Illinois House Floor Debate — May 27, 2009

"The hour of 11:00 having come and gone, today, May 27, 2009, the House will be in Session. We shall be led in prayer today by Pastor Craig Miller, who is with the Plainfield Methodist Church in Plainfield, Illinois. Pastor Miller is the guest of Representative Cross. Members and guests are asked to refrain from starting their laptops, turn off all cell phones and pagers, and rise for the invocation and the Pledge of Allegiance. Pastor Miller."

"Thank you. Let us pray. Gracious and loving God, I give You thanks for those assembled here today as Legislators and public servants, and I thank You for their cultural, social, political diversity and for the… the host of legislative talents and interests that collectively they bring to this time and to this place. Almighty just and merciful God, it is with a profound sense of privilege and responsibility that this assembly gathers today to undertake the affairs of state for the citizens of Illinois. It is a daunting task, especially in these very difficult times for our nation and for our state. Today, I… I pray for all who hold public office and who demonstrate civil authority, but especially for this legislative assembly as it seeks to bring order to our society and to implement to those means and measures that secure justice and prosperity within our state borders. Inspire with Your will and purpose and inform with Your wisdom those actions that are taken and the decisions that are made within the walls of this legislative chamber. Instill within the hearts and minds of each Member of this 09600062.doc 1  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 Body a profound sense of purpose that would reflect the highest ethical values and virtues that would mirror in every respect Your will for all of Your people. In these economically troubled times, when many people from all walks of life have been seriously affected by financial hardship, the task of building and funding a budget for our state can be an intimidating undertaking, yet, it is one of the most important and difficult charges that this noble Body has had to assume in modern times. As those gathered here to discern and discuss and decide on matters of fiscal responsibility, I ask that You bless them with the ability to do so with as much universal fairness as is possible and with compassion, especially for those who are most vulnerable in our society and for whom service is provided by the state and by municipalities are essential to their well-being and in some cases, even their survival. Just as our personal and family budgets reflect our personal and cultural values, so may the state budget reflect the values that are worthy of Your guidance and Your will for all of us. God, of true righteousness, in a time when the citizenry is demanding higher ethical standards for its public servants, may You bless these who legislate with the high calling to give themselves over to the greater good of those they serve, thus avoiding the temptation to… to cater too extensively to special interests. May we, the people, be a model that is ever so much on their minds and equally, may these who legislate hold the citizenry to a high standard by providing legislation that calls us and calls out the best in all of us. As our nation finds itself in a 09600062.doc 2  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 state of conflict in several locations throughout the globe and as many of Illinois's sons and daughters are serving in these foreign lands as civilian public servants and as military personnel and are to be found in harm's way, we pray that You would protect them that they may safely return to their homes and to their loved ones. We pray for those who have given their lives in service of our nation and pray for Your comforting graces upon their families, friends and communities and today we especially remember the former ICC chairman Terry Barnich whose life was tragically cut short in Iraq on Monday. Comfort his family in their time of loss and sorrow. Mindful of the great and indisputable truth that we are all Your children and our need of Your grace, we pray that You will make Yourself and Your divine will known to us so that all that we do will truly be pleasing in Your sight. In humble gratitude for Your divine presence, Oh God, and with attentive hearts, minds and spirits, we do pray these things, Amen."

Speaker Turner: "The Gentleman from Cook, Representative Harris."

"Thank you, Pas… Roll Call for Attendance. The Lady from Cook, Representative Currie."

"Thank you, Speaker. Please let the record reflect the excused absence of Representative Collins." 09600062.doc 3  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

Speaker Turner: "The Gentleman from Bost, Representative Jackson."

"Okay. There are 116 Members answering the call, a quorum is present and we shall proceed with business. The Lady from Lake, Representative Cole, for what reason do you rise?"

"State your point."

"Welcome to Springfield. Mr. Clerk, Committee Reports."

"The Lady from Cook, Representative Deborah Graham, for what reason do you rise?"

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

"State your point."

"I'd like the Body to help me welcome to the General Assembly today Lilia Drummond and Bob Vondrasek from the South Austin Coalition, a group in the Austin community and right here behind me. Let's welcome them."

"Welcome to Springfield. Ladies and Gentlemen, we're going to go to the Order of Second Readings and on page 7 of the Calendar, Representative Beiser, Senate Bill 314. Read the Bill, Mr. Clerk." 09600062.doc 7  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

Speaker Turner: "The Gentleman from Madison, Representative Beiser, on Amendment #3."

"Thank you, Mr. Speaker. Senate Bill 314 as amended, is an initiative of the Health Care Council of Illinois and the Ombudsman program. It simply… what we've done, we've been trying to answer the concerns of all the people, and it basically amends the State Finance Act and it amends the Nursing Home Care Act. As far as the… Mr. Speaker, at this time, could I pull this from the record?"

"The Gentleman asks leave to take the Bill from the record. Representative Brady. Representative Nekritz. Representative Brady on Senate Bill 1556. Read the Bill, Mr. Clerk."

Speaker Turner: "Third Reading. On the Order of Third Readings, we have Senate Bill 2091. Representative Mautino. Read the Bill, Mr. Clerk."

Speaker Turner: "The Gentleman from Bureau, Representative Mautino."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I'm very happy to say that we're bringing today in 09600062.doc 8  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 a Bill which will allow the regulation of viatical settlements. This deals with the issue of stranger-owned life insurance. Over the past three years, we've been trying to institute a way to regulate an industry that has been growing and has had no regulation, provide for consumer protections, and this Bill is the culmination of joint work between the House and the Senate. The viatical settlement industry as well as the life insurance industry and this morning we received agreed legislative intent language that, for the record, I'd like to go ahead and put into the… put into the record and that will hold our agreements in place. And for that, I'd ask that the Chair call on Representative Watson."

Speaker Turner: "The Gentleman from Morgan, Representative Watson."

"Indicates he will."

"STOLI is a dangerous practice and it preys on our aging population, and this Bill prohibits stranger-owned life insurance practices without exception. As the principal Sponsor of the legislation, allow me to express 09600062.doc 9  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 my intent and clarify that all STOLI acts, practices and arrangements are illegal and contrary to the public policy of this great state. The sentence merely confirms that lawful viatical settlements are now statutorily defined transactions. Any interpretation of the sentence would narrow the definition of STOLI and allow for STOLI transactions, as we explicitly prohibit, would be contrary to the letter, spirit, and intent of the legislation. The Act clarifies that this settlement of insurance policies that, among other factors, were originally purchased with the requisite insurable interest and for the purpose of policy ownership are not to be considered illegal STOLI arrangements. Also, the Act clarifies that all STOLI practices or efforts to circumvent the prohibition against STOLI will be subject to harsh penalties, including financial, criminal and regulatory action."

"As a state, we're acting to prohibit stranger-owned life insurance and to regulate lawful viatical settlement transactions. During the course of our drafting, we learned of a business practice that is described does not appear to be either STOLI or lawful viatical settlement transactions. As described in committee testimony, the life insurance policies in these transactions are not sold to a third party and premium lender intends and benefits from the policy owner living as opposed to dying, which is 09600062.doc 10  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 the practice in STOLI. Assuming this to be true, we developed an approach that accommodates this practice but does not exclude it from regulation. In fact, to be eligible for treatment pursuant to Section 105, the person or individual, an entity seeking such treatment must provide written notice to the director of the department explaining that that person engages in a business practice as outlined in this Section. To the extent that the individual or entity receives treatment pursuant to Section 105 and is later found to have engaged in stranger-owned life insurance or have been engaged in transactions involving third-party premium financing with the plan to sell the policy, then the director is explicitly empowered to take disciplinary actions, including license revocation, and criminal and monetary penalties as provided throughout the Insurance Code. Then that is… that is my intent with Section 105. I appreciate your work, Representative Osmond's work and the 20 people that we had in the room throughout the past three years. I also thank Senator Haine and Senate President Cullerton for their work. With this Act in its place, we'll be able to regulate an industry that was not regulated in the past and provide safety for our seniors and our consumers."

Speaker Turner: "The Gentleman from Cook, Representative Fritchey, for what reason do you rise?"

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

"Indicates he will." 09600062.doc 11  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"Representative, greetings. I'm not sure if I'm more or less confused after hearing the legislative intent read into the record. Let… let me try this this way in a very simplistic manner. Is it your understanding and intention that an insurance carrier would not deny coverage of any policy that is entered into that's in… otherwise in full accord with the provisions of this statute… of this legislation?"

"Under the… under the provisions of this Act, the settlements and viatical settlements have a legitimate place in there and so, there would be no denials allowed, so long as they followed the Act which is a model Act."

"And that's what I'm trying to get at. You know, I want to commend you, not just on the inordinate amount of time you put into this issue, but the work and attention that you've given the issue, the stakeholders, et cetera. It's easy, especially for people that don't specialize in this area, to get lost in the semantics or the nuances here and to try to cut through that to whatever extent that I can, though. So long as a policy is entered into that is otherwise in full compliance with the provisions of this legislation, there would not be a grounds to deny that policy. Is that correct?"

"Correct. As long as they do that, that is exactly correct."

"Thank you very much. I appreciate it."

"The Lady from Lake, Representative Osmond, for what reason do you rise?"

"Indicates he will."

"Yes, as a matter of fact, it started as one of the National Association of Insurance Commissioners' model Bills as well as the NCOIL, Conference of Insurance Legislators, it's a blending of those two Bills and it's designed to stop the practice where people would be essentially wagering on the death and profiting by the death of an individual. We will stop that. The Attorney General has put in some great consumer protections within the Bill, and the bulk of the industries now have agreed to be regulated. No one wants to see that practice."

"Seeing no further questions, the question is, 'Shall the House pass Senate Bill 2091?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Harris, Hoffman. The Clerk shall take the record. On this question, there 115 voting 'aye', 1 voting 'no', 0 'presents'. And this Bill, having received the 09600062.doc 13  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 Constitutional Majority, is hereby declared passed. Mr. Clerk, Committee Reports."

Speaker Turner: "On page 11 of the Calendar, under Senate Bills-Second Reading, we have Senate Bill 1925. Read the Bill, Mr. Clerk."

"The Gentleman from Cook, Representative Rita on Amendment #1."

"Thank you, Mr. Speaker. I move the adoption of Floor Amendment #1. We could either discuss this now and take questions now or when it comes to Third Reading."

"Gentleman moves…"

"It deals with the License Landscape Architects Act… Title Act." 09600062.doc 14  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"The Gentleman moves for the adoption of Floor Amendment #1 to Senate Bill 1925. All those in favor should say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment's adopted. Further Amendments?"

"Third Reading. Representative Currie. On the Order of Third Readings, page 3 of the Calendar, we have Senate Bill 367. Read the Bill, Mr. Clerk."

"The Lady from Cook, Representative Currie."

"Seeing no questions, the question is, 'Shall the House pass Senate Bill 367?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, 09600062.doc 15  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 there are 116 voting 'aye', 0 'noes', 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Gentleman from Cook, Representative Burns on House Bill 1289. Read the Bill, Mr. Clerk. Senate Bill 1289."

Speaker Turner: "The Gentleman from Cook, Representative Burns."

"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. I present Senate Bill 1289. It… as amended by Amendment #5, Senate Bill 1289 creates a process by which law enforcement officials, courts, and other participants in our criminal justice system can identify nonviolent offenders who pose no risk to the community, creating an assessment tool to find those folks and to create an incentive program for counties to sentence nonviolent offenders, who are assessed as not being a threat, to community-based and local-based alternatives to incarceration. There's no immediate fiscal impact from this Bill. No county has to participate in the program unless it chooses to do so. I'm proud to announce to the floor that the Cook County State's Attorney's Office is a proponent of this legislation. The State's Attorneys Association of Illinois is a… neutral. And I've worked hard with a number of my colleagues on the other side of the aisle to come up with a Bill that will reduce the state's long-term fiscal cost while finding a smart way to 09600062.doc 16  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 deal with crime. I look forward to answering any questions and would appreciate an 'aye' vote."

"The Lady from Cook, Representative Nekritz, for what reason do you rise?"

"Thank you, Mr. Speaker. To the Bill. I had the great privilege of chairing the subcommittee on post- discharge community services for employment of persons of criminal records task force which did… the entire task force was chaired by Representative Howard. And it was very eye-opening for me to learn about the issues related to nonviolent offenders and how we could more efficiently use our resources in this state in order to maintain public safety and create lasting change in the communities that have been… that have been racked by crime. Representative Burns's Bill is an excellent step forward in this regard, and I think it's really critical for the state, especially with the fiscal issues that we're having to be looking at alternatives to incarceration and how we can best utilize the resources that we have. So, I'd urge an 'aye' vote."

"Seeing no further questions, the question is, 'Shall the House pass Senate Bill 1289?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? Jakobsson, Harris. The Clerk shall take the record. On this question, there are 98 voting 'aye', 18 voting 'no', and 0 'presents'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Dugan, we have Senate Bill 1682. Read the Bill, Mr. Clerk." 09600062.doc 17  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"The Lady from Kankakee, Representative Dugan."

