Illinois House Floor Debate — May 7, 2010

Speaker Lyons: "Good morning, Illinois. Your House of Representatives will come to order. Members are asked to please be at your desks. We shall be led in prayer today by Reverend Jeffrey Hammer. Reverend Hammer is with the First Baptist Church of Marengo in Marengo, Illinois. Reverend Hammer is the guest of Representative Jack Franks. Members and guests are asked to please refrain from starting their laptops, turn off all your phones, your cell phones… your phones, pagers and electrical devices and please rise for the invocation and the Pledge of Allegiance. Reverend Jeffrey Hammer."

"Representative John Fritchey, would you please lead us in the Pledge of Allegiance."

"Roll Call for Attendance. Representative Bost, what's the status of the GOP today?"

"Representative Osterman, Democrats."

"All Democrats are here and eager to meet with our Governor."

"Mr. Clerk, take the roll. There's 118 Members answering the Roll Call. We have a quorum. We're prepared to do the work of the people of the State of Illinois. Mr. Clerk, Committee Reports." 09600139.doc 2  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"Mr. Clerk, Committee Reports."

"Mr. Clerk, Representative Mendoza has, on the Order of Senate Bills-Second Reading, Senate Bill 2612. What's the status of that Bill, Mr. Clerk?"

Speaker Lyons: "Representative Susana Mendoza on Floor Amendment #2."

"Thank you, Mr. Speaker. Floor Amendment #2 becomes the Bill and Senate Bill 2612 simply authorizes municipalities that impose certain taxes or fees collected by public utilities to conduct audits to determine the accuracy of the taxes or fees paid to the municipality. This Bill sets forth procedures under which a municipality may collect information from a public utility. This also applies to cable companies and it would allow them to collect the information necessary to perform a proper audit. It sets forth the procedures concerning the audit findings, liability for errors, penalties, confidentiality, and exemptions. This Bill has undergone a tremendous amount of negotiations and the Illinois Municipal League which was opposed to it is now neutral on the Bill. The Bill passed the Senate unanimously, and I would certainly ask for your support today. Be happy to answer any questions."

Speaker Lyons: "Is there any discussion? Seeing none the question is, 'Should Floor Amendment #2 be adopted?' All those in favor signify by saying 'yes'; those opposed saying 'no'. In the opinion of the Chair, the 'ayes' have 09600139.doc 5  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 it. And the Amendment is adopted. Anything further, Mr. Clerk?"

"Third Reading. Representative Black, for what purpose do you seek recognition, Sir?"

"Mr. Clerk, on the Order of Third Readings, Representative Mendoza has Senate Bill 2612. Read the Bill, Mr. Clerk."

"Representative Susana Mendoza."

"Thank you, Mr. Speaker. I just read what the Bill did. I can repeat it if you'd like, but… establishes a framework where municipalities can audit, at least once every two years, the taxes that are collected by various utilities or cable companies. Be happy to answer any questions. Look forward to your support." 09600139.doc 6  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"You've heard the Lady's explanation. Is there any discussion? The Chair recognizes the Gentleman from Cook, Representative Mark Walker."

"Will the Sponsor yield?"

"Sponsor yields."

"My understanding is that some of my local communities were opposed because Amendment 2 establishes a requirement that in order to do an audit that has individual household bills involved, which is necessary, every single individual household in the town has to approve it."

"The situation that you're referring to is with the City of Des Plaines which currently is in litigation. They have now signed on to the Bill as neutral and their concern is not affected at all with my current legislation. What they would like to do, and the reason why they're… they were in opposition is because they would like to have access to confidential information about the customer, which is currently not available to them under the current law. The only thing this Bill does is go ahead and keep the current law as is when it comes to customer confidentiality. Their issue is an issue that they're taking up with the courts and it is not impacted in any way, shape, whatsoever, by the current legislation that we're moving forward. As of yesterday in committee, Des Plaines is now neutral on the legislation."

"Thank you."

"Sure."

"The Chair recognizes the Gentleman from Ver… Vermilion, Representative Bill Black." 09600139.doc 7  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"The Sponsor yields."

"No, that's a great question. The utility companies are not after confidential information. The municipalities are interested. Some of them that are in litigation right now would like more confident… confidential information about the customer. For example: exactly what type of…of usage they had regarding their cable usage or their utility usage. That's information that currently under law is protected by confidentiality clauses. That's the current law now, Representative. Our Bill does not change that. But, we'd like to continue to protect customers as to what their private information is."

"That information is available."

"It is available. That information…"

"Let me give you… I'll read it off the Bill, just give me …"

"…two seconds here to find it." 09600139.doc 8  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"Pardon me, Mr. Black."

"Representative, I've been made aware that the… the information that is currently protected under the law is proprietary information about the consumer. It's basically who the consumer is exactly instead of like, for example, an address, who the person is, what it is in the case of cable that they're viewing. That type of personal information which is currently protected under the law. The issue with audits and mistakes in audits is oftentimes about addresses. So like, for example, the municipal… the cable company they… or the utility company, they will tax per address not necessarily per customer. So, not Bill Black but by your address. If they tax an address and send the money to a different municipality, that's the error. There's no need for the municipality to know anything more about Bill Black. They just need to know is the address that you live at, the address that is supposed to be generating revenue for them in taxes. That is why your personal information should be kept private from municipalities. The only thing they need to know about you is… is the address in question producing the revenue that would provide the taxes to that municipality."

"This Bill does nothing to change current law in confidentiality."

"Representative, I'm sorry, I don't understand your question."

"This is exactly the information they would need. In an electronic format the database used by the electricity deliverer to determine the amount due to the municipality. Provided, however, that if the municipality has requested customer-specific billing usage and load shape data from any electricity deliverer, that is an electric utility and has not provided the electric utility with the verifiable authorization required by Section 16-122, current law of the Public Utilities Act, the electric utility shall remove from the database all customer-specific billing, usage and load shape data before providing it to the municipality."

"We'll give you another minute to finish your discussion."

"Thank you, Speaker. The utility companies need to be able to provide the information to the municipality relevant to the usage for proper billing and taxing of the entity. They do that now. This will not give any information that is currently not available under current law to municipalities. They would like to reach a little 09600139.doc 10  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 bit further because some municipalities are in current litigation, would like retroactive access to specific customer information that is not available to them under current law. My Bill does not impact that whatsoever. So we're basically talking about something that is not available today to municipalities, and won't be, even if this Bill passes."

"Thank you."

"Representative Patti Bellock."

"Sponsor yields."

"The whole…"

"…point about doing this Bill is that it's driven by the municipalities because they're losing money now due to 09600139.doc 11  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 mistakes done by utilities and the cable companies, giving revenues that, for example, would be due your municipality to a different municipality."

"See, the whole purpose of doing an audit would be to make sure that you're collecting the proper revenues that are due your municipality. This Bill is not driven by the ca… by the cable or utility companies; it's driven by the municipalities, by the mayors who want to make sure that their municipality is receiving the correct amount of money due to them. And we have worked extensively with the Illinois Municipal League, also with the City of Chicago to make sure that all of the concerns that the mayors have had, for the most part, are now in this Bill. The only sticking point still out there with three of the municipalities that are in current litigation is that they would like more access to specific customer information which is not available to them because it's protected under current law. They're in current litigation. They are going to have to take that up with the courts. This Bill does nothing to impact it. As a matter of fact, grandfathers in anyone who is in current litigation or anyone who has already started an audit before the effective date of this Bill taking effect."

