Illinois House Floor Debate — May 6, 2010

"The hour of 10:30 having arrived, the House will be in order. Members and guests are asked to refrain from starting their laptops, turn off all cell phones and pagers, and rise to the invocation and Pledge of Allegiance. We shall be led in prayer today by Father Jim Swarthout who is with St. Paul's Episcopal Church in McHenry, Illinois. Father Swarthout is the guest of Representative Franks. Father."

"We'll be led in the Pledge of Allegiance today by Representative Walker." Walker – et al: "I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."

"Roll Call for Attendance. Representative Bost."

"Majority Leader Currie."

"Thank you, Speaker. Please let the record reflect that there are no excused absences among House Democrats today."

"Mr. Clerk… Mr. Clerk, take the record. 115 answering the Roll, a quorum is present. Representative May."

"Yes. Thank you Father Swarthout for the invocation today, and I have the pleasure of introducing his parents who are in the gallery right behind me. If you will stand please, so we can welcome you. James Swarthout Sr. and his wife Terri are here to see their son do the invocation. Mr. Swarthout is the former mayor and a former alderman in the City of Lake Forest, which is in my district. He also has served on the North Shore Sanitary District where he 09600138.doc 2  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 has been a trustee and a former president. He's been a volunteer fireman, 30 years of public service. And with chatting with Father Swarthout, I can see that they raised a wonderful person, too. Let's welcome the Swarthouts to Illinois… to Springfield."

Speaker Mautino: "Welcome to the House of Representatives. Representative Davis." Davis, W.: "Good day, everyone. Glad to see all the garanimals are in the House today. I have an announcement. The office of the Comptroller will be available in the Speaker's Conference Room on Thursday, May 6, which is today, from 11-2, if any Members have questions with regard to their benefits. Thank you."

"Mr. Clerk."

"On page 5 of the Calendar are Senate Bills on Third Reading. Senate Bill 3655, Majority Leader Currie. Mr. Clerk, read the Bill."

"Majority Leader Currie."

"Thank you, Speaker and Members of the House. The Research and Development Tax Credit expired at the end of last year, at the end of 2009. This measure would reinstate the credit for one year starting at the beginning of January 2010 for the remainder of the calendar year. I know of no opposition and I'd appreciate your support for passage of the Bill."

"The Lady moves passage of Senate Bill 3655. 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 Brady, do you wish to be recorded? Mr. Clerk, take the record. 116 voting 'yes', 0 voting 'no', 0 voting 'present', Senate Bill 3655, having received the Constitutional Majority, is declared passed. Page 5 of the Calendar is Senate Bill 3702, Representative Hannig. Mr. Clerk, read the Bill."

"Representative Hannig."

"This Bill creates the Illinois… some tax checkoffs. One of them is for Illinois Route 66, the other is Habitat for Humanity, disabled veterans property tax relief, and the state park checkoff. It's a similar legislation for other checkoffs that we've had in the past. I appreciate an 'aye' vote."

Speaker Mautino: "Representative Hannig has moved for the passage of Senate Bill 3702. No one seeking recognition, 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… Mr. Clerk, take the record. 116 voting 'yes', 0 voting 'no', 0 voting 'present, Senate Bill 3702, having received the Constitutional Majority, is declared passed. Page 3 of the Calendar appears Senate Bill 2660, Representative Reitz. Mr. Clerk, read the Bill."

"Representative Reitz."

"Thank you, Mr. Speaker. This Bill deals with the SNG gas plant… coal to SNG gas plant in Jefferson County. And it makes some changes to allow them to go forward with their project. And I'd be happy to answer any questions."

"The Gentleman has moved passage of Senate Bill 2660. 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? 09600138.doc 5  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 Representative Brady, Representative Leitch. Mr. Clerk, take the record. 99 voting 'yes', 17 voting 'no', 0 voting 'present', Senate Bill 2660, having received the Constitutional Majority, is declared passed. On page 4 of the Calendar appears Senate Bill 3460, Representative Hernandez. Mr. Clerk, read the Bill. Mr. Clerk, would you return this Bill to Second Reading. What's the status of the Bill?"

"Representative Hernandez on Floor Amendment #2."

"Yes, Mr. Speaker. The Amendment actually is per the recommendation of the Capital Development Board. Just adds to the holding title that the state may place a lien on a facility which would protect the state's interest from liability of the facility. So, this is just something that was raised at committee and we're trying to just add the concern through this Amendment."

"The Lady moves adoption of Floor Amendment #2 to Senate Bill 3460. On that question, the Gentleman from McHenry, Representative Franks."

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

"She indicates she will."

"Representative, right now the state is able to hold title on this property, correct?"

"That's correct." 09600138.doc 6  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"What… why would we need to place a lien on a property that you already hold title to?"

"The… this is through the recommendation of the Capital Development Board. Their concern is that if the state was to hold title, then it would open liability issues. So their recommendation was to also add lien to… to straighten that out."

"I would respectfully disagree with their analysis. Because if you are an owner of a property, you already are entitled. The only reason to have a lien is to put a cloud on the title to make sure that you would be paid before other creditors. If you already own the property though, there's no question of priority. I just… I think this is a confusing Amendment and I would ask that you consider receding from it because, actually, it does nothing except confuse the situation. Either the state is the owner of the property or it isn't. Would you agree?"

"Representative, this is pertaining to the Bill… 3460 is actually the Bill that stems from a capital project. It's forty-five million that was designated for early childhood construction, and what… and what we're trying to do is the… currently the language read that at 50 percent nonprofits which that's the group we're trying to include to be also eligible to obtain grants. This Bill will lower… the intent of the Bill is to lower that percentage so that school districts and nonprofits could apply for these grants. What occurred then, in the means of putting this Amendment together, the Capital Board raised this concern because what we wanted to do to place 09600138.doc 7  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 safeguards is let the state hold title and they came back with the concern that it's not… that they wouldn't be able to work with us on that because of the concern that it would open a liability issue. It's pertaining to this particular… this particular project."

"But your House Amendment #1 allows the state to hold title, correct?"

"That's correct."

"All right. And now on your House Amendment #2, besides holding title you say they also want to be able to place a lien, correct?"

"That's correct."

"Okay. But don't you see the inconsistency of placing a lien on a property that you already own? Maybe I'm not getting it. But it just doesn't seem to make any sense.”

“Look, let me pull…”

“Want to take it out of the record for a minute…”

“Yeah, yeah.”

“…and we can talk about it?"

"Let me just… can I just take it out and we'll…"

"Let's take this Bill out of the record. On page 5 of the Calendar appears Senate Bill 3683, Representative Chapa LaVia. Place this Bill on Second Reading. Representative Chapa LaVia on Floor Amendment #2."

"If we could stick that back on Second Amendment. Was Floor Amendment 2 adopted in committee?"

"Mr. Clerk." 09600138.doc 8  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"Okay. Amendment #2 which we brought to committee had to deal with incentive… Senate Bill 3683 incentivizes utilities department with local governments to engage in a smart growth. We had to put one word in there because the ICC and ComEd wanted it in there. And I think we're waiting for one more Amendment to come through committee. So, if we could debate that when we get that to the floor."

"The Lady…"

"I'd appreciate it."

"The Lady moves adoption of Floor Amendment #1. Seeing no questions, all in favor say 'yes'; opposed… excuse me. The Lady moves adoption of Amendment #2. No questions on that, all in favor say 'yes'; opposed 'no'. The 'yeses' have it. The Amendment’s adopted. Mr. Clerk, further Amendments?"

Speaker Mautino: "Leave this Bill on Second Reading. Mr. Clerk, place Senate Bill 3460 on the board. And read the Bill."

"Representative Hernandez."

"Thank you, Speaker. I think we have cleared up the misunderstanding. What I did not mention is it's either/or. So, it's either title or lien. So, I think we did clarify the misunderstanding." 09600138.doc 9  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

Speaker Mautino: "The Lady's moved the adoption of Floor Amendment #2. And on that question, the Gentleman from McHenry, Representative Franks."

"Thank you, Mr. Speaker. And I thank the Sponsor for taking it out of the record for clarifying the intent and the language. In fact, there was an error in our analysis, so now it's been cleared up. I think it… it makes perfect sense to do what the Lady's trying to do. And I stand in strong support."

"No one else seeking recognition… excuse me, Representative Thapedi."

"Thank you, Mr. Speaker. To the Bill. I also had the opportunity to take a look at this legislation and I think it's an excellent proposition. It is an ultimate proposition as far as holding title to the property or placing a lien. And I, too, strongly support this proposition and urge an 'aye' vote. Thank you."

"The Lady moves adoption of Floor Amendment #2 to Senate Bill 3460. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. And the Amendment is adopted. Mr. Clerk, any further Amendments?"

"Third Reading. Read the Bill."

"Representative Hernandez."

"Yes. The Bill is simply trying to lower the… what currently language has as 50 percent, where the nonprofits and school districts would be eligible for grant… early 09600138.doc 10  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 childhood grants. It's lowering it to the 10 percent at… with safeguards placed. So, essentially what's happening is school districts and nonprofits are eligib1e at the 10 percent. It's a good Bill. This is a form… a way to try to expand the early childhood within needy communities. I ask for a favorable vote."

"Representative Eddy."

"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. 117 voting 'yes', 0 voting 'no', 0 voting 'present', Senate Bill 3460, having received the Constitutional Majority, is declared passed. Page 5 of the Calendar, Senate Bill 3683. Read the Bill."

"Clerk, move that Bill to Third Reading and read the Bill."

"Representative Chapa LaVia."

"Thank you, Speaker, Members of the committee. House… Senate Bill 3683 is an agreed Bill by all parties. And it… House Amendment 2 that was now adopted adds ‘reasonable and prudent’ through the Bill in regards to relocating a substation, environmental remediation in a property vacant… vacated right now. The language was recommended by ACC. ComEd is on board. Aurora is on board. And I ask for its favorable vote. Thank you."

"The Lady has moved passage of Senate Bill 3683. No one seek recognition, 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. 98 voting 'yes', 19 voting 'no', 0 voting 'present', Senate Bill 3683, having received the Constitutional Majority, is declared passed. On Senate Bills under Second Reading, on page 6 of the Calendar, Representative Mathias, Senate Bill 82 appears. Read the Bill. Status of the Bill, Mr. Clerk?"

"Representative Mathias on Floor Amendment #2 to Senate Bill 82." 09600138.doc 12  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"The Gentleman has moved passage of Floor… adoption of Floor Amendment #2. No one seeking recognition, all in favor say 'yes'; opposed 'no'. The 'yeses' have it. The Amendment is adopted. Mr. Clerk, any further Amendments?"

"Third Reading. And read the Bill."

"Representative Mathias."

"The Gentleman has moved passage of Senate Bill 82. On that question, the Gentleman from McHenry, Representative Franks."

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

"Indicates that he will."

"Representative, right now, are there… is there a fee schedule for the county recorder for these noncertified copies?"

"Okay. I'm reading our analysis, and perhaps, it's incorrect. But it talks about fee’s bearing based on the type of the record requested, such as a map or a plat being $50 for the first page and then a dollar for each additional page. Is that an accurate description?"

"Here's my… here's my concern reading this Bill."

"And this is my… here's my concern. I think this might be in conflict with our newly passed FOIA law. Now under 09600138.doc 14  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 the FOIA law, they limit the amount that you can charge, the governments can charge under FOIA. So, if one was asking for these documents under FOIA, one would be charged significantly less than if one walked into the county recorder's office and said give me a copy of the map or plat. And I'm concerned that if we pass this Bill that the cost will go up exponentially for the end user. Plus, I really think it's an end around of FOIA. Maybe you can respond to that."

"Okay."

"But they may be… that may be happening now. Here's my only concern. I don't want there to be a fee schedule, for instance, for a map or plat for $50 the first page and then a dollar for each additional, when we have a concerned citizen… Remember a few years ago, you helped me pass the antislap legislation. You know, the citizens limiting the participation, when someone would speak out against the developer, for instance. I'd want some individual, if 09600138.doc 15  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 there's a concerned citizen to be able to get the documents that they need for the public good, without having to spend so much money. And I'm concerned… I understand what you're trying to do here, but what I'm concerned, if this is going to then raise the fees for everybody."

"Please."

"Okay. Thank you for explaining that. Thank you."

"The Gentleman has moved passage of Senate Bill 82. 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 Osterman, do you wish to be recorded? Mr. Clerk, take the record. 115 voting 'yes', 2 voting 'no', 0 voting 'present', Senate Bill 82, having received the Constitutional Majority, is declared passed. Representative Bradley, on page 6 of the Calendar is Senate 09600138.doc 16  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 Bill… Representative… page 6 of the Calendar is Senate Bill 642, Representative Bradley. Mr. Clerk, read the Bill."

Speaker Mautino: "Representative Bradley… excuse me, Representative McAsey…"

"We're going…"

"…Floor Amendment #2."

"…we're going to withdraw all but…"

"Representative Bradley."

"We're going to withdraw all but the last Amendment."

"Mr. Clerk, would you withdraw Amendments 2, 3, 4, and 5. Place Amendment 8 on the board. Representative Bradley on Floor Amendment #8."

"Floor Amendment 8 is… becomes the Bill, and basically it is a tightening up in a work that we worked on, similar to what came out of the Senate, but I think with some additional restrictions and limitations. And I think all the universities… well, I know all the universities are supportive of this. And this is a lot of hard work and I’d like to thank all the people that participated in this and Southern Illinois University for bringing this issue to us and the University of Illinois for helping guide this along. So, we can debate it on Third Reading. I'd ask for it to be approved and put on the Bill." 09600138.doc 17  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

Speaker Mautino: "The Gentleman moves adoption of Floor Amendment #8. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. And the Amendment is adopted. Mr. Clerk, any further Amendments?"

"Third Reading. Read the Bill."

"Representative Bradley."

"Thank you, Mr. Speaker. This is a Bill that would limit the potential borrowing to one year in the fiscal year 2010. It puts a limit on the instrument of debt and also puts a limitation on how quickly and tries to encourage that these be repaid as quickly as possible. This is not a great situation to be in. Obviously, we wish we weren't in these times, but the idea here is to create flexibility for the universities. They can continue to maintain the high level of education, while at the same time, making sure that the taxpayers are protected to the degree we can do that. I think this is a good compromise. It should avoid future cliffs in the future, and I'd like to thank all the people for their hard work on this. Again, we would recognize that this is not anywhere near the best circumstances, but this is an extraordinary request during extraordinary times. This will allow our universities to continue to function. I ask for an 'aye' vote." 09600138.doc 18  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"The Gentleman has moved passage of Senate Bill 642. I would ask the Members of the House to please bring the volume down and Members of staff, who are in the aisles, to move your conversations. Questions on the Bill? The Gentleman from Crawford, Representative Eddy."

"He indicates that he will."

"Correct."

"Correct."

"Correct."

"Okay. Yeah, that's exactly right. We were trying to create a situation to give them the flexibility to get through these tough times but not to just to create a loan program whereby a total appropriations for the entire would end up in some kind of borrowing plan. So, I think this is very restrictive. I think this is a good compromise. It's 09600138.doc 19  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 not a great situation to be in, but given the circumstances, I think it's the best we can do."

"Further discussion? The Lady from Grundy, Representative Gordon." Gordon, C.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"He indicates that he will." Gordon, C.: "Thank you. Representative Bradley, there's been specific purposes spelled out for these funds. Is that right?"

"Correct." Gordon, C.: "And they can only use them for those specific purposes?"

"Correct." Gordon, C.: "Now after they determine that those funds are used for that, can they then invest the eq… if there's any extra money leftover, can they invest it?"

"No, that's not the intention of the Bill, and I'm glad you would clarify that." Gordon, C.: "Okay. And so, what would they be able to do with this money that may be leftover? Put it in a rainy day fund?"

"Well, the only thing they can do is, they can either set up a line of credit or a promissory note, and when they get the payments, and it's only based upon the actual vouchered appropriations from the state, and it's certified as of June 30. So, since this is a one-year program, we'll know exactly what the amount of debt is on June 30. They then have a set period of time to create an instrument of 09600138.doc 20  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 debt, promissory note or a line of credit, that can only go for one year. Then upon receipt of those moneys, they're suppose to, depending on the terms of the promissory note or the line of credit, repay that money that they receive on the money that they borrowed against within a finite period of time. So, the idea here is not to create a fund whereby money is borrowed, money is invested, the credit fund where they really pay the bills. They also have to create a spending plan which has to be approved by the legislative process, and there's also reports that are required for all four caucuses and the Governor. So, not only is there borrowing with this, but there's also a spending plan involved so we know exactly how the money's going to be spent." Gordon, C.: "So, it's not a petty cash fund?"

"No. That is correct." Gordon, C.: "Okay. So, and then, if it's determined… like for example, there was one university that said, you know, we're going to have to break into this fund that we've saved money in. Is there going to be any type of audit before the borrowing is allowed?"

"Yeah. There's a spending plan they have to present, and it can only be upon the certified vouchered amounts as of June 30." Gordon, C.: "Well, I under… and I don't mean to interrupt you. I understand that there's a spending plan that's going to have to be presented, but you know, there's lots of accounting that can be done so that we don’t know about different funds that are in different budgets and all of us 09600138.doc 21  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 are well aware of how that's done. So, is the university going to be able to just open up its budget to us before we say, hey, here you go. Here's the money that you can borrow against."

"I think we have that already, and again, the only thing they can borrow against are state appropriations which have been approved by the Comptroller's Office, and certified by the Comptroller's Office. So, the Comptroller's not going to certify those unless those are actual legitimate owed payments." Gordon, C.: "So… and I'm glad you brought that up. So, the collateral that they're borrowing against is the state appropriations that we're…"

"Correct." Gordon, C.: "…not paying them?"

"Correct." Gordon, C.: "Right. And one of the suggestions in… that we talked about this week is even putting off those state appropriations another six months to December 31, isn't it?"

"Well, and that was one of the discussions in this, and that's a great point, Representative." Gordon, C.: "I'm sorry, Mr. Speaker, could you please lower the sound level?"

"Ask the Members of the House to bring the volume down in here so that we may hear the debate." Gordon, C.: "So, the state appropriations that we're talking about putting off for another six months is what they want 09600138.doc 22  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 to borrow against, is that right? That's their collateral?"

"Well, no, it'll just be the state appropriations for FY10 which will be certified as of June 30. And so, we'll have to reevaluate FY11 once we get passed the first of the fiscal year, July 1." Gordon, C.: "And is there been…"

"So, it's only the money we owe them up to this… up to this point in this fiscal year." Gordon, C.: "And has there been any promise by any state university that they're not going to raise their tuition in any way, shape or form through any of their colleges if they get this borrowing from us?"

