Illinois House Floor Debate — May 30, 2009

"Good Afternoon, Illinois. Your Illinois House of Representatives will come to order. And Members are asked to please be at your desks. We shall be led in prayer today by Lee Crawford, the Pastor of the Cathedral of Praise Christian Center here in Springfield. Members and guests are asked to please refrain from starting their laptops, turn off all cell phones and pagers. And our guests in the gallery are also ask to please rise for the invocation and the Pledge of Allegiance. Lee Crawford."

"Representative Darlene Senger, would you lead us in the pledge."

"Roll Call for Attendance. Leader Barbara Flynn Currie, Democrats?"

"Thank you, Speaker. Please let the record show the excused absences of Representatives Flowers and Franks."

"Representative Michael Bost, the GOP."

"Thank you, Representative Bost. Representative Flowers (sic – Currie), we have a correction, right?"

"A correction. I was wrong about Representative Franks. He's not excused, he's here."

Speaker Lyons: "Mr. Clerk, take the record. 117 Representatives are present. We have a quorum and are prepared to do the work of the people of the State of Illinois. Committee Report, Mr. Clerk."

Speaker Lyons: "Mr. Clerk, what's the status of House Resolution 55?" 09600065.doc 3  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Representative Turner, you have an Amendment on House Resolution 55."

"Yes, Mr. Speaker, thank you. And Amendment #1 basically changes one word. It encourages versus saying must. It says it encourages. And so, I move for the adoption of the one word change."

Speaker Lyons: "Is there any discussion on the Amendment? Seeing none, the question is, 'Should the Amendment be adopted to House Resolution 55?' All those favor of the Amendment signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Representative Senger, on the Order of Resolutions on page 20 of the Calendar, you have an Amendment for House Resolution 68. What's the status of that Resolution, Mr. Clerk?"

"Representative Senger."

"You've heard the Lady's explanation on the Amendment to Resolution… House Resolution 68. Is there any discussion? Seeing none, all those favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Ladies and Gentlemen, if I could have your attention. Most 09600065.doc 4  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 of us should have received… should have in front of you at your desks a list of Agreed Resolutions. So, we're asking everyone to please go through… this is a list, this is not a complete list of all resolutions, there's some we will discuss individually, but this is a list of Agreed Resolutions. And as we usually do on all agreed lists, if there's something that you want to be voted 'no' on or something that you'd wanted to be voted 'present' for or whatever column, 'not voting', I don't know why you'd want to do that, but if you want to not vote or vote 'present' or 'no', please fill this out, sign it and print your name on the front of it and bring it to the well to the Clerk. Please do that as soon as you can. We will call on this for one roll call sometime later this afternoon. So, please get these things in… turned into the well as soon as you can. Thank you. Representative Tom Holbrook, on page 7 of the Calendar under Senate Bills-Second Readings, you have Senate Bill 321. What's the status of that Clerk Mr… what's the status of that Bill, Mr. Clerk?"

Speaker Lyons: "Representative Holbrook on Amendments #2. Representative Chapa LaVia on Amendment #2 to House… Senate Bill 321. Representative Chapa LaVia."

"I just… hello, Members of the House and Speaker. I didn't get a chance to review it yet. I'm just asking for the adoption of House Amendment #3. It replaces 09600065.doc 5  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 everything, becomes the Bill. Amends the Emergency Medical Service Systems Act for the Bill. Thank you."

"We're… Representative, we have for discussion on the floor now, House… the Floor Amendment #2. What's your pleasure with that Amendment?"

"That we… oh, I'm sorry, I apologize. House Amendment #2 becomes the Bill. It amends the Emergency Medical Service Systems Act by changing the Freestanding Emergency Center section of the Act. Removes the date in the Act and states that the Department of Public Health may issue an annual freestanding emergency center license to any facility that is located in a county that does not have an acute care hospital, and whose application for the permit from the Hospital Health Facilities Planning Board has been deemed completed by the department by March 1, 2009. The same requirements still remain for these facilities. And I ask for its adoption."

"Is there any discussion on Floor Amendment #2? Seeing none, all those favor of its adoption signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #2 is adopted. Mr. Clerk, anything further?"

Speaker Lyons: "Floor Amendment #3, Representative Chapa LaVia."

"Now, procedure… for procedures, I'd like to table #2 and House Bill 3… House Amendment 3 now becomes the Bill. Amends the merg… Emergency Medical Service System 09600065.doc 6  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 and it strikes all the provisions of the original Bill. Provides instead of an Amendment to the Emergency Medical Service System Act to make two exceptions to the law providing for the establishments and licensure of Freestanding Emergency Centers, notwithstanding the current deadline of June 30, 2009, from the licensing of these type of facilities. One exception is provided for the Vista Health System adds an additional provision that if an applicant meets all of the other 17 requirements a license may be issued if the applicant files a letter of intent with the Illinois Health Facilities Planning Board by March 31, 2009 to establish a Freestanding Emergency Center. Vista filed a letter of intent with the Illinois Health Facilities Planning Board on March 14, 2009 and has an active application before the Illinois Health Facility Board. Vista believes that the establishment of such a center would extend the reach of the Vista Medical Center in Lindenhurst to ensure better access to emergency service of a resident. Another exception is provided by the Freestanding Emergency Center for Rush… Rush Copley Hospital, which is my hospital, in the proposal to build a Freestanding Emergency Center on the Rush Copley Health Center Care Campus in Yorkville. This facility will bring quality emergency care closer to home for the thousands of Kendall County patients they treat. Adds an additional provision that if the applicants meet all of the other requirements, the license must be issued for an applicant in location of the county that does not have a license gender… general acute care hospital and whose application 09600065.doc 7  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 for the permit for the Illinois Health Facility Planning Board has been deemed completed by the Department of Health by March 1, 2009. And I'll take any questions. Thank you."

"Lady makes a Motion to adopt Floor Amendment #2 (sic-Floor Amendment #3), and on that we have questions from Representative Patti Bellock. Representative Bellock."

"Sponsor yields. And before you ask a question, Representative Bellock… Ladies and Gentlemen, as usual when we first come on the floor the noise level is very high. Could we bring the noise level down, please. Can we bring the noise level on the floor down, please. Representative Bellock."

"I… I don't believe there'd be any opposition, Representative Bellock."

"That… what was the underlying Bill and that's why we… that was… Amendment #3 struck all that. So, the underlying Bill, prior to me… I had to read Amendment #2 to take it out…"

"…table it and read Amendment #3. Three becomes the Bill and there's no opposition to 3."

"Amendment 3. Thank you."

Speaker Lyons: "The Chair recognizes the Lady from Lake, Representative JoAnn Osmond."

"Sponsor yields."

"Under this… if it passes, it will as long as it meets all the criteria’s. I'm… I'm kind of doing a favor because they were added together. So, you'd probably know more about that location, but it will if they meet all the application requirements."

Speaker Lyons: "Gentleman from Lake, Representative Ed Sullivan. Representative Sullivan, did you wish to… question on this Bill or no? You had your light on, you seek recognition?"

"Sponsor yields." 09600065.doc 9  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Right."

"Not… not that I'm aware of. They were… they were opposed to the underlying Bill that now is no longer there. And now we have House Amendment #3 that takes over the whole entire language of the Bill."

"We haven't… I haven't heard from them."

Chapa LaVia: "Yeah, I… I haven't heard from them, Representative Sullivan."

"Thank you."

"Well… the amazing thing is I know especially these two centers they're in areas that are not being served right now. I know Edwards is getting ready to move into that area as well, but these are… these are areas that 09600065.doc 10  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 don't have hospitals or emergency… yeah, close enough by that if it was a heart attack, four minutes and you're dead. I mean, there are… there are certain issues that we have out in that area, the expansion, and they still have to go through all the requirements of the facility board. It's not like they can just… yeah… and… and during… coming back to advocate, during the application process there is hearings, so advocate can appear at any of these hearings and… and put forth their… their opposition."

"Thank you."

"Representative Kosel. Renée Kosel."

"Lady yields."

"If it's already under construction, it's already been approved."

"Right."

Chapa LaVia: "This doesn't give a helipad; that's totally different legislation. We'll work with that, We can talk about what procedures we have to take for nonconcurrence or concurrence. And I'm sure the Sponsor's willing to work, but it… this only really deals with the dates for filing. This does not deal with the helicopter pad."

"They haven't contacted me in opposition or for it. So, like I said, the great thing about especially the planning board facility and the process…"

"…is that, you know, opposition come forward and be heard. And it based… I mean a lot of that's based on whether they get the application or not."

"Representative Brosnahan."

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

"Sponsor yields."

"Representative Chapa LaVia, I know… I apologize beforehand if these questions have already been asked and answered. I know you talk… I know Representative Kosel talked a little bit about advocate and I… I thought you did mention that you thought there was no opposition to this legislation. I have been contacted by representatives from advocate. They have indicated to me that not only are they opposed to this Amendment… this legislation, but they were 09600065.doc 12  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 also told that… that it would not be moving. I think many Members on the floor here have some concerns and some questions about that opposition. So, I would respectfully ask, if you wouldn't mind just to clear that up, if you would take this out of the record, we could talk to the representatives from advocate to see exactly what their opposition is based on. And to clear up any maybe statements that were made to them that this Bill would not be moving until their concerns were addressed. And it doesn't seem that they have been addressed. Cause I've been contacted, they are in strong opposition to this."

"Yeah, I… I understand, but this doesn't guarantee anyone a license. I understand their issue of opposition. They're a pretty big animal as far as, you know, out there in health care, but this only changes the dates. I mean, I think we're making… and I understand on the underlying Bill they were, but now this is not that underlying Bill. We’ve changed it so it only… it only has two applicants right now for freestanding emergency centers. You know, one in Lindenhurst, like my colleague on the other side of the aisle stated, that is desperately needed. And then also the Rush Copley one that's going to Yorkville, which is also desperately needed. And it's the dates."

"They've indicated to me that it's not just the underlying Bill, but it's this Amendment as well that they are in opposition to. And that… what was this morning. So, that's why I'm just wondering if you could take it out of the record just so we could clear that up. I think it's early enough in… in the day where you'll be able to get 09600065.doc 13  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 this heard pretty quickly. And obviously, there's Members on both sides that have concerns about this. So, that's what I would… I would ask you to do."

"Speaker, how many people are waiting to speak?"

"Two."

"Only two? Can I hear from the other ones and then we'll make the decision off that. Thank you."

"Thank you."

Speaker Lyons: "Representative Karen May, you're the next person asking questions on the Amendment."

"Yes, thank you, Speaker. And will the Sponsor yield? Representative…"

"Lady yields."

"…with… with due respect, I would like a few minutes to try to find out. I've got an emergency call last night from Lake Forest Hospital, which has a freestanding emergency center that we had to work on a couple of other years, and I'd ask them to send me something on it. But I'm frantically trying to find it and being a Saturday I can't find it."

"But that's… that's an existing facility?"

"Yes."

"Right."

"Yes. And so…"

"And the underlying…"

"…I think the question is…"

"…had to do…"

"…is this served already? This is for an emergency center not a hospital, is that correct?" 09600065.doc 14  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"No. You're right. It's not a hospital. These are freestanding. It's not a hospital."

"But what is the distance from the Lake Forest Hospital existing freestanding emergency center? We… we worked on legislation, Representative Sullivan and I, to take sure…"

"It's about 15 to 20 miles, Representative May."

"It's 15 miles away?"

"The distance is about 15 to 20 miles away."

"Because ambulances now can stop right in Mundelein?"

"The… you know, the… the Health Facility Board Planning is the one that determines the need. You know, if there's no need… I mean, they're not going to build one on top of another if there's no need for it. And once again, this just gives them the ability to go in front of them and changes the date. It doesn't say they're assured that they're getting these."

"Right. But why are we doing this so quickly? I mean, I'm… trying to just."

"I just got this. I mean, I just got this… this…"

"I know. I understand, but what was the impetus of the Senate?"

Chapa LaVia: "Well, my impetus is definitely Rush Copley. Okay? I just am privileged enough to carry the other House Members location on here as well. But Rush Copley has been trying to get things done out in Yorkville for a while, and that's quite a distance for an ambulance ride to the closest hospital, which is Rush Copley as well. So, in our area and the Kendall area around there and the Yorkville area, I mean, there's a lot of things they're not…" 09600065.doc 15  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Uh huh."

"…developed on whether it's transportation or what have you. So, it's quite a ride to get to the hospital if something emergency or death threatening happened."

"What committee did this come… go to? I just…"

"This… this… this particular Amendment came out of Rules Committee."

"So, it went straight to the floor?"

"They took it in front, right and it went to the floor."

"You know, I… I just respectfully…"

"I… I understand your concerns, but…"

"…suggest that it's a pretty… a pretty large Amendment to come straight to the floor…"

"…and then once again, the baseline of this…"

"…on the day before we adjourn."

"…please understand this. It does not guarantee their application to be approved."

"No, I do understand that."

Chapa LaVia: "This just gives them the ability to get an appointment with the facilities board."

"It's just that a lot of us are trying to get our arms around it. Thank you."

"Right. And it's two facilities, so…"

"Any further discussion? Representative Chapa LaVia to close. Representative David Miller."

"Will… will the Sponsor yield?"

"Sponsor yields." 09600065.doc 16  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"I'm… I'm… I apologize. I'm a bit confused on this, too. In our analysis it says, one exception will be provided for the Vista Health System adds an additional provision that if the applicant meets all of the other 17 requirements, a license must be issued to the… if the applicant files a letter of intent. I guess the word that sort of sticks out is 'must', and by… by March 31, 2009."

"Right."

"Why 'must' be issued I guess… I think is the question on the table here."

"If… if they meet the other requirements. They can't go around… the intent of this is to get them in front of the Planning Board Committee and let them make the decisions, not to give them a license automatically. What happened is they filled out their application prior to and as you can see it's already past May, what is it…"

"They…"

Chapa LaVia: "The day… date is the one thing that's in question. So, they weren't able to complete the application because, you know, they wouldn't… they wouldn't be licensed by June 30, so…"

"Well, I think… I… I… I guess, you know, the question is, is that if they meet all the other requirements why the statement that they 'must'… I mean… I mean that's sort of…"

"Yeah."

"…that's… that is actually a huge problem probably for many Members who've asked for some clarification…"

"Right." 09600065.doc 17  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"…to pull this out of the… pull this out of the record…"

"Well, if you… if you look, that's the way the law reads now. 'Must' is in the law, so they just took that from what is there. Their application has already been in."

"Okay."

"There is a… it's the deadline in which they… they couldn't meet because for whatever time restraints. That's what we're extending."

"Okay. So, you…"

"The deadline."

"So, let me get this straight. So you're saying that if… if a… a… a facility meets all 17 requirements, that the language that they 'must' be issued. So, there are not other issues that as opposed… as opposed to a… similar to a licensing exam that… that would be automatically issued if they fulfilled all the requirements. I guess, once again, the issue 'must' and why by a certain deadline because there may be other facilities or folks in front of the line and this sort of gives them an unfair advantage that may not…"

"When… when we first enacted this, it was just for one facility. And now the extension… we're asking for an extension so the Rush Copley, just for a perspective… just respective to the date. There was just one applicant at that time. Okay. Now we have another one and we're just asking for time that they can qualify, so they can go in 09600065.doc 18  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 front of the board and… and see if they're deemed that license by… by June 30."

"I… I would stand with my other colleagues who's requested… cause… is it possible that we can pull this so we can just get some clarity here? I mean, not… it just seems real ambiguitous (sic-ambiguous) at this point?"

"So, what is your question still, Representative Miller?"

"Well, first I'd like to take a real hard look at this to make sure that there's… there's no favoritism if I could use a better word towards this group."

"Right. But…"

"And I just think that it would…"

"…this… we don't make a decision, Representative Miller, whether they get the license or not. They have to prove it to themselves and the board will review whether there's an a necessity, whether it's in a proper distance from a hospital, whether it meets all 17 requirements. This is only… it's like we're giving them the ability just to fill out the application. We don't make the decision on whether they get it or not. So… so, that's why I'm… I'm getting… with all due respect, I will… I will bring it back to be heard and we'll discuss this a little bit further. I would just hope that you understand. The bottom line is that we're just allowing them the ability to complete their application. We're not telling them that they're going to be in business. Okay? So, can we go ahead and pull it off the record for the moment? And I'll get back. Thank you."

"Thank you." 09600065.doc 19  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

Speaker Lyons: "Clerk, take this Bill out of the record. Representative Farnham, on page 7 of the Calendar, I believe you have Senate Bill 268. What's the status of that Bill, Mr. Clerk?"

"The Gentleman from Cook, Representative Keith Farnham on the Amendment. Floor Amendment #2. Out of the record. Mr. Clerk."

"Representative Jack Franks, on the Order of Second… Senate Bills-Second Reading, you have an Amendment for Senate Bill 1602. What's the status of that Bill, Mr. Clerk?"

"Representative Franks on Floor Amendment #4."

"Thank you, Mr. Speaker. House Amendment #4, this is… this was Senate Bill 189 with some modifications. This had 09600065.doc 20  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 passed the House… I'm sorry. It passed the Senate previously unanimously. And what we're trying to do here is to codify what Governor Quinn is doing by making the Gubernatorial Boards and Commissions Act much more transparent. We require a creation of a database with information on the state's board and commission appointments and require a statement of economic interest to be filed. And that the meeting information be posted online. I'd be happy to answer any questions."

"Is there any discussion on Floor Amendment #4 to Senate Bill 1602? Seeing none, those in favor of its adoption signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment #4 is adopted. Mr. Clerk, anything further?"

"Third Reading. Mr. Bill… Mr. Clerk, on Senate Bill 1602. Read the Bill, Mr. Clerk."

"Representative Franks."

"Thank you. We just had a discussion on what the Amendment does. I'd be happy to answer any questions."

"Is there any discussion? Seeing none, the question is, 'Should Senate Bill 1602 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Hoffman. Mr. Clerk, take the record. On this Bill, 09600065.doc 21  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 there's 117 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Walker, you have, on page 9 of the Calendar, Senate Bill 1623. What's the status of that Bill, Mr. Clerk?"

Speaker Lyons: "Representative Mautino on Amendment… Floor Amendment #2 to Senate Bill 1623."

"Thank you. I move adoption of Floor Amendment 2. This is an agreement between the Manufacturers Association, the Department of Revenue. And it addresses a problem at Owens, Illinois, where they'll be able to get their refile for some taxes that they had overpaid while in an enterprise zone. Everybody's in favor and I thank Nicor for working with us to get it worked out."

"Any discussion on Floor Amendment #2? Seeing none, the question is, 'Should it be adopted?' All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. Floor Amendment 2 is adopted. Anything further, Mr. Clerk?"

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

"Representative Walker."

"I move adoption. No?" 09600065.doc 22  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Representative Walker, you move for the passage of Senate Bill 1623. And on that, are there any questions? You've just heard the explanation on the Amendment. Representative Reis."

"Yes, Sir. The Amendment was just adopted."

"Yeah. This Bill is… it… it will help specific manufacturers who mistakenly overpaid the State of Illinois in an enterprise zone during the period to November 1, 2005 through October 31, 2008 to have a process by which they can get a refund."

"I think we got a handle on it, Representative. Thank you."

"Representative Sullivan."

"The question is, 'Should Senate Bill 1620… Representative Fritchey, do you have a question on this Bill? Representative John Fritchey."

"Thank you, Speaker. Will the Sponsor yield?" 09600065.doc 23  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Sponsor yields."

"Just a quick question then. If this is just a normal overpayment issue, why are we doing it through legislation?"

"Well, the parties, Nicor and the Department of Revenue, requested this be done. So that it's clearly defined it on a limited basis, it would be much more difficult to do it in general."

"Perfect. Thank you."

"Representative Eddy, you seek recognition on this Bill? Representative Roger Eddy."

"Ladies and Gentlemen, again, early in the day the noise level on this floor is tremendous. So, we're asking… we have a debate. People are asking questions. Some of the Republican Members cannot hear answers from Representative Walker. Can we bring the noise level down, please? Bring the noise level down, please. Thank you. Representative Eddy."

"My understanding is that the company overpaid their taxes." 09600065.doc 24  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"That's correct."

"That's correct."

"Representative Chapin Rose."

"The answer to his question was that the parties… the parties to this problem, which are Nicor and the Department of Revenue, agreed that this was the best structure by which they could apply a refund. And that to do it in a normal fashion would be more difficult."

"Given that this Amendment was pro… preferred by Representative Mautino, I'd have him answer that question."

"Representative Mautino on the question."

"Certainly. And I want to thank Representative Walker for allowing me to use his legislation to solve a problem within my district. Nicor voluntarily collects taxes on the gas tax. And there is in Streator, Illinois, actually 09600065.doc 25  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 one of my last manufacturing facilities that's left in Streator, had been in the enterprise zone, had not claimed the… had not claimed the proper tax rate. Nicor agrees it should be adjusted and modified as does the Department of Revenue. Both of them have internal policies that don't allow them to go back and refile the different tax rates for each of the open periods. So, when we sat down Nicor said, you know, if you put this authority right here and keep it on a limited basis, we can go ahead and do this. And it means $600 thousand in overpaid taxes returned to Owens of Illinois."

"And it is… it's limited to this transaction."

"Seeing no further discussion, Representative Walker to close."

"I urge an 'aye' vote on Senate Bill 1623 as amended."

Speaker Lyons: "The question is, 'Should Senate Bill 1623 pass?' All those in favor signify by saying 'aye'… signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 117 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Jerry Mitchell on the Order of Second Readings you have Senate Bill 1612. What's the status of that Bill, Mr. Clerk? You have Senate Bill 612, my mistake. Mr. Clerk, Senate Bill 612." 09600065.doc 26  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Representative Mitchell on Floor Amendment #1." Mitchell, J.: "Thank you, Mr. Speaker. Floor Amendment #1 is the Charter School Bill. And it has been approved in committee. I will be more than happy to discuss that on Third. I think it's time to move it to Third. Thank you."

"Is there any discussion on the Floor Amendment? The Chair recognizes the Lady from Cook, Representative Monique Davis." Davis, M.: "Representative Mitchell, do you want to tell us what the Amendment does?" Mitchell, J.: "Do you want to hear it now and again on Third?" Davis, M.: "I can't hear ya?" Mitchell, J.: "Pardon?" Davis, M.: "What'd you say?" Mitchell, J.: "I'm just going to put it on and move it to Third and wait." Davis, M.: "Thank you." Mitchell, J.: "Uh huh."

"Seeing no further discussion, all those in favor of the adoption of Floor Amendment 1 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"

"Third Reading. And read the Bill, Mr. Clerk. Move that Bill to the Order of Third Reading and leave it on Third Reading. Clerk, on page 11 of the Calendar under Senate Bills-Second Reading is Senate Bill 1959. What's the status of that Bill, Mr. Clerk? Representative Verschoore, I believe you have a Amendment being prepared? Mr. Clerk."

"Third Reading. Representative Pat Verschoore, we have Senate Bill 1959 on the Order of Third Reading. Read the Bill, Mr. Clerk."

"The Chair recognizes the Gentleman from Rock Island, Representative Pat Verschoore."

"Thank you, Mr. Speaker. This is a Stretcher Band Bill that I passed out of the House… the House Bill coming back from the Senate and there is an Amendment on it. But what the Amendment does was set up a fund that would, if there was any fees or whatever, they could have some money to operate on. And that's all that it does. Ask for an 'aye'… concurrence."

Speaker Lyons: "Well, I think you ask for its passage, Representative. We are at the Third Readings of Senate Bills. The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy." 09600065.doc 28  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"That was… that was the House Bill. This is the Senate Bill. I had the exact same Bill in the House that we passed over to the Senate. They didn't… they chose not to hear that Bill, they sent the Senate Bill over here."

"Mr. Clerk, what's the status with this Bill on the Amendments?"

"Mr. Clerk."

"It's a Senate Amendment though, correct?"

"Mr. Eddy, I believe… Representative Verschoore, let's take this Bill out of the record temporarily and we'll get this… the Amendment status cleared up."

"All right."

"Representative Rose, you seek recognition? Mr. Clerk, on page 11 of the Calendar under Senate Bills-Second Reading, Representative Chapa LaVia has Senate Bill 1995. What's the status of that Bill, Mr. Clerk?" 09600065.doc 29  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Representative Chapa LaVia on Floor Amendment #2 to Senate Bill 1995."

Chapa LaVia: "One… one second, Speaker. I'm sorry, I apologize. Amendment… Amendment #1, 2 and 3 replace… they're going to be replaced by Amendment 4 and 5. Amendment #4 adds in… adds back… the original Bill was supposed to be only…"

"Representative, we were on Amendment #2 and I was told by the Clerk… Mr. Clerk, the status of Amendment #4?"

"On the order of discussion is Floor Amendment 2."

"I'd like to table 2 and go with Amendment #5."

"I think the correct Motion would be to withdraw Amendment #2."

"Yes. Or we will… yes, withdraw."

"Is that your Motion? The Lady… the Lady makes a Motion to withdraw Floor Amendment #2. All those in favor of withdraw… of the Lady's Motion signify by saying 'yes'; those opposed say 'no'. In the opinion of the 09600065.doc 30  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 Chair, the 'ayes' have it. And Amendment #2 is withdrawn. Anything further, Mr. Clerk?"

"Representative Chapa LaVia on Floor Amendment #5."

"Thank you, Speaker and Members of the House. Amendment #5 allows Lockport High School and Elgin Community College District 509 only to extend their bonds for 25 years. And I ask for its adoption."

Speaker Lyons: "Any discussion on Amendment #5? Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."

"Lady awaits your questions."

"Five becomes the Bill, Representative."

"Level."