"Thank you, Speaker, Members of the House. Senate Bill 1682 addresses an issue concerning the Preneed Funeral and Burials Act. This is an initiative of Comptroller Hynes that seeks to address the most important issue right now regarding the regulation of how funeral preneed funds are invested. It receives the support from AARP, Citizen Action, the Secretary of State's Office, and the Department of Financial and Professional Regulation. The most important change is that it now requires that every dollar of consumer preneed trust funds be placed with an independent trustee that is a corporate fiduciary. The Amendment requires the independent trustee to provide annual notice and in… there's… probably the main thing about this particular Bill is to address an issue that I think all of us have heard about as far as the preneed funeral expenses and what happened with the trust fund where millions of dollars of consumers' money was put at risk. And so, this addresses that part of the situation and Comptroller Hynes and myself believe this is something that needs to be addressed immediately. And so, I certainly stand to answer any questions and would like an 'aye' vote."

Speaker Turner: "The Gentleman from McLean, Representative Brady, for what reason do you rise?"

"Indicates she will." 09600062.doc 18  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"Fine."

"I suppose."

"No, I have not, Representative. As I… I think had it said in committee, I believe that this part to take the… and to protect the consumers' money immediately, the task force which certainly I am a supporter of and would be glad to certainly work with you on some of the other issues, but as I said in committee, I think to get the consumers' money protected before the December 31, which is the date the task force should give recommendations, is something that I don't think is in the best interests of the consumers and that's why I want to at least address that part of the preneed funeral issue now." 09600062.doc 19  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"Well, Representative, and I certainly respect that. I believe that the task force certainly is something that needs to look into the big picture, but I think what the concern is right now is we are talking literally millions of dollars of consumer preneed funeral funds that unfortunately were mismanaged, and it caused an issue that I believe that we need to take that part of this and put it into… right now, I think it needs to be addressed by making sure that their funds are held, as a corporate fiduciary and under the scope in appropriate regulatory bodies. I 09600062.doc 20  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 don't believe, with the millions of dollars of consumers' money, that we can wait until December 31 for the full task force recommendations on other things that we may need to look at. This, I believe, is too important to put off until December 31."

"I've had a couple of calls from my funeral homes as far as the concerns of what happened with the trust fund and the fact of the money that has seemed to have some issues. So, those are the conversations that I've had with my funeral homes because of the concern of what was happening with the money which, again, is why I believe we have to get… I have consumers that have called me that, unfortunately, have kind of been involved in this, too because it's consumers that pay the preneed expenses. So, again, I've talked to some, there's certainly concerns as to what happened to the trust fund and so, I believe, that many think that this is at least the action to address the immediate issue."

"And certainly that's true, Representative, and if they lose out, then I believe that you can also make the argument that the consumer's going to lose out."

"Representative, are you asking me as far as this… if they have money in a particular local bank and then they have to go to a corporate fiduciary? Is that the question?"

"Representative, bring your remarks to a close. You can answer, Representative Dugan."

"Yes, Representative, just to answer your question, they will just have to make sure it's with a corporate fiduciary as far as from this particular Bill."

"No, you ran out of time."

Speaker Turner: "The Gentleman from Morgan, Representative Watson, for what reason do you rise?"

Speaker Turner: "Representative Brady, you're back in business."

"Turn him on."

"The Lady from Cook, Representative Monique Davis, for what reason do you rise?" Davis, M.: "Thank you, Mr. Chair… Mr. Speaker. Will the Sponsor yield?"

"She indicates she will." Davis, M.: "Okay. First of all, Representative Dugan, I believe this legislation was prepared based upon some… what some may call consumer fraud. Is that correct?"

"Yes, you could call it that, I guess." Davis, M.: "This legislation was developed in order to protect consumers who were purchasing preneed burial or funeral expenses, and it appears that there were lots of loopholes in these regulations that did exist. The Comptroller of the State of Illinois is the responsible person over funeral homes and the behavior of funeral parlor and directors. Is that correct?" 09600062.doc 26  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"Yes. I think, Representative, one of the issues is the fact of the oversight and the regulation and unfortunately, because that wasn't there, there was some, certainly, I believe it's being classified as mismanagement of the funds from the funeral homes that, of course, consumers had paid them for preneed… preneed funeral arrangements." Davis, M.: "So, if I owned a funeral home, I wouldn't like this Bill would I?"

"No, I…" Davis, M.: "If I owned a funeral home…"

"No…" Davis, M.: "…would I like this Bill or would I be trying to kill it, because I have been doing things that obviously were harming consumers."

"Well, and Representative, I don't want to speak on behalf of the funeral directors, but I can say to you that they did not come with opposition to my Bill. I believe that… that many know that with what happened with the trust fund of the preneeds money that something needs to be done quickly, just to make sure that it does not happen in the future and to have some protection for the consumers." Davis, M.: "Thank you for your answers. First of all, I know that the AARP supports this Bill, the Secretary of State supports this Bill, the Department of Financial Institutions support this Bill because we are… we're living in a time in which people are placing their trust in many organizations or operations. And if the Comptroller of the State of Illinois is responsible to protect those investments that our people are making, then I think this 09600062.doc 27  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 Bill does a great job to advance that. I believe that one of the most important portions of this Bill states that… well, it requires that the trustees comply with the trust and trustees Act concerning the investment and management of trust funds. I think it's in the best interests of the public to have their annual statements sent to the consumers. I think it's in the best interests of the consumer that an explanation of that purchaser's right to a refund be available. I think it's in the best interests of the consumer to identify who the primary regulators of the trust are and also, provide information if a life insurance policy has been purchased and so forth. I believe, Mr. Speaker, this is a great piece of legislation to protect consumers and protect them at a time in which many of them are at their lowest point. People usually purchase these kind of things after a great loss, and I really have to commend the Comptroller for coming forward on such a timely basis and giving us an opportunity to give some real protection to those who are in need of funeral parlor services. Thank you, Madam Spea… Madam Representative and Mr. Speaker. Thank you."

"The Gentleman from Cook, Representative Rita, for what reason do you rise?"

"Will the Sponsor yield?"

"Indicates she will."

"Representative, what are we addressing in this legislation? Can you point out a few things that we are addressing in this?" 09600062.doc 28  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"Well, the most important change is that it now requires that every dollar of consumer preneed trust funds be placed with an independent trustee that's a corporate fiduciary. And what this does is it then… we know that the funds will be regulated in the appropriate state and federal level regulator. The independent trustees must abide by the Prudent Investor Rule, so that's a national standard. And it also requires that the independent trustees continue to make the consumer aware of, you know, the status of their money and so on and so forth. So, I think, that's the two most important things that this is trying to address to put into place right now with preneed funeral money."

"And there was many issues that were brought up in this debate so far, but these issues need to be addressed now. Is that correct?"

"This is the… Comptroller Hynes… we believe that this is the most pressing issue to make sure that the dollars are in… invested and put into products that are regulated. There certainly are other issues and reforms that may need to take place, but the task force that was spoken about before needs to still be part of it and other reforms may come, but to say that we want to wait until the end of this year to protect the consumers' money, that's what this action does. We believe that it needs to be taken care of immediately, and then other reforms can certainly come forward from the task force, but protecting the consumers' money now and have it under regulatory control is something that we cannot put off. Millions of dollars were mismanaged of the consumers' money, and we need to make 09600062.doc 29  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 sure that it doesn't happen again and this is just one thing and it's the most pressing issue the Comptroller feels to be addressed right now."

"So, by addressing these issues now, allowing the task force to do its job and bring… bring forth some other changes after they finish, we could address them other issues, what the task force does, correct?"

"That is correct, Representative, in fact, I have even offered to sit on that task force so that we can make sure any other concerns certainly are looked at from the task force and come back with a recommendation by the end of… I think it's December 31."

"To the Bill. I'm asking for a 'yes' vote in this. I'm going to be supporting this measure so that we can address this… these issues now that are pressing that has been brought up and to allow that task force to go into them other issues that were brought up in this debate. Thank you."

"The Gentleman from Champaign, Representative Rose, for what reason do you rise?"

"Your request will be noted. The Gentleman from Cook, Representative McCarthy, for what reason do you rise?"

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

Speaker Turner: "The Gentleman has asked that we move the previous question. All those in favor of moving the previous question say 'aye'; all those opposed say 'no'. We will continue with the debate. The Gent… the Gentleman from Bond, Representative Stephens, for what reason do you rise? The Gentleman from Cook, Representative Durkin, for what reason do you rise?"

"Indicates she will."

"Because right now, Representative, they're not required to use a corporate fiduciary, and that's what this particular piece of legislation does." 09600062.doc 31  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"The Comptroller, Representative, wants to have this in statute. He wants to make sure that the… that it is a matter of public record as far as how this particular protection of the consumers' funds is going to be in place. So, that's why it's being done legislativewise."

"Representative, I don't have that exact answer for you, right now. I know that there's still an investigation going on and there's been one going on, but I don't know the exact time."

"Ten years, Representative."

"It's my understanding, yes, Representative."

"Hold on, Representative. Representative, I can't seem to get that answer right now as far as the specifics. The person that could give me that answer is not here right now."

"The… the Comptroller is going to be on the task force, Representative, and I'm sure that the Comptroller, as he's 09600062.doc 32  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 already said, is certainly willing to work with the task force members to address the issues and the concerns."

"I think they're checking on this… on trying to get you the answer, Representative. We think, from what I'm being told, they think it was the 2004 audit that picked up a discrepancy. And I, like I said, I know that the Gentleman that has all of this information, unfortunately, is not available right now."

"Representative, I'm not sure. I, of course, at this particular point and Comptroller Hynes is not here, that the task force… the task force is outside the purview of this legislation. As far as to what the task force will be asking for or doing, really doesn't have anything to do with this legislation."

"But certainly, I'm sure that you are more than welcome to request it, and the task force can request whatever they want. You're asking me to respond and speak on behalf of Comptroller Hynes on regulatory issues that… and that's not what… we're outside the purview of this Bill."

"Representative Durkin, bring your remarks to a close." 09600062.doc 33  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"I, no, not at this point. I don't even… it hasn't been determined…"

"…who's even on the task force, Representative."

"Representative, I'm sorry. Was there a question or were you just…"

"Well, and certainly, Representative, you can direct that question, again, since it's out of the purview of this Bill, you can certainly call the Comptroller's Office and request information that you're looking for. Again, that has nothing to do with this legislation. What that has to 09600062.doc 34  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 do is questions that possibly the task force, which will be set up, can ask and look for information."

"That is outside the purview of what I'm trying to do with this legislation, which is to make sure that the consumers' money is protected."

"The Gentleman from Vermilion, Representative Black, for what reason do you rise?"

"Indicates she will."

"I'm sorry, Representative."

"I… I think there was a number of them, Representative. I'm not…"

"Thank you."

"Let him finish."

"The Gentleman from Winnebago, Representative Sacia, for what reason do you rise?"

"The Gentleman from Cook, Representative Lang, for what reason do you rise?"

"Thank you. Thank you, Mr. Speaker. Ladies and Gentlemen, to the Bill. I found the previous Gentleman's comments interesting. To take him at his word, you would think that every time a Member is passionate about something around here we have to be on their side which means, I suppose, the previous speaker will vote for ERA when it's on the floor because I'm passionate about that, and I suppose he'll vote for Representative Harris's civil unions Bill because he's passionate about that, and I suppose that he'll vote for anything that anybody's passionate about or against something that somebody else is passionate about. I don't think that really is what we're about here. We're about what we feel is right and just. Another speaker on that side of the aisle talked about Senator Burris. Well, you can raise that as a specter about this Bill, but I really don't think that has much to do with this Bill. You can raise it as a reason for being opposed to a Bill, but maybe you ought to read the Bill. And so, I understand that Representative Brady has strong views on this. I share his passion that we must do something about this. I share his view that we must move forward with this task force and the task force is moving forward, but Ladies and Gentlemen, Representative Dugan has a Bill before you that's dealing with a current crisis and a current issue that must be dealt with now. The task 09600062.doc 39  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 force could take a long period of time and then it will come forth with perhaps with legislation that may or may not pass, that will also take a long period of time. As you know, sometimes Bills around here take a long period of time. We should not sit around watching a crisis come up to our ears and not deal with that crisis. Representative Dugan has worked long and hard with many to try to craft a piece of legislation that will address the current crisis. Much of what I have heard here this afternoon are about extraneous matters, important, but extraneous to this Bill, aside the point from this Bill. Now, you can say, well, we… we're going to deal with all of this in a comprehensive way when we get around to it. I suppose, the… 'we're going to get around to it theory' works on a lot of things around here. But on this Bill, Representative Dugan is dealing with an issue, a critical issue, involving this industry and involving families. This is a Bill that is written in a proconsumer way, a Bill that if your constituents were standing here they would say, we ought to pass this Bill. We ought to pass this Bill to protect them, particularly at a time of crisis in their lives. We should not let politics get in the way of this Bill; we should not let passion get in the way of this Bill; we should not let Party affiliation get in the way of this Bill. This is a Bill about consumer rights at a time where there's a crisis in this industry that we must deal with today. You can put it off, but you're going to make the crisis worse. And I know that many of us who have favored the task force believe that the task force ought to move forward, ought to 09600062.doc 40  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 talk about this issue and others, but we have to deal with today's problem today, not tomorrow. And so, Representative Dugan is on the right track. All these other comments are extraneous. You know they're extraneous. And so, let's not vote against the Bill simply because one Member is passionate and as passionate as he is, and as correct as he is, that we should move forward on other aspects revolving around the problems in this industry, this Bill must not be stopped today. I strongly recommend that you protect consumers in Illinois and vote 'aye'."

