Illinois House Floor Debate — April 22, 2009

"Thank you, Mr. Speaker. Let the record reflect that Representative Mulligan is excused today on the Republican side of the aisle."

"Thank you, Mr. Speaker. Ladies and Gentlemen, I’m a… First of all, may I have a point of personal privilege, Mr. Speaker?"

"Thank you. Ladies and Gentlemen, I'm very happy today to present to you Sergeant First Class Joel Jessop of the 634th National Guard out of Sullivan, Illinois. Sergeant Jessup is back on a two-week leave from Camp Phoenix, Afghanistan. Could we all thank him and show him our appreciation for his service to our state and country."

"Thank you, Mr. Speaker, on a point of personal privilege. I have the honor of working with a group in my… from my legislative district that provide a good bit of insight and ideas with respect to problems in this state, and also, specifically, on some legislative ideas and that’s my senior advisory group and they’re also down here today. They’re going to spend a couple of days watching how we work or don’t work, whatever the case may be. So, if we could give them a warm welcome, I’d appreciate it as well. They’re right up here. Thank you very much."

"Thank you, Mr. Speaker. House Joint Resolution 17 simply facilitates and recognizes Alzheimer’s research in the State of Illinois and I’ll be happy to answer any questions."

"Thank you, Mr. Speaker. We need to adopt Amendment… Floor Amendment 2, please."

"Thank you, Mr. Speaker. Ladies and Gentlemen, this particular Resolution provides for a task force to ensure that the Cindy Bischof Bill, which we have passed, that 09600043.doc 8  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/22/2009 provides for the GPS tracking of a violent domestic perpetrator, to be sure that we check on the progress of the implementation of that particular Bill and it requires a report to the General Assembly. And I would request passage."

"Yes, Mr. Speaker and Ladies and Gentlemen of the House. As you know, March was Woman’s History Month and at intermittent times we tried to highlight the women of history and the work that they have done as contributing members to our state and our society, and this is simply to underscore that particular month."

"I’m sorry. I’m having a technical difficulty for a moment. Yes, House Joint Resolution 23 urges Congress to continue funding the federal Violence Against Women Act. And we hope that our voice will be one amongst many when they consider the continuation of this funding." 09600043.doc 12  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/22/2009

"Thank you, Mr. Speaker. I’ll be glad to answer any questions anyone may have on House Joint Resolution 30. I think the description, as read by the Clerk, is adequate so far."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. The Clerk gave a very good synopsis of what this Joint Resolution does to honor one of our greatest Revolutionary War history people who helped determine and 09600043.doc 14  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/22/2009 shape the United States as it is today. And I ask for its adoption."

"Thank you, Mr. Speaker. A point of personal privilege."

"Thank you, Mr. Speaker. A point of personal privilege. I’d like to introduce the mayor of Salem and his wife, Leonard and Carol Ferguson. Please give them a warm welcome to the Capitol."

"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. House Resolution 7 simply directs… suggests, I should say, is the correct word, the law enforcement agencies to become part of the statewide Starcom 21 sys… radio system, the interoperable communication system, in particular, in my legislative district for the Bloomington area. And I’ll be happy to answer any questions."

"The situation, Representative, that from what I understand, would be that the police department, I don’t know that I would say… I’m not aware of the fact that they were opposed to it, they want assistance with purchasing radio equipment after they chose not to be part of the Starcom 21 system for the town of Normal and the county of 09600043.doc 17  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/22/2009 McLean, and to be a test site, of which we worked on several years ago. So I would… if there’s opposition, I have not been so briefed from them other than in discussions with them, the concern about trying to have assistance financially to be part of the Starcom 21 radio system."

"They are on a different system. And in the day of interoperable radio communications is what we’re all trying to, post 91, be directed towards. This is simply to suggest that we become interoperable together under Starcom 21 within McLean County."

"I believe that they are on a analog system which does not have interoperable communications without certain patch-throughs to be part of the Starcom 21 system. And it has created at times very dangerous situations. This was my initiative to try and urge the City of Bloomington to revisit that issue, which they have, and are continuing right now and have had several meetings with Illinois Emergency Management, a Terrorism Task Force and others, looking at ways to be potentially become part of Starcom 21."

