40) and we'll get twenty (20) back."
"Yeah." 09500294.doc 139 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"So, we'll have, in effect, reduced our balance by twenty million (20,000,000)."
"So, we'd go down to sixty million dollars ($60,000,000) from eighty (80)."
"Yeah. And then more money will come in at the end of the year."
"And my…"
"And there are probably projects that are obligated against that sixty (60). I don't have the list."
"That's what I was wondering. Is this big enough too? Because if we have the ability to match, are we maximizing the amount of money that we should be with that?"
"Well, I mean, we were looking real hard during the sweeps for money…"
"Yeah."
"…although this maybe wasn't an area to hit, but I think that if there's money in this account that could be used to pay down bills, we should do that. And as we go forward, and perhaps take some additional…"
Speaker Turner: "Could you bring your remarks to a close, Representative?"
"I think that if there's… if there's additional money that's available in this that we're comfortable spending to reduce balance in Medicaid, I'm prepared to do that, Representative."
"Okay. Thank… I appreciate you giving us those answers and we always hear about the access to health care in the State of Illinois and then the Governor comes up with lots of new programs, but the easiest way to increase 09500294.doc 140 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 health care in the State of Illinois is to actually pay our providers. And this is one way of making sure that we have Medicaid providers in the State of Illinois. So, thank you."
"So, the question… Representative Hannig on Amendment #3 to close."
"Yeah. Just… just a brief in clos… Let me make several points. First of all, we've got a number of hospitals in the State of Illinois that provide a very large and disportion… and disproportionate amount of care to poor people. These are Medicaid hospitals. Some of them are getting to be on the edge. I don't think any of us here in this Assembly want any of those hospitals to close. Secondly, I'd simply say, too, that for the second Amendment that dealt with rock salt, the easiest thing that we can do to put this whole thing on the Governor's desk is to pass this Amendment 3. If Amendment 3 fails, it has to go back to the Senate. This Bill doesn't go to the Governor; it goes back to the Senate. So, I think if you really want to help the poor hospitals and if you really want to pass the supplemental for rock salt, you need to vote 'yes' on all of these. And so, I'd ask you to vote 'yes' on Amendment #3, as well."
"So, the question is, 'Shall the House pass… shall the House adopt Amendment #3… concur with Amendment #3 to House Bill 5151?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there 09500294.doc 141 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 are 110 voting 'aye', 0 'noes', 0 'presents'. And the House does concur with Amendment #3 to House Bill 5151. On the Order of Concurrences, on Supplemental Calendar #4, we have House Bill 4613. Representative Burke. Read the Bill, Mr. Clerk."
"A Motion to Concur in Senate Amendment #1 has been approved for consideration."
"Representative Burke on Amendment #1."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I would move to concur with Senate Amendment #1 to House Bill 4613. This matter would be reflective of the language that we passed in House Bill 2747 last Session that received unanimous approval by this Body having to deal with the right to immigration detainees to visit with religious counselors. I'd be happy to answer any questions."
"Seeing no questions, the question is, 'Shall the House concur with Amendment #1 to House Bill 4613?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 110 voting 'aye', 0 'noes', 0 'presents'. And the House does concur with the House… Senate Amendment #1 to House Bill 4613. The Gentleman from Cook, Representative Osterman, for what reason do you rise? Clerk, Agreed Resolutions."
Clerk Bolin: "Agreed Resolutions. House Resolution 1612, offered by Representative Osterman. House Resolution 1613, offered by Representative Osterman. House Resolution 1614, 09500294.doc 142 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 and 1615, offered by Representative Sacia. House Resolution 1616, offered by Representative Tryon. And House Resolution 1617, offered by Representative Tryon. House Resolution 1618, and House Resolution 1619, offered by Representative Tryon. House Resolution 1623, offered by Representative McGuire. House Resolution 1624, offered by Representative Leitch. House Resolution 1625, and 1626, offered by Representative Reboletti. House Resolution 1621… No, correction. House Resolution 1629, offered by Representative Riley."