"The Lady from Brown, Representative Tracy, for what reason do you rise?"

Speaker Turner: "The Gentleman from Cook, Representative Fritchey, for what reason do you rise? Representative Dugan to close."

"Thank you, Speaker and Members of the House. Thank you for all of the ideas and suggestions and comments about this particular Bill. And I, too, want to say and I do understand Representative Brady's passion and the belief of reform that is needed in this industry and I don't think that's anything that any of us doubt needs to take place and that's why the task force was set up. The issue and 09600062.doc 42  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 the difference here, with this particular Bill, is the fact that this addresses an item that deals with a loss in money, consumers' money, to the tune of almost $40 million that is believed to have been mismanaged. That is consumers' money. That's why this Bill is supported by the AARP, the Citizen Action, the Secretary of State's Office and the Department of Financial and Professional Regulation. The rest of the issues that want to be discussed in the task force need to go forward, but that is no reason why we would not take an industry and take action to protect consumers' money to say that it is going forward too fast and we should just wait. Forty million dollars of consumers' money has been mismanaged, so therefore, to wait for everything to be done and other reforms that others may want to do on this that I do support, we have to protect the consumers' money that unfortunately by this trust fund was stood to lose to the tune of $40 million. This is to protect the consumers. I ask for an 'aye' vote."

"So, the question is, 'Shall the House pass Senate Bill 1682?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? There has been a request for a verification, so Members are asked to punch their own switch. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 71 voting 'aye', 30 voting 'no' and 15 voting 'present'. Representative Rose."

"Let's give it a try. Mr. Clerk, read the affirmatives."

"Mr. Clerk…"

"Representative Rose."

"The Gentleman withdraws his request for a verification. So, on this question, there's 71 voting 'aye', 30 voting 'no', 15 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Dugan, one more time. We have Senate Bill 1905. Read the Bill, Mr. Clerk."

"The Lady from Kankakee, Representative Dugan."

"Thank you, Speaker, Members of the House. Senate Bill 1905 is the task force recommendation for the Health Facilities Planning Board. We have met… and the task force 09600062.doc 44  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 itself was mad up from members of all different areas of the health care arena along with senior… senior citizens, working men and women, Legislators. And we put together the task force that of course was approved through the House and worked for 15 months to address all of the concerns brought forward as far as the Health Facilities Planning Board and Certificate of Need process that we have in the State of Illinois. We all know that there was some issues that came forward with the Health Facilities Planning Board, and I think we all remember that that board was then disbanded and new members put on. We are looking as we listen to testimony from doctors from hospitals from constituents from organizations that represent the consumers, and we saw a lot of nursing homes… we heard a lot of testimony. We heard of a lot of different things that happened in that process that one is technically, in some cases, too expensive. In other cases, certainly, takes a lot of time and many things we think were put on… on hospitals and on nursing homes that maybe ne… didn't necessarily need to be done. There were people on the task force that were in support of remaining and keeping the Health Facilities Planning Board, and there were people on the task force that were opposed to keeping the Health Facilities Planning Board Certificate of Need; however, after 15 months and literally tons of hours of testimony from people all over this state, we came to the consensus together that it was in the best interests of this state to make sure to be able to provide access to health care to every resident in this state that we needed to keep in 09600062.doc 45  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 place the Health Facilities Planning Board and the Certificate of Need process but with reforms that are included in this Bill. Another main part of what this Bill does is it creates the Center for Comprehensive Health Planning. It was determined that by the task force that we not only need to make sure that people have health care access, but we really needed to look at what types of health care needs and facilities are needed in the state and how do we combine everything together and work with the groups together to make sure that people have the health care access. So, it is with that thought and after 15 months of working on this, Members of both sides of the aisle and aport… people that opposed the Bill, I mean, opposed the Health Facilities Planning Board along with those that supported it, we came to the consensus and unanimously agreed that we were going to bring to the General Assembly this legislation that makes reforms to the Health Facilities Planning Board and Certificate of Need process that then in turn ends up being in the consumers best… for best for the consumer and certainly for all of us who have concerns about access to health care. This particular piece of legislation addresses the concerns and unanimously we agreed that we were going to bring it back. And so, I certainly would appreciate an 'aye' vote. It is something that took a lot of work, a lot of investigation and we believe that we have made changes that are good for this state, that are good for health care and certainly, then are good for the people of this state. Thank you very much." 09600062.doc 46  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

Speaker Turner: "The Gentleman from Jasper, Representative Reis, for what reason do you rise?"

"Indicates she will."

"Thank you, Representative. And I just want to remind the Body that when the issue of the corruption on the Health Facilities Task… Planning Board took place that board was dismantled immediately."

"The Gentleman from Cook, Representative Lang, for what reason do you rise?"

"Thank you, Mr. Speaker. I rise in support of the Bill. Representative Dugan and Senator Garrett and many others toiled for a very long period of time to draft a really good Bill. We are all aware of the problems at the Health Facilities Planning Board. We're all aware that there needed to be substantial changes there. This makes those changes, but it makes them in a way that not just reforms the board but puts us in a position where we'll actually do some planning. You know, the Health Facilities Planning Board really has only been a paper-pusher over the years. 09600062.doc 47  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 They've never actually done planning for health care. And now, when this Bill passes and the Governor signs it, we'll have a body and a separate planning board that actually helps us decide where we need medical facilities in Illinois and where we have too many medical facilities in Illinois. This will be, in the long-term, the best possible thing for our consumers, the best possible idea for improving health care in our state. I want to applaud the chairs, Representative Dugan and Senator Garrett, who did a really excellent job and I also want to commend staff who really helped put the report and the final Bill together. This is a Bill we definitely should pass."

Speaker Turner: "The Gentleman from McLean, Representative Brady, for what reason do you rise?"

"Indicates she will."

"There was a task force that was set up, Representative, after, of course, when the issue happened with the…"

"…Health Facilities Planning Board."

"Immediate action was taken and in addition to that immediate action taken by this General Assembly, we then set up a task force." 09600062.doc 48  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"Thank you, Representative."

"The Gentleman from Vermilion, Representative Black, for what reason do you rise?"

"State your inquiry."

"Mr. Clerk, are there any Amendments?"

"Indicates she will."

"No, it is not."

"Correct. That was the special nomination panel, that came out in House Amendment #5." 09600062.doc 49  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"We've… we've had some issues and it became very apparent that with the smaller number of members, unfortunately, it's a hard to get a quorum which then therefore, puts everything kind of on hold. And as health facilities are looking to do what they need to do, unfortunately, a smaller number on the board and so, that's why it was determined to make it larger."

"Their expenses."

"I believe there was one that received about $300 a day and that was in the…"

"…while they were in session. That was in the law from what I understand, Representative."

"Correct."

"That… that is correct."

"Yes." 09600062.doc 50  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"Yes."

"Correct."

"Bring your remarks to a close."

Speaker Turner: "The Gentleman from McHenry, Representative Franks, for what reason do you rise?"

"To the Bill."

"To the Bill."

"Mr. Black is a tough act to follow, but what he said had a lot of merit. And I think… I hope that the Body is listening closely to what Mr. Black had just said. While we're facing a huge budget deficit, we're contemplating increasing the cost of government and also limiting the amount of health care that can go to our residents. When the Health Facilities Planning Board was started some 30 years ago, it was done to try to bring additional health care to those that needed it the most. It has been an abject failure. It's also been a cesspool of corruption. Just a few months ago all of us voted to impeach a former Governor. Much of the evidence was taken from the Tony Rezko trial where Rezko had such influence over the boards and commissions and this is one that he had co-opted. We should not be extending this planning commission for another 10 years. The right vote here is to abolish it. If we talk… if you look at it economically, the Justice Department and the Federal Trade Commission have both said that the Health Facilities Planning Board does nothing to bring additional health services; in fact, it's as an 09600062.doc 53  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 impairment to bringing health services. And what it does is it drives up prices artificially and it promotes monopolies. This is an archaic board that needs to die. I cannot think of any other business that needs this type of regulation. We don't… we don't have our banks and real estate telling us that we can't open banks on every corner or have a real estate business on every corner. Health provision is extraordinarily important, but what the Health Facilities Planning Board does is inhibit the ability to provide medical services. It does nothing to promote additional services. I would encourage all of us, if you really believe in reform, if you really believe that we need to take back our government and we need to do things differently. Let's start right here and right now. Let's abolish this ridiculous commission that has caused us nothing but trouble, that the government says should go… the Federal Government should go… and for those of you that may read the Chicago Tribune, they've editorialized on this… excuse me… numerous times. The logical vote here, folks, if we really want to make a stand and if you really care about reform, is to vote 'no'. Anything else… if you vote 'yes' on this, what you're saying is the status quo is fine; let's keep doing what we're doing and taking a total blind eye of what's happened in this state. Please vote 'no'."

"The Lady from Cook, Representative Bassi, for what reason do you rise?"

"Indicates she will." 09600062.doc 54  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"Yes."

"Correct."

"The… the chairman's position… I think what the thought of the task force was, is the chairman's position would become a full-time position to oversee, which is not the way it's done now. We're doing away with the executive secretary's position, and now what we're doing instead it will… we're recommending a full-time chairman of the board instead of an executive secretary, kind of like… like the Commerce Commission where we have a chairman of the board. The members of the board, it was decided to look so that we could make sure that we had people that were committed to this board and that… and to spend… there's a lot of time that's spent, if you've ever been to one of these Certificate of Need…"

"…hearings."

"Yeah. And so, it takes a lot of time and these board members work tirelessly on… on applications. So, that's why it was determined by the task force to recommend payment for them."

"Yeah. There's been six speakers on this Bill and this Bill is on Short Debate. I'll take one more proponent and one more opponent and then we'll move the question. Representative Rose is an opponent. The Gentleman from Champaign, Representative Rose."

"Indicates she will." 09600062.doc 56  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"Well… well, the Center for Comprehensive Health Planning is something new, Representative, that's been set up by, you know, that has… that's in this legislation. It actually sets up the Center for Comprehensive Health Planning, and we believe that we certainly need a comprehensive health planner overseeing that health planning commission that will be set up."

"There used to be…"

"We… we do set the salaries for other executive director in agencies, Representative, and that's what this is."

"I believe it's by statute, Representative."

"You're not joined by anybody, so the last speaker will be Representative… the Gentleman from Bond, Representative Stephens." 09600062.doc 58  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"I did not see five Members representing the hand, Representative."

"The Lady from DuPage, Representative Bellock, for two minutes."

"She indicates she will."

"Yes, we did. That… the Lew… the Lewin Report."

"Yes, correct."

"They will be nominated by the Governor and… but they have to be approved by the Senate and they are… they're appointed for three years. And then… and then they have to be… go back in front of the Senate again. I mean, it's just not they're reappointed by the Governor. So, it's for three years and then by… and only for three terms."

"Well, what necessitated it, Representative, is in the task force we… as we talked about the plan, the health plan in the State of Illinois and what planning had… 'cause that's something that should have been being done."

"And unfortunately… and unfortunately in the Department of Public Health. And unfortunately it was…"

"Bring your remarks to a close."

"The Lady from Lake, Representative Osmond for two minutes."

"…Bill."

"The Gentleman from Cook, Representative Miller for two minutes."

"Thank… thank you. Will the Sponsor yield?"

"Indicates she will."

"Representative, there's been comments in regards to selection process of members on the board. Is there any description that… for individuals who are to be considered?"

"Yes, there is. It's in the… it's in the Bill. It does list and I can look… They have to have at least, you know, the knowledge of the health care system. In fact, it's actually, Representative… and I can find it in the Bill, but yes, it actually details as far as to the… the members of the board and what they need to have."

"And as far as some of the… the statements have been made dealing with the problems of… of the board in the past, specifically, how does this… how does this Bill deal with some of the issues that are in regards to it? Are there any requirements in terms of transparency or other… any other of the reform measures that we've… we passed earlier?"

"I believe, Representative, probably… I mean, that the way that they're appointed to the board and then the Senate 09600062.doc 62  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 confirmation and the Senate confirmation all the time. It's not just automatically that they get on. Also, as far as the process itself, we have done away with the executive secretary position. So, we did address what some thought was a concern as far as some of the staff, in the talking that would be going on between the board and CON processes. And we looked at that we decided that's where we came up with where we believed the chairman of the board instead of an executive secretary was a better idea, made someone more accountable on that board than what has been done in the past…"

"Let… let me cut you off because the time is short. It just… also and last question, in regard… in regards to concentration and in terms… terms of health care deserts. Is there… is the goal of this is to make sure that access to care and health care is dispersed throughout areas as opposed to cherry picking in more affluent areas?"