"No. There was an independent statement made…" Gordon, C.: "Mr. Speaker, Mr. Speaker, I'm sorry, please."

"There was an independent statement made which was not a part of this Bill, and you know, there was a proposal of an Amendment of that… at one point. There was an independent statement made about one university that was going to have a tuition freeze; it was not tied to this Bill." Gordon, C.: "But some universities have talked anywhere from… just begin at 20 percent. Is that right?"

"I've heard that. I've heard that they have revised those. Our hope is, obviously, that that doesn't happen. And one of the things in limiting this to fiscal year ‘10, was to try to reduce the possibility of that happening. A multiyear program, I think you have a better chance that you could end up with a very significant cliff in 18 09600138.doc 23  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 months. So, the hope was here is by limiting this to fiscal year ‘10 at this point, give them some flexibility and some breathing room. Hopefully, they get those appropriations within the next six months and then figure out where we're at then." Gordon, C.: "Would you consider a 'no' vote on this legislation hypocritical considering the situation that our state is in at the moment, Representative?"

"I don't question people's motives. So, I mean, I respect the judgment of the people in this Body, and however they choose to vote on this. This is a tough issue, it's been a tough issue for me. And so we're trying to balance good government, taxpayer protection with the flexibility we need to run these universities." Gordon, C.: "Thank you."

"Thank you." Gordon, C.: "To the Bill. Ladies and Gentlemen, I would be real, real careful about how you vote on this legislation considering that you are allowing state universities to gamble with collateral that our future appropriations that they don't have, that we're considering putting off for six months, without actually requiring them to completely open the books that they have, when we've learned that there was one certain university who was sitting on a whole pile of money that they weren't telling us about, when at the same time they were saying that they were completely broke. The way this legislation is written, I commend the Sponsor of it for doing it, he worked very, very hard on it, but this is a very, very dangerous piece of legislation to pass 09600138.doc 24  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 through here to allow our state universities, when people are talking about our future students, and especially when they have the ability to raise their rates at any… any way they see fit on top of the money that they're going to borrow. So, please, please consider what you're doing before you hit the button that you're going to vote on. Thank you very, very much."

Speaker Mautino: "Further discussion? The Gentleman from Jackson, Representative Bost."

"Yeah. And the difference there being that they… they're elected boards. And so that was really one of the tricks with doing this, and it was different then. You noticed the community colleges moved quicker. This was trickier because it's not an elected board, it’s quasi…”

"Yeah."

"That's correct."

"That's…"

"Yeah. I wanted to get everybody to a comfort level in terms of doing everything we could to protect taxpayers and create good policy here, Representative. Correct."

"Further discussion? Representative Myers."

"He indicates that he will."

"That's correct."

"No. This is a cap… and the idea here is Western was part of this and I know there's concerns. And so, we tried to draft this to give them the flexibility they needed in the meantime. Some of the other universities like U of I could wait longer to do this, but my understanding is all the universities are for this. And we gave Western the flexibility they needed to make sure they could get the bills paid and not have to wait too long."

"I don't have that. I was relying on the universities for that expertise in helping me draft this language and putting the timelines in here. And so, they were comfortable with it and I was comfortable with it."

"Further discussion? Representative Miller."

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

"Indicates he will."

"Representative, just some clarity in regards to the process of borrowing. The university itself is extending… is actually doing the borrowing or is the State of Illinois being the guaranteer for borrowing that the university may do?"

"There's specific language in the Bill that says that this is not an obligation of the state. Now having said that, they're quasi state agencies. So, they're doing this based upon the appropriations that are owed to them by the state."

"Right."

"So, that is a tricky situation, but there is specific language to keep us from being specifically obligated."

"Okay. In terms of the procurement process of those… or the process of borrowing, and the university using their… their financial expertise or experts or whoever they procure to borrow money from when it goes to market?" 09600138.doc 28  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"Yeah. My understanding is this that all the universities have financial experts. I mean, they're large entities, right, and they have huge budgets, and they have people within those communities which are experts in this field. I talked to some of them with regards to this Bill and working through it, and creating the correct financial legislation to make this work for everyone."

"Okay. So, in terms… I'm just trying understand and make sure that they would have to go through any particular RFP or any particular…"

"I think it would be consistent with what they do otherwise at the university. We didn't do anything to change that."

"Well, this sort of goes into Representative Myers' question in terms of timing. Would they have to… going through that process, knowing the fact… let me say, I support the Bill.”

“Yeah.”

“So, going through the… the process of determining how much is due to them, only enable to, I believe, cap up to 75 percent of what is due."

"That's right."

"Then, going through that process, do you think that will delay or are there mechanisms in place that will make sure that they get their money to deal with some of the tremendous problem…"

"They were… they were comfortable with it which made me comfortable. They were comfortable with it…"

"Grant the Gentleman an additional minute." 09600138.doc 29  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"They were comfortable with it, so I was comfortable with it."

"Okay. And in terms of… okay. Thank you… thank you. Ladies and Gentlemen, to the Bill. As other previous speakers have spoken, I believe this is sort of a tool of last resorts for many of the universities to try to keep their costs down, to try to have some predictability towards parents and students who are trying to attend a college in these very difficult economic times. This was presented to me as a concept. I want to commend the Sponsor for working through all the various issues that have arisen to make sure that our students are educated and make sure they're competitive in a global market. I would ask all the Members of the House to support this legislation. Thank you."

"Further discussion? Representative Davis." Davis, W.: "Thank you. Mr. Speaker, can the Clerk please answer a question in terms of what Amendments have been adopted or that we're…"

"Mr. Clerk." Davis, W.: "…trying to address with this Bill?"

"Yes."

"Yes." 09600138.doc 30  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 Davis, W.: "Representative, I just wanted to make sure in terms of asking about the Amendments, because we understood that there was an Amendment that dealt with student trustees… or trustees… or the Board of Trustees."

"Yeah. That's been withdrawn." Davis, W.: "That's been withdrawn? Thank you very much, Representative. To the… then, to the Bill, Rep… Mr. Speaker."

"To the Bill." Davis, W.: "I happened to have had a fairly lengthy conversation with President Poshard of Southern Illinois University with regard to the short-term borrowing. And we all know that Glenn Poshard is a… has been an elected official, he's been a Member of Congress, probably held other positions at the state level, and certainly as a President of a university, I don't think that he's going to do anything that would harm this particular university. While he can't speak for the others, he can speak for that one. And while no one probably thinks that this is what we should be doing, but right now, this is what's on the table. It's unfortunate that we as a Legislature probably haven't stepped up to do what we need to do to make sure that universities have the ability to function and operate without having to go this pass, but nevertheless, it's… while it's not the… not certainly the best option, it's an option to help our state universities get through and if I'm not mistaken, we're only talking about them being able to borrow only what… only their… what would have been their state appropriation. So, we're not giving them unlimited 09600138.doc 31  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 or unbridled authority to be able to borrow and as much as they want to fund their universities. But when it comes to universities and their funding, there's a number of things that we need to be mindful of. And it's unfortunate but I'm mindful and, in committee, having heard that one of the presidents of one of our state universities makes more than the President of the United States. Those things are things that we need to be addressing. And it's unfortunate that we have to go down this path, but this is going to be able to help our universities give them a little bridge and give us the opportunity to continue to work as a Legislature to put the necessary things in place, like a House Bill 174, some version of a House Bill 174, that we know can help give revenue to state universities and put money in the university system. These are the things that we are… should be doing, but in the interim, I'm happy to support the Gentleman's… Gentleman's Bill. I'm a Sponsor of the Bill…"

"Grant the Gentleman an extra minute." Davis, W.: "I am a Sponsor of the Bill and encourage all Members of the General Assembly to support this Bill to help our universities right now in the short-term, but hoping that at some point in the very near future, we can really be able to come back and have true substantive dialogue about working to make sure that we do things to help all sectors of State Government, including state universities and that will be working toward the passage of House Bill 174 or a Bill similar to House 71… House Bill 09600138.doc 32  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 174 that helps provide a lot of additional revenue for the state. Thank you very much."

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

"Yeah."

"Yes."

"Well, there was actually a healthy discussion about whether or not we should put the potential change, the lapsed period in the Bill. We were mindful of that in crafting the timelines that are in here, but there was feeling of the attorneys involved that actually putting the lapsed period language was not necessary because if the lapsed period changed…"

"…it would apply to this Bill."

"We didn't put it in this Bill, but this Bill would be under that, so there was not a feeling that…"

"…we needed the specifics, say, if the lapsed period is changed. If the lapsed period is changed…"

"…it would apply to this Bill."

"Correct."

"It's a line of credit. They can… they can get a line of credit or a promissory note for the full amount that's owed, but they can only borrow 75 percent of that."

"Further discussion? The Lady from Cook, Representative Mulligan. And I would ask Members once again to bring the volume down inside the chambers."

"He indicates that he will."

"Well, this is for only FY10; the other proposal was for longer. The idea would be to get them through this period that we're in and then see where we're at next year."

"No. We specifically, in the spending plan, make them set forth and it's supposed to be for frontline personnel."

"We don't have a legal obligation, but I think you and I both know that this is borrowed against state appropriations."

"We're not going to sign the documents."

"And they got no guar… they got no guarantee language in the Bill."

"Again, the state is not the moral obligation on these. We're not signatories to it, we're not parties to it, but we appropriate the money for it. So, there's only two or three sources that can pay for these. It's either state appropriations or it's the fees that they collect within the universities themselves. So, we're predominantly the funding source. They do have other funding sources. Hopefully, they don't get to that point."

"They… they… that's what the language says."

Speaker Mautino: "Turn the Lady's mic back on, granted an additional minute."

"They have to use the moneys that they received to repay the money they borrowed."

"That's correct."

"Yes."

"No. The idea there is, is originally we wrote it for a line of credit. On a line of credit, they would have to repay it within 60 days of receiving it. One of the universities wanted to be able to do a promissory note. There's some concerns about the terms of the promissory note that if we forced payment that there could be prepayment penalties. But they understand that the legislative intent is, when they get the money that they're supposed to repay it to the state as quickly as possible, and I believe that's what the language of the Bill says."

"Further discussion? Representative Soto." 09600138.doc 37  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"Thank you, Speaker. To the Bill. Am I ready? Okay. I'm in very strong support of this piece of legislation. I think it's a wonderful legislation. I applaud the Sponsor of this Bill. I think that we all know what we need to do in this state. We were elected to make sure that our children get educated and that we do the best that we can for them. So, I just want to echo my colleagues, and I urge an 'aye' vote. Thank you. We know what we need to do. Thanks." Speaker Mautino: "Further discussion? Representative Jakobsson."

"Thank you, Mr. Speaker. Well, State Government is in its worse fiscal situation that we've seen in decades. We all know this and I believe in this room, our state universities still need to meet their financial obligations and we haven't done that. I want to thank the Sponsor of this legislation for help making this possible by allowing universities to engage in this short-term borrowing. They need to be able to do this. They need to meet payroll. They need to be able to pay their university employees because, as it has been said, we know we have the obligation to see that our young people have an education, and when the universities are able to do this borrowing, able to pay their staff and employees, our young people will continue to receive the world class education that they should get from Illinois and that they'll be able to get from Illinois. So, thank you very much. I urge an 'aye' vote." 09600138.doc 38  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"The Gentleman has moved passage of Senate Bill 642. Representative Bradley to close."

"Again, this is an extraordinary request during extraordinary times. And I appreciate all the discussion and everyone's hard work on this. And I would ask for an 'aye' vote."

"The Gentleman has moved passage of Senate Bill 642. 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 Hannig, Leitch, Cultra, do you wish to be recorded? Mr. Clerk, take the record. 87 voting 'yes', 28 voting 'no', 2 voting 'present', Senate Bill 642 has received the Constitutional Majority and is declared passed. Representative Kosel."

"State your point."

Speaker Mautino: "Welcome to the House of Representatives. Representative Flider."

"Yes. Thank you, Mr. Speaker. Point of personal privilege."

"State your point."

"Yes. Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I'd like to ask you to help me welcome a group of students who are here who have been working with me 09600138.doc 39  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 throughout the Spring Legislative Session. They're my student advisory council and they're from Decatur. Lutheran School Association, Eisenhower High School and Mt. Zion High School and they're in the gallery on the right here. If you'd stand and if you would please welcome them to Springfield and give them a round of applause for being here. Thank you."

"Welcome to the House of Representatives. Mr. Clerk, on page 5 of the Calendar appears Senate Bill 43, under Senate Bills-Second Reading, Representative Fritchey. Read the Bill. What's the status of the Bill, Sir?"

"Representative Fritchey on Floor Amendment #3."

"Inquiry of the Clerk. Was Floor Amendment 2 withdrawn?"

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

"Okay. Thank you. Then Floor Amendment 3 becomes the Bill and we just debate it on Third Reading. I just simply request we adopt it right now."

"The Gentleman… the Gentleman moves adoption of Floor Amendment #3 to Senate Bill 43. On that question, Mr. Reis."

"He indicates that he will." 09600138.doc 40  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"Well…"

"I think what you're looking for is this. This Bill no longer has anything to do with enterprise zones. It has to do with CTA pension obligations, but we can take that up on Third Reading. It in no way, shape or form has anything to do with the prior content of the Bill."

"I had a hunch."

Speaker Mautino: "The Gentleman moves adoption of Floor Amendment #3. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. The Amendment is adopted. Mr. Clerk, further Amendment?"

"Place this Bill on Third Reading. Read the Bill."

"Representative Fritchey."

"Thank you, Speaker. I think the previous speaker and many others may be relieved to know that in addition or not this, having nothing to do with enterprise zones, this is actually, after 14 years, the last Bill that I'll have the privilege to present on this floor. What this Bill 09600138.doc 41  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 does do, however, is deal with certain changes to the health care benefits for Chicago Transit employee… Chicago Transit Authority employees and retirees. Specifically, it looks to move retirees from a PPO into a HMO which should result in a savings of approximately $3,400 per participant per year. It also makes some changes as to the eligibility for health care benefits. And we know actually not only of any opposition, but this Bill is supported by the Amalgamated Transit Workers, by the RTA and by the CTA. We'd be happy to answer any questions. Otherwise, I would ask and hope that this being my last piece of legislation, I can at least get it passed. Thank you."

"The Gentleman moves passage of Senate Bill 43. On that question, the Gentleman from Crawford, Representative Eddy."

"I would look at this as a continuation and extension of the reforms that were made when we had revised the mass transit funding scheme before and looking at other ways to… on certain other levels make this more efficient and try to find ways that we can make sure that we are covering the appropriate amount of people in the appropriate manner."

"Well, I… I think the Bill, without question, took us in the direction we needed to go with keeping mass transit viable in the region. The reforms that are being made here… the changes that are being made here really fall into two categories. One would be the level of benefits from the standpoint of taking them from a PPO to a HMO, which as I said results in a significant savings for each participant in each year. And then we changed the eligibility requirements somewhat as well at the request of the authority."

"By going from a 100 percent PPO to a 100 percent HMO, it saves the trust money at the end of the day, which in turn… you know, those savings are savings that are, you know, really reaped by everybody, whether or not you work for the CTA or whether, you know, whether or not you ride mass transit."

"Well, they're more than okay with this, they're proponents of this. To the extent that this funding is in a trust right now, you know, anything that can save the trust money, you know, helps it make it healthier or more solvent, and that's in… obviously, the best interest of the people that, you know, depend on those benefits.”

"I think probably the most effective thing I could do is really just read from our analysis. I think that would help cover this. You know, we previously had a situation where there was a window for individuals with at least 25 years of service, but less than 55 years of old… 55 years of age, to retire prior to January 1 of 2009 and receive benefits. What we're doing now is switching this over to a 25 years service had they been hired prior to September 5 of 2001."

"That's… that's correct. And this one was an option of the collective bargaining agreement between the CTA and the Amalgamated Transit Union."

"Well I think you're going to have an increase in the numbers of individuals that would be covered under the benefits. So, to the extent that, you know, any individual 09600138.doc 44  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 that's covered has costs associated with that individual, sure."

"Well, I think it's tough to say. You know, the CTA, you know, it kind of operated as a politburo to a certain extent for a number of years, but we now have a situation where, you know, without knowing the number of people that are actually going to come into the plan, you know, for me to give you any other… for me to give you any hard estimate would simply be hogwash, candidly."

"No, we're not looking at state dollars that are going to come in. If you look at the flow of dollars into the trust, it's a tributary of resources coming in, then the money is going to come from either one end or the other but not from the state."

"I thought I was doing everybody a favor, but I appreciate that, Representative."

"And as a present on your last Bill, 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? Representative Bost, Representative Lilly, do you wish to be recorded? Mr. Clerk, take the record. 74 voting 'yes', 43 voting 'no', 0 voting 'present', Senate Bill 43, having received the Constitutional Majority, is declared passed. On page 8 of the Calendar appears Senate Bill 2523 under Second Readings, Representative Holbrook. Mr. Clerk, the status of the Bill."

Speaker Mautino: "Floor Amendment #2 on Senate Bill 2523, Representative Holbrook."

"Thank you, Speaker. Amendment #2 is an Amendment filed by Representative Currie. It meets the needs of the Illinois Taxpayer Federation Group that had not made those needs expressed when we first pas… had this Bill. It… with this, it eliminates their opposition and we know of no other opposition. I'd move for its adoption, and move it to Third so that we could debate the Bill, if needed." 09600138.doc 46  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"Motion to adopt Floor Amendment #2. All in favor say 'yes', opposed 'no'. The 'yeses' have it. The Amendment is adopted. Mr. Clerk, further Amendments?"

"Third Reading. Read the Bill."

"Representative Holbrook."

"Thank you. This is a trailer Bill on the business district. As amended now, there is no opposition known to this Bill. Be glad to take any questions."

"The Gentleman moves passage of Senate Bill 2523. Seeing no questions, the question is, 'Shall this Bill pass?' All in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Biggins, Representative Coladipietro, Ramey, Reboletti, Rose, do you wish to be recorded? Mr. Clerk, take the record. 90 voting 'yes', 27 voting 'no', 0 voting 'present', Senate Bill 2523, having received the Constitutional Majority, is declared passed. Page 8 of the Calendar appears Senate Bill 3089. Mr. Clerk, what's the status of that Bill?"

"Place that Bill on Third Reading and read the Bill." 09600138.doc 47  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"Majority Leader Currie."

"Thank you, Speaker. This measure does two things, as amended. It provides that the EDGE Tax Credit would be available to manufacturers of heavy trucks and it also extends the date for the application for the EDGE Credit by 180 days. And there are a couple of important manufacturing concerns that this will apply to. Basically, it monetizes the EDGE Credit for one and expands the application time for another. So, I'd be happy to answer your questions and I'd appreciate your support for passage of Senate Bill 3089."