"Representative Currie moves for the adoption of the Agreed Resolutions. All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Resolutions are adopted. Adjournment Resolution, Mr. Clerk."
Clerk Bolin: "House Joint Resolution 145, offered by Representative Currie. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that when the two Houses adjourn on Thursday, November 20, 2008, the House of Representatives stands adjourned until Monday, January 12, 2009, or until the call of the Speaker; and the Senate stands adjourned until Monday, January 12, 2009, at 12:00 noon, or until the call of the President."
"Members, we are not adjourning at this point. We are… we want to, first of all… The first Order of Business, we'd like to welcome all the newly elected Members to the next GA and if they would raise their hands. 09500294.doc 143 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 You see them walking around with the green nametags. Want to welcome all the new Members to the next GA here today. Representative Currie moves for the adoption of the Adjournment Resolution. All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, is the 'ayes' have it. And the Resolution's adopted. Representative Osterman, the Gentleman from Cook, for what reason do you rise?"
"Just a… a point of… a quick point of personal privilege, Mr. Speaker. You know, I noticed Gary Hannig earlier on the legislation often has as his right hand during budget issues and Representative Feigenholtz on human service issues is Cecelia Hylak-Reinholtz. And Cecelia is going to be moving on to bigger and better things. So, on the Democratic side and throughout the Body, I'd like to all of us give her a round of applause for all her efforts."
"Good luck, Cecelia. The Lady from DuPage."
"Thank you… thank you very much, Mr. Speaker. Would you show me voting 'yes' on House Bill 3889, please?"
"It will so reflect that."
"Thank you."
"There will be a Democratic Caucus immediately in Room 114. Democratic Caucus in… immediately in Room 114. The caucus will be about 30 minutes in Room 114. Democratic Caucus immediately in Room 114 and then we're coming back to the floor after the caucus. The House shall come to order. On Supplemental Calendar #3, we have House 09500294.doc 144 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 Bill 4758, under the Order of Concurrences. Representative Molaro."
"Thank you, Mr. Speaker. There's a… on this particular Motion to Concur, there's good news and bad news. So, I don't know what you want first. Let me give you the bad news. The bad news is we're considering a Bill that we've considered about four (4) or five (5) different times in this chamber, so hopefully we won't have to go through too much talking about it again. So, that's the bad news, 'cause it's a Bill… The good news is, it's my last Bill and the last time in this chamber. So, I… Are you going to applaud now? Yeah, I know, as someone said, yeah, they had a little panting, but… but…"
"Representative, let me turn the timer on. This is your last Bill."
"Yeah, I know. No, you could… no, keep it on. Anyway, to the concurrence Motion. About three (3), four (4) years ago, or three (3) years ago, I can't recall which, we passed the… what's tantamount to an impact fee. Out of twenty (20) states that have horseracing, nineteen (19) states have either passed an impact fee or gave slots to racetracks. We decided on an impact fee because we're still arguing about expansion and how… exactly how we should do it. Maybe next year we'll do it and we don't know that. So, we put a sunset on it and lo and behold, two (2) years later, we didn't get any expansion done and here we are two (2) years later. The sunset was June of 2008. So, all this Bill does is take the same, basically, the same exact language, 3 percent of the riverboats that 09500294.doc 145 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 do over two hundred million dollars ($200,000,000) a year go to the Horse Equity Fund and what it does is it allows our racetracks and our horsemen, which number anywhere from thirty to fifty thousand (30,000 to 50,000) jobs here, to compete with the other states that… which have done what's tantamount to what we're doing here today. So, let me may be clearer. Nineteen (19) out of twenty (20) states have said we need these twenty… twenty, thirty thousand (20,000 to 30,000) jobs. We're doing exactly the same thing other states have done. It'd be better if we get them slots, maybe by next year we will. But this keeps the business viable, the jobs in Illinois and there couldn't be a better time to keep these thirty, forty thousand (30,000-40,000) jobs than right now. As I said, it is the law of Illinois for the last two (2) years. The Supreme Court voted 7 to 0, Republicans, Democrats, downstate, upstate, saying this was totally constitutional and a good Bill. So, all I'm asking is that we have an 'aye' vote and we move forward. Thank you."