"Correct. The safety net hospitals is one of the main issues, and I think, as one of the other Rep…"

"Bring your remarks to a close."

"Thank you, Mr. Speaker. To the Bill. I support this legislation and I understand some of the problems that historically had existed with this. I think the Representative has tried to at least deal with some of those problems based on some… the committee's response and report. However, there also is the bigger issue of access to health care. Until we have some sense of a uniform… a uniform health care system, you have to make sure that… that hospitals do not cherry pick in communities of wealth 09600062.doc 63  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 versus communities of poor where they know that reimbursement rates were… where… will be greater, where they know whether maybe the quality of life may be greater and to make sure that all residents have access to health care. At least, this helps with that problem as we move for universal health care. Thank you."

Speaker Turner: "The Gentleman from McHenry, Representative Tryon, for what reason do you rise? Two minutes."

"Indicates she will."

"Bring your remarks to a close."

"The Gentleman from Crawford, Representative Eddy for two minutes."

"Yes, Representative. That was because of the number of members of the board that need to be present to have a 09600062.doc 65  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 quorum and unfortunately, it was… it was being… it was found that with a lower number on the board…"

"…many times there wasn't a quorum."

"No, but Representative, there… there were… there are many different boards that we have in this state where we do pay and it becomes a commitment from those people, especially when there's a lot of hours that they put into this. We also believe and I think Representative Lang had talked about as far as the amount of money and how that was determined. The chairman, of course, being a full-time position. That's… we're changing the way that this commission was actually set up."

"The Gentleman from Cook, Representative Lang, for what reason do you rise?"

"Thank you, Mr. Speaker. My name was used in debate, so I'll rise on a point of personal privilege, if I might."

"State your point."

"Thank you. I am listening to this debate, and I have no idea what the heck most of you folks are talking about. Yes, this Bill costs a little money, but we're talking about the future of health care in the State of Illinois. We're talking about trying to put a board together that works, that shows up for work, that is professional, that is beyond corruption. The previous board was not beyond corruption. And the previous board couldn't… oftentimes couldn't get their work done because they couldn't get a quorum. So, the reason for making the board larger is not to create a larger bureaucracy but to make sure they have a quorum. Much of the testimony that the committee heard over 15 months was just about the process of how the board works, what the board does, how the board goes about its business. Many witnesses said, we need a larger board. Many witnesses said, you know, the best way to make sure this board is beyond corruption is to pay them full-time 09600062.doc 67  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 salaries. Get qualified people who understand what health care is about, who understand what health care planning is about and pay them a salary so they'll… they'll do their job, so they'll care about the product and so we can have planning about health care for the future of health care in the State of Illinois. Now, many of us talk about plans that will cost the state millions and millions and billions of dollars to improve the health care of our state. This is a Bill that won't cost billions of dollars. It's to create a board that will do planning for health care so that when we have the cash to improve the health care system in the State of Illinois we'll be there to do it. So, we'll have a plan. Where should we put a hospital? Where should we not put a nursing home? Where should we put a free-standing health care clinic? Where should we not put one? We don't have that in place in Illinois today. And so what we have are many communities in this state that have…"

"There are… there are two speakers left and both have spoken in debate, and I don't recall their names being called. So, we're going to… Representative Black."

"But you've had the last word and on that, Representative…"

"Representative Dugan to close."

"I would just like an 'aye' vote. This is very important to the health care and access to people of this state. Thank you."

"And so the question is, 'Shall the House pass Senate Bill 1905?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 92 voting 'aye', 23 voting 'no', 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Gentleman from Vermilion, Representative Black, for what reason do you rise?"

"The Lady from Cook, Representative Currie, Majority Leader Currie."

"I object to the Gentleman's Motion."

"The Lady has objected to the Motion. And so, the question is, 'Shall the House be sustained?' Chair be sustained."

"It's a good day, Representative."

Speaker Turner: "I don't want to make any mistakes, Representative. So, the question is, 'Shall the Chair be sustained?' The Gentleman from Bond, Representative Stephens, for what reason do you rise?" 09600062.doc 70  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"Representative, Representative."

Speaker Turner: "Representative. To the Motion, Representative."

Speaker Turner: "'Should… the Motion is whether the Chair should be sustained."

"And to that question…"

"Correct."

"Think he… do you think he’d really sound like that?"

"… difference.”

"So, the question now… the question is, 'Shall the Chair be sustained?' Ladies and Gentlemen, according to the rules there is one person on Rule 50… Rule 57, if you'll read that Rule, I would think that we've heard from the one person who is a proponent. There is no one else that's willing to speak as… After we discharge this Motion, let… State your point, Representative."

"Twenty of them."

Speaker Turner: "It would be a violation of the Rules, Representative, for me to let all of those…"

"Well, then they can do that after they vote on whether I should be sustained."

"Then you can… you can continue to air out anybody's laundry you choose, wherever you choose to do it, 09600062.doc 73  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 but on the floor we're going to move to this question. And the question is, 'Shall the Chair be sustained?' The Gentleman from… Representative Black, you've made the Motion."

"Representative, it appears that you're trying to bring an intervening Motion. We have a Motion currently on the floor, and so now you want to bring another Motion before we vote on this Motion…"

"…that's currently on the floor?"

"Representative, you're trying to discuss an issue that's before the Rules Committee. That issue is not on the floor. So, the question you've asked is whether we should discuss the discharge from the committee and bring that Bill to the floor. It has been objected to. The quest… the next question on the floor you've asked to appeal the Chair."

Speaker Turner: "The question now is, 'Shall the Chair be sustained?' You've now have with… come with another Motion that says, if there's 71 Members here who wants to overrule that recommendation that we should take that vote. I say we take the first Roll Call first. If you then want to make another Motion, we would… the Chair would gladly entertain that second Motion."

"It's no problem. If you choose to start the debate over again, we’ll take another Roll Call. We will debate it as long as you want to debate it, we'll take Roll 09600062.doc 75  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 Calls as often as I call them. Care to withdraw this Motion that's before the Chair now or should we just go ahead and start taking the Roll Calls?"

"Representative Black, we've taken into your consideration your thoughts on the parliamentary ruling. I agree with the parliamentary ruling that was made earlier and to that Motion, we're going to now entertain the question, 'Shall the Chair be sustained?'"

Speaker Turner: "Moving to the question, the question is, 'Shall the Chair be sustained?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the question. On this question, there are 65 voting 'aye', 48 voting 'no', 0 'presents'. And the Chair is sustained. The Gentleman from Crawford, Representative Eddy, for what reason do you rise?"

"Thank you, Representative. The Gentleman from Winnebago, Representative Sacia, for what reason do you 09600062.doc 76  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 rise? The Gentleman from DuPage, Representative Reboletti, for what reason do you rise?"

"Representative…"

Speaker Turner: "The Gentleman from Bond, Representative Stephens, for what reason do you rise? And the Gentleman from Vermilion, Representative Black, for what reason do you rise?"

"State your inquiry."

"Mr. Clerk, what's the status of House Bill 4571?"

"And at the appropriate time we will read the Bill into the record. It was just filed today."

"Representative, practice has been without an agreement on both sides that usually, once the Bills are read, they're usually read in during the Perfunctory Session."

"That's been… that's been the appropriate time in the past."

"Representative, if you want to discuss your recommendation or your ask with the Majority Leader that we're clear as to how we move forward with this, the Chair has no problem with entertaining it."

"There is no objection to reading the Bill in the record. All Bills will be read in the record at the appropriate time, Representative."

"Representative Black… Representative Black, would you care to state your Motion again so that we're clear?" 09600062.doc 78  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"Representative, House Rule 54(a) on page 34 Section 1 says that the presiding officer may refer any Motions to the Rules Committee, but we're going to be very fair today, and we want to make certain that we're very transparent. And so, we're going to put this Motion that you've requested on the board and ask if the… if we should change the Order of Business. So, the question is, 'Shall we change the Order of Business?' If you believe that you should change the Order of Business, you should vote 'yes'. If you agree with the Representative… with the presiding officer, you should vote 'no'. So, the question is, '… All those in favor or all those who agree that we should change the Order of Business should vote 'aye'; all those opposed vote 'no'. The voting is now open. The Motion requires 71 votes. Have all voted who wish? The Clerk shall take the record. On this question, there are 47 voting 'aye', 68 voting 'no', 0 'presents'. And the Motion fails. The Gentleman from DuPage, Representative Reboletti, for what reason do you rise?"

"State your point."

"The Gentleman from Vermilion, Representative Black, for what reason do you rise?"

"And on that question, Majority Leader Currie."

"Thank you, Speaker. I object to the Motion."

"Representative Kosel, the Lady from Will, for what reason do you rise?"

Speaker Turner: "The Gentleman from McHenry, Representative Tryon, for what reason do you rise?"

"…Motion."

"The Lady from DuPage, Representative Pihos, for what reason do you rise?"

"…Motion."

"The Gentleman from Vermilion, Representative Black, one more time." 09600062.doc 84  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"And ruled on the Motion. Do… do you still want to proceed with that Motion?"

Speaker Turner: "So, the question is, 'Shall the Chair be sustained?'"

"Yeah…"

"To your Motion."

"Representative, rest assured that we will be dealing with a Bill before we leave here that deals with transparency and dealing with some open reform. Just stick around, it won't be long before the day is over hopefully, but before we adjourn we will be addressing that issue. So, the question is, 'Shall the House be… shall the Chair be sustained?' All those in favor should vote 'aye'; all those opposed vote 'no'. The voting is now open. Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 66 voting 'aye', 48 voting 'no', 0 'presents'. And the Chair is sustained. Representative Mautino in the Chair."

"Representative Mautino in the Chair. The Gentleman from Vermilion is seeking recognition, Representative Black."

"Certainly, Sir."

"The Gentleman from Crawford, Representative Eddy."

"Sir, state your inquiry."

"I think that there's been a lot of work done between the chambers and the Governor's Office. And I do believe we'll see an excellent package of change in reforms in many areas of State Government soon."

"I know that that is definitely one of the issues that has been discussed and will be addressed."

"Yeah. I would expect that. As a matter of fact, even bullet points for…"

"I've… I've always been a fan of the Evelyn Wood Speed Reading courses; however, not everyone has taken them. But I think we should have bullet points and staff should be given definite notice and should have some input."

"The Gentleman from Bond, Leader Stephens."

"Thank you. I'll take those comments under advisement and I agree, though, he should always have his medication. Clerk."

"On page 7 of the Calendar appears Senate Bill 189. Place that on the board. Read the Bill."

"Speaker Madigan on Floor Amendment #2."

"Mr. Speaker, I move for the adoption of the Amendment."

"The Gentleman has moved adoption of Amendment #2. And on that question, the Gentleman from Vermilion is seeking recognition. Representative Black."

"Yes, Sir."

"Oh…"

"Speaker Madigan."

"Mr. Speaker, somewhat in a response to previous remarks, all elements of this Bill have been before House Committee already. In terms of a draft that was submitted to Republican staff, in terms of any changes in the draft; that was shared with Republican staff. This is the Freedom of Information Act. Those that wanted to be interested in this issue have been able to be involved in the issue. Those that wanted to make suggestions, those that wanted to work with the interested of stakeholders were all permitted to participate in the discussions. Senate Bill 189 is part of a package of ethics reforms that the House has passed this year. One of the bedrock principles of our ethics reforms has been transparency in government. In Senate Bill 51, we provided that the procurement process would be made more transparent by requiring public disclosure of all bid documents and procurement decisions and in addition, that there be public hearings for exceptions to sealed bidding. In Senate Bill 54, we made the Ethics Act more transparent by: one, publicly disclosing disciplinary decisions for ethics violations; two, requiring public 09600062.doc 91  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 hearings for revolving door issues; three, requiring weekly reports of all expenditures by lobbyists during the Session. In Senate Bill 2090, we abolished the Compensation Review Board and we will be held accountable for pay increases on up or down votes before the Legislature. In Senate Bill 1333, we required that Governor Quinn review all employees placed in favored double exempt positions by Governors Ryan and Blagojevich and either retain or fire them within 90 days. With Senate Bill 189, we amend the Freedom of Information Act to facilitate access to information at all levels of government. The Bill would create a public access counselor under the Attorney General to settle disputes between public bodies and people requesting information. The public access counselor will do the following: one, issue binding opinions to resolve disputes; two, issue advisory opinions to guide public bodies; three, pseudo enforce FOIA in four trained FOIA officers at all levels of government. The public access counselor will also resolve disputes regarding the Open Meetings Act. The Bill provides a presumption of disclosure. The government… the government, must prove an exemption from FOIA by clear and convincing evidence. There will be quicker FOIA responses. It shortens the initial time to respond to FOIA requests from seven to five business days. It shortens the time for extension from five… from seven to five business days. It cuts down the time from 21 days to 10. The Bill would impose stiff, civil penalties for FOIA violations. Courts may impose fines from 2500 to $5 thousand against public 09600062.doc 92  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 bodies that intentionally violate FOIA. The current law contains no penalties. There will be mandatory attorney fees to FOIA requesters who prevail in court. The current law is only permissive. It requires public bodies to produce records in electronic format. If a requester asks for a document that is maintained in electronic format, the public body must produce it in the format if possible. There will be consequences for failing to respond to FOIA requests. If a public body does not respond to a FOIA request, it cannot charge for copies or claim the request is unduly burdensome, which is an often abused exemption. It narrows and clarifies the personal privacy exemption. This exception has been identified as the most abused. We provide narrow category of private information include definition of unwarranted invasion of privacy. The Bill would add scrutiny to the private exemption and the deliberative process exemption. Public bodies that claim either of these exceptions must automatically submit their position to the public access counselor for review. It limits copy charges. The first 50 pages are free, then 15 cents a page. Color or larger documents are limited to actual cost. Provides for designated FOIA officers in training, public bodies shall designate a FOIA officer who will be accountable for FOIA decisions and who must complete annual training by the public access counselor. The public access counselor shall also provide annual training on compliance with the Open Meetings Act. Mr. Speaker, I move for the adoption of the Amendment." 09600062.doc 93  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"The Gentleman has moved adoption of Floor Amendment 2 to Senate Bill 189. And on that question, the Gentleman from Vermilion, Representative Black."