"The Lady has moved passage for Senate Bill 3089. No one seeking recognition, 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 Fritchey, Black, Howard. Mr. Clerk, take the record. 117 voting 'yes', 0 voting 'no', 0 voting 'present', Senate Bill 3089, having received the Constitutional Majority, is declared passed. On page 7 of the Calendar… excuse me. The Lady from DuPage, Representative Bellock."

"State your point."

"Good luck today and welcome to the House of Representatives. On page 7 of the Calendar appears Senate Bill 1526. Mr. Clerk, what's the status of that Bill?"

"Majority Leader Currie on Floor Amendment #3."

"Thank you, Speaker. I move adoption of Amendment #3 to Senate Bill 1526. This makes some major changes in the Lobbyist Registration Act. Perhaps most important, it reduces the fee for lobbyist registration from $1,000 as we had it in, I believe, Senate Bill 54 last year to $300. The Secretary of State believes that they would be able to make the Act work if the fee is set at that level. Obviously, we may need to revisit the issue. It also permits the Secretary of State to require someone who claims they're not covered by the Act to certify that they are not. And it makes sure that lobbyists do not serve on state boards or commissions and it also talks about how long people have… lobbyists have to go through ethics training. I'd be happy to answer your questions. I think this a big improvement for the lobbyist community over what we had before, but it also clarifies a lot of things that were not altogether clear in the Act that passed and has been signed by the Governor." 09600138.doc 49  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

Speaker Mautino: "The Lady has moved adoption of Floor Amendment #3. On that question, the Lady from DuPage, Representative Bellock."

"She indicates that she will."

"It is higher for the not-for-profit community than it used to be, used to be 150 for them, 350 for everybody else."

"But there is a question whether legally we can make the distinction between lobby groups, depending on what their tax status is. So, this just applies the $300 figure across the board. As I said, the Secretary of State thinks that they can make this new computer program and so forth work with that fee, but we may have to revisit the issue."

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

"Indicates that she will."

"By statute…"

"or by Executive Order.”

"But it would… it only applies to state activities, not to local governments."

"So, there are 150 boards and commissions that are state created, either by Executive Order or by state statute and the prohibition against lobbyist service would apply to those."

"Or Exec… or…"

"Only if it applies to the state. So, if you're talking about a state statute that created local governments, that would… they would not be covered."

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

"Indicates that she will."

"Yeah. They are required to do ethics training, yes."

"From the Secretary of State and they have 30 days to do the ethics training."

"Yep. Otherwise they face enforcement actions by the Inspector General in the Secretary of State's Office."

"An individual citizen lobbyist is not required to register."

"If she's not paid, if she's not compensated for her activities here in Springfield, she would not be required to register and pay."

"Up to $500."

"Further discussion? The Gentleman from Knox, Representative Moffitt."

"Indicates that she will."

"No, we think… according to the work we've done with Secretary of State's Office, they believe that this fee, the fee, the $300 that is in this Amendment, will be adequate to cover their costs because, remember, we're requiring a lot more of the Secretary of State's Office and they're doing a whole new computer program, and they believe this fee will cover those costs. So, we don't think the state loses money on this at all. As I said in my opening remarks, it's possible the Secretary of State was wrong, so it's conceivable we would have to come back and revisit the issue of the registration fee. But this number represents the Secretary's best guess at what it will take to enforce the Act."

"Right."

"In part, yes. But also in part a response to a determination by the Secretary of State that the fee that we imposed in the initial legislation was higher than what was required to get the job done."

"No." 09600138.doc 53  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"No. No one ever paid it."

"The issue was tied up in litigation, as you point out."

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

"Third Reading. Read the Bill."

"Majority Leader Currie."

"Thank you, Speaker. I think I discussed this pretty thoroughly. We've all discussion it pretty thoroughly at the Amendment stage. And what we have on Third Reading is exactly what I described just a moment ago. I appreciate your 'yes' votes."

"The Lady's moved passage of Senate Bill 1526. No one seeking recognition, all those 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 Flider, Acevedo, Jackson, Jefferson, do you wish to be recorded? Mr. Clerk, take the record. 116 voting 'yes', 1 voting 'no', 0 voting 'present', Senate Bill 1526, having received the Constitutional Majority, is declared passed. Representative Acevedo." 09600138.doc 54  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"Mr. Speaker, I rise on a point of personal privilege."

"State your point."

"Mr. Speaker, a little while ago, we just finished a memorial for the fallen police officers. I would hope that in the future you would take into consideration that we don't have Session during the time that we're having the police memorial due to the fact is that a hero is not someone who hits a homerun or scores a touchdown. The hero is the man who puts… man or woman who gives… pays the ultimate sacrifice with their lives. And it's only right that we, as Legislators, go out there and honor the fallen heroes and the families. So, please, I would just ask that you take it into consideration in the future that we have some time to go out there and pay our respects. Thank you, Mr. Speaker."

"The Lady from Cook, Representative Mell."

"Mr. Speaker, on that previous Bill I would like to be recorded as a 'yes' vote."

"The record will reflect your intentions to vote 'yes' on Senate Bill 1526. Representative Stephens."

"Page 7 of the Calendar appears Senate Bill 2487. What's the status of the Bill, Mr. Clerk?" 09600138.doc 55  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"Are there any Amendments?"

"Third Reading. Read the Bill."

"Majority Leader Currie."

"Thank you, Speaker. This Bill transfers the Grow Your Own Teacher Program from the State Board of Education to the Board of Higher Education and requires the data collection that is supposed to be part of the Grown Your Own Teacher Program to be conducted jointly by the State Board of Education and the Board of Higher Education. I know of no opposition and I'd appreciate your 'yes' vote."

"Lady moves passage of Senate Bill 2487. On that question, Representative Eddy, the Gentleman from Crawford."

"Indicates that she will."

"I think the value is that it's the Board of Higher Education that sets the criteria and is comfortable with the credentialing process for publics and private school teachers. So, I think there was a general sense that that 09600138.doc 56  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 was a more appropriate home. This is not, after all, the students; this is the people who are going to be part of the teaching workforce. So, I think there was a sense that that was a better home. The data compilation, however, which is going to continue to deal with… the staff school hardest… hard to staff areas of the curriculum, that will continue to be a joint activity between the state board and the Board of Higher Ed."

"Joint…"

"And that'll be done jointly by ISBE and the Board of Higher Ed."

"Yes."

"No."

"No, this is just a substantive Bill that just changes the home."

"Totally separate."

"Right. Although that appropriation, I don’t think, was specific to the home of the Grown Your Own Teacher Program."

"I think it depends on… see, I don't think much of that money is going to the state board today. I think what's happened with that money is that it is used to help recruit, develop a teaching workforce that fits within the Grow Your Own Teacher model."

"Right."

"Right. Right."

"Thank you."

Speaker Mautino: "Further discussion? The Gentleman from Champaign, Representative Rose."

"Yes, she will." 09600138.doc 58  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"It was, I believe, deleted."

"Right."

"There was…"

"There was significant opposition to the measure as it passed the Senate from the State Department of Revenue. So this Bill…"

"It did."

"There were a handful who were requesting this. I think there are two different kinds of investigators and the handful that were requesting this, I think, brought on opposition from the department. I think, for other investigators in the Department of Revenue, there was support for some expanded authority, but that is not this Bill."

Speaker Mautino: "No one seeking further recognition, the question is, 'Shall this Bill pass?' All in favor vote 09600138.doc 59  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 '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… Representative Feigenholtz, Beaubien, do you wish to be recorded? Mr. Clerk, take the record. 112 voting 'yes', 5 voting 'no', 0 voting 'present', Senate Bill 2487, having received the Constitutional Majority, is declared passed. Page 9 of the Calendar is Senate Bill 3658, Representative Farnham. Mr. Clerk, what's the status of this Bill?"

"Floor Amendment #2, Representative Farnham. Representative Currie."

"Thank you. This just makes one substantive change and a bunch of technical changes. It makes the sales tax holiday, that is the substance of the Bill, effective for one year only. So, I would appreciate your support."

"The Lady moves adoption of Floor Amendment #2. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. The Amendment is adopted. Mr. Clerk, any further Amendments?"

"Third Reading and read the Bill."

"Representative Farnham." 09600138.doc 60  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"Thank you, Mr. Speaker, Members of the House. Senate Bill 3658 amends the Use Tax and Retailers Occupation Tax Act. Provides that from August 6, 2010 through August 15, 2010, on the first Friday in August and ending on the Sunday occurring nine days thereafter, the tax imposed under the Act on clothing and school supplies shall be at the rate of 1.25 percent instead of 6.25 percent. I entertain any questions."

"The Gentleman has moved passage of Senate Bill 3658. On that question, the Gentleman from Vermilion, Representative Black."

"Grant the Gentleman an additional minute." 09600138.doc 63  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

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

"Indicates that he will."

"It's all school kids."

"No."

"What does that have to do with this?"

"I voted against the voucher Bill. I believe in public education."

"I don't see that this has anything to do with that."

"Inconsistent? I don't…"

Speaker Mautino: "Further discussion? The Gentleman from McHenry, Representative Franks."

"Thank you, Mr. Speaker. I'm going to speak to the Bill and I want to thank the Sponsor. We finally got a Sponsor here who can get this Bill passed. Many of us have done this Bill before. Representative Cross had done it. I had filed it years ago after going to Florida on a family vacation. But I tell you, I'm just fascinated with the new Republican position against economic stimulus and tax cuts. I think it's amazing that that's what they're arguing now. Because the empirical evidence is clear when the State of New York did this, I think in 2000, when we first tried to get this Bill passed, it created 13 thousand jobs. There was over a billion dollars of extra sales during that week and there was no falloff from the previous week or the subsequent week when they didn't have those sales. This is all about economic stimulus. It's creating jobs. It's putting people to work. It's creating sales. This helps not only school children and their parents, and you know, those of us with kids when they go back to school, I can tell you, you're buying jeans, you're buying gym shoes, you're buying all these supplies. The average family pays about $400 per child before they go back to school. So, 09600138.doc 65  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 this is significant savings to them. But it's not just for the kids going back to school, it's also for anybody else and it can really help our seniors who are on fixed incomes. This is when they do their shopping. Now, it may not make logical sense that people will go and shop when there's a 6 percent decrease in sales tax, but the fact of the matter, for some reason it works. You know if a retailer has a 10 percent sale, they're not seeing their sales spike, but when we've seen this in other states, when they do this exact program, sales skyrocket. It's great for the economy, it's great for our citizens in a time in this economic doldrums that we're in. Anything we can do to help our working families, we ought to do. Everyone should be voting on…"

"Would the Gentleman finish his remark."

"I heard the nonsensical arguments of the previous speakers, ignore them. Do what's right. Vote for the citizens of the state. Vote 'aye'."

Speaker Mautino: "Further discussion? The Gentleman from Champaign, Representative Rose."

"Indicates that he will."

"That's correct."

"U-46 is the main school district." 09600138.doc 66  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"I don't have the exact figure. I know it's substantial. What's that have to do with this particular Bill?"

"To go to buy clothes."

"We seem to be talking about other bills. I seem to recall a Bill last week where I brought $22 million to that particular school district."

"I certainly worked very dif… very hard for the…"

"…for my school districts. But this is fighting for the people who have families, who have kids."

"The hundreds of kids…"

"…that I see sitting on the gym floors that have worn out shoes, that have worn out clothes, and whose parents can't afford to buy them clothes." 09600138.doc 67  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"This gives them some help."

"Grant the Gentleman an extra minute."

Speaker Mautino: "No one seeking further recognition, Representative Farnham to close."

"You know, I understand that. And I believe that we need to be… to work on this, to clean up our State Government, to actually bring our spending back into line. This is about families. This is about families that have children that we see every day. That I see every day when I go visit these schools and I see them with shoes that don't fit, with clothes that are worn out. This is about people being able to take their kids and bring them to school with a sense of respect. This will create jobs and it will help families. I urge a 'yes' vote on this."

"The Gentleman has moved passage of Senate Bill 3658. All in favor vote 'yes'; opposed vote 'no'. 09600138.doc 68  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk… Representative Feigenholtz, Gordon, Mitchell. Mr. Clerk, take the record. 65 voting 'yes', 51 voting 'no', 0 voting 'present', Senate Bill 3658, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3716 appears on page 9 of the Calendar under Senate Bills-Second Reading. Mr. Clerk, status of that Bill?"

Speaker Mautino: "Third Reading. Representative Lang. Representative Hoffman, Senate Bill 3716. Read the Bill."

"Representative Hoffman."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 3716 would create a task force to create the Global Positioning System Technology and the Designated Truck Route System Task Force. As you know, several years ago, I believe I was a Sponsor of a Bill that required local governments to provide a listing of all Class I, Class II and Class III designated streets and highways and have IDOT maintain and provide an official map of designated truck routes in Illinois. We have seen and we have read about accidents that have occurred because some of the Global Positioning Systems regarding truck routes have not been accurate where trucks have went on… into areas where the bridges were too low and accidents 09600138.doc 69  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 have occurred. So, we're asking is that this task force be approved and that it report back regarding recommendations concerning whether or not we should address advances in Global… GPS technology, as well as the effectiveness of the Designated Truck Route System."

"The Gentleman moves passage of Senate Bill 3716. On that question, the Gentleman from Crawford, Representative Eddy."

"Indicates that he will."

"Mr. Clerk."

"Yes. The underlying Bill established a task force and the makeup of the task force. There were two Amendments that were adopted in committee. They were… they were line Amendments that one of them indicated that one member… one member of the task force would represent the county engineers and we would make sure that county engineer… highway engineer was on the task force. And the second one was indicated that we don't… the Legislature will… Legislature will not have to provide support staff so 09600138.doc 70  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 that there would be no cost to the Legislature and that the support staff would be provided by IDOT."

"Well, I discussed this with the Mid-West Truckers Association. They are in fact neutral. In committee they did talk about their philosophy; however, this is simply a task force. And if we're going to move forward with some kind of an accurate GPS system, an accurate truck route system in Illinois, we're asking the task force to meet and come up with recommendations. If we were to do anything further, if we were to attempt to adopt the task force recommendations, we'd have to come back to the Illinois General Assembly and then we would look at those recommendations. I'm not saying, at this point, I'm in favor or against any recommendations, just that I'm in favor of this task force being created to come up with recommendations."

"The task force must conclude its activities no later than January 31, 2011."

"Well, in the task force…"

"Well, if it were up to me, I would… I would assume that one of these appointments are going to be to the Mid- West Truckers. We didn't…"

"…write… we didn't write into the Bill the Mid-West Truckers have to be appointed. I don't think…"

"Grant the Gentleman an extra minute."

"Yes. They… they will meet within 60 days of the effective date of the Act, must meet at least two additional times prior to September 31, 2010. All those meetings would be open to the public. I assume that they would take testimony. It's my intent, for legislative intent purposes, that they would take testimony from 09600138.doc 72  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 everybody in the industry and that the truckers who will be… who could potentially be affected by any recommendations would have great input into this task force."

Speaker Mautino: "Further discussion? The Gentleman from Jackson, Representative Bost. The Gentleman from Menard, Representative Brauer."

"Further discussion? The Lady from Grundy, Representative Careen Gordon." Gordon, C.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"He indicates that he will." Gordon, C.: "Representative Hoffman, it says that one member is going to be represent a unit of county government appointed by the Speaker of the House of Representatives. And that's 09600138.doc 73  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 how it's described, right? That's… that's the actual wording. It's on page 1, line 13 to… 13 and 14. So, the unit of county government, that could be, I don't know, like the dog catcher or animal control person or somebody like that, right?"

"Well, no. Well, I guess…" Gordon, C.: "But it doesn't say that."

"If you were to look at the Amendment #1, it would in… it indicates that the one member must be representing the county engineers and they would be appointed by the Minority Leader of the House. And I can't…" Gordon, C.: "Well, I totally understand. I don't have the Amendments on our wonderful computer system here, so… you know…"

"I have the Amendment." Gordon, C.: "Okay."

"It's Amendment #... Committee Amendment #1." Gordon, C.: "So, it has to be a county engineer?"

"Yes." Gordon, C.: "And the same thing with the municipal person? Can't be the local dog catcher?"

"Well, I would hope that we could trust the Minority Leader of the House. I know him personally." Gordon, C.: "Do you?"

"Seems like a very nice guy, and I think he's a quasi intelligent guy." Gordon, C.: "Okay."

"And I don't think… I don't think that he would appoint a dog catcher to be on this task force, but…" 09600138.doc 74  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 Gordon, C.: "Okay. And then, finally, you're creating a task force, right? A task force? Why do we need another task force when there's a bunch of experts out there who could do this and bring us the legislation? But we're going to put some Legislators on, I got six seconds left. Why are we creating another task force?"

"Well, that's a very good question, Representative."

Speaker Mautino: "Therefore, give him another minute to answer."

"The reason… the reason is it's a very complicated subject. We're trying to get all the truck routes, all the markings from the local governments, from the counties, from the townships, get them all into one location, and then determine how best to allow a GPS system to be put together, so that the trucks wouldn't be safety hazards and going into areas where potentially the bridge is too low for them to go through. We're attempting to…" Gordon, C.: "I… I got…"

"…to make public safety recommendations." Gordon, C.: "I have a fantastic trucking company in my district, Cardinal Transport. It's run by Jack Riley. He's a very dear friend of mine. It's unbelievable the technology now that they have. And I find it… I find it amazing that we need another task force in the State of Illinois to do all of this when I believe the trucking industry is so far beyond what so many people believe that they are, that we're going to bring Legislators on to a task force where so many of them really may not be experts 09600138.doc 75  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 in what the trucking industry truly is. And so just creating another task force to me in this area…"

"Allow her to finish her comment. Turn the Lady's mic back on." Gordon, C.: "It just might be a little unnecessary. Thank you, Mr. Speaker."

Speaker Mautino: "No one seeking further recognition, Representative Hoffman to close."

"Since her time did run out, I'd like to address the Lady's question. The reason we wanted to bring all the experts and the industry together as well as IDOT and IDOT is keeping all these records from all the municipalities regarding truck routes. So, to get IDOT involved, to get all the experts involved to make sure that safety is our number one concern in putting together the information that ultimately will go on a GPS system, that's why we want the task force. I ask for a favorable Roll Call."

"No one seeking recognition, the Gentleman moves passage of Senate Bill 3716. 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 Currie, Representative Sacia. Mr. Clerk, take the record. 99 voting 'yes', 18 voting 'no', 0 voting 'present'. Senate Bill 3716, having received the Constitutional Majority, is declared passed. Representative Froehlich."

"Thank you, Mr. Speaker. I rise for a point of personal privilege."