"Look, it… I would answer that by the following, Representative. Approximately, five years ago McLean County and St. Clair County had the opportunity to split a $6 million federal grant to be test sites for Starcom 21, to work out the very issues that you are… have a question about. To date, it is my understanding that while maybe not 100 percent perfect all the time, it is superior to the present systems in which many other law enforcement agencies are operating in the State of Illinois. It has been recognized as the statewide system, and is, from what I understand in my county, warmly received through the sheriff’s department and the town of Normal Police Department, fire departments and the list goes on. And statewide, the State Police as well as many, many other law enforcement agencies and emergency medical services are Starcom 21. I believe your concerns when they may have been a new communications technique were valid, but I believe those concerns have been answered and my interaction and involvement with this has been that the Starcom 21 radio system has done a tremendous job in 09600043.doc 19  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/22/2009 communications and filling any areas where there may be trouble with communications. And when I have a law enforcement community, the largest in my legislative district that’s not interoperable with the other agencies, it causes problems."

“Correct.”

"That is correct. This is for the system, not the actual radio itself. The system of Starcom is not endorsing one particular provider over another. There are different interoperable ways now with the Starcom 21. What I’m encouraging and suggesting strongly to my police department in the City of Bloomington is that they continue to explore those options."

“Mmm mmm.”

"I can certainly appreciate your concern. The intent of the Resolution, nor does it state a particular product provider, it suggests the system itself."

"I do not believe that is the case, Representative. And I also believe that…"

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

"Representative, the issue before us is a Resolution. It carries no force of law, correct?"

"That is correct."

"Doesn’t require anybody to do anything."

"That is correct."

"It urges them to adopt an interoperable communications system. Starcom, I believe, is primarily developed by Motorola, an Illinois-based company, but doesn’t require anybody to adopt the Starcom system, correct?" 09600043.doc 21  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/22/2009

"That is correct."

"This is a result of a multimillion, almost a $30 million grant secured by United States Senator Richard Durbin. In… the grant was… indicated a Starcom quality system. Didn’t mandate the system, but Senator Durbin thinks this is something we should do, correct?"

"Correct. It goes back, Representative, to several years ago as I indicated to Representative Franks, that simply, McLean County was a test site. And for a lot of different issues, the largest law enforcement municipality in my district chose not to be a part of that test site at the time. I think a number of things have changed. I think this has been something that will continue to keep discussions open and going towards trying to have interoperable communications in my legislative district." Black: In fact, as I recall, one of the findings from the investigation of the tragic 9/11 terrorist attack on the United States in New York City, one of the great problems they had was the inability to communicate with all of the emergency units on the scene and trying to coordinate the work. So, I think one of the recommendations was that we need a more comprehensive interoperable communications system in the case of such a national emergency. And I think that’s what prompted Senator Durbin’s interest, as I recall."

"I would say that’s correct."

"All right.”

“Yes.”

“Thank you very much." 09600043.doc 22  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/22/2009

"Thank you."

"Mr. Speaker and Ladies and Gentlemen of the House, to the Resolution. I, in all due respect to the previous speaker, this Resolution does not mandate any particular product. It doesn’t mandate any particular manufacturer. It doesn’t require… The beauty of a Resolution is that it doesn’t require anybody to do anything. It simply urges those people to look into what we should have done years ago, in my opinion, and that is to figure out how to adopt and adapt an interoperable radio communication or communication link, so that in the case of a national emergency or a local emergency or a local disaster, those units that must correspond and communicate with each other are able to do so. It’s a Resolution certainly worthy of our support and I would… or certainly urge a… an ‘aye’ vote on the Resolution."

"Thank you, Mr. Speaker. I just wanted to answer the previous speaker’s note about do other vendors operate with Starcom 21 and they do. In my district we actually chose a system that is not Motorola and we… they were part of the process. But we chose another system and it does… it is interoperable with Starcom 21. So, there are other vendors out there that you can go to that operate with Starcom 21."

"Thank you, Mr. Speaker. This House Resolution is part of the iSPACE Program. A little bit of background is that the most recent example was the Open Lands Trust Fund which the state funded from 1999 to 2003. Wisconsin, our neighbor to the north, which has four times as many conservation and recreation acres than Illinois per capita, also has a similar program. I would ask for adoption of this Resolution."