"Correct. I think we did this not too long ago on park districts. And we did a blanket sweep on all park districts allowing them to extend their bond period. So, this is what we have. I know it's very important to Senator A.J. Wilhelmi that we get this passed. But thank you for the original support and maybe we together can work on something that is for every school district in the state."

"Not… not that I'm aware of. I have not gotten… I've got nothing but support from Lockport for the… for this Bill to be enacted."

"Yeah."

Chapa LaVia: "Yeah, I wouldn't… I wouldn't understand why anybody would… wouldn't quiver…"

"…be upset by taking a 20 to 25. I would have rather see a 30-year but…"

"Yeah."

"In a longer time."

"Thank you."

"No further discussion, the question is, 'Should Amendment #5 be adopted?' All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment 5 is adopted. Mr. Clerk, anything further?"

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

"Representative Chapa LaVia."

"Thank you, Speaker and Members of the House. I think I… Representative Eddy and I covered it pretty well. And I ask for its… a 'yes' vote. Thank you."

"Is there any further discussion? Seeing none, the question is, 'Should Senate Bill 1995 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted 09600065.doc 33  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 who wish? Mr. Clerk… Hoffman, Harris, Collins. Mr. Clerk, take the record. On this Bill, there are 86 Members voting 'yes', 31 Members voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 11 of the Calendar Representative Julie Hamos has Senate Bill 2116. What's the status of that Bill, Mr. Clerk?"

"Representative Hamos on Floor Amendment #1."

"Thank you, Speaker, Ladies and Gentlemen. This could be really considered another in the series of ethics reforms because this has to do with procurement policy for local school districts and local units of government. When purchasing or when trying to figure out how to do contracts for energy service… services and for reducing their energy costs and for making their buildings more energy efficient, we have learned that the potential bidders on a contract are often the ones who are helping to create the RFPs. And in an effort to tighten that, we are working with the Senate Amendment, sat down with the industry and figured out a good way to really put some policies in place and some procedures in place that local units of government and school districts would follow. And I believe that we have full support. It's a… it's a good plan that will guide everybody out there who is working with the private sector 09600065.doc 34  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 in doing this very important work. I seek an 'aye' vote and be glad to answer questions."

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

"There's a second Amendment which is actually a technical Amendment because we failed to… in one place where it should say local school district it still said unit of government, that's all it does. It's technical."

"Any further discussion on Amendment #1? Seeing none, the question is, 'Should Amendment #1 be adopted?' All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Senate Amendment #1 is adopted. Anything… anything further, Mr. Clerk?"

"Representative Hamos on Floor Amendment #2."

"Thank you. And again, this is just a technical Amendment to catch a typo in one part of the Bill."

"Any discussion? Seeing none, the question is, 'Should Amendment #2 be adopted?' All those in favor signify by voting 'yes'; those opposed vote 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #2 is adopted. Anything further, Mr. Clerk?" 09600065.doc 35  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

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

"Representative Julie Hamos."

"Thank you. Again, Ladies and Gentlemen, I think this is really an excellent product that came about through a series of negotiations where local units of government and school districts who really do want to do energy conservation, a very important part of our whole effort now with green buildings, with… with the stimulus money, with all kinds of efforts. This is going to be another part of doing that. What this does is to bring accountability and transparency to the process of securing and… and procuring those kinds of contracts."

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

"… the Lady yields."

"Seeing no further discussion, Representative Hamos to close."

"Well, Representative Eddy said it way better than I did. I seek an 'aye' vote. Thank you."

Speaker Lyons: "The question is, 'Should Senate Bill 2116 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Will Burns. Mr. Clerk, take the record. On this Bill, there's 117 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Tom Holbrook, on page 10 of the Calendar under Senate Bills-Second Reading, you have Senate Bill 1909. What's the status of that Bill, Mr. Clerk."

"Representative Holbrook on Floor Amendment #3. Out of the record. Ladies and Gentlemen, we're going to start moving some of the concurrences. So, we'll start on page 13. Representative Miller, on the Order of Concurrences on page 13 of the Calendar, you have House Bill 496, Representative David Miller. Out of the record. 09600065.doc 37  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 Representative Susana Mendoza, under Concurrences you have House Bill 562. The Chair recognizes the Lady from Cook, Representative Susana Mendoza on House Bill 562 under the Order of Concurrences. Mr. Clerk."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise to concur with Senate Amendment #1 to House Bill 562. The Amendment provides that the Department of Children and Family Services may not discipline an Investigation Specialist, an Intact Family Specialist or a Placement Specialist for failing to report animal abuse if the specialist determines that making such a report would interfere with the performance of his or her child welfare protection duties. There is no opposition to this Bill. It's agreed upon. And I think it makes the Bill a little bit stronger even than it was to begin with. This is in reference to the cross reporting Bill that we passed unanimously just a few months back. So, I would ask for your support and be happy to answer any questions."

"You've heard the Lady's Motion. Is there any discussion? The question is, 'Should the House concur in Senate Amendment #1 to House Bill 562?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Colvin. Mr. Clerk, take the record. On this Bill, there are 117 Members voting 'yes', 0 Members voting 'no'. The House does concur to Senate Amendment #1 to House Bill 562. This Bill, having received the Constitutional Majority, is hereby declared passed. 09600065.doc 38  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 Representative John Fritchey, on the Order of Concurrences, you have House Bill 2246. Representative John Fritchey."

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

Speaker Lyons: "You've heard the Gentleman's Motion on Amendment #1 to House Bill 2246. Is there any discussion? Seeing none… the Chair recognizes the Gentleman from Jasper, Representative David Reis."

"No. Representative, it's simply cleanup language that was requested by the Civil Justice League."

"Not that… not that I'm aware of. This… this Bill I think came out unopposed from this chamber initially. This Bill actually allows the Attorney General to act on the behalf of the people of the State of Illinois in antitrust actions as parens patriae. There was simply some additional explanatory language that was put in through the Senate Amendment that we're simply seeking to concur to here."

"Excuse me?"

"Thank you."

"Seeing no further discussion, the question is, 'Shall the House concur in Senate Amendment #1 to House 09600065.doc 39  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 Bill 2246.' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Froehlich. Mr. Clerk, take the record. On this Bill, there are 117 Members voting 'yes', 0 voting 'no'. The House does concur with Amendment #1… Senate Amendment #1 to House Bill 2246. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative David Miller, on the Order of Concurrences on page 14 of the Calendar, you have House Bill 2448. Representative David Miller."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Amendment #1 simply provides additional clarification for remote education in schools. I ask for favorable consideration."

"Is there any discussion? Seeing none, the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 2448?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Jackson, Riley, Mike Smith. Mr. Clerk, take the record. On this Bill, there are 117 Members voting 'yes', 0 voting 'no'. This Bill, and the House does concur in Senate Amendment #1 to House Bill 2448. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Chuck Jefferson, on the Order of 09600065.doc 40  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 Concurrences, you have House Bill 2470. Representative Jefferson."

"Thank you, Mr. Speaker, Members of the House. I move to concur with Senate Amendment 1 as it relates to House Bill 2470. The Amendment makes a change to existing law to allow for 59 additional census tracks within the City of Chicago to be able to take part in the tax abatement program. I would ask for an 'aye' vote."

"Is there any discussion? Seeing none, the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 2470?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 114 Members voting 'yes', 0 voting 'no', 2 Members voting 'present'. And the House does concur in Senate Amendment #1 to House Bill 2470. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative LaShawn Ford, you have House Bill 2537, on the Order of Concurrences. Representative Ford."

"I move to concur on Senate Amendment #1, 2 and 3."

"Discussion on the Amendments, Representative?"

"Senate Amendment #1 prohibits the uploading of the image from one… It would apply only for the first uploading. That's Senate Amendment #1. Senate Amendment #2 provides that… prohibits on disseminating a video recording of an image of another from the underlying Bill of the initial dissemination of a video recording. It will not apply to a 09600065.doc 41  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 subsequent forwarding of an image. And Senate Amendment #3 provides that the image protects a free speech photo. That's what the Amendments does."

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

"Sponsor yields."

"Well, if we could stop the first forwarding of the photo it would be fine. So, if we could prevent the first image from being sent out, then I think we won't have to worry about the second or third."

"Well, it… it appears that it's okay… that you cannot forward the first upload. But… so for instance, if I 09600065.doc 42  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 forward something to you, that would be illegal. But if you forward it to someone else, it wouldn't be."

"The Chair recognizes the Gentleman from DuPage, Representative Dennis Reboletti."

"Sponsor yields."

"Well, the first person would be the one that took the photo probably and they would have the intent to harm. The second person would not know that it was… they wouldn't have the intent to harm. I guess that's where they…"

"So, we're going to take this Bill out of the record now. And we're going to move it back to nonconcurence."

"Just take it out of the record and get some of those questions answered, Representative Ford."

"And we want to nonconcur."

"Take the Bill out of the record, Mr. Clerk. Representative Skip Saviano you have Senate… House Bill 2335. The Chair recognizes the Gentleman from Cook, Representative Skip Saviano on concurrence."

"You have two of them, Skip, on the same page. This is 2335."

"Is there any discussion? The Chair recognizes the Gentleman from Cook, Representative John Fritchey. The Gentleman is not seeking recognition. Any further discussion? Seeing none, the question is, 'Should the House concur in Senate Amendments #1 and #3 to House Bill 2335?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Winters, Cultra, Shane. Dave Winters. Mr. Clerk, take the record. On this Bill, there are 89 Members voting 'yes', 28 Members voting 'no'. And the House does concur in Senate Amendments #1 and 3 to House Bill 2335. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Saviano, on the Order of Concurrences, you also have House Bill 2539. Representative Saviano on House Bill 2539."

"Is there any discussion? Seeing none, the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 2539?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 117 Members voting 'yes', 0 voting 'no', 0 voting 'present'. The House does concur with Senate Amendment #1 to House Bill 2539. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Karen Yarbrough, on the Order of Concurrences, you have House Bill 2542. The Lady from Cook, Representative Karen Yarbrough."

"Thank you… thank you, Mr. Speaker. I move for concurrence to add Senate Amendment #2 to House Bill 2542. The Amendment is a gut and replace and it retains all the underlying Bill and reinserts the former provisions. The Amendment also adds new exemptions and definitions to the offenses. Be happy to answer any questions."

"Is there any discussion? Seeing none, the question is, 'Should the House concur in Senate Amendment #2 to House Bill 2542?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 117 Members voting 'yes', 0 voting 'no'. The House does concur in Amendment #2 to House Bill 2542. This Bill, having received the Constitutional Majority, is hereby declared passed. 09600065.doc 46  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 Representative Mark Walker, on the Order of Concurrences you have House Bill 2625. The Gentleman from Cook, Representative Mark Walker."

"Thank you, Mr. Chair and Members of the House. I ask for concurrence, on Senate Amendments 1 and 2 of House Bill 2625. Senate Amendment 1 is, in fact, a technical change that clarifies and is consistent with the original intention of the Bill. Senate Bill… Senate Amendment 2, however, adds a UAW license plate to this Bill, consistent with the regular practice of the other special license plates. And I ask concurrence."

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

"Yes, it is."

"Yes. The stated intention of the UAW, Representative, was that these funds had been used… from these… these funds had been used for and would be used for supporting the veterans' homes. The Bill requires that the funds be used only for charitable purposes."

"That is correct."

"Supporting the veterans' homes."

Speaker Lyons: "Any further discussion? Seeing none, the question is, 'Shall the House concur in Senate Amendments #1 and #2 to House Bill 2625?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Cultra, Tryon, Jil Tracy. Mr. Clerk, take the record. On this Bill, there's 104 Members voting 'yes', 11 Members voting 'no', 2 Members voting 'present'. And the House does concur with Senate Amendments #1 and 2 to House Bill 2625. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Suzie Bassi on the Order of Concurrences you have House Bill 2660. The Lady from Cook, Representative Suzy Bassi."

"Is there any discussion? Seeing none, the question is, 'Shall the House concur with Senate Amendment #1 to House Bill 2660?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 117 Members voting 'yes', 0 voting 'no'. And the House does concur in Senate Amendment #1 to House Bill 2660. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Roger Eddy, on the Order of Concurrences, you have House Bill 2675."

"Representative Eddy, I believe it's Amendments #1 and #3? The Clerk wanted to make that clarification. Amendments 1 and 3?"

Speaker Lyons: "Is there any discussion? Seeing none, the question is, 'Shall the House concur in Amendments #1 and 3 to House Bill 2675?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all 09600065.doc 49  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 voted who wish? Have all voted who wish? Representative Rose. Mr. Clerk, take the record. On this Bill, there's 117 Members voting 'yes', 0 voting 'no'. And the House does concur with Senate Amendment numbers 1 and 3 to House Bill 2675. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative David Leitch, on page 15 of the Calendar under the Order of Concurrences, you have House Bill 2686. The Gentleman from Peoria, Representative David Leitch."

"Is there any discussion? Seeing none, the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 2686?' This is final action. All those in favor should vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative… Mr. Clerk, take the record. On this Bill, there are 117 Members voting 'yes', 0 voting 'no'. And the House does concur in Senate Amendment #1 to House Bill 2686. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Suzie Bassi, you have House Bill 3325. Representative Bassi."

"You've heard the Lady's explanation on the Amendment. Is there any discussion? Seeing none, the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 3325?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative May, Sullivan, Monique Davis. Mr. Clerk, take the record. On this Bill, there's 117 Members voting 'yes', 0 voting 'no'. And the House does concur in Senate Amendment #1 to House Bill 3325. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Brauer, you have House Bill 3641 on the Order of Concurrences. The Gentleman from Menard, Representative Rich Brauer."

"Is there any discussion? The question is, 'Should the House concur in Senate Amendments #1 and 2 to House Bill 3641?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 117 Members voting 'yes', 0 voting 'no'. And the House does concur in Senate Amendments #1 and 2 to House Bill 3641. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Jay Hoffman, you have House Bill 3658 under the Order of Concurrences. The Gentleman from Madison, Representative Jay Hoffman."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is the annual IDOT Land Transfer Bill. Senate Amendment #1 simply adds additional land that needed to be transferred for road and various other purposes with the Illinois Department of Transp… from the Illinois Department of Transportation. All of the requisite legal requirements and statutory requirements have been fulfilled. I ask for a favorable vote."

"Is there any discussion? Seeing none, the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 3658?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative 09600065.doc 52  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 May. Mr. Clerk, take the record. On this Bill, there's 117 Members voting 'yes', 0 voting 'no'. And the House does concur in Senate Amendment #1 to House Bill 3658. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Emily McAsey, on the Order of Concurrences on page 15 of the Calendar, you have House Bill 3681. Representative McAsey."

"Thank you. I make a Motion to Concur with Senate Amendment 1 to House Bill 3681. What the Senate Amendment does is to expand the scope of this from just violations of Section 11-501 of the Vehicle Code related to driving under the influence of alcohol to all Class A misdemeanors. It additionally speaks to speedy trial rights. And I just want to be clear that it is not… that there is no intent by this Legislator to create any additional speedy trial rights, and that this legislation would still require a defendant to make a demand for a speedy trial. And on that, I would ask that the House concur."

"Is there any discussion? Seeing none, the question is, 'Shall the House concur on the adoption of Senate Amendment #1 to House Bill 3681?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Rita, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there are 117 Members voting 'yes', 0 voting 'no'. And the House does concur in Senate Amendment #1 to House Bill 3681. This Bill, having received the Constitutional Majority, is 09600065.doc 53  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 hereby declared passed. Representative Chapin Rose you have House Bill 3714 on the Order of Concurrences. The Gentleman from Champaign, Representative Chapin Rose."

"Is there any discussion? Seeing none, the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 3714?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Coulson, Representative Colvin, Representative Burns. Representative Burns. Mr. Clerk, take the record. On this Bill, there are 102 Members voting 'yes', 14 Members voting 'no', 1 Member voting 'present'. The House does concur in Senate Amendment #1 to House Bill 3714. This Bill, having received the Constitutional Majority, is hereby declared passed. On the top of page 16, Representative Coulson on the Order of Concurrences, you have House Bill 3767. The Lady from Cook, Representative Beth Coulson."

"You've all heard the Lady's explanation. Is there any discussion? The Chair recognizes the Lady from Cook, Majority Leader Barbara Flynn Currie."

"Thank you, Speaker. Just to let… ask that the record reflect that I would prefer to have been voted 'no' on the Concurrence Motion on House Bill 3714."

"Any further discussion? Representative Currie?"

"I just was asking the record to reflect that I would prefer to have voted 'no' on the Concurrence Motion on House Bill 3714."

"Thank you, Representative. The Journal will so reflect. Any further discussion? Representative… Representative Nekritz."

"Thank you, Mr. Speaker. I would also like the record to reflect that I would have preferred to voted 'no' on the Concurrence Motion to 3714. Thank you."

"The Journal will reflect your… your wishes, Representative. Anything further… anything on House Bill 3767? Seeing none, the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 3767?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who 09600065.doc 55  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 wish? Have all voted who wish? Have all voted who wish? Representative Nekritz, Connie. Mr. Clerk, take the record. On this Bill, there are 117 Members voting 'yes', 0 voting 'no'. And the House does concur in Senate Amendment #1 to House Bill 3767. This Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes the Lady from Champaign, for what purpose do you seek recognition, Representative Jakobsson?"

"Mr. Speaker, please let the record reflect that I intended to vote 'no' on Senate Bill 3714."

Speaker Lyons: "The Journal will reflect your wishes. Representative Miller, for what purpose do you seek recognition?"

"Thank you, Mr. Speaker. On House Bill 3714, on the Concurrence Motion, my switch inadvertently should have been voted 'no' as opposed to 'yes'."

Speaker Lyons: "The record will so reflect, Representative Miller. Ladies and Gentlemen, again, if I could have your attention. Members, we're waiting for several of you who have not turned in your orange colored supplemental agreement on Resolutions. So, if you would please… please bring in your… your signed and printed signature on the orange Agreed Resolution request form. We'd like to get to this shortly. Thank you, Representative Tracy. Thank you, Representative Zalewski. Keep them coming. We'd like to get this thing put behind this as soon as we can. On the Order of Concurrences, Representative Tryon, on page 16 of the Calendar, you have House Bill 3785. Representative Tryon." 09600065.doc 56  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"You've heard the Gentleman's explanation. Is there any questions? The Chair recognizes the Gentleman from Cook, Representative John Fritchey."

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

"Sponsor yields."

"Representative, I'm looking at the analysis. I want to make sure I understand what you're trying to do here. This Bill would allow a municipality to restrict the size of a campaign sign put on private residential property?"

"But this… but this…"

"…but this would allow a village board, for example, to say that no signs could be placed in excess of 8 inches by 12 inches on somebody's yard?"

"And that would seem to have…"

"…that would seem to have the ability of stifling challenges to the incumbents, no?"

"Well, but it's the… but it's the incumbents that have the ability to determine what would be a reasonable restriction. Is that correct? It's the elected officials that are empowered that would be making the decisions as far as what's a reasonable size?"

"So… so, the incumbents would really be deciding how big their challengers signs could be and they could be placed on private property. So, if I'm… if I'm a challenger… if I'm any candidate that's running for office, I could be restricted on how big a sign I can put on my own front yard of my house under this Bill, is that correct?"

"Inquiry of the Chair. If I read this correctly, this Bill preempts Home Rule? Does this Bill require 71 votes?"

"Mr. Fritchey, we will… we will look into that and get you an answer on that question."

"Okay. To… to the Bill. The Sponsor, my fraternity brother, is well- intentioned. I'm kind of perplexed that the ACLU actually supports this Bill. But Ladies and Gentlemen, this is a direct intrusion on to personal property rights. This isn't about campaign signs. This is about allowing elected officials to decide how big and what type of campaign sign an individual can put on their private property, and that decision is going to be made… this Bill preempts Home Rule and makes it… the regulation a power reserved to the state and says that these authorities can… well, they cannot just prohibit the display of a sign, they can restrict the size of the sign which can in effect be the same thing as a prohibition. For my colleagues on the other side of the aisle who have always been understandably protective of private property rights, to give a wholesale conveyance to local authorities to decide how big and what manner of political sign can be placed on somebody's lawn seems to go directly against a lot of the personal freedoms that a lot of us fight for in this chamber on a daily basis. I'd urge you to look at this Bill carefully. I await the response of the parliamentarian. I do believe this requires 71 votes. I'm… I'm not going to ask for a verification, Mike. I 09600065.doc 59  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 would ask for everybody to think about what it is they're voting on. And I appreciate your answers. Thank you."

"Mr. Fritchey, we will get back to you. There are several people asking questions. We will not vote on this until we get you an answer from the parliamentarian. The Chair recognizes the Gentleman from DuPage, Representative Dennis Reboletti."

"State your inquiry, Sir."

Speaker Lyons: "Representative Fritchey just asked that question, Dennis."

"We're finding out. We'll find out…"

"…before we vote."

"Sponsor yields."

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

"Thank you. Will the Sponsor yield?"

"Sponsor yields."

"Representative, I… I supported you when this… when you did this Bill initially. And I'm looking at the Senate Amendment #1 and I don't think I've ever got up to question you on a Bill before, but I'm troubled by the language from the Senate Amendment that indicates that you can display an outdoor political sign with reasonable size restrictions. Can you tell me what those reasonable size restrictions are?"

"Well, they have them up to 4x8 you see as a sheet of plywood, you know, for those of us that make our own, you know. I don't know if that's going to be reasonable in some places. Because it might be reasonable where I live on the farm, but I've been to your house I'm not sure a 4x8 09600065.doc 61  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 made of plywood is going to look nice in your neighborhood."

"I'm… I'm concerned on the First Amendment right to allow someone to put up a sign. I remember a few years ago there was a sign up in Harvard and I won't use the person's name, but they had a big sign and it said, 'I detest this person'. They had a big circle with his name with a slash through it. And this was a guy who was obviously upset with that elected official's position or… or actions. And I think that's sort of an American right to show your displeasure and use a sign on your own property. And it was certainly a political type of sign. I'd assume that that would not fit in a reasonable restriction 'cause it was much bigger than a 4x8, it might have been a 10x12. It might… even you know, it was almost a billboard. And I'm concerned that this would have a stifling effect on a First Amendment right. And I just think we're going to see a lot 09600065.doc 62  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 of challenges with this. Are there any other… is there any case law in this that you've seen? Are other states doing this?"

"Right."

"Well, wouldn't it be better…"

"I think that most sign ordinances are unconstitutional. I believe that McHenry County's is unconstitutional and we'll soon find out as there's a court case on that. Wouldn't it be easier if we were really worried about this to make sure it's constitutional to say that you can't put limits on… on political speech and you can't… if there's a campaign sign there's no limit for the amount of time or the size? And that way we wouldn't have that issue at all and we would know that it would be constitutional." 09600065.doc 63  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Well, how do you define political sign? I mean, I know what… you know, 'vote for Tryon' is certainly a political sign. But another one that says, 'I detest, you know, Jack Franks.'"

"I'm just concerned when you have this. I think it's another attack that I think it can make… make it a problem and I would much prefer you see a nonconcurrence on this… instead of a Concurrence Motion. I think the Bill the way we passed it, what you were trying to do, made perfect sense. I think this here convolutes it and makes it a much bigger problem."

"Representative Franks, your time has expired. If you could bring this conversation to a conclusion? Representative Elaine Nekritz."

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

"Sponsor yields." 09600065.doc 64  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Representative, do we… do we, as the… as the state regulate the size of signs right… political signs right now? Do we tell municipalities what they can and cannot do with regard to that?"

"And so it's up to the municipality to regulate that and they have that right?"

"But they currently have that capability?"

"So, it seems to me that… with all due respect to the Senate, that they just restated the obvious in this Bill in changing your Bill, but it doesn't effect the underlying Bill, which is to prevent municipalities from restricting free speech rights by contracting the amount of time you can have a political sign on your lawn. Now, the fact that we added in this… what I consider to be a superfluous phrase to say that they can also regulate the size… they can right now and we're sort of… again, with all due respect to the Senate, they're restating the obvious. Would that…"

"…be a fair statement? Okay. So, Ladies and Gentlemen, I think it's really… I mean, I represent a number of municipalities and every campaign season I get the letter from them saying, boy, we can't… you know you can't put up signs until two weeks before election day and 09600065.doc 65  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 you know, I've had some issues with that with… now with early voting. But I… you know, I think the underlying legislation is… is really important to set a standard that, you know, to keep the municipalities from doing… constricting free speech rights in the way that they have. And the language that's been added by the Senate, again, I think is superfluous, doesn't change the underlying Bill and doesn't change existing law. I'd urge an 'aye' vote."

"Representative David Miller."

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

"Sponsor yields."

"Representative, I sort of believe I think where you're going with this. We had a situation where a political adversary had put up signs in one of my communities and had restricted them from putting… the local municipality was saying we can't put up any political signs. Doesn't… doesn't this sort of center on the same… the situation was resolved… the situation was resolved when… when they did allow signs. My understanding is you can have any sign you want, any display you want whether it's something for a manufacturer or some product you may be selling at home or political as long as it's not obtrusive within the community or within, you know, within… for safety reasons. Isn't that… isn't that correct?"

"But wouldn't the municipality… for instance, near where I live there's a tree that blocks a stop sign from one of the residences. It doesn't mean that the citizen, the person can't have additional trees in their house. The location just has to be moved. I mean, so the… the size and… doesn't matter in… in this case."

"You know what I'm saying? It doesn’t… the size… the size of the tree does not matter, it's the location versus… versus the loc… similar to… similar to the location of the sign. That's what you're trying… you're trying… to me, jumble these arguments."

"Is… is there a definition of political signs in this? Because then it gets into other… other issues that can be deemed political, whether you're for something or against something?" 09600065.doc 67  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"All right. I'll listen to if there's further debate on this. Thank you, Representative."

"Representative Ramey."