"Sure."

"Representative Robyn Gabel."

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

"Sponsor yields, Robyn." 09600139.doc 12  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"Sponsor yields. Thank you. I was just wondering why Chi… is Chicago exempt from this… from this legislation?"

"Chicago is exempt from this and one of the major reasons is because a big portion of this Bill is related to the Taxpayers' Bill of Rights. And the Taxpayer Bill of Rights was passed in this General Assembly and led by the Illinois Municipal League. At the time that the Illinois Municipal League passed the Taxpayers' Bill of Rights, the City of Chicago was not… was exempted from the Taxpayer Bill of Rights. So this would complicate everything for the City of Chicago because the City of Chicago is so large that it already does its own auditing, it has its own Department of Revenue, that imposes its own collection methods, fees for penalties, et cetera, that it… it really is not appropriate to include the City of Chicago since they have their own mechanism."

"Thank you."

"Representative Anthony DeLuca."

"Thank you, Mr. Speaker, to the Bill. I rise in support of this Bill. As a former mayor who conducted a successful audit, this Bill… many of the issues that were brought up by some of the municipalities, many of the mayors that are contacting you with certain concerns that they have, this Bill addresses them. This Amendment addressed many of the issues that they're bringing up and it was in committee yesterday afternoon. Many of the mayors, 'cause I've spoken to some of them, aren't even aware that the Amendment was adopted yesterday in committee, went through committee yesterday and what's in 09600139.doc 13  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 the Amendment. So, I've been working with the Illinois Municipal League, helping them disseminate that information to the municipalities so they're aware that the Illinois Municipal League is now neutral on this Bill. We've had countless meetings to work through this Bill and I ask you to support it. Thank you."

"Representative Mendoza to close."

"Just want to thank you for the discussion and would ask for your support."

Speaker Lyons: "The question is, 'Should Senate Bill 2612 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Washington, Representative Fortner. Representative Fortner, like to be recorded. Mr. Clerk, take the record. On this Bill, there are 85 Members voting 'yes', 33 voting 'no', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative JoAnn Osmond."

"Representative Dan Burke, Motion."

"Thank you, Mr. Speaker. I believe that the Demo… Democrats will be going to caucus and I would ask that you would permit us to retire to Room 118, is it or…"

"114."

"114."

"Republicans will be going to caucus in Room 118. Democrats, we are going to Room 114. Republicans, 09600139.doc 14  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 you're going to Room 118 and we'll stand at ease 'til the call of the Chair."

"The House will come to order. Mr. Clerk."

"On page 14 of the Calendar there appears under… or… Agreed Resolutions. House Resolution 1079, Representative Leitch."

Speaker Lang: "The gentleman moves for the passage of the Resolution. Those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Resolution is adopted. On page 4 of the Calendar, under Senate Bills–Third Reading, there appears Senate Bill 3464, Representative Rita. Mr. Rita. Please read the Bill. Mr. Clerk, please place this Bill on the Order of Second Reading at the request of the Sponsor and read the Bill."

"Mr. Rita."

"Thank you, Mr. Speaker. I move that we adopt Amendment #4 and we can discuss it with…with all the Amendments on the Bill."

"The Gentleman moves 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. Clerk."

"Third Reading. Please read the Bill for the third time." 09600139.doc 16  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"Mr. Rita."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. Senate Bill 3464 is four different individual Bills that are combined into one that… under my understanding, that there's no known opposition to this. What it does is it combines the underlying Bill that was from the ICC that repeals an Act that is no longer being used. Second provision gives notice to self… to Members of the General Assembly or to the Member where a cell phone tower is to be built in an unincorporated to the county board and to the State Representative or Senator in that district, 30 days notice. And it also assists the pay phone industry to help keep the 12 thousand existing pay phones in operation and the other portion is initiative of the township officials to dealing with cell phone towers in construction and/or new cell phone towers on township property. Be happy to answer any questions."

"The Gentleman moves for the passage of the Bill. And on that question, the Chair recognizes Representative Franks."

"Thank you. Inquiry of the Chair."

"State your inquiry, Sir."

"Has House Amendment #4 been adopted?"

"Mr. Clerk."

"Mr. Franks." 09600139.doc 17  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"Thank you. I'd like to ask a question of the Sponsor then."

"Gentleman yields."

"Representative, House Amendment #4 made a change indicating that the notice and competitive bidding procedure for the lease of the township property for a wireless telecommunication tower would now be discretionary. Why would we do that instead of requiring notice in… in competitive bidding?"

"Well, this was an initiative with Representative Ramey that put this one. And, I believe there was a problem with an existing tower that was on township property and it's caused some problems with going out for that bid. And what they were trying to do is just sort of kind of reconstruct it."

"Well, couldn't… the problem though, the way this is drafted, is I think it would… significantly weaken the bidding process. Because, right now, notice of competitive bidding are required for these and this would make a fee change in indicating that they would no longer be required to have notice in competitive bidding."

"Can…can you repeat that question?"

"Right now, currently, notice in competitive bidding procedures for lease and sale of township property are mandatory for wireless telecommunication towers. This Amendment would no longer make it mandatory, but make it discretionary. Why would we do that?"

"So… my understanding is that what happens is that you'd end up getting just one company bidding on it, so this 09600139.doc 18  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 would open it up so that it… what it's doing then is actually increasing what it would cost to do this."

"Mr. Ramey is explaining his rationale to me, so I appreciate that. I'll… no further questions."

"Mr. Bost."

"As long as you're talking, go ahead, Sir."

"Who do you want to excuse?"

"The record will so reflect. Thank you, Sir."

"Then you may do that as well, Sir. I'll start the timer again for you."

"Gentleman yields."

"The… there being… they come from the line surcharge, which would go into a separate fund or go to the ICC. They 09600139.doc 19  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 could go into a separate fund and/or of… the existing fund to help…"

"…assist them."

"Does it have what?"

"No."

"No."

"Yes."

"No."

"No."

"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? Cole, Dugan, Gordon, Jakobsson, Lyons, Winters. Please take the record. On this question, there are 75 voting 'yes', 41 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on page 7 of the Calendar, under the Order of Senate Bills-Second Reading, there appears Senate Bill 3739. Please read the Bill." 09600139.doc 20  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"Mr. Lyons."