"And with that, all in favor of adoption of Floor Amendment 2 say 'aye'; opposed say 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk, Third Reading. The Lady from Lake, Representative Osmond."

"How long will you need for your caucus?"

"Okay. For one hour, the House will be at the call of the Chair. The House stands at ease. The House will be in order. Mr. Clerk, place Senate Bill 189 on the board and read the Bill a third time."

"Speaker Madigan."

"Mr. Speaker…"

"Yes, Speaker." 09600062.doc 94  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"…is Mr… is Mr. Black ready? Could you ask Mr. Black if he's ready?"

"The Gentleman from Vermilion is preparing his notes."

"And Mr. Speaker, is the Bill on Third Reading?"

"Mr. Clerk, status of the Bill."

"Yes, Speaker Madigan, it's on Third Reading. The Gentleman from Crawford is seeking recognition, Representative Eddy."

"Speaker Madigan."

"Mr. Eddy, as you know, I explained the Bill on Second Reading. I would simply say I’m prepared to take questions."

"The answer is no." 09600062.doc 95  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"Teacher records are not changed."

"The answer is yes."

"If the government follows the direction of the public access counselor, then there would be no liability for the government."

"The answer is yes."

"The public body will decide who would perform that function and then that person would be trained by the public access counselor."

"The answer is yes."

"That decision would be made by the court."

"Yes."

"There's no reimbursement."

"Our view is that appropriately the local government should bear that cost. I think you would agree with me that the problem in Freedom of Information requests has been with local governments and with elements of the 09600062.doc 97  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 Blagojevich administration. And so, argue was a good way to compel compliance with the statute is to impose stiff civil penalties for noncompliance."

"The answer is yes."

"A few points, Mr. Eddy. Number one, that sounds like it might be subject to the Open Meetings Act, but then going to Freedom of Information, the answer is yes. It would be FOIable; however, it might be covered by an exemption, such as an exemption for the deliberative process or an exemption on privacy."

"The answer is yes."

"Mr. Eddy, the best to answer I can give your last question is that the text message likely would not be under the purview of the public body."

"The answer is yes."

"If the message is under the control of the public body, the answer is yes."

"The answer is yes."

"The answer is yes."

"Further questions? And with leave of the Body, I'm going to turn the timer on at five minutes. We 09600062.doc 99  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 have seven people seeking recognition. Next to speak will be the Gentleman from Vermilion, Representative Black."

"It's you."

"He indicates he will."

"It's, as I said earlier, Mr. Black, all elements of this Bill were subject to a public hearing before a committee of the House and we have maintained an open dialogue with all of the stakeholders to the Bill."

"Mr. Black… Mr. Black."

"I know you'll be pleased to know, that we've been advised that at this moment the staff of the Illinois Press Association has enthusiastically recommended support of the Bill and that recommendation is being considered by the board of directors of that association at this time."

"I would think that… it would be a short meeting and shortly they’ll be on the phone to you."

"No."

"The answer is yes."

"Well, Mr. Black, I'd let the Attorney General answer that question and speak to those questions."

"Mr. Black, the government can always assert that the request is unduly burdensome. And in addition, in the Bill specifically states that repeated requests for the same information can be denied."

"Could you bring… Could the Gentleman bring his questions to a close? Representative Black."

"The… the individual making the request has the option to go to the public access counselor or to court."

"And I… Mr. Black, because they like you so much, Mr. Black, Mr. Craven has just called that the Press Association supports the Bill."

"Sure."

"The answer is yes."

"Correct."

"That's why we've provided for the public access counselor…"

"…in the Bill."

"The answer is yes."

"Would be exempt?"

"I'm advised the answer is yes."

"The Gentleman will finish this question then a number… another Member be able to yield."

"The answer is yes."

Speaker Mautino: "Further questions? The Lady from Cook, Representative Nekritz."

"Thank you, Mr. Speaker. I just have some questions for… to clarify the legislative intent under this. Under… It's my understanding that under this Bill, an agency's required to provide records requested by the public access counselor. What if some other State or Federal Law precludes disclosure of those records to some other party like HIPAA, an IG report or something like that? How does that… how does that get resolved?"

"Point number one, the Attorney General will review those documents in confidence. They would be kept confidential. Point number two, if it were a Federal Law in conflict, why, the Federal Law would control."

"Okay. And… and if some investigating authority such as the U.S. Attorney asked to have that certain records not be disclosed similar to what happened in the Impeachment Committee, what… what would be the result there?"

"As has happened in the past, the Office of the U.S. Attorney could interact with the Office of the Attorney General, make a request, but the final judgment… the final decision would be made by the Attorney General."

"Okay. The public access counselor can also issue subpoenas to obtain records related to an alleged violation of the Open Meetings Act or the Freedom of Information Act and it specifically states that if a public body fails to furnish specified records pursuant to this Section or if 09600062.doc 105  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 otherwise necessary, the Attorney General may issue a subpoena to any person or public body having knowledge of or records pertaining to the alleged violation of the Act. What is 'or if otherwise necessary' mean?"

"That was an attempt to give the office full discretion not to tie their hands, and it's an acknowledgement that we just don't know what might happen."

"So, would the subpoena power… could that be utilized for some reason outside of a review being conducted by the public access counselor?"

"It must be related to that purpose."

"Okay. So, the public access counselor can issue a binding opinion against a state agency, and if the state agency wishes to challenge that opinion, would… would the Attorney General represent both parties, which party?"

"Pursuant to the usual rules on conflicts of interest, I would expect that parties would be given their counsel of choice."

"And forgive my ignorance on this, does both parties then have a… have an opportunity to select the counsel of their choice in this instance?"

"Representative Nekritz, could… could you repeat your question?"

"So… you said that the parties would be able to select their attorneys of choice, and I just don't know in these instances, historically, whether the Attorney General makes a decision as to which party he or she is going to represent and then the other party gets their choice of 09600062.doc 106  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 counsel or whether both parties get their choice of counsel when the Attorney General has a conflict?"

"It would be the state agency that could choose outside counsel if they wish."

"I see. Okay. Thank you. And normally in civil litigation, a party has to meet a preponderance of the evidence standard in justifying its actions. In this Bill, the public body has to meet the clear and convincing standard in defending its use of exemptions. Is it… why is it necessary for the public bodies to meet this higher standard?"

"We wanted to make very clear to the local governments that we're very serious about this effort."

"Okay. And then the Bill gives the Attorney General the power to issue an advisory opinion to public bodies upon request of the public body. I understand later in the Bill it says the Attorney General may also issue advisory opinions for any reason. Can you clarify for me whether it's on request only or for any reason?"

"The second Section was put into the Bill because in other instances the Office of the Attorney General issues advisory opinions, and we didn't want to have any confusion as to that continuing authority."

"I see. So, the later part of the Bill refers to not… not just restricted to these Freedom of Information Act opinions, but any… any advisory opinion that the Attorney General might issue?"

"The answer is yes." 09600062.doc 107  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"Okay. Thank you, Mr. Speaker. And I would… I would hope that as we move forward if some of these things become issues that we might revisit this to clarify them. Thank you."

"Further discussion? Representative Durkin."

"He indicates he will."

"Yes."

"Yes."

"No."

"Yes."

"They have a standard procedure for matters where there are conflicts, and in an instance like this, they would follow that, but they could… they would provide that someone else would stand in place of the public access counselor."

"Mr. Durkin, I don't have the… the specific answer for that question right now. The best I can give you is to say they have a standard procedure, and obviously, they would follow that."

"Yeah."

"The answer is yes."

"Further questions? Representative Tryon."

"Indicates he will."

"The answer is that as a public record that would be subject to FOIA, but please understand that you do have exceptions in the statute such as privacy, deliberative process."

"Let me also add, you can do redactions."

"You can do redactions."

"Again, it's subject to FOIA, but let me add that the intent of this Bill is not to look with favor upon governments entering into sealed records and sealed agreements of court. I mean, that's part of what we're trying to do here. We're trying to open things up."

"And we certainly would not want to be encouraging governments to enter into agreements like that." 09600062.doc 110  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"The answer is yes."

"The Illinois statutes that are concerned with retaining records are not changed at all."

"We have not changed the current law."

Speaker Mautino: "Further questions? The Lady from Cook, Representative Mulligan."

"He indicates that he will."

"No."

"Other sections of Illinois law would pertain to that."

"That Section of the statute is not changed."

"Again, no change in the statute. And after you go through that review that you're talking about they become public records subject to FOIA."

"The answer is no because it's the public body."

"The answer is yes."

"Again, Representative, we have not changed that Section of the statute."

"I presume that there had been interpretations of that statute, presumably in court decisions and we have not changed any of that."

Speaker Mautino: "The Gentleman from Cook, Representative Lang." 09600062.doc 113  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"Thank you, Mr. Speaker, Ladies and Gentlemen. To the Bill. In all the zeal to ask the Speaker questions about the Bill, nobody's actually spoken up for the Bill, so I think it's a good time to do that. Mr. Speaker, Ladies and Gentlemen, people around the state have been asking for reform in a number of ways. This is one more piece of that reform that will come out of this House before the end of this week. We all know we did procurement reform; we did reform of the governance of the pension systems and this is but the next piece. There will be those around the state that say, well, it isn't enough; it isn't right; it isn't this; it isn't that, but those that worked hard on this, particularly Speaker Madigan and staff on… put together a great piece of legislation. As you know, as you heard, the Press Association, who was its biggest critic, has signed off on it. The Attorney General of Illinois worked hard on this and I think it's time for all of us to make sure this becomes the law of the State of Illinois. It's got a number of provisions that are important to type… to tighten up FOIA, to make sure that documents and information is available to our citizens, to the press and in our effort to clean up Illinois, subsequent to the Blagojevich years, it's important that we take this step forward to make sure our people are aware that we are as serious about reform as they hoped we would be. This Bill is a significant and important piece to make sure that happens. And I would recommend passage."

"The Gentleman has moved passage of Senate Bill 189. Speaker Madigan to close." 09600062.doc 114  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"Mr. Speaker and Ladies and Gentlemen, this is the fifth item reported by the Joint Committee on Government Reform. You may recall that when we created that committee by action of the House and the Senate, there were those who said this committee won't do anything. This committee will not report anything; nothing will come out of this committee. So, let me point out to you, this is the fifth item to be reported by the Joint Committee on Government Reform. Senate Bill 51, which made the procurement process more transparent and provided insulation around the procurement process from undue influence by those outside the process and even by people in the Governor's Office. Senate Bill 54, the ethics statute, which provided more transparency by providing that the… the reports… the reports coming from the Inspector General would be made public, that there'd be public hearings, revolving… revolving door issues and that there would be weekly reports by all of the lobbyists. Senate Bill 2090 repealed the Compensation Review Board and said quite clearly for there to be salary increases in the future, there's going to be a vote, up or down, in the Legislature. Senate Bill 1333, which would require the complete review by Governor Quinn by all policy-making decision makers appointed by Governors Ryan and Blagojevich and now, Senate Bill 189, which dramatically changes the Freedom of Information Act, and as I mentioned in my remarks earlier, the Bill now is supported by the Illinois Press Association. I would ask for a 'yes' vote." 09600062.doc 115  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"The Gentleman has moved passage of Senate Bill 189. The question is, 'Shall this Bill pass?' All in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. 116 voting 'yes', 0 voting 'no', 0 voting 'present. Senate Bill 189, having received Constitutional Majority, is hereby declared passed. The Gentleman from Vermilion, Representative Black is seeking recognition."

"Certainly, state your point, Sir."

"It's the intent of the Chair now to go to Bills on Third Reading, starting from page 3 of the Calendar appears Senate Bill 450, the Sponsor, Representative Reitz. Out of the record. On page 6 of the Calendar is Senate Bill 2172. Representative Mendoza is at her seat. Mr. Clerk, read the Bill."