"State your point." 09600138.doc 76  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"There is a group of history students here today. They're in the gallery in the back from Mead Junior High in Elk Grove. They're with Mr. Fletcher. Like to ask you to join me in giving them a warm Springfield welcome. Mead Junior High."

"Welcome to the House. On page 8 of the Calendar is Senate Bill 3180, Representative Pihos. Mr. Clerk, what's the status of the Bill?"

Speaker Mautino: "Representative Schmitz on Amendment #2. Representative Schmitz on Floor Amendment #2 to Senate Bill 3180."

Speaker Mautino: "The Gentleman moves adoption of Floor Amendment #2. No one seeking recognition, all in favor say 'yes'; opposed say 'no'. The 'yeses' have it. Floor Amendment #2 is adopted. Mr. Clerk, any further Amendments?"

"Third Reading. And read the Bill." 09600138.doc 77  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"Representative Schmitz."

"The Gentleman moves passage of Senate Bill 3180. No one seeking recognition, the question is, 'Shall this Bill pass?' All in favor vote 'aye'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Davis, Representative Lang, do you wish to be recorded? Mr. Clerk, take the record. 117 voting 'yes', 0 voting 'no', 0 voting 'present'. Senate Bill 3180 is declared passed. Mr. Clerk, page 9 of the Calendar appears Senate Bill 3721, Representative Currie. Mr. Clerk, what's the status of the Bill?"

"Mr. Clerk, take this Bill out of the record. It's the intent of the Chair to go to Senate Bills on Third Reading. On page 3 of the Calendar appears Senate Bill 2525, Representative Reitz. Read the Bill."

"Mr. Clerk, take this Bill out of the record. Representative Brady, Senate Bill 3010. Out of the record. Representative Mell, Senate Bill 3084 appears on page 4. Mr. Clerk, read the Bill. Mr. Clerk, this Bill's on Third Reading. Would you return it to Second Reading. And status of the Bill, Sir?"

"Representative Mell."

"Mr. Speaker, Ladies and Gentlemen of the House. I'd like to not adopt Floor Amendment #2 and move the Bill to Third Reading."

"Representative Mell."

"Okay. I apologize for that, Mr. Speaker. I'd like to withdraw Floor Amendment #2 and then move the Bill to Third Reading, please."

"Mr. Clerk, withdraw Amendment #2. The Lady makes… Mr. Clerk, withdraw Amendment #2. Further Amendments?"

Speaker Mautino: "Place the Bill on the Order of Third Reading." 09600138.doc 79  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"Representative Mell."

"Mr. Speaker, Ladies and Gentlemen of the House. This is a Bill that I tried to run yesterday and there was some issues regarding a part of it. I've worked it out with the parties and I would just like to run the Bill as it is. Again, it is a… it's a loophole that says that certain sex offenders against children didn't have to be on the registry. This now says that they have to be."

"The Lady moves passage of Senate Bill 3084. And on that question, the Gentleman from Crawford, Representative Eddy."

"State your inquiry, Sir."

"Yes. Mr. Clerk, status of the Bill?"

"The Amendment was withdrawn and the Clerk has told you the status."

"Yes, she will."

"No."

"Yes, it does."

"Well, on the 10 year registry, you would have included sexually motivated kidnapping, aggravated kidnapping, unlawful restraint, aggravated unlawful restraint of a minor, sexually motivated child abduction of a minor under 16, sexually motivated forcible detention of a minor, indecent solicitation of an adult to engage in sexual acts with the minor, soliciting for a minor prostitute and pandering or pimping a minor, a third or subsequent offense of public indecency, incest permitting sexual abuse of a child. On the lifetime registry would be sexual predator offenses, first degree murder of a child under 18."

"Now… now, that last one was the sticking point yesterday. And we looked into it and I've talked to the Members who had issues with it and we're comfortable with it right now."

"You know, it is a concern still and we are going to look at regarding, you know, maybe an AV or something along the line. But I've talked to all the parties and they're comfortable with me running the Bill as it is."

"Okay. Sorry, I wasn't clear."

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

"She indicates that she will."

"It would be immediately."

"Yes. We've… right now, it's up to the State Police how they notify. They could either do it by mail or in person. We've given this… we've worked with them closely to give them a lot of leeway ‘cause we know this is going to be a little bit of a burden."

"Yes. Absolutely. And also, Amendment #1 doesn't put a time restraint on the amount of time that the State Police have to notify."

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

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

"She indicates that she will."

"Thank you. Representative, let me first say, I want to thank you just for the time that you've given me over 09600138.doc 83  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 the last day or so and staff as well to try to correct this. There exists in the Bill… I think you're in agreement with me a potentially fatal flaw in that, in the interim, what this Bill would do, would take violent offenders and categorize them as sex offenders. So, what would happen, as a result to that is, an individual that may have committed a violent crime against another teen, a teen that shot another teen, maybe 30 years ago. They would now be on the sex offender registry. That could require them to quit their job depending on what type of job they have, sell their home depending on where they live. These are all things that you're not intending to do, is that correct?"

"No, absolutely not, no."

"And I really just want to clarify this for the record. You and I have had these discussion, but I think the Body needs to know this as well. It's my opinion, and I think yours as well, that this Bill can be remedied by a language change that would take the violent offenders as previous… as currently set forth in statute, those individuals that would be currently required to register on the violent offenders against youth registry. And we could make an Amendment through an Amendatory Veto that would change this Bill to make sure that currently established sex offenders get registered just as you're seeking to do, but those individuals whose crimes had no sexual component and which are presently categorized as violent offenders against youth, would simply be put directly into the 09600138.doc 84  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 violent offenders against youth registry rather than going through the sex offender registry. Is that correct?"

"That's correct."

"And your opinion that an Amendatory Veto by the Governor's Office would be consistent not only with the intention of the Bill…"

"That would be my hope."

"But that an Amendatory Veto to do what we just discussed, would not only be consistent with the Bill but would also be within the Governor's authority and scope of a proper Amendatory Veto. Is that correct?"

"That is correct. But I'd like to also say that, right now, there is a process for people to get off of the sexual offender registry on to the violent offenders registry by petition."

"But that petition process takes months. And in the interim, if they did not sell their home or quit their job, they would become felons?"

"It's a half page form and I'm not sure if it takes months."

"Based on my experience with this in conversation with the State Police, I'm comfortable in saying that it takes months to do anything. But more importantly, that's not… it's not your intention to put them through that hoop?"

"That's not the intent of this legislation."

"So… so, an Amendatory… an Amendatory Veto as we discussed, would be consistent with the fundamental purpose 09600138.doc 85  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 of the Bill as well as was with your intentions. Is that correct?"

"That's correct."

"Ladies and Gentlemen, to the Bill. Really more so… more to the point to the Sponsor of the Bill. She's tackled a difficult issue and one that's long overdue. She has worked diligently not only to get the Bill to this stage, but, you know, above and beyond the call in the last couple of days just trying to work to get us all on the same page. I just want to thank her for those efforts. I think with the discussion that we've just had on the record and with the hope and cooperation from the Governor's Office, he'll amendatorily veto this Bill to correct the present errors. We have a very good Bill that can make the citizens of Illinois much safer. So, thank you."

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

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

"Indicates that she will."

"Representative, I'm really sorry and I ask for your indulgence, I was outside addressing an issue, I think, when you started your testimony. You know, often we pass measures where there's some opposition to the Bill. I mean, it's a usual and customary thing it seems like, but can you just explain to me though, I mean, there's a preponderance of organizations who are against the Bill including John Howard Association. Can you sort of characterize for me what their opposition is to this Bill, as amended?" 09600138.doc 86  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"None of these opponents showed up at committee or contacted me or contacted the Senate Sponsor. So, I can't really speak to their opposition."

"Is there still opposition or have they rescinded it or you just can't speak to it?"

"Yeah. They sent the list of opponents and I haven't heard back from them. I assume they're still opponents of the Bill, but I… I don't know."

"Thank you."

"Okay."

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

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

"Yep."

"Yes."

"Representative Mell, I just… because of the noise in here, I wasn't sure I heard clearly the answers that you had with my colleague from the north side a little earlier. So, is there a commitment from the Governor's Office to make the Amendatory Vetoes to correct the problems that had been identified by one of the earlier speakers?"

"It is my belief that there is a commitment, but I’m also willing to do follow-up legislation, whatever would make this to Representative Fritchey and others, and mine intent."

"Okay. Thank you. Thank you very much, Representative." 09600138.doc 87  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"No one seeking further recognition, Senate Bill 3084, all in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Davis, Osterman, Burns, do you wish to be recorded? Mr. Clerk, take the record. 116 voting 'yes', 0 voting 'no', 1 voting 'present', Senate Bill 3084 is declared passed. Representative Acevedo, Senate Bill 3136 appears on page 4 of the Calendar. Mr. Clerk, read the Bill."

"Out of the record. Representative Ramey, Senate Bill 3176. Out of the record. Senate Bill 3401, Representative Osterman. Out of the record. Mr. Clerk."

"Senate Bill 3638 appears on page 5 of the Calendar, Representative Currie. Read the Bill. Place this Bill on Second Reading. What's the status of the Bill?"

"Representative Currie on Floor Amendment #2." 09600138.doc 88  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"Thank you, Speaker and Members of the House. The Amendment makes changes and calls a group of boards within the Department of Revenue by a new name; they're called Taxpayer Action Boards. And they have responsibility for making recommendations to their respective counties about ways to improve the operation and the accountability and the transparency of the property tax system. In addition, there was a drafting error in the Bill as introduced that said that in all counties, people would have to reapply for the Senior Citizen Homestead Exemption. This Amendment clarifies that only in Cook County is there a requirement that the senior homestead exemption be filed on an annual basis. I'd be happy to answer your questions. And I'd appreciate your support for the Amendment and then for the Bill."

"The Lady moves adoption of Floor Amendment #2. No one seeking recognition, all in favor say 'yes'; opposed 'no'. The 'yeses' have it. The Amendment is adopted. Mr. Clerk, any further Amendments?"

"Third Reading. And read the Bill."

"Majority Leader Currie."

"Thank you, Speaker and Members of the House. This would extend the life of the so-called seven percent solution: 20 thousand in year one, an exemption of 16 thousand in year two, 12 thousand in year three. It also clarifies that any county that wishes to can opt into the 09600138.doc 89  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 program. As of this date, only Cook County has done so. In addition, the legislation creates Taxpayer Action Boards within the State Department of Revenue to cover the counties of Cook and the collar counties, and Kendall County as well to make recommendations for improving the procedures for property tax activities. It also adds one year to the current $5 thousand homestead exemption for veterans returning from conflicts in the Middle East. It extends that by one more year, and it reduces the degree of disability, of service related disability, that a former service member would have to show before reaching an additional $2,500 general homestead exemption. I'd be happy to answer your questions and I'd appreciate your support for this Bill."

"The Lady has moved passage of Senate Bill 3638. On that question, the Gentleman from Crawford, Representative Eddy."

"She indicates that she will."

"The Governor and the mayor of the City of Chicago have both called for an extension. The reality is that while property values are falling, they didn't fall far enough, 09600138.doc 90  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 fast enough, to have that decreased value reflected in most recent assessments. Without this change, an exemption that is worth $20 thousand this year will revert to a $6 thousand exemption next year. And given the slow rate at which the assessments are catching up with decreased value, we were fearful that that would have meant to great a burden on homeowners in the county of Cook. So, we've agreed with the Governor and with the mayor that an extension of the $20 thousand is appropriate this year, but we're also stepping down the exemption, 16 thousand next year and 12 thousand the year after."

"That is right."

"Exactly. So, in Cook County, each year one of the triads is reassessed. Each triad will get the 20 thousand, 16 thousand, 12 thousand step down exemption, but it'll happen at a different time table for the other two triads."

"Correct."

"Correct."

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

"Thank you, Speaker, Members of the Body. To the Bill. I simply want to thank Majority Leader Currie. I want to thank Speaker Madigan for letting this move forward. I want to thank Governor Quinn for bringing this up. I won't say that it's too little too late. I will say that it's not enough. For those of us that live in Chicago and Cook County, I think that we really need to continue the press to fundamentally reform how we assess property in Cook County. I think there's an issue with how it's done now. I think it's putting a considerable, not only financial, but emotional burden on homeowners and even renters throughout the region. We need to fundamentally take a look at the process. We need to simplify the process. We need to make it more predictable, more fair, and we can do all that if we have the determination to do it. I actually look forward to trying to work on those efforts in my next generation at the county board, but in 09600138.doc 92  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 the interim, we need to make whatever measures we can to try to take some of the burden off taxpayers, especially in these difficult economic times. This Bill goes a step in that direction. It'll be favorably received by our taxpayers. I want to strongly urge an 'aye' vote. It's nice to see a Bill like this come to Third Reading with all the drama that's followed… without all the drama that's followed these Bills in the past. But again, my thanks to the Sponsor and hope for the support from you on both sides of the aisle. Thank you."

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

"Yes."

"Yes, it has."

"Just as I promised in committee, Representative, that's in this Bill as well."

Speaker Mautino: "Further discussion? Representative Mulligan."

"Representative Currie."

"Correct."

Speaker Mautino: "Further discussion? Representative McCarthy."

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

"Yes."

"Once again, now, are we in the third year of the extension that we were winding down?"

"The… what we're in is the last year of the last revision which went in Chicago, 33, 26, and 20. The worry is, because of declining property values that have not been caught up yet by reassessments, that going from a $20 thousand exemption to 6 thousand which is the general homestead exemption, was too large a leap. So, what we're purposing with this measure, is one more year at 20 thousand, the second year at 16 thousand, and the third year at 12."

"Okay. And any of those numbers do not come into play until after a person's home from one year to the next is assessed at a greater than seven percent?" 09600138.doc 94  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"At… is reassessed, right. That's right."

"So, if we have a home that's… two homes that are like $200 thousand, unless they're assessed at more than 14… $214 thousand, they would not…"

"It wouldn't matter."

"…get any relief under this Bill?"

"Exactly. Exactly right."

"So, if they were… if that $200 thousand home moved up to 225 thousand, then the 11 thousand would be reduced off it before his taxes were figured in his EAV?"

"Right. That's right. The assessment, yeah."

"So, if one of the two homes, say, went up to 214, okay, and that was its true value, the other home went up to 225. While the second home was worth 11 thousand more according to our assessor, they would pay the same amount of taxes as the other home?"

"Presumably, if they're in the same community and they have the same taxing bodies."

"So, you know, one of the reasons I've been… as much as people hate property taxes, we least can say that if your home is worth more and you're in the same taxing bodies, you should pay more."

"Right."

"Since day one, the seven percent solution has always been a way that where homes that are of more value could actually pay equal or less taxes than another home if their rise in assessment had gone quicker." 09600138.doc 95  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"Only… only if the valuation is different. So, what the assessor is saying in your example is this house actually has greater value than that."

"Correct. But what I'm saying is, this, as in the past, this continues to legalize that a home that is of greater value can legally pay either the same or, in some cases, even less property taxes."

"But not for long. But not for long. There is a three- year…"

"Well, much longer than…"

"…step down…"

"…much longer than I was comfortable with since I wasn't comfortable with the first year of it."

"Okay."

"Now, are the things for the veterans still in here?"

"In fact, yes. So, our returning veteran, someone returning from conflict in the Middle East…"

"Okay."

"…would get two years of an additional $5 thousand exemption on the property tax roll."

"Well, I only have a couple of seconds, but I do want to say for those Members who vote 'no' on this, I am a veteran, I…"

"Grant the Gentleman an additional minute."

"I just need 10 seconds to say that as a veteran, if anybody's voting 'no' in here, I realize, and I'm sure that they would say they're not voting against these extra things for the veterans, they're voting for the underlying seven percent Bill. So, thank you for your explanation." 09600138.doc 96  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

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

"Indicates that she will."

"It's going right back to the way the current legislation reads except that in Cook County there will an annual re… reapplication."

"If the assessor chooses to make the renewal automatic, it is. And in Cook County, seniors will get in the mail, the reapplication, so they don't have to travel down to the county building to do it."

"Well, the provisions of the 20… the step-down will apply for three years. In Chicago, which is the most recently assessed… reassessed triad in Cook County, that will mean the next… the next tax year, next tax bill, and the one after that and the one after that."

"But as Representative Mulligan was pointing out, in her area, which is the north triad, the reassessment will be next year. So that three-year period will start with the reassessment."

"That's correct."

"Well, as in… and to the requirement that the Department of Revenue assess the implications for the implementation of some language adopted a year or two ago that will try to provide more accountability and transparency in the property tax system. That affects statewide."

"Exception… except Cook County."

"Yeah. It's now called the…"

"Grant the Gentleman an additional minute."

"It's now called the Taxpayer Action Boards and they are created, appointed by the Governor. They will live in the Department of Revenue, and one for each of the Cook and the collar counties with the addition of Kendall. And their responsibility will be to recommend ways to make the property tax collection and application system more transparent, more accountable, and more efficient."

"Correct."

"Correct."

"You got it."

"The Gentleman can finish his comment."

Speaker Mautino: "Further discussion? The Gentleman from DuPage, Representative Biggins."

Speaker Mautino: "Further discussion? Representative Holbrook."

"Thank you, Speaker. To the Bill. A couple of months ago I had a disabled veteran contact me, and he informed me that all increments of disability are in 10 percent, and with that, we have tried to correct our statutes. And when you see today why the disabled veterans are in this Bill, it's because I had requested that and Representative… Leader Currie was applicable to putting this in this Bill. So, now our disabled veterans will be able to receive this benefit at 70 percent, which are the increments that they do allow under the system. And I want 09600138.doc 100  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 to thank her for that because I think this is important to those folks that have served our country. So, it was put in there, it was done at my request and I thank everyone."

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

"Thank you, Mr. Speaker. Will the Sponsor yield? I assume she will. Leader Currie, and this might have been addressed, its been noisy in here and I was outside a couple of times. One of the issues that I've always had about the seven percent assessment cap was that it was not particularly evenhanded in terms of what it purported to do based on where in Cook County you were from. There was a big disparity with regard to the northern part of the area versus the southern part, because in south Cook County, of course, our assessments did not increase by the kind of proportion they did up north. Is there anything in this particular measure that attempts at least to address those kinds of disparities?"

"I'm told that some of the actually poorest areas in Cook County are places where the property tax increases in value were greatest, but what this does is to say, because we think that the assessment has not caught up with the devaluation in the housing market, we're providing an extra three years of protection for homeowners, 20 thousand exemption in year one, 16 thousand in year two, 12 thousand in year three. So, we are stepping down the protection which I think is a way of making for a system that is fairer countywide." 09600138.doc 101  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"Okay. Thank you. And a statement was made earlier by a friend of mine on the other side of the aisle, I'd just like to say one thing about the property tax is, it's regressive. Thank you."