"Thank you, Mr. Speaker. The original Bill, the underlying Bill this… 3739, as amended, does three things: it creates the Foreclosure Prevention Program; it creates an Abandoned Residential Property Municipality Relief Fund; and, it expands the existing 30/30 Fund that we passed last year for another three years. The Foreclosure Prevention Fund will… this will create a fund that will distribute money to… approved counseling… agencies and approved counseling… for approved housing counseling for both the City of Chicago or outside the City of Chicago be broken up two ways. Twenty-five percent will go to communities outside the City of Chicago for their own municipal fund as well as community-based outreach programs to help do the same counseling and 50 percent of the fund will go to the city, 25 half of it… again, 25 percent to go to the city for their agencies, and 25 for community-based agencies to work with people to help keep people that are having foreclosure problems in their homes. The fund will be funded by a $50 filing fee, filed by the plaintiffs who are putting the house… housing in foreclosure. This $50 fee was language that was given to us by the financial institution. That takes them out of their opposition to this. They're not certainly elated with this, but they are no longer opposing this whole legislation with the funding process with… in the language that they gave us. Secondly, 09600139.doc 21  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 the Abandoned Residential Property Municipal Relief Fund is a fund that's going to be created on the back end of this foreclosure situation where people who are now purchasing these foreclosed properties at six cents, seven cents, eight cents on a dollar will now be funding this to the tune of a dollar for every thousand dollars that the foreclosures… we're capping it at a maximum of 300. Seventy-five percent of the money shall be distributed to municipali… municipalities other than Chicago, 25 to the City of Chicago. So, this is a program to help people in the State of Illinois going through foreclosure. We started this program last year with 30/30/30 program. We're extending the deadline on that without spending any money of the State of Illinois through the foreclosure process, front-ending it for the counseling, back-ending it for the abandoned building problems and for the building situation that we have where this is a plague. We're looking for your 'aye' vote and try to help move this back over to the Senate for concurrence. So, I'm looking for 'aye' votes. Be happy to answer any question."

"The Gentleman moves for the adoption of the Amendment. On that question, the Chair recognizes Representative Yarbrough."

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

"Gentleman yields."

"Representative, I sponsored a Bill last Session that would have required banks to take responsibility for vacant properties. Instead of that, this Bill creates an Abandoned Residential Property Municipality Relief Program 09600139.doc 22  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 and the program will be funded from a fee on judicial sales. The fee's going to be a dollar for every thousand dollars of property value. Now, in my district a lot of the foreclosed properties sell for $5 thousand or $10 thousand. So, they are only going to generate 5 or 10 dollars for this relief fund. So, my question is are there any projections about how much relief this Bill will provide?"

"Well, my understanding would be… no, we don't have a real hard core… hard fast estimate on what this is going to generate, but it will… whatever does come in will help fund the program that you put on the books last year."

"Doesn't sound like it's enough to me, Representative. Second…"

"It's a start, Representative. It is a start."

"Okay. Secondly, it looks to me like the fee doesn't apply when the bank takes possession of the property they foreclose upon. On page 19, line 4 through 8 it says that 'No fee shall be paid by the mortgagee acquiring the residential real estate pursuant to its credit bid at the sale or by any mortgagee, judgment creditor, or other lien or acquiring the residential real estate whose rights in and to the residential real estate arose prior to the sale.' Does… does that mean that the banks won't have to pay this fee?"

"That's correct. On that portion which they have invested in it, they will be exempt." 09600139.doc 23  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"Wow. So… so, the fee… the fee is awfully low and it's not going to apply to 95 percent of the cases. Do you know how much the municipal…"

"Please bring your remarks to a close."

"Okay. This is my final question. I want to know, do you know how much the municipalities pay to secure these vacant properties? It's not five or ten bucks. You know, in many cases its thousands and thousands of dollars. To the Bill, Mr. Speaker. This Bill is not good enough. Why is it that when we're dealing with these huge problems we don't really address the real issue? I don't know how I'm going to go home this weekend and once again done nothing for my constituents in my communities that are suffering so terribly with these foreclosures. We've had over 140 thousand foreclosures across the United States and I'm sure there are many more coming. We've go to support programs that help people to save their homes, real programs. A $50 fee on foreclosure filings will help a little, but nowhere near. Representative, I'm going to support this Bill and I hope that you'll work with me and others who are… really want to do something about foreclosures in the future so that we can really get this job done. Thank you."

"Representative May."

"Will the Sponsor yield?"

"Gentleman yields."

"Yes. I noticed in part of this that the money's going to Chicago and cities other than Chicago. It's 75 percent to municipalities other than Chicago and 25 to the City of 09600139.doc 24  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 Chicago. How were those percentages determined? Do they reflect the number of foreclosures around our state?"

"Actually, Representative, Chicago gets a little bit cheated out of this thing. It's a more generous… it's a more generous formula to the municipalities outside of the City of Chicago, but it was what… was agreed to in the language that we put together here, so…"

"Okay. Are there… does this Bill have any other provisions that would give tools to municipalities. I think that there was some talk around the Capitol of tools to municipalities to address their rights or powers to force the agency, the lending agency that owns the property, to keep it in good repair. Is there anything in this Bill about that?"

"The direct answer to your question would be no, there isn't. But, it does give money to municipalities to help Representative Yarbrough's Bill at least get a start of a foundational funding to do that."

"Has the Municipal League weighed in on this?"

"No."

"Okay. Thank you."

"Mr. Lyons to close."

"Ladies and Gentlemen, this is, again… we put these Amendments on this Bill. It extends the 30-30-30 Program which has helped close to a thousand people in the State of Illinois over the last year since it's been implemented. It extends that program for another 30… 3 years. What the new proposal does here is at least starts the program to have a funding stream for the counseling agencies that are, 09600139.doc 25  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 of course, going to be monitored by IHDA and, you know, be supported, of course, by HUD initiatives as far as some keeping that philosophical desire to help people who want to find some help, stay in their homes. I would ask for your 'aye' vote."

"Those in favor of the adoption of the Amendment shall say 'yes'; opposed '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."

"Mr. Lyons."

"Ask for your 'aye' vote."

"Those in favor shall vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Bellock, Gordon, Tryon. Please take the record. On this question, 87 voting 'yes', 26 voting 'no', 3 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Schmitz, for what reason do you rise, Sir?"

"The record will reflect your intentions. On page 4 of the Calendar, under the Order of Senate Bills- 09600139.doc 26  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 Third Reading, there appears Senate Bill 3514. Mr. Clerk, please read the Bill."

"Representative Currie."

"Thank you, Speaker and Members of the House. This is the measure that would enable us to borrow for our pension obligation. Three point seven billion, we think is what the systems will need this year. I wouldn't say this is a great choice. We'd rather not borrow but I have to remind the Members of this Body that we are broke. We're flat broke and we do not have close to $4 billion in walking around money. I think this is a much better option than just deferring the payments, which is what we will be forced to do if we can neither cut 4 billion from the budget, nor adopt this pension borrowing plan. In fact, the cost of deferral would, over 35 years, amount to $36 billion and would create havoc with the system as they have to sell assets that may not be at the best market price. The cost of this, on the other hand, is 4.7 billion, a fraction, a fraction of what the other would do. We have voted in this chamber, many of us on both sides of the aisle, for pension borrowing in the past and I implore you to do so again. I'd be happy to answer your questions and I would appreciate your support. We're stuck. We're in… mired in and I don't see any good options but this."

"The Lady moves for the passage of the Bill. And on that question, the Chair recognizes Representative Fritchey." 09600139.doc 27  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"Thank you, Speaker. Will Sponsor yield?"

"Yes."

"Lady yields."

"Leader Currie, and I'm surprised people aren't paying more attention to an issue this important. But I'd like you to clarify for some people and for the Members here and for the public really what's at stake here, and not just in the borrowing. Nobody wants to borrow. No…Nobody comes in and says the first option for us to solve this budget is to borrow. But our options here, if we do not have sufficient votes to borrow… Well, here, let me… Leader Currie, how many votes does this Bill take?"