"Put the Bill on Second Reading, I believe for the purpose of Amendment. On Floor Amendment #1, the Lady from Cook, Representative Mendoza."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House… oh, Amendment #1, hold on. Are we doing Amendment #1 or #2?"

"Amendment #1."

"Okay. Okay. House Amendment #…"

"And then… then we'll need to do Amendment #2."

"Yeah, then we'll do #2."

"So, we'll start with one and then go to two afterwards."

"Okay. Sorry. I thought… I thought we had already adopted one. Okay. House Amendment #1 changes a couple Sections of the DCEO law of the Civil Administrative Code. It's responding again to a 2006 audit of DCEO that found that the department was not adhering to various Sections of that Code. This Amendment simply makes these Sections permissive by changing the word 'shall' to 'may' in the beginning of each Section. And it will basically correct the audit findings of 2006, which would be repeat findings in the 2008 audit without this technical change. Would ask for your support of the adoption."

Speaker Mautino: "The Lady has moved adoption of Floor Amendment 1 to Senate Bill 2172. All in favor say 'yes'; opposed say 'no'. The Amendment is adopted. Further Amendments?" 09600062.doc 118  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"The Lady from Cook, Representative Mendoza on Floor Amendment 2."

"Thank you, Mr. Speaker. Floor Amendment #2 deals with the trade show acquisition program where the Department of Commerce and Economic Opportunity would be authorized to reimburse the Metropolitan Pier and Exposition Authority for incentives awarded by MP&EA to attract large conventions, meetings and trade shows to McCormick Place or Navy Pier. The following strict guidelines would safeguard the program: DCEO and MPEA and the TTTV must consult before granting the incentive, the convention, meeting or trade show receiving the incentive must have a registered attendance of over 10 thousand people, it must be shown that, but for the incentive, the convention, meeting or trade show would not have been used by McCormick Place or Navy Pier… would not have used those places, and the program amount is capped at a maximum of $10 million per year and again, would not be given unless if the trade show met all of the prior requisites. So, I would ask for your support of that as well."

Speaker Mautino: "The Lady has moved adoption of Floor Amendment #2 to Senate Bill 2172. All in favor say 'yes'; opposed say 'no'. The 'yeses' have it. Amendment #2 is adopted. Mr. Clerk, any further Amendments?"

"Place this Bill on Third Reading and read the Bill for a third time." 09600062.doc 119  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"The Lady from Cook, Representative Mendoza."

"I guess I pretty much explained the Bill as is, so I would ask for your support. And be happy to answer any questions."

"The Lady moves passage of Senate Bill 2172. And on that question, the Gentleman from Tazewell, Representative Sommer is seeking recognition."

"She indicates she will."

"Yes. Reimbur…"

"Reimbursements are from amounts appropriated by DCEO from the MPEA incentive fund."

"All right. So, after the convention comes in, before they can even be approved for this grant, they would have to prove that they're going to meet all of the prior requirements."

"And once they accomplish that, then they would be reimbursed the money."

"Right. For example, you know, the conventions are booked at least 18 months in advance and so we'd have… we'd 09600062.doc 120  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 know how much we would need to appropriate. This has a fiscal impact of zero for 2010 and again, there's a whole bunch of hoops that the… the trade group would have to go through in order to even qualify for the grant."

"Exactly."

"I would certainly hope so. I think this is a really great step. It's a creative process that we're using here for the first time and I would anticipate and actually encourage other convention centers in other parts of the state to look at how this works out and hopefully be able to accommodate them as well."

"I think that's a great idea. I'd be happy to support that."

"The Lady has moved passage of Senate Bill 2172. No one else seeking recognition, the question is, 'Shall this Bill pass?' All in favor vote 'yes'; opposed 09600062.doc 121  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. 115 voting 'yes', 0 voting 'no', 1 voting 'present'. Senate Bill 2172, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Committee Reports."

"On page 8 of the Calendar appears Senate Bill 1186. Read the Bill."

"The Gentleman from Cook, Speaker Madigan on Floor Amendment #1."

"Mr. Speaker, I move for the adoption of the Amendment."

"The Gentleman has moved adoption of Floor Amendment 1 to Senate Bill 1186. All in favor say 'yes'; opposed say 'no'. The 'yeses' have it. And the Amendment is adopted. Any further Amendments?"

"Place this Bill on Third Reading. Read the Bill, Mr. Clerk." 09600062.doc 122  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"The Gentleman from Cook, Speaker Madigan."

"Mr. Speaker, this Bill is very simple. It provides for full payment of our obligation to the Illinois pension systems. That's it. I move for the passage of the Bill."

"The Gentleman has moved passage of Senate Bill 1186. And on that question, the Gentleman from Vermilion, Representative Black."

"He indicates he will."

"A little over two billion."

"Our belief is that that's for the ERO."

"Mr. Black, our obligation in total is a little over four billion. This Bill is only concerned with the general revenue fund obligation."

"The answer is yes."

"The answer is yes."

"You're welcome."

"The Gentleman from Crawfor… from Crawford, Representative Eddy."

"He certainly will."

"Your question, used the word final?" 09600062.doc 124  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"Mr. Eddy, I think the best answer would be to say that my sponsorship of this Bill today is reflective of my view of this issue having consulted with the Democratic Members of the House of Representatives. Now, you know Governor Quinn thinks differently about this, but that's what happens in a democracy. Mr. Black can explain that to you. There are legitimate differences of opinion."

"Further questions? The Gentleman from Cook, Representative Burns."

"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. Will the Sponsor yield?"

"He indicates that he will."

"Mr. Speaker, what is the fiscal year… what's the general revenue fund deficit for fiscal year 2010?"

"Seven point four billion would be a good number to work with."

"So, our projected deficit for the upcoming fiscal year is $7.4 billion?"

"Yes."

"What percentage of general revenue fund is $7.4 billion in terms of a falloff in revenue from the previous year?"

"A little over 25 percent."

"So, we're going into fiscal year 2010 with a 25 percent reduction in our base revenue."

"Yes."

"Additional question. If we make the full pension payment, what does that do in terms of the revenue remaining for appropriations for the operating budget for fiscal year 2010?"

"I think a good way to answer that question would be to say that in the plan put forward by Governor Quinn he would have provided not for this Bill, but rather for a partial payment to the pension systems. And had that idea been able to get sufficient votes in the Legislature, that 09600062.doc 126  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 would have made available about $2.2 billion to be spent for current purposes."

"Thank you. One additional question, Mr. Speaker. Have you ever experienced a year where the state lost 25 percent of revenue from one budget year to the next?"

"No."

"And I see that you have your budget director with you. Is… has he had a chance to research when there might have been a year in the state's history where there was a 25 percent reduction… the last time there was a 25 percent reduction in revenue from one year to the next?"

"Well, Representative, the only time I could think that… that may have happened may have been in the Great Depression of the 1930s, but I don't have any evidence on that."

"Right. To the Bill, Mr. Speaker."

"To the Bill."

"I am the son and grandson of a union member. My mother-in-law is a retired Chicago public school teacher who relies on her pension. And I believe that we have a commitment to pay our pension responsibilities and liabilities. However, that responsibility must be judged against the conditions under which we're living. You've just heard the Sponsor of this Bill indicate that there's never been… this situation that we're facing in terms of our budget has not occurred since the Great Depression. These are unprecedented times that require unprecedented approaches to balancing the budget. As a consequence of fully funding our pension liability, we are taking $2.2 09600062.doc 127  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 billion off the table that could be used to support our state's fragile safety net. These are health care programs. These are education programs. These are oppor… these are programs that provide an opportunity for people to move out of poverty and into the mainstream of American life. And right now more people than ever are depending on these programs to sustain themselves. I support making the full pension payment, but we must consider the conditions under which this Bill is being proposed. We need to have a long-term solution to figure out how to fulfill our pension responsibilities in future years. I caution all of my colleagues to consider the ramifications of voting for this Bill. I plan to vote 'present' and I ask you to do the same."

Speaker Mautino: "We have two more speakers seeking recognition. I would ask the House to bring these side conversations down. And on that, we'll go next to the Gentleman from Morgan, Representative Watson."

"He indicates that he will."

"The answer is yes."

"Well, Representative, the answer to the question is yes, it could be reduced by the Governor, but there's a backup for this matter of a continuing appropriation. So, current state statute provides that there's a continuing appropriation for this purpose. What that means is that if we took no action, if we didn't have a Bill like this, still the money would fall over to the pension systems."

"My statement is based on COGFA revenue estimates.”

"For… final person seeking recognition is the Lady from Cook, Representative Ryg."

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

"He indicates he will."

"Thank you. Mr. Speaker, are there any reform measures that will be tied to this appropriation of the full payment?"

"Speaking for myself, the answer is no.

"Is there any opportunity to consider that for going forward so that the unfunded debt that has been the priority of all the beneficiaries of the state program, there's also been some concern about the long-term 09600062.doc 129  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 sustainability of a pension system that is in need of reform."

"Well, Representative, you probably know that Representative McCarthy has been intimately involved with the Governor's Office and labor unions in discussions concerning changes in the benefit level in the Illinois pension systems. There was a Bill that was reported favorably by the pensions committee on a Party-line vote. Had the Bill been called on the floor, I would have voted 'yes'. So, I am supportive of efforts to change the benefit level. I think that we're just putting our heads in the sand if we don't recognize that the current benefit level in the Illinois pension system is not sustainable."

"Thank you. I am aware of the legislation and attended several of the meetings and also, back in the district, in responding to, again, the beneficiaries, the public employees who have this pension system are very concerned about the long-term sustainability, and I think the questions if they're first priority was full funding of the pensions. So, this is a step in that direction. But I think it is really important that we take that next step and engage with the stakeholders to really negotiate something that can work for them as we have done in the past in terms of bringing down the long-term costs."

"Well, Representative, the Governor's Office has told me that they planned to continue those discussions with the labor unions."

"Okay. Thank you."

"Thank you." 09600062.doc 130  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"The Gentleman has moved passage of Senate Bill 1186. The Lady from Cook, Representative Monique Davis, is seeking recognition." Davis, M.: "Thank you, Mr. Speaker. Will the Sponsor yield? Repre… I mean, Mr. Speaker, what is the level of pension funding in the State of Illinois at this point?"

"It's… below 50 percent." Davis, M.: "It's above 50 per…"

"Below, below 50 percent." Davis, M.: "Oh, it's below 50 percent? And some… there's some arbitrary number that says it has to be at 80 percent. Is that correct?"

"There's a statute that provides for the pension payment carried in this Bill, and that statute runs out over several years until 2045. And the statute provides that if we maintain the payment schedule in the statute, then the funding level will be at 90 percent in 2045." Davis, M.: "And do we want to go that far?"

"Well, I think it's in our best interest to… to follow the statute. You bump up against financial needs all across State Government and which has prompted some people to think well, maybe, we will just make a partial payment this year, which would not be consistent with the current schedule. But that's why we would have to move a Bill, get the Governor to sign the Bill, that would, in effect, change the schedule." Davis, M.: "But if we don't pass this Bill, then we won't meet the schedule, and we will have additional funds so that agencies will not have to be cut 68 percent?" 09600062.doc 131  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"It really would just not be not passing this Bill. We would have to pass a nonappropriation Bill, 60 votes in the House, 30 votes in the Senate, signed by the Governor, that would reduce the payment level to the pension systems by taking the amount in this Bill and reducing it by $2.2 billion. Our conversations among House Democrats clearly indicated there would not be the support to do that, and that's why I'm sponsoring this Bill now." Davis, M.: "Well, you know, I'm just really not convinced that this is the best thing to do at this time. I do realize that in 2045, they may have issues, too, but hopefully, those issues will not be confronting them that are confronting us today. And I just also wonder how we can afford to give $300 million to private universities and that perhaps has little to do with this Bill, right?"

"Two separate Bills." Davis, M.: "Well, you know, I'm really… I'm just concerned, and the reason I'm concerned is, you know, I look at how many things we're not going to be able to fund or pay for and that really does bother me. And it's too late once these children or these agencies or these ill people come to us telling us what we didn't do, and then it's too late to do anything about it. So, I don't know if people are paying much attention, but this is one of the end Bills for this Session. This is one of the ending Bills for this Session of what we're going to have available to do anything with. Now, my understanding is you… we want to increase the eligibility for child care services to 185 percent of the federal poverty level rather than 200 percent. And this is 09600062.doc 132  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 at a time when there are more people unemployment or underemployed. So, Mr. Speaker, are you pushing this Bill 'cause it's the right thing to do or are you pushing this Bill because it's the only thing to do?"

"Well, two reasons. Number one, even if this Bill does not pass, there's a continuing appropriation. Therefore, in order to change the effect of the Bill, make more money available for general operations, it would require the passage of a Bill with 60 votes here, 30 Bills (sic-votes) in the Senate. Our conversations with our Democratic Members indicated that there’s a very low level of support for that type of a Bill. So, I just don't think it's realistic to think in terms of a partial payment to the pension system. I think that this Bill is reflective of how the people on our side of the aisle feel." Davis, M.: "Okay. Well, why don't we just see. I'm going to vote 'no' and we'll see."

