"The House shall come to order. The Members shall be in their chairs. We ask the Members and our guests in the gallery to turn off laptop computers, cell phones and pagers. We ask our guests in the gallery to rise and join us for the invocation and the Pledge of Allegiance. We shall be led in prayer today by Karl Watson, the head elder of the Bolingbrook Seventh Day Adventist Church in Bolingbrook, Illinois. Mr. Watson is the guest of Representative McAsey."
"Good afternoon, House. I'd like to thank Emily for inviting me here. It's a blessing to be here to share the opening prayer with you. Let us bow our heads and close our eyes as we begin. God, we thank You so much for this day that You've given us. We ask that You bless over the assignments that each one of us have been given, to work together, to move forward for this Illinois and the city around us. May we be blessed in our decisions that we make today. May we keep our ears and our hearts and minds open to be led to always improve, to always listen to others, to always be able to come together in one accord, one nation, under God. We thank You for our friends and fellows around us that keep us accountable, and we pray that Your ever loving guidance will be with us as we move forward on to the days and years to come. We thank You so much, Amen."
"We shall be led in the Pledge of Allegiance by Representative Bellock."
"I pledge allegiance to the flag of the United States of America and to the republic for which it stands, 09600018.doc 1 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 one nation under God, indivisible, with liberty and justice for all."
"Roll Call for Attendance. Representative Currie."
"Thank you, Speaker. Please let the record show there are no excused absences among House Democrats today."
"Mr. Bost."
"Thank you, Mr. Speaker. Let the record reflect that Representative Kosel and Sullivan are excused today on the Republican side of the aisle."
"The Clerk shall take the record. There being 114 Members responding to the Attendance Roll Call, there is a quorum present. Mr. Clerk."
Clerk Bolin: "Committee Reports. Representative Gordon, Chairperson from the Committee on Computer Technology, to which the following measure/s was/were referred, action taken on February 26, 2009, reported the same back with the following recommendation/s: do pass Short Debate for House Bill 550. Representative McCarthy, Chairperson from the Committee on Personnel & Pensions, to which the following measure/s was/were referred, action taken on February 26, 2009, reported the same back with the following recommendation/s: do pass Short Debate for House Bill 377, House Bill 895, and House Bill 923; do pass as amended Short Debate for House Bill 1099. Representative Graham, Chairperson from the Committee on Renewable Energy, to which the following measure/s was/were referred, action taken on February 26, 2009, reported the same back with the following recommendation/s: do pass Short Debate for House 09600018.doc 2 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 Bill 680. Representative Osterman, Chairperson from the Committee on Appropriations-Human Services, to which the following measure/s was/were referred, action taken on February 26, 2009, reported the same back with the following recommendation/s: do pass Short Debate for House Bill 1383, House Bill 612, House Bill 859, House Bill 928, House Bill 951, and House Bill 991. Representative Howard, Chairperson from the Committee on Judiciary II-Criminal Law, to which the following measure/s was/were referred, action taken on February 26, 2009, reported the same back with the following recommendation/s: do pass Short Debate for House Bill 710, House Bill 865, House Bill 869, House Bill 1057, House Bill 1105, and House Bill 1147; do pass Standard Debate for House Bill 648 and House Bill 765. Representative Verschoore, Chairperson from the Committee on Counties & Townships, to which the following measure/s was/were referred, action taken on February 26, 2009, reported the same back with the following recommendation/s: do pass Short Debate for House Bill 442, House Bill 562, House Bill 585, and House Bill 883. Representative Harris, Chairperson from the Committee on Youth and Family, to which the following measure/s was/were referred, action taken on February 26, 2009, reported the same back with the following recommendation/s: do pass Short Debate for House Bill 30. Representative Boland, Chairperson from the Committee on Higher Education, to which the following measure/s was/were referred, action taken on February 25, 2009, reported the same back with the following recommendation/s: do pass Short Debate for House Bill 62, 09600018.doc 3 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 House Bill 898, and House Bill 899. Representative Ryg, Chairperson from the Committee on Disability Services, to which the following measure/s was/were referred, action taken on February 25, 2009, reported the same back with the following recommendation/s: do pass as amended Short Debate for House Bill 655, House Bill 751, and House Bill 758. Representative Holbrook, Chairperson from the Committee on Environment & Energy, to which the following measure/s was/were referred, action taken on February 25, 2009, reported the same back with the following recommendation/s: do pass Short Debate for House Bill 402, House Bill 875, and House Bill 1088. Representative Yarbrough, Chairperson from the Committee on Appropriations-Public Safety, to which the following measure/s was/were referred, action taken on February 25, 2009, reported the same back with the following recommendation/s: do pass Short Debate for House Bill 1125. Representative Joyce, Chairperson from the Committee on Appropriations-General Services, to which the following measure/s was/were referred, action taken on February 25, 2009, reported the same back with the following recommendation/s: do pass Short Debate for House Bill 962, and House Bill 994; recommends be adopted Floor Amendment #2 to House Bill 289. Representative Franks, Chairperson from the Committee on State Government Administration, to which the following measure/s was/were referred, action taken on February 25, 2009, reported the same back with the following recommendation/s: do pass Short Debate for House Bill 65, House Bill 310, House Bill 489, House Bill 616, House Bill 769, House Bill 852, House 09600018.doc 4 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 Bill 853, House Bill 942, House Bill 986, House Bill 1002, House Bill 1013, House Bill 1055, House Bill 1059, House Bill 1060, House Bill 1115, House Bill 1200, House Bill 1201; do pass as amended Short Debate for House Bill 994 and House Bill 897; and recommends be adopted House Joint Resolution 86 and House joint Resolution… Correction. recommends be adopted House Resolution 86 and House Joint Resolution 15. Representative Osterman, Chairperson from the Committee on Labor, to which the following measure/s was/were referred, action taken on February 25, 2009, reported the same back with the following recommendation/s: do pass Short Debate for House Bill 866, House Bill 952, and House Bill 1146. Representative Rita, Chairperson from the Committee on Business & Occupational Licenses, to which the following measure/s was/were referred, action taken on February 25, 2009, reported the same back with the following recommendation/s: do pass Short Debate for House Bill 1015; do pass as amended Short Debate for House Bill 271, House Bill 786 and House Bill 880. Representative May, Chairperson from the Committee on Environmental Health, to which the following measure/s was/were referred, action taken on February 26, 2009, reported the same back with the following recommendation/s: do pass as amended Short Debate for House Bill 658. Introduction of Resolutions. House Resolution 121, offered by Representative Froehlich. House Resolution 122, offered by Representative Schmitz. House Resolution 123, offered by Representative Osmond. House Resolution 124, offered by Representative Walker. House Resolution 126, offered by 09600018.doc 5 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 Representative Hernandez. House Resolution 128, offered by Representative David Reis. House Resolution 130, offered by Representative Durkin. House Joint Resolution 20, offered by Representative Pihos. House Joint Resolution 21, offered by Representative Turner. Senate Joint Resolution 6, offered by Representative Froehlich. And Senate Joint Resolution 7, offered by Representative Riley."
"Would the Members please take their seats. We have a special guest today. So, if staff would retire to the rear of the chamber and if the Members would please take their seats. We're very pleased today that the Ambassador from the Republic of Liberia to the United States of America has traveled to Springfield to spend time here at the State Capitol to greet people from Illinois and to talk about the relationship between the United States of America and the Republic of Liberia. I'm sure that he will speak to that history, but we all know that the country of Liberia was founded by people who had left America and gone to Africa for the purpose of forming that country. But let me present to you the Ambassador from the Republic of Liberia, Mr. Nathaniel Barnes."
"Thank you so much. Thank you. Honorable Speaker of the House, Michael Madigan, Members of the House of Representatives of the great State of Illinois, distinguished ladies and gentlemen, a great people of Illinois. Good afternoon to all of you. It is an honor and privilege to be here today, and I would like to extend appreciation to the Illinois Legislative Black Caucus for 09600018.doc 6 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 the generous and gracious invitation to me to participate in your celebration of Black History Month. I bring you greetings on behalf of the President of the Republic of Liberia, Her Excellency, Madam Ellen Johnson Sirleaf, the government of the Republic of Liberia and the resilient people of Liberia. We extend deep gratitude to the government and people of the United States for their generosity, their compassion and most importantly for setting so many positive examples for the world to emulate. I'm honored to be in the great State of Illinois whose legacy for leadership is long and continues today. Over the years, when Liberia faced its darkest time, you, the good people of America, stood steadfast with us. Now, as we work towards a truly Democratic society in Liberia, a society in which all of our citizens are free and treated fairly, where everyone can live without fear of reprisals, where education and human rights are extended to all people not just a select few. The American people once again are standing by our side. Honorable Speaker, Excellencies, Ladies and Gentlemen, I ask that you continue to hold us to the high standards and expectations as we tackle the many challenges that we must overcome on our way to becoming a success story of true democracy on the continent of Africa. In building a better Liberia, we know all too well that the work of the government and people of Liberia has just begun. And although we are anxious to stand on our own two feet, we still look to the people of this great nation for advice, counsel, guidance and support. I want to take this opportunity, not only to say thank you for what you have 09600018.doc 7 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 done for us in the past, I also want to thank you for your commitment to continue to work with us as we strive to take full control of our destiny. My dear friends, please rest assured that your efforts, your good will and generosity shall not be in vain. Liberia is now at a turning point. Our nation, after almost two decades of civil strife and turmoil, have experienced over three years of consistent peace. Now, the proverbial question is, where do we go from here? Will our nation's leaders seek to honor the will of the people? Will our politicians continue to fight tenaciously against public enemy number one, corruption while bringing a nation… while bringing… building a nation of peace and prosperity? Will the citizens of Liberia stand in unison to declare, we are Liberians first rather than dueling on tribal and ethics separation? I firmly believe that we will rise to the challenge. To date, Liberia is mostly a recipient of foreign aid; that paradigm must change. No longer do we want handouts from the United States or any other country for that matter. We must work and will work to become a partner of the United States, a partner that will promote the spread of democracy in Africa, a partner that will help terrorism around the globe and a partner that, not only would provide competent workers to America, by jobs to Americans. Our priority is to forge a partnership that will prove mutually beneficial. We want to be a success story; we will be a success story. Our government has initiated the LIFT LIBERIA campaign. It followed a reduction strategy that will essentially build a new nation that is more peaceful, secure and prosperous. A 09600018.doc 8 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 new nation that will hold firmly the values of democracy while eliciting an accountable government steeped in the rule of law. The poverty reduction strategy is centered on four essential pillars: national security, economic revitalization, governance in the rule of law and infrastructure and basic services. Our government is doing most… is doing more than just simply talking about progress. I would like to cite some example of the progress that we have made since 2006. Over the past three years, our government has instituted free and mandatory schooling for our youth. Our student enrollment has tripled in all age groups. We have also refurbished and built new schools and colleges in every region of our country and committed to raising the standards and qualities of Liberian teachers. Teachers are now being better compensated, and more students are being better prepared to face the challenges of our global community. Hospitals and clinics are slated to be built in various parts of the country. With the help of the Chinese Government, we will complete construction of one of the most technologically advanced hospitals in West Africa, a one and a hundred facility well equipped to serve our people who have suffered too long. Deadly diseases which have devastated our people are now being tackled. With the help of the United States, we are fighting malaria by providing free mosquito nets, bat nets, to tens of thousands of our citizens. Thanks again to your generosity, the people of America. We have also doubled the number of children immunized against debilitating 09600018.doc 9 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 childhood diseases and to date, are providing esti… an estimated 550 thousand mothers with prenatal care. The Government of Liberia is also committed to educating its citizens on the causes and effects of HIV/AIDS. We have undertaken a massive campaign to provide information to all our people, and we have established a safe and accurate testing measures so that everyone will know their status and take all the necessary precautions. The government, our government, has cracked down on the trafficking of illegal drugs. Just last year, we successfully carried out the largest drug bust in our nation's history seizing 1.2 tons of cocaine value… of cocaine with an estimated street value of $100 million. We have embarked on a total restructure and rebuilding of our military and police forces. In rebuilding these institutions from the ground up, we will no longer allow national security entities to be used to disrupt the rule of law or abuse the Liberian people. We have, and will continue to call, for higher moral and operational standards among those who enforce our laws, so that people of… the people of Liberia will have a safe place to turn when they need… when they are in need of protection and assistance. Liberians recognize, and like the Phoenix, we are still rising from the ashes of a brutal civil war. As a result, our government has disarmed, demobilized and reintegrated thousands of ex-combatants and continue to do so. I'm proud to say that our government, led by our Excellency President Ellen Johnson Sirleaf, have instituted a zero tolerance policy on corruption. The government has mandated an independent anticorruption 09600018.doc 10 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 commission, and in 19… in 2008, Liberia was recognized by the World Bank as the most improved country in world in the control of corruption. The government has committed that those caught embezzling governments fund will be prosecuted to the fullest extent of the law. For far too long, Liberians have lived in an environment of impunity. No longer will this be tolerated. Our government will continue to strive to empower our legal system so that it may operate efficiently and honorably. Not only will our justice system bring the guilty to trial and justice it will seek to be a deterrent as well. Mr. Robert Zoellick, the President of the World Bank, has stated that Liberia is now the poster child… 'poster child' of how a postconflict country can become a emerging democracy. We want to live up to this wonderful designation. Honorable Speaker, distinguished Ladies and Gentlemen, my dear friends, with the continued support of the great nation, the United States, and with the hard work and dedication of the government and people of Liberia, we will remain steadfast in our quest to create a nation in which all of the hopes and dreams of our citizens can be realized. May God bless the State of Illinois, the United States of America and the Republic of Liberia. Thank you very much."
"We thank Ambassador Barnes for his wonderful remarks, and he will be available in the well for those who wish to greet him, for a short time. So, Mr. Ambassador, thank you very much. Mr. Clerk."
Clerk Bolin: "Committee Reports. Representative Currie, Chairperson from the Committee on Rules, to which the 09600018.doc 11 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 following legislative measures and/or Joint Action Motion were referred, action taken on February 26, 2009, reported the same back with the following recommendation/s: direct floor consideration for Senate Amendment #1 to House Bill 1027, referred to the Order of Concurrence."
"The Chair recognizes Mr. Hannig."
"Thank you, Mr. Speaker and Members of the House. I would move that the House concur in the Senate Amendment to House Bill 1027. As you recall last week on Friday, we passed a shell Bill to the Senate for the purposes of trying to speed up our interfund transfer process so that we could, in a sense, essentially kick start the… the hospital assessment program. So, what this is is the product of the four caucuses and the Governor working together to find some additional funds for the purposes of beginning the program. So, let me briefly tell you what the Senate Amendment does. The Senate Amendment would allow the State of Illinois to take $335 million from the general obligation retirement fund and put it into the hospital assessment fund… provider fund, but also take an additional 175 million from the SERS fund for this same purpose. On the one side, the money that goes into the general obligation retirement fund… bond retirement fund is something that comes… that happens every month and is used to pay off our… our bonds. Now, at this point, we have plenty of money in that account. We're not going to market with any new bonds, and everyone agrees that we can take that money, put it into the hospital provider fund, do the hospital assessment and put the money back. The same is 09600018.doc 12 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 true with the state employee retirement systems fund. What happens there is that they have a… a cash balance that over the last couple of years has never gone below $200 million. In fact, I don't think it's gone below 225. So, they have a huge cushion in that fund. It's just cash; it's just cash and when it builds up to maybe 300, then they invest it in some funds. They give it to an investor and then it goes back to maybe 225 and then it builds up again and then they take it back down to 225. We're simply saying, let's take 175 out for a very short period of time, again, begin to get the hospital assessment program going and then put the money back with interest. We had this Amendment in committee yesterday, there were no objections and so, I… and it's been worked out with the four caucuses and the Governor. I'd be happy to answer any questions, and I'd ask for a 'yes' vote on the Amendment."