"The Gentleman from Williamson, Representative Bradley, for what reason do you rise?" Bradley, J.: "Will the Sponsor yield?"
"Indicates he will." Bradley, J.: "Actually, I have a inquiry of the parliamentarian of the 100 club. If a Member… a current Member, receives the 100 'no' vote club award and then they retire, does the award go with them or does it stay in the chamber or does it revert back to the previous 100 vote winner? Can we get a ruling on that?" 09500294.doc 146 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Representative, I believe that the plaque, the trophy, stays here and if the Gentleman… the Sponsor is retiring, in this particular case we could probably raise the font size on the award…" Bradley, J.: "And…"
"…because I think it's a special award, you know, under special circumstances. So, we…" Bradley, J.: "Can we actually name it after him, you think? Will the Sponsor yield?"
"He indicates he will." Bradley, J.: "Is this a real retirement or we've had some other Members that have retired and unretired and is this really it?"
"I guess, fortunately, for the Body, this is it. I have signed a letter, I didn't run. This is it." Bradley, J.: "So, I think he's having an effect on me. So, anyway, so this is the gambling Bill?"
"No. This is… this doesn't increase gaming, if that's the question, no." Bradley, J.: "So, I intend to maintain my 100 percent voting record against all your Bills."
"Thanks a lot." Bradley, J.: "Continue to vote against every Bill you propose. But in all seriousness, Bob, you have been a pleasure to sit by and a dear friend and I consider you a mentor and a great influence in my life and we're all going to miss you very much."
"Thank you." 09500294.doc 147 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
Speaker Turner: "The Gentleman from McHenry, Representative Tryon, for what reason do you rise?"
"Thank you, Mr. Speaker. I wish to speak to the Bill, if the Sponsor would yield?"
"He indicates he will."
"Representative Molaro, I'd like to thank you for all the hard work that you have put in on this particular issue for the last four (4) years or since I've been in this chamber, because this Bill is an important Bill, I think, not just for McHenry County but for Illinois. If we look at twenty (20) to thirty (30) years ago, Illinois had the most vibrant horseracing industry in the country, had the second highest purses, the best technology, the best tracks, we had the best trainers. We were the model for the horseracing industry in the country that we started debating whether or not we were going to have casino gaming come to the State of Illinois. And when we approved casino gaming, the horseracing industry told us then what it would do to their industry because it had done the same thing to other states' horseracing industries, which was merely annihilate them. This industry is a viable industry for the agricultural commitments that they make, for the number of employees that they employ. Just in McHenry County alone, we have forty-three (43) thoroughbred farms. I can't even tell you how many farms that we have that grow feed and straw that support the racing industry. It's important for the agriculture economy in my county; I'm sure it is in your county. And I believe that we have one gaming industry consists of casinos, it consists of 09500294.doc 148 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 horseracing. When one side is taking from the other side, we need to be able to balance that scale so that we can continue to have a viable horseracing economy. And I hope that because this is your last Bill, Representative Molaro, that it isn't part of the 100… Century Club. I would… I would hope that you're going to get this passed because, I got to tell you, it's a very important Bill for my county. We'd hate to have to put out a all-points bulletin on you or anything like that. So, if you can't vote for it for any other reason, just vote for it so that you can drive through McHenry County in the future and hold your head up high because, I've got to tell you, we have a horseracing industry and that we're proud of it in our county and I urge you to support it. And I hope you will vote 'yes'."
Speaker Turner: "The Gentleman from Bond, Representative Stephens, for what reason do you rise?"
"Well, thank you, Mr. Speaker. Will the Gentleman yield?"
"Indicates he will."
"I… Unlike your seatmate, I'm happy that I don't sit by you and… but I have learned a lot from you over the years and I wondered if you've considered whether with all of your experience on this legislation that maybe after your retirement we would have a better job… a better opportunity to pass it and maybe you could be the… the chief lobbyist."
"Thinking of what? I'm sorry."