"Thank you, Mr. Speaker, Ladies and Gentlemen. I would like to adopt the Amendment. I think we actually adopted the Amendment in committee, Mr…"

"Thank you, Ladies and Gentlemen, Mr. Speaker. This is a simple Resolution. A constituent of mine was a caretaker for his elderly loved… beloved mother. She passed away. After her death he received a lien notice from Human Services for medical bills years old and tens of thousands of dollars. Now it’s a lien against her estate, but certainly, as anyone who cares for an elderly parent, a sibling, or a loved one in an unfortunate circumstance, you know, after they pass on, you know, it’s almost insult to injury, here you are dealing with the pain of your… the death of your loved one and then the state sends you a bill. His point really was not, though, the bill; his point was the… how far back in time the bill went and for all the number of services and vendors involved. Now that his loved one has passed on, he has absolutely no way at all to go back and challenge any or all of the items in the receipt list. So, this simply asks HFS to examine how and under what circumstances they notify recipients, 09600043.doc 26  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/22/2009 caregivers, and powers of attorney or guardians of what the status of their account is with the state. Certainly, the state is entitled to recoup costs from any estate in the future, this just helps, really, to try to give people the ability to contest, look at and make sure that these claims are accurate, while the person is still alive. I mean, at the same time I think we’re trying to help give HFS a way to maybe conduct themselves in a more friendly manner towards someone who’s just lost their loved one. It’s a fairly simple Resolution. I’d ask for your support. Thank you."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. As we know, preventative health care has become very important in our society, and this Resolution for American Stroke Month to be recognized every May, from this May thereafter, simply is to heighten awareness, make people aware of the signs of stroke and to take 09600043.doc 28  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/22/2009 preventative care to keep themselves healthy and well. And I ask for your ‘yes’ vote."

"Thank you very much, Mr. Speaker. I could not hear the woman’s explanation. Would she yield for just one question?"

"All right. I read on the board, Representative, where May is going to be American Stroke Month. Does that mean that if you’re going to have a stroke, it can only be in May?"

"I hope we can prevent a stroke from everyone in May."

"I see. So it’s to call attention to the horrible possibility that you could… of what a stroke is and how to avoid it and all of that."

"That’s correct."

"Well, I… I tell you, having been here for 23 Mays, this May, this May, this month of May coming up, may very well see more strokes in the General Assembly than at any time since I’ve been here. So, I think your Resolution is very timely."

"Thank you, Representative."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I’m glad that we can collectively be proactive to proclaim May 5, 2009, as Illinois Clean Air and Asthma Awareness Day. We know the importance of keeping people healthy and well by keeping our air as clean as possible and that is the intent of this Resolution."

"Thank you again, Mr. Speaker and Ladies and Gentlemen of the House. We all know the importance of the program that our communities and our schools have enacted on character counts and we know the importance of displaying good character. And this simply designates the third week of October in order to recognize that character counts and promote that throughout the State of Illinois."

"Thank you very much, Mr. Speaker. What House Resolution 113 does is to address the issue of the TARP funding, which is an estimated $700 billion in financial aid going to financial institutions. And what this Resolution does is to urge Congress to ensure that the funds that are associated with TARP would be allocated to financial institutions that will use the funds for new single-family home mortgages and to refinance existing single-family home mortgages and to help improve the economy by doing so."

"Thank you very much, Mr. Speaker. House Resolution 118 was brought to me by doctors in our area talking about the use of drugs that children are getting out of their parents’ medicine cabinets and how this has become such a problem in the United States, that there are more deaths caused by overdose from prescription drugs than there are by other serious drugs that we address, such as cocaine and heroine, so this is a huge issue. And what this Resolution does is just to address the education of awareness throughout the public as to this problem and to address the issue with parents and with children to be on the lookout for this. There are actually parties being held by kids in grammar school and high school throughout Illinois where they throw the prescription drugs on the table that they have brought from their parents’ medicine cabinets and they walk away with them."

"Thank you, Speaker. I would ask for the immediate adoption of this Resolution."

"Thank you, Mr. Speaker. This is urging the Illinois Tollway Authority to begin a study to determine the feasibility of renting the signs that appear on the tollway."

"Thank you very much, Mr. Speaker. I apologize for hitting the light late. Will the Sponsor yield?"

"Representative, can the tollway currently rent signs?"

"No, Sir."

"They cannot? I mean, they’re specifically prohibited by law?" 09600043.doc 34  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/22/2009

"I’ve been told that there’s some federal requirements that need to be reviewed to see if they’re allowed to do it."

"Rather than a Resolution, maybe we could just change the law."

"Well, that might be the next step."

"Okay. Well, I was just under the impression that Governor… former Governor Blagojevich rented out these signs all the time. Now, maybe I was mistaken."

"I don’t believe so."

"Well, I thought he rented some to himself. Didn’t he have his name on some?"

"I don’t know if we’ve invoiced them yet."

"Oh, that may be the subject of another Resolution. Thank you."