"All right. Ladies and Gentlemen, we're on the Motion to Concur… Mr. Black on the Motion to Concur."
"Inquiry of the Chair, Mr. Speaker. How can we have a Motion to Concur when the Amendment hasn't been adopted? The Senate adopted this Amendment?"
"That's my understanding."
"It's so unlike them."
Speaker Madigan: "The Senate… the Senate adopted a Senate Amendment to a House Bill."
"Boy…"
"And the House Bill is back in the House."
"…things have changed. Will the Sponsor yield?"
"Sponsor yields." 09600018.doc 13 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009
"Thank you. Representative, and I hope all Members of the House will pay attention, in order to start the hospital assessment program, you're asking me to vote for a $175 million in borrowing from the State Employees Retirement Fund, SERS."
"Representative…"
"You said that nobody was in objection, but my question to you is, did AFSCME or the State Employees Retirement System, are they aware of this borrowing from a pension fund, which has literally been the third rail of Illinois government for the last several years since we're so underfunded?"
"Let me answer those questions one at a time, Representative. First of all, we aren't borrowing from the… from the investment fund. We're borrowing from a fund that accumulates money prior to investing. And it's had a cushion of about 200 to 225 million dollars and hasn't fallen below that amount in at least a couple, three years and it's up there now, still, and we think you can take 175 million, put it into the hospital provider fund, do the hospital assessment and then return the money and they'll, you know, with some interest and they'll be slightly better off. We had a hearing on this in committee yesterday, both the union and the pension fund are aware of what we're doing and there are no objections."
"All right. The fund that you're talking about… The only thing that I can think of in talking with staff and they… they tell me this fund may be the employees contribution to the system that is not yet transferred to 09600018.doc 14 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 the pension investment account. Is that the fund you're talking about?"
"Yeah. It's sitting… it's sitting as cash in an account with a balance of well over 225 million, even at its lowest point, as it builds up then they'll send it off… at some point, they'll send of some of that money to an investment advisor of some sort, but it doesn't drop below the 200. In fact, it doesn't even drop below 225, generally."
"That… that's a great deal of money to be sitting in a cash account."
"It is."
"Is past practice, how much do we put into that employees contribution account before we transfer it to the investment account?"
"So, it's at about 225. It gets up to about 300. Then it… then they invest; it goes back down to 225. It gradually builds up, then they invest. It comes back down to about 225. Gradually builds up and so, it's been doing that… doing that for the last couple or three years. So, this is an area we identified some excess cash that we could borrow for a short time. And the same thing's true with the money for the bonds. This is money that would go to pay bonds, but it's well in excess of the payments that we need in the short-term and this is…"
"All right."
"…this is just cash that… that's sitting in the bank."
"And let… let me focus on the two things you just said. It's been this way for the last two or three years." 09600018.doc 15 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009
"Yes."
"You don't mean it takes three years to get to that amount of money, do you?"
"No. I'm just saying that…"
"Okay."
"…the pattern repeats over the last two or three years."
"All right. That brings to mind a second question. Does the Treasurer not invest that money in a short-term investment account? Surely, we don't have a hun… $200 million sitting in an account drawing no interest?"
"It may very well be, Representative, but we're going to pay the… we're going to pay interest on it, as well. We're borrowing this from ourself."
"Right. I understand that."
"It's cheaper to pay the interest to ourself than to go out into the market and pay the market rate and pay all the fees and costs associated with issuing bonds."
"Has anyone checked with the Treasurer's Office? The immediate accessibility to this $175 million, I just want to make sure he doesn't have it invested…"
"I…"
"…and we take an interest penalty for the withdrawal on your timetable."
"I'm advised that the Treasurer's Office has been a part of this negotiation and they're okay."
"Okay. Now, the last and most important question, and I hope the Members pay attention to this. I've not heard from any of the state employees in my district. I don't 09600018.doc 16 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 want to go home tomorrow and go to the coffee shop on Saturday and state employees immediately get in my face and say, you took out $175 million from an SERS account. How could you do that? Is AFSCME completely aware of this and the SERS pension board completely aware of this and they have no objection?"
"That's correct. It was debated in the Senate yesterday; it was debated here. Representative, you well know as I do that if AFSCME was opposed to this Bill, they'd be pulling us off the floor telling us the difficulty. There'd be a flood of people calling our offices, but it's silent because they're okay with it."
"Well, that… that's the only thing that I'm concerned about. So, in other words, if I get home tonight and have a message from Henry Bayer, who's the head of AFSCE Council 31, Henry is not going to say, what did you do?"
"We've actually talked to Henry about this…"
"All right."
"…and he's okay."
"All right. Now, one other question that I just want to make sure when you have two dates in here by which the $175 million on employees pension contribution must be repaid. No later than what… April… April 14, no later than, correct?"
"Yes."
"What is the interest rate we will pay the employees pension contribution fund for the use of their money?"
"So… so, what we're told, Representative, is that the Treasurer will assess what it is that… that he lost or what 09600018.doc 17 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 that interest is, what the rate is and then, that's what the fund will bet back. So, they'll be… they'll be made whole."
"So, borrowing from the employees contribution fund will result in no net loss to the fund, correct?"
"Correct."
"I've always known you to be a man of your word, Representative, but I… and I… and I hope that you're not upset with me, but when we have the kind of pension underfunding that we do, I wanted to make sure, on the record, that we weren't doing something that would further endanger the precarious unfunded liability of our pension system. You have given me some reasonable assurance, and I appreciate your indulgence. Thank you."
"Thank you."
"Mr. Eddy."
"Thank you, Mr. Speaker. I think I understand everything about that. I just have one quick question for the Sponsor."
"Sponsor yields."
"Representative, how soon do you estimate that hospitals might begin to see the funding flow as a result of this maneuver? And I understand that there are guarantees in the Bill and that everyone's comfortable, but for those hospitals in my district that are contacting me, can… can we give them an idea of how long?"
"I'm advised that if this is signed today, and we believe the Governor will sign it as soon as he gets it, 09600018.doc 18 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 that by February 28, they'll start… they'll start payments."
"Is the Governor around? Oh, the new Governor is here somewhere and… well, that's… that's good news too, isn't it?"
"I think he's making some announcement here in the Capitol about parks or something."
"That is good news. We actually can… can move quickly. That's… that's very good. So, within about three days, we… we will see the result of this begin to… to affect hospitals around the state."
"If… if we can get it to him today."
"I understand. Okay. Well, thank you very much. I appreciate that."
"Mr. Hannig to close."
"Yes. Thank you, Mr. Speaker, Members of the House. This is an important piece of legislation to help our hospitals, to help those providers that provide care to the very poor. It's an innovative way that we've actually borrowed the money from ourself, minimizes the interest costs and the carrying costs and the fees associated with going into the marketplace. I commend everyone who worked so hard to put this thing together, our staff and the staff of the other caucuses. And I'd ask for your 'yes' vote."
"The question is, 'Shall the House concur in Senate Amendment #1 to House Bill 1027?' Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? The Clerk shall take the record. On this question, there are 112 people voting 'yes', 2 09600018.doc 19 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 people voting 'no'. The House does concur in Senate Amendment #1 to House Bill 1027. And this Bill, having received a Constitutional Majority, is hereby declared passed. The Chair recognizes Representative McAsey."
"Good afternoon. Thank you. I would like to exercise a point of personal privilege."
"State your point."
"Thank you. And I would like to acknowledge some visitors that are with us today from my district. In the gallery this afternoon, we have students from Wilco Area Career Center along with their director Katrina Paddick. Thank you for joining me in welcoming them to Springfield, to the Capitol, and acknowledging their participation in the rotunda showing the work that they do at the career center. Thank you."
"The Chair recognizes Mr. Will Davis." Davis, W.: "Thank you very much, Mr. Speaker. I, too, want to take this opportunity to acknowledge individuals from my district that are participating in the program in the rotunda. If they will please stand. Please help me in welcoming Michael Synday, project Lead the Way teacher from Thornton High School; Bill Christian, project Lead the Way teacher from Thornton High School and students Shiquita Thompson, Brianna Ervin, Roberto Landon, Juan Harrow and also Mr. Cyril Embril representing career development system. Thank you very much for welcoming them. Also, Ladies and Gentlemen, Members of the Illinois Legislative Black Caucus want to certainly thank each of you for helping us to recognize and acknowledge this being Black 09600018.doc 20 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 History Month. Over the course of the last 28 days, over the course of February, you've heard many of us offer speeches and give remarks on various individuals or various events that happened in celebration of Black History Month. And this being the last day of Session that we will have during Black History Month, I also want to add remarks on behalf of a very outstanding individual, who I think is certainly representative of Black History Month. Ladies and Gentlemen, Wyvetter Younge was born in St. Louis, Missouri, on August 23, 1930. She was a lifelong resident of East St. Louis and one of the longest-serving, dedicated and passionate Legislators in the history of the Illinois House of Representatives."
"Mr. Davis." Davis, W.: "She was first…"
Speaker Madigan: "Let me get you some attention, please. Ladies and Gentlemen, could you give your attention to Mr. Davis, who is talking about a former Member. So, Ladies and Gentlemen, could you give your attention to Mr. Davis. Mr. Davis." Davis, W.: "Thank you very much, Mr. Speaker. As I stated before, you've heard Members of the Legislative Black Caucus give speeches and remarks regarding important individuals that exemplify Black History Month that we are celebrating. And considering that this is the last day that we will be in Session during February, I, also, wanted to add my voice to recognizing an outstanding individual, our former colleague, Wyvetter Younge. Wyvetter Younge was born in St. Louis, Missouri on August 23, 1930. She was a 09600018.doc 21 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 lifelong resident of East St. Louis and one of the longest serving, dedicated, and passionate legislators in history of the Illinois House of Representatives. She was first elected to the House in 1974 and served until her death. She built a strong reputation for working hard to provide members of her community with better schools and educational opportunities, affordable housing, and access to health care. She also was a zealous advocate for revitalizing her district through economic development and the creation of new job opportunities. She became well-known for her responsive constituent service office and her intense focus on issues affecting the quality of life for her district residents. She was so committed to serving her constituents, raising her family, and caring for her late husband when he became seriously ill, that she drove 90 miles each way to Springfield every day that the House was in session so that she could return to her community and help those in need. She believed that education was the key to breaking the cycle of poverty and that every child deserves a quality education regardless of family income. A cornerstone of her work was her fight for better educational opportunities for the state's children. Among the education initiatives she supported was the recalculation of the school funding formula to increase funding for Illinois' downstate Schools. She fought valiantly to establish the East St. Louis Community College Center in East St. Louis. She was a visionary who initiated the concept of the East St. Louis Action Research Project as a means of providing tangible resources from the 09600018.doc 22 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 University of Illinois at Urbana-Champaign to East St. Louis and the surrounding communities. Because of her commitment to providing better opportunities for future generations, Wyvetter Younge Middle School in East St. Louis was named in her honor. She fought for health care access for all because she knew in her heart that being healthy was not only for the privileged, but a basic right. An advocate for working families and senior citizens, she supported legislation requiring HMO reform and health care coverage for children and low-income working families. She co-sponsored legislation to reduce the cost of prescription drugs, expanded home-based elder care programs, and broadened the State's family and medical leave laws. She was a living witness to the civil rights movement and a fighter for equality. She provided assistance to the NAACP in its efforts to ensure that minority workers were employed on the Martin Luther King Bridge rebuilding project. She made urban revitalization and rebuilding inner-city economies among her top priorities. She fought for better paying jobs, because she understood that good jobs help build strong communities and healthy families She ardently sought funding for a variety of redevelopment projects across her district, including the expansion of the Katherine Dunham Centers for Arts and Humanities in East St. Louis. She was a tireless supporter of the East St. Louis Business Incubator, industrial parks, and other job-creating efforts. She drafted job-producing legislation like the "Economic Bill of Rights" to seek alternatives to welfare dependency and to increase the 09600018.doc 23 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 State's power to provide economic justice. She backed measures to increase the minimum wage and make child care more affordable. She passed a Bill that paved the way for the development of the Metro East Citizens Land Cooperative, a citizen-owned, for-profit community investment corporation intent on connecting Illinois residents with land and technology through ownership. She helped the cooperative to revive and expand an East St. Louis renaissance plan developed in the 1970s by famed architect, R. Buckminster Fuller. She worked tirelessly to combat poverty to care for the sick and the homeless, and to help those battling addiction problems because she felt our society is judged by how we treat our least fortunate. She was not only focused on finding big solutions to big problems, but also dedicated to helping every individual constituent in need, oftentimes giving constituents cash from her wallet to pay their utility bills. Her efforts on behalf of the State of Illinois have garnered recognition from a wide array of organizations, including the Southern Illinois University-Edwardsville School of Nursing, United Auto Workers, Katherine Dunham Centers, Illinois Agricultural Association, American Council Society, NAACP, East St. Louis School District 189, and Gamma Phi Delta. Ladies and Gentlemen, Wyvetter was an outstanding individual. I am very lucky to have had the opportunity to serve with her as I'm sure each and every one of you are, as well. So, again, as we close out our celebration of Black History Month here on the chamber of the Illinois House of Representatives, I ask each of you to join me in 09600018.doc 24 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 just giving a great round of applause to our former colleague, Wyvetter H. Younge. Also, for each one of you who will be staying in Springfield this evening, you are certainly welcome to join the Illinois Legislative Black Caucus tonight at the Governor's Mansion for our annual soul food soiree. Hope you can join us this evening. Thank you."
"Mr. Dunkin."
"Thank you, Mr. Speaker and Members of the Illinois House. Although we celebrate African-American history month every year of those who have come and gone, it's also important to recognize some of those leaders who are right here amongst us who happen to be African American as well. Individuals such as Mary Flowers, who left her legacy and still is making an impact by creating the Bureau of Consumer Health and Information Services that hundreds and thousands of individuals take advantage of today who would have no other ways to find out information on health care here in our city and our state. She's played and made an indelible impression already in her 20-plus years here in the General Assembly. Another Member, Representative… State Representative Annazette Collins, recently created the Department of Juvenile Justice right here in the State of Illinois where young people under 18 can have another alternative towards other than going into the huge Department of Corrections system, thus creating a grand sense of recidivism. That's major here in the state and affects all of our young people. Another one of our long- serving Members here, Representative Arthur Turner, who, 09600018.doc 25 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 years ago, helped create the Illinois Housing… Affordable Housing Trust Fund, which generates about $20 million every year. And so, these are some of the individuals here, right amongst us, who in another 5 another 10 years another 30 years, other Members will be discussing and talking about and reminiscing about the incredible impact that they've had here on all of our great citizens in the State of Illinois. So, I think it's also appropriate to give them a great, living warm welcome and round of applause and appreciation. Thank you."
"Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. As we close out African- American History Month, I would like to share with you the hero that I have chosen to remember on this day and this month. My hero is not a person; it's not a thing; it's an entity. An entity that has grown a number of Americans… African Americans and made major contributions to this country. My hero is the black church. The term black church or African-American church refers to predominantly African-American Christian churches that minister to predominantly black congregations in the United States. While some black churches such as African Methodist Episcopal belong to predominantly black denominations, many African-American churches are part of white denomination such as the United Church of Christ. The first black congregations and churches were formed before 1800 by three blacks. For example, in Philadelphia, Pennsylvania, Petersburg, Virginia, Savannah, Georgia and industrial cities, historically after emancipation, African Americans 09600018.doc 26 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 established separate congregations. It is from the black church that America has been able to enjoy the talents of the following: poet Phyllis Wheatley; Bobby Jones of Bobby Jones Gospel, 25 years on BET; Mahalia Jackson, a famous gospel singer; Jerry Butler, Cook County Commissioner; Adam Clayton Powell, preacher and Congressman; Minister Farrakhan, Nation of Islam; Aretha Franklin, famous singer; Della Reese, actor, Touched by an Angel; Dr. Martin Luther King, preacher and Civil Rights leader; Reverend Jesse Jackson, Sr., Civil Rights leader; Thomas Dorsey, writer… song writer; Bobby Rush, Congressman, preacher, leader; Malcolm X, preacher, teacher, Civil Rights leader; Al Sharpton, preacher, Civil Rights leader; Barack Obama, Congressman, President, product of the black church; Reverend Jeremiah A. Wright, preacher, Civil Rights leader; Andrew Young; Ralph Abernathy; Jennifer Hudson. And I will close, Mr. Speaker, because I know people want to get on the road, but I will be… I will be so happy to know that each of you recognize the culture, the symbolism, dance and the joy that the black church brings every Sunday morning to its parishioners and then, from that, we develop the kind of list that I just read. Have a very happy African- American celebration. Thank you."
"Mr. Riley."
"A point of personal privilege, Mr. Speaker."
"State your point."
"Thank you. Last week I honored Dr. David Blackwell, professor emeritus at the University of California-Berkley with the daily Black History honor. I passed a Resolution 09600018.doc 27 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 honoring this giant in statistics from Centralia, and I'm going to be sending it to him next week. But I have a piece of letterhead and it's in the annex room on the Democratic side and I'd like for people to just pass by, just write a little congratulations to Dr. Blackwell on it, if you could, before we adjourn today. Thank you."
"Representative Mendoza."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. We've had a lot of great guests today, but I'd also like to welcome Mr. Jim Liautaud, a clinical research professor from the University of Illinois in Chicago who's visiting our capitol for the first time. He's up in the gallery. If you could stand, Jim. And throughout his lifetime, Mr. Liautaud had contributed greatly to the citizens of our state as a successful business owner who has contributions in the field of research and as a leader in the area of emotional intelligence. The UIC Liautaud Graduate School of Business carries his name, and it's my pleasure to welcome him to the people's House today. Please join me in giving Mr. Liautaud a warm welcome."
"Mr. Thapedi."
"Thank you, Mr. Speaker. A point of personal privilege."
"State your point."
"Mr. Speaker, in conjunction with Black History Month, I'd like to honor Illinois Supreme Court Justice Charles E. Freeman, who strives to make the state judicial system accountable and accessible to its citizens. Justice Freeman, whose surname was probably adopted when Quakers 09600018.doc 28 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 freed his father's family before the Civil War, was born in Virginia in 1933. He received a bachelor of arts from Virginia Union University and a juris doctorate from the John Marshall Law School. In 1997, he was the first African American to be elected Chief Justice of a Supreme Court of Illinois. Governor Otto Kerner appointed Freeman arbitrator of the Illinois Industrial Commission in 1965. In this position, Freeman heard and wrote decisions on more than two thousand work-related injury cases. Eight years later, Governor Dan Walker appointed Freeman to the Illinois Commerce Commission where he and four other commissioners regulated the public utilities of the state's pipelines and trucking industry. The function of the Illinois Commerce Commission was to 'stand in the shoes of competition'. They regulated the rates that could be charged for telephone, electric and gas throughout the state and maintained safe practices in other industries. Having practiced law from 1962 to 1977, Freeman was elected to the Circuit Court of Cook County. In 1982, he swore in his friend, Harold Washington, as the first African- American mayor of the City of Chicago. He inducted Washington for a second term in 1987, after having been elected to the Appellate Court First District. Justice Freeman was the first African American elected to the Supreme Court in 1990 and in 1977 (sic-1997), he was elected Chief Justice. Fulfilling his pledge to polish the court's administrative projects for the next century, he took the questionable marriage fund to task, stressed the need for mentoring programs, an high standard for public 09600018.doc 29 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 servants, and additionally tackled the prosecutorial misconduct. He aloofinated the court's responsibilities and capabilities in a 1996 in the Chicago Defender. On November the 5th, 2000, Justice Charles Freeman became the Illinois Supreme Court senior member when he was retained for another 10-year term. Justice Freeman had received dozens of prestigious awards for his professional and volunteer work. He married his wife Marylee in 1960 and their son, Kevin, is a partner in a major Chicago law firm. Thank you, Mr. Speaker."
"Mr. Stephens."
"Thank you, Mr. Speaker. If we're finished with that… with that Order… I don't want to be impolite. Thank you, Mr. Speaker. Under the appropriate House Rule, I move to discharge… the discharge of House Bill 2503 from the House Rules Committee. Under Rule 54(a)(2), all Motions are assigned Standard Debate status, and I wish to debate my Motion. Upon the conclusion of the debate, I ask for a recorded vote on the Motion to Discharge and under Rule 49, any vote shall be set by record whenever five Representatives, that I'm joined with from your side of the aisle and mine, I'm sure, shall so request. There are at least five Members on our side of the aisle that wish for a recorded vote on the Motion to Discharge the Amendment from the House Rules Committee."
"Representative Currie."
"Thank you, Speaker. I object." 09600018.doc 30 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009
Speaker Madigan: "So, Mr. Black, you know that upon the objection of Representative Currie your Motion is out of order."
"No, Mr. Speaker, I didn't know that. I didn't hear that. I can't imagine why anybody would object to a…"
"I thought I was speaking to Mr. Stephens. I'm sorry."
"I'm sorry, what?"
"I thought I was speaking to Mr. Stephens."
"Well, I don't know, my light came on. I was excited."
"Yeah. Mr. Stephens, do you wish to appeal to Mr. Black?"
"And Mr. Speaker, now we're… now you've got us both. You know, I don't blame you. You looked right at me and you said Representative Black. We are often confused more for our attire than our intellect."
"All right. Right. So, you'll yield to Black."
"Momentarily."
"Do you wish to speak now?"
"Oh, for just a moment."
"Proceed."
"I want to… I want to yield for just a moment."
"Proceed, proceed."
"And then, I'd like to close for Mr. Black."
"Mr. Black."
"Thank you very much, Mr. Speaker and Ladies and Gentlemen of the House. My friend and colleague's Motion is simply to let a Bill calling for a Special Election out 09600018.doc 31 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 of Rules. Well, Mr. Speaker, I don't think you can be opposed to this 'cause I'm holding in my hand a memo that I received from you, in fact all Members received from you, dated Monday, December 15, saying that the House will convene on Monday, December 15 at 3 p.m. The House Elections Committee will be scheduled for Monday, December 15 at 3:30 p.m. to consider a change in State Law to provide for a Special Election for the United States Senate replacement. Mr. Speaker, on that day, I left heart, home, my trustworthy and loyal and loving dog and my spouse to come down here, not necessarily in that order, but I traveled at some risk to come down here, as you ordered me to do… Excuse me. …as you asked me to do and all Members of the House to vote on a Special Election for the United States Senate replacement. We got down here and you had decided that maybe we shouldn't do that. From that point on, Mr. Speaker, you've had this issue under review. The Attorney General of the State of Illinois today issued a legal opinion that said a Special Election is in order. I know you don't want to go against the Attorney General of the State of Illinois. All we're asking for, and I'm shocked, shocked at the Majority Leader's objection and I know some of you. Representative Franks, I'm going to call you out. You've said publicly, he wants a Special Election. I want a Special Election. Dan Hynes wants a Special Election. Governor Quinn wants a Special Election. Senator Durbin said he did, he didn't, but he might. I don't know where he is today. This issue will not go away. All the gentleman is doing is saying, release a Bill 09600018.doc 32 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 calling for a Special Election and let you vote on it. Under review, postponed, we can't act on it. What you're doing is playing a basketball game with no shot clock. You're holding the ball in your court, and you don't care if the game's over and the score is 0 to 0. I care; the people I represent care. We want the people to decide. Let them have a Special Election and by your actions today, you're telling the people of Illinois no Special Election. We're happy with the status quo. That's not good enough."
"Representative Myers."
"A point of personal privilege, Mr. Speaker."
"State your point."
"I would like the Body to join me in wishing my wonderful seatmate, Suzie Bassi, a happy birthday. Today is her birthday, so let's all wish her a happy birthday."
"Representative Tracy."
"A point of personal privilege."
"State your point."
"I would like to continue with the discussion that Representative Black in his eloquence has so ably defended, but you know, in life it's rare we get second opportunities. But we have another opportunity at redemption. We have another opportunity to take the high road. Attorney General Lisa Madigan just issued an opinion that's very vital and important giving us another opportunity to enact and pursue legislation for a Special Election of a U.S. Senate seat. Our state constitutional officers, many of them along with our federal officers and Representatives, are calling for the resignation of Senator 09600018.doc 33 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 Burris. And what have we done as a Body to support their request to work with them as a team? In December, we were called for Special Election. We lost that opportunity. We let it fall. We did not pursue it. Last week, we filed Resolutions asking that we dis… we called for as a Body called for the resignation of Senator Burris. We also filed a Resolution, I was the Sponsor, to ask that the U.S. Ethics Committee in the Senate investigate Senator Burris and expel him from the U.S. Senate. Those Resolutions have been locked up and not discharged from the Rules. Do we really want to work to remove the cloud of corruption and dishonesty that hovers over our state or do we want to begin to work today to do special legislation for this Special Election? We can remove this cloud and act, if we choose to do so, as a Body. Just like our past Governor Blagojevich, Senator Burris had indicated he will not resign. It is up to us to take action. Many of you have talked about the cost of Special Elections. I question whether we really have been given an accurate account of how much a Special Election would cost, but let's consider what the cost of the state of corruption and dishonesty have brought us to this financial strait at this point. It's a tremendous cost. My constituents and I suspect many of yours find the value of clean, open, honest government priceless. Thank you, Mr. Speaker."
"Mr. Stephens."
"Well, thank you, Mr. Speaker. I don't understand… excuse me… why the Majority Leader would object to my Motion to Discharge. And you know, this is the same 09600018.doc 34 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 Majority Leader that in the… in the impeachment hearings didn't object when your Members shouted down our Members who were trying to make reasonable… ask reasonable questions of the trailblazer. The trailblazer, after swearing an oath to tell the truth, the whole truth and nothing but the truth, in answer to our questions, the response was there was no objection from the Majority Leader when your Members interrupted us, broke the chain of questioning and then gave the trailblazer an out, an out from the truth. The truth is that Roland Burris does not deserve to be in the United States Senate. The truth is that Illinoisans deserve a right to vote. What is it about your control of this Body that makes you want to… not even… not just not give us the right for an election, but not even debate it. Not even debate it. All we want is to bring the Bill to the floor, give us an honest debate, to vote it up or down, but no, no, whatever control you have, you had control of the committee and you abused that power. You have control today and you abuse your power. Majority Leader Currie, I ask you to consider to withdraw your objection."
"Mr. Eddy."
"Thank you, Speaker. And I… I sit here and ask myself what it is we're afraid of. Why would… why would anyone object to allowing elected Representatives throughout the state to openly debate the issues related to a Special Election so the people of the State of Illinois have an opportunity to vote on a U.S. Senate seat that is so clouded with controversy, that the average person in this 09600018.doc 35 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 state, if they're asked, have begged that we allow them to vote on the future of this seat. What are we afraid of? Why would we object to democracy? Why would we object to an open debate? Representative Tracy brought up several very good points regarding possible objections. We don't even get the chance to talk about the objections in this Body. We don't even get the chance to fairly debate what may be one of the most important issues to the citizens of the State of Illinois. The only conclusion that you can draw from that is that the folks that are in charge of this chamber could care less what the people of the State of Illinois want. What they care about is controlling every single aspect of State Government to the point that the peoples' vote doesn't matter. That's what they're saying today. You don't matter. People of the State of Illinois, you don't matter, I know best. I object. I don't want there to be a vote and that's all there is to it. It's not about democracy; it's not about open debate. It's about control. The only way that this state is going to get back on the path to a transparent government is to inject the will of the people into its government. They are the disinfectant. This is a cesspool that needs cleaned up. Mr. Speaker, out of decency for the foundations of democracy, please allow us to debate one of the most salient issues to the people of the State of Illinois. Give us an up or a down vote on whether or not we should have a Special Election, and let's begin to restore the peoples' faith in this place."
"Mr. Bost." 09600018.doc 36 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009
"Thank you, Mr. Speaker. This just goes to show you again the problem with the rule that I argued when we first passed the rules of this House. One person has now decided that we are not going to have even a debate on the possibility of a Special Election. As the former speaker said, you can vote it up or you can vote it down, but at least do what the people have sent you here to do, debate the issue. But no, you let somebody on your side of the aisle say… stand up and say no, I object and now we don't even talk about it. It might be that it will pass. I was… it was my hope that it would pass, that we would have a Special Election and that we allowed the people of the State of Illinois to get rid of and to move forward someone who could be trusted and understood in the Senate that… that is our Senator. I heard a phrase today that I guess bothers me a little bit. Once again, from being from the State of Illinois, there's a new phrase that's on the street, if someone is bothered by something it's an emburrisment. Now, whenever it becomes such as joke as this, we need to move forward with good government, sensible government, good government in allowing the debate to occur here on the floor, not have one person shut it down. Good government is also then moving it on to the people and allowing them to vote."
"Mr. Reboletti."
"Thank you, Mr. Speaker. A point of personal privilege."