"This takes 71 votes and it is not without precedent. We have several times voted with that number of votes to borrow our pension obligation. So, nothing new this year from last year and several years before."

"And obviously that's 71 votes. We have 70 Democrats here, is that correct?"

"We have."

"So we're going to need a bipartisan effort if we are to approve this borrowing, is that correct?"

"Indeed."

"The option, if we're unable to get cooperation from Members in this Body to borrow, one of the other options on the table would be for us to simply defer the pension payments into next year. Is that correct?"

"That is correct."

"Could you… Speaker, could we get a little… could we get a little bit of reduction of volume here? If you would 09600139.doc 28  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 be so kind as to again just illuminate for the Members and the public the impact if we're unable to pass a borrowing plan here, if we have to defer the pension payments."

"Thank you for the question. If we have to defer the pension payments, the total cost to us over 35 years will be $36 billion, and that does not take into account the cost to the systems of having to sell assets when the market might not be good of having to do some borrowing of their own. To… to do…"

"Please complete your answer, Representative."

"To borrow would instead cost 4.7 billion. 4.7 versus 36. Anybody on this House Floor who touts him or herself as a fiscal conservative, anyone who wants to save money, anyone who doesn't want to stick it to the taxpayer, had better be voting 'yes' on Senate Bill 3514."

"Mr. Black."

Lady yields."

"Yeah. We think in the neighborhood of four and a half, maybe as much as 4.7 percent."

"As of this time there has been no word from the bond rating agencies. That's obviously always a concern, but we have not heard anything from them."

"Well, except I have additional information and that is that the bond rating houses are more likely to downgrade us. Not because of a pension borrowing of this size, but because we've not been able to raise the revenue it takes to do our basic job for the people of the State of Illinois."

"Mr. Franks."

"Thank you, Mr. Speaker. I'd like to speak to the Bill. I appreciate what Leader Currie is trying to do. I'd always want her on my side because she's so good. But folks, this isn't a surprise that we have to pay our pensions. This is something that we have to do every year and now all of a sudden it becomes a crisis because of our lack of planning. Because of our horrible management of 09600139.doc 30  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 the budget, we've created this fiscal crisis. What this Bill says is they're not… we're not going to pay any principal on the bonds for two years. We are going to try to borrow $4 billion. Now, we just had a discussion with the Governor and they still thought that this Bill was somehow going to pass and they're building their budget about borrowing. I don't know how divorced from reality they can be. They know that they need at least one Demo… one Republican vote for this to pass. I'm telling you, they're going to need at least two because I will not vote for this. This… you know, we've heard criticism before of other administrations referring to the borrowing as voodoo economics. Well, this isn't voodoo economics, Ladies and Gentlemen, this is Alice in Wonderland economics. Where up is down and black is white. We have not talked about the things that are most important with our budget. We do not have a revenue problem folks, we have a spending problem. We have more money to spend in this state than we did in 2007, yet the problem is we keep spending money that we don't have. Now what we ought to be talking about is cutting and going line by line through the budget…"

"Mr. Franks, please complete your remarks, Sir."

"Thank you. …and go to zero-based budgeting. That's the only way we are going to tame this beast. There is no reason that we need to get out of here today. We have the rest of the month. Let's work together. Let's go line by line through the budget, cut what we don't need and vote 'no' on this Bill."

"Mr. Schmitz. Mr. Schmitz." 09600139.doc 31  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"You have a little order. Please proceed, Sir."

"Mr. Hoffman." 09600139.doc 32  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"Well, thank you… thank you, Mr. Speaker, Ladies and Gentlemen of the House. I think a measure of us is how we react in tough times. A measure of us is going to be whether we can work together in tough times. Now, let's just look… let's look at history. If you want to look at history, let's look at history. Right. You've only criticized us since 2002, but you haven't had a plan since before that. When are you going to come up with a plan? When are you going to govern? When are you going to stand up and say, we're going to do what's right for the people of Illinois. Where've you been, cowering in the corner? We're waiting! We're waiting! Now let's talk about this proposal. This proposal is needed if we're all going to live up to an obligation. It's a hard debt versus a soft debt. It's whether we're going to spend $36 billion on a pension payment by skipping it or work together, as you did last year, when you voted for a proposal just like this last year, but what's the difference this year? It's an election year. Shocker. Shocker. When we come to you and we say, work together with us, please, that we're facing the biggest unemployment in Illinois history. What do you say to us? No. When we say to you, let's work together to stop laying off teachers, what do you say? Nada. When we say, oh, please, we need your help to solve a pension crisis so we don't skip payments, you say, nicht. It's over and over and over for you guys. When are you going to stop the finger point…"

"Please bring your remarks to a close, Sir." 09600139.doc 33  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"When are you going to stop the finger pointing? When are we going to stop this? When are we going to stop it? When are you going to stop it? When are we going to give the people of Illinois their due and we work together to solve these problems. That's what we should be doing. That's what we should be doing. That's why we should be voting 'yes'."

"Mr. Froehlich."

"Thank you, Mr. Speaker. I'd like to yield my time to Representative Fritchey."

"Mr. Fritchey."

"Thank you, Speaker, Members of the Body. I'm not sure that I could do it any better than the large-headed man from Collinsville. That being said, Speaker, if the Sponsor will yield again?"

"Sponsor yields."

"This point has to be made again. We are looking at a $4.8 billion repayment over approximately 8 years if we do the borrowing plan, correct?"

"That is right."

"As opposed to $35 billion or $36 billion of debt that we will… in lost income that we will incur over 35 years, is that correct?"

"Correct."

"There is not a Member of this chamber on either side of the aisle that is going to get us out of this situation by saying no to everything. There is not a Member of this chamber on either side of the aisle that has shown a way to cut our way out of this budget. Sen… the Senate Republicans 09600139.doc 34  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 haven't shown a way to cut our way out of the budget. Bill Brady hasn't shown his way to cut out of the budget, but everybody wants to point fingers. Something has to be done. We can look back on how we got ourselves into this situation 5 years ago, 10 years ago, 20 years ago. It doesn't matter; we're here. We have to find a way to get ourselves out of this responsibly. This isn't about mail pieces. This isn't about elections. This is about the fact that we have the second worst fiscal shape in the entire country, Ladies and Gentlemen. It's not about finding the easy way out. It's about finding the right way out, taking a responsible measure, paying our bills, getting the state back on solid footing, and getting people back to work. Vote 'aye'."

"There are 12 Members still wishing to speak. The Chair recognizes Representative Stephens."

"I was about to afford you time to finish your remarks if you need them, Sir, but I do think we heard you. Representative Tryon."

"Mr. Mautino. Mr. Tryon, do you have more to say?"

"There are 10 Members still wishing to speak and the Chair will recognize all of them, but I do not intend to give anybody any additional time. Mr. Mautino, for two minutes."