"Sponsor yields."

Speaker Lyons: "Representative Black. Representative Bill Black." 09600065.doc 68  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Sponsor yields."

Speaker Lyons: "Representative Fritchey and Representative Reboletti, the parliamentarian will answer your question regarding Home Rule." 09600065.doc 70  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

Speaker Lyons: "Representative Will Davis. Representative DeLuca, your button is on to speak? You seek recognition, Representative?"

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

"Sponsor yields."

"The majority of my questions have already been answered. I just wanted to make a point in regards to the municipalities being able to handle this and regulate it themselves. First of all, there's going to be a level playing field depending on the municipality. They set their own guidelines; they have code enforcement within their own… within their own government to regulate these signs. And I don't think that the state should be… I urge a 'no' vote. Thank you."

"Representative Fortner and then Representative Fritchey and then we'll close with Representative Tryon. Representative Fortner."

"Sponsor yields."

"Representative Tryon to close."

"You've heard the discussion, we've heard the parliamentarian's ruling on this thing. It requires 71 votes. The question is, 'Shall the House concur in Senate Amendment #1 to House Bill 3785?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? 09600065.doc 73  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 Have all voted who wish? Have all voted who wish? Representative Hamos. Representative Nekritz. Have all voted who wish? Mr. Clerk, take the record. On this question there are 58 'yes', 59 Members… 58 Members voting 'yes', 59 Members voting 'no'. And the Motion to concur fails. Mr. Clerk."

"The Chair recognizes the Lady from Champaign, Representative Naomi Jakobsson. For what purpose do you seek recognition, Ma'am?"

"Mr. Speaker, thank you. Earlier I rose and ask to have the record reflect a vote that I took. And I'm not sure… I might not have been clear that I intended to say House Bill? It was kind of blurred. It might have come across as a Senate… it's House Bill 3714 should show that I intended to vote 'no'."

"The Journal will so reflect. Continuing on the Order of Concurrences, Representative Mautino, you have, on page 16 of the Calendar, House Bill 3832. The Gentleman from Bureau, Representative Frank Mautino."

"I move the House concur with Senate Amendment #1 to House Bill 3832. Senate Amendment on here takes out the uniform intermodal exchange and facilities access 09600065.doc 74  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 agreements. And the underlying Bill was an initiative of the Midwest Truckers Association. It went out of here unopposed; it is unopposed now. It's had unanimous votes. Happy to answer any questions. I'd ask for… that the House concur."

"Is there any discussion? Seeing none, the question is, 'Shall the House concur in Senate Amendments #1 to House Bill 3832?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Dugan. Mr. Clerk, take the record. On this Bill, there are 116 Members voting 'yes', 1 Member voting 'no'. The House does concur in Amendment #1 to House Bill 3832. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Dan Reitz, on the Order of Concurrences, you have House Bill 3854. The Gentleman from Randolph, Representative Danny Reitz."

"Thank you, Mr. Speaker. I would move for the concurrence… that you concur with Senate Amendments 1 and 2. The… Senate Amendment 2 will become the Bill. It sets up a task force for carbon sequestration. And I'd be happy to answer any questions."

"Is there any discussion? Seeing none, the question is, 'Shall the House concur in Senate Amendments #1 and 2 to House Bill 3854?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? 09600065.doc 75  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 Representative McGuire. Representative Hannig. Careen Gordon. Representative McGuire. Mr. Clerk, take the record. On this Bill, there's 117 Members voting 'yes', 0 voting 'no'. And the House does concur in Amendments #1 and 2 to House Bill 3854. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Mike Zalewski, on page 16 of the Calendar you have House Bill 3872 on a Motion to Nonconcur. The Gentleman from Cook, Representative Mike Zalewski."

"Thank you, Mr. Speaker. I'd make a Motion to Nonconcur in the Senate Amendment to House Bill 3872. Ask for an 'aye' vote."

"Is there any discussion? The question is, 'Shall the House refuse…' The question is, 'Shall the House Nonconcur with Senate Amendment #1 to House Bill 3872?' All those in favor signify by saying 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Motion carries. And the House nonconcurs with Amendment #1 to House Bill 3872. Representative Harris, you have, on page 16 of the Calendar, House Bill 3922 on the Order of Concurrences. The Gentleman from Cook, Representative Al Harris."

"Thank you, Mr. Speaker. I move that the House concur with Senate Amendments #1 and 2. What this legislation does is it clarifies the authority between the Illinois Department of Public Health and the Illinois Emergency Management Agency in the case of the accidental release of nuclear material or the explosion of a nuclear device." 09600065.doc 76  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Is there any discussion? Seeing none, the question is, 'Shall the House concur with Amendments 1 and 2 to House Bill 3922?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Mulligan. Mr. Clerk, take the record. On this Bill, there are 117 Members voting 'yes', 0 voting 'no'. And the House does concur with Amendments… Senate Amendments #1 and 2 to House Bill 3922. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Walker, you have, on the Order of Concurrences House Bill 3970. Representative Walker."

"Thank you, Mr. Chair, Members of the House. I ask concurrence on Senate Amendment 1 of House Bill 3970. The underlying Bill is unchanged. This Amendment allows for processes to implement a program established in the 95th General Assembly in the Department of Veterans' Affairs."

"Is there any discussion? Seeing none, the question is, 'Shall the House concur with Senate Amendment #1 to House Bill 39…' Representative Bill Black."

"Sponsor yields."

"Yes. That is a… that is a program established in the last General Assembly by… whereby veterans' service officers could be established by veterans' organizations to help the veterans with claims with the VA. And they would receive a one cent compensation for that advocacy, one cent per dollar of new funds received by the veterans from the VA in a given year."

"No, they… what happens is the veteran receives a dollar."

"The veteran service officer for his advocacy on behalf of the veteran will receive one cent from the Illinois Department of Veterans' Affairs."

"It is subject to appropriation. It's an established… it was established in the previous General Assembly."

"The program was not instituted last year. So, I don't believe we funded it."

"The Gentleman from Bond, Representative Ron Stephens. Any further discussion? Seeing none, the question 09600065.doc 78  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 is, 'Should Amendment #1… should the House concur with Amendment… Senate Amendment #1 to House Bill 3970?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 117 Members voting 'yes', 0 voting 'no'. And the House does concur in Amendment #1 to House Bill 3970. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Cynthia Soto, on the top of page 17, you have House Bill 3974."

"Thank you, Speaker and Members of the House. I concur with Senate Amendment #1. I am sorry. House Bill 3974 creates an advisory council on youth with HIV prevention messages within the Department of Public Health. And I urge the support of this General Assembly. Thank you."

"Is there any discussion? Seeing none, the question is, 'Shall the House concur with Amendment… Senate Amendment #1 to House Bill 3974?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Representative Nekritz, Representative Walker… take the record. On this Bill, there are 116 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. This Bill, having received the… with 100… this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Julie Hamos, under the Order of 09600065.doc 79  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 concurrences, you have House Bill 3990. Representative Hamos."

"Thank you. Ladies and Gentlemen, this is the Local Food, Farms, and Jobs Act. The only changes made by the Senate were with discussion with the Auditor General's Office as well as with the Department of Agriculture. I would consider that the changes that were put in in the Senate are more technical than not. And I'll be glad to answer any questions."

Speaker Lyons: "Chair recognizes the Gentleman from Bond, Representative Ron Stephens."

"To the Bill."

"The question is, 'Shall the House concur in Senate Amendment #1 to House Bill 3990?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative… Mr. Clerk, take the record. On this Bill, there's 117 Members voting 'yes', 0 voting 'no'. And the House does concur in Amendment #1 to House Bill 3990. This Bill, having received the Constitutional Majority, is 09600065.doc 80  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 hereby declared passed. Representative Beth Coulson, you have House Bill 3991. The Lady from Cook."

"Is there any discussion? Seeing none, the question is, 'Should the House concur with Senate Amendment #1 to House Bill 3991?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Golar. Mr. Clerk, take the record. On this Bill, there's 117 Members voting 'yes', 0 voting 'no'. And the House does concur in Senate Amendment #1 to House Bill 3991. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Pat Verschoore, on the Order of Concurrences, you have House Bill 3994. The Gentleman from Rock Island."

"Thank you, Mr. Speaker. This is the Bill that I thought I was passing a minute ago. It's the House Bill 3994; it's a stretcher van Bill. And I would asked concurrence on Senate Amendment #1. What it does is it on a stretcher van licensure fund, as a special fund in the State Treasury, it provides that the licensure fee received by the Department of Public Health in connection with the 09600065.doc 81  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 licensure of stretcher vans. This passed the House with 106 votes and got a 59 votes in the Senate. So, I would ask concurrence on it."

"Is there any discussion? Seeing none, the question is, 'Should the House concur in Senate Amendment #1 to House Bill 3994?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Sullivan, Sommer, Connelly. Mr. Clerk, take the record. On this Bill, there are 96 Members voting 'yes', 21 voting 'no'. This Bill… the House does concur with Senate Amendment #1 to House Bill 3994. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Marlow Colvin, on the Order of Concurrences you have House Bill 4011. Representative Colvin."

"Thank you, Mr. Speaker. I move to concur with Senate Amendments #2 and 3 to House Bill 4011, which amended the Residential Mortgage License Act. The Bill passed earlier this spring out of the House in a unanimous fashion, and it makes two changes. It further defines the terms of 'residential mortgage license' and 'mortgage loan originator license'. And Senate Floor Amendment #3 removes a certain nonprofit organization from the definition of exempt person or entity. With these Amendment, the Bill passed out of the Senate unanimously. I ask for concurrence of Senate Amendments #2 and 3." 09600065.doc 82  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Is there any discussion? Seeing none, the question is, 'Should the House concur in Senate Amendments #2 and 3 to House Bill 4011?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Al Riley. Mr. Clerk, take the record. On this Bill, there's 117 Members voting 'yes', 0 voting 'no'. And the House does concur in Senate Amendments #2 and 3 to House Bill 4011. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Frank Mautino. Representative Mautino, on the Order of Concurrences you have House Bill 4021. The Gentleman from Bureau, Representative Frank Mautino."

"Thank you, Mr. Speaker. I move the House concur with Amendment #2… Senate Amendment #2 to House Bill 4021. This Bill is in two parts. The original… the original Bill impacted the notice rights and the EPA's right to know provisions to effect the public. Whereas that… where the public is at risk due to the release of contaminants. Second, and this was added by Senate Amendment #2 that I ask we concur in, is language that was worked out between the EPA and the Attorney General. And it deals with the Pollution Control Board and specifically to what happened with the Village of Crestwood. Under this, the new Section would allow… would require that owners or operators of public water supplies to maintain their premises for the agencies inspection, all records, reports and other documents. In addition to that, it would require the 09600065.doc 83  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 agency provide public notice within two days via press release and posting information on the agency's web Sites. There are a number of provisions with the Bill. I'd be happy to answer any questions. I know Mr. Rita wanted to make some comments about its impact on… on Crestwood. And I also talked with Representative Durkin in the committee that we may need to do something as far as a Veto Session cleanup Bill for some of the concerns that the cities have. Be happy to answer any questions."

"Is there any discussion? The Chair recognizes the Gentleman from Champaign, Representative Chapin Rose."

"I appreciate your… your comments on that. And I would like to… now, we do agree on the notice provisions and what happened in Crestwood. This is trying to address where they lied time and time and time again in each of their reports and put their people at risk and poisoned their water supply."

"On those, we don't… we're not disagreeing on that."

"The notice provisions and protections, I think we do need to work out because when the municipal attorneys look at some of the language from the… from the Attorney General that they… in the Senate Amendment, they're going to want to have some protections. And I think we can probably do 09600065.doc 85  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 that in a trailer Bill in the Veto Session. This is final reading."

"So, I can appreciate your concerns and where you stand for now."

"Any further discussion? Representative Rita."

"Will the… will the Sponsor yield?"

"Sponsor yields."

"Sure."

"In Amendment #2, from my understanding, this was brought up about Crestwood?"

"Yes. That was the impetus for looking at reporting and giving the public notice when contamination exists."

"I'd like to… you know, I represent Crestwood and I'm very familiar with the situation that happened in Crestwood. And I'm in support of this Bill because I believe that the people of Crestwood, if this was in effect at the time, would have been notified if there was anything or if anything is in there on the notification. I believe that anyone living in a municipality or a town who is providing the water should be notified. And I'm in full support of this Bill. I urge an 'aye' vote."

"No further discussion, the question is, 'Shall the House concur with Amend… Senate Amendment #2 to House Bill 4021?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Acevedo. Mr. Clerk, take the record. On this Bill, there's 103 Members voting 'yes', 14 voting 'no'. And the House does concur in Senate Amendment #2 to House Bill 4021. This Bill, having received the Constitutional Majority, is 09600065.doc 87  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 hereby declared passed. Representative Mautino, don't sit down. On the top of page 18, you have, on the Order of Concurrences, House Bill 4237. Representative Frank Mautino."

"I would move that the House concur in Senate Amendment #1 to House Bill 4237. This was an initiative of the Department of Veterans' Affairs. The Senate Amendment came back with basically the same provisions of the Bill, deals with the IDBA offset and provides that the director of Public Health shall issue the declaration to the director confirming citations and levels of violation that may exist. I know of no opposition to it. Veteran groups are in favor. Be happy to answer any questions."

"Is there any discussion? Seeing none, the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 4237?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there's 117 Members voting 'yes', 0 voting 'no'. And the House does concur in Senate Amendment #1 to House Bill 4237. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Mautino, you have House Bill 4241 on the Order of Concurrence, Representative Mautino."

"I move that the House concur in Amendment #1 to House Bill 4241. Thanks."

"Is there any discussion? Seeing none, the question is, 'Shall the House concur with Amendment #1 to 09600065.doc 88  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 House Bill 4241… Senate Amendment #1 to House Bill 4241?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 117 Members voting 'yes', 0 voting 'no'. And the House does concur in Amendment… Senate Amendment #1 to House Bill 4241. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Walker on page 17 of the Calendar you have House Bill 4120. Gentleman from Cook, Representative Walker."

"Thank you, Mr. Chair, Members of the House. I ask concurrence on Senate Amendment 1 to House Bill 4120. It is a simple change. It limits the available tax abatement from five years back to two years. It is… this is the Bill that allows the incubation of new small companies in vacant commercial space."

"Is there any discussion? Seeing none, the question is, 'Shall the House concur in Senate Amendment #1 to House Bill 4120?' This is final action. All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Mr. Clerk, take the record. On this, there's 116… on this question, there's 116 Members voting 'yes', 0 voting 'no', 1 Member voting 'present'. And the House does concur in Senate Amendment #1 to House Bill 4120. This Bill, having received the Constitutional Majority, is hereby declared 09600065.doc 89  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 passed. Representative Kathy Ryg, for what purpose do you seek recognition? Ladies and Gentlemen, last call, we're looking for the few remaining Agreed Resolutions sign-offs. If you could please bring those up we'll be calling them very, very shortly. So, if you want to be recorded on the Agreed Resolutions list, please bring that up immediately in case you haven't already done so. Thank you."

"Mautino in the Chair. Mr. Clerk, on page 16 of the Calendar is House Bill 3874. Representative Lyons on a Motion to Concur."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I ask for your favorable consideration on Senate Amendment #1 and Senate Amendment #2 to House Bill 3874. The underlying Bill, if you recall, did deal with the right of those who work in the public sector to have the same qualifications of those in the private sector to sit for the examination for a private alarm contractor. Senate Amendment #2… Senate Amendment #1 was a technical Amendment asked for by the State Fire Marshal who worked out on that. So, it was technical. Senate Amendment #2… Senate Amendment #2 requests that… that… and rightfully so, that as emergency communication and mass notification systems to the definition of alarm systems under the Act. What this basically does in keeping up with the technology is included in the original Act. And also for the purpose of legislative intent, when we talked about the definition of operate, of course we mean somebody who is truly an operator of a system and not somebody who merely flips a 09600065.doc 90  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 switch. So, I ask for your favorable consideration. And would be happy to answer any questions."

"The Gentleman has moved the House concur with the Senate Amendments 1 and 2 to House Bill 3874. And on that question, all voted… all who wish vote 'yes'; others vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. 117 having voted 'yes', 0 voting 'no', 0 voting 'present', the House does concur with Senate Amendments 1 and 2 to House Bill 3874. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, page 15 of the Calendar appears House Bill 3649. Representative Ryg."

"Thank you, Mr. Speaker. I move to concur in Senate Amendment #1 to House Bill 3649. The underlying Bill establishes criteria for the reporting and investigation of patient abuse or neglect in hospitals. And the Amendment strictly makes it subject to appropriation."

"The Lady has moved that the House does concur with Senate Amendment #1 to House Bill 3649. And on that, 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 Acevedo, Representative Black, Representative Burns, do you wish to be recorded? Representative Lyons, do you wish to be recorded? Mr. Clerk, take the record. 117 voting 'yes', 0 voting 'no', 0 voting 'present', this Bill, having received the Constitutional Majority, is hereby declared passed. On 09600065.doc 91  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 page 14 of the Calendar appears House Bill 2557. Representative Bradley."

"Ask for a concurrence on this. It's just a Bill that we've been working on, it came out of the Senate unanimously, came out of committee unanimously. It encourages the pension systems to invest in Illinois where it doesn't harm the systems to do so. It's supported by the TRS. I ask for an 'aye' vote."

"The Gentleman has moved the House do concur with Senate Amendments #1 and 3 to House Bill 2557. All in favor vote 'yes'; opposed vote 'no'. This is final action. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Colvin, Representative Ford, Representative Ryg, do you wish to be recorded? Mr. Clerk, take the record. 117 voting 'yes', 0 voting 'no', 0 voting 'present', the House does concur with Senate Amendments 1 and 3 to House Bill 2557. This Bill, having received the Constitutional Majority, is hereby declared passed. Ladies and Gentlemen of the House, earlier today everyone received Supplemental Calendar #1, which were the Agreed Resolutions. The Clerk has tallied those. They've all been turned in at this point. The… in order to be adopted… this does not include House Resolution 352 of those packets which has been return… taken off the list at the request of the Sponsor. We'll move now to adopt these Resolutions. 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 Burns, Representative May, Representative 09600065.doc 92  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 Osterman, do you wish to be recorded? Mr. Clerk, take the record. With a vote of 117 voting 'yes', 0 voting 'no', 0 voting 'present', the Agreed Resolutions are hereby adopted. The Gentleman from Bond, Representative Stephens, is seeking recognition. Leader Stephens."

"State your inquiry."

"For those Resolutions, and this is true for all Members, for those Resolutions where you indicated to the Clerk that you wish to vote 'no', the records… the individual records will show that you voted 'no'."

"No, it would not."

Speaker Mautino: "Mr. Clerk, Senate Bill… on Supplemental Calendar #1, Mr. Clerk, you'll find Senate Bill 177. Place that on the board."

"Third Reading. Mr. Clerk, place Senate Bill 611. Mr. Clerk, read… read the Bill." 09600065.doc 93  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Hold that Bill on Second. The Gentleman from Crawford, Representative Eddy, is seeking recognition."

"Yes, Representative?"

"Mr. Clerk, would you place Senate Bill 177 on the board and move that Bill back to Second Reading."

"On page 13 of the Calendar, under the Order of Concurrence, appears House Bill 177. Representative Riley has filed a Motion that the House do concur with Senate Amendments 1 and 2. Representative Riley."

"Thank you, Mr. Speaker and Members of the House. I move to concur with Senate Amendments #1 and 2. Essentially, Senate Amendment #1 becomes the Bill. It's basically an amalgamation of the underlying Bill that I carried which dealt with repurchase agreements. What was added to it was the ability for the Treasurer to invest in commercial paper with corporations that have an asset value over $500 million. Basically, what it did was extend the time of maturity from 180 to 270 days. Senate Amendment #2 basically clarifies the definitions of what an instrumentality is. And essentially, that's just a federal 09600065.doc 94  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 agency that has marketable securities that can be invested in that has the full faith and credit of the U.S. Government, but basically does not have direct obligations from the U.S. Government like the Federal Home Loan Bank Board. So, I move concurrence with Senate Amendments #1 and 2 and I'll answer any questions you may have."

"The Gentleman has moved the House do concur with Senate Amendments #1 and 2 to House Bill 177. And on that, the question is… and this is final action, 'Shall the House concur?' 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 Collins, Representative Brady, Representative Golar, do you wish to be recorded? Mr. Clerk, take the record. 116 voting 'yes', 1 voting 'no', 0 voting 'present', the House does concur with Senate Amendments 1 and 2 to House Bill 177. This Bill, having received the Constitutional Majority, is hereby declared passed. On page 4 of the Calendar, under Senate Bills-Third Reading, appears Senate Bill 1268. Representative Franks. Out of the record. On page 5 of the Calendar, under Senate Bills-Third Reading, appears Senate Bill 1917. Representative Dunkin. Mr. Clerk, read the Bill."

Speaker Mautino: "The Gentleman from Cook, Representative Dunkin."

"Thank you, Mr. Speaker, Members of the Illinois House here. Senate… House Bill… Senate Bill 1917 simply amends 09600065.doc 95  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 the Nursing Home Care Act. And it provides that a notice of penalty sent to a facility must contain a detailed computation showing how the amount of the penalty was derived, including the number of days and the number of residents on which the penalty was based. I ask for a favorable vote."

"The Gentleman has moved passage of Senate Bill 1917. And on that question, the Gentleman from Crawford, Representative Eddy."

"He indicates that he will."

"No."

"No."

"Yeah. I'm looking at my analysis right now. And my analysis reads, you know, current law and related regulations included… include the basics for… basic elements for copulating penalties as well as provisions for the notice of the specific violations and the related amounts. Although there is not an expressed provision that requires the notice to include the detailed computation." 09600065.doc 96  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Yeah, you know, I'm curious as well. Because what we're simply doing is giving notice or laying out details… reasons as to… and day… you know, just accounting for the days and the et cetera, too…"

"…as it relates to the penalties of a particular facility."

"Exactly."

"You're welcome."

Speaker Mautino: "Further questions? The Gentleman from Vermilion, Representative Black."

"Further discussion? The Lady from DuPage, Representative Bellock."

"This Bill is on Third Reading. And 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? Representative Bassi. Representative Myers. Rep… Mr. Clerk, take the record. 117 voting 'yes', 0 voting 'no', 0 voting 'present', Senate Bill 1917, having received the Constitutional Majority, is hereby declared passed. On page 5 of the Calendar appears Senate Bill 2057. Representative Mathias. Mr. Clerk, read the Bill."

Speaker Mautino: "The Gentleman from Lake, Representative Mathias."

"The Gentleman has moved passage of Senate Bill 2057. And on that question, the Gentleman from McLean, Representative Brady."

"He indicates that he will."

"Further discussion? The Lady from Cook, Representative Graham."

"Thank you, Mr. Speaker. To the Bill. I want to commend Representative Mathias for bringing this piece of legislation forward. I have a couple of constituents in my district who have talked about this and it's very important. So, when an emergency situation happens the police and fire know that there's someone in there who needs services. I respectfully ask that you add me as a cosponsor to this measure. And thank you so much for introducing this. Thank you."

"The Gentleman has moved passage of Senate Bill 2057. This is Third Reading. 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? Representative Bellock, Representative Smith, do you wish to be recorded? Mr. Clerk, take the record. 117 voting 'yes', 0 voting 'no', 0 voting 'present', Senate Bill 2057, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 7 of the Calendar appears Senate Bill 351. Mr. Burke. Read the Bill."

"Third Reading. Read the Bill for a third time."

"The Gentleman from Cook, Leader Burke."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill very simply would eliminate the cure period after a contract… a state contract is left particularly with the Department of Transportation. This would deal with minority subcontractors who would have… that would have the ability to gain contracts through the state. Be happy to answer any questions."

"The Gentleman has moved passage of Senate Bill 351. And on that, the Gentleman from Crawford, Representative Eddy."

"State your inquiry."

"Mr. Clerk."

"That's right." 09600065.doc 102  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"This… Representative, it's been an ongoing discussion with regard to this Bill. And at the last moment those that were intending to clarify some language decided to withdraw the Amendment."

"So, basically the Amend… with the Amendment, the language would not have changed, the intent of the legislation would have been identical."

"Would you repeat that, please?"

"Yes, Sir, that is right."

"And the reason for that is to preclude the activity that's commonly known as shopping. Where a contractor would begin to approach subcontractors asking them for what 09600065.doc 103  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 would be their lowest price, so indeed this activity goes on. This legislation would hope to preclude that. If the award did not go to the first bidder, it would then proceed to the second lowest bidder."

"Again, I don't believe it was a question of coming to an agreement. They didn't like this language to begin with. And I don't think anything they could have offered in an Amendment would have satisfied their concerns."

"I don't believe that this legislation would preclude those other types of changes. And it's interesting that our Illinois Department of Transportation is the only entity that engages in this type of… this practice currently. This cure period. CTA, RTA, Pace, Metra, all 09600065.doc 104  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 of the other major transportation entities do not engage in the 7-day cure period."

"So, that immediately raises my antenna to wonder what and why?"

"Correct."

Speaker Mautino: "Further questions? The Gentleman from Vermilion, Representative Black."

"He indicates that he will."

"It is certainly not the intent of this legislation to increase the MBE, DBE goals of the agency, beyond the goals outlined already in bid documents."

"Certainly not."

"Nothing. It's not the intent of this legislation to force any contractor who has been awarded the contract to increase their MBE, DBE goals."

"But they can encourage."

"Yes, indeed, the bid would be let to the lowest qualified bidder."

"Yes, the contractor would be… would have every opportunity to substitute. Nothing…"

"…in the legislation would preclude that subcontractor from being replaced."

"Representative, that is the whole point of this legislation, to preclude that type of activity. It puts the subcontractor at a very distinct disadvantage. When…"

"…go ahead."