"State your point." 09600018.doc 37 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009
"Mr. Speaker, as I look at my House Resolution last week, that was objected to by one person, urging Senator Burris to resign. Last week, now we're at a new week and things are worse. Senator Burris has lost support from those who backed him initially, weeks ago, before we knew that he lied to the special impeachment committee. It was also nice to see that some of my Democratic colleagues joined me on this Resolution urging Senator Burris to do the right thing and to resign and open up the opportunity for us to have a Special Election. But when I see my Democratic colleagues on the other side of the aisle talk on radio and on TV, they talk about the fact that they're for Special Elections. I would urge you to not only join my Resolution but to join me and the House Republicans and some of your colleagues to vote to not sustain the Chair and to allow this Bill out of the Rules Committee so that once and for all we can debate the issue of Special Elections. If the vote fails, sobeit, but then the people of Illinois would have the choice. Let the media vet the candidates. Let the voter vet the candidates and let the best person win. But at least that person will have been chosen by the 13 million people that live in this state. Thank you, Mr. Speaker."
"Mr. Stephens."
"Well, thank you, Mr. Speaker. Under House Rule 57(a) I move to appeal the ruling of the Chair that there be no recorded vote to discharge House Bill 2503 from the House Rules Committee." 09600018.doc 38 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009
"The Gentleman has moved to appeal the ruling of the Chair. Those who wish to support the Chair shall vote… The question is, 'Shall the Chair be sustained?' Those who wish to support the position of the Chair will vote 'yes'; those against will vote 'no'. The Clerk shall take the record. Have all voted who wish? The Clerk shall take the record. On this question, there are 68 people voting 'yes', 46 people voting 'nay'. And the Chair has been sustained. Mr. Stephens."
"Speaker, I would… I would ask for an inquiry. There has to be something along with the… wrong with the electronics in the… in the chamber. I have seen public record of many of your Members on your side of the aisle calling for a Special Election. When they're talking to the press back home, talking to the constituents back home, they say one thing, but when they come down here they do another. I think it's an abomination. I want the people of Illinois to know each and every one of you when you're talking back in your district saying one thing and coming down here and voting another, you're going to have to pay a price."
"Mr. Hannig in the Chair."
"Representative Bost, for what reason do you rise?"
"Thank you, Mr. Speaker. Representative Reis needs to be added to the excused list today for the… on the Republican side."
"The record will so reflect. Mr… Mr. Clerk, would you read House Resolu… Resolution 132 for the Body." 09600018.doc 39 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009
"House Resolution 132, offered by Representative Brosnahan. WHEREAS, The members of the Illinois House of Representatives are pleased to honor our esteemed colleague, State Representative George Scully, for his many years of dedicated service to the people of the 80th District and the State of Illinois; we also wish to congratulate him on his appointment to become a judge in the Circuit Court of Cook County; and WHEREAS, George Scully was first elected to office in November of 1996; he has served with distinction for more than 12 years; he has remained mindful of the incredible trust and responsibility placed in him by his constituents to look out for their best interests and those of the people of Illinois; as a man of impeccable integrity, independent thought, and keen intellect, he has brought honor to his office and to this body; and WHEREAS, Representative Scully has been the epitome of a scholar and a gentlemen; he has always treated everyone equally and gone out of his way to show particular kindness and appreciation to his legislative staff; always unfailingly professional and polite, he has never hesitated to reach across the aisle to make common cause with colleagues on the other side of the partisan divide; throughout his legislative career, he has conducted himself according to the wise words first articulated by President Harry S. Truman, "It is amazing what you can accomplish if you do not care who gets the credit"; and 09600018.doc 40 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 WHEREAS, Representative Scully has played a key role in helping to pass legislation to improve the lives of his fellow Illinoisans, including measures to increase the minimum wage, expand health care access to the uninsured, revise the State's telecommunications laws, modernize the workers' compensation system, create incentives for economic development, improve schools, increase public safety, and strengthen ethics and elections statutes; and WHEREAS, In the 95th General Assembly, Representative Scully served as the Chairman of the Electric Utility Oversight Committee; in that capacity, he helped to shepherd to passage legislation to roll back State-wide electric rate increases, to provide rebates to consumers, and to implement significant reforms to the State's laws governing power procurement; and WHEREAS, Representative Scully has helped to make a difference in the South Suburbs through his volunteer work; his civic participation includes the Chicago Southland Chamber of Commerce, the NAACP South Suburban Chapter, the National Council of Jewish Women, and the League of Women Voters; he has also been the sponsor of numerous youth sport teams; and WHEREAS, For the last 13 years, George Scully has run a successful private law practice, primarily representing financial institutions and small businesses; he is an adjunct professor at Governor's State University, where he teaches business law; he previously worked as the Senior Vice President and General Counsel of both Amalgamated Bank of Chicago and Cole Taylor Bank; and 09600018.doc 41 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 WHEREAS, George Scully is a proud graduate of Brother Rice High School in Chicago, Northern Illinois University, and the John Marshall Law School; and WHEREAS, George Scully and his wife, Barbara, are the proud parents of three daughters, Elizabeth, Christine and Amanda; Barbara has also helped George to operate his law practice and has always been his partner in the fullest sense of that word; and WHEREAS, George Scully is an accomplished marathoner, having traveled as far as Dublin, Ireland to compete and having also qualified and run in the Boston Marathon; he has served as the leader of a prestigious and exclusive running club that ran regularly in Springfield's Washington Park during the early morning hours; club members affectionately referred to Representative Scully as "Sarge" and "the Big Toe"; they were greatly appreciative of his supreme generosity in sharing running gloves and other gear to unprepared runners; they were often mesmerized by his high tech gizmos and running accessories; and WHEREAS, While the members of the Illinois House are sorry that Representative Scully is leaving our ranks, that feeling is greatly tempered by the knowledge that he will continue his exemplary service to the people of Illinois as a jurist; therefore, be it RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we wish State Representative George Scully all the best in his future endeavors and congratulate him on his service to the people of the State of Illinois; and be it further 09600018.doc 42 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 RESOLVED, That a suitable copy of this resolution be presented to State Representative George Scully as an expression of our deep esteem and respect."
"Representative Farnham, for what reason do you rise? Representative Farnham, for what reason do you rise? Representative Farnham, are you seeking recognition?"
"A point of personal privilege, Mr. Speaker."
"State your point."
"I would just like to recognize today the City of Elgin people that are down here. I'm sure everybody's very aware that they're here. Probably have seen the trees and had their lunches, hopefully. I'd like to recognize that Mayor Schock has been here, Dr. Sam… Mayor Schock of Elgin and Dr. Sam of Elgin Community College. Dale Lonis of the Elgin Symphony and Dr. Torres of U-46. He's the superintendent and a very, very fine superintendent. And I would also like to mention that Libby Hayes, a wife of a former State Representative, is also here."
"Thank you. Representative Brosnahan."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. You know, I realize today is get-away day and people are going to be in their cars on their way home shortly, but I just wanted to take a few moments to congratulate George Scully on his appointment to the Circuit Court in Cook County and wish him the best of luck as he begins this new chapter in his life. I know George is going to do a tremendous job on the bench. George and I were both elected in 1996, and George has always carried himself with professionalism. He's always been eager to 09600018.doc 43 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 get to the… the issues that matter most to him. He hasn't been afraid to take on complex legislation, and I'm thinking about electric deregulation, so I know he's going to do a great job. And in addition to being elected in 1996 with George, I also had the privilege of graduating from the same high school as George Scully, the greatest high school in the City of Chicago, Brother Wrights High School. It's on the southwest side. So, I just wanted to take this opportunity to talk a little bit about George, and I'll try to be brief. But some people come down here and they become social directors; they're great at organizing dinners for Legislators and staff and lobbyists and George, in his own way, was a social director, but it involved one of his passions which was running. George, even before he came down here, was a great runner, accomplished marathon runner, and he would always try to get people involved in these morning runs, and I've been lucky to be a part of those runs for a number of years now. Just this morning we went out, it was George Scully, myself, Representative Kevin Joyce, David Dring and Mike Casper. And we'd meet at 7 in the morning at the Stratton Building, we'd run to Washington Park and through the park, and it really is a great way to start the day. George… a lot of people when they run they don't want to talk. They just want to run and that's it, but if you run with George Scully, you should know that that's all George does. He talks the entire time, whether it's about legislation, whether it's about family, any other issues, but we talk the whole time on the run. George is… is really… always 09600018.doc 44 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 gone out of his way to be kind to me. He's been great to all of our colleagues here in the House, and I know we're certainly going to miss him. And I just want to tell one story and that's, George has always been kind of the unofficial leader on these runs that we do every morning. He determines how far we're going to go, the route that we take, the pace that we take, and on those rare occasions when George doesn't show up and it's either David Dring or Kevin Joyce, myself or Casper and we have to lead, we invariably will end up either on a dead end street or a busy street with no sidewalks, or someone's backyard. So, it always feels good the next day to show up at 7 in the morning and George is going to be there. So, I talked about the one passion that George has which is running. He also has two other passions. The first passion is his family, his wife, Barbara and his three girls. George always talks about Barb and his three girls. I don't think a father could love his daughters more than George Scully does. His other passion, as everyone knows, is George is a lawyer. He takes great pride in being a lawyer. He loves the law and… and I know he's just going to do a great, great job on the bench. So, George, as you continue your service to the public, please remember that you have been an excellent Legislator. You've been a great friend to me as well as countless others in this chamber, and we wish you the best of luck. Thanks, George."
"Representative Froehlich."
"Thank you, Mr. Speaker. This Resolution leaves out one part of George Scully's legacy in the House. He's one 09600018.doc 45 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 of a handful of Legislators who have ever served in this Body to be permanently enshrined on the Century Club trophy. I happen to remember it because I was the Chief cosponsor on the Bill that… his infamous Bill. And as the current trophy holder, I want to say to a past holder, it's been a pleasure to serve with you, George, a job well done."
"Representative McCarthy."
"Thank you, Mr. Speaker. I want to join my colleague from the class of '96, Representative Brosnahan, to congratulate George and salute him for the fine service that he's provided to his constituents as well as the rest of the residents of the state. When George, and Jim and Eddie Acevedo and a few of us came down here in January of '97, there were at least 60 people in this House that were really, really, really happy to see us, and there were 58 people that weren't all that happy, but I think George, from day one, started reaching out to the other side and has certainly made a lot of friends, and he even decided for his last two months to sit over on the other side with you. So, I think that is a testimonial to George's bipartisanship. But being from the south suburbs, I know how hard you worked to get here, and I know how hard you worked to make sure you do a good job for the people while you've been here. So, congratulations."
"Representative Winters."
"Thank you, Mr. Speaker. I rise to honor George Scully. As the founder of the Century Club, George was the first inductee that I was able to pass the trophy off… off 09600018.doc 46 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 on, and I want everybody to understand that all the accolades that he has, you really have to have a stinker of a Bill to get a hundred red votes, and I demand a recorded Roll Call vote on this Resolution, and we will bring Brosnahan in to replace Scully."
"Representative Lyons."
"George, I guess like everybody else, we just… we're all very, very happy for you. Although these last days are undoubtedly going to be very bitter sweet. Some of us will leave on our own accord for reasons that we want, others may have other reasons why we don't come back. So, at least you're doing it on your own… on your own accord and to become a judge, what a great honor and what a great tribute to you. George and I for… a few of you that may know of… we're part of that late night club back in the Stratton office. So, sometimes we'll run around and do our dinner things or go to the different groups that are going and having a… receptions and then meet back at the Stratton. So, George and I had that neat little… a common… you know, a little late night session wrapped on what's going on the next day, and I do agree with you, Jim, his commitment to his beautiful wife, Barb, your three beautiful daughters. I don't know if they're going to be able to stand having you around all the time and not down here for at least part of the year, but you deserve this honor. On behalf of all of us, we're all very happy for you. And I don't know if I'd be too happy about coming in front of this guy with a pair of… with black robes on and in court, but we'll see you, George. All the best to you." 09600018.doc 47 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009
"Representative Miller."
"Thank you, Mr. Speaker. I want to add into the congratulation of George Scully. I first met George actually on this floor when he had just gotten in, and I think former Representative Charles Morrow introduced us as the… as the Democrats retook the House, and I remember you giving me some advice. Since then, and in numerous occasions as when I was… when I first was interested in running for office that I use today which was one is, let's not talk between the two of us. You have to go out and meet other people which I would have talked to… give advice to anybody in here, too. But I also want to thank you for your support on the third airport issues. You've been a very strong supporter trying to develop our region even though your area is a little more affluent than mine, you've looked at the southland as a complete package. You've worked with myself, Representative Will Davis, Riley and many others to truly cha… and Bob Rita to really champion our issues in the southland and to make sure that we're heard. The other piece of… the other point I want to bring up, George has worked with black lettered Greek fraternities in part of his scholarship program. I know he's worked very closely with Marlow Colvin's fraternity, the Alphas, in awarding some or your scholarships, and it really proved… proven a link between the black Greek letter fraternities and sororities and youth, and I believe you've been a champion on issues in which you've brought up to be more sensitive and particularly in Black History Month. So, we want to thank you for that. But the other last 09600018.doc 48 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 point I want to make is I know it's been very difficult on your family. You've been able to maintain a law practice and also come down here. I definitely understand that in addition to balancing a family. And that becomes very difficult and you get very lonely at times, and it just, you know, provides a certain… a certain pressure more so than maybe some others down here. And so, you've always held your head up; you've always not been able to bring, you know, maybe some difficulty that that situation brings here, and I want to just commend you, too, on your professionalism and your expertise and most importantly your friendship that we've developed between our families. Thank you very much."
"Representative Black."
"Thank you very much, Mr. Speaker. I object to the Resolution. I'd like to go back… I'd like it to go back in the Rules Committee, and I would like a Roll Call vote on my Motion. Ahh, I see. How foolish of me. We don't have elections around here. I forget. I would like to have a Roll Call on this because I don't think it would pass. I think many of us would like Representative Scully to stay. He's going to be a loss to this process, a loss to the chamber. George, I wish you the very best on the bench. I would echo and I don't want to be redundant. He's a gentleman. He's always been approachable. He's always been someone you could talk to about a difference of opinion on legislation. He would come over and offer his opinion on how you might make your legislation better. He is what I think all of us try to be, sometimes we don't 09600018.doc 49 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 make it. But he is an outstanding Legislator, a good man and I know we all wish him Godspeed and best wishes on the bench. All I can hope for is that none of us get caught for speeding in his jurisdiction. Good luck, George."
"Representative Joyce."
"Thank you, Mr. Speaker. George, our families go back a long way, back to the old neighborhood. And fortunately, for the people of Homewood Flossmoor, you moved out and started your family there, and they were honored to and lucky enough to have you represent them down here for the last 12-plus years. But for the last six years, I've learned much from you. First of all, probably most importantly, is to keep your perspective. And I think one quick story of what perspective is for all of us Members is and Jim and Kevin and David all talked about George commit… George's commitment to his family. On those mornings that we were running that George wouldn't show up, the reason he wouldn't show up is because he would drive over to see one of his daughters at the University of Illinois and have dinner with her and make sure that her studies were going okay, and I know that because I was hurt the most by that. Because when Dring and Casper would lead the runs the fat guy would be a couple miles behind, and if you look at the guys that were on the runs, you can figure out who the fat guy was. And… and that hurt me the most because sometimes I would get lost coming out of Washington Park and fortunately for me, one of them would come back and try to direct me back home. But on legislation, George could give you both sides of every issue. Sometimes you couldn't 09600018.doc 50 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 figure out where George was, and that's why I think he's going to be a great judge because I'm sure a few Members that needed his vote went to him and asked him for his vote. After you got done talking to him, you didn't know where he stood because he would tell you how horrible your Bill could be and in the next breath, he would tell you how great your Bill could be because he would see all sides. And for that, he was actually a very judicious Legislator. And we will… I have been blessed, personally, I want to thank you for all the help you've given me in the last six- plus years and wish you nothing but the best to you and Barbara and the girls. And I know that the people of Cook County will be served very well with you being on the bench. Thanks, George."