"Thank you, Speaker and to the Amendment. I rise in support of this Amendment. We're here at a… at a critical juncture and 48 of the 50 states are in deficit. The states' deficits this year are 120 billion. Next year they will grow to 180 billion. The ARRA money, which helped all of us last year, is drying up and going away. Our Medicaid Program, which was built by all of us in this room, the expansions came in '98, '99, 2000, 2001, '02, '03, the largest coming in the aged, blind and disabled and the most expensive. Under ARRA, if we cut those programs, we lose the extra dime that they're giving us. When we pay fifty cents, we're at a sixty-two and one half match. So, that brings a great pressure on us for this year. The education money goes away halfway through this year and that supported us last year. Our taxes and our revenues have 09600139.doc 38  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 tanked for years. Going on, as I said, 48 of the 50 states are in deficit positions. The two that are solvent, Montana and North Dakota, are solvent because of their minerals. That's it. It's going to get worse from there. We have no revenues coming in. This Governor has not got the ability to cut the largest areas in spending, that we together did and put in place, under the Medicaid side using both Houses under Democrat and Republican Governors. This is our problem. Now we have a shortfall of about 3.7 billion. We're going to have to…"

"Representative Jakobsson."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House, to the Bill. Many people in this room have been talking about our spending and where we have been spending our revenue. The last time I noticed people across the state received the services that are funded by our revenue: mental health, developmental disabilities, autism, senior services, seniors staying in their homes, nursing homes. These are funded by our revenue. Children across the state receive our public education funded by our revenues. People across the state are in the pension system, funded partly by our revenues. We cannot defer paying the pension systems. This is a good plan. We've had it pointed out to us the cost of deferring, how much that would be as opposed to doing this sensible borrowing plan. I urge an 'aye' vote."

"Mr. Burns."

"Thank you very much, Mr. Speaker. Will the Sponsor yield?" 09600139.doc 39  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"Sponsor yields."

"Leader Currie, you've served in the Illinois General Assembly for a considerable period of time. Can you recall a time in your years of service where Illinois's fiscal forecast was so bleak?"

"I cannot."

"So in your opinion, over the last several years, this is the most dire our budget has ever been?"

"This is the most dire and I would lay it at the feet of the great recession. The worst economic downturn in this country since the Great Depression of the '30s."

"And did we not cut human service spending in last year's budget?"

"We did."

"So even during the height of the great recession we cut the most vital services that people in this state depend on?"

"Correct."

"And this $4 billion will allow us to maintain a…a sort of minimum level of services for those most in need."

"Indeed."

"To the Bill, Mr. Speaker. To my colleagues on both sides of the aisle, I've heard the debates and I've heard a lot of people talk about the fact that Illinois should be run like a business. Our business is taking care of the people who can't take care of themselves. People in our society who have lost their jobs, who have found themselves on welfare, people who have developmental disabilities, people who have all kinds of needs that, through no fault 09600139.doc 40  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 of their own, they are struggling to deal with. And if we fail to take care of them, shame on us. Shame on us as a society for turning our backs on the most vulnerable and the most needy. And I know some people think it's a guilt trip, but the fact of the matter is we're judged by how we treat those who need our help and our protection. Now is the time to help them and to protect them. That is what we're here to do. I urge you to vote 'yes'."

"Mr. Flider."

"Yes, thank you, Mr. Speaker. I yield my time to Representative Mautino."

"Mr. Mautino."

"Thank you, Representative… Flider and I'll be brief on that. Just a couple of other points that… our Commission on Governmental Forecasting and Accountability, that's the arm that tells what types of dollars we're going to have to spend. The drops and the losses in revenues over the last couple of years are basically equal to the backlog of bills that we're looking at pushing forward. This is the state that we're in and that we need to solve for all of the people of Illinois regardless of the upcoming elections. There's a reality that hits here and it's mathematical. We have a $3.7 billion pension obligation. If we borrow that, we're borrowing it at three percent for 8 years. If we do not fund it, which by not allowing this Bill to go forward, then we're borrowing that same money at eight percent. Eight and one half percent over 35 years. That's the difference. So, at this critical juncture, I want people to keep that in mind, is 09600139.doc 41  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 we're looking for a way that as the economy hopefully gets better, we've got a couple more bad years, but to keep the trains running, maybe not on time, keep the kids in school and not have to make… we will have to make cuts in the areas that you and I altogether said that our people… within the state deserve. So, going for I would ask you… to consider the numbers, the math and the responsibility. Because all of us together created this problem. We have all sponsored legislation. We have all tried to meet the needs of our people and the economy has tanked. So, this is a decision. I ask you to take some time …"

"Mr. Dunkin. Mr. Dunkin."

"Thank you, Mr. Speaker and Members of the House. You know, as a student of…of the State of Illinois's historical politics and listening to some of my colleagues here and especially my colleague here, my good friend and colleague, Jack Franks, who actually, I can remember about 30 years ago there was a young Legislator, young, brash, silver haired, full of energy and ideas. Very vitriolic in his speeches and reform issues here in this state. He reminds me of you, Jack Franks and some of my other colleagues. Now fast forward 30 years ago… or from now. That young Legislator is the Governor of our state. He is the Governor of our state faced with some of the most difficult decisions ever in the history of this state. And he, like us, have to make tough decisions in these tough times. So what are our options? We close down mental health facilities again? We close down childcare facilities again? We raise our budget up from $6 billion in… accounts 09600139.doc 42  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 receivables to $12 billion? Our inaction is not an option. It is imperative that we act as leaders, the leaders that we say we are, that we said we were going to be when we ran for office and do something, and that something is to take advantage of our only option at this moment in time. That is to borrow until January and let's delay the pension payment until we are able to fund our pension system to the extent that we want to or need to. I would ask all of our Members here to be considerate of, not of our political careers and ambitions, but be…"

"Representative Mulligan."

"Representative Biggins."

"That's it, Sir? That's it? Representative Pritchard."

"Mr. Sullivan."

"Lady yields."

"This Bill does not suspend the continuing appropriation. This takes a far better, a far different path. What it says is, we should borrow the money to make our pension payments this year because it's the financially, responsible, frugal thing to do. It will save us a lot of money over the next years, whereas deferring the payment will cost quite a large chunk."

"There would be no appropriation if we were to defer."

"Representative, it may depend entirely on your vote."

"Well, if you were to defer, you would then suspend the operation of the continuing appropriation."

"Mr. Watson."

"Leader Cross."

"Mr. Washington. Mr. Washington."

"That's okay, Mr. Speaker."

"Mr. Boland, the last speaker."

"Thank you, Mr. Speaker. I listened very carefully to the Leader from the other side and some of the other speakers on the other side and they make some good points. If we have to move in this chamber, I'll be leaving it unfortunately, but to move toward a bipartisan and nonpartisan way of solving our problems. A lot of the ideas that they put forth are good ideas. A lot of the ideas that our rank and file on this side of the aisle have some good ideas. And so we ought to be looking at all those, but right now we're in a situation where we're between a rock and a hard place. None of our choices are good choices. None of our choices are things that we like to do or would want to do. But, like any household or any business, we are forced between some very hard, unpleasant choices. I boil it down to four things. One, this Bill, which we can borrow and luckily at today's interest rates we can get a little more better interest rate than we might at a different stage in our history. Secondly, we can raise taxes. Some of us want to do that, some of us don’t. Probably not enough that want to do it. Thirdly, we can make that $3.7 billion cut, but I don't think any of us want to do that because we know that, even though there's been many good suggestions, they don't add up to $3.7 billion. And lastly, as I see it, our last choice is we 09600139.doc 54  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 can defer that pension payment, but it ends up costing us much, much more over the long run than if we follow this Bill."