"When I talked to the Tollway Authority they said that they would still have specific restrictions on who could 09600043.doc 35  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/22/2009 use the signs, but my whole purpose in doing this was to get the revenue to the Tollway Authority and use this as a form of that, rather than have political, you know, officeholders on the signs." Davis, W.: "Well, correct me if I’m wrong and I’m not on the Transportation Committee in any way, but the blue signs that advertise at exits on the interstates, don’t the companies that advertise on those signs, don’t they pay to advertise on those signs?”

"Yes, they do. Yes." Davis, W.: "So, is there any way, and I know, again, this is a Resolution which encourages something and doesn’t necessarily mandate it, but is there any way to… because… and the reason we bring it up is when you think about why they do it on the interstates is to promote, you know, tourism, encouraging people that if they are going to stop, this is what you have available. But for some reason the Tollway Authority doesn’t see the need to do that kind of thing."

"Well, I’m not sure if it was the need. If… from what my discussion was, is that there was some requirements through the Federal Government that put restrictions and they were going to go back and see how strict these were before they went any further. And that’s why I did the Resolution." Davis, W.: "Okay. Well, when you’re having this dialogue with the Tollway Authority about what your Resolution does, if there’s any way that you can ask or bring up the issue, because if we’re talking about revenue, which is what I 09600043.doc 36  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/22/2009 understand your Resolution is talking about, revenue, here is yet another opportunity for some revenue for restaurants, hotels, that may want to advertise, that if you get off the tollway, say at interstate 294 and Halsted Avenue in Harvey and South Holland in the south suburbs where I am, that there are hotels, that there are restaurants, there are places where a weary traveler can stop and eat and rest if they choose, but without that knowledge and not without that advertisement, they won’t be able to do that. So, I would just ask if you could indulge me and at least bring that up into the conversation. And while I’m talking about the south suburbs in particular, we know that we’re talking about other parts of the state where the tollway system exists as well. So I would ask that you at least try to bring that up in your conversation. I’d appreciate it."

"I will. Thank you very much." Davis, W.: "Thank you."

"Thank you, Mr. Speaker. This creates a task force to be looking at property development issues in local areas to help eliminate some of the issues of local flooding and other environmental issues. And I’d appreciate an ‘aye’ vote."

"Thank you, Mr. Speaker. I’d like the adoption of the Resolution."

"Thank you, Mr. Speaker. House Resolution 176 would designate this week of May 3 through the 9, 2009, as Vasculitis Awareness Week in the State of Illinois, in order to help educate the public about vasculitis diseases and the need for research funding. I’d ask for its adoption."

"Thank you very much, Mr. Speaker. I just move to adopt Floor Amendment #4 to House Resolution 177." 09600043.doc 40  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/22/2009

"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. House Resolution 177 creates the Funeral and Burial Pre-arrangement Investigation Task Force to investigate and study the reasons for losses of Pre-need Funeral Trust Funds of Illinois funeral directors and any and other funeral and burial pre-need funding plans and investments offered in the State of Illinois. It directs the task force to make recommendations so oversight and operation of all funeral and burial pre-need programs offered regardless of funding method and to consider development of new licensing and continuing education components to protect the consumer and the industry. And I’ll be happy to answer any questions."

"Will the Sponsor yield?"

"I am a cosponsor on this Resolution, but could you just educate the men and women of this chamber what has promt… what prompted you to go down this road and have this Resolution prepared and passed by the House?"

"Thank you very much, Representative. Briefly, the adoption and purpose for this Resolution is to study the problems that have occurred in Illinois in pre-need funeral 09600043.doc 41  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/22/2009 funding, in particular, by means of either trusts or also insurance as a funding mechanism in the State of Illinois. There has been numerous problems through the Illinois Funeral Directors Association Trust Fund with losses to consumers, as well as insurance that has been involved in practicing in the State of Illinois in pre-arrangement services and also to look at the cemetery industry as well as their trusting programs and potential licensing requirements for those who sell pre-need in the State of Illinois. That is the reason why."

"What entity in State Government is responsible for overseeing the cemeteries and, you know, the funeral directors and the various interests that are related to those bodies?"

"Presently, from the cemetery side of things, it would be the Comptroller’s Office; from the funeral home side, the licensing requirements of funeral directors and embalmers is through the Department of Professional Regulation at this point."

"Could you explain to me the makeup of the task force?"

"The makeup of the task force? The makeup of the task force would have Representatives from the House, from Professional Regulation and from the Comptroller’s Office as well, and would have the opportunity then to seek testimony from stakeholders in the industry from pre-need funeral and burial arrangements."