Speaker Mautino: "No one seeking further recognition, Representative Currie to close."

"Thank you, Speaker and Members. I hope you will join me in supporting a Bill that will provide some protection for homeowners in counties that opt for the alternative exemption, further protection for three years, but step down significant support for veterans returning from conflict in the Middle East and those who are… veterans who have had a serious service connected disabilities. In addition, Taxpayer Action Boards I think are going to help make more transparent, more fair and more efficient the property tax system in the State of Illinois. I would appreciate your 'aye' votes."

"The Lady has moved passage of Senate Bill 3638. All in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Davis, Gordon, Tracy, do you wish to be recorded? Mr. Clerk, take the record. 107 voting 'yes', 10 voting 'no', 0 voting 'present', Senate Bill 3638 is declared passed. Mr. Clerk, Senate Bill 3721 appears on the Calendar. One… one moment, Mr. Clerk. Representative Bost."

"State your point, Sir." 09600138.doc 102  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"Welcome to the House of Representatives. On page 9 of the Calendar appears Senate Bill 3721. What's the status of that Bill, Mr. Clerk?"

"Third Reading. And read the Bill."

"Majority Leader Currie. Out of the record. Representative Brady, Senate Bill 3010. Mr. Clerk, read the Bill, on page 3 of the Calendar."

"Representative Brady."

"The Gentleman moves passage of Senate Bill 3010. No one seeking recognition, 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. Arroyo, Mr. Davis, Mrs. Osmond. Mr. Clerk, take the record. 98 voting 'yes', 19 voting 'no', 0 voting 'present', Senate Bill 3010, having received the Constitutional Majority, is hereby declared passed. Mr. Ramey, Senate Bill 3176 appears on page 4 of the Calendar. Mr. Clerk, read the Bill."

"Mr. Ramey."

"The Gentleman has moved passage of 3176. On that question, Representative Lang." 09600138.doc 104  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"Thank you. Ladies and Gentlemen, I'd just like to thank the Sponsor for his responsiveness in dealing with this Amendment that was a problem for some of us over here. And I stand ready to support his Bill."

"The Gentleman has moved passage of Senate Bill 3176. 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? Representative Wait, Representative Collins, do you wish to be recorded? Mr. Clerk, take the record. 117 voting 'yes', 0 voting 'no', 0 voting 'present', Senate Bill 3176, having received the Constitutional Majority, is hereby declared passed. On page 9 of the Calendar appears Senate Bill 3348. Mr. Clerk, what's the status of that Bill?"

"Representative Harris on Floor Amendment #2."

"Mr. Speaker, I would like to withdraw Amendment #1 and move forward with Floor Amendment #2."

"Amendment #2 is placed on the board."

"Okay. And Amendment #2 is identical to #1 with one change which clarifies that this language for service on premise only would apply to the small craft distiller." 09600138.doc 105  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"The Gentleman has moved adoption of Floor Amendment #2. On that question, the Gentleman from Cook, Representative Fritchey is seeking recognition."

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

"He indicates that he will."

"Representative, just a quick question. This applies… I have some establishments in and around my area that have gone into the… really, microbrewery business as well. Is this… is this just for distilled spirits or for microbreweries as well?"

"All right. Thank you very much."

Speaker Mautino: "The Gentleman moves adoption of Floor Amendment #2. All in favor say 'yes'; opposed say 'no'. The Amendment is adopted. Mr. Clerk, further Amendments?"

"Third Reading. And read the Bill."

"Mr. Harris."

"Thank you, Mr. Speaker, Ladies and Gentlemen. This is a piece of legislation that responds to a constituent request that Senator Steans and I had for the first time to create an artisan distiller in the State of Illinois. We have worked very closely with the liquor industry and the 09600138.doc 106  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 distributors to be sure that we preserve the three-tier system. This would create a new license which would apply for artisan distillers of spirits in quantities only under 5 thousands gallons of product per annum. I know of no opposition and I would be happy to answer any questions."

"The Gentleman has moved passage of Senate Bill 3348. No one seeking recognition, 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 Saviano. Mr. Clerk, take the record. 97 voting 'yes', 20 voting 'no', 0 voting 'present', Senate Bill 3348, having received the Constitutional Majority, is declared passed. Mr. Clerk, what's the status of Senate Bill 3659?"

"Read the Bill. Excuse me. Mr. Clerk, place that Bill on Second Reading."

"Representative Currie on Floor Amendment #2."

"Thank you, Speaker. I believe these are technical Amendments to the underlying Bill which is the proposed Illiana Expressway. I think that… wait a minute, wait a minute, wait. So, if this requires the contractor to locate its principal office in Illinois, describes the general vicinity of the highway and makes a lot of 09600138.doc 107  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 technical changes. I'd appreciate your support for the adoption of the Amendment."

"The Lady moves adoption of Floor Amendment #2. No one seeking recognition, all in favor say 'yes'; opposed say 'no'. In the opinion of the Chair, the 'yeses' have it. The Amendment is adopted. Mr. Clerk, any further Amendments?"

"Third Reading. And read the Bill."

"Majority Leader Currie."

"Thank you, Speaker. This Bill is entirely permissive. It enables IDOT the opportunity to investigate the question whether some kind of crossed… cross… across state boundary road from I-65 to I-55 would be sensible somewhere in the Illinois Monee area, for example and if there is a determination that such a road would, in fact, decrease congestion on Highway 80, I-80, this would enable the state to enter into public private partnerships or to go ahead on its own to create such a road, working cooperatively with the government in Indiana. I believe Indiana has already approved legislation that would enable it to participate in a public private partnership with this Illiana Roadway in mind. I'd be happy to answer your questions and I'd appreciate your support for the measure."

"The Lady moves passage of Senate Bill 3659. And the Gentleman from Vermilion, Representative Black." 09600138.doc 108  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"It could be. That would be a determination that would be made down the line, but even it were, our State Department of Transportation would still be in charge of the operations of such a road."

"It will not."

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

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

"Will the Sponsor yield?"

"Indicates that she will."

"Does this Illiana public private partnership preclude public entities, for instance, for the tollway or other 09600138.doc 111  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 municipalities or groups that form together that construct and operate it?"

"No entity is precluded. This legislation is entirely permissive."

"Okay. And is there a reason why that it's not spelled out that way?"

"Well, the idea was to give maximum flexibility to the Illinois Department of Transportation to find a willing partner and to make the best deal possible. This is a hard time to begin building new roads and 25 miles in length, and it may well be that a private partner or some other public entity would be interested and able to pick up the slack. The important point… the one thing that is critical here, however, is working closely with the State of Indiana ‘cause you wouldn't want to have a road that comes to a screeching halt at the border of one state or another or is five miles down the road rather then meeting where they should at the center."

"Thank you."

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

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

"Indicates that she will."

"There's… there in our analysis, we're looking at issues concerning Home Rule. Does this eliminate the powers of any Home Rule community?"

"Yeah, to the extent that they might be doing something that would interfere with the planning of this new 09600138.doc 112  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 expressway. They should not be allowed to interfere with it."

"Okay. ‘Cause understanding and in certain public private partnerships that it does make a difference if the governance is Home Rule or not Home Rule or the decision to be made. So, with that said, inquiry of the parliamentarian. How many votes do you need to pass this, then?"

"I'm sorry. Were you asking for an example? Well, for example, if they…"

"Will they need… Will they need…"

"The… I believe…"

"I'm asking will they need a Supermajority to pass this because of that?"

"The Gentleman has addressed his question to the Chair."

"Yes. Yes."

"And you’d like to know…”

“Yes.”

“…if this requires a Supermajority. I will…"

"Yes."

"If you want to go ahead and continue the debate, we'll speak with the parliamentarian.”

“Thank you.”

“And I will get you that answer directly."

"Okay. And I think last… you were speaking to Representative Rita, you talked about the relationship between the State of Indiana and of course, Illinois and its authority. And so they would essentially be our 09600138.doc 113  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 conduit or liaison between our states and represent us in terms of trying to make sure this is established?"

"Right. The intention, as I say, it's totally permissive how this might happen, how it might develop, but it is absolutely the intention that whatever happens it is done and in concert with the State of Indiana."

"Okay. In terms of the procurement process and as it relates to Home Rule and non-Home Rule communities possibly, will it have to go through the state's RFP process?"

"Doesn't have any… it would be done through our fees as this is the state…"

Speaker Mautino: "Please grant the Gentleman an additional minute."

"It's the Illinois Procurement Code, which is State Law, that will govern. And under the Bill, the Department of Transportation would have to also go to COGFA and to the policy procurement board and they would have to make two recommendations to the Governor. The final decision, the final choice, of course, would be for the Governor to make."

"So, that would be essentially to go out to bid for whatever private interest would be interested in…"

"Do an RFP and see who comes.

"Okay. To the Bill. I do support this. This is a huge initiative in the southland region, I think, as Leader Currie had mentioned in terms of relieving some of the pressure off of I-80. This has been talked about prior to my arrival into the General Assembly and steps that try to 09600138.doc 114  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 get this expressway done, and with the creative abilities of a public private partnership, we need to make sure that all public private partnerships are looked at as we need to move to address our transportation needs in the future. I would ask for favorable votes on this."

"The… Excuse me. Further discussion? The Gentleman from McHenry, Representative Franks."

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

"She indicates that she will."

"I had a couple of questions, and I just learned about this late yesterday. Where is labor on this?"

"Labor is enthusiastically in favor of this Bill."

"Okay. That's what I thought. And I was looking at the analysis and I see that there's no quick-take provision in this, but it would not preclude eminent domain, would it?"

"Correct."

"Okay. And is there any cost to the State of Illinois at this point?"

"There is no cost at this point. If there were to be any cost, it would be money that we would be required to appropriate."

"So, what would… this Bill would do what, then? If there's no money costing the state…"

"It essentially says to the State of Illinois, if you're interested, if we discover that there is a need for this new roadway, then you may enter into various kinds of agreements with public or with private partners to make it happen and you will have to work cooperatively with the 09600138.doc 115  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 State of Indiana so that the roads match. But beyond that, it is entirely within the purview of the State Department of Transportation to initiate the study and to make a determination whether this is a sensible thing to do, put out requests for proposals and see where we go."

"Has Indiana already passed…"

"I believe they have."

"…a similar law?"

"Yes."

"Okay. Well, thank you. Thank you."

"The Gentleman from Vermilion, Representative Black."

"State your inquiry, Sir."

"Thank you for that question, Sir. That was also asked by Representative Miller." 09600138.doc 116  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"No. And with a ruling, the parliamentarian is here with us, David Ellis."

Speaker Mautino: "No one seeking further recognition, Representative Currie to close."

"Thank you, Speaker. I'd appreciate your 'yes' votes."

"The Lady moves passage of Senate Bill 3659. 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 Feigenholtz, do you wish to be recorded? Mr. Clerk, take the record. 116 voting 'yes', 1 voting 'no', 0 voting 'present', Senate Bill 3659 is declared passed. Representative Mitchell." Mitchell, B.: "Thank you, Mr. Speaker. Point of personal privilege."

"State your point." 09600138.doc 117  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 Mitchell, B.: "Up in the balcony on the Republican side, I'd like the Lincoln Christian College folks to stand up. These are Lincoln Christian College. Their instructor is Sally Litterly who is the Logan County Clerk. So, I'd like to give them a big Springfield welcome. Thanks for coming."

Speaker Mautino: "Welcome to the House of Representatives. Representative May."

"Thank you, Speaker. A point of personal privilege, also. Here on the Democratic side, we have the fourth-grade class from Braeside School in Highland Park for TECH Day. They did a fabulous project about elections, teaching them about how to use their computers. They partnered with a school in Wales. I'd like to welcome them and report that the election was won by the Women of the World Party."

Speaker Mautino: "Welcome to Springfield. Page 7 of the Calendar appears Senate Bills-Second Reading, Senate Bill 1118, Representative Bradley. Out of the record. Page 7 of the Calendar is Senate Bill 1118. Representative Bradley. Mr. Clerk, read the Bill."

"Third Reading. Read the Bill."

"Out of the record. Page 4 of the Calendar is Senate Bill 3136. Place that Bill on the Order of Second 09600138.doc 118  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 Reading at the request of the Sponsor. Take that Bill out of the record. Representative Eddy, on page 9 of the Calendar appears Senate Bill 3610. Mr. Clerk, read the Bill."

"Representative Eddy on Floor Amendment #1."

Speaker Mautino: "Gentleman moves for adoption of Floor Amendment #1. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. The Amendment is adopted. Mr. Clerk, further Amendments?"

"Representative Eddy on Floor Amendment #2."

Speaker Mautino: "Withdraw Amendment #2. Mr. Clerk, any further Amendments?"

"Third Reading. And read the Bill."

"Representative Eddy."

"The Gentleman has moved passage of Senate Bill 3610. No one seeking recognition, all in favor will vote 'aye'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Boland, Collins, Feigenholtz, do you wish to be recorded? Representative Nekritz, do you wish to be recorded? Representative Soto. Mr. Clerk, take the record. 116 voting 'yes', 1 voting 'no', 0 voting 'present', Senate Bill 3610 is declared passed. Representative Eddy, on page 9 of the Calendar is Senate Bill 3681. Mr. Clerk, what's the status of this Bill?"

"Representative Eddy on Floor Amendment #2."

"The Gentleman has moved adoption of Floor Amendment #2 to Senate Bill 3681. All in favor say 'yes'; opposed say 'no'. The 'yeses' have it. And the Amendment is adopted. Mr. Clerk, any further Amendments?"

"Third Reading. And read the Bill."

"The Gentleman from Crawford, Representative Eddy."

"The Gentleman has moved passage of Senate Bill 3681. 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? Mr. Clerk, take the record. 118 voting 'yes', 0 voting 'no', 0 09600138.doc 121  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 voting 'present', Senate Bill 3681, having received the Constitutional Majority, is declared passed. Representative Moffitt."

"State your point."

"Welcome to the House of Representatives. On Supplemental Calendar #1 appears Senate Joint Resolution 72, Representative Will Davis. Out of the record. Mr. Pritchard, page 11 of the Calendar is House Bill 156. You filed a Motion to Concur. Representative Pritchard for a Motion."

"The Gentleman moves that the House do concur in Senate Amendment #1 to House Bill 156. On that question, the Gentleman from Cook, Representative Fritchey is seeking recognition."

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

"He indicates that he will."

"I obviously have no issues with the legislation. I'm just curious. Why do we need legislation to authorize them to be able to sell this material off?"

"I'm not sure I get it, but that won't be the first time. So, okay. I appreciate it. Thank you."

"Representative Osmond."

"The Gentleman has… excuse me. The Lady has moved that the House do concur with… excuse me. 09600138.doc 123  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 Representative Franks, I did not see your light. The Gentleman from McHenry is seeking recognition."

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

"He indicates that he will."

"Representative, this Senate Amendment #1 deals exclusively with the Fox Waterway Agency, is that correct?"

"The Motion before us…"

"…is Representative Pritchard."

"Oh, I'm sorry. I didn't know if it was Representative Osmond answering that. Okay. Is there anyone opposed to this?"

"Is there anyone opposed…"

"…to what…"

"Okay. I know that the Fox Waterway Agency's been talking about doing this for years…"

"…about dredging the Fox and then finding a suitable place to dry the soil and the sediment, and then they can turn around and sell it. I'm wondering why we need legislation to accomplish this?"

"Okay. So, this will be a net gain hopefully to the Fox Waterway Agency."

"Well, I think it's a good Bill, and I appreciate you bringing it forward and I’d like to be added as a cosponsor, if I may."

"Thank you."

"The Gentleman has moved that the House do concur in… with Senate Amendment #1 to House Bill 156. All in favor vote 'yes'; opposed vote 'no'. This is final passage. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Lang, do you wish to be recorded? Mr. Clerk, take the record. 118 voting 'yes', 0 voting 'no', 0 voting 'present', and the House does concur with Senate Amendment #1 to House Bill 156. This, having received the Constitutional Majority, is hereby declared passed. On page 18 of the Calendar, on the Order of Resolutions, appears House Resolution 1166. Representative May. Representative May."

"Yes. I have an Amendment I believe to adopt. Has it been added?"

"Mr. Clerk."

"Take this Bill out of the record at the request of the Sponsor. Page 5 of the Calendar appears 09600138.doc 125  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 Senate Bill 3722, on the Order of Third Readings. Representative Smith. Mr. Clerk, read the Bill."

"Mr. Smith."

"Thank you, Mr. Speaker, Ladies and Gentlemen. This is a Bill that I had a couple of weeks ago and took out of the record at the request of Representative Black, had some questions for the State Fire Marshal's Office. This is an initiative of the State Fire Marshal. This would allow for them to assign unprotected areas that currently are not part of a fire department. They would be allowed… the Fire Marshal's Office would be allowed to assign these areas to a jurisdiction, either a municipal fire department or a fire protection district. I know of no opposition to the legislation. I think the question Representative Black had was regard to… perhaps that this might have happened in previous law before the Body. And I'm told by the Fire Marshal's Office that there was legislation affecting Cook County, but there are still unincorporated areas throughout the state that are not geographically part of either a municipal fire department or a fire protection district. So hopefully, that answers Representative Black's concerns. And as I said, I know of no opposition. I'd be happy to answer any questions."

"The Gentleman has moved passage of Senate Bill 3722. On that question, the Gentleman from Vermilion, Representative Black is seeking recognition." 09600138.doc 126  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

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

"He indicates that he will."

"Yes, that is correct." 09600138.doc 127  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"I… my understanding, Representative, is that it would be the district."

"Right."

"For an area."

"I'm sorry. I stand corrected. You're right."

"That's right."

"That's correct, yes."

"That's right. Right."

"The Gentleman has moved passage of Senate Bill 3722. All in favor will 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 McAsey, Osmond, Ramey, do you wish to be recorded? Representative Biggins. Mr. Clerk, take the record. 113 voting 'yes', 5 voting 'no', 0 voting 'present', Senate Bill 3722, having received the Constitutional Majority, is declared passed. Representative Black."

"State your point, Sir."

Speaker Mautino: "The Gentleman from Cook, Representative Fritchey." 09600138.doc 129  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"Thank you, Speaker. On a point of personal privilege."

"State your point."

"I think with all deference to Representative Black's comments, I think we should embrace Representative Ramey as our very own Rickey Hendon."

"On page 16 of the Calendar, under the Order of Resolutions, appears House Resolution 693. Representative Lyons."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I actually have an Amendment to the Resolution. It's actually the wrong date was put in there. The underlying Amendment congratulates the credit unions on their Credit Union Day which will be this fall, but we put last year's date. So, I need the record to correct October 21, 2010 on line 7, should replace October 15, 2009. So, I'm hopeful of the adoption of the Amendment and then the option of the union… the Amendment as corrected."