"Mr. Boland, please finish your remarks, Sir."

"Okay. As unpleasant as it is, I would ask that we all vote for this Bill. It is the least of the bad choices that we have to make. Thank you."

"Representative Currie to close."

"Thank you very much, Speaker, Members of the House. I appreciate those who point out that we all got us into this mess and I appreciate those who have remarked that it is our joint responsibility to solve the problem. Borrowing for the pension payment is not a great thing to do, but it is, I think, the only thing to do since no one has proposed a $4 billion cut in state spending. And I know why people haven't, it's because the pain would be too deep. Deferring the pension payment is way too costly for the taxpayer. This is today's game in town and I invite all of you, I invite the Members of the Minority side of the aisle, more than half of you supported a substantial borrowing program for the state universities as recently as yesterday. And you supported a plan just like this one year ago, so what's changed? I think it's time for all of us to do the right thing. Choose a path that means that the taxpayers are least on the hook and that path is passage of Senate Bill 3514."

"Those in favor of the Bill shall vote 'yes'; those opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Black, Davis, Dunkin, 09600139.doc 55  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 McGuire. Mr. Black. Please take the record. On this question, there are 59 voting 'yes', 57 voting 'no' and 1 voting 'present'. And Representative Currie moves for Postponed Consideration. The Chair recognizes Representative Biggins. For what reason do you rise, Sir?"

"Representative Currie had indicated to the Chair that she was prepared to make that Motion. I'm just try…trying to save a moment, Sir."

"Mr. Stephens, for what reason do you rise, Sir?"

"On page 5 of the Calendar under the Order of… Senate Bills–Second Reading, there appears Senate Bill 1211, Representative Currie. Mr. Clerk, please read the Bill." 09600139.doc 56  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"Representative Currie."

"Thank you. I'd like to adopt Amendment #1, please."

"Those in favor of the Amendment shall say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And Amendment 1 is adopted. Mr. Clerk."

"Representative Currie on Amendment 2. Speaker Madigan on Amendment 2."

"Mr. Speaker, Ladies and Gentlemen, this Amendment would reduce the budget by approximately $3.8 billion, approximately the amount of money that would have been gained from the public borrowing to pay the pension systems in the Bill that just failed. So, we all had an opportunity to authorize borrowing to pay the pension systems as we did last year. That effort failed. This Amendment would reflect a reduction 'approximately equal' to the money that would have been available from the borrowing. And I would move for a 'yes' vote."

"The Gentleman moves for the adoption of the Amendment. On that question, the Chair recognizes Representative Harris."

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

"Gentleman yields."

"So, as I understand it, Mr. Speaker, this would be an amount that would be equal to about cutting 25 percent of 09600139.doc 57  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 general state aid and 60 percent of the distributive grants as it's laid out in this Amendment?"

"The answer's 'yes'."

"So, this would be an opportunity for everyone who wants to see cuts to have those cuts."

"Yeah."

"I would ask for a recorded vote."

"Yeah you get your wish."

"Mr. Fritchey."

"Thank you, Speaker. Let's clarify this if we will. Will…will the Sponsor yield, Speaker?"

"Gentleman yields."

"Let's break this down into very simple terms. For those people that are unwilling to find the means to put additional revenues into this budget, this would be the proverbial chickens coming home to roost. Is that correct?"

"The answer is yes."

"So when we talk about people on either side of the aisle not being able to say no to everything, this is a Bill that really reflects the realities of the world that if the money isn't there to pay your bills, you simply have to reduce the amount of bills that you owe."

"The answer is yes."

"And those bills that we're talking about are bills that involve educating our children, bills that include cutting back funding to higher education, which would enable people to be more productive members of society and get jobs and earn a living, is that correct?" 09600139.doc 58  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"Yes."

"So once again we find ourselves without debating how we got here over the years, but as we sit here today on May 7 we find ourselves at the reality of our fiscal State of Illinois and that is, we either find the resources to put the state forward or we further slash the state and potentially cripple us from going forward in the years to come."

"Yes."

"I don't think that could be any more clearer. Thank you."

"Mr. Franks."

"Thank you, Mr. Speaker. I'd like to speak to the Amendment. And I appreciate the Speaker bringing this forward; however, it's not something that I'm going to support and the reason is, because we need cuts, but these cuts have not been discussed. We have not gone through the committee process. They have not gone through the appropriation process and that's what we're here for. There is a process that needs to be honored. We need to determine which are the best cuts. Now I cannot vote for a $1.2 billion cut to education when I know there are other areas in the…in the budget that we ought to be cutting, but we have not done so. For instance, why has the Governor not terminated pay for those people on boards and commissions? Are those people more important than education? Because that's what he's saying if he does not cut the pay to boards and commissions? Do we really need a Department of Commerce & Economic Opportunity, that became 09600139.doc 59  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 a cesspool of pay-to-play politics under the previous Governor, when we voted here as a Body to give $2500 tax credits to those companies that creates jobs? Now that's all we should be doing. We should be giving tax credits for people who create jobs because people who are working produce revenue for the State of Illinois. If we got rid of the Department of Commerce & Economic Opportunity we'd save almost a billion dollars, we wouldn't have to cut a penny out of education, but they're not being cut in this proposal. So we ought to be looking at what those cuts should be. Why have we not consolidated the Department of Transportation along with the Illinois… Highway Toll Authority? Why do we have a whole other level of patronage government? That is sacred for some reason. That's a sacred cow, but we're going to lay it off on our education and our kids. This is not how we should be doing it. We should be going line by line and instead of starting at last year…"

"Mr. Franks, bring your remarks to a close."

"…last year's introduced budget and then building up from there and endlessly repeating the same cycle and throwing more money at the problem. We should be requiring consolidation of school districts. We ought to look at one school district for an entire county. We ought to be looking at ways to streamline government. We should not start at last year's budget appropriation, especially at a time when we have falling revenues. Instead, we should start at zero and build up from there and require every state agency to defend every line item. There are 1700 09600139.doc 60  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 state programs that nobody knows what they do. You can ask the Auditor General because that's what he said in his report. So we ought to be looking at every one of those things, cutting the fat and quit playing politics here. We should not be taking it out on our kids; we should be doing our jobs. We should vote 'no' on this, get back to work and do a zero-based budget."

"Representative Flowers."

"Thank you, Mr. Speaker. I would like to yield my time to Representative Franks."

"Mr. Franks indicates he does not wish the time. Speaker Madigan to close on the Amendment."

"Mr. Speaker and Ladies and Gentlemen, the Amendment is what it is. For those that have said consistently that they want to cut the budget, here's the opportunity to cut the budget. For those that would say, well, there could be other cuts; this will remain on Second Reading. And those that wish to propose other cuts can file Amendments to do those cuts and we'll entertain the proposals. I'd recommend an 'aye' vote."