"And when is the report to be completed and sent back to the House of Representatives?"

"I believe by the end of 2009." 09600043.doc 42  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/22/2009

"Great. Thank you very much."

"Thank you, Mr. Chairman, will the Sponsor yield?"

"Representative, I had a call with a concern on this particular issue from a cemetery director in my area who was very concerned with the previous Bill that you had been working on. They were adamantly opposed to it, apparently. Can you tell me if that discrepancy has been worked out?"

"At this point in time, Representative, it remains to be a work in progress. This is the task force. This is separate from other legislation that I have drafted. However, I kid you not, the funeral and cemetery side of pre-need needs to be reviewed and investigated. And we’re going to start by means of this task force, I hope."

"Do you have people from both the funeral and the cemetery organizations on the task force? Are they… will they be included?"

"They are not on the task force. They will be sought after to give testimony and to answer questions and inquiries."

"They’re… they’re not on the task force at all?"

"They are not. They are government officials, Representative, from the Comptroller’s Office, from the House of Representatives, and from the Department of Professional Regulation."

"And why are you recommending that you… to move this from the Comptroller’s Office to the Department of Professional Regulation?" 09600043.doc 43  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/22/2009

"I’m sorry, I didn’t hear what…"

"Why are you moving it from the Comptrol… under the au… from the auspices of the Comptroller to the Department of Regulation? Why are moving… recommending the movement of that?"

"Well, this task force does not do that. It does not move that at all. As I answered Representative Durkin’s question, and that was that he asked who was responsible in the licensing area. From the cemetery side, it is the Comptroller’s Office; from the funeral and embalmer licensing side, it is Professional Regulation of where we are licensed from."

"Ah. Got it."

"But we are not doing that aspect thing. We’re not changing the role of those individuals through this task force. That’s not the purpose."

"Okay. Thank you very much, Representative."

"Thank you."

"Thank you very much, Mr. Speaker. Will the Sponsor yield? Again, Representative, this is a Resolution and not legislation, correct?"

"That is correct."

"You’re setting up a task force to study what all of you in this chamber should be very interested in. The last article I read, the Illinois Funeral Directors Association Pre-Need Burial Trust Fund has and, I don’t want to use the wrong word, lost or whatever, but it is in desperate 09600043.doc 44  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/22/2009 financial shape. How many millions do we think the Pre- Need Funeral Fund is short?"

"Well, depending on who you talk to, Representative. It could be upwards to 40 million or more."

"Forty million dollars short. And I think your task force just simply says, what happened and how do we correct it, and where do we go from here? I have a funeral director in my district that estimates his losses alone in the Pre-Need Burial Program at a million dollars. I have constituents calling me who wonder if their pre-need burial program will, in fact, be paid as they get older. You know, I think your task force is of vital importance to everyone in this chamber and to everyone in the State of Illinois who may have purchased a pre-need burial program. And now it appears the money they paid and the guarantee they were given may be worthless. The money may be gone. And this has been, quite frankly, other than the Springfield State Journal-Register, this is not receiving the statewide press. I think I have read an article or two in the Tribune. This is a potential scandal of multi millions of dollars and your constituents and my constituents could very well be the victims of whatever has transpired. And all you’re doing is setting up a task force, as I understand it, to try and find out what happened and just what is the extent and what may be a problem that all of us in this chamber are going to be subjected to by constituents if we don’t get to the bottom of it. And I congratulate you for what you’re doing. I hope this report is done quickly and efficiently and 09600043.doc 45  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/22/2009 thoroughly, and we can begin to take a look at something that has been overshadowed by other scandals in Illinois. But this has dire consequences for people in my district and I daresay people in everyone’s district in this chamber. I urge an ‘aye’ vote on your Resolution."

"Thank you very much, Mr. Speaker. To Representative Black’s comments, I would just simply try and emphasize to you, Ladies and Gentlemen of the House, that whether it’s pre-need trust and funeral insurance or other funding mechanisms, as well as a review of the Burial Practice Acts of Pre-Need in the State of Illinois, in the funeral trust alone some 49 thousand Illinoisans have these accounts and have had these accounts marked down and altered. So, I would simply ask for a ‘yes’ vote to move forward."

"Thank you very much, Mr. Speaker. I have an inquiry of the Chair."

"Thank you, Mr. Speaker. What is the status of House Bill 4438?"

"Thank you."

"Has… has House Bill 4438 been read a first time?"