"This legislation would certainly not intend to insist that a contractor use the services of a subcontractor who performed inadequately. There is nothing in the Bill that would suggest that. And I would say in common business practice if the contractor was not satisfied with the work of a subcontractor he would not use that subcontractor in future projects."

"Yes, Sir." 09600065.doc 107  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

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

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

"He indicates that he will."

"Representative, I'm just curious if you have any data on whether or not the state is meeting its goals currently with regards to… to minority and female participation on construction contracts?"

"Yes, Representative, generally they are meeting and in some cases they probably exceed."

"Okay. But… but that might not be for every agency. There's some agencies that have done a better job than others."

"The… the problem that we are addressing in this legislation is the problem with IDOT."

"Right."

"Specifically."

"Right. And… and my understanding is that we just passed, earlier in this Session, a major… two capital programs: a mini capital program for $1.5 billion or so and another major capital program where billions of dollars are going to be spent in road construction and road repair throughout the state. Is that your understanding as well?"

"That is right."

"So, unless we cure this problem… unless we address this problem there is a potential for billions of dollars of work to be performed all over this state that would exclude 09600065.doc 108  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 all the citizens of the state. Is that your understanding as well?"

"That is right. That is the intention of this legislation, to preclude that type of activity."

"Mr. Speaker, to the Bill. I'd like to commend Representative Burke for bringing this Bill forward. Many of us in the Africa… in the Black Caucus have been working on procurement reform for a number of years. I appreciate Representative Burke's efforts to make sure that our state capital program includes businesses owned by citizens throughout the state. And that all of us who are paying our taxes and contributing to the state have an opportunity to participate and generate economic activity in our communities. I plan to vote 'aye' and encourage all to do the same."

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

"He indicates that he will."

"I… I wouldn't necessarily describe it as an unintended consequence. What I would say to you that this legislation would require that general contractors to the best of their good faith efforts to have their subcontractors in place at the time the general contractor submits their bid."

"Exactly."

"If that were the case…"

"No, no."

"There's no need for it."

"For… for legislative intent, this is why we're discussing what the intent of the proponent of the 09600065.doc 110  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 legislation is intending to accomplish here. So, in the scenario that you have just described that subcontractor who was unable to perform for whatever reason is eliminated from the consideration. They then move to the next subcontractor."

"Who… who very likely would be charging the same amount."

"That is absolutely right."

"That is… that is absolutely right."

"Further discussion? Representative Davis, Will Davis." Davis, W.: "Thank you very much, Mr. Speaker. To the Bill. The scenario that was posed by the previous Gentleman I think really gets to the heart of what we're trying to do here. Often and we try to pass legislation to increase minority participation on contracts and… and other things and… and sometimes there are… it's a constant fight in order to do so. While I do recognize the need for members of particularly the Black and Latino Caucuses to work very hard to bring along other organizations, to bring along other contractors and to grow other businesses so that there are a number of businesses available to try to participate on these contracts. But for those that do 09600065.doc 111  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 exist, those that are… are operating in good standing, what this… what this is essentially trying to do is just encourage the prime vendors… the prime contractors to come in the door with the minority vendors already there. Having done the due diligence and reached out, done appropriate due diligence and… and found subcontractors that can perform and can do various types of work, we just want them to… to act on the front end of things and not necessarily try to cut deals and do some back door stuff the other way. Now, I understand some of the challenges with this Bill because it does somewhat seem like you're eliminating the opportunities to cure deficiencies as they say and to increase those goals. Now, mind you, they're just goals. Unfortunately, we can't demand or put in law that certain percentages be met. We have to say they are goals. And sometimes the goals are met and sometimes they're not met, but nevertheless, all we're simply asking is that those prime vendors walk in the door with those vendors already ready to go. To me that would be the right way. And that's the way a company should operate, above board, open, transparent. So, come in the door with the minority vendors having vetted… having been vetted and… and ready to perform on these particular jobs. And again, that's what I think the intent of this Bill is. And I want to commend the Sponsor for his work and his efforts. Again, this is an initiative supported by both of these caucuses as well as contracting organizations that support both of these caucuses in particular. And I would encourage every Member to vote for it. Thank you." 09600065.doc 112  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Further discussion? The Gentleman from Cook, Representative Dunkin."

"Thank you. To the Bill, Mr. Speaker. I am very, very excited and proud of the Sponsor for carrying such a legis… piece of legislation. Finally, you know, we're moving into the 21st century with all of our state agencies doing the right thing as it relates to disadvantaged businesses, people with disabilities and minorities, et cetera. This is a great first step. I think anytime you have the opportunity to close some of the gaps as it relates to the state awarding of contracts is a plus for us. Again, with us having new leadership at the Illinois Department of Transportation who has spent years in this Body and understands and is aware of the issues as it relates to spreading some of the resources of the state to all Illinoisans is exactly what this Body should and I believe is all about. So, I would strongly encourage an 'aye' vote. Congratulations, Representative Burke and thanks for being open for the Amendment. And let's do the right thing and vote for an 'aye'. Vote this up. Thank you, Sir."

Speaker Mautino: "The Lady from Kankakee, Representative Dugan."

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

"He indicates that he will."

"Representative… and I want to certainly also commend you on this. I do have a question as far as especially like if there's a minority general contractor. And let's just say that they can't get together enough, you know, of the minority subcontractors in order to submit a bid. So, 09600065.doc 113  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 I, maybe like some others, I don't want to have some unintended to where maybe we… we think we're going to hinder some more than help. I mean, do… do you see that as a problem at all?"

"I… I certainly can understand your… your concern in that regard. And I would say this issue has come up with respect to the discussion of this piece of legislation. And I believe that there would be no fault or no one held to the fire when we do have areas of our state that don't have sufficient population of minorities. And in that case the agency would intend and make every good faith effort to try to find the numbers to meet the… the goals, but I don't believe that there's anything specific that would impede the agency from continuing the letting of these contracts."

"Okay. I appreciate that and I stand in support of this particular Bill. I think as contractors, and I've been in the construction business for 30 years, when you do bid a project and there's some that have talked about the fact that it will make it hard for contractor… general contractors to get bidders and that's why that 7 days was in there. When you bid a project, the way I'm looking at it, Representative, you build a project… you bid a project and you're going to use and try to use what we have in this state as far as the hiring of minorities and using that as part of your effort to get a bid then I think it's on that contractor and they should have plenty of time to make sure that they go out and find the minority owned businesses that can provide the subcontracting work in enough time. If they want to take advantage of the program we have in 09600065.doc 114  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 the state, then they need to do the extra work to go out prior to the bid and make sure that they have the minority subcontractors online. So, I, again, also thank you. I think it's certainly a step in the right direction. And it's certainly something that can be done if the general contractor truly wants to do what they're expected to do. So, I really encourage an 'aye' vote for this particular piece of legislation. Thank you."

"Further discussion? The Gentleman from Cook, Representative Farnham."

"Thank you, Mr. Speaker. I stand in support of the Bill today. I think that… do I think it's a perfect Bill? No, I don't think it's perfect, but I think it is a move in the right direction. As a subcontractor over the years I understand, you get in the bid process, you put a bid in on a job and then the general contractor comes back after the job's been awarded either awards it to somebody else or negotiates with you to get a price lower. I just think that we need to protect these contractors. The whole minority subcontracting and participation program needs work. And I think this is a move in the right direction."

Speaker Mautino: "No one else seeking recognition, Representative Burke to close."

"Thank you, again, Mr. Speaker, and Ladies and Gentlemen. I believe this is a very legitimate issue. There's nothing strange or uncomfortable about this that would put contractors in an awkward position. It is a fair, equitable approach to providing subcontractors a fair and equal level playing field for their goals and that is 09600065.doc 115  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 to certainly engage with our state in gaining the contracts that are necessary to keep our economy running. And certainly I think it's an important initiative. And I stand ready to work with the state agencies and the contracting industry to remedy anything that would become uncomfortable over the next few months. And as we know, we are now in that very busy season. So, it's important to get a head start, be fair to those who are engaged in business in our state. And I would certainly ask my colleagues for a favorable consideration of this matter."

"The Gentleman has moved that Senate Bill 351 pass. And on that question, 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. 70 voting 'yes', 46 voting 'no', 1 voting 'present', Senate Bill 351, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, read House Joint Resolution 66."

"On page 6 of the Calendar appears Senate Bill 78, Representative Black. Mr. Clerk, read the Bill."

"The Gentleman from Vermilion, Representative Black." 09600065.doc 116  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"The Gentleman's intentions will be granted. On page 8 of the Calendar appears Senate Bill 1265, Representative Lang. Read the Bill. Out of the record. The Gentleman from Madison, Representative Beiser is seeking recognition."

"Thank you, Mr. Speaker. Please let the record reflect that on Senate Bill 351 I need to be recorded as a 'no'."

"The record will reflect your intentions. Mr. Clerk, place Senate Bill 2024 on the board. Read the Bill."

Speaker Mautino: "The Gentleman from Cook, Representative Lang."

"Thank you, Mr. Speaker, Ladies and Gentlemen. This is an initiative of the Clerk of the Circuit Court of Cook County. And it does a couple of things. First, it takes… it adds penalties to unpaid fines, those penalties to be distributed into certain funds that the court has previously put into place. And it also redistributes the dollar amounts for other fines into given funds that the clerk has. Many clerks have these funds where they distribute things for emergency response crime lab analysis fees, et cetera. So, this is mostly just a redistribution 09600065.doc 117  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 of the fees they're already collecting. I would ask your passage on this."

"Gentleman moves passage of Senate Bill 2024. And on that question, the Gentleman from Cook, Representative Fritchey."

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

"He indicates that he will."

"Representative, if you can just explain to the Body the opposition of the Cook County State's Attorney, the Illinois Chiefs of Police and the Illinois Sheriffs Association?"

"To my knowledge, they did not testify in committee."

"So, you're not sure why they are listed as opponents?"

"No, Sir."

"Thank you for shedding light on that."

Speaker Mautino: "Further questions? The Gentleman from Crawford, Representative Eddy."

"So, is that another question, Sir?"

"Is this my first Bill? I… I could be remembering this wrong, Sir, but I don't recall anyone from any of those organizations telling me they were opposed to the Bill." 09600065.doc 118  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Further questions? Representative Reboletti, the Gentleman from DuPage."

"He indicates that he will."

"That is my recollection. And I recall that you voted for it, Sir. And sometimes you're tough to convince."

"Thank you, Sir."

Speaker Mautino: "Further questions? The Gentleman from Vermilion, Representative Black."

"He indicates he will."

"Well, Representative, I think some of the redistribution of the fees, particularly of the penalties that would be assessed on unpaid fees, stays with the Clerk of the Court for administrative purposes. But some of the redistribution of the fees would be as follows. On DUIs, some of it would go to emergency response expenses for the county, some would go to crime lab analysis fee when it's assessed. In school speed zone… where there are violations in school speed zones some of the fine goes to the school district where the offense occurred for school safety purposes, certain of the fees go to the drug court and certain fees go to… from youth diversion, child advocacy and victim impact panels, when assessed, are dispersed to support the court system. That's what I have. And beyond that, I have nothing for you."

"The new distribution of fines applies only to Cook, but the penalties on delinquent and unpaid fines would be statewide. I'm sure your clerk would appreciate that."

"Why don't you have your clerk call me, Sir."

"So, just in the interest of full disclosure, there are a couple…"

"Yes."

"There are a couple of small new fees in here that apply to Cook County only."

"I think there's a new $20 fee that applies in DUI cases and there may be one other in here and I can't find it at the moment."

"All right. I was incorrect, it's a $50 fee."

"And for… for school zone violations and it goes to the school district where the violation occurred for their own 09600065.doc 121  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 safety purposes. So, it's not… that is not kept by the Clerk of the Court nor does it go to the court system."

"I don't think so."

"Further discussion? The Gentleman from Cook, Representative Joyce."

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

"He indicates he will."

"Thanks. Representative Lang, just following up on Representative Black's questions. I'm glad you corrected it was $50, but I also see there's an additional $125 fee?"

"Well, let me see if I can find that. Do you know what Section of the Bill that's in, Sir?"

"It looks like page 15 or 16. Yeah. I… I'm sorry on page 14, page 3. When a fine for a violation of Section 11-605.1 of the Illinois Vehicle Code is 250 or greater the person who violated that Section shall be charged an additional $125 as provided by for… by subsection(e) of Section 11-605.1."

"Yes, I see that. And I apologize for missing that. And that… those… that particular fee would be disbursed by the Circuit Clerk to a State or County Transportation Safety Highway Hire Back Fund."

"What's the Hire Back Fund?"

"I don't think I have an answer for you, Sir, but I'll try to get you one." Joyce: "Would you mind pulling this out of the record until you get us that?" 09600065.doc 122  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"I'll do that for you."

"Thanks."

"Mr. Clerk, take this Bill out of the record at the request of the Sponsor. The Gentleman from Sangamon, Representative Poe is seeking recognition."

"State your point."

"Mr. Clerk, place Senate Bill 1928 on the Board and read the Bill."

"Third Reading. Mr. Clerk, read the Bill a third time."

Speaker Mautino: "The Gentleman from Cook, Representative Lang."

"Thank you, Mr. Speaker, Ladies and Gentlemen. This Bill is a… is a idea of the Department of Human Rights. When someone, anyone wants to do business with the State of Illinois, they fill out some paperwork and there's whatever check is done on their company. These audits of these 09600065.doc 123  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 companies to make sure they follow human rights laws cost the state a significant amount of money. And the department's been assuming these costs for some time. This Bill would impose a $75 registration fee, which would be good for five years. So, in essence, it's a $15 a year registration fee just on companies that want to do business with the State of Illinois, so the Department of Human Rights can do these checks. These are checks that I believe are required by the Federal Government so they must be done. I would ask your support."

"The Gentleman has moved passage of Senate Bill 1928. The Gentleman from Jasper, Representative Reis is seeking recognition."

"He indicates he will."

"No."

"Thank you for the question. This fund would be subject to sweeps, but not subject to administrative chargebacks."

Speaker Mautino: "Further questions? The Lady from Will, Representative Kosel."

"He indicates he will."

"There is no current fee."

"The department's been assuming these costs on their own up until now and it's become cost prohibitive for them do it. These are only for companies that want to do business with the state. And it's a pretty small fee for a five year period of time."

"Not that I recall, Representative."

"Well, I don't recall that, but even if it were the case, times change. I don't know when that law was passed. I don't know who made the commitment, but that kind of a commitment cannot be forever."

"The Gentleman has moved passage of Senate Bill 1928. And on that question, the Lady from DuPage, Representative Bellock." 09600065.doc 125  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"The Gentleman has moved passage of Senate Bill 1928. No one else seeking recognition, 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. 63 voting 'yes', 54 voting 'no', 0 voting 'present', Senate Bill 1928, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, place Senate Bill 1984 on the board and read the Bill."

"The Lady from Cook, Representative Davis on Floor Amendment #3." Davis, M.: "Thank you, Mr. Speaker. I would like to table Amendment #1 and Amendment #2 and adopt Amendment #3. 09600065.doc 126  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 Amendment #3 becomes the Bill. The items in Amendment #1 and the item in Amendment #2 all become a part of Amendment #3. Mr. Speaker, both Amendments were adopted on the floor."

"One minute, please. The Lady moves to table Floor Amendments 1 and 2. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. Floor Amendment 1 and 2, in the opinion of the Chair, are tabled. Mr. Clerk, further Amendments?"

"The Lady from Cook, Representative Davis on Floor Amendment #3." Davis, M.: "Thank you, Mr. Speaker. Floor Amendment #3 becomes the Bill. And what Amendment #3 for Senate Bill 1984 states is that contractors and administrators of instructional services of a school district, they are a part of or covered under the Illinois Education Labor Relations Act. Included in this is special education facilities that may not be a public school, they are not covered under this Act. And it states that the employees of charter schools are eligible to be organized under the… well, of course, the National Labor Relations Act and the Illinois Education Labor Relations Act. And we are merely providing information in the law that employees are capable and they can be under the Illinois Education Labor Relations Act. And I ask for an adoption of Amendment #3."

"The Lady moves adoption of Floor Amendment #3. And on that question, the Gentleman from Lee, Representative Jerry Mitchell." 09600065.doc 127  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 Mitchell, J.: "Thank you, Mr. Speaker. I'll withhold my questions until the Amendment's been adopted, if that's all right?"

"No one else seeking recognition, the question is… the Lady moves adoption of Floor Amendment #3. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. In the opinion of the Chair, Floor Amendment #3 is adopted. Mr. Clerk, any further Amendments?"

"Third Reading. Mr. Clerk, read the Bill for a third time."

"The Lady from Cook, Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. Senate Bill 1984, excuse me, is an agreement that was reached by a number of parties in reference to our charter schools, our contract schools and our labor unions. And I think we have a great agreement here. Amendments 1 and 2 are included in Amendment #3 and I stand ready to answer any questions."

"The Gentleman from… the Gentleman from Lee, Representative Mitchell is seeking recognition." Mitchell, J.: "Thank you, Mr. Speaker. Ladies and Gentlemen of the House, 1984 is… is about a nine-month piece of work that was… that really came through the Charter School Bill, which you'll hear later today. These two Bills are moving in tandem. The agreement between all parties that negotiated the charter school reform agreed to allow 1984 09600065.doc 128  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 to come to a vote prior to the Charter School Bill. Everyone agreed to that. There's still some concerns out there. If you were around in '95, and there's still a few of us that were around then, we did pass a Charter School Bill back then. And the question was asked at that time if charter schools would fall under the Illinois Labor Relations Act and the answer to that was a definite yes by Representative Cowlishaw. We have that transcript. I've checked it and that's exactly what was said as far as the intent of this Bill. Basically, this Bill allows the charter school to move forward which you'll hear later today. Will the Lady answer some questions?"

"She indicates she will." Mitchell, J.: "Representative, I have a couple of questions for legislative intent. In respect to charter schools, which Labor Act covers the employees?" Davis, M.: "I'm sorry, I can't hear."

"Excuse me. Could the House bring the level of noise down please so we can get the legislative intent on the record." Mitchell, J.: "In respect to charter schools, which Labor Act covers the employees?" Davis, M.: "Employees of charter schools and instructional employees of charter schools that are operated by subcontractors statewide are covered by the Illinois Education Labor Relations Act." Mitchell, J.: "In respect to contract schools and contract turnaround schools, which Labor Act covers these employees?" 09600065.doc 129  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 Davis, M.: "Representative Mitchell, in Chicago employees of contract schools and contract turnaround schools are covered by the, excuse me, Illinois Educational Labor Relations Act. Instructional employees who work for subcontractors of contract schools and contract turnaround schools are also covered by the Illinois Educational Labor Relations Act." Mitchell, J.: "To the Bill, Mr. Speaker."

"To the Bill." Mitchell, J.: "There's been several people that have worked on this Bill, several subcontract private entities which have… have come exemptions. The alliance had some concerns with the language and late last night we worked out the language so that they are no longer opposed to this Bill. And I know of no strong opposition to 1984. And I certainly advise an 'aye' vote. Thank you, Mr. Speaker."

Speaker Mautino: "The Gentleman from Menard, Representative Brauer."

"She indicates she will."

Speaker Mautino: "Further questions? The Gentleman from Crawford, Representative Eddy."

"She indicates she will."

"Further questions? The Lady from DuPage, Representative Bellock."

"She indicates she will."

"The Lady has moved passage of Senate Bill 2984. Representative Davis to close." Davis, M.: "I would just urge an 'aye' vote. I think we've reached an agreement, a compromise and I think this will help to put to rest a number of questions in reference to the intent of the original legislation. In the original legislation I think Representative Cowlishaw answered the questions of Representative Ryder in reference to the intent of charter schools being under the Illinois Education Relations Board. So, I would just ask for an 'aye' vote. Thank you."

"The Lady has moved passage of Senate Bill 1984. Representative Davis to close." Davis, M.: "I would just like to urge an 'aye' vote. I think we've reached an agreement, a compromise and I think this will help to put to rest a number of questions in reference to the intent of the original legislation. In the original legislation, I think Representative Cowlishaw answered the questions of Representative Ryder in reference 09600065.doc 134  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 to the intent of charter schools being under the Illinois Education Relations Board. So, I would just ask for an 'aye' vote. Thank you."

"The Lady's moved passage of Senate Bill 1984. And 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? Representative Beaubien, Cavaletto, Mitchell, do you wish to be recorded? Mr. Clerk, take the record. 102 voting 'yes', 14 voting 'no', 0 voting 'present', Senate Bill 1984, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, place Senate Bill 612 on the board. Read the Bill."

"Representative Mitchell." Mitchell, J.: "Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Amendment 1, which is the Charter School Reform Act of 2009, changes dramatically the landscape for charter schools. Floor Amendment 1."

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

"Mr. Mitchell." Mitchell, J.: "Basically, I'll give you an overview of… of the discussion and… and what transpired and what is in Committee Amendment #1… Floor Amendment #1. First of all, it increases the total number of charter schools operating under Article 27 of the School Code to 120. Chicago may 09600065.doc 135  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 operate up to 70 charters, previously that was 30 charters. Downstate may operate up to 45 charters and previously that was 15 charters. In addition to those 40 charters in Chicago, there's an additional 5 charters that are strictly for dropouts. There are some administrative requirements for this. One of the problems that we've had with… with charter schools is a feeling that there was never the sunshine on the charter schools. They weren't under the same reporting requirements as the public schools, and that's always been a sticking point with both the IFT, the CTU and the IEA. We worked extensively on that problem and now have a report card an apples to apples comparison. It will be done on an annual basis. And you, in the General Assembly, will get a copy of that report so that you know exactly how charter schools are… are doing. There's also a requirement for teacher certification that's going from 50 percent now up to 75 percent by the year 2013. That's on a phase-in. That was agreed to by the charter school folks as well as… as the labor unions. In addition to these things, we… we do have an Independent Charter Authorization Task Force. The charter schools have long asked for an independent authorizer. Right now, the state board or Chicago Public Schools or our local Boards of Education are the only ones that can authorize a charter school. The labor unions have agreed to serve on a task force to look at this issue and this was taken off the table and basically may come back to you in the next few years. There's 16 members to be appointed by this task force. There will be one member from each of the four chambers… 09600065.doc 136  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 two chambers, both sides of the House and Senate. There will be no compensation for this committee, but they can be reimbursed by ISBE for expenses such as travel."

"The Gentleman has moved passage of Senate Bill 612. And on that, the Gentleman from Cook, Representative Osterman."

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

"He indicates that he will."

"Representative, I want to congratulate you on your hard work over many, many years on this very, very important educational piece of legislation. One of the major upsides to this is that the State Board of Education is going to have more time to review and approve new charters and have more of a stake in monitoring and working to see the effectiveness of these charters. The question for legislative intent is that, the reporting of the school data and financial data will be individual charter campuses to the State Board of Election, is that correct?" Mitchell, J.: "Could you repeat your question?"

"That the reporting data that the State Board of Election… Education will collect will be based on the individual charter campus and not if a charter's got more than one campus?" Mitchell, J.: "That… that's absolutely true. And…"

"Okay." Mitchell, J.: "…and we will be able to look at each and every one of those charter schools and see how they're doing on their own merit." 09600065.doc 137  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"And then, we'll obviously, over time, as policymakers be able to look as you said as an apples to apples comparison to see what charters are working, what charters are not working and you know, take from the good and work on the bad. As you've talked about, this gives the City of Chicago a great deal of flexibility. As Ron Huberman, the CEO of the Chicago Public Schools talked to us when he meet with the joint Education Committee, there's many innovative ways that we have to educate the young people of Chicago as well as the rest of the state. This is going to give them flexibility in doing that. One of the arguments against charters schools for many years is the fact that many of them were not certified teachers. What this will require is that over a period of time they will… in many cases the number of certified teachers in those schools will grow. So, this will also help with dropouts, which is something that is… affects every corner of the state. So, Representative Mitchell, I, again, applaud your efforts on this. It's a significant step in the right direction at a very challenging time in our state." Mitchell, J.: "Thank you."

Speaker Mautino: "Further discussion? The Gentleman from Crawford, Representative Eddy."

"He indicates he will."

"Majority Leader Currie, the Lady from Cook, is seeking recognition."

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

"He indicates that he will."

"Can contract schools and contract turnaround schools have more than one campus under this legislation?" Mitchell, J.: "No, Representative, they can't. Contract schools and contract turnaround schools are single campus. They… there's no ability to replicate."

"And is there a cap on contract and contract turnaround schools and contract and contract turnaround school look-a- likes that might be providing instructional purposes under Section 34 of this Act?" Mitchell, J.: "Yes, Representative. This legislation will place a hard cap on schools created for instructional purposes under Article 34, Section 18, paragraph 30."

"Thank you. And to the Bill. It's, I think, a very sound Bill and I think the Sponsor and many others have worked very hard to make this happen. So, congratulations, one and all."

Speaker Mautino: "The Gentleman from Fulton, Representative Smith." 09600065.doc 141  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

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

"He indicates he will."

"Representative Mitchell, I have a couple of questions for you. As you know, I've been working on the legislation that creates the longitudinal data system for the State Board of Education, Board of Higher Ed and so forth. Would the new charter schools, the contract schools and the contract turnaround schools have the same reporting requirements under that new system of longitudinal data?" Mitchell, J.: "That's a very good question, Mike. And… and it's absolutely vital that we get that data system up and running because they will fall under that same reporting process, which will make it easier for us to compare school to school to school."

"And for the charter schools will that be by each individual campus?" Mitchell, J.: "It will be each individual school campus, correct."