"I said the 'L' word. Are you going on to a lobbying career and…" 09500294.doc 149 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"That… I'm not sure yet. There's a couple offers out there that… But what I am going to do is this…"
"Now… now, wait a minute."
"…so everybody under…"
"Is that a hyperbole or is that exaggeration? What… How do we characterize that?"
"No, no. I got to tell you. You asked, I'll tell you. I don't know what I'm going to do after spring, but I'm… my only thing I'm doing is in February I'm going down to Arizona. I'm going to try out for shortstop for the White Sox. If that fails, then I'm going to have to decide what I'm doing. But I think I owe it to myself that one last shot."
"I… I think you… I wish you well in that career as you've experienced both chambers, in this fine Body and I know this isn't your retirement party, but…"
"Right."
"…December 4 is coming close, you know. So, anything you can tell us about that."
"Ah, yeah."
"Thank you. Godspeed."
"Thank you."
"The Gentleman from Vermilion, Representative Black, for what reason do you rise?"
"Well, thank you very much, Mr. Speaker. The previous Gentleman made remarks that were completely out of line and I'm somewhat shocked that you didn't admonish the Gentleman about retiring and unretiring. I don't need to hear that, I mean, it was completely out of order and I'm going to 09500294.doc 150 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 take that under consideration the next time that Gentleman has a Bill dealing with electric rates. Will the true Gentleman Sponsor of the Bill yield? Representative, I come not… I come here today not to praise you nor to bury you, but I do have some questions. This does not impact any downstate casino, correct?"
"No, it does not."
"And I happen to represent an area that would like to be, if not the tenth casino, which it appears that we were just… just…"
"Just short."
"…just edged out."
"I thought you were going to make it, I really did."
"I mean, you talk about a photo finish. But perhaps the eleventh or the twelfth or the nine hundredth, who knows. As I understand the 3 percent impact fee, there is a sunset clause on that, correct?"
"Correct."
"It does not go on forever and ever."
"No."
"It will sunset in June of 2011, correct?"
"Correct."
"That's, for all practical purposes, about two (2) years from now. If… and there are other… there are other two (2) triggers, electronic gaming, I assume that means slot machines, and what's the other trigger for a sunset?"
"Well… well, what we put in for the boats, which made sense, is that if they ever go back to the 70 percent tax, 09500294.doc 151 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 then they would no longer have to pay the 3 percent. So, if it turns out that's what we did…"
"Okay."
"…then they wouldn't… we wouldn't ask them to also pay an additional 3. So…"
"All right. So, this isn't designed to be something you vote on today and people will be paying thirty (30) years from now."
"Oh, no way."
"It has no impact on anyone unless they choose to go to a riverboat, correct?"
"Correct."
"It might have an impact on people in my district who attempt to raise and train horses. At one time, the president of the Standard Breed Association was a resident of my district, he's gone on to that great track in the sky, but I don't see this being the issue that some people are trying to make it out. I don't think this is the end of civilization as we know it. It simply is an attempt to keep what was once a vital and important industry in this state functioning. I remember when the horseracing industry funded ninety-nine and ninety… forty-four one hundredths percent of the county fairs, the premiums. I don't know that that will ever be possible again because of the fall off in those who like to go to the track, but I… I hope we don't play any games with this Bill, whether it's your last Bill or your second to the last Bill, it's a Bill that's worthy of support. And I would urge people on both sides of the aisle to take a look at it. The horseracing 09500294.doc 152 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 industry has been around for more than a hundred (100) years, at one time called the 'sport of kings'. It has dedicated and devoted aficionados and you don't have to just watch the Kentucky Derby, the Preakness or the Belmont to be able to enjoy the sport. So, I hope that, in all due respect to the Sponsor, that we give this Bill the consideration that it deserves. Don't give the Sponsor the consideration he deserves…"
"Yeah, thanks."
"…'cause then it wouldn't get any votes."
"Right."
"But the Bill itself is worthy of at least enough to put it on Postponed Consideration, which means that he then would come back."