"Can you read House Bill 4438, Mr. Speaker? Would that be a request in order?"

"Yes, Mr. Speaker, let me renew my request, though. What… what now is the status of House Bill 4438?"

"I assume that means it has been assigned to the Rules Committee, correct, or will be?"

"Well, thank you very much. Mr. Speaker, in all due respect to you and Members of the Body, under House Rule 18(g), I would move for the discharge of House Bill 4438 from the House Rules Committee. Under House Rule 54(a), subsection (2), all Motions are to be assigned Standard 09600043.doc 47  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/22/2009 Debate and I wish to debate my Motion to Discharge. Upon the conclusion of the debate I would ask for a recorded vote on the Motion to Discharge. Pursuant to Rule 49, any vote shall be by a record vote whenever five Representatives, I’m joined by five Representatives on my side of the aisle, to so request. So I have made my Motion and it has been filed in writing, Mr. Speaker."

"Well, may I say I’m shocked and appalled that she would object to House Bill 4438. I don’t know that she’s read it, but pursuant to my rules I would like to debate the rationale for my Motion. It isn’t made just to waste time. I don’t have that much time left at my age. Let me just tell you, Ladies and Gentleman of the House, what this Bill does. With less than six weeks left in the Legislative Session and looking at a multi-billion dollar hole in the budget and tax increases have been suggested, tax increases on working men and women, tax increases on gasoline and that even though it’s covered under collective bargaining, the Governor’s budget proposal asks AFSCME and Teamster Union members to take ‘x’ number of days as unpaid days of work. So all this Bill does is to say we need to lead by example. The Bill would simply say all of us are due a cost of living pay raise in this next fiscal year of approximately 3 percent. We filed… I filed in good faith 09600043.doc 48  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/22/2009 House Bill 4438 today that would say, and I had the Bill filed previously, but it was never… never given a hearing. The cost-of-living pay raises to Legislators and elected state officials for Fiscal Year 2010 should be denied, should be rejected. We can go one year without a cost of living raise. It will not balance the budget. It will not significantly reduce the billion plus… the billions of dollars in debt, but it says we’re willing to make that sacrifice that the working men and women of the State of Illinois have been asked to make. We will forego for Fiscal Year 2010 our cost-of-living pay raise. I think it’s reasonable. I think it makes us lead by example. I think it’s something we need to be on record as doing. You can’t go to people and ask them for more taxes and you can’t ask labor members, working men and women, who, by the way, unless they reopen their contract, it doesn’t even apply to them. But we can lead by example. You can vote for this Bill and then you can go home and say I voted against the cost-of-living pay raise for myself for 2010. Here’s your chance to do it. Here’s your chance to mean it. Here’s your chance to take some meaningful action. If you block this legislation under a parliamentary maneuver, then don’t go home and tell your friends and families, who are struggling to make ends meet, that you will not share in their sacrifice. That’s all the Bill does. I can’t imagine why anybody would object to it. I can’t imagine why anybody would vote against it. I would like to have that debate and at some point, Mr. Speaker, I’m… if I have to, I’ll make the Motion to overturn (sic-overrule) the 09600043.doc 49  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/22/2009 Chair. I hope I don’t have to. I hope common sense prevails."

"Thank you, Mr. Speaker. I also rise in support of allowing this House a very important piece of legislation 09600043.doc 50  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/22/2009 to move forward. I believe we can make this happen and should make it happen. We’re in a very tough situation. Our state is facing record high unemployment rates, people are facing losing their homes, wondering how to purchase food, and how to keep… and employers are concerned about how to keep their doors open. Our state has a mountain of debt and it’s faced the highest deficit that ever… since its creation. We can’t pay our Medicaid bills on time and we hurt everyone in this state because of it. Yet, we want to talk about higher income taxes, higher sales tax, higher gasoline tax, more taxes and fees on Illinois families, seniors, and employers. We even mentioned on the table possible state furloughs for workers of our state. We mention higher contributions for state employees and we once again talk about not funding properly the pension obligations of our state workers. We’re starving our universities, yet the level of our hypocrisy goes on and on because we will automatically receive a pay raise. Whether you call it a COLA or whatever, it’s 3 percent that will come out of the state budget. We cannot hide from that and we have to face our constituent with that fact. Raises, COLAs, are given on merit and ability to pay. No doubt, our state does not have the ability to pay. We have to face it and I think we can do something about it and it’s time to act on this. So, as I said, I urge that this Motion be given valid consideration."