"The Gentleman moves for the adoption of Floor Amendment #2. A record vote has been requested. Those in favor of the adoption of the Amendment shall vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Beiser, Currie, DeLuca, Golar, Howard. Mr. Clerk, please take the record. On this question, there are 15 voting 'yes', 99 voting 'no' and 2 voting 'present'. And the Amendment fails. Mr. 09600139.doc 61  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 Clerk, please hold this Bill on the Order of Second Reading. The Chair recognizes Speaker Madigan."

"More time, people. All those 'no' votes, the Bill's still on Second Reading, get your Amendments filed. Thank you for your consideration."

"Mr. Black."

"State your inquiry."

"Mr. Black, to answer your inquiry. Mr. Black, to answer your inquiry. You don't need the Chair's permission to file Amendments. In fact, the Speaker announced that he'd be accepting Amendments to this Bill, so file away, Sir." 09600139.doc 62  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"On page 6 of the Calendar, under the Order of Senate Bills–Second Reading, appears Senate Bill 2093, Representative Bradley. Mr. Clerk, please read the Bill."

"Mr. Bradley."

"If we could debate this on Third. Move it to Third Reading and then debate the Bill on Third."

"The Gentleman moves 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. Clerk."

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

"Mr. Bradley."

"It's… it's been a while since I've gotten nervous giving a speech like this, but this is… something that's so vitally important to my area. We've been down for a long time. We haven't had a lot of opportunities and we have the opportunity we'll probably never have again. We have a 09600139.doc 63  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 destination developer resort opportunity in southern Illinois. It creates somewhere between five and six thousand permanent jobs, to create possibly six thousand construction jobs in an area that's been devastated by recession, unemployment that in many areas is close to 20 percent. And so our region has come together, the local mayors, the local county boards, the local school districts in support of a sales tax TIF. It's a new creation for Illinois. We've done this, other states have done this and it's been widely successful. The example of Kansas City where one of these programs was created. Created and brought almost 12 million people into that area. They anticipate that this could bring somewhere between 5 and 10 million people into southern Illinois, increase the sales tax revenues for not only the Williamson County area but for all the adjoining areas. A rising tide lifts all ships and so we come here from time to time. We help different areas of the state. We worked on McPier last night and there was talk about how that was an economic engine and a…and a sight for tourism in northern Illinois and we have an opportunity, we have all these wonderful natural resources in southern Illinois, and we have all these wonderful… Rend Lake and Southern Illinois University and Shawnee National Forest and Camel Rock and the two greatest rivers in North America come together at Cairo. And we finally have a chance here to bring people to our area and enjoy those things and become a destination center similar to the Dells or to the Ozarks or to other places. And so I'm here today to ask your support for this, which is 09600139.doc 64  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 supported by the folks in this region and give southern Illinois a chance. Give us a chance to help ourselves and to dig ourselves out of a recession that's been going on there longer than the last three or four years. I'm happy to entertain questions and I'd ask for an 'aye' vote."

"The Gentleman moves for the passage of the Bill. The Chair recognizes Representative Reis. There are 13 Members wishing to speak. Representative Reis."

"I think you're joined by sufficient people and it will be put on unlimited debate, Sir."

"I'm sorry. The Gentleman yields, Sir."

"Inquiry of the Chair. Does that mean you're not going to put the clock on?"

"I will not use the timer, but I will ask Members to be restrained. There are still 13 Members wishing to speak and this is the 7th of May. Please proceed."

"It's more likely that they'll go to Indiana or Kentucky or Missouri or Nevada."

"I…I have a list here of mayors in support of it. Mayor of Marion, Bob Butler; Mayor of Herrin, Vic Ritter…"

"…Carterville Mayor Bill Mausey. I…I'm just… I'm sorry. I thought it was a question."

"I've got a… I've got a list… I've got…"

"Representative, the mayors on this list are from 35 – 40 miles away. I mean…" 09600139.doc 66  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"…the mayor of DuQuoin is for this. The mayor of Harrisburg, the mayor of Murphysboro, the mayor of McLeansboro which is where our places adjoin, which our districts adjoin, is for this. The Jefferson County board chairman is supportive of what we're trying to do."

"Well the… I've got an e-mail from the Jefferson County port president. Obviously, he'd like to see something like this come to Jefferson County, but he supports what's going on in… in southern Illinois."

"The…the language…"

"Representative…"

"This…this will create economic development for the whole region. It's evidenced by the majority of people supporting it. This language has… been around since February of '09. We may never have another chance like 09600139.doc 67  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 this in southern Illinois. If this were your district, I would be supporting you. These guys chose Marion. I didn't choose it for them or I didn't tell them to go there. They looked all up and down I-57 and the Route 13 corridor. If it were in Mt. Vernon, if it were in Centralia, if it were in Carbondale, I would be with you. I've always been with you guys when you needed something and we need something, and I'm asking you to help us. You live 116 miles from me, Representative, 116 miles. It's not going to hurt you."

"I'm…I'm begging you, just give us this chance."

"If we can do this somewhere… we don't… this is an experiment, it's an innovation. We've never tried it in Illinois. I think it's going to have a beneficial impact for all the people of southern Illinois, thousands of jobs, increase in sales tax revenue that the state is on no moral obligation on this. We're not responsible for the debt, it's private bonds. It's capped. The Amendatory Veto language that the Governor requested, there's a cap on it. 09600139.doc 68  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 The state's going to get as much or more money as the local infrastructure development. All this is is new money for the state. This is money we don't have and the state's going to get the majority of it."

"No, that's not correct. It's capped. It's capped, Representative. So the state, at the least, will get 50 percent of it. And it doesn't even apply to the nondestination users. It's the thing that gets people in there that creates the growth in the area, not only in Marion but in Carbondale and Harrisburg and Mt. Vernon and Benton and West Frankfort. The big destination user that brings the people in, the…the tide that lifts all the ships. That's what's getting the abatement. The BP station inside the STAR Bond district and the Sunoco station outside the STAR Bond district on essentially the same footing."

"Not all of… not all your mayors."

"That's 116 miles away, David."

"And the city…"

"…and the City of McLeansboro is not for this?"

"The City of McLeansboro, it's my understanding, is for this."

"Dick Deitz… Dick Deitz, the mayor of McLeansboro, I was told by another mayor locally, was for this. Is that not true? Do I have bad information?"

"No, that's true, but he's for it." Reis: In your fiscal note that was filed today, it said Senate Bill 2093, as amended, would cost the State of Illinois $12.5 million per year over a 23 to 35 year period, totaling 287 million… between 287 million and 437 million in future sales tax revenues. And it also has coupled with local taxes. And this is their report. Combined, the amount of state and local taxes, revenue made available to pay STAR Bonds, would average 25 million annually for over 23 to 35 years would be 586 million to 892 million. Would you agree that these are correct?"

"Not necessarily. And I think the thing that that doesn't recognize is that it's all new money and that whatever they estimate that the STAR Bonds infrastructure would be, the state would get at least that and more, so that would be new money for the state that we're not getting currently. So I hope their estimate that the state receives a billion dollars over the course of this development is accurate, because we need the billion dollars. But I looked at it and it looks to me like it's just math. I don't see there any process there to that." 09600139.doc 70  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"No, there's no development there now. There's no… sales tax now in the area that we're trying to develop. I mean, it's an abandoned coal mine. I mean, part of the property is an abandoned strip mine. They're going to take it, they're going to take this abandoned strip mine, the spoils and clean it up and turn it into something that people will want to come see and come see the… other wonderful parts of southern Illinois."