"Representative Reboletti."
"Thank you, Mr. Speaker. I know it wasn't that long ago that I was doing my first Bill and as I was being railed on by my fellow colleagues here, I didn't realize that Representative Scully wasn't really railing on me he was just asking real questions of my Bill and so, I had to make sure that I answered correctly. But one of the things that I will always remember about George is that any type of Bill that came up to deal with any type of legality, criminal law Bills, civil law Bills, George would come over or we would talk and talk about if the Bill was going to work, do what it was supposed to do and benefit the people. And George did come over here, besides the fact that he's now moved on to the Republican side and is really truly bipartisan, we wanted to make sure the Bills were right. 09600018.doc 51 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 And you did that, George, because you wanted to make sure that it wasn't about Democrat or Republican, it was about making good legislation, things that were constitutional. And that temperament and that judgment will serve you well on the Cook County bench. So, congratulations and good luck to you."
"Representative Bradley."
"I stopped by George's office the other day and he was in his office reading through a traffic law manual. He's going to do traffic law. And I said George, what are you doing? You trying to get up on your traffic law. And he says, I'm trying to find out which violations have the largest penalties. I would not want to be in front of George Scully in traffic court. In all seriousness, tender, laidback, relaxed, easy going, soft, these are not words I would use to describe George Scully. I had… I heard it once remarked about Representative Scully when I came to Springfield, he's not as grumpy as he looks. And if you ever got in his line of vision in committee, he could take you apart, but he never did it out of maliciousness. He never did it out of meanness. He did it because he had a commitment to his duties as the Legislator and his duties to the people of the State of Illinois. George Scully asked me to give the opening speech at the electric rate hearing two years ago. He's been a mentor; he's been a friend; he's been an ally. Has a keen mind and a true heart, and all of us in this process is going to miss George Scully, but the State of Illinois is a better place because George Scully served here with us during his 09600018.doc 52 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 period of time. And it will be a better place because George Scully will be a wonderful judge. God bless you and your family, your daughters, your beautiful wife, George. Thank you for sharing these years with us."
"Representative Durkin."
"George, I… We've had some interesting moments over the past few years, a lively debate over electric generation, UCC, but you know, you're going to do a fine job on the bench. And I hope that some… yeah, when you leave here, that there's no paybacks 'cause up in front of you I'll consider an SOJ, but I hope that's not going to be the situation. But I think, when I look at the Resolution, George is a very humble person. You forgot one of his finest moments of his life was his… was his passion for higher education and particularly of a… about a quaint, little university in the western suburbs called Maguire University. George was an outspoken advocate for their message and also for their cause and that is well- documented. It'll be a stuff of legends in the future and I know that the community of Maguire University and families thank you for your dedication to their cause. I think nobody else will understand this in this chamber other than you, George, correct?"
Speaker Hannig: "Representative McGuire. Representative McGuire."
"Thank you, Mr. Speaker. George and I have been officemates, I believe, since George came to Springfield, and I never had a better officemate. But fellow runner, as 09600018.doc 53 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 they say in Ireland, may the road raise to greet you and the wind be at your back and best wishes, judge."
"Representative Graham."
"Thank you, Mr. Speaker. I was reflecting as Kevin was talking about George and when he said sometimes George would come and talk to you about the Bill and you wouldn't know which way George was going. You guys know I carry some legislation that has fire written all over it sometimes, and I was in committee and George said, can we… can we talk for a few minutes? And I said, sure, you know. And I got the distinct impression that George really didn't like that Bill, but I also… my heart just warmed over because George was willing to go in the trenches with me about that Bill. He said, now, this is what you've got to do about… when you present this Bill. And he gave me a couple pointers and he said, you know, this is really not a good Bill, but I'm going to stick with you, I'm going to stick with you. But, you know, you're really going to have a hard time with this Bill. And George and I hadn't worked together on very many Bills, and I had lobbied him on a number of pieces of legislation that I had. But, I tell you, just the mere fact that he was willing to give me some pointers and help me not get hit by the freight train that was coming, I was really renewed in my confidence of people are willing to help you even though they may not like some of the stuff that you carry. And George really helped me out in that regard, and George was my testimony for the rest of that week. I told everybody. George Scully helped me this week. You know, I said, George helped me. And I 09600018.doc 54 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 just really appreciate that, you know, the… the comfort that you gave me in just trying to give me some pointers on what you thought was a bad piece of legislation, but you didn't, you know, throw the baby out with the bathwater. So, I appreciate that, and I know that the people that you're going to go serve in the judicial system that you're going to really do them a good and fair service. And I look forward to seeing you somewhere in the outside of these walls passing by, and I can always say, you know, this place has opened up a lot of doors and introduced me to a lot of people, but I'll say that that's Judge George Scully, and I used to work with him and I'm taking pride in being able to say that. Congratulations, George."
"Representative Will Davis." Davis, W.: "Thank you very much, Mr. Speaker. I, too, want to simply lend my voice to everyone else in the chamber in congratulating my colleague, George Scully, who's been appointed to the bench. And I've heard a lot of stories about how George has been able to take a Bill and dissect it and understand both sides of the issue and I, too, have been a beneficiary of his wisdom and his knowledge. It's just that after he got done talking to me, I walked away more confused about the Bill than when I went to him in the first place. But nevertheless, that's a tribute to his intellect and his desire to be… to be of assistance, especially to our newer Members. There's no… there's no mistake that George is a smart individual, very intelligent, very intuitive, very thoughtful individual. And we've all benefited from his wisdom and his knowledge, 09600018.doc 55 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 whether you've been on committees with him or had Bills and he's questioned you on Bills, but one of the things that I'll take away from the time that we spent together, George, unlike the time that I think you spent with John Bradley that was tender and soft, we didn't have any of those moments. But one thing that I will take away is one of the things that I… that I… I really appreciated about you that was important to me is that you realized and acknowledged the diversity of your district and that's very important. You really did. You recognized the diversity of your district. You stood with us and you supported programs that assisted minority students at Prairie State College, and I'm sure Prairie State is going to miss you being that voice and that advocate for them as well, but you… you understood that. And I remember when there was some challenges that several of our districts were facing as it relates to their athletic programs and how there seems like some of the school districts were separating and you had, what appeared to be, districts getting together who didn't quite have the diversity in their schools that other districts had, and it just appeared in not the best way. And you and I had a lot of conversation about that, and I appreciated that because you were fair and you were honest in your assessment of what was going on in those districts. And… and just thinking about how you handled that situation, I can only imagine the type of… of jurist you're going to be. You're going to be fair; you're going to be impartial. And so… so, even though we're losing a great Legislator, the bench is going to be gaining an 09600018.doc 56 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 excellent judge. And I wish you well in that endeavor and look forward to supporting you when you come up for retention whenever that may be, but I look forward to supporting you in your efforts of retention 'cause we want to make sure that we keep George Scully on the bench in Cook County. Thank you very much, George, for your service. Enjoy."
"Representative Riley."
"Thank you, Mr. Speaker. You know, we're very close, out in the south suburbs. We south suburban Legislators we've known each other a long time. Certainly, I've known George a long time and for some of you, it may sort of be a goodbye, you may not see him in a while. For me, he lives near a famous brew fra… brew pub in Flossmoor, so I'll see him quite a bit even still. One of the things… and I will keep this brief… that George said about me when I came down to this chamber, he said, yes, I know Al Riley and you know, he's done a lot out in the south suburbs. And so, the person questioning him from a newspaper says, Well, is there anything, you know, that's negative about him? And he says, Well, no, but he… well, sometime tends to be loquacious. Now, this is coming from George Scully? But seriously, George, you've done a tremendous job, and I echo some of the things that Will Davis has said. I mean, I think that people in your district and my district, all over, know your concerns and your recognition of the diversity of our area. That's what makes all of our districts rich and great and you know, you've done so much in your district and certainly, I remember when I sat on 09600018.doc 57 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 the board at… in Olympia Fields, how you would always come to meetings and let us know what was going on down in Springfield. So, you know, you will be missed, but you're going to go on and continue to do the great job you've been doing and one of the greatest honors that you've given me and some of the rest of us out in the south suburbs was when we would work on a project together and you would just say, I trust your judgment. Thanks, George."
"Representative Rose."
"Thank you. A point of personal privilege or to the Resolution. It'll shock no one that I have never jogged with George Scully, but I have talked to him a lot. And a couple of years ago, we were across the hallway and often he'd find his way into my office, and we'd talk and I'll tell you, there's… I don't know how many people here that know about natural law. I sat there one night for two hours and talked to George Scully about natural law. It was one of the most fascinating nights in my life. And I'll tell you, we are going to… my first as a freshman here I got on Judiciary and frankly, I was scared to death of you for the first year 'cause you are kind of a intimidating persona. And onetime I remember you, actually this was when you were chairing the electric utility discussion and boy, I'll tell you, I wouldn't have wanted to have been any of those gentlemen on the other end of your cross examination. But George, I… you've been a great friend. And something you told me the other day is absolutely right and you said, you know, in our country, in the United States, anybody can touch government, anybody 09600018.doc 58 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 can be in government, anybody can do anything they want to do. And George, once we become friends, I know this has been your dream, and you have certainly personified what you just said about people touching their government, taking their government and moving it forward. And I just wish you the best, my friend, George, thank you."
"Representative Rita."
"Well, I'd like to join in and congratulate you, George. You know, I'm going to be losing a seatmate, and I'm… was just wondering is it because we're on this side of the aisle or is it because of me. The… I know, not only am I going to lose a seatmate, I'm going to lose someone that worked with me out in the south suburbs on issues to our region, some issues… some legal issues that we worked on, some civil issues that he was help… very helpful and knowledgeable to resolve from myself. And I just wanted to add a congratulations. I know this means a lot to you."
"Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. Representative Scully, you know, your office was a few feet from mine down the hall and many evenings, as I exited my office, I saw the bright light still burning in yours, and we would stop sometimes and chat. And I know you'll continue to keep a bright light burning in the courthouse. Congratulations."
"Your honor, I see you were keeping some notes. Would you like to perhaps have some rebuttal time?"
"Thank you, Mr. Speaker. And I want to thank everyone for your very kind words. Over the… over the past several days, I've had a lot of chance to think about… about this 09600018.doc 59 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 moment right now and what I would say and so many different thoughts ran through my head about what's… what is the proper way to present yourself to your colleagues upon your resignation and I'm stumbling with it, I said, well, talk to the man with some experience. I said, Bill Black's resigned about seven or eight times now, and he was able to offer me no advice. The hour is late and consistent with the way I've always used this microphone. I promise I will be brief. It is a great honor to be standing here before you and… and to hear such… such kind words that you're saying for me. And… and I don't know if you… I want to point out some things that you… really hit me very hard. The number of people that complimented my wife and daughters and complimented me as a person because of them, that's a very, very high priority in my life. I can't go into details, but I think I firmly believe that one of the reasons that I got this appointment is because a couple of the Supreme Court judges got to know my family. And they're judging me, not by me, but by what they saw in my wife and my daughters are, and I'm tremendously proud of them. I'm proud to be a lawyer I love being a lawyer. I love the law. I love fighting for my clients. One of the most exciting things in my life is to take a side and fight for that client. I have to stop doing that tomorrow. I have problems with that. At noon tomorrow, it becomes unethical for me to publicly express an opinion on a political issue. I'm not sure this is going to work. One of the things I'm most proud of is within this room I have a lot of clients. A lot of you have come to me for… for 09600018.doc 60 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 legal services. And as a… one of the highest compliments a person can pay me is when someone from… calls me on the phone and says, Mr. Scully, I have a problem. I need your help. Will you help me? That's a huge compliment that I enjoy as a lawyer and… but we also enjoy that as Legislators. You work in your district offices; you know what that feels like. I get to do that as a Legislator but also as a lawyer. It's a great way to live. Mr. Durkin talked about Maguire University. I'm a very proud member of the Maguire University marathon running team. It was written up a couple times in Sports Illustrated. It is a totally fictitious university. There was once a bar on the west side of Chicago, succeeded in getting tickets to the NCAA basketball finals for 5… 10 years by writing in and saying where are the complimentary tickets for Maguire University. Maguire University, the marathon running team from Maguire University finished fifth in the team competition. At the 1994 Boston Marathon, we beat the team from West Point. Okay. It was the second string girls team, but we beat them anyway. Again, I promised I wouldn't… this truly is the House of Representatives. This is the one place in our state where the people of the entire State of Illinois can, in fact, send their elected Representatives here to… for raucous debate, sometimes bawdy debate but good, open debate on the issues. I came here 12 years ago. If you had told me 12 years ago the kind of trauma that I would have seen thrown upon our State Government that we've seen over the past 5, 6, 8 years, I would have questioned whether or not our State Government 09600018.doc 61 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 could survive. The corruption that we have had to deal with and the way our system has dealt with this has proven to me that this institution, our Constitution, truly does work. It has survived tremendous assault and it came out very strong. The way I can… What I'm very proud of as… I have worked… I didn't try to be somebody that I'm not. I've tried to be who I, am and I'm not saying that's the best person in the world to be, I'm saying that's the person I can be. So, I've tried to focus on being good at myself and without a doubt the biggest mistake I've made down here in the past 12 years was taking things too seriously. The best piece of advice I ever got down here on that topic was in April of 1997. Ron Stephens told me, oh, calm down. Ninety percent of this stuff is never going to see the light of day in the Senate anyway. As we go on, there's a couple pieces of advice I do want to give to you. Trust to the voters. They're really very smart people. They were smart enough to elect us. I'm very… I feel strongly that we can trust them and we can tru… they can handle the truth if we will have the courage to tell them the truth. Probably the greatest piece of advice I ever got about politics was in November of 1995, I was considering running for State Representative, and I went to the basement at Kevin Joyce's house to talk to his dad, State Senator Jeremiah Joyce. And he said, George, one of the most important things you got to understand is the people can totally accept the fact that you disagree with them. They will never accept the fact that they're being ignored. They didn't elect you because they agreed with 09600018.doc 62 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 you. They elected you because they trusted you, and they were very smart in doing so. The hour is late and we have a long ride home. I want to get everyone on their way. I want to ask you to remember the issue of trusting the voters. Remember the issue of, you know, to take… not take it too seriously, to let the bloody debate occur 'cause it is the House of Representatives, and we can get tremendous things accomplished, and we have tremendous work that we have yet to accomplish. Excuse me. I… you have tremendous work that you have to accomplish. I'm leaving."