"Okay. Thank you. To the Bill, Mr. Speaker. I want to commend Representative Mitchell for the hard work I know that he has put into this legislation and the others who have participated in the discussions over the last year. And I think they've come a long way as someone said on Representative Davis's Bill. Every group is a little bit unhappy, which is probably a sign that this may be the right thing. I, philosophically, have a problem with charter schools in that I don't think they've lived up to what they were supposed to as Representative Eddy said in his comments on a previous Bill. My understanding when we 09600065.doc 142  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 passed charter schools originally was that they were going to allow us to experiment with some innovative ideas in our public schools. And we've never seen any type of report… any type of results coming back to our public schools as to what's going on good in our charter schools. And unfortunately, I think as well-intentioned as the Sponsor is and the group working on this, I think we're just adding to the number of charter schools without really addressing those concerns. I know Representative Mitchell feels that we will be able to get that data and we will be able to know what's working well in charter schools and be able to turn that around to our… the rest of our public schools. But I do have a concern that we have allowed to create basically over the last 15 years a system of publically funded private schools and that concerns me. I know there are a lot of good charter schools out there that are doing good things and improving student achievement, but I'm worried about those students who are left behind in the public schools who don't have the parents who are involved enough to try to get their kids into a charter school who maybe are special needs students who have… require special education and the charter schools are not necessarily equipped nor do they want to serve the special ed students. So, I think there are some real concerns. And for that reason, I will probably be opposing your legislation, Representative Mitchell, although I… I realize the work you have done and I know it's been very well-intentioned."

"Further questions? The Gentleman from Cook, Leader Miller." 09600065.doc 143  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Thank you, Mr. Speaker. Will the Sponsor yield? I want to commend you, first off." Mitchell, J.: "Thank you."

"It's something that's been very difficult, I know. Has there been any discussion regarding virtual charter schools? Or does that… does… does this Bill address anything like that?" Mitchell, J.: "Well, certainly when the charters are available virtual schools can apply for those same charters just like anyone else, but… but there was no independent discussion of… of virtual charter schools."

"Okay." Mitchell, J.: "We do have one virtual high school, I believe, in Chicago."

"Yes." Mitchell, J.: "There are plans for some more. If they go through the same process, along… the state board now has 60 days rather than 14 days to take a look at that and… and make a good solid decision on whether or not they should progress."

"The purpose I bring it up because as you know in committee there's been conversations about virtual schools. I am actually a supporter of virtual schools. I think it's where we need to go as a society. It helps increase access and things like that. However, there may be certain different requirements of a virtual… establishment of a virtual school versus a normal charter. Does the charter schools will take that into consideration based on rules 09600065.doc 144  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 and regulations from the Illinois State… from the Illinois State School Board?" Mitchell, J.: "There… there's nothing in this Bill… nothing in the Charter School Reform Act of 2009 that will explicitly hurt the virtual school movement."

"Okay. Going to application and admitting process is within that particular. As you know, many of the virtual schools, excuse me, many of the charter schools you have to apply. And oftentimes that even though the charter was set up to help those in the community, you have students who wish to attend charter schools get in from a… from a further distance. Is there anything in this language that would make sure that no impropriety or no preferential treatment was given to students based on either who they know or… or… or any of that kind of nonsense?" Mitchell, J.: "No, there is not. And… and we did not change the original charter school language that dealt with that issue. It's… it's by lottery. There's no special preferential treatment given to anyone, but I believe there are several thousand requests for charter school applications from students that have had to be denied because we simply have had the cap on charters. So, without moving this cap, that list will continue to grow."

"Okay." Mitchell, J.: "Now, we have the same kind of list, to be fair, David, for two… for the magnet schools in Chicago. So, it's a problem there as well."

"Well, you know, opening up… we just want to make sure if any of these were dealt… these are just questions. In 09600065.doc 145  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 terms of any… so, therefore, no penalty is discussed in this if there is impropriety either?" Mitchell, J.: "That… that's correct."

"Okay. To the Bill. I want to congratulate Representative Mitchell. I, too, and I heard discussion on an earlier Bill, talked about no one was really happy and then no one was really sad about it. I know Representative Monique Davis, Representative Mitchell, others have worked very hard and very contentious at times dealing with this issue, as long as myself and others. And so you've got to feel that this is at least is a step in the right direction on… on trying to make sure that there's quality and have alternatives for children here in the state who feel they can do better under different environments, which, I believe, that's the goal of all of us."

"The Gentleman has moved passage of Senate Bill 612. And on that Motion, 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? Does Representative Wait wish to be recorded? Mr. Clerk, take the record. 115 voting 'yes', 0 voting 'no', 2 voting 'present'. Senate Bill 612, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk."

"Majority Leader Currie for a Motion."

"Thank you, Speaker. I move to suspend the posting requirement so that House Resolution 421, House Joint Resolution 57, Senate Joint Resolution 64 can be heard today in the Committee on Agriculture. House Resolution 444, Senate Joint Resolution… in Higher Education, Senate Joint Resolution 4 in Environment, House Resolutions 411, 420, 424, 425, 437, 443, 468 and House Joint Resolution 62 in State Government. House Resolutions 413 and 428 in Veterans' Affairs. House Resolution 447 in Elementary & Secondary. House Joint Resolution 63 in Environmental Health. House Joint Resolution 66 in Revenue. House Resolution 431 in Vehicle Safety. House Resolution 417 in Human Services. House Joint Resolution… I already had that. So, we'll skip it. House Resolution 470, House Resolution 472, House Joint Resolution 56 in Human Services. And House Resolution 418 in State Government. I know of no opposition to the Motion."

Speaker Mautino: "The Lady moves posting requirements be waived. Seeing no objection, all those in favor say 'aye'; opposed 'no'. The 'ayes' have it. And the postings are waived. The Gentleman from Cook, Representative Osterman is seeking recognition."

"It's a point of personal privilege. I'd like the Clerk to record that I was a 'no' on House Bill 3714." 09600065.doc 147  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

Speaker Mautino: "The record will so reflect. Mr. Clerk, please place, from the Order of Concurrence, House Bill 415 on the board. And read the Bill. On the Motion, Representative Lang."

"Thank you, Mr. Speaker. I move to concur in Senate Amendment #1. It does two things. It requires that the computation of rates for the nursing component of our nursing facilities be adjusted on a quarterly rather than annual basis. And it also requires the department to adopt rules establishing reimbursement rates for person on ventilators. Also permits the department to adopt emergency rules on both of these. There was no opposition in committee."

"The Gentleman moves that the House do concur in Senate Amendment #1 to House Bill 415. The Lady from Cook, Representative Hamos is seeking recognition."

"Thank you. Will the Sponsor yield?"

"He indicates he will."

"Why is this needed?"

"It's been reported that the current… the current MDS methodology being computed on an annual basis rather than a quarterly basis is not timely enough to recognize fully the severity of certain patients relative to the ventilators. The payments for ventilator dependent patients had not been adequate in relation to the costs."

"Well, Mr. Lang, do you contemplate that this year in the midst of this budget crisis that we're having that the nursing homes are going to be receiving a rate increase 09600065.doc 148  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 using their… whatever was three years or four year or five year plan?"

"Well, it appears unlikely that they're going to get substantial new dollars and that there may have to be some delays in the MDS. However, this is not for new rate increases. It is to… well, I guess in part it is… but it's to establish that rather than adjusting annually we would adjust quarterly. We get to the same place anyway in the end, Representative."

"But is this going to…"

"And… and today they're not getting adequate reimbursement for people on ventilators. And as you know there are more and more people in nursing homes that are very serious debilitating illnesses that require ventilators."

"No. I think that what I really asking was whether this is going to… this particular Bill is going to result in a rate increase or if you are negotiating to get a rate increase when we're in the midst of this tough budget year?"

"Well, I'm involved in any negotiations involving rate increases for the nursing homes, if that's what you're asking."

"And does this Bill… will this Bill result in a rate increase? I mean, will this Bill result in additional dollars going to that line item from some place?"

"I am presuming that relative to the ventilators, once rules are adopted to establish reimbursement rates there 09600065.doc 149  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 will be some additional dollars to cover those… those particular issues."

"But you're not only intending to do this for people on ventilators? This is a quarterly instead of an annual for everybody, no?"

"Well, this… there's two parts to this. One deals with the ventilators. One deals with the implementation of the MDS, which this General Assembly has recognized, approved and voted for several times. Yes, there would be some slight increases along the way, but in the end we're only going to adjust… we're going to adjust quarterly instead of annually. And so, in the end, the annual rate would be whatever the annual rate was, but certainly there would be a bump along the way. However, we may not be appropriating money for that purpose, in which case, it will be moot."

"Okay. Well, I just wanted to really double-check this. Because you know we are sort of asking everyone to do some belt-tightening this year. And I know that the nursing homes have been coming around during the Session. And I under… I appreciate that they were on a plan. They had a plan to improve their rates using the MDS methodology, but this is the year and we're getting ready to take billions of dollars out of the budget, sadly. And I just wanted to make sure that we weren't inadvertently voting for a Bill that was going to add to that nor… well, we'll be looking at that 'bimp' very closely 'cause I think in the past few years the rate increases for MDS have come through the 'bimp'. And I just wanted to just clarify that. Thank you." 09600065.doc 150  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"The Gentleman has moved the House do concur with Senate Amendment #1 to House Bill 415. And the question is, 'Shall the House concur?' All in favor vote 'yes'; opposed vote 'no'. This is final passage. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Howard, Representative Sullivan, do you wish to be recorded? Mr. Clerk, take the record. 117 voting 'yes', 0 voting 'no', 0 voting 'present', the House does concur with Senate Amendment #1 to House Bill 415. This Bill, having received a Constitutional Majority, is hereby declared passed. The Lady from Lake, Representative Cole is seeking recognition."

"The record will reflect your intention. On page 17 of the Calendar under Concurrence, House Bill 4099. Representative Biggins on a Motion."

"The Gentleman moves to nonconcur with Senate Amendments 1 and 2 to House Bill 4099. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. And the House does nonconcur with Senate Amendments 1 and 2 to House Bill 4099. House Joint Resolution 51. Mr. Clerk, please place that on the board. Representative Thapedi. What is the status, Mr. Clerk?" 09600065.doc 151  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

Speaker Mautino: "The Gentleman from Cook, Representative Thapedi."

"Thank you… thank you, Mr. Speaker and Members of the House. With respect to House Amendment #1, I would like to withdraw that and proceed…"

"Gentleman withdraws House Amendment #1."

"Thank you. Mr. Speaker, with respect to House Amendment… Floor Amendment #2, this reflects an agreement. We had considerable debate on this issue. And I want to reach out to my colleagues and thank them all for working with… working with us together to come to a resolution. I think at this point based upon Floor Amendment #2 that we have an agreement, including myself, the National Rifle Association, the City of Chicago and all of the other involved parties. One of the major…"

Speaker Mautino: "The Gentleman moves adoption of Floor Amendment 2. And on that, all in favor say 'yes'; opposed 'no'. The 'yeses' have it. The Amendment is adopted. Mr. Clerk, further Amendments?"

"Read the Resolution."

"Representative Thapedi."

"Thank you, Mr. Speaker. This Resolution at this point this actually proves that regardless of what the 09600065.doc 152  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 media thinks about what we do here in Springfield, this proves that we can work together on both sides of the aisle, anti or competing lobbies. We can, in fact, work together and come to an agreement. And I'm very pleased to have this, especially with some of my colleagues, my seatmates that had some issues with the crafting or the language and the composition of the members of the task force that we've now worked together to do it. And I want to thank everyone for working with me. And I'd appreciate an 'aye' vote on this."

Speaker Mautino: "The Gentleman from DuPage, Representative Reboletti."

"Representative Reitz."

"Thank you, Mr. Speaker. Just to the Bill… or to the Sponsor, mostly. Appreciate you working with everyone, taking this out. So, on behalf of Representative Osterman and myself we appreciate your hard work."

"Mr. Thapedi to close."

"As I said before, I think that we've had extensive debate on this issue. I think that there's nothing more that I can say other than to thank everyone for working with me on this important issue. I think that with the creation of the task force, I think that we'll at least begin to move in the direction of coming up with solutions… solutions. I have here in my hand a list of 36 Chicago public school students who have been killed by gun violence. I think this is the beginning to coming up with a solution. And I encourage all of the Members of this Body to vote 'aye' in favor of this Resolution. Thank you."

"The Gentleman moves adoption of House Joint Resolution 51. 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… Representative May, Representative Mitchell. Take the record. 117 voting 'yes', 0 voting 'no', 0 voting 'present', House Joint Resolution 51 is adopted. Mr. Clerk, read House Joint Resolution Constitutional Amendment 09600065.doc 154  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 #31. Read the Bill. Place this Bill on Third Reading. Now, read the Bill."

"Representative Franks." 09600065.doc 157  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Thank you, Mr. Speaker. And I want to thank the Speaker for allowing us to call this Bill and I want to thank my cosponsors of the Bill as well. Recently, we've taken strong steps towards reforming State Government here in Springfield, including the passage of reform measures such as FOIA reform and changing the way we do procurement. And I commend my colleagues on their firm actions, but our work is far from done. Illinois needs to join the 18 other states that have a recall provision in their State's Constitution, such as the Midwestern states, our neighbors up in Wisconsin, Michigan and Minnesota. We need to give the voters the option of adding to the Constitution a way to recall our Governor. We must give the citizens the right to take their government back. The Illinois State Constitution currently only allows the Legislature to impeach elected officials. Illinois voters deserve to have their own means to remove an incompetent, elected official. For the General Assembly to impeach the former Governor, we needed an indictment to spur us to action. Some of us had called for an impeachment long before Governor Blagojevich was indicted, but were rebuffed. Recall would allow citizens a real voice without having to rely on the United States Attorney or the General Assembly. In Illinois, right now, there are more federal agents investigating corruption than any other state. People have lost faith in their government and in their elected officials and deservedly so. We need to give them the means to take their government back. If any state needs to give voters the power of recall, it's Illinois with our long history of 09600065.doc 158  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 malfeasance in office. Now, our Resolution gives the voters in Illinois the opportunity to have a California- style recall system. Voters will have the ability to remove their elected Governor if they feel that he or she is not fulfilling the demands of the role in the best interests of the people. The numerous failings of our former Governor are indisputable examples of why a recall provision is necessary. Chronic mistakes and broken promises and mismanagement are justifiable reasons for recalling a Governor who is clearly not working in the best interests of the State of Illinois. If Illinois had a recall provision, I believe, when George Ryan was Governor, I don’t think that we would have seen the abuses of the Blagojevich administration. Illinois voters deserve the right to fire inept lawmakers. Those… this legislation was inspired by the performance of our former Governor. This issue is about more than one person's performance. This fundamentally comes down to whether we believe in the people's right of self governance or whether we believe this is as good as it gets. Now, our legislation provides that the people would need to collect petitions equal to 15 percent of the voters in the last election within 150 days of filing for a recall election of a sitting Governor to take place. Also it has the additional safeguard requiring at least 20 House Members and 10 Senate Members to also sign those petitions and at least half have to be… they have to be at least 50 percent from one Party. Now, history has shown that voters use recall power responsibly. Only two Governors have been recalled in American history: 09600065.doc 159  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 North Dakota in 1923 and Gray Davis in 2003. Recall legislation is a grass roots way for people who are unhappy with their elected officials to make a real change. And this a real check in balance. This is not about partisan politics. Governor Pat Quinn supports this recall provision. His leadership on this important issue has been impressive and his willingness to work together is really helping on this Bill. Illinois will not have a recall process because the people are temporarily unhappy with one decision or a few decisions a Governor makes. Recall will only be used as an extreme solution to an extreme situation. I'd be happy to answer any questions."

"Ladies and Gentlemen of the House, we're proud to welcome our Governor, Pat Quinn, who's joined us today. Governor Quinn, welcome to the House of Representatives. The Gentleman has moved adoption of House Joint Resolution Constitutional Amendment 31. And on that question, the Gentleman from Vermilion, Representative Black."

"Speaker Madigan in the Chair. And we're going to interrupt the debate because we have the second most powerful man in the United States Senate, a native of Illinois, native of Springfield, native of East Saint Louis, from Jay Hoffman's neighborhood, let me give you the Honorable United States Senator, Dick Durbin."

"Representative Mautino in the Chair. Further discussion? The Gentleman from Jasper, Representative Reis."

"He indicates that he will."

"There… there is a… there is a line of succession. And should the Governor be recalled and assuming that the Lieutenant Governor position is filled, the Lieutenant Governor would temporarily swell to the powers of the Governor. And would take over that position until the successor election." 09600065.doc 164  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Well, this is how it's set up, Representative. It's a California-style at the recall provision. What would happen is there would be two votes on the day. So, let's assume that this passes and one wishes to recall a Governor. The first question on the ballot, Should Governor 'X' be recalled? If that does not pass, you never get to the second question. But assuming it does pass, then there would be a… it would be a Primary on that same date, Who should be the nominee of the Democrat, Republican, whether… the Green Party, whatever those might be? Then within 60 days the winners of those Primaries that would be held simultaneously with the recall would square off within 60 days."

"Sure. And I… and I appreciate your question there. And I… I want to correct something. I think we can still get it passed in this Session. Today's Saturday, assuming we pass it today and we send it over to the Senate. And they read it today once and they can read it tomorrow on Sunday for a second time. And let's assume we get done late tomorrow, they'd still be… then they'd be able to gavel then… they could either do it Monday morning at 12:01 for the Third Reading or if they come in to do appointments, as they do often, that would be another day that they could do it then. So, I think we can get this done, you know, very quickly. So, assuming that we pass this and this would be on the ballot in the next General Election, which would be next November and it would be the first question on the ballot next November on whether we should amend the Constitution to put in a recall provision for the Governor."

"The numbers that would be needed to vote in the affirmative, I believe, is… majority of those voting on the question or 60 percent of those voting in the election."

Speaker Mautino: "Further questions? The Gentleman from Jackson, Representative Bost." 09600065.doc 166  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"And… and listen, I agree with you. And we… that's the Bill we passed last year, but yet remember that the Senate hijacked it. And they killed it."

"This is the agreement that we can get passed."

"Now, I think it's a great start because if you look at the… at the real abuses that's happened in our government, it's been at the executive level. I'd like to be able to extend it, but this is… let's worry about that later. Let's get this one passed now because as you know recall's only been used twice in the last 80 years. And it ma…"

"And it ma…"

"I'm… I guess some states do…"

"…will allow either a citizen initiative or Members of the General Assembly. I learned of it, quite frankly, a few days ago. And the Governor had put that in the Bill. And I thought it was ingenious for this reason. There were some questions we had in committee yesterday about this being used politically to attack someone that, you know, whether a union put something on or a business group, but this way there would be real checks and balances. There would have to… it would have to be done correctly. And this way, if people are really clamoring for a recall and you… and the Representative or the Senator wouldn't sign- off, they'd also be accountable. So, I think it's an extra level of accountability on us and I also think it's… it's a check and balance on this being abused. And I had never thought of it. I thought it was pretty ingenious."

"It is an extraordinary remedy. And… and that's why we have 150 days to get this very large amount of signatures. I mean, it's… it's intentionally drafted this way because this is not a frivolous type of Motion. This is not something you want abused."

"You want this used in the most dire circumstances. And I firmly believe that if we would have it during the last administration, we would have used it. There's no doubt. Because you and I know…"

"…we both called for impeachment and we couldn't get any… we couldn't get it done."

"Until there was an indictment."

"So, I… I understand your concerns. I had them initially when I read the Bill. When I think about it though, I think it works. As I think there are the safeguards. Is it the perfect Bill? No. But I think it does what we need it to do and if we need to change it later, we can do it. But I really think that this will give the citizens the voice they so desperately need and don't have now."

"As is our wish as well. The Gentleman from Bond, Leader Stephens."

"I didn't get that memo, I don't know."

"Further discussion? The Gentleman from Cook, Representative Fritchey. Further discussion? The Gentleman from Winnebago, Representative Winters."

"He indicates that he will."

"There are about… there are 18 other states that presently have recall."

"Wisconsin… In our area, we have Wisconsin, Michigan, Minnesota, Kansas. New Jersey recently added as well."

"I had LRU do a whole thing on this. I'm not sure if it's just to the Governor."

"No, not off the top of my…"

"Right."

"No. No… no, they don't. Some of them don't, I just don't remember which ones."

"Yes."

"Right."

"It… it varies. It's about 50/50."

"Yeah."

"Yes, there are. And some of them the recall can be instituted through the Members of the General Assembly as well. I… I think that's probably where the Governor came up with the idea to have the Legislature, at least 20 House Members and 10 Senate Members. My understanding is…"

"We're checking, but I believe it's both Parties."

"Well, the com… no, the com… It was different. I mean, it's a combination what we're doing. And I believe in the other states where they have it, the… it's an either/ or. I don't believe it's a… it's a combination."

"Either the citizens or the Legislature."

"Ours… ours is a combination."

"I do… not at all. I would totally disagree with that."

"Totally disagree with that for this reason. Many of the questions we received in committee where people were worried that they would institute a recall provision because they were upset, for instance…"

"The Gentleman's time has expired. Can you bring your remarks to a close, Mr. Winters."

"Wait a second."

"Mr…"

"Mr. Winters…"

Speaker Mautino: "Thank you. Further discussion? The Gentleman from Cook, Representative Miller."

"Thank you, Mr. Speaker. Will the Sponsor yield? I have a question just regarding the… the list of 5 thousand voters, Jack, and wanted to sort of know the genesis of how did that… how was that number obtained?"

"I'm not sure what you're referring to when you say 5 thousand voters? We're talking about 15 percent of the voters who voted in the last…"

"No, no, no. No. Let me just maybe… I… I just wanted some clarification."

"Well, I think…"

"This is…"

"We're you asking about the fact that we need at least 100 signatures from at least 25 counties to show broad based support?"

"No, no. On our analysis it says here, election candidate petition."

"Oh, okay."

"That's what I'm trying to get at, Jack."

"It's the same number that we already have for established Parties."

"Okay. For… for… for a gubernatorial candidate?"

"Right. Correct."

"Okay. And my understanding when, is that if someone… the previous speaker had mentioned the Collins Commission." 09600065.doc 175  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Yeah."

"That all members of the Collins Commission did not uniformly decide on recall…"

"Correct."

"…in their report. Therefore, it wasn't addressed in their report because all of the committee members didn't agree with that, is my understanding."

"That's correct. The Collins Commission, and… and I appreciate their hard work and what they came up with, but the fact of the matter is it wasn't comprehensive. It didn't include, for instance, dealing with the boards and commissions. So, we passed that Bill earlier today, 1602, Senate Bill 1602. So, though they did good work, they certainly didn't address everything."

"Okay. And in terms of the 150 signatures, is that correct in each county?"

"The signatures would be… would be 15 percent of those voters in the last election. Plus, out of those, you'd need 100 signatures… excuse me, 100 signatures from at least 25 counties."

"At least 25 counties. Okay. And do you know… have a rough estimate of what those figures would be?"

"Well, let's assume that there was 5 million voters in the last gubernatorial election, 15 percent would be 750,000 signatures."

"Boy, you're good at math, aren't you? Thank you."

"Further questions? The Gentleman from Cook, Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. Will the Sponsor yield?" 09600065.doc 176  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"He indicates he will." Davis, W.: "As I was reading the analysis of the Resolution it speaks to the process by which someone can be removed, correct?"

"Correct." Davis, W.: "So, nowhere in the analysis does it really get into why you'd want to do something like this, does it?"

"Right. It doesn't. That's a very good question. And when we passed one last year as well, but we… we didn't require that because then I think people get bogged down. And the fact is, this is only going to happen if people are just absolutely fed up with what's going on and that's the only way you're going to get these signatures. So, the question is going to be, should the Governor be recalled? And I guess if we look at our recent past… and Governor Quinn when he came to our committee yesterday testified that he had gotten a few initiatives on the ballot and they took large amounts of… of signatures to get done and it was because of voters really being upset. And one of them he talked about was changing how Legislators are paid. It used to be that Legislators would get their entire pay for two years on the first day of Session. And then if they left halfway through or whatever or didn't show up, you know, they'd get this money. So, it took a lot there to make that happen. So, we… the question… I didn't want to get bogged down in putting a reason because then there'd be objections and it could be slowed down. The question is, should the Governor be recalled? Yes or no. I mean, people could come up with their own reasons. There might 09600065.doc 177  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 not be just one reason. I could have thought of at least five reasons for our previous administration, I'd hate to put just one on a… on a petition." Davis, W.: "But… but doesn't this kind of make it very subjective in some kind of way. I mean, you just stated yourself there could be numerous reasons why."

"Well, elections are subjective." Davis, W.: "But doesn't this just make it very subjective?"

"All elections are subjective." Davis, W.: "You know, hey, I just don't like that guy. So, maybe we should get rid of him."

"That's exactly what elections are. They're subjective. I mean, in a perfect world they'd be based on facts and on issues." Davis, W.: "But then… And we… and we have a… and we have a process by which elections happen."

"Right. And so would… and this, too." Davis, W.: "And every… at various intervals."

"And this would be the same type of process because it would be such a high threshold, unless there was absolute voter disgust. Unless the people really wanted a change, there's no way you're going to get 750 thousand signatures in 150 days." Davis, W.: "Now, you and I both know in the game of politics messages can be misconstrued, construed, twisted, what have you. It's… it's possible. So, does this open the door for somebody with a lot of money to put together a campaign to get rid of a Governor?" 09600065.doc 178  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"You have that right now. Anybody with a lot of money could pour it in against you if they want to knock you out in your next election or me or anybody else." Davis, W.: "Well, I… I'm clear on that. That they have an election cycle that should do it."

"Well, hopefully we'll pass… hopefully we'll pass real campaign finance reform and we won't have that problem anymore. But you wouldn't… you know, we were working on that yesterday. We… we voted, you know, with the Representative Osterman." Davis, W.: "Well, how does… how does campaign finance reform stop someone from bankrolling such an effort?"