"The Gentleman moves the House adopt Floor Amendment #1 to House Resolution 693. Seeing no objections, all in favor say 'yes'; opposed 'no'. The 'yeses' have it. The Amendment is adopted. Representative Lyons to the Resolution."

"And the Resolution merely congratulates the credit unions throughout the State of Illinois and across the country. Their annual credit union recognition day across the country will be celebrated on October 21, 2010. So, I ask for your favorable consideration on the Resolution." 09600138.doc 130  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

Speaker Mautino: "The Gentleman moves the House adopt Resolution 693. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. And House Resolution 693 is adopted. On page 18 of the Calendar is House Resolution 1171, Representative Lang."

"Thank you, Mr. Speaker, Ladies and Gentlemen. Earlier this year there was a Bill to make substantial changes in how insurance carriers handle psoriasis. The Bill was very controversial, and the reason it turned out to be controversial is that there was an allegation by the proponents that it would save costs for people and for insurance companies. So, this… while the Bill didn't go anywhere, this Resolution would urge a study of the cost for both sides. I know of no opposition to the Resolution and ask your support."

"The Gentleman moves that the House adopt House Resolution 1171. No one seeking recognition, all in favor say 'yes'; opposed 'no'. The 'yeses' have it. And House Resolution 1171 is adopted. The Gentleman from DuPage, Representative Ramey is seeking recognition."

"Yes, Lou, go ahead."

"The Gentleman from Vermilion, Representative Black."

"Representative Reitz."

"Thank you, Mr. Speaker. Looking over, I think Representative Ramey looks real good in that jacket, but on a monitor… but on a monitor it looks just like your red one. They both look pink. Just so you know."

Speaker Mautino: "Representative Durkin is seeking recognition."

"Absolutely."

"The Gentleman from Winnebago, Representative Winters."

Speaker Mautino: "The Gentleman from Cook, Representative Fritchey." 09600138.doc 133  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"Thank you, Speaker. Again on a point of personal privilege. I just happened to get off the phone. I just wanted to advise Representative Ramey that the director of DNR did just call and wanted me remind you it's not hunting season yet and you may want to remove that jacket. And also, we also received a call from Senator Hendon's office, and he said that you will not be in his category unless and until you show us that you have the shoes that actually match that jacket."

Speaker Mautino: "The Gentleman from White, Representative Phelps."

"Point of… point of personal privilege, Mr. Speaker. Representative Ramey used my name. Now, seeing you in that vest, can you do us all a favor and put the jacket back on."

"Representative Mitchell." Mitchell, J.: "Thank you, Mr. Speaker. And just to let the former Representative know that I think Representative Ramey was doing that in honor of turkey season that was in last week."

"Representative Verschoore, on page 18 of the Calendar appears House Resolution 1104."

"Thank you, Mr. Speaker, Ladies and Gentlemen. All this Resolution does is name… or set aside May 16 through the 22 as the Public Works Week. And I'd ask for an 'aye' vote. Be happy to answer any questions."

Speaker Mautino: "The Gentleman moves adoption of House Resolution 1104. No one seeking recognition, all in favor say 'yes'; opposed 'no'. The 'yeses' have it. And the 09600138.doc 134  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 House does adopt House Resolution 1104. On the Order of Resolutions, Senate Joint Resolution 72, under Supplemental Calendar #1. Representative Davis." Davis, W.: "Thank you very much, Mr. Speaker, Ladies and Gentlemen. Ladies and Gentlemen of the House, Senate Joint Resolution 72, as amended, commends the Illinois Food Marketing Task Force for their… commends them for their recommendation to create the Illinois Fresh Food Fund. This fund was created and funded in the capital Bill that we passed last spring. It also asks that the Illinois Food, Farms and Jobs Council to assist DCEO in implementing the Illinois Fresh Food Fund. The Fresh Food Fund will incentivize and facilitate the creation of grocery stores and purveyors of fresh foods to help eliminate food that are statewide. One of the reasons that we're also pushing this is that when you look at some of the illnesses, particularly those that plague the African-American community like high blood pressure, obesity, diabetes, we certainly hope to incentivize the building of grocery stores and the expanding of existing grocery stores, and encourage them to make sure that fresh foods… fresh fruits and vegetables are available to help deal with some of these issues. The language creating a new task force for… of the General Assembly Members to consider creating a Fresh Food Fund is no longer in this Bill. This Resolution originally was introduced last May prior to the capital Bill containing such a fund. So, to Representative Coles’ question earlier today, again, that language creating a 09600138.doc 135  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 task force of the General Assembly is no longer in the Bill. Be more than happy to answer any questions."

"The Gentleman moves the House adopt Senate Joint Resolution 72. And on that question, the Gentleman from Vermilion, Representative Black."

"He indicates that he will."

"Representative Davis to close." Davis, W.: "Thank you very much, Mr. Speaker. You've heard conversations about what we're attempting to do with this, and exactly what the Amendment to the Resolution does. I certainly… simply just ask for the adoption of this Resolution. Thank you." 09600138.doc 138  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"The Gentleman moves that the House adopt Senate Joint Resolution 72. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. And the House does adopt Senate Joint Resolution 72. Representative Davis is seeking recognition." Davis, M.: "I rise, Mr. Speaker, for a point of personal privilege."

"Certainly, state your point." Davis, M.: "A friend of mine is visiting Springfield, I haven't seen him in a very long time. I knew him when he was a very young kid, Mr. Brian Cooper, who is now the President of his local of ASCME. Mr. Cooper, if you're there, we're going to give you a nice Springfield welcome. Wherever you are."

"Welcome to the House of Representatives. On page 9 of the Calendar appears Senate Bill 3721. Mr. Clerk, what's the status of that Bill?"

"Read the Bill. Representative Currie."

"Thank you, Speaker, Members of the House. This is an initiative of the Environmental Protection Agency to enhance requirements that are applicable to the current Clean Construction and Demolation… Demolition Debris Law. When the Bill becomes effective, it would require a variety of things: manifesting of all CCDD and soil sent to CCDD fill operations, requiring the excavator of soil sent to the CD… CDD fill operator to certify that the soil is not contaminated. If the soil is from an industrial or 09600138.doc 139  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 commercial site, a licensed professional engineer will have to certify that the soil indeed is not contaminated. Enhances the enforcement authority of the Illinois Environmental Protection Agency by permitting fines for those who violate the law. Provides for fees so that the IEPA and local government both will have enhanced ability to enforce the law. For the first time, requires those that say they are accepting 'clean fill soil' to register with the EPA. Currently, these sites are totally unregulated. The Bill also authorizes IEPA and the Pollution Control Board to develop rules that will provide standards for determining what constitutes clean soil so that groundwater is protected. Allow for the proper placement of soil and CCDD in the facility. Allow for liners or other barriers. Other requirements such as groundwater monitoring. Allows the board to develop alternatives to the use of CCDD as filling quarries, for example, asphalt recycling. And allow for financial assurance requirements on CCDD facilities. The rule making authorized by this legislation may include provisions for fill disposal sites other than quarries. So, the City of Chicago joins IEPA in supporting this Bill, and does believe that it needs greater opportunity to assess the effectiveness of the contractors it employs. I would be happy to answer your questions, and I would appreciate your support for this EPA initiative that will provide for greater regulation of what goes into the ground across the State of Illinois." 09600138.doc 140  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"The Lady moves passage of Senate Bill 3721. And on that question, Representative Beiser."

"Thank you, Mr. Speaker, Members of the House. To the Bill. I just want to say I'm a strong supporter of this and for the following reasons. Right now, I would venture a guess that 90 to 95 percent of the quarries in this state are not registered with the EPA, even though they all say they accept clean fill. For the first time, and the first time ever, we will be able to know where they're at, and have the EPA to do the necessary inspections and/or enforcement that comes along with this Act. So, it's important. These quarries are accepting this now, we don't know where they're at. We will now. This will establish fees that will enforce… allow the IEPA to enforce this Bill. It allows them to not only do that, but it allows them to have administrative fines. And it provides new testing requirements on the part of those who opt to excavate soil to make sure that it's clean and uncontaminated. And it also includes… it has to include a clean certification from a professional engineer on all soils excavated from industrial and commercial sites. For all these reasons, I think it's a good Bill. The IEPA… it's an initiative as the Majority Leader says. It's my impression that, since the committee hearing, the Sierra Club has gone neutral on the Bill. And for all the reasons I've mentioned, I would urge all to support this Bill and give it an 'aye' vote."

Speaker Mautino: "Further discussion? The Gentleman from DuPage, Representative Fortner." 09600138.doc 141  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

Speaker Mautino: "Further discussion? Representative Holbrook." 09600138.doc 142  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"Thank you, Speaker. To the Bill. Last night at a late hour, about 8:00 or later, as I went through the witness slips and announced them, I was incorrect. Robert Schillerstrom is the board chairman, and he was… one moment… the president of it supports the Bill. However, the county is an opponent to it, I believe, I want to correct that. As I read the slips and read many of them through last night, that was incorrect on my part. I had a deck of slips that I read through and that was a mistake, and I want to make that clear to everyone. The second one is, I truly prefer a moratorium on this quarry and gravel pit dumping of anything but pristine or virgin top soil from the farms, but that's not going to happen. And in this case, this by far is the best solution to this dilemma we have. These are throughout the state; they're unregulated, and very haphazard on enforcement only upon complaints. And I know Representative Fortner and Representative Tryon and I worked through this last year trying to develop these regulations, just under… almost similar to what we hope the Pollution Control Board will adopt. So with that, even though I voted 'no' last night in committee, I have to after reflecting on it even further, this is by far the best solution we're going to get, and I'll be supporting this Bill. And I apologize for any mistake on the announcement last night of proponents and opponents at the time. Thank you."

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

"Thank you, Mr. Speaker. Will the Sponsor yield?" 09600138.doc 143  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"Indicates that she will."

"Leader, this Bill gives the Illinois Pollution Control Board broad rule making authority to adopt requirements for fill sites that take clean construction or… and demolition debris that CCDD or uncontaminated soil. The board's rules would have to include requirements necessary to protect groundwater. Would this Bill allow the board to adopt requirements similar to the requirements that apply to inert waste landfills?"

"Yes. If the Pollution Control Board felt that such requirements were necessary, this Bill would allow it to adopt requirements similar to those that apply to inert waste landfills. The rule making authorized by this legislation may include provisions for fill disposal sites other than quarries."

"And could that be something… Representative, could that be something like the liners?"

"Sure. Absolutely. That's specifically referenced in the Bill."

"Very good. Thank you."

"Further discussion? The Lady from Lake, Representative May."

"Thank you. Will the Sponsor yield?"

"She indicates that she will."

"Yes. Thank you. I was concerned in committee last night that perhaps with the Pollution Control Board having two years to adopt rules and set parameters for this that it might be some sort of a holiday. I was concerned that quarry owners would maybe just walk away from a site and 09600138.doc 144  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 that there wouldn't be any protections there, and there were very good answers. Could you just read into the record or state for the record that the taxpayers will not be responsible in this case? That was my concern."

"And nothing in this Bill changes the liability for operators who provide for toxic problems and nothing will change in that respect under this Bill. So, I think the taxpayers should not be fearful that anything in this Bill would provide them with any greater responsibility than we bear today. The owners are the responsible parties. They are the ones who would bear the cost."

"And in other Sections of the law, the EPA has that control right now so that there is no…"

"That's right."

"…gap?"

"Correct."

"Okay. Thank you. I just wanted to state that this is a step forward that the industry is voluntarily supporting fees so that there can be monitoring and watching. While we were concerned at the lateness of the hour and some uncertainty, I voted 'no' in committee, but the Sierra Club is neutral and I've gotten further information and intend to support the matter. Thank you."

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

"She indicates that she will."

"You answered the question correctly."

"Exactly."

"I'd be happy to work with you…"

"Please allow the Gentleman to finish his statement."

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

"Thank you, Mr. Speaker. I'm going to be real brief and stand in support of the Bill, and commend Leader Currie for her hard work in bringing this Bill together. It's been a long time coming. And really, hailing from the City of Chicago, wanted to speak with regard to the significant savings it would bring to the City of Chicago, and despite it being the fact that this is something that the IEPA has been at the table and negotiated. It is my understanding, Leader Currie, that the Sierra Club is neutral on this Bill as well as other environmental groups?"

"As is the Environmental Law and Policy Center."

"Yes." 09600138.doc 147  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"There's no opposition from environmental groups nor from the state's Attorney General's Office."

"Right. And I know it didn't start that way, so, this Bill has come a very long way. Again, for the City of Chicago, this has really been a boondoggle because it's costing so much, and when you look at the unintended consequences of when this law was first passed, but dealing with the clean construction and demolition debris, making sure that we dispose of those materials safely, and the way this Bill is drafted, it will bring a considerable savings of millions of dollars to the City of Chicago in a very tough economic time. This will be a great plus for the City of Chicago as they continue to struggle with their own budget deficits. And I urge an 'aye' vote. Thank you."

"Further discussion? Representative Kosel."

"She indicates that she will."

"That's right. The Environmental Protection Agency would have a year to propose a rule making, and the board would have another year to go ahead and adopt rules. But in the meantime, there will be some regulation of these sites. Regulation that is not on the books today."

"Well, right now, I would say very little. But under this Bill, immediately, the operators of those quarries that take other than the agricultural products, that Representative Tryon mentioned, they will have to be… they will have to be permitted by the agency. They will have to pay fees, and they will have to manifest what comes to them. They will have to, in a sense, let the agency know what they've got. So, the agency will begin to have not only the resources to enforce strong standards but an ability to find out what is going on in… what is going into those quarries in your area today."

"Nothing… nothing changes. Whatever standards exist, exist. It is illegal to dump certain items in… in sites that do not have liners today, for example, but under this Bill, the Environmental Protection Agency might be able to find out where that illegal activity is happening. Today, they don't have much opportunity unless there is some kind of terrible leak or explosion or what have you."

"The Lady's time has expired. Would you grant her an additional minute?"

"A very, very significant. I think about $60 if it's going to a quarry and 400 and something if it's going to a facility with a liner."

"Well, I think it's coming from wherever construction is happening."

"Further discussion? Representative Dugan."

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

"She indicates that she will."

"Yes. Leader Currie, I just wanted to make sure, I know there's been concerns brought forward from some of the other counties and one that I represent in Will County. We understand that they've… you guys have worked on, with this Bill, worked very closely with them, so I just want to make sure that what we understand, that as the rules are designed that I understand counties are going to be involved so that some of the other concerns, we can make sure that all the concerns are addressed. Is that what you believe to be the case?"

"Absolutely, Representative. And remember, that in the meantime, in this two-year interval, the counties under this Bill are going to get additional resources to do their own enforcing. So, the county chair in Will is neutral, is not an opponent of the Bill."

"Correct. And I, in fact, I just got off the phone with… I just wanted to make sure, going forward with the 09600138.doc 150  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 rules, that even maybe some other concerns that they will be involved in that. Thank you very much."

"Yes."

"Further discussion? Representative Myers. Excuse me. Representative Thapedi."

"Thank you, Mr. Speaker. Will Leader Currie yield for a few inquiries?"

"She indicates that she will."

"Thank you. Leader Currie, if this Bill passes, will the landfills be held to a higher standard per EPA regulations when operating their landfills and accepting these materials?"

"There will be the opportunity for the EPA to enforce existing law because they will have better information about what is going into quarries and fill sites."

"Thank you. We heard someone mention earlier lining. Will these landfills be required to line or install a liner in the areas that this material will be accepted?"

"Some material today can only go into facilities that have liners, waste… disposal facilities because of the toxic nature of the items in the fill. So, this does not directly address that, but it does ask the Pollution Control Board, after the Environmental Protection Agency sets them some parameters, to adopt rules that clarify what things need to go into facilities with liners, what things don't, what other kinds of fill facilities we might design and support." 09600138.doc 151  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"Okay. Will the quarries be required to test every load to make sure that contaminated loads are properly rejected in the necessary case?"

"The board rules could require that, but that is not current law today."

"Okay. And lastly, will the county, township or municipalities receive a host fee per load for quarries that accept these materials?"

"Yes."

"Thank you, Leader."

"Representative Coladipietro."

"Representative Currie to close."

"Thank you, Speaker. We've had a good, open, lengthy discussion. I urge your 'aye' votes."

"The Lady moves passage of Senate Bill 3721. 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… Representative Ford, Representative Golar, Representative Howard, do you wish to be recorded? Representative Jackson. Mr. Clerk, take the record. 94 voting 'yes', 22 voting 'no', 2 voting 'present', Senate Bill 3721, having received the Constitutional Majority is hereby declared passed. Representative Myers." 09600138.doc 152  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"State your point, Sir."

Speaker Mautino: "Welcome to the House of Representatives. Representative Myers. Out of the record. The Gentleman from Cook, Representative Miller is seeking recognition."

"Thank you, Mr. Speaker. Inquiry of the Chair. What are we… what's going on?"

"Is that a rhetorical question?"

"No, no. Well, I mean, you know, in this… in an issue of time efficiency, and I'm not suggesting this now. There are a few Members who won't be back, coming back for Veto Session, and is there any indication for them to never speak again on this floor or to… or actually some Members not even coming back after Veto Session. And if that be the case, you know, I would like to schedule mine maybe like some time in November or afterwards and I wanted to know, like, is there a lineup or what's going on with that. And maybe the parliamentarian can rule on that."

"Thank you. No. There is quite a bit of work remaining to do. Some Amendments are being filed by both sides and we will be having committees later."

"Okay." 09600138.doc 153  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"So, we're just waiting…"

"Thank you, Mr. Speaker."

"…for the paperwork to process."

"Okay. Thank you."

"The Gentleman from Jackson, Representative Bost is seeking recognition."

"State your inquiry, Sir."

"Mr. Clerk."

Speaker Mautino: "Representative Osmond is seeking recognition."

"The House… Mr. Clerk, committee schedule."

"The House will stand in recess until the hour of 6 p.m."

Speaker Lang: "The House will be in order. Mr. Clerk, Committee Reports." 09600138.doc 155  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"On the… go on the Calendar on page 6, Senate Bills-Second Reading, there appears Senate Bill 326. Mr. Clerk, please read the Bill."

Speaker Lang: "Representative Feigenholtz. Representative Currie…"

"Thank you, Mr…"

"…to handle this. Representative Feigenholtz or Representative Currie? The Chair recognizes Representative Currie."

"Thank you, Speaker. I think that the first two Amendments have to be adopted by the full House. I think the Bill itself was on the Calendar. The Amendments were approved in committee, but we have to adopt them on the House, since I think we would be better off doing 1 and 2 before we do 3."