"Mr. Clerk, would you add all the Members of the Assembly… of the House to the Resolution. And Representative Black, do you have a further comment?"
"Yes, Mr. Speaker, just a quick inquiry of the Chair. We'll revise and extend Representative Scully's remarks next week 'cause I think he endorsed a call for a Special Election. Thank you."
"So, now, all in favor of the Resolution say 'aye'; opposed 'nay'. The 'ayes' have it. And the Resolution is adopted. Congratulations. Mr. Clerk, now read the Adjournment Resolution. Excuse me. Representative Rose, were you seeking recognition?"
"Yeah. Mr. Speaker, I'm… I'm… a point of personal privilege and…"
"State your point."
"…after that happy occasion, I would be remiss… Illinois. I think, Mr… Representative Moffitt has a similar presentation, but Illinois has lost another soldier. This one in my district from Mattoon, Sergeant Scott Stream and 09600018.doc 63 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 if I may just take a minute. Mr. Stream was killed in Afghanistan on the 24th and he's from Mattoon, as I said. His mother reports that he loved the Army, believed in his mission. He wrote, apparently to a friend, the following: We see the world we love surrounded by enemies, poison and envy that wants to fall on all… on you like a storm of ruin. We who join with fake notions of protecting our country, see how desperate the peril, how hungry the enemy and how frail the security we have is. So, the more I love you, all the more I feel I must keep fighting for you. Sergeant Scott Stream left behind two parents, a wife and two daughters. And I would just simply ask that we take a moment of silence. Thank you."
"Representative Moffitt."
"Mr. Speaker, Ladies and Gentlemen of the House, in the same roadside bombing as what Representative Chapin Rose just mentioned, there is a soldier from my district that also died. It was Specialist Schuyler Patch, 25 years old of Galva, Illinois. It was in the same incident on Tuesday, February 24. Specialist Schuyler Patch was assigned to the Headquarters Troop of the 2nd Battalion of the 106th Calvary. And something that I want to tell you about him, we sometimes wonder where the heroes are, and we need to look no further than those that are serving our country and protecting our freedom. Specialist Patch graduated from Wethersfield High School in Kewaunee in 2002. He then enlisted in the National Guard. He had already served in Iraq in 2002, again, then in Afghanistan in 2006 and in 2007 and then late 2008 went back to 09600018.doc 64 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 Afghanistan again, so multiple trips over to this war zone. As you go home, as we pause to remember him today, and as you go home this weekend and think about all the soldiers. I ran across a quote on a plaque honoring another fallen soldier. It's as follows: 'Giving your life for freedom is not the worst thing, being forgotten is.' I hope you will join with me in rededicating yourself to remembering all fallen soldiers and specifically Specialist Schuyler Patch today. At the Strategic Air Command Museum there's a monument outside. I think a lot of you may have heard this or seen it, but it's freedom is never free, in fact, it's the most costly thing in the world. It cannot be purchased with a lump sum payment. Installments come due for freedom with each generation. Today, with remembering Sergeant Scott Stream and Specialist Schuyler Patch, we're remembering them for making another installment for our freedom, and we commit to not forgetting what they did. And if we could have a moment of silence for… also for Specialist Schuyler Patch. Thank you."
"Representative Stephens."
"Thank you, Mr. Speaker. In a… in a movie about the Korean War, the final scene, after having lost a few more airmen, the Commander says, Where do find such men as these? And I'm reminded today that we find them right here, and we always will, in America, here in Illinois, in the village, the towns, the cities that we represent. They've paid a dear price, and we owe them a dear debt, and we thank God for their lives." 09600018.doc 65 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009
Speaker Hannig: "Thank you, Representative Stephens. Mr. Clerk, read the Adjournment Resolution."
Clerk Bolin: "House Joint Resolution 22, offered by Representative Currie. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that when the House of Representatives adjourns on Thursday, February 26, 2009, it stands adjourned until Tuesday, March 03, 2009 at 12:00 noon; and when the Senate adjourns on Friday, February 27, 2009, it stands adjourned until Wednesday, March 04, 2009 at 12:00 noon."
"Representative Currie moves for the adoption of the Agreed Resolution. All in favor say 'aye'; oppose… the Adjournment Resolution. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. The Adjournment Resolution is adopted. Mr. Clerk, read the Agreed Resolutions."
Clerk Bolin: "Agreed Resolutions. House Resolution 119, offered by Representative Rose. House Resolution 120, offered by Representative Cross. House Resolution 125, offered by Representative Holbrook. House Resolution 127, offered by Representative Holbrook. House Resolution 129, offered by Representative Turner. House Resolution 131, offered by Representative Dugan. And House Resolution 133, offered by Representative Brauer."
"Representative Currie moves for the adoption of the Agreed Resolutions. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. The Agreed Resolutions are 09600018.doc 66 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 adopted. Are there any announcements? Then Representative Currie moves, that allowing perfunctory time for the Clerk, that the House stands adjourned until Tuesday, March the 3rd at the hour of 12 noon. All in favor say 'aye'; opposed 'nay'. The 'ayes' have it. The Motion is adopted. And the House stands adjourned."
"(sic – House Perfunctory Session will come to order.) Introduction and First Reading of House Bills. House Bill 3846, offered by Representative Beiser, a Bill for an Act concerning construction contracts. House Bill 3847, offered by Representative Mell, a Bill for an Act concerning the Department of Employment Security. House Bill 3848, offered by Representative Mell, a Bill for an Act concerning regulation. House Bill 3849, offered by Representative Mell, a Bill for an Act concerning elections. House Bill 3850, offered by Representative Mell, a Bill for an Act concerning elections. House Bill 3851, offered by Representative Tryon, a Bill for an Act concerning regulation. House Bill 3852, offered by Representative Tryon, a Bill for an Act concerning animals. House Bill 3853, offered by Representative Tryon, a Bill for an Act concerning regulation. House Bill 3854, offered by Representative Reitz, a Bill for an Act concerning economic development. House Bill 3855, offered by Representative Reboletti, a Bill for an Act concerning business. House Bill 3856, offered by Representative Reboletti, a Bill for an Act concerning employment. House Bill 3857, offered by Representative Reboletti, a Bill for an Act concerning nuisance activity abatement. House Bill 09600018.doc 67 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 3858, offered by Representative Tracy, a Bill for an Act concerning transportation. House Bill 3859, offered by Representative Franks, a Bill for an Act concerning safety. House Bill 3860, offered by Representative Franks, a Bill for an Act concerning employment. House Bill 3861, offered by Representative Franks, a Bill for an Act concerning insurance. House Bill 3862, offered by Representative Franks, a Bill for an Act concerning revenue. House Bill 3863, offered by Representative Burns, a Bill for an Act concerning civil law. House Bill 3864, offered by Representative McAsey, a Bill for an Act concerning financial regulation. House Bill 3865, offered by Representative Gordon, Jehan, a Bill for an Act concerning aging. House Bill 3866, offered by Representative Bradley, a Bill for an Act concerning employment. House Bill 3867, offered by Representative Gordon, Jehan, a Bill for an Act concerning revenue. House Bill 3868, offered by Representative McAsey, a Bill for an Act concerning revenue. House Bill 3869, offered by Representative Bradley, a Bill for an Act concerning criminal law. House Bill 3870, offered by Representative Gordon, Jehan, a Bill for an Act concerning public employee benefits. House Bill 3871, offered by Representative Turner, a Bill for an Act concerning transportation. House Bill 3872, offered by Representative Zalewski, a Bill for an Act concerning revenue. House Bill 3873, offered by Representative Pihos, a Bill for an Act concerning safety. House Bill 3874, offered by Representative Lyons, a Bill for an Act concerning professional regulation. House Bill 3875, 09600018.doc 68 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 offered by Representative Zalewski, a Bill for an Act concerning revenue. House Bill 3876, offered by Representative Chapa LaVia, a Bill for an Act concerning revenue. House Bill 3877, offered by Representative Holbrook, a Bill for an Act concerning local government. House Bill 3878, offered by Representative Bradley, a Bill for an Act concerning State government. House Bill 3879, offered by Representative Beiser, a Bill for an Act concerning State government. House Bill 3880, offered by Representative Cultra, a Bill for an Act concerning local government. House Bill 3881, offered by Representative Cultra, a Bill for an Act concerning civil law. House Bill 3882, offered by Representative McAsey, a Bill for an Act concerning education. House Bill 3883, offered by Representative Gordon, Jehan, a Bill for an Act concerning education. House Bill 3884, offered by Representative Gordon, Jehan, a Bill for an Act concerning regulation. House Bill 3885, offered by Representative McAsey, a Bill for an Act concerning criminal law. House Bill 3886, offered by Representative McAsey, a Bill for an Act concerning powers of attorney. House Bill 3887, offered by Representative Black, a Bill for an Act concerning animals. House Bill 3888, offered by Representative Black, a Bill for an Act concerning animals. House Bill 3889, offered by Representative Pritchard, a Bill for an Act concerning transportation. House Bill 3890, offered by Representative Ford, a Bill for an Act concerning criminal law. House Bill 3891, offered by Representative Ford, a Bill for an Act concerning education. House Bill 3892, offered by 09600018.doc 69 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 Representative Turner, a Bill for an Act concerning revenue. House Bill 3893, offered by Representative Hannig, Gary, a Bill for an Act concerning appropriations. House Bill 3894, offered by Representative Currie, a Bill for an Act concerning revenue. House Bill 3895, offered by Representative Hamos, a Bill for an Act concerning regulation. House Bill 3896, offered by Representative Madigan, a Bill for an Act concerning appropriations. House Bill 3897, offered by Representative Chapa LaVia, a Bill for an Act concerning criminal law. House Bill 3898, offered by Representative Brauer, a Bill for an Act concerning local government. House Bill 3899, offered by Representative Chapa LaVia, a Bill for an Act concerning mental health. House Bill 3900, offered by Representative Miller, a Bill for an Act concerning public employee benefits. House Bill 3901, offered by Representative Gordon, Jehan, a Bill for an Act concerning business. House Bill 3902, offered by Representative Connelly, a Bill for an Act concerning public employee benefits. House Bill 3903, offered by Representative Chapa LaVia, a Bill for an Act concerning criminal law. House Bill 3904, offered by Representative Connelly, a Bill for an Act concerning civil law. House Bill 3905, offered by Representative Bellock, a Bill for an Act concerning revenue. House Bill 3906, offered by Representative McAuliffe, a Bill for an Act concerning criminal law. House Bill 3907, offered by Representative Pihos, a Bill for an Act concerning criminal law. House Bill 3908, offered by Representative Fortner, a Bill for an Act concerning domestic violence. House Bill 09600018.doc 70 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 3909, offered by Representative Ramey, a Bill for an Act concerning criminal law. House Bill 3910, offered by Representative Pihos, a Bill for an Act concerning regulation. House Bill 3911, offered by Representative Bassi, a Bill for an Act concerning criminal law. House Bill 3912, offered by Representative Brauer, a Bill for an Act concerning revenue. House Bill 3913, offered by Representative Burke, a Bill for an Act concerning State government. House Bill 3914, offered by Representative Flowers, a Bill for an Act concerning all-terrain vehicles, which may be referred to as Lacee's Law. House Bill 3915, offered by Representative McAsey, a Bill for an Act concerning children. House Bill 3916, offered by Representative Mautino, a Bill for an Act concerning data security. House Bill 3917, offered by Representative Osterman, a Bill for an Act concerning local government. House Bill 3918, offered by Representative Fritchey, a Bill for an Act concerning civil law. House Bill 3919, offered by Representative Burns, a Bill for an Act concerning finance. House Bill 3920, offered by Representative Burns, a Bill for an Act concerning finance. House Bill 3921, offered by Representative Rita, a Bill for an Act concerning gaming. House Bill 3922, offered by Representative Harris, a Bill for an Act concerning public health. House Bill 3923, offered by Representative Harris, a Bill for an Act concerning insurance. House Bill 3924, offered by Representative Coulson, a Bill for an Act concerning revenue. House Bill 3925, offered by Representative Coulson, a Bill for an Act concerning 09600018.doc 71 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 children. House Bill 3926, offered by Representative Bellock, a Bill for an Act concerning health. House Bill 3927, offered by Representative Turner, a Bill for an Act concerning revenue. House Bill 3928, offered by Representative Feigenholtz, a Bill for an Act concerning appropriations. House Bill 3929, offered by Representative Holbrook, a Bill for an Act concerning State government. House Bill 3930, offered by Representative Black, a Bill for an Act concerning elections. House Bill 3931, offered by Representative May, a Bill for an Act concerning insurance. House Bill 3932, offered by Representative May, a Bill for an Act concerning employment. House Bill 3933, offered by Representative May, a Bill for an Act concerning public aid. House Bill 3934, offered by Representative Ford, a Bill for an Act concerning criminal law. House Bill 3935, offered by Representative Burns, a Bill for an Act concerning elections. House Bill 3936, offered by Representative McAuliffe, a Bill for an Act concerning local government. House Bill 3937, offered by Representative McCarthy, a Bill for an Act concerning public employee benefits. House Bill 3938, offered by Representative Brosnahan, a Bill for an Act concerning civil law. House Bill 3939, offered by Representative Brosnahan, a Bill for an Act concerning civil law. House Bill 3940, offered by Representative Brosnahan, a Bill for an Act concerning civil law. House Bill 3941, offered by Representative Brosnahan, a Bill for an Act concerning civil law. House Bill 3942, offered by Representative Brosnahan, a Bill for an Act concerning civil law. House 09600018.doc 72 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 Bill 3943, offered by Representative Brosnahan, a Bill for an Act concerning civil law. House Bill 3944, offered by Representative Brosnahan, a Bill for an Act concerning civil law. House Bill 3945, offered by Representative Brosnahan, a Bill for an Act concerning civil law. House Bill 3946, offered by Representative Brosnahan, a Bill for an Act concerning civil law. House Bill 3947, offered by Representative Coulson, a Bill for an Act concerning local government. House Bill 3948, offered by Representative Mathias, a Bill for an Act concerning revenue. House Bill 3949, offered by Representative Mathias, a Bill for an Act concerning local government. House Bill 3950, offered by Representative Chapa LaVia, a Bill for an Act concerning courts. House Bill 3951, offered by Representative Phelps, a Bill for an Act concerning financial regulation. House Bill 3952, offered by Representative Phelps, a Bill for an Act concerning employment. House Bill 3953, offered by Representative Osterman, a Bill for an Act concerning appropriations. House Bill 3954, offered by Representative Osterman, a Bill for an Act concerning invasive species prevention. House Bill 3955, offered by Representative Osterman, a Bill for an Act concerning civil law. House Bill 3956, offered by Representative Reis, a Bill for an Act concerning transportation. House Bill 3957, offered by Representative Sacia, a Bill for an Act concerning civil law. House Bill 3958, offered by Representative Sacia, a Bill for an Act concerning criminal law. House Bill 3959, offered by Representative Bellock, a Bill for an Act concerning revenue. House Bill 3960, offered by 09600018.doc 73 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 Representative Howard, a Bill for an Act concerning children. House Bill 3961, offered by Representative Howard, a Bill for an Act concerning criminal law. House Bill 3962, offered by Representative Mell, a Bill for an Act concerning criminal law. House Bill 3963, offered by Representative Sacia, a Bill for an Act concerning public employee benefits. House Bill 3964, offered by Representative Graham, a Bill for an Act concerning public employee benefits. House Bill 3965, offered by Representative Graham, a Bill for an Act concerning business. House Bill 3966, offered by Representative Black, a Bill for an Act concerning transportation. House Bill 3967, offered by Representative Hernandez, a Bill for an Act concerning aging. House Bill 3968, offered by Representative Walker, a Bill for an Act concerning revenue. House Bill 3969, offered by Representative Walker, a Bill for an Act concerning revenue. House Bill 3970, offered by Representative Walker, a Bill for an Act concerning State government. House Bill 3971, offered by Representative Walker, a Bill for an Act concerning local government. House Bill 3972, offered by Representative Jackson, a Bill for an Act concerning elections. House Bill 3973, offered by Representative Soto, a Bill for an Act concerning civil law. House Bill 3974, offered by Representative Soto, a Bill for an Act concerning public health. House Bill 3975, offered by Representative Jefferson, a Bill for an Act concerning sex offenders. House Bill 3976, offered by Representative Osterman, a Bill for an Act concerning education. House Bill 3977, offered 09600018.doc 74 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 by Representative