"Thank you, Mr. Speaker. Right now our employment rate is close to one in ten. So if you think about it, look at the people in the room. If we weren’t here with this right now, the normal person in Illinois, close to one in ten, are without a job. So to ask for an automatic cost-of- living increase for anybody is pathetic, if you look at how many people are out of work. We’ve lost over 200 thousand jobs in the past year and we’re now faced with a budget deficit that we’re asking the public to pay for in taxes. This is something that, you know, I can’t even begin to think of why we would want to automatically increase a raise to ourselves without… without any discussion whatsoever, when we’re asking the normal guy now without a job who is taking cuts and taking sacrifices and not putting food on his table, in many cases, to look at us to say we’re going to get an automatic increase in our salaries. Rejecting this COLA and getting it off the table before budget discussions is the right thing to do and it’s the prudent thing to do. So I would encourage us to have this debate."

"Thank you, Mr. Speaker. I rise in support of the Gentleman from Danville. Ladies and Gentlemen, the previous speaker just talked about unemployment. We have people in the gallery watching us; some of them may or may not be part of that 9.1 percent unemployment factor. Ladies, this is an… Ladies and Gentlemen, this is an outrage that we’re even having this debate about an 09600043.doc 52  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/22/2009 increase in our pay at a time that 9.1 percent unemployment. It is an absolute outrage and it’s time to put up or shut up in this gallery with regard to pay raises. It is time to vote on this and vote your conscience and let us stop this in a time of desperate economic need. I support the Gentleman’s Resolution (sic- Motion)."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I represent a district that includes three counties that have unemployment rates higher than the state average. I fight every day to keep their businesses a reason to stay in the district, while they try to find a way to keep from laying off people. Pretty soon in this district, a Democrat Majority will ask the constituents in my districts that still actually have jobs to hand over more of their hard-earned money to help pay for mistakes of the past. The medium per capita income in Salem, Illinois, the city where I live and work, $17,235. How can this Body or any State Government Body with a record as poor as this one ask for a tax increase to help pad Illinois politicians’ paychecks. It’s a shame. I can only hope that you, in the Majority, will finally think of the people you have hurt through reckless economic policies over the last decade and reject this pay raise for yourself, when you’re asking people who already have so little for so much. Thank you."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, this is a no-brainer. If you are interested in a pay raise at a time when the people of this state are facing high unemployment, if you think that there should be a secret cost-of-living adjustment made so that you can get more money, then you vote to sustain the objection. Go ahead. Go ahead and tell the people in your district that you think it’s okay for a COLA to quietly sneak through. But if you want to tell the people of the State of Illinois and in your district that you want to do something about the fact that there’s going to be an automatic pay raise for Legislators when we can’t pay school districts to educate special education kids or pay for transportation, then you go ahead and support… go ahead and support the Leader’s Motion. But you’re telling the people of your district quite simply that you could care less about the fact that this is going to be an automatic pay raise. And deeper than that, you’re… you’re sustaining an effort to keep the Bill, to keep the legislation to allow an open debate on the issue hidden, hidden from the people of the State of Illinois, hidden from the people who are going to pay for the pay raise in the form of a COLA, that we’re not willing to discuss in an open government forum. Shame on you. There are people who cannot pay their rent. There are people that cannot buy food. This state cannot make payments to the human service providers or school districts, and we’re not willing to allow the open debate on an issue for a COLA for the Legislators? Where’s the 09600043.doc 54  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/22/2009 ethics? Where’s the transparency? You talk a good game. Let’s see if you walk your talk."

"Representative, I would not have access to those numbers. I know a lot of people said they didn’t. I can show you the canceled checks of the money I gave back, but I can’t speak for any of my colleagues. The easiest thing in the world to do is say I didn’t take it. And if you don’t have a press, you know, watching you and you don’t have the canceled checks or whatever, I have no idea. A lot of people say they don’t take it. My guess is having been here a long time, more say they don’t take it than actually reject it."

"I think so."