"It's a good…"

"Or we can do a…"

Speaker Lang: "It's a good… it's a good suggestion, Representative. Chair recognizes Representative Currie on Amendment 1." 09600138.doc 158  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"All right. Thank you. In fact, I would actually make a Motion that we adopt all three Amendments. Two and three are quite technical. This is the Bill that includes the recommendations from the people who have worked so hard on the issue of nursing home care reform. As you know, the Governor convened following a set of articles about lack of safe conditions and lack of adequate care. He convened a working group last October, ably led by Michael Gelder. That group came up with recommendations to improve safety, improve the quality of care and expand home and community based alternatives to institutional settings. The Governor asked our own David Ellis, Parliamentarian and Chief House Counsel, to chair a group that included all comers, all providers, all advocates and he very ably created consensus around the proposals that are in Amendments 1, 2, and 3. So, the three broad categories were to enhance preadmission screening and background checks. Second, set higher standards of care. And three, expand alternatives to long- term care facility of resident by expanding community based residential and service options. So, first, enhancing preadmissions and background checks. There will be prescreening for all nursing home residents performed by outside agencies that are not in providing services themselves, so that we can make sure people going into these long-term care facilities would not be better served in the community. We would also make sure that there are criminal history background checks before the patient arrives at the nursing home. Requires the Department of State Police to notify local jurisdictions of outstanding 09600138.doc 159  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 warrants and permits nursing homes to admit people on a provisional basis while their criminal background check is continuing. In the second area, setting and enforcing higher standards of care. First, every facility is going to have to implement a specific comprehensive resident care plan. Second, staffing levels will be increased, 3.8 hours of skilled care and 2.5 hours of intermediate care over four years. Nursing homes that deal with the mentally ill will have to get special certification and those who work with people who may pose dangers to others will get a different kind of certification and will be required to keep those dangerous people separated, physically separated from others in the facility. We established a new kind of penalty, expand the Department of Public Health's authority to suspend and revoke licenses. Provides whistleblower protections, and mandates reporting of abuse in facilities among nursing home owners, insurance companies, state's attorneys and state agencies. Increase the license facility… the facility license fees so that the Department of Public Health has an opportunity to do good regulation, good enforcement. And establishes a working group of advocates, providers, state agencies and the Governor's Office to develop a plan to raise additional revenue and to figure out how we can pay Medicaid providers based on the acuity of the care of the patients that they work. This plan will come to us by November 1, 2010. And then finally we will develop community transition plans to allow residents greater access to community based services. I'd 09600138.doc 160  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 be happy to answer your questions, and I'd appreciate your support for this measure."

"Lady moves for the adoption of the Amendment. On that question, the Chair recognizes Representative Brady."

"Lady yields."

"It'll be in the Department of Healthcare and Family Services, that is the agency that provides reimbursement to Medicaid providers today. But there will be other agency involvement and all elements of the groups that care, that is to say, the advocates, the providers, and others will be involved in operating with this working group."

"I believe by the Governor, but they…" 09600138.doc 161  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"By the Governor, but they will operate through the Department of Healthcare and Family Services."

"Correct. That's correct."

"Representative Currie to close."

"Thank you. I'd appreciate your 'aye' vote on Amendments 1, 2, and 3. Can we do that on a single Roll Call?"

"Is there any objection to doing these on one Roll Call? Seeing none, those in favor of adoption of all three Amendments say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And all three Amendments are adopted. Mr. Clerk."

"Third Reading. Please read the Bill."

"Representative Currie."

"Thank you, Speaker and Members of the House. The Bill I just described is the Bill before us. I'd appreciate your 'yes' votes."

"Those in favor vote 'yes'; opposed 'no'. Sorry, Mr. Clerk, a late arrival, Mr. Black."

"If I could figure out what you were talking about, I'd ask her to yield."

"The Lady yields."

"Four years."

"That is correct."

"Representative Feigenholtz."

"Thank you. To the Bill. This is… Representative Currie, I'd like to congratulate you and David Ellis and everybody who was on this task force who worked day and night to get to 'yes'. And I believe that this is a great first step that we are dealing with a lot of very complex issues, complex formulas. We definitely, as other Members on the other side of the aisle had mentioned, definitely need to revisit the issue of other revenues and how we are going to shore up our long-term care system, not just in nursing homes where we give acute skilled care, but also rebalancing the system so that we appropriately place people. And I really appreciate the partnerships that have been forge. And I also encourage an 'aye' vote."

"Representative Fritchey."

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

"Lady yields."

"Leader Currie, for purposes of legislative intent. This legislation includes a change to the definition of 'neglect'. Can you please tell us what the meaning is of the change that we are making?"

"Well, the idea is to expand the definition of ‘neglect’ so the facility will continue to be responsible if it fails to provide adequate care, willfully withholds adequate care that causes actual harm to a resident, but in 09600138.doc 164  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 addition, a facility now will be responsible even if… even if there was not an actual harm done to the resident, if they've done something or failed to do something that puts the resident at risk for actual harm. So to that and necessary to avoid, includes, but is not limited to instances that result in actual harm."

"Thank you. I have no further questions."

"Representative Coulson."

"Lady yields."

"There will be a name check for anybody entering a nursing home. If anything turns up, a comparable name, there will be additional checks to make sure whether this individual is the same one that the name check identified. There will be… if there's additional information that suggests that Susie Q is indeed the Susie Q who had spent time in the slammer for battery, that there will be an effort to work with the FBI database and the LEAD database to make… to find out whether this is an individual who ought not to be permitted in the facility."

"And besides, I did say that the State Police will notify local jurisdictions if there are people with outstanding warrants so they can share that information with the facility."

"Yeah. As soon as we know someone’s on his or her way to the nursing home, the name check will happen."

"I think they'll be doing a name check for everyone. And only if there is some reason to think that this is somebody with a criminal background will they go beyond that."

"And then there's also a…"

Speaker Lang: "Please bring your remarks to a close, Representative."

"Right, and there…"

"…there will be a pilot in Cook and in Will in which they will do the more extensive investigations." 09600138.doc 166  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"There is a working group created under this Bill that will be housed in the Department of Healthcare and Family Services, appointed by the Governor, include members of the providing community, the advocacy community and state agencies to try to address the issue of revenue. And Medicaid reimbursement."

"There is… apparently, there's a memorandum of understanding between the Governor's Office and the members of the industry."

"Representative Currie will complete her answer."

"No. That is going to include an address to the question if there is going be some way… some new revenue to pay for it, and they also will be addressing the question of Medicaid reimbursement tied to the actual care that is provided to individuals in the institutions."

"Sir Osterman."

"To the Bill. Just want to remind the Body that the circumstance that let us be here today, and I want to compliment Barbara… Representative Currie and Dave Ellis and all the people that worked in a coalition to get us to this point, but there was gross mismanagement and horrific 09600138.doc 167  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 stories in nursing homes. And those are the elderly that… our grandmothers, and mothers and fathers, and we should have never gotten to this point. Points were brought up by the previous speaker about the implementation of this. And as we move forward as a Body, we have to make sure that this Bill is implemented in the proper way. So that we don't turn our backs and think that everything's solved, and 10 years later find us back to where we were before we dealt with this issue again. So, with that, I would ask everyone's support of the Bill, and also ask that we stay vigilant to monitor how this Bill is implemented."

"Representative Howard."

"Yes. Thank you, Mr. Speaker. I'd like to ask a question of the Sponsor."

"Lady yields."

"Representative Currie, for the purpose of legislative intent, do any of the provisions contained in this Bill impact intermediate care facilities for the developmentally disabled and long-term care facilities for under age 22?"

"No."

"Thank you."

"Representative Currie to close."

"Urge your 'aye' votes."

"The Lady's moved for the passage of the Bill. Those in favor shall vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please take the record. On this question, 118 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, 09600138.doc 168  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 is hereby declared passed. Mr. Clerk, committee announcement."

"On page 5 of the Calendar, Senate Bills-Second Reading, there appears Senate Bill 28. Mr. Clerk, please read the Bill."

"Speaker Madigan on Amendment #2."

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

"Those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Madigan on Amendment 3."

"Withdraw Amendment #3.”

"Amendment 3 is withdrawn. Speaker Madigan on Amendment 4.”

"I move to adopt the Amendment."

"Those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. Amendment 4 is adopted. Mr. Clerk. The Chair recognizes Representative Riley on a Motion." 09600138.doc 169  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"Thank you, Mr. Speaker. I would like withdraw my Motion to Table Senate Bill 28."

"Gentleman withdraws his Motion to Table. Mr. Clerk."

Speaker Lang: "Please put the Bill on the Order of Third Reading. And read the Bill for a third time."

"Speaker Madigan."

"Mr. Speaker and Ladies and Gentlemen of the House, this Bill makes significant reforms at the Metropolitan Pier and Exposition Authority in Chicago, better known as McCormick Place. To address the concerns of the show managers and exhibitors, the Bill establishes house rules for the grounds, buildings and facilities of the Authority. The Bill makes significant changes to the governance structure of the Authority. And the Bill attempts to fix the funding shortfall of the Authority which has led to a $55 million draw against the General Revenue Fund over the past three years. To ensure the financial security of the Authority and replace the loss of revenue from prohibiting markups on electrical services and food services, the Bill does a number of items which would put McCormick Place in a position to once again become an important element in the commerce of Chicago and Illinois. I move for the passage of the Bill."

"The Gentleman moves for the passage of Senate Bill 28. The Bill is on Short Debate. The Chair will 09600138.doc 170  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 remove the Bill from the Order of Short Debate. On this question, the Chair recognizes Representative Cross."

"Mr. Black."

"Sponsor yields."

"That's written into the Bill."

"Eighteen months."

"Well, the board would appoint him as the CEO after that 18-month period."

"Yes."

"Mr. Sacia."

"Sponsor yields."

"Mr. Sacia, I do believe that we're thinking about the same Bill, and my response to you would be that that Bill did not contain the reforms that this Bill contains." 09600138.doc 174  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"Mr. Sacia, I’m not quite sure I understand your question, but let me tell you what I know. Probably the last time the Legislature dealt with McCormick Place, it established four local taxes to support the construction of a new hall. And those taxes were dedicated to debt service and then as a ultimate guarantor for those taxes and for the debt service, why the Illinois state sales tax was pledged for the payment. As we moved into the economic downturn…"

"The Gentleman will complete his response." 09600138.doc 175  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"…those four local taxes failed to perform up to the level of expectation; therefore, forcing a draw on the General Revenue Fund, and the number that I recall was $17 million in the current budget and $35 million in the next budget. So, the draw on the General Revenue Fund happened pursuant to the provisions of State Law that provided for the financing for the construction of that last haul. To repeat what I said, there have been Bills that provided for yet another restructuring of the debt payments, but none of those Bills dealt with the significant work rule changes that are in this Bill. The testimony that was taken at the two hearings of the special committee established the current work rules at McCormick Place constituted an impediment to maintaining the shows that we want to come to Chicago and to come to McCormick Place. And this Bill would make those work rule changes and in addition, would do many other changes designed to make this a very efficient operation."

"Mr. Saviano."

"The purpose of that language is to provide the trustee with the power and the authority to make sure that the building and its operations are working efficiently, but as he does that, he is called upon to consider past practices."

"Mr. Saviano, again, these questions are under the power and the control of the trustee. The Bill calls upon the trustee to consult with that labor council. After a consultation with the labor council to render a decision, at that point, if a union is dissatisfied with the decision of the trustee, the union has the ability to take that matter into arbitration and that's where the language of the Bill provides that the arbitrator shall consider past practices."

"I believe you're reading from the Bill."

"That's the intent."

"The answer is yes."

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

"Gentleman yields." Davis, W.: "Mr. Speaker, as I observe this process with regard to McCormick Place, one of the things that is my understanding that will come out of this process is that 09600138.doc 178  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 they will build another hotel. Possibly rebuild the east building. Is that correct or not?"

"Well, Mr. Davis, those are the types of things that have been discussed.”

“They're not provided for in the legislation, but the legislation does provide increased bonding authority to the McCormick Place Authority to take on more debt. And in conversations with people around the building, they have talked in terms of those improvements." Davis, W.: "Okay. The reason I raise that question, Mr. Speaker, is… and one more question to you. The… as I understand this board or this entity that we call McPier, it is government, meaning State Government and city government working together. Meaning, in the past, the mayor would be able to make appointments to it as well as the Governor and possibly other leaders. So, it… So, it's some amalgamation of city and state working together, is that correct?"

"The answer is yes." Davis, W.: "Would you happen to know that under that umbrella, when it comes to contracting, dealing with minority contracts in particular, whether or not we… they would be subject to fulfilling requirements set by the state, set by the city or otherwise?"

"Mr. Davis, without regard to this Bill, the basic statute that provided for the creation of McPier contains language which is involved with minority participation. 09600138.doc 179  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 It's language that's almost identical to the language which has been used at construction of the White Sox ball park…" Davis, W.: "Okay."

"…the reconstruction of Soldier Field." Davis, W.: "Okay."

"It's… it's become standard language, and that's in the basic statute. The Bill provides that in the case of selection of underwriters and bond council for debt issuance, that there has to be reporting done pursuant to those activities, but the basic statute has that language which I would say has become standard." Davis, W.: "Kind of standard, I mean, and you talked about Soldier Field and I often… or I’m reminiscent of Representative… former Representative Lou Jones who often talked about how what was put in place to deal with Soldier Field was never enough. It wasn't adequate. There was still trouble making sure that we had minority contractors and that minorities both ethnic as well as gender minorities were given fair and ample opportunity. And my point in asking you these questions, Sir, is that as we move forward with this, because this is a big deal as other Representatives have talked about the importance to the state of McCormick Place, both Navy Pier and McCormick Place and its facilities. I'm just wanting to now get on the record as we are building this process, making sure that those who are… those who will have some say and some control in this understand how important minority contracting is going to be and that we will do everything that we can to watch to make sure and where there are 09600138.doc 180  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 opportunity to increase those goals, we hope that the board that's put in place will seek to increase those goals, not just live with a 10 percent goal if that's what the standard is or what that's been used before that we will work very hard to make sure that those goals are increased as high as they can possibly be and that particularly African Americans and others are given ample opportunity to work on this… on this project. So, that's why I decided to raise the questions now so that they become part of this record. And then also, one of the things I'm very, very concerned about, is that as I've observed McCormick Place and understand who's in the leadership structure currently, the leadership structure has a dearth of minorities in senior management there, a dearth of minorities in senior management. And while this Bill may or may not be able to address that specifically, again, it is my hope moving forward with those that who will be charged with replacing, because there's going to be replacement managers put…"

"Please bring your remarks to a close, Sir." Davis, W.: "Thank you, Mr. Speaker. There will be… those will be charged with hiring and putting people in place, that we have to do a better job in making sure that McCormick Place is indeed representative of minorities here in the State of Illinois, in the senior management positions. It may not be the chairman, but there are a number of positions that’ll fall underneath the chairman. And currently, it's a ba… they've done a bad job of making sure that there are minorities in those places and we have to make sure that that indeed happens. So, again, while this Bill may not 09600138.doc 181  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 speak to that, I just want this to be a part of the record moving forward that we are working to make sure that one of the best economic engines in the State of Illinois is reflective of the minority populations that exist here in the State of Illinois. Thank you very much, Mr. Speaker."

"Mr. Miller."

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

"Gentleman yields."

"I've heard a lot of discussions about the problems with McCormick Place and some generalities on what this legislation would do, and I just wanted to dive into a little bit of the more specifics. Particularly, since we're reconstituting the board and that… that the cost of having a trade show at McCormick Place has run businesses or… away, what is the purpose of reconstituting a board… creating a board and how's that addressing the underlying problem that exists?"

"Terms of addressing the underlying problem, I think you have to take the whole Bill, all aspects of the Bill. As I said previously, why changes in work rules are a significant part of the Bill, reconstituting the board is another significant part of the Bill, and in brief, I would say that over the last several years the management of McCormick Place has… has not improved. It's gone in the wrong direction. And in my judgment, we're at the point where we just need a new clean slate going forward."

"Okay. So, it has been said that… that either the labor costs were too high or it sounds like at that time of McCormick Place mismanagement might have been in place or 09600138.doc 182  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 companies were overcharging. And so, the attempt of this legislation is to deal with this at all different levels, deal with the cost of our labor costs, deal with the management costs? In the report that was issued, was there any spec… any particular drivers in terms of what had really… had prevented trade shows from coming here? Is there anything that… that would be more highlighted than the other that was the cause of this?"

"Well, again, I think you have to take the whole Bill and not identify one or two items in the Bill; it's the totality of the Bill. What you've probably heard quite a bit would be complaints of exhibitors."

"Right."

"Terms of charges put on exhibitors…"

"Right."

"…and in terms of their inability to do their own work in the exhibit. So, that's been remedied, because the language specifically provides that the exhibitor can do a great deal of their own work. Now, if the trustee determines that what they're attempting to do is causing a safety problem, then the trustee can order that they bring in trained personnel to construct a booth, construct an exhibit. Some of these exhibits get to be pretty big, and so you need forklifts, you need trained people."

"Okay. So, in similar states, is this legislation comparable like Orlando and others who, at least to my knowledge, have also lost convention business too?"

"The intent of the Bill is to make Chicago competitive with places like Orlando and Vegas, and although not 09600138.doc 183  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 perfect, it does make the three jurisdictions rather comparable."

"Okay. In terms of the airport departure tax and the distribution of it, it's in our analysis, can you explain to us or the Body exactly why that was doubled and the purpose of it in terms of, once again, the reform in trying to move us more competitive in… to trade shows?"

"The proceeds of the tax increase will be divided between the Chicago Convention and Tourism Bureau which would get 75 percent, and then the Rosemont Convention Center which would get 25 percent."

"And why, if I can ask this simple question?"

"The Chicago Convention Bureau works hand in hand with McCormick Place in terms of attempting to sell McCormick Place to shows and conventions and others. They work together. And there's been a level of dissatisfaction with the Chicago and Convention Bureau also."

"Mr. Speaker."

"Please bring your remarks to a close, Sir."

"Thank you. Just a few more questions for clarity. So, in doubling the… doubling the fee for the departure tax, this is to help… to exactly promote the City of Chicago towards conventions or… you know, I guess… why is it… why was this tax doubled in terms of them, and what were the proceeds going to? What conclusion… I mean, it had to be some drive on why this needed to happen, and I just wanted to hear an explanation."

"As I said, the Convention Bureau works together with McCormick Place, and again, there's a whole Bill here. And 09600138.doc 184  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 what we want to do to enhance the ability of the Convention Bureau to bring more shows, more conventions, keep what we have. Recognizing that the convention center in Rosemont played a complementary role to what happens at McCormick Place. There’s very little direct competition between the two because the shows in Rosemont are much smaller."