Speaker Mautino: "Further questions? The Gentleman from Kendall, Republican Leader Tom Cross."

Speaker Mautino: "Further discussion? The Gentleman from Winnebago, Representative Winters."

"He indicates that he will."

"That would be the effect of the Bill."

"Mr. Winters, the… and thank you for putting the question. It's always an honor to be interrogated by a Dartmouth person. A good way to answer your question is to say that after our action of last week, we have 3.5 billion left to spend…"

"…3.5 billion left to spend…"

"After this… after this Bill…"

"…3.5 billion left to spend and working off the Governor's introduced budget, there's about 10 billion proposed by the Governor but not yet funded."

"Further questions? The Gentleman from Cook, Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"He indicates he will." Davis, W.: "This way, Mr. Speaker. How are you, Sir? I'm going to… I've been thinking about a lot of things here, and I'll try to be brief with my… my questions. As and I think the previous speaker mentioned that this is an effort to fund… fully fund the pensions to make our full pay… pension payment this year, correct?"

"The answer is yes." Davis, W.: "Is this based on what the Governor has proposed as it relates to completing our budgetary processes?"

"This is different than what the Governor has proposed." Davis, W.: "This is different. Okay. Your scenario, as in terms of fully funding the pensions, where does that leave us as it relates to the remainder of what may be left to spend on agencies and other things?"

"It would leave us with 3.5 billion. In working off the Governor's budget, there are $10 billion worth of programs not yet funded." Davis, W.: "Okay. So, there would still be… there will still be cuts as it relates to this?"

"Well, there would be programs not funded." Davis, W.: "Programs not funded. Okay. Is there any conversation at all about making a partial payment and allowing for more resources to be spent on agencies and other things?" 09600062.doc 138  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"Representative, among House Democrats, we've talked about a partial payment, and we asked people how they felt about it, and there was a very low number of people that indicated that they were willing to vote for a Bill that would provide for partial funding." Davis, W.: "Okay. But presumably, because we're… because we're debating this Bill, the numbers were greater for those who suggested that we make the full payment?"

"Yes." Davis, W.: "Okay. Oh, I'm sorry."

"Okay." Davis, W.: "Okay. I guess my greatest challenge with that and others have talked about what they need in order to vote for a Bill or to vote for a budget, my greatest challenge with that is that in my community where the human services needs are probably greater than in most districts and not that I don't have teachers in my district that would appreciate this, but nevertheless, it can help teachers or will help teachers, but the scenario that's left means that the human service needs in my district are probably going to go reasonably unmet or certainly not met to the extent in which they should be, correct?"

"The answer is yes." Davis, W.: "Okay. And I think this is going to be my last question, 'cause again, I'm just trying to… just trying to… to understand the nature of everything that we're… that we're doing here. Other Representatives have suggested that maybe we vote 'present' on this Bill, and I think the intent is to, not to necessarily say that we're against 09600062.doc 139  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 teachers necessarily, but this is something where the pain probably needs to be shared across the board, and I think many, many people would… would agree with that. But relative to balancing this with the possibility of… of raising an income tax, your position is that you've been willing to support an income tax increase of some sort, correct?"

"Well, I've… I've said repeatedly and publicly that I'm prepared to vote for an increase in the Illinois income tax to balance the budget and pay the bills." Davis, W.: "Balance the budget and pay the bills?"

"Yeah." Davis, W.: "If we were to pass an income tax increase, would this be one of the bills that would be paid as a result?"

"I think a good way to approach that question would be to say that with the passage of this Bill and looking at the estimated available… the estimated money available to be spent, that there's about 3.5 billion left to be spent. If we were to raise the income tax pursuant to the Governor's proposal, there would be approximately 3.8 billion to spend. So, in the Governor's introduced budget, there are $10 billion worth of programs not yet funded, 10 billion. If you spend what's left, 3.5 billion, and then use the money from the Governor's income tax increase of 3.8… a little over 7 billion, there'd be 7 billion left or available… 7 billion available to fund programs worth 10 billion." Davis, W.: "So…"

"So, even there there'd be a $3 billion shortfall." 09600062.doc 140  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 Davis, W.: "So, there'd still be cuts, but certainly not as deep cuts."

"Correct." Davis, W.: "Okay. Thank you very much, Mr. Speaker."

Speaker Mautino: "The next speaker is the Lady from Cook, Representative Deborah Mell."

"Thank you, Mr. Speaker. To the Bill. I wasn't going to say anything, but there's this 88-year-old woman, her name's Jean and she lives on Irving Park Road and she says, honey, if you have something to say, make sure you say it. So, this is for Jean. With… with the savings, if… it's 2.2… Will the… will the Sponsor yield? 2.2 billion, right? Okay. So, I just… I just kind of wanted to make a point that child care services is 590 million, home service program is 518 million, community care program is 490 million, early child education is 392 million and those programs are very beneficial to my area. And so with that, I'm going to voting 'present'. Thank you."

Speaker Mautino: "Final speaker is the Lady from Cook, Representative Feigenholtz."

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

"He indicates he will."

"Speaker Madigan, there were a lot of speakers who were just addressing an issue of the budget crisis that we're in, and as you know, the Human Services Appropriations Committee oversees about two-thirds of the Illinois budget that is bankrupt. After we pass this Bill, how much money is left in State Government to spend?"

"3.5 billion." 09600062.doc 141  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"And if we were to not pass this Bill, how much money would there be to spend?"

"Well, it's not just not passing this Bill. We would need to pass yet another Bill that, according to Governor Quinn's plan, would partially fund the pension systems and under that plan there'd be an additional 2.2 billion available to spend."

"So, that would mean that we could fund another $2.2 billion of human services… essential human services, like the previous speaker mentioned."

"The answer is yes."

"So, in the last few months, have you had conversations with some of the working men and women who are making… who are getting these pensions and their Representatives down here, because it was my belief that there were a significant amount of reforms that were on the table? Is that not correct?"

"Well, the answer is yes."

"And can you enumerate possibly what some of those options may have been that would have given us a little bit more wiggle room in such a difficult year?"

"Well, Representative, there's a two-part process. So, we talk about reforms and that generally means that the benefit level of people enrolled in the Illinois pension systems in the future will not be as rich as they are today, but it only relates to the future. So, when we talk about reforms, please understand it only relates to the future, and then there would be a second step which would be to partially fund the systems to not appropriate the 09600062.doc 142  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 amount of money contained in this Bill but to reduce the amount of money contained in this Bill by $2.2 billion. That could only be done if there were 60 Democrats in the House, 30 in the Senate… excuse me… 60 people in the House, Democrats, and Republicans, 30 in the Senate, signed by the Governor. I've indicated in my previous remarks that we have talked among House Democrats and there's a very minimal level of support for a Bill that would, in effect, provide for a partial payment to the pension systems. And so, this Bill is reflective of what we have developed in our conversations with House Democrats."

"Do you know… I've heard from other sources that perhaps there is some will over this summer to discuss some of these reforms and that teachers and other unions are willing to come to the table to perhaps consider that. Is that accurate?"

"Well, Representative, all I can do is to quote David Vaught who works for Governor Quinn, and he was assigned by Governor Quinn to work with the labor unions, and his statement to me and to others in a meeting was that the Governor's Office wanted to continue to talk about this over the summer and that the labor unions had indicated to Mr. Vaught that they would be willing to participate in those discussions over the summer."

"So, there is some interest and understanding on behalf of some of these unions that we have some structural issues that need to be addressed so that we don't perpetuate this problem for future generations. Is that accurate?" 09600062.doc 143  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"Well, Representative, there are statements by agents of labor unions. That's how I would characterize it, statements."

"Isn't… Mr. Speaker, when we… when we balance our budget and we have budget discussions, one of the first things that we talk about is the pension obligation. It's a mandate; it's the first thing we pay for when we take a look at the plus and minus column. Is that accurate? This is an obligation. By law we are obligated to pay a huge sum of money. This year how much is this?"

"A little over 4 billion."

"So, to the Bill. Ladies and Gentlemen, you've heard previous speakers. We are faced with some very, very difficult decisions. We've been voting on segments of this budget. We voted for infrastructure improvements. We have voted for Medicaid payments to hospitals, long-term care and providers and after we vote on this Bill, we will have $3.5 billion to spend. That leaves us with very few options and will virtually shut down programs that are life sustaining and vital programs to the people of the State of Illinois. I… I don't even know… I can't support this Bill, although I think it's important that we send a message to the Senate that we are in the danger zone by continuing to spend money without considering other options."

"Speaker Madigan to close."

"I thought I would prepare about two hours of remarks in summation, but I'd rather just ask for a 'yes' vote."

"Happily, the Gentleman has moved passage of Senate Bill 1186. The question is, 'Shall this Bill pass?' 09600062.doc 144  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 All in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. 102 voting 'yes', 0 voting 'no', 14 voting 'present'. Senate Bill 1186, having received the Constitutional Majority, is hereby declared passed. It's the intent of the Chair to work on Members' Bills for another hour or so and so, if Members are at their chairs and ready to be called… called upon, I'm going to go right down the Calendar. So, an hour or a little bit better, so you can plan your evenings. Representative Turner is in his chair and Bill #… And on page 9 of the Calendar is Senate Bill 1298. Mr. Clerk, read the Bill."

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

"The Gentleman from Cook, Leader Turner."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I bring to you today House Bill 1298, often referred to as the ADW Bill. Just to give you a little background. I picked up this legislation because I wanted to try to bring attention to this Body in terms of dealing with the issue of recapture, in particular, with the Illinois Hor… Harness Horse Association. There's an issue that recapture has been around for a number of years, and it has not been funded at the level it should be funded and 09600062.doc 145  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 so, I anticipated trying to do something on this Bill to try to help those horsemen, in particular. Unfortunately we've… are unable to reach an agreement at how we're going to move forward with recapture, and so I’ve decided to go ahead and move this Bill forward. What 1298 does is… it's not… I don't consider it an expansion of gambling, because this is something that currently takes place. There are 20 states that currently have what we call, it's ADW, advanced deposit wagering, and basically, in those 20 states such as California, Connecticut, Kentucky, Louisiana, Maryland, Massachusetts and others, what it does is it allows a bettor to put money up… place money up-front, and then he's able to phone in his bets at a particular time when those races take place. So, it's not like a credit card. The money is put up in front, and then the voters are able to vote for it. Currently, it's estimated that in Illinois, we're losing… there's some $50 to $100 million that's spent annually on these types of wagers. And so, this is money that if, in fact, that we were to allow this in Illinois, we anticipate another $3 to $5 million could be brought back or could remain in this state which could go to purses and tracks commission. I think that in… just sums up what this Bill does. It would be regulated by the Illinois Racing Board. It's supported by all the tracks and all of the interested parties that are interested in racing. And I move for the adoption of Senate Bill 1298."

"The Gentleman has moved passage of Senate Bill 1298. And on that question, the Gentleman from Crawford, Representative Eddy is seeking recognition." 09600062.doc 146  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"He indicates that he will."

"That's correct, between 3 to 5 million."

"It would go into the horseracing fund."

"It pays for agriculture-related programs, and then any of the balance… it goes into the general revenue fund. But it's first distributed through the agriculture fund."

"Yes."

"There is a small percentage that goes for the quarter horses."

"All of the horse groups will get some money on this: thoroughbreds, quarter horses, harness, all the breeds will be able… would be entitled to some… a percentage of this split." 09600062.doc 147  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"Actually, as I stated earlier, this activity would be regulated by the Illinois Racing Board and the tracks along with the Racing Board would adopt the rules and they would… the Racing Board would be the one who would be administering and who would determine who would be the licensee. So, all of that would be handled by the Racing Board."

"Yes."

"That's correct."

"The ag… the county fairs get their money through the Ag Premium Fund, and I believe a percentage of this money would go to the Agricultural Premium Fund."

"That's…"

"That's correct, Representative."

Speaker Mautino: "Further questions? The Lady from Cook, Representative Mulligan."

"Yes."

"He indicates he will."

"That is not my understanding, Representative."

"The reason it wouldn't be currency exchanges is because that these ADW licensees would be required to carry the signal and accept wages of all Illinois live… live racing. They would have to have the con… the consent of the host organization to accept those out-of-state wagers."

"No, this would be in-state and out-of-state wagers. They could accept wagers from out-of-state, but… they would do both."

"Just bear with me. The money itself would be collected by the ADW licensee and then the tax will be collected from them and given to the Racing Board." 09600062.doc 149  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"Well, the Racing Board would be the agency that would license them or grant them permission to do this here in Illinois."

"That may… that may…"

"Well, Representative, your point is well-taken. And in terms for them to be licensed, my assumption is is that the Racing Board, in fact, would set up the rules and regulation and those safeguards to make certain that moneys bet in Illinois that we would get the tax that's due to us. As you state, currently, those bets are being placed right now by Illinois residents who go to the racetrack and in fact, can get on their cell phone and place that bet with an ADW facility that is either nonlicensed or that may even be stationed abroad."