Zalewski, a Bill for an Act concerning business. House Bill 3978, offered by Representative Davis, William, a Bill for an Act concerning revenue. House Bill 3979, offered by Representative Davis, William, a Bill for an Act concerning revenue. House Bill 3980, offered by Representative Crespo, a Bill for an Act concerning finance. House Bill 3981, offered by Representative Leitch, a Bill for an Act concerning health. House Bill 3982, offered by Representative D'Amico, a Bill for an Act concerning education. House Bill 3983, offered by Representative Saviano, a Bill for an Act concerning criminal law. House Bill 3984, offered by Representative Boland, a Bill for an Act concerning criminal law. House Bill 3985, offered by Representative Flowers, a Bill for an Act concerning appropriations. House Bill 3986, offered by Representative Joyce, a Bill for an Act concerning local government. House Bill 3987, offered by Representative Hamos, a Bill for an Act concerning energy efficiency. House Bill 3988, offered by Representative Phelps, a Bill for an Act concerning revenue. House Bill 3989, offered by Representative Phelps, a Bill for an Act concerning wildlife. House Bill 3990, offered by Representative Hamos, a Bill for an Act concerning local farm and food products. House Bill 3991, offered by Representative Coulson, a Bill for an Act concerning firearms. House Bill 3992, offered by Representative Riley, a Bill for an Act concerning appropriations. House Bill 3993, offered by Representative Senger, a Bill for an Act concerning government. House Bill 3994, offered by Representative 09600018.doc 75 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 Verschoore, a Bill for an Act concerning regulation. House Bill 3995, offered by Representative Reitz, a Bill for an Act concerning professional regulation. House Bill 3996, offered by Representative Reitz, Dan, a Bill for an Act concerning revenue. House Bill 3997, offered by Representative Gordon, Careen, a Bill for an Act concerning State government. House Bill 3998, offered by Representative Gordon, Careen, a Bill for an Act concerning local government. House Bill 3999, offered by Representative Flowers, a Bill for an Act concerning education. House Bill 4000, offered by Representative McAuliffe, a Bill for an Act concerning public employee benefits. House Bill 4001, offered by Representative Tracy, a Bill for an Act concerning civil procedure. House Bill 4002, offered by Representative Mathias, a Bill for an Act concerning juries. House Bill 4003, offered by Representative Stephens, a Bill for an Act concerning civil law. House Bill 4004, offered by Representative Cross, a Bill for an Act concerning civil law. House Bill 4005, offered by Representative Stephens, a Bill for an Act concerning civil law. House Bill 4006, offered by Representative Reboletti, a Bill for an Act concerning consumer protection. House Bill 4007, offered by Representative Froehlich, a Bill for an Act concerning elections. House Bill 4008, offered by Representative Froelich, a Bill for an Act concerning children. House Bill 4009, offered by Representative Winters, a Bill for an Act concerning business. House Bill 4010, offered by Representative Winters, a Bill for an Act concerning 09600018.doc 76 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 appropriations. House Bill 4011, offered by Representative Colvin, a Bill for an Act concerning regulation. House Bill 4012, offered by Representative Walker, a Bill for an Act concerning State government. House Bill 4013, offered by Representative Brauer, a Bill for an Act concerning criminal law. House Bill 4014, offered by Representative Brauer, a Bill for an Act concerning public employee benefits. House Bill 4015, offered by Representative McCarthy, a Bill for an Act concerning public employee benefits. House Bill 4016, offered by Representative Miller, a Bill for an Act concerning public employee benefits. House Bill 4017, offered by Representative Miller, a Bill for an Act making appropriations. House Bill 4018, offered by Representative Miller, a Bill for an Act concerning appropriations. House Bill 4019, offered by Representative Dugan, a Bill for an Act concerning appropriations. House Bill 4020, offered by Representative Acevedo, a Bill for an Act concerning local government. House Bill 4021, offered by Representative Mautino, a Bill for an Act concerning safety. House Bill 4022, offered by Representative Mautino, a Bill for an Act concerning insurance. House Bill 4023, offered by Representative Hoffman, a Bill for an Act concerning revenue. House Bill 4024, offered by Representative McGuire, a Bill for an Act making appropriations. House Bill 4025, offered by Representative McGuire, a Bill for an Act concerning appropriations. House Bill 4026, offered by Representative Ramey, a Bill for an Act concerning employment. House Bill 4027, offered by Representative Burke, a Bill for an Act 09600018.doc 77 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 concerning finance. House Bill 4028, offered by Representative Burke, a Bill for an Act concerning regulation. House Bill 4029, offered by Representative Froehlich, a Bill for an Act concerning elections. House Bill 4030, offered by Representative Myers, a Bill for an Act concerning business. House Bill 4031, offered by Representative Myers, a Bill for an Act concerning State government. House Bill 4032, offered by Representative Myers, a Bill for an Act concerning government. House Bill 4033, offered by Representative McGuire, a Bill for an Act concerning public employee benefits. First Reading of these House Bills."
Clerk Mahoney: "House Joint Resolution Constitutional Amendment-First Reading. House Joint Resolution Constitutional Amendment 24. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to change Section 14 of Article IV as follows: ARTICLE IV THE LEGISLATURE SECTION 14. IMPEACHMENT The House of Representatives has the sole power to conduct legislative investigations to determine the existence of cause for impeachment and, by the vote of three-fifths of the members elected, to impeach Executive and Judicial 09600018.doc 78 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 officers. Impeachments shall be tried by the Senate. When sitting for that purpose, Senators shall be upon oath, or affirmation, to do justice according to law. If the Governor is tried, the Chief Justice of the Supreme Court shall preside. No person shall be convicted without the concurrence of two-thirds of the Senators elected. Judgment shall not extend beyond removal from office and disqualification to hold any public office of this State. An impeached officer, whether convicted or acquitted, shall be liable to prosecution, trial, judgment and punishment according to law. SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act. Constitutional Amendment 25. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend Section 6 of Article V of the Illinois Constitution as follows: ARTICLE V THE EXECUTIVE SECTION 6. GUBERNATORIAL SUCCESSION (a)In the event of a vacancy, the order of succession to the office of Governor or to the position of Acting Governor shall be the Lieutenant Governor, the elected Attorney 09600018.doc 79 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 General, the elected Secretary of State, and then as provided by law. (b)If the Governor is unable to serve because of death, conviction on impeachment, failure to qualify, resignation or other disability, the office of Governor shall be filled by the officer next in line of succession for the remainder of the term or until the disability is removed. (c)Whenever the Governor determines that he may be seriously impeded in the exercise of his powers, he shall so notify the Secretary of State and the officer next in line of succession. The latter shall thereafter become Acting Governor with the duties and powers of Governor. When the Governor is prepared to resume office, he shall do so by notifying the Secretary of State and the Acting Governor. (d)The General Assembly by law shall specify by whom and by what procedures the ability of the Governor to serve or to resume office may be questioned and determined. The Supreme Court shall have original and exclusive jurisdiction to review such a law and any such determination and, in the absence of such a law, shall make the determination under such rules as it may adopt. (e)Upon the impeachment of the Governor by the House of Representatives, the officer next in line of succession shall become Acting Governor with the duties and powers of Governor until the Governor is acquitted or convicted by the Senate. SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the 09600018.doc 80 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 Illinois Constitutional Amendment Act. House Joint Resolution Constitutional Amendment 26. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend the Illinois Constitution by changing Sections 1, 2, 3, 5, 6, 7, 8, 9, 10, 12, 14, and 15 of Article IV, Sections 9 and 11 of Article V, Section 6 of Article VII, Section 7 (sic- 3) of Article VIII, Section 9 of Article IX, Section 8 of Article XIII, and Sections 1, 2, and 4 of Article XIV as follows: ARTICLE IV THE LEGISLATURE SECTION 1. LEGISLATURE - POWER AND STRUCTURE The legislative power is vested in a General Assembly consisting of 177 Lawmakers, elected by the electors from 59 Legislative Districts and 118 Representative Districts until 2012 and from 177 Legislative Districts beginning in 2012. SECTION 2. LEGISLATIVE COMPOSITION (a)Until 2012, one Lawmaker shall be elected from each of 59 Legislative Districts. Beginning in 2012, one Lawmaker shall be elected from each of 177 Legislative Districts. Immediately following each decennial redistricting, the General Assembly by law shall divide the Legislative Districts as equally as possible into three groups. 09600018.doc 81 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 Lawmakers from one group shall be elected for terms of four years, four years and two years; Lawmakers from the second group, for terms of four years, two years and four years; and Lawmakers from the third group, for terms of two years, four years and four years. The Legislative Districts in each group shall be distributed substantially equally over the State. (b)Until 2011, each Legislative District shall be divided into two Representative Districts. In 2008 and 2010, one Lawmaker shall be elected from each Representative District for a term of two years. (c)To be eligible to serve as a member of the General Assembly, a person must be a United States citizen, at least 21 years old, and for the two years preceding his or her election or appointment a resident of the district which he or she is to represent. In the general election following a redistricting, a candidate for the General Assembly may be elected from any district which contains a part of the district in which he or she resided at the time of the redistricting and reelected if a resident of the new district he or she represents for 18 months prior to reelection. (d)Within thirty days after a vacancy occurs, it shall be filled by appointment as provided by law. If the vacancy is in an office with more than twenty-eight months remaining in the term, the appointed Lawmaker shall serve until the next general election, at which time a Lawmaker shall be elected to serve for the remainder of the term. If the vacancy is in any other office, the appointment shall be 09600018.doc 82 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 for the remainder of the term. An appointee to fill a vacancy shall be a member of the same political party as the person he or she succeeds. (e)No member of the General Assembly shall receive compensation as a public officer or employee from any other governmental entity for time during which he or she is in attendance as a member of the General Assembly. No member of the General Assembly during the term for which he or she was elected or appointed shall be appointed to a public office which shall have been created or the compensation for which shall have been increased by the General Assembly during that term. SECTION 3. LEGISLATIVE REDISTRICTING (a)Legislative Districts shall be compact, contiguous and substantially equal in population. Representative Districts shall be compact, contiguous, and substantially equal in population. (b)In the year following each Federal decennial census year, the General Assembly by law shall redistrict the Legislative Districts. If no redistricting plan becomes effective by June 30 of that year, a Legislative Redistricting Commission shall be constituted not later than July 10. The Commission shall consist of eight members, no more than four of whom shall be members of the same political party. The Presiding Officer and Minority Leader of the General Assembly shall each appoint to the Commission two Lawmakers and two persons who are not members of the General Assembly. The members shall be certified to the Secretary of State by the appointing 09600018.doc 83 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 authorities. A vacancy on the Commission shall be filled within five days by the authority that made the original appointment. A Chairman and Vice Chairman shall be chosen by a majority of all members of the Commission. Not later than August 10, the Commission shall file with the Secretary of State a redistricting plan approved by at least five members. If the Commission fails to file an approved redistricting plan, the Supreme Court shall submit the names of two persons, not of the same political party, to the Secretary of State not later than September 1. Not later than September 5, the Secretary of State publicly shall draw by random selection the name of one of the two persons to serve as the ninth member of the Commission. Not later than October 5, the Commission shall file with the Secretary of State a redistricting plan approved by at least five members. An approved redistricting plan filed with the Secretary of State shall be presumed valid, shall have the force and effect of law and shall be published promptly by the Secretary of State. The Supreme Court shall have original and exclusive jurisdiction over actions concerning redistricting the General Assembly, which shall be initiated in the name of the People of the State by the Attorney General. SECTION 5. SESSIONS (a)The General Assembly shall convene each year on the second Wednesday of January. The General Assembly shall be a continuous body during the period from the second Wednesday of January in an odd-numbered year through the Tuesday 09600018.doc 84 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 immediately preceding the second Wednesday of January in the next odd-numbered year. (b)The Governor may convene the General Assembly in special session by a proclamation stating the purpose of the session; and only business encompassed by such purpose, together with any impeachments or confirmation of appointments shall be transacted. Special sessions of the General Assembly may also be convened by proclamation of the Presiding Officer of the General Assembly, issued as provided by law. (c)Sessions of the General Assembly and meetings of committees and legislative commissions shall be open to the public. Sessions and committee and legislative commission meetings may be closed to the public if two-thirds of the members elected to the General Assembly determine that the public interest so requires. SECTION 6. ORGANIZATION (a)A majority of the members elected to the General Assembly constitutes a quorum. (b)On the first day of the January session of the General Assembly in odd-numbered years, the Governor shall convene the General Assembly to elect from its membership a Presiding Officer. (c)For purposes of powers of appointment conferred by this Constitution, the Minority Leader of the General Assembly is a member of the numerically strongest political party other than the party to which the Presiding Officer belongs. 09600018.doc 85 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 (d)The General Assembly shall determine the rules of its proceedings, judge the elections, returns and qualifications of its members and choose its officers. No member shall be expelled by the General Assembly, except by a vote of two-thirds of the members elected. A member may be expelled only once for the same offense. The General Assembly may punish by imprisonment any person, not a member, guilty of disrespect to the General Assembly by disorderly or contemptuous behavior in its presence. Imprisonment shall not extend beyond twenty-four hours at one time unless the person persists in disorderly or contemptuous behavior. SECTION 7. TRANSACTION OF BUSINESS (a)Committees of the General Assembly and legislative commissions shall give reasonable public notice of meetings, including a statement of subjects to be considered. (b)The General Assembly shall keep a journal of its proceedings and a transcript of its debates. The journal shall be published and the transcript shall be available to the public. (c)The General Assembly or any committee thereof as provided by law may compel by subpoena the attendance and testimony of witnesses and the production of books, records and papers. SECTION 8. PASSAGE OF BILLS (a)The enacting clause of the laws of this State shall be: "Be it enacted by the People of the State of Illinois, represented in the General Assembly." 