"If we pass this Bill or any caps Bill, anyone who tried to finance this would be subject to the same caps because it would be… it would be part of our campaign finance. So, you're making a very strong argument to have campaign finance reform in this state. And hopefully, we'll pass that today." Davis, W.: "If at all… if at all possible. Again, I just had some challenges. And I know you said you don't want to bog the voters down, but to me this is when you'd want to try to educate them more. And to let them know more know about how this process or criteria by which… or I mean things like this can happen. So, that… that was just my concern, Representative. So, thank you very much for your time."

"No, I appreciate it."

"And now, no one else seeking recognition, Representative Franks to close." 09600065.doc 179  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Thank you, Speaker. And I… I appreciate the spirited debate and… and the drop in from Senator Durbin and the Governor. What a great time. I want to respond to some of the criticisms of this Bill. Is it a perfect Bill? Absolutely not. But to say that it's a sham, that's disingenuous and it's just a political attack. This may be the most important Bill we pass this year. This really is the nuclear option. This gives the citizens the rights that they do not have, the rights they so desperately need to keep our government honest and to take government back. We should have passed this a long time ago. This will make a huge difference in the future of politics in this state because whosever Governor will always know that the people will ultimately have a chance to hold that person accountable. Not just on Election Day, but every day. I encourage an 'aye' vote. It'll be the most important vote you make this year."

"The Gentleman has moved adoption of House Joint Resolution Constitutional Amendment 31. This requires 71 votes. All in favor vote 'yes'; opposed vote 'no'. The voting is open. Representative Davis. Representative Jackson. Representative Thapedi. Mr. Clerk, take the record. 109 voting 'yes', 6 voting 'no', 2 voting 'present', House Joint Resolution Constitutional Amendment 31, having received the Constitutional Majority, is hereby declared passed… adopted. Mr. Clerk… Mr. Clerk, on page 5 of the Calendar appears Senate Bill 2024. Read the Bill." 09600065.doc 180  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

Speaker Mautino: "The Gentleman from Cook, Representative Lang."

"Thank you, Mr. Speaker, Ladies and Gentlemen. We were debating this Bill previously when Representative Joyce asked me a question. Turns out, in our research, we discovered there are no new fees in this Bill. All they're doing is bringing other statutes in that talk about additional fees. But there are no new fees in this Bill whatsoever. And I would ask passage."

"The Gentleman has moved passage of Senate Bill 2024. No one seeking recognition, 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? Representative Burns, Representative Miller, do you wish to be recorded? Mr. Clerk, take the record. 104 voting 'yes', 12 voting 'no', 0 voting 'present', Senate Bill 2024, having received a Constitutional Majority, is hereby declared passed. On page 12 of the Calendar appears Senate Bill 1595. Read the Bill. One moment, please, Mr. Clerk. Representative Winters. Out of the record. Mr. Clerk, on page 12 of the Calendar appears Senate Bill 1595. Place that on the board. Representative Winters on a Motion."

Speaker Mautino: "The Gentleman from DuPage is seeking recognition, Representative Reboletti."

"He indicates he will."

Speaker Mautino: "No one seek… excuse me. Representative Burns, the Gentleman from Cook is seeking recognition."

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

"He indicates he will."

"There you go. How you doing Representative? The question I have for you is, I just want to make sure that the Body understands this, that under current policy the racing board interprets schools to mean elementary schools…"

"…and high school. K-12."

"So, all… so all your Bill does is codify the racing board's interpretation of the rule to mean that you can't have OTBs near K-12?"

"Okay. Thank you very much."

"The Gentleman has moved Senate… the passage of Senate Bill 1595. 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. 59 voting 'yes', 56 voting 'no', 1 voting 'present', Senate Bill 1595 is hereby declared lost. Representative Eddy."

"I believe that's a reloadable Motion."

"On Supplemental Calendar #1 is House Joint Resolution 65. Mr. Clerk, read the Resolution." 09600065.doc 183  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Representative McCarthy."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Floor Amendment #2 to House Joint Resolution 65 is a very technical Amendment that basically makes it clear that the business members and the labor members of the task force will be appointed by the Governor. We unfortunately left that out of the original draft. So, it just states in three different places these appointments are made by the Governor. So, I'd ask for the adoption of the Amendment."

Speaker Mautino: "The Gentleman moves adoption of Floor Amendment 2 to House Joint Resolution 65. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. The Amendment is adopted. McCarthy on the Resolution."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I'm proud to present House Joint Resolution 65. I'm proud of the bipartisan sponsorship we have. I thank the Republican side for its cooperation in getting this moving forward. This will set up the Pension Modernization Take Force, allow us to have hearings over the summer so that we can look at our pension systems and judge them as far as their validity and solvency going into the future. We're including groups from labor, we're including groups from business, we're including two Members of every caucus here, an extra person appointed by the Governor as chairman and also two members who are annuitants. There are no 09600065.doc 184  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 known opponents of this. Everybody studying this issue through our Pension Committee has admitted that it is time to really review the systems and see if any necessary changes should be made. So, I'd appreciate your favorable consideration."

"The Gentleman from Crawford, Representative Eddy."

"He indicates he will."

"I agree with you completely."

"I agree with you on that. We certainly are going to invite them and I will encourage their participation on the task force."

"Appreciate your support."

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

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

"He indicates he will."

"Representative, I was looking at the composition of the members of the task force. And my question to you is, does the NRA have a seat on the task force?"

"Not on my task force, no." 09600065.doc 186  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

Speaker Mautino: "The Gentleman from Jasper, Representative Reis."

"Indicates that he will."

"Well, actually, you know, we are part of SRS. So, we thought with the inclusion of the State Employees Retirement System, we'd be able to look at GARS and also the Judges Retirement System as well."

"Pardon me?"

"Oh, yes, we are. We definitely are. We… we consider that as part of the State Employees Retirement Systems since they oversee all three."

Speaker Mautino: "The Gentleman from Cook, Representative Miller."

"I just have a question for the Sponsor on the composition of the board… or the composition of the task force. Was there any consideration of having financial experts or anybody with a background dealing with… that would actually be on the task force?"

"Not as members, but we certainly are going to have access to them. We're going to be staffed by COGFA. And we've also plan on bringing in actuarial from the different pension system."

"And that would be from the… I assume, from the private sector, I think a previous speaker talked about. 'Cause I think if you're going to look at any particular pension system you've got to certainly compare it with public, private and all entities."

"We… we have that in the Resolution that we are going to look at the private sector and what's available in there compared to the public sector as well."

"Thank you."

"The Gentleman has moved adoption of House Joint Resolution 65. All in favor vote 'yes'; opposed vote 09600065.doc 188  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. 117 voting 'yes', 0 voting 'no', 0 voting 'present', House Joint Resolution 65, having received the Constitutional Majority, is adopted. Mr. Clerk, place House Joint Resolution 60 on the board. Representative Saviano."

"The Gentleman has moved adoption of House Joint Resolution 60. And on that question, 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. 117 voting 'yes', 0 voting 'no', 0 voting 'present', the Res… House Joint Resolution 60 is adopted. Representative Jerry Mitchell for the purposes of a Motion." Mitchell, J.: "Thank you, Mr. Speaker. I make the Motion to reconsider the vote on Senate Bill 1595. I voted on the… on the affirmative side… prevailing side." 09600065.doc 189  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"The Gentleman having voted on the prevailing side of Senate Bill 1595 and the question is, 'Shall we reconsider Senate Bill 1595… the vote by which Senate Bill 1595 The question is, 'Shall the House reconsider the vote on Senate Bill 1595?' And on the question, the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. 65 voting 'yes', 47 voting 'no', 0 voting 'present', the Motion carries. Now, Mr. Clerk, place Senate Bill 1595 on the board. Representative Winters."

"This is a Third Reading Roll Call. And the Gentleman from Vermilion, Representative Black is seeking recognition."

"It's on Third Reading and it would be both."

"He indicates that he will."

"The Gentleman has moved passage of Senate Bill 1595. This Bill is on Third Reading. 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. 61 voting 'yes', 56 voting 'no', 0 voting 'present', Senate Bill 1595, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on the Calendar appears Senate Bill… Mr. Clerk, on page 10 of the Calendar appears Senate Bill 1909. Read the Bill."

"The Gentleman from St. Clair, Representative Holbrook on Floor Amendment #3." 09600065.doc 195  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"I move to table Floor Amendment #3 and 4. And adopt #5 which becomes the Bill."

Speaker Mautino: "The Gentleman moves to withdraw is your Motion, Sir?"

"To withdraw."

"To withdraw Amendments 2 and 3?"

"No, 3 and 4."

"Excuse me. The Gentleman wishes to withdraw Amendment 3 and 4. Mr. Clerk, place Amendment 5 on the board. Representative Holbrook on Amendment #5."

"Number 5 becomes the Bill. I'd like to adopt this, move it to Third and debate the Bill."

"The Gentleman moves Floor Amendment #5 be adopted. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. The Amendment is adopted. Mr. Clerk, any further Amendments?"

"Third Reading. Read the Bill."

"Representative Holbrook."

"Thank you. Thank the Body, also. I know this has been a very long, drawn out program on this Senate Bill. Anytime you have change, people always are very cautious and should be when we're dealing with the public money. Senate Amendment #5 becomes the Bill and I believe has satisfied many of the concerns that were raised by local government, many of my fellow Legislator, maybe not all. I 09600065.doc 196  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 know Representative Hoffman now, I believe, is okay with the Bill in this fashion and so is Senator Haine. What it does, it uses star bonds. Star bonds are another economic tool the state will have to help economic development. In our area, we have a project coming onboard that does a $1.5 billion development. It will have over 10 thousand construction jobs and over 3200 permanent jobs. Their… the program we have set up for these star bonds is different than other states. It has much more transparency, a lot more accountability and a lot more of oversight and local input. It does not and I'll repeat that, does not restrict us to the only project. The director of Revenue has that option to allow that on other programs even within the market area. The Illinois Chamber of Commerce, the St. Louis… the Metro East Leadership Association, a business laborer group, the AFL-CIO, the SEIU, all our transit districts are in support of this, our park districts are in support of this and our levy district is in support of this. We've set in oversight on this program to where they cannot double-dip, you cannot overlay a TIF, you can't overlay an enterprise zone. I think this is a fabulous program and it sets extensive sets of public hearings on anytime a project is done and gives the state complete and total control on what and how can be approved for these bonds. There is no, and I'll repeat that, no obligation on the state for these bonds. They're privately held. So, if the… for some reason if the project does not make it for whatever reason, the state's not on the hook for anything, the private bondholders would be. I'd be glad to take any 09600065.doc 197  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 questions. I know this is a major change for Illinois, but this is tough times. We need jobs. Right now the county that this is going to go in is on the poverty watch list, Madison. And I'd be glad to take any questions and move for its passage."

"The Gentleman has moved passage of Senate Bill 1909. And on that, the Gentleman from Lake, Representative Sullivan."

"The Gentleman from Madison, Representative Hoffman."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise in support of… of Senate Bill 1909. And I had some initial trepidation. And as you probably know and you've received correspondence from me as well as Senator Haine and Representative Stephens and Senator McCarter, this is in our area. And there were some initial concerns regarding the impact that this Bill as it was introduced would have on surrounding communities, surrounding jobs, potential job creation in the entire area and the entire region. However, over the last 24 hours we have sat down and we worked very diligently with the Sponsor as well as the proponents of this project. And now this Bill provides for an impact study that will provide for an economic impact study to help reduce any negative potential impact on our area and the surrounding communities. In addition, it ensures that the Department of Revenue's director will be the ultimate arbiter as to whether or not these type of unprecedented incentives will move forward. Is this everything that the proponents would say that it is? I wouldn't say that. There are some issues about the policy 09600065.doc 199  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 and some concerns that I may have, but ultimately I believe that when this Bill as it is currently drafted would provide for the necessary safeguards to ensure that this project can move forward with a destination project, will bring jobs, economic development and be a pilot project that we can look at throughout the state to make sure that these type of star bond incentives can work. There are necessary impact studies and economic impact studies in the Bill; there is job creation in the Bill. And the Department of Revenue will be the ultimate determiner as to whether or not this is a good idea to move forward and whether or not it will have a positive impact on the state and the local communities. So, even though I had initial concerns, many of those concerns have been addressed. And I urge an 'aye' vote on Senate Bill 1909."

"Further discussion? The Gentleman from Bond, Leader Stephens."

"He indicates he will."

"Absolutely. Couple of the developers speaking to two people right now, two large entities that only have four units in the entire nation and they want to bring a fifth one to the St. Louis area. And we'd like to have it on the Illinois side of the river rather than see it in Missouri. This location is about seven miles from Missouri. And in the case of Kansas, over half of their sales were for out of state. We think this will be a huge 09600065.doc 200  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 draw within a huge market area. It's proved it throughout… at their other ones throughout the nation."

"No, it's not. The majority is… will be to try to make this a little more compatible with the area. They're going to be doing some retail… normal retail that you would see. I know in my area there are seven Target stores within seven… seven miles of each other on one of the local roads, Frank Scott Parkway. So, they may put a Target down there. What they've found through their research at the other locations is, the biggest problem with this is they needed people to stay there. So, there'll be some development… housing development around it. This is a massive project that is very environmentally friendly to prevent storm water issues because part of it is being reclaimed from the flood plain."

Speaker Mautino: "Further discussion? Representative Holbrook."

"Thank you, Representative Stephens. And… and I share those concerns, too and that's why there's a lot of the public meetings that we have set up and the economic studies are so extensive. And I hope, too, that that doesn't happens because that's one of the things I don't want to see. And I… I share your concerns. We love our area and we don't want to anything to go wrong. Thank you."

"Further discussion? Representative Dugan."

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

"He indicates that he will."

"Representative, is… are there any… when we look at the different economic tools like TIF that we have in… in many of our areas, I know it's a little bit different than the 09600065.doc 202  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 TIF, but TIF has some guidelines, not that they're not being abused I think at this point, but I mean where they have to be blighted areas. The reason for them is to help communities with economic development. Is there any kind of like regulations as to where these types of programs can be used like there is with TIF?"

"Yeah. Yeah, this provides for state oversight, where TIFs don’t have to. And we have drawn up on the star bond purposes. They're even more restrictive than TIFs are. So, yes, it's even more restrictive and there's full state oversight for it for the projects…"

"Okay."

"…for each project."

"Okay. And I… I also know that you said that there would be hearings. And I, too, have concerns about what it might do to the community surrounding it, but it said it had to have hearings before the state would agree to it. Is there… is that saying that if communities around a proposed star bond product, not necessarily your area, but since this can be used in other places in the state, would those regional hearings, if there was enough opposition, does… is there something that then says DCEO would not approve it?"

"DCEO… DCEO reports this back to the director of Revenue and he has full discretion whether or not to approve this project or not in each individual case. And these regional hearings are mandated under this program. And even the impact study has full discretion by DCEO and by Revenue on who can do that study, that it's qualified. 09600065.doc 203  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 And that when the local municipality provides that it's… they have full oversight on that report where they do even another hearing. Yes."

"Okay. And just one other question, if I could. Is there anything to prohibit one community or one of these star bond projects to develop and take a business away from another community? And I use, for example, in TIF districts we see it all over this state, one community sets up a TIF districts and takes a major retailer from the community that's right next door because, of course, they get a special break being in this new TIF. So, is there anything here… that certainly isn't your intent, I'm assuming?"

"Absolutely not. And in fact, we've strengthened the TIF language which says you can't relocate a business within 10 miles; we've changed that to 25 miles. And… for this area, to help protect the existing businesses, we've really done much more than even the TIFs do now. Plus, the Department of Revenue and DCEO has that as part of their hearing that they can take into account when any project comes in. And if they find that any project has come in that has not meet that criteria, then that money then is barred from the star bond revenue stream and isn't allowed to be used."

"Okay. Well, and I… I certainly thank you for your responses."

"Thank you."

"You've certainly have addressed I think some of the concerns we've had. I still have a little bit of a 09600065.doc 204  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 concern, but with some of these things you've told me today as we've talked about this, then I… I believe certainly anything we can do to bring jobs and help the economy kick start is something we need to do. So, thank… thank you for your work on this. And I, too, hope that this works the way that we all want it to. Thank you."

"Thank you."

"Ten Members seeking recognition. The next to speak will be the Gentleman from DuPage, Representative Fortner."

"Indicates he will."

"Under the Act now as… as it's written, besides the municipality having to approve it the Department of Revenue also has to approve it."

"Which TIFs don't even have to." 09600065.doc 205  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Yeah."

"I share that concern also and that's why we put some very restrictive language in there, even greater than TIFs on what they can even do with the money. They can't even do a… a vertical construction on these items. Unlike other states and unlike TIFs, we don’t even allow it. So, that should really be restrictive. Plus, again, the Department of Revenue has complete oversight before they issue them. And actually in… what has happened at the… this similar development in Kansas is they're paying the bonds off seven or eight years early."

"Yes."

"The Gentleman from Madison, Representative Beiser."

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

"Indicates that he will."

"Representative, you mentioned earlier the proximity that our districts have to the State of Missouri. Isn’t it your impression that if this type of project would not occur in the State of Illinois it would happen in Missouri?"

"Yes."

"You also mentioned earlier, jobs. The number of jobs this would create both in construction and in permanent. Talk a little bit briefly about how in our areas, your area, my area, Representative Hoffman, Representative Jackson, why it's… why those jobs are needed?" 09600065.doc 208  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Well, just recently our steel mill which is less than a couple of miles from here was idled and 2500 people were put out of work. That… we have a… a high poverty level and we have a high unemployment level. And as I mentioned earlier, the Heartland Institute, now is putting us on the watch list in Madison County for the poverty watch list. That's how serious it is."

"Thank you very much. To the Bill. Ladies and Gentlemen of the House, rarely have I seen such an effort of compromise and the ability to work with those that have raised concerns as I have in this case. I commend Representative Holbrook and all those who brought the concerns forward and the developers and everyone working together to try to find some common ground, recognizing the importance to the men and women in our area from organized labor, from business that are hurting because just of the economy and just things out of their control. So, I would urge all Members of this Body to vote favorably for this Senate Bill. And again, I commend the Sponsor for his efforts in this Bill."

"Further discussion? The Gentleman from Cook, Representative Dunkin."

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

"He indicates that he will."

"Representative, can you speak to us the minority and women business participation in the star bond project in this proposal for the university town center?"

"Yes, I can. The developer has signed off on probably the highest percentage minority participation of 09600065.doc 209  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 any project I've even seen in the Metro East. It's even higher than our state road projects. It's over… I believe it's 15 percent is the goal that they have there and we have signed memorandums of understanding on that also. And I commend you for being very active in bringing that to us."

"Thank you. To the Bill, I, too, Ladies and Gentlemen, support this legislation. Representative Holbrook has done his due diligence in speaking with the Black Caucus in particular. And he came up with an agreement that was… that is very…"

"I'd ask that the House give their attention to the speakers in this debate. The noise level is too loud. Mr. Dunkin."

"Again, I appreciate and really commend the Sponsor, both sponsors, Senator Clayborne over there in the other chamber in coming up with a major economic development program here in the State of Illinois. It's a… it's a great thing to know that in this economic climate you have a project that is taking place in one of the major portions of our state where economic development is needed. And a project of this magnitude with the high level of high- paying jobs and of the real intention to really even exceed expectations as it relates to minority participation. So, this is going to have tremendous economic impact in a number of ways for a number of years on a number of people in our state. And again, my hat goes off to you and to your community in working out this agreement and being 09600065.doc 210  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 committed to doing the right thing with putting Illinoisans back to work. Let's support this measure. Thank you."

Speaker Mautino: "Further discussion? The Gentleman from Vermilion, Representative Bill Black."

"These areas are… that are on the flood plain is what has made this property almost unmarketable. So, part of the…"

"…so, part of the thing is these will be brought out of the flood plain with massive retention programs for storm water control, which should aid our area in flooding in this area which floods. We think that a lot of this can be managed."

"Well, we feel by bringing it out of the flood plains, we'll be fine. We don't know there are wetlands in this area."

"Well, this has been protected…"

"…and never flooded.”

“Even during the flood of ‘93 it never flooded."

“Yeah.”

"Oh, I… right now there is a site that's eligible for this and there are probably some other sites eligible. But we would be more than willing at anytime, if there are projects for this, we'd be willing to come in and be able to make some changes for this. Let's… let's see how one works. Let's make sure that it works."

"Do a pilot program, yeah."

"We have several areas that are in the Bluffs area that probably could fit this criteria along the interstates."

"And by the way, it does allow further… the issuance of more than one. It's specific in the language on page… let me get the right page for you here… page 23, line… starting at line 23 through line 26. And I… it says, the director may approve additional star bond districts in the single projected market area provided that the director finds that the additional star bond district will not throughout the purpose of the Act. That's left up to the director's discretion."

"Well, again, there… there are several sites in our area. We're crisscrossed with interstates and have flood plain areas. And I… I can't answer. There may be areas in 09600065.doc 213  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 Peoria that meet this criteria or people… places in Rockford or… I… I don't know if Danville has an interstate or flood plains around the river? And again, this is a pilot program. This is going to be the first one. And…"

"…this type of language can be eased for anything that… other projects as they come forward."

"That was in response to demands of many of the people that were afraid this property would be flipped and the developer would just use this as a quick profit motive. That… that was put in at their request at many of the local and the regional folks wanting guarantees that the people that say what they're going to do there are going to do it."

"That was put in there for that."

"They just felt that it was very extreme to have a property owner to where he couldn't sell his property and since we were taking away the… the personal property rights because it was involved with this project it was… it was a 09600065.doc 214  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 pilot program. Yes, other… other areas of the state can do this. I mean, this… this can be revisited at anytime."

"Further discussion? The Lady from Cook, Representative Mulligan."

"He indicates that he will."

"Well, I'd like to address two issues. First to my friend Representative Black, sometimes star bonds have eminent domain in them. I wouldn't have eminent domain in this. I'm not going to take anyone's property if they're 09600065.doc 216  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 not willing sellers. It's going to be their property. Next, Representative Mulligan, on the last slip we didn't… time we heard this in committee no environmental group slipped against it. But I will tell you the developer has been working with the group… our environmental groups there and he's offered to continue to work with them and try to… I understand the local Sierra Club is neutral on this, even. I mean, we've meet with the people there. And I can tell you that this is a very environmental friendly project. There's a lot… a lot of green space tied to all of this and…"

"The municipality or county can issue the bonds, but they're… they are not any liability to the local government or to the state. They're to the bondholders alone."

"Well, overall there's going to be literally hundreds of millions of dollars in property tax, income tax and sales taxes just on the construction materials alone. The construction sales tax will be about $34 million."

"Because our existing economic tool for development just won't work on this massive of a scale. This is enormous."

"The… the bonds can only be used to develop the property, unlike a TIF that can do even vertical construction. So, is this property worth more after this? Probably. Because it's… as an economic development tool, it's eligible."

"This Bill's been moving for over three and a half months. And there have been continual meetings, both regionally and here in the state… the Statehouse on this and with all state departments. This has just taken so long to finally come to an agreement with the major… vast majority of the parties meeting their concerns and my concerns that this be a better Bill than what came from the Senate. So, this has been going on for several months and it's been… I think everyone has received a letter on it. It's been pretty open on what we're doing on this trying to meet those demands."

"The Lady's time has expired. I will allow the Gentleman to answer and then we will move to the next of the eight speakers remaining."

"To answer Representative Mulligan's question, the political subdivision, city or county, would sell the bonds and the bondholders would be responsible, not the municipality."

Speaker Mautino: "Our next speaker is the Gentleman from Jasper, Representative Reis."

"He indicates he will." 09600065.doc 219  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"The feasibility and impact studies, is that what you're addressing, for the projects?"

"Yes. There cannot be a star bond issued or a project approved without DCEO and the Department of Revenue approving… having the hearings and having the regional and local hearings and the… and reporting back to the state on these issues for each of these projects, yes."

"It'll be the director's decision, both at DCEO and Department of Revenue. Department of Revenue will do it in consulting with them. And there'll be a full and open process of the hearings with transparency and accountability."

"Well, that's just a… a development authority that is used to help finance some programs. They get them a little lower interest rate and they work with them. I don't…" 09600065.doc 220  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Well, this deals with the incentive that compared to a TIF or an enterprise zone, which we're not allowing to overlay on this STAR bond district. So, they're… they're just an entity that can help issue bonds and they're… that was one of the many hearings we had. They said, we would like to be a part of this if we can. We're not sure we can, but at least allow us the opportunity. And again, this is a very active group that helps develop projects in our area throughout the Metro East and it has an appointed board and they've been around for quite awhile and have done a lot of good work." Reis: Well, I guess what… you have TIF districts now, we have enterprise zones, you have the south… SWIDA. What will this area have over and above that that would be such a great incentive for these businesses to move in?"

"Well, again, if we create the STAR bond district we do not allow an overlay of a TIF. So, the developer can't get a second dip. We don't allow an enterprise zone to give them a second dip at benefits. So, really the STAR bonds will be the incentive in that area."

"Act… actually, just the opposite is true is what happened in Kansas City. What turned out was, with this as a magnet that drew things in everything for 15, 20 miles around them developed, expanded and it was a huge economic engine for bringing new… new development to this entire region. And that's what the Kansas audit showed. In fact, they were… they showed this as being a valuable tool when they used this for the Kansas City project for the entire county and the state."

"Further discussion? The Lady from Lake, Representative May. Here she is, the Lady from Lake, Representative May."

"Thank you. Will the Sponsor yield?"

"He indicates he will."

"Yes. First of all, I… I just want to state I am open to the idea of creative financing. Who owns this land?"