"Okay. And my last question is regarding naming rights, and just wanted to… is a portion of this legislation for you to elaborate on the differences and the process in which that may occur and what would happen in terms of… naming rights being sold versus if naming rights are not sold in the legislation here?"

"Statute simply gives the Authority the ability to sell naming rights as has been done at many venues all across the country. The statute provides that I think 75 percent of the proceeds from the sale of naming rights could be directed toward retirement of debt, and 25 percent could be used for operations."

"Okay. And this will be my last question. In terms of following up with Representative Davis, is there any requirements in terms of composition of the board in terms of minorities or diversity the City of Chicago possesses?"

"The only restrictions on the… on the composition of the board will be that one person would represent labor and another person would represent the show industry."

"Thank you, Mr. Speaker. Thank you, Mr. Speaker."

"Mr. Dunkin."

"Thank you, Mr. Speaker. To the Bill. I'd first like to… to really commend and thank the Speaker for… the 09600138.doc 185  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 Speaker and President… Senate President John Cullerton for actually indulging themselves completely in this process. I work with staff with Heather Wier, with… I spoke to David Ellis, Eric Madiar, Mr. Mark Jarmer, and they were actively engaged working mornings and evenings late into the night to come up with some level of response that's going to… well, respond to the customers, quite frankly. This is unprecedented in our state where we have intervened at multilevels. Suddenly the level of… the issue of governance has been addressed in this Bill. Not perfect, but it's addressed. The issue of refinancing our debt structure is huge. That is significant to the point where it's going to save us about $50 million a year, close to that, potentially, $800 million. That is huge; it's significant. The Speaker and the Senate President actually led communications, joint communications with the exhibitors, the show managers, the contractors, the trade unions. A lot of information was vetted. This is a very complicated world of doing major conventions, trade shows in this great state. And I'm, just again, immensely proud of how our Leader in both chambers, in particularly, our Speaker and staff put into this Bill to really give the customers a new found sense of confidence to come back here in our great state and spend money, put people to work, add to our tax base, and to just do the right thing in one of the world's best convention centers, and certainly the world's, one of the best trade… some of the best trade unions here in this country. So, this is a huge and significant step. I think it's a testament to again, our 09600138.doc 186  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 Leadership and the will to succeed in bringing customers back here to the State of Illinois. Again, I'm immensely proud and I'm happy to support this legislation. Congratulations, staff and Mr. Speaker for this Bill. Thank you."

"Speaker Madigan to close."

"Well, Mr. Speaker, I think we've had a very good discussion. I move for passage of the Bill."

"The Gentleman moves passage of the Bill. Those in favor vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Colvin, DeLuca, Fritchey, Joyce. Mr. Clerk, please take the record. On this question, there are 93 voting 'yes', 25 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On Supplemental Calendar #2, on Senate Bills- Second Reading, there appears Senate Bill 1642. Mr. Clerk, please read the Bill."

"Please hold the Bill on the Order of Second Reading, Mr. Clerk. On Supplemental Calendar #2, under Order of Resolutions, there appears House Joint Resolution 121. Representative Franks."

"Thank you, Mr. Speaker. The reason that we need House Joint Resolution 121 is because this Body had passed a 09600138.doc 187  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 provision that will be discussed on the November ballot on whether there should be an Amendment to the Constitution which would allow for the recall of Governor. Along with the requirement of having this on the ballot, there's also the requirement of having an explanation of what this does. House Joint Resolution does… fulfills that obligation by giving both the pros and the cons of this purported Constitutional Amendment. There was input from each of the caucuses. And I'd be happy to answer any questions."

Speaker Lang: "Gentleman moves for the adoption of the Resolution. And on that question, the Chair recognizes Representative Bost."

"Sponsor yields."

"Correct."

"Correct. And I found there was input from all four caucuses, and this unfortunately came pretty quick, ‘cause usually these are drafted after the deadline for the Constitutional Amendments which was just the other day, as you know, on Sunday."

"But because of the truncated Session that we have now, we've only had a few days to put together this pamphlet in the event that we may be adjourning. So, that's why…"

"…this was moved so quickly."

"Correct. Thank you."

"Those in favor of the Resolution shall 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? Crespo, May, Mendoza, Riley. Mendoza, Riley. Please take the record. On this question, there are 117 voting 'yes', 1 voting 'no'. And the Resolution is adopted. On page 9 of the Calendar, under the Order of Second Bills-Second Reading, appears Senate Bill 3576. Please read the Bill, Mr. Clerk."

"Representative Currie."

"Thank you, Speaker and Members of the House. Amendment 1, which has been approved by the State Government Administration Committee, provides for changes in the procurement process as we did last year. So, it makes a number of changes. For example, it clarifies that 09600138.doc 189  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 the new procedures take effect for contracts that are sent out in an RFP on or after July 1. It permits the Secretary of the Department of Transportation to appoint his own procurement officer, but that appointment will be subject to approval by the Executive Ethics Commission and confirmation by the Senate. It permits the current chief procurement officers to stay on through August 31, 2010, and the new procurement officer will assume his powers or his or her powers and duties on September 1, so we will have a reasonable and balanced transition from today's activities to tomorrow's. It will also show that extensions or renewals of contracts have to go to the Policy Procurement Board before they are executed if the cost is $250 thousand or above. Contracts must include financial information and copies of all contracts with subcontractors provided that the subcontractor has an annual total value of 25 thousand or more. Clarifies what the ban on soliciting or bidding on a contract means. The requirement to report procurement communications is clarified. And is the underlying Bill which today says that if you have property that is under 10 thousand square feet, and the rent is less than 100 thousand, you don't have to send information to the pol… the Policy Procurement Board. The reality is, there are plenty of rents that might be for relatively small acreage but may cost six million, seven million or eight. So, this would say that if it's either, either of these is met, then you will have to report to the Policy Procurement Board. And I've just been informed that what I explained was not Floor Amendment 1 09600138.doc 190  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 which I would like to withdraw, but it does explain Floor Amendment 2. So, if I could withdraw…"

"Floor Amendment #1 is withdrawn. The Lady has made her Motion for the adoption of Floor Amendment #2. Have you completed your explanation, Representative?"

"I have completed my explanation for Amendment #2."

"The Chair recognizes Representative Fritchey."

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

"Sponsor yields."

"Leader Currie, this legislation appears to be primarily… I guess cleanup, for lack of a better word, to Senate Bill 51 that we dealt with last year. Is that correct?"

"Correct."

"There was an issue that's been raised with me multiple times; I'm just curious if it's been addressed here. A number of individuals and entities that do business with the state felt that there was a disincentive for them to assist the state with being more efficient with new technologies and products because, if they were to point these new efficiencies out, they would then be precluded from bidding on any of these services or products that they’d be discussing with the state. And it… I think… I think it was an unintended consequence of Senate Bill 51, but one that I think has had somewhat of a chilling effect on what could be potential cost savings to the state. Is that addressed in this?"

"We, in fact, did precisely because of the concerns you raised, we clarified that the ban doesn't apply if the 09600138.doc 191  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 person or business assisted in response to a publicly issued opportunity to review drafts, initiates communications to provide general information about a product, a service, and so forth, and inapplicable to communication as document… documented or their response to a communication initiated by a state employee just for the purpose of providing information to evaluate new products, vends and services."

"Thank you, Leader Currie. To the Bill. Ladies and Gentlemen, when we took on procurement reform last year, it was a significant step forward in cleaning up the process, adding transparency to the process, making the process more efficient. Whenever you take on an undertaking as complex as procurement reform, there are bound to be items that practice will show need to be further buttoned down and addressed. This legislation seems to be a significant step forward on what was previously a significant step forward, and should help restore not just honest operations within State Government but public confidence in State Government as well. Thank you."

"Those in favor of the Motion shall vote 'yes'; those op… those in favor of the Motion shall say 'yes'; opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. Please read the Bill for the third time."

"Those in favor of the Bill shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Pihos. Mr. Clerk, please take the record. On this question, there are 102 voting 'yes', 16 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Senate Bills-Second Reading, on page 6 appears Senate Bill 377. Please read the Bill."

"Representative Currie on Amendment 3."

"Thank you, Speaker and Members of the House. This is the Governor's proposal for a tax amnesty program. And the idea would be, that during a six-weeks period, people who owe money to the state would be able to pay up and would not be subject to penalties and interest. I'd be happy to answer your questions. The hope is that this could bring in, along with a few other changes; for example, enabling state agencies to hire debt collection services if debts are more than 12 months old, and enabling state agencies to enter into deferred payment plans and so forth and so on. We think during the coming fiscal year, this proposal could bring in as much as $250 million. I'd be happy to answer your questions." 09600138.doc 193  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

Speaker Lang: "The Lady's moved for the adoption of Floor Amendment #3 to Senate Bill 377. And on that question, the Chair recognizes Representative Black."

"State your inquiry, Sir."

"Mr. Black, there were no lights on when I called for the vote. Mr. Eddy put his light on after I called for the vote and there were no other lights on at the time."

"No, Sir, it was not."

"My eyes are just fine, Sir. Do you wish to speak to the Motion, Sir?"

"Everyone who wishes to speak on whatever order the Bill is on, Short Debate, Standard Debate, will be recognized in the appropriate… under the appropriate rule, Sir."

"I'm doing just great, Sir. How about yourself?" 09600138.doc 194  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"A second one? Please proceed."

"Mr. Clerk."

"Mr. Black."

"Thank you. Mr. Franks."

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

"Lady yields."

"Representative, I wanted to ask you some specifics about House Amendment #3, if I may. First of all, I appreciate the inclusion of selling the debt. That's something I've been pushing on the Governor for a long time and I'm happy to see that this is part of the Bill. But my question was, on this amnesty proposals, under what conditions will there be amnesty, and what type of taxes are we looking at that will be subject to the amnesty?"

"So, it would be a six-weeks period, October 1 to the middle of November of this year. It's modeled after the 09600138.doc 195  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 last amnesty program, and it would cover all taxes that are collected by the State Department of Revenue."

"So, it’d be business as well as individuals for any…"

"Yes."

"…for any taxes?"

"Right."

"Okay. And this is looking to generate approximately $250 million?"

"With the inclusion of things like the ability to sell the state debt and to enter into deferred payment plans and so forth and so on, yes."

"Okay. When's the last time that we've done an amnesty plan?"

"2003."

"And do we know the numbers of how much we collected at that time, exclusive of these additional items that we have in this Bill?"

"Five hundred and thirty million."

"So, why do we think this one is going to be so much less?"

"Partly because we're doing it so soon…"

"Okay."

"…after the last one. The last one was done in 2003 and I think it had been about 20 years earlier that we did the previous one."

"Okay. So, this is a blanket amnesty for all taxes that can be collected by the Secretary of State and the Department of Revenue?"

"No, just by the Department of Revenue, I believe." 09600138.doc 196  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"Oh, just by the Department of Revenue. Okay. I'm sorry. I guess the appeals usually come to the Secretary of State, am I correct? The appeals…"

"Please bring your questions to a close, Mr. Franks."

"Sometimes when you have a question on a business tax, for instance, and that's been implemented, the appeals process is through the Secretary of State. So, these taxes would be included as well?"

"My understanding is it's only those that are collected by the Department of Revenue."

"Are there… are there any taxes that aren't collected by the Department of Revenue?"

"Well, for example, the Corporate Franchise Fee, that would go to the Secretary of State's Office."

"Okay. But that's about it? I'm just try… I'm just trying to find out the scope."

"Yeah. And I… I don't know. I don't know if there may be others as well."

"Okay. I'll ask staff. Thank you."

"Representative Mulligan."

"Lady yields."

"I think they would not be included in this. If they're already doing a payment plan, I think that will continue." 09600138.doc 197  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"Yes. We changed the dates in the Amendment that's before us now."

"After the amnesty is over."

"So it's a kind of…"

"…it's a kind of a carrot to encourage people to pay up during the amnesty people because there's a stick if you don't."

"No. Only if you come in after the amnesty or they discover after the amnesty, that you owe a significant sum of money, then they're able to charge you…"

"Representative, please complete your answer."

"…a higher penalty than would be true today."

"Representative Mulligan, please complete your comments."

"I anticipate it will."

"Not in the Bill itself, but they certainly did a lot of advertising the last time we did an amnesty program."

"Representative Careen Gordon." Gordon, C.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"Lady yields." Gordon, C.: "Thank you. Leader Currie, the money that's collected will go into GRF, is that correct?"

"Yes." Gordon, C.: "And there's three different ways that the Department of Revenue can settle these debts. One would be a deferred payment plan, is that right?"

"Right. Under this measure, agencies would be able to do that kind of plan which is not currently available to them." 09600138.doc 199  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 Gordon, C.: "Why is… Okay. And the second one would be a compromised settlement where they could agree to settle for no less than 80 percent of the past due debt?"

"And… and that, again, is not part of amnesty but it is a new authority granted state agencies that are owed money." Gordon, C.: "So, would the outstanding amount that's due if they only collect 80 percent of all the debts, then is the amount that this is expected to generate, does that take into consideration that if everything was settled for 80 percent, is that amount taken into consideration?"

"Well, everything wouldn't be settled for 80 percent on the dollar. I think what this means is that if somebody is not able to pay the full amount, instead of just standing there with our pockets empty, we will enable them to negotiate a settlement and get something rather than nothing." Gordon, C.: "And this is only for individuals, correct? No businesses, no corporations, this is only for…"

"Ord… ordinarily… ordinar…" Gordon, C.: "…individual taxpayers?"

"Ordinarily, these agencies I think would be dealing with businesses, not individuals." Gordon, C.: "All right. I don't think… I’m sorry, Leader, I don't think that answers my question. This is for… the way this is set up this is for… So, it is for businesses and corporations, or it's only for individuals? Because the way I understood it in Revenue when it was actually presented by Mr. Speaker in the Chair, Leader Lang, it was 09600138.doc 200  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 dealt with by individuals. So, is this for corporate entities…"

"No businesses…" Gordon, C.: "…and business entities?"

"…as well. Right, right. There was the… there was a proposal in Amendment 2 that failed in committee that applied only to individuals, but this is not that provision."

Speaker Lang: "We'll provide Representative Gordon time to finish her question." Gordon, C.: "So, is it for individuals or is it for businesses and corporations or which?"

"It would be for individuals, businesses and corporations, but I should imagine for these compromised settlements, you're primarily talking about businesses and corporations." Gordon, C.: "But when they pay this, there will be no interest and there will be no penalty?"

"Which Section of the Bill are looking at right now?" Gordon, C.: "I'm saying that this becomes… you're saying, specifically a tax amnesty and debt collection Bill…"

"Right. That's right. Tax amnesty says we're not going to charge you penalties and interest." Gordon, C.: "And what's the amount this is expected to collect?"

"We anticipate that the total Bill would be worth about 250 million in the coming fiscal year." Gordon, C.: "Okay. This is completely different information that was given now than it was in the Revenue Committee." 09600138.doc 201  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"But that's the information that we have today." Gordon, C.: "As opposed to five hours ago? Thank you, Leader."

"Representative Dugan."

"Speaker, will the Sponsor yield?"

"Lady yields."

"Leader Currie, I just wanted to check to make sure I understood. So, this is anybody that's owed taxes from June 30, 2002 to June 30, 2010?"

"2009, actually. Through 2009."

"Okay. And… and is… I just wanted, again, to make sure, and I think this question was asked, but so, anybody who now was behind on their taxes and has made payments, arrangements with the state. So, have come forward and said I fell behind and I want to pay what I owe. Those people, in some cases, are still paying interest and penalty, they just set up payment plans with the state. Those people would not be able to take… would not be able to do this amnesty program, so they would still pay whatever agreement they came to, penalties and interest?”

“Right.”

“Correct?"

"I believe… I believe that's right. And certainly anybody who, during this period, has paid penalties and interest would not be entitled to get the penalty and the interest back."

"And so, I only have one other question, and Leader Currie, maybe you can answer this for me. But could you tell me what the policy is in the state? I mean, how does someone go from 2002 to 2009 and not pay taxes? What's our 09600138.doc 202  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010 policy in the state to collect taxes that are owed the state?"

"Well, in fact, there is an enforcement division within the Department of Revenue, and they are out on a daily basis trying to make sure that people are paying up. Many of the people who might participate in this amnesty, especially business entities that might choose to participate, are actually protesting the department's decision that they owe taxes. So, there's a protest period and there are people who are not paying because they think the department is wrong. And if those people decide to pay up, they will not face penalties and interest. So, I think a lot of the money that comes in is going to come from business enterprises, some of which are already under some kind of enforcement activity…"

"Please complete your remarks."

"…by the department."

"Thank you. And Leader Currie, like I said, I guess I'm just a little confused that they're protesting their taxes so they may not end up owing them, then I'm just… I'm a little concerned as to whether the amount we believe we may get is actually an amount we may, and the fact that people can owe taxes for this many years and then come through at this time, otherwise and any other time they don't come through. So, thank you very much."

"Representative Durkin."

"Sponsor yields." 09600138.doc 203  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 138th Legislative Day 5/6/2010

"I'm checking that the… first of all, they would not be able to do it unless the Attorney General's Office certified that…"

"…this made good public policy sense."

"So, the Comp… the Comptroller would be required to set up an RF fee, similar to that which is already required under the Procurement Code."

"Those in favor of the adoption of the Amendment shall say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. Floor Amendment #3 is adopted. Mr. Clerk."

"Third Reading. The Chair recognizes Mr. Black."

"Senate Bill 377. Mr. Clerk, please read the Bill for the third time."

"Please take it out of the record, Mr. Clerk. The Chair recognizes Speaker Madigan."

"Ladies and Gentlemen, we're prepared to adjourn for the evening. We'll come back into Session at about 9:30 with committees before Session. For the Democrats, we'd like you to all be on time, 9:30, and then we're going to go to a caucus to meet with Governor Quinn. So, please be on time. Thank you."

"The Chair recognizes Representative Stephens."

"State your inquiry, Sir."

"I think you'll have to take that up with the Governor, Sir."

"Mr. Clerk."

"Mr. Clerk, committee announcements."

"Mr. Clerk, Agreed Resolutions."

"Representative Currie moves for the adoption of the Agreed Resolutions. All in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Agreed Resolutions are adopted. The Chair recognizes Representative Black."

Speaker Lang: "Mr. Black, I think we're all aware of the intention of Leaders to complete our work, but we… you know as well as I do, that we can't always count on finishing when anticipated. So…"

"Mr. Clerk, committee announcement."

"And now allowing for perfunctory time for the Clerk, Representative Currie moves that the House does stand adjourned ‘til Friday, May 7 at 9:30 a.m. Those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the House does stand adjourned."