"No. It's… unfortunately, that's it, but I, you know, and I'm… thanks for pointing that out. I just want to make this… what you just said. You know, I know it's my last Bill and I wish we would have done this earlier in the day so we don't get caught up in this stuff. This Bill has passed this General Assembly… times. We just have to, not only is it important, I think, Bill, that there will be, you know, overwhelming support for this, because as you all know, and you hit it on the head, there are thirty, forty thousand (30,000-40,000) people in this state in the horseracing industry and all that will happen that will be the positive impact. The only negative impact is the few guys that live in Vegas that own these casinos, instead of making billionaires they're only go to be a billionaire five (5) times over not six (6) times over." 09500294.doc 153 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"Thank you very much, Mr. Speaker. An inquiry of the Chair, if I might. Did we wait all day just to get to this Bill or was… were there tense negotiations going on?"
"We'd like to believe that negotiations were well resolved earlier today."
"That's what I thought."
"I mean, some of the concern or some of the delay was dividing those Amendments up and…"
"I see."
"…separating some of the issues as we voted earlier today."
"And… and this was the topic of your caucus. This was the major topic, I assume."
"Was."
"All right. I can't get a thing out of you, can I? All right. Thank you."
Speaker Turner: "The Gentleman from Bureau, Representative Mautino, for what reason do you rise?"
"I rise in… First of all, I wanted to thank the Representative, and they say, you know, once you lose the button here people forget about you and forget your face and… and with… with this guy, I don't think that would happen. The Century Club wouldn't be appropriate. A tremendous Bill and 'ad lect legis to um', means, and your Bill, too. So, if we could give you the trophy and not your Bill, that might be appropriate, but you need the Bill. I rise in support of the legislation and want to commend our good friend, Mr. Molaro, on his work as Senator, as Representative, who knows, maybe judge, 09500294.doc 154 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 something else, whatever he wants to be when he grows up. But we… the state is… is greater for your service. I wish you well. You've been a true friend to all of us and good luck in your future. And I do support your Bill."
Speaker Turner: "The Gentleman from Cook, Representative Durkin, for what reason do you rise?"
"Will the Sponsor yield?"
"Indicates he will."
"Representative Molaro, there's currently three (3) bids with the Illinois Gaming Board for the tenth license. We assume that this will probably go a little smoother than the last volley before the Illinois Gaming Board. If a license is approved and it's placed in one of those locations, will this kick in? I mean, is it intended to…"
"No."
"…is this 3 percent intended to apply to the tenth license, if it's operational and those…"
"No, no. This Bill does not. We'd have to come back in the spring and figure out what we're going to do with the tenth license. This Bill is not applicable for the tenth license."
"Well, if it's awarded and they are up and running in either Rosemont, Des Plaines or… they would not be… I'm just trying to look into the…"
"No."
"…the way the language is written."
"They… they wouldn't get it."
"All right. The City of Chi…"
"They wouldn't have to pay it." 09500294.doc 155 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008
"All right. So, the City of Chicago maybe in two (2) years gets a land-based casino. Would they… would the receipts apply to that land-based casino, even though it is technically not a riverboat?"
"I'd have to read the Bill again. I don't know, but let me tell you, Jim. As you well know, this… this Bill is a stopgap effort; that's all it's here for. We know that we have to sit down and do some expansion of gaming. I don't care what Bill is brought forth. If there's another casino in Chicago, this will be addressed. As a matter of fact, there's two (2) Bills sitting out there that gives slots to the racetracks, but they're, you know, they're doing that passage in the night. I think the Senate passed two (2), three (3) different Bills that have slots at racetracks. So, this is a temporary issue just to keep this… Remember, this is so our racing could compete with other state's races. We hope the casinos do fantastic. I mean, we… I hope there's ten (10) casinos. That's not the point. The point is, other states have done this; that's what we're doing and we know that when Chicago comes online but there's other… other casinos, we'll be back here with different Bills figuring out how to do it. What this does is assured that the horsemen and those thirty, forty thousand (30,000-40,000) dol… jobs, will be dealt with in any Bill that's coming down the pipe."
"All right. Thank you."
"Thank you."