"Several… there are several private owners now and it's under control through contracts to a major developer."

"And are those owners known or is it some sort of a blind trust?"

"It's a LLC, a corporate entity."

"Are the owners known?"

"Yes. They fully vetted their interest and did that over…"

"Okay."

"…in the Senate. I saw letters out to several Senators over there about people involved in the development." 09600065.doc 223  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Okay. Thank you. I… I want to address something that came up. You said that part of it is being reclaimed flood plain. How do you reclaim flood plain? Flood plain means that it floods and you shouldn't build on it."

"This area has not flooded in the last 100 years that I know of, or 200…"

"But it's still…"

"…even during the major flood. There are levies that protect it. In fact, one of the taxes they're going to be paying into is to maintain those levies and we exempted that tax."

"And this is… you know, this is not in my area of the state, but I've got a lot of relatives who live down there who have a lot of flooding problems."

"They're on the high ground."

"You do have the Storm Water Management Authority in your area?"

"Yes."

"Is that correct?"

"Yes."

"Will… will the Storm Water Management Authority have to review any flood mitigation efforts for this project."

"It in the core, if it's involved they'll meet the letter of the law and go beyond it to make sure this is an environmental friendly project. And the levy districts that do… that are part of this are in full support."

"But will the Storm Water Management Authority review the impact of this and where you're building and anything additional?" 09600065.doc 224  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"It's part of their mandate."

"Okay. So, it's local and it won't be through DNR or anything. Now, we talked about wetlands, too. You weren't sure there, if there were wetlands as part of this flood plain?"

"I don't know if there is. I mean, it's mainly horseradish fields and corn fields. I mean, it just… that's about all that's there. There's a, I think, a gas station and landscaping outfit, but you know the… I think the part that's down in Representative Beiser's area, down by where the… 270 and 111 come together, they farm it constantly. I don't know there's wetlands there. I don't… I mean, they plow all of it… 99 percent of this is plowed and put into horseradish and corn."

"And how… how many acres is this total project?"

"Nine hundred, I believe."

"Nine hundred? So about 300 are in the flood plain?"

"I would assume that, if it's about a third."

"That's, I mean, that's just… it's really…"

"And again, flood plain that has never flooded in my lifetime. Even during the flood it didn't flood. They're protected by levies."

"And the… as part of this star bond project they are going to give extra moneys to the levies so that we don't have levy breakage and all or they will be being into that?"

"This… this will enhance the quarter cent tax fee down there. This will be a… hopefully a windfall that will help them meet these issues, yes."

"Mmm mmm. Okay." 09600065.doc 225  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"As we've exempted that tax and this… all the sales from this will go to it. Plus, all sales tax that's been raised in this area before the few little businesses are there, that's hold harmless. They get that anyway. And the rest will be in addition to it, yes."

"Okay. Thank you for your clarification."

"Thank you."

"The Gentleman from Iroquois, Representative Cultra."

"He indicates he will."

"STAR is an acronym for Sales Tax Revenue."

"They will buy the bonds. They're going to be the people that buy the bonds. In the cases of Kansas City, the people building the facilities bought their own bonds."

"It would… it would be just like any other public bonding done where it's privately held bonds, Representative."

"The sales tax revenue is given back. The… the additional sales tax that's raised above what was generated there before this went in." 09600065.doc 226  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Correct. Just like TIFs use property taxes to retire the bonds."

"That's exactly what this is allowed for, even though more restrictive than a TIF. We've put more restrictions on them than what a TIF can do even."

"No. Vertical construction, unlike a TIF, is banned under this Bill."

"The… the roads, the sewers, the storm water mitigation, those things will be the type of things that would be done similar to a TIF. But they will not be able to do all the functions a TIF do 'cause we've restricted them."

"No. One minute. On page 17, line item (i), the cost of construction of buildings that are privately owned or owned by a municipality on lease to the developer or retailer used for nonentertainment retail uses. So, it's much more restrictive than a TIF." 09600065.doc 227  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Yes. That… to develop the property. I mean, they may have to run a water line in like a TIF does or they may have to run sewers or they may have to pave a parking lot, but just like a TIF they can do those type of things."

"They could go up to 35 years if the Department of Revenue approves it but the initial is… 35 maximum is the cap. There could be less than that."

"I… I couldn't hear you. I'm sorry."

"What they put in…"

"They have to have at least $300 million to even be eligible. And this project's estimated at 1.5 billion."

"It would include all the improvements on the property including all the private construction. And again, the minimum for each of these projects, this may be 09600065.doc 228  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 done in phases, is a minimum of $300 million in new construction. So, I mean, that would mean like them coming in and building that big of a building."

"The Gentleman's time has expired. Please bring your remarks to a close. Mr. Cultra."

"I'd like to answer the Representative's question."

"It would be like any other development right now. Some of it may be private, it's like in their parking lots and in front of their buildings. Some of the municipality may decide to take over. It would be up to the master development plan which is allowed for review by DCEO and by the Department of Revenue, but that would be something that most likely the municipality, just like any other development, would decide which… which roads they want and which ones they don't."

"Some… some of it could be like that. But I don't believe that's the case even on a TIF where public money is used to, you know, pave a parking lot in front of a Target."

Speaker Mautino: "Further questions? The Gentleman from McHenry, Representative Tryon."

"Feedback."

"He says he will."

"The bondholders are responsible. If for some reason this project doesn’t make it, it's the bondholders that are left holding the debt."

"Further discussion? The Lady from Cook, Representative Nekritz."

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

"He indicates that he will."

"Representative, it's a requirement in this legislation that the property be in a 100 year flood plain, right?"

"Correct. Thirty percent… 30 percent of it."

"And how are we going to… how are we going to… build that up so that it doesn't flood?"

"Well, right now, the elevation difference is… in putting it in a flood plain runs from a few inches to a maximum in the one corner, a very small portion of it, of 3 feet. It's… it doesn't take many walking paths and lakes to make up that extra difference. And again, this is the flood plain that has not flooded in 200… 100, 200 years, my lifetime cause they're protected by levies. We would…"

"And I… and I have to tell you, Representative, that my district had never flooded until 1986 and since then we've probably had five or six 100-year floods. So, it's… when… when you start building, it will, believe you me, it will come. I mean and I think that that's a real concern because we spend tens of millions of dollars not only of government money, but of private money addressing these flooding concerns and doing not only remediation, but when the… when my district goes under water, it costs everybody 09600065.doc 232  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 a lot of money. So, I think it's a, you know, it's just… it seems crazy to me that we would… that we would proactively require that… that a project be built in a 100- year flood plain and then… and then go ahead and build there with no… with… and I'm not sure what, you know, I'm not sure that I understood your discussion of the remediation."

"Well, I will tell you the developer will work with any and all people, but our levy districts, our storm water people are in support of this Bill because they see this as a positive to have retention areas and have this type of green space that will be an asset to them to prevent the flooding. And again, we had a 500-year flood back in '93 and none of this got wet. It didn't get wet then. I don't say it'll never… You know, there's acts of God, I… you know, He's in charge, but most of this property is just at the most 3 feet below the flood plain. Most of it's a matter of inches."

"Well, I understand, Representative, but it's just… I… just from, you know, the… the flooding that I see every… at least two or three times a year in my area, those inches do make a difference. And when you're… when you're building, and I would assume that this is going to continue to… that this will foster additional development, you know, not addressing that issue up front and having a plan for it I think is… is really problematic. Thank you."

"Our final speaker this evening will be the Gentleman from Williamson, Representative Bradley."

"I can't move the previous question then, right?" 09600065.doc 233  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Go right ahead."

"Actually, I stand in strong support of this Bill. The Sponsor of this Bill has worked diligently with many different groups to try to work out issues on this. I've been involved in many of these discussions and negotiations. There's been a good faith effort to address as many problems as possible. This passed out of the Revenue Committee. I strongly supported it then. As Representative before me, whose name I won't mention, said, this is another tool for the State of Illinois and in at a time when we need to be giving our communities tools for economic development this is a tool for economic development. And the fact that others states had this and we don’t, just means that we're going into this with one arm tied behind our back. So, let's do something. If this works, there'll be other opportunities in other parts of the state to do the same thing. And so let's not cut our noses off despite our faces in this particular case. Let's support the Representative, let's support this. Let's see if it works and if it does, let's do this in other areas, other border areas, throughout the State of Illinois."

"Representative Holbrook to close."

"Thank you, Speaker. This is a good project. This is a good start for us here in Illinois. It's economic rough times right now. This is 10 thousand construction jobs, 3 thousand permanent jobs. It's… it's a net gain to the state for revenue. This is something we have to do. We have to make jobs in our state to keep all the people 09600065.doc 234  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 working. We've made this the most restrictive and fiscal responsible STAR program in the nation. Vote 'aye'."

"The Gentleman has moved passage of Senate Bill 1909. And 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… Does Representative Davis wish to be recorded? Mr. Clerk, take the record. This Bill, having received 78 'yes', 39 'no', 0 voting 'present', Senate Bill 1909, having received the Constitutional Majority, is hereby declared passed. The Gentleman from Bond, Representative Stephens is seeking recognition."

"Representative Stephens."

"Actually, I was just about to say that. Mr. Clerk."

"Mr. Clerk, place House Bill 2491 up on the board. The Gentleman from Fulton, Representative Smith, for a Motion."

"Thank you, Mr. Speaker. I move to nonconcur with Senate Amendment #1 to House Bill 2491."

"The Gentleman moves the House nonconcur with Senate Amendment #1 to House Bill 2491. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. And the House nonconcurs in Senate Amendment #1 to House Bill 2491. Mr. Clerk, place Senate Bill 932 on the board. Senate Bill 932. Read the Bill."

Speaker Mautino: "The Gentleman from Cook, Representative Fritchey."

"Thank you, Speaker, for the acquiescence in calling this Bill. Ladies and Gentlemen, oftentimes good laws come from bad situations. Some time ago there was a situation up in the northern suburbs in Representative Mulligan's district, actually. And before I continue, let me thank Representative Mulligan for her assistance and cooperation with this. But we had a situation where an individual's child… autistic child was left on a school bus toward the end of the day and that bus driver then went to the Dollar Store to go do shopping. And there was no way to track that bus down or that bus driver down, in turn, no way to track that child down. This legislation comes after negotiation out of the Senate. What it does simply is, prohibits school bus drivers from using cell phones at 09600065.doc 236  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 anytime while they're in possession of the bus. Now, the law already is that they cannot use a cell phone while they're operating the bus. There's obviously exceptions in here for medical or mechanical emergencies, but what the Bill does is more important. It requires that there be a working two-way radio on these buses for a very commonsense reason. We want to be able to track down a bus or a bus driver if need be. We want that bus or bus… that bus driver to be able to call in to dispatch should there be a problem with that bus. And it also requires them to do an end of run inspection. Walk through the bus, make sure you're not inadvertently leaving a student on the bus. This is a safety issue. We think it's good common sense; we think it's good policy. We've seen some near tragic stories happen in the past and we're simply trying to avoid that. We know of no opposition to this Bill. I'd ask your favorable consideration for some commonsense legislation. Thank you."

"The Gentleman moves passage of Senate Bill 932. And on that, the Gentleman from Madison, Representative Beiser is seeking recognition."

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

"He indicates that he will."

"John, you mentioned that there was a… added a requirement on a two-way radio. That is in addition to what it… already required of a school bus driver, is that correctly? As far as pre… the pre-use of that bus for that particular period?"

"That… that… that's correct." 09600065.doc 237  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Well, Ladies and Gentlemen, to the Bill. When I was a school teacher, albeit at a small school, we had to wear many hats. And one of those that all of us that taught at this facility we had to drive a small school bus for the students in that area. Let me reiterate that this Bill strengthens those requirements. We were not allowed to take that bus out if we had not performed a pre… predrive inspection. This adds the post inspection; it adds two-way radio. I think for too long school bus safety was kind of put on the back burner and thought as something that was not necessary, at the very least, it wasn't a priority. I commend the Sponsor for bringing this to us. And I know for a firsthand how important this is and how much good it can do. So, I commend the Sponsor for bringing it to our attention. And I urge everyone to vote 'aye'."

"Further discussion? The Gentleman from Bond, Leader Stephens."

"Yes, he will."

"Two… just radios capable of two-way communication."

"Well, I mean, we… we could have them Twitter. I just don't know if that would accomplish the same thing."

"Well, I don't… the… the idea…"

"No. And I don't mean to make light of it and I respect the question. The idea here is to make sure that we have a means of communication between dispatch and the vehicle itself. While you… some may say, well, a cell phone would seem to accomplish that. Except that the drivers may not have their cell phone, may not have a cell phone, may not have a cell phone on. We want something that will provide constant communication between the bus and dispatch to avoid these types of situations."

"Well, the… you know, these buses are usually taken out of the bus barn or the bus shelter at the beginning of the day and you know there's a pre-route inspection. They go through the bus making sure things are working, make sure the radio is working. And they would go out and they'd take those buses back at… at the end of the day. But you're going to… you're going to have basically a central command that's in charge of the buses, knowing where those buses are, knowing that they're operating, knowing that they've been brought in at the end of the day."

"Representative, I'm… I'm not…"

"I'm not going to speak to every school district. All the ones that I am aware of have a situation where the buses are, in fact, coming out of a cen… out of a central area."

"They… oftentimes they don't. That… that's the issue. In the… in the story that I told you about at the beginning of this, the… the concern was that at the end of the shift the bus driver went to go shopping. And I'm sure she did not go to go shopping with any malice. She did not intentionally, as far as I could believe, leave a child on the bus."

"But nobody could find the driver, nobody could find the bus, which is an avoidable situation."

"Well, no. I'm… I'm… we're talking… I would envision a two-way radio, like actually we probably used to see when we were younger, a two-way radio actually mounted as part of the vehicle. And you know…"

"Well, number one, that… that would… that would hopefully be thwarted by the other part of this legislation which is at the end of her route she is supposed to do a pre… or, you know, a postroute inspection to make sure that there are no children left on the bus. Right now, school 09600065.doc 240  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 districts in Illinois are required to maintain a policy ensuring that no passengers are left behind on the bus. This Bill expands the policy that the driver walk to the rear of the bus before leaving the bus at the end of route or shift. So, it would seem to think that the best way to enforce a policy that you haven't left a child on the bus is to actually have that driver do nothing more than walk to the back of the bus, look in the rows of seats, make sure there's not a child on the bus."

"Well, there… there would be no state appropriation here. With all due respect, I think your cost figures are 09600065.doc 241  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 askew. I think you're looking at a cost of an additional two-way radio as may being under a couple hundred dollars and probably no more for a base radio as well. And I… I don't mean to…"

"Representative Stephens, let… let… let me say it this way, and I… and I know that you're… the issues that you raise are sincere ones. My statement…"

"The Gentleman's time has expired. You may go ahead and complete your answer."

"Thank you and I appreciate Representative Stephens questions. Will there be a cost associated here? Sure, there will. But I will say, as a father as well as a Legislator, I think that it is a deminimis cost and a very reasonable cost for us to bear… for the school districts to bear to protect the safety and well-being of either one child or a bus load of children to make sure that they can be contacted, located in case of emergency. This is something that we think is tailored well to not address a speculative situation, but something that has happened on numerous occasions and will unfortunately happen again, absent these actions."

"Our next speaker is Representative Bassi."

"He indicates that he will."

"The… the… the driver of the bus went shopping…"

"Out of the bus."

"On the bus. So, had that driver performed a post route inspection, the driver would have seen the child on the bus."

"It… the… the… the present… the present directions are that districts are required to maintain a policy. So, what we are simply saying to do then…"

"Part of that… part of that…"

"What we are trying to say is that that policy should include the driver walking to the back… the driver may very well followed the policy. What we are saying is that the policy is insufficiently clear. It should be clarified to say…"

"…that to ensure that no passengers are left on the bus, walk to the back of the bus and back." 09600065.doc 243  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"The major… first of all, this one story is about one child and this one story is not an isolation."

"Additionally, a large number of the school buses that you referenced are not owned by school districts, they're owned by private companies. And a private company will bear this and private companies in my opinion will gladly bear this because… because they… because…"

"…if I may finish."

"Because a private company would much rather incur a few hundred dollars to safeguard the well-being of the kids than incur the defense of just simply one lawsuit for not doing it."

"Yes, Representative… Representative, I believe they open themselves up for negligence suit…"

"…if they leave the child on the bus."

"Representatives, I would ask that you speak one at a time so we may hear your discussion."

"Rep… Representative, let me point out that the School Transportation Alliance is actually a proponent of this legislation."

"That they… the School Transportation Alliance would actually likely be the folks that are bearing this unfunded mandate that they believe is a worthwhile cost here to protect these kids. Representative, there may be a legitimate difference of opinion as to whether or not this is…"

"…the money. If I… if I… Representative, can I finish? I let you finish, I'd ask for simply the same."

"There may… there may be a difference of opinion as to whether this cost is worth safeguarding the life of a child. It's worth the cost to safeguard the life of mine, I think any parent feels the same way. The School Transportation Alliance supports the legislation. The idea of having a two-way radio or having the bus check, it's not simply a school policy that they have to see that the bus is empty, it's also having that two-way radio. If you have a driver with a problem on a bus and that driver doesn't have a cell phone, they have no way of calling in to say, we have a medical emergency, we were in an accident, whatever that may be. These drivers are not required to carry cell phones. In fact, they're required not to use them while they operate the bus. Having a means of communication… my gosh, when I was on a school bus a whole lot of years ago, the drivers has radios on the bus way back then in case there was ever a problem."

Speaker Mautino: "Our next speaker will be Representative Tracy."

"Indicates that he will."

"I… I… I believe that having a two-way radio would have been able to give the… the bus company the ability to communicate with that driver either before she left to go on her personal errand or immediately when she got back. There… there was a significant search going underway for a missing autistic child, a school bus and a school bus driver, none of which could be found without communications to reach them. The initial form of this legislation, which I thought was a good idea, too, actually looked at having GPS units on these buses. That may be, well, cost prohibitive and doesn't provide the ability for bus drivers to communicate outward as we like to do, too. This isn't simply about the missing child on the bus, that was the genesis of this."

"But… it's about… it's about providing a mechanism for communication between bus drivers and a central communication system."

"I apologize, Representative."

"Well, if you go…"

"…if… if you are going… if you are going to have a two-way system they're going to provide that you're actually communicating with somebody. So, the… the… the bus company that owns the buses is going to have a dispatch or whether it's a school district, they're going to have a dispatch. These buses presently are dispatched on a centralized system. They're not all out here freelancing. I'm not being facetious. So, there is a coordinated system for controlling school buses right now in every school district. This simply says we should be able to communicate with those buses in case of emergencies or needing to notify the buses about something. Another example being, a bus heading to a school where there's an emergency situation at that school and they say, no, don't bring the bus in there's been a problem at the school. Do not come in. We're going to give you a change of plans."

"Man… many of them already do."

"Those… those are… those are the ones that are being proactive and recognizing this would be a good policy on their own."

"No, Ma'am."

"No, Ma'am."

"Under… understood and I… we hit numbers which are not objective pegging the cost of a two-way radio about $300. I think it's lower than that, but I'm not going to say that 300 is unreasonable."

"I've got to tell you what, putting a $500 price tag on a busload of buses carrying 50 kids that's about $10 a child and a one-time expense."

"Again, the Transportation Alliance that oversees most of these buses supports this legislation as being the right policy. That's the best I can tell you coming from the industry experts."

"Well, but…"

"…but here… here's what could have happened as well. With a two-way radio that driver's got to be on that bus to be reachable. With her cell phone, she may feel she can go… he or she, in this case it was a she, could go feel that she could be wherever and still be reachable and off the bus. If she had a two-way radio and knew that she was responsible, she would have come right back in. And had she not come right back in, as she did not in this case, one call on the radio would have been, you know, bus #12 where are you? And if she knows she's subject to getting that call, she's not making a detour. And again, I can give you a litany of reasons why it makes good public policy sense to have bus drivers be able to communicate with a central dispatch and why… and why it's good to be able to reach these buses and bus drivers wherever they can be. A two-way radio gives you that flexibility that a cell phone doesn't. I understand your objection to it, I believe that is a cost that is well worth bearing for these companies. And they do as well."

"The Lady's time has expired. I'll give you one minute to address the Bill."

Speaker Mautino: "The Lady's time has expired. Our next speaker will be Representative John Bradley. We have ten people seeking recognition. Our next speaker will be Representative Bradley. Sir, you will have the opportunity to address these in your close. Your time has expired. Representative Bradley."

"Representative Fritchey, I've got a couple of technical questions about this Bill. And I know what you're trying to do here. But what about the situation 09600065.doc 251  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 where you have like a school charter where you're taking kids to a ball game and so technically the way this law is written, you're taking them to a ball game, you haven't returned possession of the school bus back to the school depot or however it goes. You're going to have two or three hours there layover, you wouldn't be able to use a cell phone technically under this. Also, you know if somebody got lost in that scenario where they pull over and say, hey, I'm lost, I need to make a call. It's not provided for under your language. So, I think you need to go… I think you need to look at that technically."

"Oh, no. Emergencies are already provided for under existing law."

"Well, I don't know that…"

"Well, being… being… being lost I think would fall under that regulation. No, nobody's ever…"

"But it's…"

"…we're not… but John, we're not changing that portion of the existing statute."

"But… but you are. When you… when you… when you go from operation of a school bus to possession of school bus, so the way I read the law that would entail somebody's got a charter, they're taking a basketball team to another town. The bus driver goes and picks up the school bus, okay. There's an hour trip to the other community. The ball game lasts two hours, three hours. Then there's an hour trip home. The school bus operator would not be able to use a cell phone during the entire period of time because he has not returned the school bus back to the 09600065.doc 252  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 school bus place. That's the way the law reads. Couldn't call home and say, hey, tell their husband that they're, you know, made it there or whatever. Couldn't call home and tell their wife or kids, hey, we're going to be such and such time. That's the way… because I see what you did, you tried to jam it in there and I understand that, but the way it's written it's the possession of the school bus. And that would include the entire time until you take it back. And so the entire time of the ballgame, entire time of a school trip… field trip, we go to the Field Museum, kids come up, right? They drop them off at the Field Museum, drop them off at Shedd's Aquarium. School bus driver cannot use a cell phone the entire time they were in the City of Chicago."

"I… I disagree with your interpretation."

"Well, that's… it's what it says. You're… you're counselor is nodding, too, I think. Can you suspend my time while he confers with Representative Eddy?"

"No."

"So, anyway, I… I think there's problems with that, John. I think it needs to be fixed."

"Further discussion? Mr. Bradley, did you have further questions or are you just waiting on the answer?"

"No, he won't answer them, so I have no others."

"And we'll get you that answer by the close, hopefully. You'll have plenty of time. Eight people seeking recognition, Representative Mulligan."

"To the Bill."

Speaker Mautino: "The Gentleman from Fulton, Representative Smith is seeking recognition."

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

Speaker Mautino: "The Gentleman has moved the previous question. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. Question's been put. Representative Fritchey to close."

"Thank… thank you, Speaker, Members of the Body. I… I appreciate Rosemary…"

"The question has… the question has been put. Representative Fritchey to…

"Mr. Speaker, I vote… Representative, why don't you let me finish? I've always welcomed a full and fair debate. I'd love to hear what you all have to hear… what you have to say." 09600065.doc 256  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"The… at the request of the Sponsor, we will allow debate. Representative Black, the Gentleman from Vermilion. Yes, Sir."

Speaker Mautino: "In the opinion of the Chair, the Motion passed."

"I have always treated you fairly."

"In my opinion, it had passed. However, the Gentleman has said he would like to reopen the debate and allow the… at the request of the Sponsor. In the opinion of the Chair, the Motion had passed. Representative Fritchey, would you like to continue?" 09600065.doc 257  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Mr. Speaker, as always, I'll defer to the Chair, I'll defer to the will of the Body."

Speaker Mautino: "The Gentleman from Jasper, Representative Reis."

"State your point."

"Mr. Reis, are you addressing the Bill or your personal privilege?"

"State your point."

"Now, to the Bill."

"The bus driver…"

"…the bus driver that understands the law, he will not take that bus out to start with nor would the school bus company providing buses without the required radios."

"Repeat the question, please?"

"Well, because now… because… if… if… if I were to have proposed that or the Senate were to have proposed that, then you would have been questioning me as to why school districts would be on the hook if a private bus company did not have radios on the bus. The obligation here… the obligation when that bus goes out is on the school bus driver. The obligation for safe operation of the bus, the obligation for getting that bus to and from where it's supposed to be, the obligation for making sure that there's no kids left on the bus. Those onuses are already all on the bus driver, today."

"The Bill would become… the Bill would take effect upon becoming law."

"I find it hard to believe that it would take a year or even two months to put radios on to the buses."

"Again, Representative, all of the interested stakeholders were involved in the negotiations and revisions of this Bill on the Senate side and were all satisfied with the final product, which is why there were no objections to the Bill in the Senate or House."

"This… this does provide for operable radios. Representative, I'd like to do this for one reason and one reason only… if I can finish. A committee schedule has been distributed. In… in the interest of time right now and the fact that we have to go to committees and come back here tonight and out of deference to the schedule of the Body right now, I want to take this out of the record to allow us to go to committees and then continue with the work of the Body, Speaker."

"Mr. Clerk, at the request of the Sponsor take the Bill out of the record. Representative Osmond."

"How long will you need?" 09600065.doc 260  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Mr. Clerk… Mr. Clerk."

"Members of the House, Republicans will be in caucus, then we'll go to committee and we will return to the House Floor at… at 9:45 p.m. The House will recess to 9:45 p.m."

"The House shall come to order. The Chair recognizes the Clerk."

"The Chair recognizes Mr. Franks on Senate Bill 1609. Mr. Franks. And Mr. Clerk, what is the status of the Bill?"