"Well, I don’t think… I don’t think it takes a degree from Harvard to figure that out. I think all of us know that this is not the time to accept a 3 percent cost of living increase. But you have certain expenses. I don’t 09600043.doc 55  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/22/2009 know your family expenses. I know what mine are. My children are grown. My expenses aren’t as high as they were 10 or 15 years ago. I know what I’m going to do. But I’m… I’m… all I’m saying is this, this Bill should be allowed a full debate, a full hearing and a vote on the merits of the Bill. If you don’t agree with not taking the COLA for only Fiscal 2010, you’re free to vote ‘no’. But the way this is structured, a lot of people will leave this chamber and say, well, I agree, I’m not going to take the COLA. Whether they do or not, I would have no way of knowing that. But when you stifle the ability to have a full and fair debate on the Bill, I don’t know if this Bill would pass. I haven’t done a Roll Call. And let me tell you this, Representative, in all sincerity, this isn’t some gimmick on my part. I filed a Bill earlier this Session to abolish the Compensation Review Board. That’s the way it was when I came down here. If you wanted a raise, you dropped in a Bill, you got cosponsors and you voted ‘yea’ or ‘nay’ on your raise. We don’t do that anymore. We have the Compensation Review Board where you can take what I call a back door pay increase. I know Representative Durkin also had legislation filed earlier this year to change how the Compensation Review Board and our cost of living would be accepted or rejected by a vote of the Members. But, no, I don’t have figures on that. I wish I did, but I just wouldn’t have access to that."

"Well, the issue before…"

"Sure. The issue before us at this time is, I believe, the Bill should be discharged from Rules and given a debate on the House Floor. That’s what the issue is before us at this point."

"I have a whole page of them. You can look in your Calendar. I think I have eight or nine of them. Most of them are reform measures that I absolutely am amazed were never even assigned to committee, which is in abject opposition to what you heard and I heard on the first day of our meeting. All Bills and Constitutional Amendments would be assigned to a committee. I have one that changes how we redistrict the state, absolutely a reform measure. I have a Constitutional Amendment that would change how we fund education in Illinois, absolutely a reform measure. They were never assigned to committee. I have a recall Constitutional Amendment, most of you are for that. We voted on it before and it cleared the chamber, wasn’t even allowed to be sent to committee to be heard. So, yes, I have other Bills and Amendments on the discharge Calendar that I think should be heard and should be voted on; and I don’t know how you felt about the recall Amendment when we voted on it before, but I filed it so that we didn’t have to go through what we went through for the last six years. For some reason can’t even be assigned to committee to be 09600043.doc 57  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/22/2009 debated. Again, I don’t know whether it would have passed committee; don’t know whether it would have passed the floor. I assume it would have been, but wasn’t given that opportunity."

"You’re more than welcome, Sir."

"Well, thank you very much, Mr. Speaker, and by the way, I do appreciate the fact that you let us, under House Rules, try and make our point. I do appreciate that. I’ve also been here when we weren’t given that opportunity and I appreciate your fairness in the Chair. Ladies and Gentlemen, I met with several Service Employees International Union members in my office today. You’ve all read the headlines. If… if… unless we can come up with some budget in the next 30/35 days, some of their insurance premiums will jump 445 percent. Now, do you really think that a person making $30 thousand a year for the State of Illinois can absorb that kind of an insurance payment increase? Are we going to have them take four or five days off without pay? That’s up to collective bargaining. I told those members in my office that I would do what I could to see that we experienced the… I… two in tears. 09600043.doc 58  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/22/2009 Now, all I said, I had a Bill that I think would put us on a level playing field as best we could. That wasn’t allowed a hearing and I would try again today to do what I think we should do by our leadership example. I thought Governor Quinn, earlier, if I understood him correctly, said he would not take his cost-of-living agreement. I think all of us could do the same if we could debate the Bill and vote on the Bill. I think it would pass, but I don’t know that. I’m extremely disappointed, but I understand the Majority Leader’s objection. But I think you should be as disappointed as I am that we can’t take the lead saying, only for Fiscal 2010 we will forego and ask all constitutional elected officeholders as well that they forego a 2.8 percent cost-of-living agreement when we are in the kind of financial shape that we’re in and when the Governor has asked, and he inherited a terrible situation, but he’s asking employees to take unpaid days and increase their contribution to their pension and increase their insurance payment, but I don’t think he, in his wildest nightmare, ever thought it would be a 445 percent increase. So, Mr. Speaker, I certainly take no satisfaction. I wish the Lady would withdraw her objection. I doubt that will happen, so under Rule 57(a) I would simply move to appeal the ruling of the Chair, let there be a recorded vote. I think House Bill 4438, for all of the reasons some of us have tried to expand on today, should be released from the House Rules Committee, let us vote on it, let us take a stand, and let our constituents know what we intend to do with the raise we will otherwise 09600043.doc 59  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 43rd Legislative Day 4/22/2009 get very quietly and it’s what I consider to be a backhanded pay raise. And I don’t think that’s right in this day and age."