"Well, I appreciate what you've done over the many years in the Senate and the House. We're going to miss you 09500294.doc 156 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 and I tell you with your striking gray hair you'll look very good in robes in the near future."
"Thank you."
"The Gentleman from Crawford, Representative Eddy, for what reason do you rise?"
"Will the Sponsor yield?"
"Indicates he will."
"Representative, I… I want to add my support to this Bill and I… I hope that folks will support this and while you have had several Bills that qualified for the Century Club, this is not one of them."
"No."
"I think… I think you have though, in the past, presented us with enough opportunities…"
"I've… I've…'
"…and that's been…"
"Yeah, recent memory. I've had some Century Club Bills."
"Yeah. You had some dandies. The other thing, I… I want to make… don't go to Arizona. The Sox don't need you. I saw you play softball. You know, there are some people that are light hitters and that can field and you can't do either one. So, if I were you, I wouldn't waste my time. I'd go into something else. I don't know, croquet. I haven't seen you try that. I just… I think it's important that… that the Body understand the importance of this issue and the seriousness, of it though. There are a tremendous number of jobs in an industry that's at stake and a lot of those are in my area. Folks breed and then they work this 09500294.doc 157 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 business and are in a critical state. As far as being able to compete with other states, this is vital for those folks and I hope folks will vote 'yes' on this, Members of the House. And I also want to take just a moment to wish you well in whatever you do."
"Thank you."
"The Gentleman from Champaign, Representative Rose, for what reason do you rise?"
"Will the Gentleman yield?"
"Indicates he will."
"Are there any sentence enhancements in this legislation?"
"Say again?"
"Are there any sentence enhancements in this legislation?"
"No, there's not."
"Okay."
"You won't be able to do that anymore to me…"
"I know."
"…so after this. But no, there's…"
"Seriously, I… Bob, I salute the effort, the time, and the energy that you put into this issue over your career. And I… Frankly, it's perfectly fitting that this is your last Bill and as a downstater, I… I echo what Representative Eddy just said. This is a very big industry in downstate Illinois and I really… I just want to commend you for the effort and time you put into this. On that note, I would make a request, because in my six (6) years here the all-time funniest thing I ever saw was when you 09500294.doc 158 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 asked for leave to present from your seat. And so, on your behalf, I would like to ask the… the Speaker for leave for Representative Molaro to make his closing from his seat."
"That's an inside committee joke. That's… if you've ever appeared before my committee, I don't let my Members pay up to go out in the audience like everybody else. So, it's an inside joke."
"No, no. You… you actually did it from your chair there one time."
"I know, I know."
"The Lady from Cook, Representative Munson, for what reason do you rise?"
"Thank you, Mr. Speaker. Will the Sponsor yield??"
"Indicates he will."
"First of all, I just want to add my well wishes on your…"
"Thanks."
"…retirement and hope all goes well. But I do rise in opposition to this Bill. In particular, I just want to make comments that… or refer to comments that this really doesn't affect individual people in the state, but in fact, in my district we have the Grand Victoria Foundation. Are you familiar with that foundation?"
"Yes."
"It's a charitable foundation that supports a lot of the social service agencies in the Elgin area but also throughout the state. It also provides funding to the county of Kane and to the City of Elgin both of whom use those dollars not just to invest in capital improvements 09500294.doc 159 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 and economic development and things that are much needed in our county, but they also have been supporting our social service agencies that provide for addiction counseling, gambling addiction, our community crisis center for domestic violence and this will be a huge hit given the current economy and the fact that the state hasn't been paying its bills and the budget isn't going to accommodate those needs in our community. So, I want the Body to know that this will profoundly impact our local area and the ability to deliver social services. And I ask for a 'no' vote."