"Mr. Clerk, Agreed Resolutions." 09600065.doc 263  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Representative Currie moves the adoption of the Agreed Resolutions. You've all heard the Motion. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The Agreed Resolutions are adopted. Mr. Clerk."

"Mr. Franks on Senate Bill 1609. Again, Mr. Clerk, what's the status of the Bill?"

"Mr. Franks on the Amendment."

"Thank you, Mr. Speaker. House Floor Amendment 2 would be… would become the Bill. And we just left Executive Committee. And what I explained to the committee then, for those of you that are saying or have said that we should run government more like a business, this is your Bill. This is an excellent opportunity for the State of Illinois to take advantage of the historical low levels of our interest rates. We have never had interest rates at this… at this level. What this Bill will do, will actually shorten the debt time for our bonds for… by 10 years. And will take advantage of the rates that are anywhere from .55 basis points to .89 basis points below what we're paying now. This will authorize the state to issue $2 billion in refunding bonds. And in the first year it's estimated that we will save the state $607 million and over the 16-year time of these bonds, the state will have a savings of $237 million. There's more flexibility for the principal 09600065.doc 265  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 payments and it also allows for a negotiated process, which we haven't had. I'd be happy to answer any questions."

"The Gentleman has moved for the passage of the Bill. The Chair recognizes Mr. Eddy."

"Mr. Franks, did you wish to move for the adoption of the Amendment?"

"Yes. Yes, Mr. Speaker."

"All right. Mr. Franks moves for the adoption of the Amendment. Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Mr. Clerk, are there any further Amendments?"

"Put the Bill on the Order of Third Reading. And read the Bill for a third time."

"Mr. Franks."

"Thank you, Mr. Speaker. You've heard the description of the Bill. I'd be happy to answer any questions."

"Mr. Eddy."

"Sponsor yields."

"The current rate, we're paying between 5 to 5.3 percent on the General Obligation Bonds. Now, on the Build Illinois Bonds there's a much greater difference. The… the current rates are between 3 all the way as high as 7.4 percent."

"We're looking at a… at a percentage rate of 4 percent."

"That we've the ability to bond $2 billion."

"Right."

"That's correct. And we have savings in the first two years and approximately the last seven years as well. So, there'll be savings both in the front and also at the end."

"And also, Mr. Eddy, we'll also cut 10 years off the life of these loans."

"There's two… there's two separate funds. There's the General Obligation Bonds and then the second individual bonds are the Build Illinois Bonds."

"Sure."

"Yeah. Right… right now, the current GO Capital Debt Service for the fiscal year 2009, I'm sorry 2010, the principal payment is 589, the interest is 559 for a total debt service of $1,149,000,000. The impact of the restructuring next year just on the GO Bonds would be reducing the principal payment, we'd save 431 million there, in interest of 44 million as well for a total of $475,000,000 just on the GO. Now, on the Build Illinois debt service we're… for 2010 fiscal year, the total debt service would be $273 million, but our savings projected next year would be $132 million."

"Yeah. Well, I… we're double A rated. And that's what we're basing this on. I think it will put us on a much firmer financial ground with the bond houses as well because our… our debt service will fall for the next few years as our anticipated revenue falls as well. I think it's a very sound fiscal maneuver. And one that we really should have been looking at previously."

"But I think this is also a unique opportunity if you look at the Treasury Bond returns right now."

"Correct."

"Representative Mulligan."

"Sponsor yields."

"Where did they get those rates?"

"On the bond markets. I mean, we're going to… we would have to… to float these bonds to do it now. And… and if you've seen the inversion in the bond market lately I have never seen these in my lifetime."

"The way they…"

"No."

"No. Our bond rating is double A right now."

"It's not predicated on any… on any income tax increase." 09600065.doc 269  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Right."

"No, Ma'am."

"It'd be shorter length of time because we're looking… the way we've written the Bill, we'd have to pay them back within 16 years. And we would shorten the bond time by 10 years."

"Yeah, that's still there. We haven't changed anything. That law has been changed because of the abuses of the prior administration. So, all those procedural safeguards are still maintained."

"Yes, Ma'am."

"Mr. Franks to close."

"Thank you. I appreciate the informed questions. Ladies and Gentlemen, this Bill will help go a long way towards filling the budget holes that we have in GRF to 09600065.doc 270  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 help fund our vital state functions without a tax increase. This is one way that we can save the State of Illinois over $600 million next year alone. I urge an 'aye' vote. It's the responsible thing to do. It's the proper business thing to do."

"The Gentleman moves for the passage of the Bill. Those in favor signify by voting 'yes'; those opposed by voting 'no'. Have all voted who wish? Have all voted who wish? Have all voted who wish? The Clerk shall take the record. On this question, there are 117 people voting 'yes', 0 voting 'no'. This Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Mautino on Senate Bill 1433. Mr. Clerk, what is the status of the Bill?"

"Mr. Mautino on the Amendment."

"Yes, Speaker Madigan, this is the Fund Sweeps Bill and it provides revenue toward the budget coming up. I would move adoption of Amendment #2. It contains $356,038,973. These are the surplus funds and we have provided in the Bill that they may be only transferred on a quarterly basis. And under page 11 of the Amendment, there is a clawback provision that says, if the agencies do not have the moneys in these funds to pay bills this, can be paid back in. There's a mechanism which then allows the 09600065.doc 271  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 Treasurer and the Comptroller to draw that money back. And I would stand to answer questions."

"On the Amendment, the Chair recognizes Mr. Eddy."

"Sponsor yields."

"One moment."

"That's ten… $10.4 million."

"Yes, sweep of the surplus funds."

"Okay."

"The question is, 'Shall the Amendment be adopted?' Those in favor say 'aye'; those opposed say 'no'. The 'ayes' have it. The Amendment is adopted. Are there any further Amendments?"

"Put the Bill on the Order of Third Reading. And read the Bill for a third time."

"Mr. Mautino."

"Ladies and Gentlemen of the House, this Bill has been explained on Second Reading. This is the… during the Amendment phase, this is the Fund Sweeps Bill. And I would stand ready to answer any questions."

"Mr. Brady."

"Sponsor yields."

"Yes, and thank you for asking. The agencies appropriate a number of funds. And what you have before you right now is a static picture of those funds. Throughout different points of the year people will either pay their license fees, they will pay fines and these funds rise and fall throughout the course of the year. And if there… we put the clawback provision in if the monies need to be transferred then… then they can be transferred. But at any given time these will rise and fall. Now, we've 09600065.doc 273  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 studied these over the past four years because… the staffs have, actually, to know what numbers that we could reasonably expect from each of these lines."

"And it is… that's correct. It is anticipated down the road that these funds will reach the amounts that they have historically reached."

"You would have… you'd have a revenue shortfall, a GRF shortfall if they didn't."

"Mr. Moffitt."

"Sponsor yields."

"That's correct."

"Actually the… under that fund they will receive their full appropriation. So, there's nothing which will not be 09600065.doc 274  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 funded. These would be the account… the dollars that they do not expect to draw down from that fund within the next fiscal year."

"From the agencies."

"I appreciate your… your comments on that. We are trying at this point, very desperately, to put together a budget in the face of a $12 billion deficit. And these fund sweeps are moneys the agencies have identified that they expect they will not be using for the next year. And this is something that has been done for years and especially in tough budgetary times. If we don't provide some new revenue, then we can't close down that gap to try and do the things that we altogether want to do. Keep people in their homes, make sure that GRF dollars can get over to support those programs. It's a tough year. And these are very tough things, but it's not something we haven't done in the past. And it's not money the agencies 09600065.doc 275  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 have told us they are going to be using for next year. That's why we're making those hard choices."

"That number I don't know. Specifically on the funds, I do know that this is one that's been identified that we can sweep from it. And the original numbers that came from… I credit our staff and the Governor's staff. The original numbers that came from the Governor's Office was $440 million. We've looked through and found funds that we know would be very difficult to sweep and it's a tough decision to do. And we brought that down to $356 million to keep our state budget going and to try and close that gap in a very difficult time. So, do… do I know if it'd been swept in the past? I don't. Do I know if it is available from that agency? That I do. They've told us it is."

"The Bill and the fund is in the form that it needs to be and so I won't be doing any trailer Bills unless there's a dramatic improvement in the State of Illinois and what's going on with our GRF Fund because this fund will get it's full appropriation. It doesn't have to cut, this is what they have asked us for and this is the amount of money and it's true for any line. I've worked together in the past to help protect some of these lines from being swept. We worked on this very line, but we find ourself in a situation where without new revenues we can't fund the community services. And these have been identified as surplus funds, once the agency gets 100 percent of what they asked for."

"The agencies under the Governor actually provided us a list of $440 million. From that, we've looked at those which could not be swept or should not be swept and this is the list that we have come down to. And I understand about tough times. I mean, we've got… I have an empty steel mill as of two months ago. I have an empty factory which closed which was a manufacturer of concrete. My counties have 16 percent unemployment, the highest unemployment. People are hurting out there and what we're talking about are the dollars that are over and above what the agencies asked for. I don't like to do this, I would like to protect everyone of these funds, but I also have the choice of not taking oxygen from someone's grandmother, not forcing someone to a nursing home or making it a little bit easier. And that's what we're doing today."

"Mr. Moffitt, could you bring your remarks to a close."

"Yeah, sure. Proceed."

"Mr. Lyons in the Chair."

"I… I know you're concerned…"

"…for the fire services as the rest of us do. And I hope the economy allows us to do that."

Speaker Lyons: "Chair recognizes the Gentleman from Cook, Representative Will Davis." Davis, W.: "Thank you very much, Mr. Speaker. Will the Sponsor yield?"

"Sponsor yields." Davis, W.: "Representative, just very quickly. Obviously, on the analysis there are a number of funds that are swept. 09600065.doc 279  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 So, just so I understand, does the sweep take the fund to zero? Does it… does it take the fund to zero?"

"No. And thank you for asking that. The agencies and the Governor has supplied us a list of the funds and we have millions of dollars in… that are held in these funds. We have funded 100 percent of the requests from those funds in this year. So, this does not take them to zero. You have a picture right now of the funds, but these refill and they empty throughout the year as people get fined, as people pay their licenses. Their dedicated funding sources do that. So, thank you for that question. It does not take them to zero. In fact, they all have 100 percent. And if we sweep too much, there's a mechanism to take that money back automatically." Davis, W.: "Okay. And my… my last question is, is this and I'll use the term… is the… is the Bill fund specific? And what I mean by that is, as we've gone through this General Assembly many of us, myself included, have passed Bills to create additional funds. Now, while there's no money in that fund or may or may not be appropriated to that fund, but if beyond, in the beginning of the next fiscal year, if there's money appropriated to… to any of these funds that were created, does it automatically include those funds individually or is it just specific to the list of funds that you have here?"

"Also another good question. If it was a new fund that has been created, there wouldn't have been a balance. So, that would not have been identified by the agency or the Governor's Office." 09600065.doc 280  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 Davis, W.: "And it won't get swept, excuse my terminology, swept into this list…"

"Only… only the funds…" Davis, W.: "…in the future, will it unless… that will take another Bill, correct?"

"Yes, that's correct. And only the funds that are listed on this… on the Amendment itself are what you're voting on today." Davis, W.: "Thank you very much."

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

Speaker Lyons: "The Lady from DuPage, Representative Patti Bellock." 09600065.doc 282  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Sponsor yields."

"I believe we didn't do funds sweeps last year. They didn't have authorization."

"Your… would you be talking about the FY09 Budget Relief Fund?"

"If that is… if that is accurate, yes. And these funds have been identified as over and above 100 percent of their requests for this year."

"That would be… that is the Mental Health Fund is the proper legal name and description of that fund."

"That I would have to hear from the agency who identified this fund."

"I'll get that to you." 09600065.doc 283  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Again, the… whatever is in those funds on today is a snapshot because they refill and they empty throughout the course of the year. That is the structure of these funds. And that's the ebb and flow. We've taken what has been utilized from those funds over the past 4 years, studied what the need is, the Governor identified that, it tracked with our numbers and this is what was determined as surplus. If this is too deep of a sweep into that fund, then there's an automatic drawback contained in page 11 of the Amendment."

"This would be the amount… and at this point, nothing from the fund has been taken. This would authorize quarterly increments, so it'd be 6 million per quarter… 6,100,000 per quarter from that fund over the course of the next four quarters. And that fund will refill and empty as it does. This is the money that has been identified as surplus dollars over what the agency requested."

"Yes?"

"The dollars that have been identified here have not been swept. So, that's 2.5 million per quarter from that amount. As that… as that fund is requested, that will go on a quarterly payment. But the agency and the Circuit Breaker are getting 100 percent of their request. And if it goes below 100 percent of their request, then page 11 kicks in, the triggers kick in and that money is put back into the fund to pay those bills as they accrue."

"Certainly."

"I don't know the calls that you've been receiving, but that fund has been what's been identified. They have received 100 percent of their requested appropriation and this is the item that was left within the fund itself. So, the…"

"Representative Bellock, your time has expired. He'll finish answering that question. Representative Mautino, if you want to finish your thought on that question."

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

"Sponsor yields." 09600065.doc 285  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"I'm getting that down pretty good."

"Because the answer's always the same."

"You can get a daily balance from the Treasurer and you can get them on the Web site actually right now. If each of the funds here… and as I said, has been identified once we have given them 100 percent, their full appropriation, what they've asked for, these are the amounts over and above. And…"

"…that's… that's how we came up with them. And actually we put about 60 million as untouchable because… realized those would be a problem."

"These funds will refill themselves as they have done. And we will look at the appropriation level from each of the agencies that utilize them. And then if they identify less surplus next year, we will use less surplus. If they identify no surplus, then funds sweeps would not be option then."

"That’s… that's just…"

"…a function of the economy. These funds produce $440 million more than they'll be using this year, all of them taken together."

"And there's actually more funds than that, but those are the ones that the Governor wanted to make sure that we didn't have adverse reactions or implications on other dollars." 09600065.doc 287  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"That's not correct."

"The surplus, the money over and above 100 percent of what the agencies have requested is a number over $440, million."

"And to your question and the representation, these are not all fees. There are some fees, there are fines, there are other streams of revenue that are out there."

"And…" 09600065.doc 288  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Representative Winters, your time has expired. If you want to conclude your remarks in a minute or so, please. We'd like to move on."

"The Lady from Cook, Representative Mulligan. Rosemary."

"Sponsor yields."

"Yes. Whatever they requested was funded." 09600065.doc 289  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"What… whatever anticipated expenditures from that fund that they requested were… that were accounted for to it were funded."

"The day to day balance, I couldn’t tell you. It's on the Web site of the Comptroller. But what we're talking about is the amounts over and above that. And this has been identified as surplus. If we sweep too much, there's a trigger mechanism on page 11 that will draw that money back in."

"I… I actually know what these line items are for it and the categories as they're detailed within our budget Bills as they've been identified by the Governor and by the agencies through their requests. And this is what they've told us is over and above what they need in one of the most difficult years since the 1930s."

"Excuse me?"

"Apologize, someone was…" 09600065.doc 290  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"If they have requested that in their budget or appropriation requests, it would not. I don't know whether that is in there or not, but my guess is we probably… given the $8 billion shortfall in general… in the Human Service General Fund appropriation lines that'll need to be cut if we don't locate new revenue. I'm guessing they're not asking for signing bonuses."

"Again, this is suggested by the Governor's Office at a level above what they plan to appropriate and use for this year."

"I'm a southpaw anyway, but go ahead."

"That is one of the lines within the lottery that they're… is over and above what they're expecting for payouts."

"Excuse me, could… I apologize. Joe, could you wrap the gavel there? I can't hear the specific funds."

"Ladies and Gentlemen, a lot of noise on the floor. If we could bring the noise level down, please. Ladies and Gentlemen, bring the noise level down. Thank you."

"The amounts that were over and above what they were going to give out this year. And these lines, like all other lines… and Representative, there are no comfortable lines within that budget nor are there any comfortable cuts anywhere. We have done our best and funded 100 percent of the requests, as we've done throughout the years. This is available; it's been identified to help fund some of the needed human services."

"The Chair recognizes the Gentleman from DuPage, Representative Reboletti."

"Sponsor yields."

"I chair the Audit Commission and have been on there for 15 years and have run that and I know that function better than… than most the Members in this House, other than my comembers. That, again, is a difficult… all these are… are difficult. That is money over and above what he will use for the audit expense fund for this coming year. He's identified an amount and that's a surplus. Do I like to take it? No. However, if our needs are as great as they are and we're looking for revenue sources and we fund 100 percent, everything that's been requested, this is where we are. So, I do know the Auditor General. I know this fund better than most. It is surplus and if we cut too far, the triggers will put it back."

Speaker Lyons: "The Lady from Cook, Representative Suzie Bassi."

"Sponsor yields."

"That's a… that's a total of four funds. I apologize, just the level of the noise."

"Ladies and Gentlemen, if we could please bring the noise level down. Representative Bassi's asking questions and Representative Mautino… Representative Mautino can't hear them. Suzie, wait a minute. Shhh. Chuck Hartke taught me that 10 years ago. Representative Bassi."

"Thank you for the question. Yes, it is."

Speaker Lyons: "Anyone further seeking discussion? Representative Frank Mautino to close."

"Thank you. Ladies and Gentlemen of the House, I'd appreciate an 'aye' vote on Senate Bill 1433."

"Ladies and Gentlemen, the question is, 'Should Senate Bill 1433 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this Bill, there are 66 Members voting 'yes', 51 Members voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Clerk, what's the status of Senate Bill 1197?"

Speaker Lyons: "The Chair recognizes Democratic Majority Leader, Representative Barbara Flynn Currie."

"Thank you, Speaker. Earlier in the season we appropriated education money so that we could capture federal stimulus dollars, Medicaid money for the same reason, bare bones operations so we can keep the doors of government working on open… on July 1 and thereafter, 09600065.doc 295  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 funding for the work force and federal funds, including special funds. Those Bills have now passed the State Senate. When we finished that activity, we were $10.5 billion short of the budget level that was introduced by the Governor. And we had available to spend, 3.5 billion. That left us with a $7 billion hole in our budget and in fact, that hole would have meant that we'd have been lucky to be able to fund the rest of State Government at 32 percent of the Governor's introduced level. Because of our action today on the last two Bills, because we decided to use proceeds from funds that didn't need those dollars and because we decided to restructure State Government debt, 600 million for the one program, 350 for the other and some additional federal funds that are available, instead of being stuck at a 32 percent appropriation level for all the others agencies of State Government, we are now in a position to say we can at least… at least provide them with 50 percent of the Governor's initial offering. That's what Amendment 1 to Senate Bill 1197 would do. It would provide funding for those agencies of State Government, not good enough by any means, but better than 32 percent and better than nothing. I urge your approval of Amendment 1 to Senate Bill 1197."

"Is there any discussion? Representative Hamos, you have your light on, would you like to move the… can we move the Bill to Third and discuss it on Third or do you have a question on the Amendment? Okay. No one seeking recognition, the question is, 'Should Floor Amendment #1 to Senate Bill 1197 be adopted?' All those in favor signify 09600065.doc 296  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"

"Put that Bill on the Order of Third Reading. And read the Bill, Mr. Clerk."

"Representative Barbara Flynn Currie."

"Thank you, Speaker. I think I explained it pretty well on Second. And I'm happy to answer your questions now that we're on Third."

"Representative Hamos."

"Yes. Question of the Sponsor… questions."

"She awaits your questions."

"So, Representative Currie, this funds our vast education and human services network at what percent, about 50 percent?"

"Well education much of that money already has been approved by us and by the Senate, but… and Medicaid of course because we've added money to that program so we could capture federal stimulus. But for the rest of the activities of State Government, we're talking 50 percent of the Governor's introduced level. Not good enough, but all that we have available to spend at this moment given that we were able to add some almost billion dollars to our general funds availability just a few moments ago."

"Well, wait… but… but can I also ask a question about education? Because as I read one of the voluminous forms 09600065.doc 297  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 or memos that we got from the Leadership in the past week, education grants actually for State Board of Ed… Board of Higher Ed, Community College Board and the MAP Program, a grand total of those were 1.7 billion. So, we haven't funded those yet. What percent of those would be funded under this, about 50 percent also?"

"Yes. As I understand it, we're talking about 50 percent of those things left unfunded after the first round of budget bills."

"Okay. So, Representative Currie, there seems to be a little bit of confusion that if we fund our entire education, well again, education's a little bit different I understand that, but if we fund the human services system at 50 percent only today, that somehow that means that we have a 6-month budget?"

"That is not the intent behind this measure. The intent is to say, if this is all we have to spend in the next fiscal year, here it is. I am hopeful we can do better before we finish the Spring Session, but it would be irresponsible to walk away leaving nothing in the state coffers. The Governor would presumably have to manage these dollars. It would be no easy task, but it is not the intent to say this is half of your funding. This is all the funding that today we have available to spend in the next fiscal year."

"Well, again, so this is not a 6-month budget, Ladies and Gentlemen. This means that I would assume by the beginning of the fiscal year every one of the human service agencies that get grants from the state will receive a 09600065.doc 298  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 notice that their budget has been reduced by 50 percent for the coming year and that will in fact create a major crisis throughout our state. Now, this is May 30. Does this budget that we're about to vote on presume… why are we doing this before we've even tried to do an income tax? Let me ask that question."

"I would say we're doing this in part of the Governor's behest and in part to make sure that we actually put something on his desk before we leave this Spring Session. I don't think we can afford to wait. I don't know how many caucuses we're going to see tomorrow in this chamber and I would say this is a way of putting something in the bank in case chaos prevails on Sunday."

"Well, chaos… chaos. Okay. So, let me talk about chaos for just a moment. Because we never know what the agenda will necessarily be from one minute to the next, one of the Bills that we have not yet voted on are the leftover capital funds that might have about a thousand earmarks in them for our individual capital projects for our districts. Is that right?"

"I believe that's accurate."

"So, at the same time, Ladies and Gentlemen, that we are going to be voting on a Bill, right now, that completely decimates our human services system, seemingly, it is our intent that we're going to vote on a Bill that… that… that authorizes a thousand earmarked projects for our own districts. And I would say to you, Ladies and Gentlemen, that that is not appropriate at this time. It's unseemly and I believe that we should consider this whole agenda 09600065.doc 299  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 together before we vote on this Bill. And I would actually encourage people to vote 'present' at this time until we have a better sense of what other possibilities there are before we send a message back home that the most vulnerable citizens in our state might be left truly high and dry in one…"

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

"Sponsor yields."

"Above…"

"…yes."

"You are correct."

"That's… that's close. Four hundred and fifty million, more likely, but you're close."

"No, this is not a line item budget. This is lump sum budgeting because we are looking at such a serious reduction in funding, it seemed especially important to give maximum flexibility to the managers of our state agencies."

"Yes. But I would also think that Legislators might want to be in discussion with those agencies to give a sense of our individual priorities."

"Exactly. And that's why we're giving them that flexibility."

"We would hope that they would want to spend money in those programs that would bring back money to Illinois."

"Yes, to the same degree."

"Yes, it does."

"In fact, that's how we were able to go as high as 50 percent."

"Yeah. We believe that was about 600 million and then the sweeps were worth more."

Speaker Lyons: "The Gentleman from Lake, Representative Sullivan."

"Sponsor yields."

"It… the… this is not the budget he proposed, but he was… his people were in committee this evening supporting this effort."

"Proponent." 09600065.doc 303  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"That's correct."

"No. What we're doing is 50 percent of the level the Governor would have funded each agency."

"We're talking about the… the other funds, grant funds, not federal funds, not basic work force funds."

"No."

"Yeah, exactly."

"Exactly. And that's a very important item. We did that so that we, again, gave the Governor maximum flexibility."

"He's got total…"

"He… but he still has total authority to do layoffs and certainly he is able, if the union is willing, to reopen the contract."

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

"Sponsor awaits your questions." 09600065.doc 305  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009

"Yes."

"Excuse me?"

"Representative Ron Stephens."

"Representative Elaine Nekritz."

"Thank you, Mr. Speaker. There's a lot of discussion about human services in this debate and I don't want to… I certainly don't want to… I have no intention to minimize that, but there's lots of other things in this… in this… in these cuts as well that will be impacted. And that… that's… there's something in here that I think Members on both sides of the aisle care a lot about. And it's not… in the grand scheme of things it's not that… not all that much money, but it does provide a lot of economic development 09600065.doc 307  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 65th Legislative Day 5/30/2009 for communities all around this state and that's the AMTRAK service that runs. And we do subsidize that through a grant program. And cutting that $28 million out will essentially end that service. We'll go back to where we were four years ago where we had one train a day round trip to Quincy, one… one train a day round trip to Carbondale and only two to St. Louis. So, I think that's a significant loss. There's also grants in here for the elderly, handicapped and students for… through the Regional Transportation Authority, another transportation hit. There are tax rate refunds in here. So, it isn't just about human services. But… but the human services component is, I think, the most… the most significant and where… where it… it hits the most at… at our hearts. These programs for just… let me give you just one example, which is grant funding for the developmentally disabled. There are 15 thousand citizens of the State of Illinois who are developmentally disabled right now who are awaiting services, they get no services at all right now. And by further cutting these grants we are going to be forcing agencies to close and we will have… I can't even bear to imagine what would happen for those… with those people that are getting the services when they are put back out on the streets. I… I… this is such a serious matter that I can't imagine… I just… I hate to see what the State of Illinois will look like if we do this. I urge a 'no' vote."

"The Gentleman from Winnebago, Representative Dave Winters."

"Sponsor yields."

"That is right. And that would have funded these same programs at about 32 percent of the Governor's introduced level. Because of the decision to use available funds… special funds and the decision to restructure state debt we can now appropriate up to 50 percent of the Governor's introduced level."