"I do know that the money would have to be placed up- front. The exact timetable, I'm not certain. I'm assuming that the Racing Board would establish those rules and promulgate the rules as to what the time would be. But you cannot bet on money… you have to have money up-front. Now, you could use your credit card or if you've got cash advanced on that credit card or you could just place $300 with an ADW or whatever the amount with an ADW facility and then you'd be able… be able to call in and spend your wagers accordingly, but the money would have to be in the hands of the ADW facility first."

"Well, it's subject to the pari-mutuel tax and that that tax rate right now is currently 1.5 of the daily pari- mutuel handle."

"Representative, as you said earlier, I don't consider this an expansion. This is an activity that currently goes on right now. You can go to the racetrack, take a seat, get on your phone and place a wager with any of the ADW facilities in 20 states where it's currently licensed and with companies, as you say, overseas that may, in fact, they may not be licensed. This would just allow Illinois the ability to raise… to collect the tax on the money that's currently being bet outside of Illinois."

"Further questions? The Gentleman from Lee, Representative Jerry Mitchell." Mitchell, J.: "Thank you, Mr. Speaker. Will the Sponsor yield?" 09600062.doc 152  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"Indicates he will." Mitchell, J.: "Representative Turner, I noticed that just about every single horseracing association has agreed upon this Bill. Is that correct?"

"That's correct." Mitchell, J.: "And that's pretty tough to do. So, I commend you on those efforts. It's tough sometimes to get the harness horsemen to agree with those that ride on the horse's back. They always have different issues and different… separate pieces of the pie and because the horseracing industry in Illinois has been one that has been waning, there's a struggle to make it fair between the county fairs which are the center for harness horseracing and Arlington, Hawthorne, and some of the bigger tracks up in the Chicago area. The horseracing industry, the thoroughbreds, the saddlebreds, is a fascinating thing to watch and a sport that needs to continue. I notice that… that the reorganization of the Illinois Racing Board has been removed from your language. That it… that the Governor gave, under Executive Order, 95… a 905 that… that made them more or less a separate entity not a quasi-agency under the Illinois revenue service. Is that correct?"

"That's correct." Mitchell, J.: "And that language should be coming to us on Senate Bill 1576. I believe that's Representative Lang's Bill?"

"That's correct." Mitchell, J.: "Okay. Well, Representative, I commend you for this. As… as a lover of horses and an owner of 15 of them, 09600062.doc 153  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 I'm certainly behind the Bill and Ladies and Gentlemen, if you want to see the county fairs continue to have horseracing for your enjoyment, you need to be for this Bill. Thank you."

"Thank you, Repre…"

"Further discussion? The Gentleman from Lake, Representative Sullivan."

"Our final speaker will be the Gentleman from Cook, Representative Lang."

"Thank you, Mr. Speaker, Ladies and Gentlemen. I rise in strong support of this Bill. As many of you know, I've 09600062.doc 154  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 been working for some years along with some of you, particularly Representative Turner, to improve the horseracing industry in the State of Illinois. Now, this is a Bill that will help us do that. To those that say, well, we can't do this 'cause it's somehow expanding gaming or some other such thing, people are already doing this. This money is already going out of state to other people. It's costing the horsemen of Illinois about $15 million a year today; it's costing the state about $2 million a year in taxes today. And some of you may say, well, but if it's wrong, Representative, we shouldn't sanction it by legalizing it. Well, that may be true, but the fact is there's really nothing wrong with it. We already have horseracing in the State of Illinois today. This is a legal activity that's been going on in the state for years. None of you are prepared to file a Bill to prohibit horseracing or gambling on horseracing. So, to those people who are gambling on horseracing in Illinois, it would be completely illogical to keep them from gambling on horseracing in Illinois. This is simply a Bill that allows them to do it in a perhaps easier way, but if you went to Arlington Park a few weeks ago for their opening day, as I did, and you looked around the grandstand, these are grandstands that used to be totally filled with people, thousands and thousands and thousands of people would be in the grandstand at Arlington Park on opening day. It was a beautiful day; it was about 70 degrees, not a cloud in the sky and you could have counted with one finger the number of people at the racetrack, counted with one finger the 09600062.doc 155  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 number of people at the racetrack. This is a business that employs close to 40 thousand people in the State of Illinois, and they're losing their jobs on a regular basis because we have not done anything to help this industry. This is a Bill that will help the industry. This is actually a Bill that will help consumers. Let them do what they're doing already; let them do it legally, it’s not hurting anybody, their own money, they're gambling it anyway. Let them gamble it here in Illinois. This cries out for an 'aye' vote."

Speaker Mautino: "The Gentleman from Cook, Representative Turner to close."

"Thank you, Mr. Speaker. I just move for an 'aye' vote."

"The Gentleman has moved passage of Senate Bill 1298. The question is, Shall this Bill pass?' All in favor vote 'yes'; opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Representatives Currie, Hatcher, Osterman, do you wish to be recorded? Mr. Clerk, take the record. 87 voting 'yes', 27 voting 'no', 1 voting 'present', Senate Bill 1298, having received the Constitutional Majority, is hereby declared passed. On page 8 of the Calendar appears Senate Bill 807. Representative Flowers. Out of the record. On page 12 of the Calendar appears Hou… Senate Bill 2115. Representative Nekritz. Representative Nekritz. Mr. Clerk, read the Bill." 09600062.doc 156  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"Read the Bill. Oh, Third Reading, please. Representative Nekritz, your Bill is moved to Third Reading. Would you like to call the Bill? Out of the record. On page 3 of the Calendar, under Senate Bills- Third Reading, appears Senate Bill 450. Representative Reitz. Read the Bill."

"Representative Reitz."

"Thank… thank you, Mr. Speaker. This is a great Bill. I explained the Amendment the other day. It seeks to provide a sales tax exemption for aviation products for replacement parts and modifications. For that we have Midcoast Aviation, in my district and Representative Jackson's district, employ around 750 people; now, they have 1600 and this will keep them moving forward. Thank you. And I'd be happy to answer any questions."

"No one seeking recognition, the Gentleman has moved passage of Senate Bill 450. All in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Davis, Representative Burns, Representative Hatcher, do you wish to be recorded? Mr. Clerk, take the record. 115 voting 'yes', 0 voting 'no', 0 voting 'present', Senate Bill 450, having received the Constitutional Majority, is declared passed. It's the 09600062.doc 157  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 intent of the Chair to go to concurrences beginning on page 13 of the Calendar. If you’ll look at your Calendar, we'll be going down the line and all those that say 'recommends be adopted'. So, we will start with House Bill 9, Motion to Concur from Representative Tracy with Senate Amendment #2. Read the Bill… or Rep… Representative Tracy."

"The Lady has moved concurrence with Senate Amendment #2 to House Bill 9. No one seeking recognition, 'Shall the House concur in Senate Amendment #2?' All in favor vote 'yes'; opposed vote 'no'. This is final action. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Harris, Mr. Hoffman, do you wish to be recorded? Mr. Clerk, take the record. 116 voting 'yes', 0 voting 'no', 0 voting 'present'. The House does concur with Senate Amendment #2 to House Bill 9. And this Bill, having received the Constitutional Majority, is declared passed. On page 13 of the Calendar appears House Bill 170. Representative Tryon has filed a Motion that the House do concur in Senate Amendment #2. Representative Tryon."

"The Gentleman has moved the House concur with Senate Amendment #2 to House Bill 170. And on that question, the Gentleman from Crawford, Representative Eddy."

"He indicates he will."

Speaker Mautino: "The Gentleman from DeKalb, Representative Pritchard is seeking recognition."

"He indicates he will."

"The Gentleman from Vermilion, Representative Black is seeking recognition."

Speaker Mautino: "The Gentleman from Morgan, Representative Watson."

"He indicates he will."

"Our final speaker will be the Gentleman from Peoria, Representative David Leitch."

Speaker Mautino: "The Gentleman… Representative Tryon to close."

"The Gentleman has moved that the House concur in Senate Amendment #2 to House Bill 170. And the question is… All those in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Mr. Clerk… Representative Harris, Representative Hatcher, Representative Hoffman, Representative Washington, do you wish to be recorded? Mr. Clerk, take the record. 79 voting 'yes', 35 voting 'no', 1 voting 'present', the House does concur with Senate Amendment #2 to House Bill 170. This Bill, having received the Constitutional Majority, is declared passed. Mr. Clerk." 09600062.doc 167  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"Mr. Clerk." 09600062.doc 170  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"Will the Members… We are now distributing House Supplemental Calendar #1. These would be the Bills that were heard and approved in committee, and we're going to take a few moments and read those Bills now. Okay. Supplemental Calendar #1 is Senate Bill 52. Representative Brosnahan. Read the Bill."

Speaker Mautino: "Third Reading. Senate Bill 256, Representative Walker. Read the Bill."

"Third Reading. Senate Bill… Senate Bill 262. Mr. Clerk, on Senate Bill 256, leave that Bill on Second Reading. Senate Bill 262, Representative Jakobsson. Read the Bill." 09600062.doc 171  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"Leave that Bill on Second Reading. Senate Bill 265, Representative Miller. Read the Bill."

"Hold that Bill on Second Reading. Senate Bill 321, Representative Holbrook. Read the Bill."

"Leave that Bill on Second Reading. Senate Bill 451, Representative Currie. Read the Bill."

"Leave this Bill on Second Reading. Senate Bill 1433, Representative Careen Gordon. Read the Bill."

"Leave this Bill on Second Reading. Senate Bill 1434, Rep… Take that Bill out of the record. Senate Bill 1466, Representative Jackson. Read the Bill."

"Leave that Bill on Second Reading. Senate Bill 1609, Representative Franks. Read the Bill."

"Leave this Bill on Second Reading. Senate Bill 1623, Representative Walker. Read the Bill."

"Leave that Bill on Second Reading. Senate Bill 1691, Representative Mathias. Read the Bill."

"Leave this Bill on Second Reading. Senate Bill 1825. Read the Bill."

"Leave this Bill on Second Reading. Senate Bill 1833, Representative Rita. Read the Bill."

"Leave this Bill on Second Reading. Senate Bill 1846, Representative Burns. Read the Bill." 09600062.doc 173  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"Leave this Bill on Second Reading. Senate Bill 1959, Representative Verschoore. Read the Bill."

"Leave this Bill on Second Reading. Senate Bill 2052, Representative Walker. Read the Bill."

"Leave this Bill on Second Reading. Rep… Senate Bill 2168, Representative Farnham. Read the Bill."

"Leave that Bill on Second Reading. Senate Bill 2218, Representative Currie. Read the Bill."

Speaker Mautino: "Leave that Bill on Second Reading. Mr. Clerk, place Senate Bill 52 on the board. What's the status of that Bill?" 09600062.doc 174  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"Return that Bill to Second Reading. Senate Bill… Mr. Clerk, Senate Bill 1434. Read the Bill."

"Leave that Bill on Second. The Gentleman from Vermilion, Representative Black."

"Yes, Sir."

"Potentially for Amendments, but in case we run out of time, they can be moved and voted on in the same day, if there's no Amendments available for them."

"Mr. Clerk… Representative Franks is seeking recognition. The Gentleman from McHenry, Representative Franks."

"Thank you, Mr. Speaker. I'd like to make a Motion to suspend the post…"

"Proceed." 09600062.doc 175  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009

"…to suspend the posting requirements for the following Bills: HJRCA31, Senate Bill 1300, Senate Bill 1320, and Senate Bill 1325."

"Any objections? Seeing none, the posting… Good. Seeing no objections, the postings will be waived. Is… Mr. Clerk, Agreed Resolutions."

Speaker Mautino: "Representative… Representative Currie now moves adoption of the Agreed Resolutions. All in favor say 'yes'; opposed say 'no'. The 'yeses' have it. And the Agreed Resolutions are adopted. Mr. Clerk, committee announcements."

"The Gentleman from Cook, Representative Will Davis is seeking recognition." Davis, W.: "Thank you, Mr. Speaker. An inquiry of the Chair."

"State your inquiry." 09600062.doc 176  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 62nd Legislative Day 5/27/2009 Davis, W.: "On the… on the Calendar, there are some House Joint Resolutions. If… Do you have any indication when those may be called, so that I can be in my chair when that time comes around to make sure that my Resolution is called?"

"And you know, I think that's a wonderful idea. If you're in your chair when we get to that order tomorrow, I will definitely call on you." Davis, W.: "Thank you, Mr. Speaker."

"The Gentleman from Vermilion, Representative Black."

Speaker Mautino: "The Gentleman from Knox County, Representative Moffitt."

"Yes, Sir."

"Mr. Clerk?"

"No one else seeking recognition? And now, allowing perfunctory time for the Clerk, Representative Currie moves the House stand adjourn until Thursday, May 28, at the hour of 10 a.m. All in favor say 'aye'; opposed 'no'. The 'ayes' have it. The House stands adjourned. Have a good evening."