09600018.doc 86 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 (b)The General Assembly shall enact laws only by bill. (c)No bill shall become a law without the concurrence of a majority of the members elected. Final passage of a bill shall be by record vote. At the request of seven members, a record vote may be taken on any other occasion. A record vote is a vote by yeas and nays entered on the journal. (d)A bill shall be read by title on three different days in the General Assembly. A bill and each amendment thereto shall be reproduced and placed on the desk of each member before final passage. Bills, except bills for appropriations and for the codification, revision or rearrangement of laws, shall be confined to one subject. Appropriation bills shall be limited to the subject of appropriations. A bill expressly amending a law shall set forth completely the sections amended. The Presiding Officer shall sign each bill that passes the General Assembly to certify that the procedural requirements for passage have been met. SECTION 9. VETO PROCEDURE (a)Every bill passed by the General Assembly shall be presented to the Governor within 30 calendar days after its passage. The foregoing requirement shall be judicially enforceable. If the Governor approves the bill, he or she shall sign it and it shall become law. (b)If the Governor does not approve the bill, he or she shall veto it by returning it with his or her objections to the General Assembly. Any bill not so returned by the Governor within 60 calendar days after it is presented to him or her shall become law. If recess or adjournment of the General 09600018.doc 87 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 Assembly prevents the return of a bill, the bill and the Governor's objections shall be filed with the Secretary of State within such 60 calendar days. The Secretary of State shall return the bill and objections to the General Assembly promptly upon the next meeting of the same General Assembly at which the bill can be considered. (c)When a bill is returned, the General Assembly shall immediately enter the Governor's objections upon its journal. If within 15 calendar days after such entry the General Assembly by a record vote of three-fifths of the members elected passes the bill, it shall become law. (d)The Governor may reduce or veto any item of appropriations in a bill presented to him or her. Portions of a bill not reduced or vetoed shall become law. An item vetoed shall be returned to the General Assembly and may become law in the same manner as a vetoed bill. An item reduced in amount shall be returned to the General Assembly and may be restored to its original amount in the same manner as a vetoed bill except that the required record vote shall be a majority of the members elected. If a reduced item is not so restored, it shall become law in the reduced amount. (e)The Governor may return a bill together with specific recommendations for change to the General Assembly. The bill shall be considered in the same manner as a vetoed bill but the specific recommendations may be accepted by a record vote of a majority of the members elected. Such bill shall be presented again to the Governor and if he or she certifies that such acceptance conforms to his or her specific recommendations, the bill shall become law. If the 09600018.doc 88 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 Governor does not so certify, he or she shall return it as a vetoed bill to the General Assembly. SECTION 10. EFFECTIVE DATE OF LAWS The General Assembly shall provide by law for a uniform effective date for laws passed prior to June 1 of a calendar year. The General Assembly may provide for a different effective date in any law passed prior to June 1. A bill passed after May 31 shall not become effective prior to June 1 of the next calendar year unless the General Assembly by the vote of three-fifths of the members elected provides for an earlier effective date. SECTION 12. LEGISLATIVE IMMUNITY Except in cases of treason, felony or breach of peace, a member shall be privileged from arrest going to, during, and returning from sessions of the General Assembly. A member shall not be held to answer before any other tribunal for any speech or debate, written or oral, in the General Assembly. These immunities shall apply to committee and legislative commission proceedings. SECTION 14. IMPEACHMENT The General Assembly has the sole power to conduct legislative investigations to determine the existence of cause for impeachment and, by the vote of a majority of the members elected, to impeach Executive and Judicial officers. Impeachments shall be tried by the General Assembly. When sitting for that purpose, Lawmakers shall be upon oath, or affirmation, to do justice according to law. If the Governor is tried, the Chief Justice of the Supreme Court shall preside. No person shall be convicted without 09600018.doc 89 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 the concurrence of two-thirds of the Lawmakers elected. Judgment shall not extend beyond removal from office and disqualification to hold any public office of this State. An impeached officer, whether convicted or acquitted, shall be liable to prosecution, trial, judgment and punishment according to law. SECTION 15. ADJOURNMENT (REPEALED) ARTICLE V THE EXECUTIVE SECTION 9. GOVERNOR - APPOINTING POWER (a)The Governor shall nominate and, by and with the advice and consent of the General Assembly, a majority of the members elected concurring by record vote, shall appoint all officers whose election or appointment is not otherwise provided for. Any nomination not acted upon by the General Assembly within 60 session days after the receipt thereof shall be deemed to have received the advice and consent of the General Assembly. The General Assembly shall have no power to elect or appoint officers of the Executive Branch. (b)If, during a recess of the General Assembly, there is a vacancy in an office filled by appointment by the Governor by and with the advice and consent of the General Assembly, the Governor shall make a temporary appointment until the next meeting of the General Assembly, when he or she shall make a nomination to fill such office. (c)No person rejected by the General Assembly for an office shall, except at the General Assembly's request, be nominated again for that office at the same session or be 09600018.doc 90 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 appointed to that office during a recess of that General Assembly. SECTION 11. GOVERNOR - AGENCY REORGANIZATION The Governor, by Executive Order, may reassign functions among or reorganize executive agencies which are directly responsible to him or her. If such a reassignment or reorganization would contravene a statute, the Executive Order shall be delivered to the General Assembly. If the General Assembly is in annual session and if the Executive Order is delivered on or before April 1, the General Assembly shall consider the Executive Order at that annual session. If the General Assembly is not in annual session or if the Executive Order is delivered after April 1, the General Assembly shall consider the Executive Order at its next annual session, in which case the Executive Order shall be deemed to have been delivered on the first day of that annual session. Such an Executive Order shall not become effective if, within 60 calendar days after its delivery to the General Assembly, the General Assembly disapproves the Executive Order by the record vote of a majority of the members elected. An Executive Order not so disapproved shall become effective by its terms but not less than 60 calendar days after its delivery to the General Assembly. ARTICLE VII LOCAL GOVERNMENT SECTION 6. POWERS OF HOME RULE UNITS (a)A County which has a chief executive officer elected by the electors of the county and any municipality which has a 09600018.doc 91 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 population of more than 25,000 are home rule units. Other municipalities may elect by referendum to become home rule units. Except as limited by this Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare; to license; to tax; and to incur debt. (b)A home rule unit by referendum may elect not to be a home rule unit. (c)If a home rule county ordinance conflicts with an ordinance of a municipality, the municipal ordinance shall prevail within its jurisdiction. (d)A home rule unit does not have the power (1) to incur debt payable from ad valorem property tax receipts maturing more than 40 years from the time it is incurred or (2) to define and provide for the punishment of a felony. (e)A home rule unit shall have only the power that the General Assembly may provide by law (1) to punish by imprisonment for more than six months or (2) to license for revenue or impose taxes upon or measured by income or earnings or upon occupations. (f)A home rule unit shall have the power subject to approval by referendum to adopt, alter or repeal a form of government provided by law, except that the form of government of Cook County shall be subject to the provisions of Section 3 of this Article. A home rule municipality shall have the power to provide for its officers, their manner of selection and terms of office 09600018.doc 92 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 only as approved by referendum or as otherwise authorized by law. A home rule county shall have the power to provide for its officers, their manner of selection and terms of office in the manner set forth in Section 4 of this Article. (g)The General Assembly by a law approved by the vote of three-fifths of the members elected may deny or limit the power to tax and any other power or function of a home rule unit not exercised or performed by the State other than a power or function specified in subsection (l) of this section. (h)The General Assembly may provide specifically by law for the exclusive exercise by the State of any power or function of a home rule unit other than a taxing power or a power or function specified in subsection (l) of this Section. (i)Home rule units may exercise and perform concurrently with the State any power or function of a home rule unit to the extent that the General Assembly by law does not specifically limit the concurrent exercise or specifically declare the State's exercise to be exclusive. (j)The General Assembly may limit by law the amount of debt which home rule counties may incur and may limit by law approved by three-fifths of the members elected the amount of debt, other than debt payable from ad valorem property tax receipts, which home rule municipalities may incur. (k)The General Assembly may limit by law the amount and require referendum approval of debt to be incurred by home rule municipalities, payable from ad valorem property tax 09600018.doc 93 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 receipts, only in excess of the following percentages of the assessed value of its taxable property: (1) if its population is 500,000 or more, an aggregate of three percent; (2) if its population is more than 25,000 and less than 500,000, an aggregate of one percent; and (3) if its population is 25,000 or less, an aggregate of one-half percent. Indebtedness which is outstanding on the effective date of this Constitution or which is thereafter approved by referendum or assumed from another unit of local government shall not be included in the foregoing percentage amounts. (l)The General Assembly may not deny or limit the power of home rule units (1) to make local improvements by special assessment and to exercise this power jointly with other counties and municipalities, and other classes of units of local government having that power on the effective date of this Constitution unless that power is subsequently denied by law to any such other units of local government or (2) to levy or impose additional taxes upon areas within their boundaries in the manner provided by law for the provision of special services to those areas and for the payment of debt incurred in order to provide those special services. (m)Powers and functions of home rule units shall be construed liberally. ARTICLE VIII FINANCE SECTION 3. STATE AUDIT AND AUDITOR GENERAL (a)The General Assembly shall provide by law for the audit of the obligation, receipt and use of public funds of the 09600018.doc 94 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 State. The General Assembly, by a vote of three-fifths of the members elected, shall appoint an Auditor General and may remove him or her for cause by a similar vote. The Auditor General shall serve for a term of ten years. His or her compensation shall be established by law and shall not be diminished, but may be increased, to take effect during his or her term. (b)The Auditor General shall conduct the audit of public funds of the State. He or she shall make additional reports and investigations as directed by the General Assembly. He or she shall report his or her findings and recommendations to the General Assembly and to the Governor. ARTICLE IX REVENUE SECTION 9. STATE DEBT (a)No State debt shall be incurred except as provided in this Section. For the purpose of this Section, "State debt" means bonds or other evidences of indebtedness which are secured by the full faith and credit of the State or are required to be repaid, directly or indirectly, from tax revenue and which are incurred by the State, any department, authority, public corporation or quasi-public corporation of the State, any State college or university, or any other public agency created by the State, but not by units of local government, or school districts. (b)State debt for specific purposes may be incurred or the payment of State or other debt guaranteed in such amounts as may be provided either in a law passed by the vote of three-fifths of the members elected to the General Assembly 09600018.doc 95 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 or in a law approved by a majority of the electors voting on the question at the next general election following passage. Any law providing for the incurring or guaranteeing of debt shall set forth the specific purposes and the manner of repayment. (c)State debt in anticipation of revenues to be collected in a fiscal year may be incurred by law in an amount not exceeding 5% of the State's appropriations for that fiscal year. Such debt shall be retired from the revenues realized in that fiscal year. (d)State debt may be incurred by law in an amount not exceeding 15% of the State's appropriations for that fiscal year to meet deficits caused by emergencies or failures of revenue. Such law shall provide that the debt be repaid within one year of the date it is incurred. (e)State debt may be incurred by law to refund outstanding State debt if the refunding debt matures within the term of the outstanding State debt. (f)The State, departments, authorities, public corporations and quasi-public corporations of the State, the State colleges and universities and other public agencies created by the State, may issue bonds or other evidences of indebtedness which are not secured by the full faith and credit or tax revenue of the State nor required to be repaid, directly or indirectly, from tax revenue, for such purposes and in such amounts as may be authorized by law. ARTICLE XIII GENERAL PROVISIONS SECTION 8. BRANCH BANKING 09600018.doc 96 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 Branch banking shall be authorized only by law approved by three-fifths of the members voting on the question or a majority of the members elected, whichever is greater, in the General Assembly. ARTICLE XIV CONSTITUTIONAL REVISION SECTION 1. CONSTITUTIONAL CONVENTION (a)Whenever three-fifths of the members elected to the General Assembly so direct, the question of whether a Constitutional Convention should be called shall be submitted to the electors at the general election next occurring at least six months after such legislative direction. (b)If the question of whether a Convention should be called is not submitted during any twenty-year period, the Secretary of State shall submit such question at the general election in the twentieth year following the last submission. (c)The vote on whether to call a Convention shall be on a separate ballot. A Convention shall be called if approved by three-fifths of those voting on the question or a majority of those voting in the election. (d)The General Assembly, at the session following approval by the electors, by law shall provide for the Convention and for the election of two delegates from each Legislative District; designate the time and place of the Convention's first meeting which shall be within three months after the election of delegates; fix and provide for the pay of 09600018.doc 97 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 delegates and officers; and provide for expenses necessarily incurred by the Convention. (e)To be eligible to be a delegate a person must meet the same eligibility requirements as a member of the General Assembly. Vacancies shall be filled as provided by law. (f)The Convention shall prepare such revision of or amendments to the Constitution as it deems necessary. Any proposed revision or amendments approved by a majority of the delegates elected shall be submitted to the electors in such manner as the Convention determines, at an election designated or called by the Convention occurring not less than two nor more than six months after the Convention's adjournment. Any revision or amendments proposed by the Convention shall be published with explanations, as the Convention provides, at least one month preceding the election. (g)The vote on the proposed revision or amendments shall be on a separate ballot. Any proposed revision or amendments shall become effective, as the Convention provides, if approved by a majority of those voting on the question. SECTION 2. AMENDMENTS BY GENERAL ASSEMBLY (a)Amendments to this Constitution may be initiated in the General Assembly. Amendments shall be read in full on three different days in the General Assembly and reproduced before the vote is taken on final passage. Amendments approved by the vote of three-fifths of the members elected shall be submitted to the electors at the general election next occurring at least six months after such legislative 09600018.doc 98 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 approval, unless withdrawn by a vote of a majority of the members elected. (b)Amendments proposed by the General Assembly shall be published with explanations, as provided by law, at least one month preceding the vote thereon by the electors. The vote on the proposed amendment or amendments shall be on a separate ballot. A proposed amendment shall become effective as the amendment provides if approved by either three-fifths of those voting on the question or a majority of those voting in the election. (c)The General Assembly shall not submit proposed amendments to more than three Articles of the Constitution at any one election. No amendment shall be proposed or submitted under this Section from the time a Convention is called until after the electors have voted on the revision or amendments, if any, proposed by such Convention. SECTION 4. AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES The affirmative vote of three-fifths of the members elected to the General Assembly shall be required to request Congress to call a Federal Constitutional Convention, to ratify a proposed amendment to the Constitution of the United States, or to call a State Convention to ratify a proposed amendment to the Constitution of the United States. The General Assembly shall not take action on any proposed amendment to the Constitution of the United States submitted for ratification by legislatures unless a majority of the members of the General Assembly shall have been elected after the proposed amendment has been submitted for ratification. The requirements of this 09600018.doc 99 STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 18th Legislative Day 2/26/2009 Section shall govern to the extent that they are not inconsistent with requirements established by the United States. SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act and applies beginning with the 97th General Assembly. There being no further business, the House Perfunctory Session will stand adjourned." 09600018.doc 100