Speaker Turner: "The Gentleman from Jasper, Representative Reis."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. To the Bill. Representative Molaro has worked very hard on this issue and earlier today we got to vote on a Bill that was going to help a struggling industry, the movie industry in the City of Chicago and the State of Illinois. Well, the horseracing industry has been struggling for a long time. It's very important to downstate Illinois. Not only is it the racing, it's the horses, the training, the hay baling, the grain, everything that goes involve… or goes along with the horseracing industry. And they've been struggling at the expense of the casinos and that's why this Bill is properly put together. It's a profit sharing that the casinos have taken away from the horses over the years as they continue to develop and puts it back… some of it back into their hands so that economic development in our region, downstate 09500294.doc 160 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 in rural areas, can continue to thrive and we can have the purses that can attract the horses so that they race here in Illinois. So, thank you, Mr. Molaro… Representative Molaro for your work on this issue. I don't want this to get caught up in the retirement speeches and the well wishes and all that. Those are certainly… are going to come to you probably before your final day here and I want to highlight how important this is. We helped out another industry this morning. Let's help out the horse industry again this afternoon."
"Representative Molaro to close."
"Well, thank you very much. I'm certainly not getting into my last speech 'cause I'll never get through it. All I could say is I always took being a lawmaker serious and that you couldn't find a better job. Made many dear friends and hopefully I'll continue to do that. And I just hope that everybody in this Body continues to do their work and they make their constituents proud. But with that, let me… let me just close this Bill. Oh by the way, it's been a pleasure being on catfish row here. So, thank you guys, all my downstate friends. I… I do got to end this Bill. I must… I must talk about this Bill, get rid of all this frivolity that we're having. This is an extremely important Bill. This Body has passed it before. They are passing it again. When we talk about… I mean, someone I think mentioned about the towns wherever the riverboats are, this doesn't take one penny away from them. They collect their 50 percent, their 5 percent. This is after that which comes from the casino not from any of that. So, 09500294.doc 161 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 all state money or city money will continue to flow. All this does, we're giving nothing as a leg up to horseracing versus the casinos, nothing. All this does is allow our horseracing industry, that glorious industry that employs thirty to fifty thousand (30,000 to 50,000) people, to stay in Illinois and compete with other states. Indiana had a head fee. Indiana just gave twenty-five hundred (2500) slots to two (2) racetracks. Their purses are going to be three (3) times Illinois. So, if you have Illinois residents that live here and work here in the racing industry, their owners are going to be forced to go to Indiana. Kansas just passed it, New Jersey, Iowa. I mean, I could go on and on. Nineteen (19) out of twenty (20) states, nineteen (19) out of twenty (20) looked at thirty or twenty thousand (30,000 or 20,000) people in the eye and said, I will help you survive. I will help you provide for your families. Illinois, two (2) years ago, did the same thing. We haven't solved the problem. We have to do it again so our residents and our people and our industry can survive by putting us equal with other states. We hope the casinos do fantastic and they have been doing fantastic. Thank you very much. When we put this in 2006, they exploded in 2006 and 2007. Little rough now, like every other business. This Bill did not impact their casinos at all. This is a Bill to help our residents, to help the State of Illinois and it couldn't come at a better time. The last thing we need is to lose twenty, thirty thousand (20,000-30,000) jobs. This is the best time for it. We need to just come back and resunset what we've already 09500294.doc 162 STATE OF ILLINOIS 95th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 294th Legislative Day 11/20/2008 done. And I would thank you for an 'aye' vote. Thank you."
"So, the question is, 'Shall House Bill 4758 pass?' 'Should we concur with Amendments #1 and 2 to House Bill 4758?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Feigenholtz, Dunn. The Clerk shall take the record. On this question, there are 88 voting 'aye', 16 voting 'no', 1 voting 'present'. And the House does… do concur in Amendments #1 and 2 to House Bill 4758. And this Bill, having received the Constitutional Majority, is hereby declared passed. Clerk, Rules Report."
"The following items are referred to the House Committee on Rules: House Resolution 1821, offered by Representative Black. Correction. 1621, offered by Representative Black. And 1627, offered by Representative Soto."
Speaker Turner: "Seeing no further business, Representative Lang now moves that the House stands adjourned until Monday, January 12, 2009, the hour to be decided later. Monday, January 12, 2009, is when the House will reconvene. All those in favor say 'aye'; those opposed say 'no'. And the House stands adjourned. Happy holiday and drive safely, Members." 09500294.doc 163