"I… and when Mt. Vernon has an opportunity to develop those, I will stand with them to try to help them develop and I'm asking you to stand with us here today."

"Yeah. Obviously, this district is contained completely within the Marion Community Unit School District #2. And my kids go to that’s both of my kids go to that school district. And so what the district has been willing to do, is in the spirit of cooperation and regionalism and working together, which we haven't seen in years, they're willing to give up a percentage of that to other school districts in southern Illinois and share the wealth, so to 09600139.doc 71  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 speak. So the increases in property value… excuse me, excuse me… the increases in property value as a result of the development, the destination development, part of that would be used to help the other school districts in southern Illinois. Now, we've thought the best way to handle this, because we don't know how much money it will be and this is a very magnanimous and generous offer by the Marion School District, would be to deposit it with the local regional office of education. Have him work with the other regional offices to try to divvy up the money and divide the money equitably among the school districts in southern Illinois. I understand he's here today. The regional office of education superintendent is here today observing the process. He's been in communication with other regional offices and I would hope that they would sit down and come up with some kind of intergovernmental agreement as we work through this and in the pro… before their sales tax starts getting collected."

"No. We…we tried to make it in a reasonable manner so that we don't know how much money there's going to be. We tried to create a depository. He's reached out to the 09600139.doc 72  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 other regional superintendents there locally. My understanding is that they're comfortable with what we're doing. It's very difficult to draw a line when you're talking about these things. I don't think it's appropriate to draw a circle on these things. I think it's more appropriate for the educators to sit down, figure out what resources they have and then figure out what school districts they could help and to what extent. And the regional superintendent has made a commitment to do that and I thought that was… I mean, give it to the local educators and let them figure it out."

"And I don't ever remember… I don't ever remember a school district voluntarily giving up revenues like this to help other school districts."

"Think about this…"

"…think about this, though. Think about this, though. This is a school district, the Marion School District at which my children go to school there, that's willing to give up tens of millions of dollars potentially to help other districts. Give it up. They don't have to. They're doing that and you're criticizing me because we don't have 09600139.doc 73  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 every little detail locked down on that. I don’t understand that."

"In… Inquiry of the Chair. How unlimited is unlimited?"

"Mr…"

"I don't ever remember debating for 30 minutes."

"Mr. Bradley. Mr. Bradley, in answer to your inquiry, after Mr. Reis is finished I'm going to ask leave of the Body to put this on a timer. But… I already promised Mr. Reis, so we'll have to…"

"Ok."

"…you'll have to indulge him, Sir."

"Okay. Yeah, actually I'm glad you brought that up, Representative, and first of all let me apologize to Representative Mendoza because I intended in the opening to mention her hard work on the IBIO technology, which is a part of this. Representative Mendoza has worked for years 09600139.doc 74  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 on trying to help the biotechnology industry develop in Illinois."

"Well, this was something that happened and we talked about…"

"Huh."

"It wasn't my decision to do that."

"I didn't… I didn't make that decision to put them together."

"But…"

"Ladies and Gentlemen, there are 12 Members still wishing to speak. They will all be heard, but I'm going to ask the indulgence of the Body to allow me to use the timer for two minutes each and we'll let people complete their remarks if they need to on this controversial Bill. Do I have leave of the Body? Is there any objection from any Member? And so that's what we'll do. So, the next speaker is Mr. Bost for two minutes."

"Mr. Phelps."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. First and foremost, I want to commend my neighbor, Representative John Bradley, for his hard work on this and everybody that has got this back on track. And as Representative Bradley said, you don't get a lot of opportunities and sometimes you have to create your own. And I want to personally thank everyone that has helped my district in what I've tried to help create in some of the southern counties: the Massac-Metropolis Port District, the Alexander County-Cairo Port District because we know that with the imports and exports of this country, that's going to truly help our area. So I'm asking you for one more thing today and that's what's on the board in front of us. Some have told me, Representative Reis, same as you, granted, if this comes to Marion this is going just to kill your district. I absolutely disagree. In southern Illinois we believe in regionalism and I know everybody believes that, and when one part grows we all grow. When you bring more people to an area there's going to be more money and that's what we need with unemployment up to almost 15 to 20 percent. This is what we've been needed for a long, long time. I don't know if a lot of you have 09600139.doc 78  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 been to southern Illinois or not, but if you haven't, you should. It's beautiful with great people and the thing about southern Illinois, there's not a lot of job opportunities. When our kids graduate from college they move away. That's why I have mainly 11 counties in my district. Being so rural there's just not a lot of opportunities and we lose a lot of population. With the hundreds and thousands of jobs that this is going to create with the millions of dollars this is going to bring to the area, I ask each and every one of you to help our part of the state and please support this. And let's take this so- called worst Bill ever…"

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

"…let's take this so-called worst Bill ever and let us take a chance on maybe the best thing that ever happened to southern Illinois. I ask for an 'aye' vote."

"Mr. Sacia for two minutes."

"Sponsor yields."

"Representative, if I can explain my answer. We have had so many empty promises in southern Illinois and we've had so many things slip through our fingers and we have an opportunity here that we may never have again. And I'm scared to death that if we don't seize the moment and move forward with this, that we're going to lose it. So, if there's any way to move this forward, it's my intention to move forward now and it's not because I want to do it in a, you know, this time frame, but it's also not a new issue. It's been out there for awhile. The original legislation was filed on February of 2009, and so it's pretty well vetted and we've done everything we could to be inclusive, I've done everything I could to be inclusive. I'm the chairman of the Revenue Committee. I've been watching this thing develop in other areas of the state. I'm comfortable with it in our southern Illinois region and so I would like to proceed with it. I appreciate your question. I hope you'll understand that this is a once in a lifetime chance for us and we're just afraid it'll be like other things and it'll slip through our fingers. And so we want to proceed."

"Mr. Sacia, we'll give you time to complete your remarks, but please be brief."

"Mr. Stephens for two minutes."

"Gentleman yields."

"No… no there's not."

"Yeah and he's not involved."

"That's correct. That's correct."

"Repre… Repre…"

"Can I respond to that?"

"Can I respond…"

"Oh, it's not…"

"I thought it was a question."

"Rep… Representative." 09600139.doc 82  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"Mr. Stephens, please bring your remarks to a close."

"Mr. Bradley, did you need to respond to this, Sir?"

"I was just going to say, I thought he had been to southern Illinois recently. What are they going to cannibalize? Right? We don't have anything now. No, that's rhetorical."

"Mr. Reitz for two minutes."

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

"Gentleman yields."

"Thank you. Mr. Bradley, is there a state oversight and can you articulate what the state oversight is on this Bill?" 09600139.doc 83  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"There's 300 pages of state oversight in this. There's Auditor General reports, they have to report to the General Assembly and the Governor; the Department of Revenue oversees every step of this process; there's public hearings. It's some of the most restrictive language that I've ever read."

"Okay. Thank you. And is there…"

"Review committees.

"Is there like…"

"If it doesn't… if it doesn't work, if they don't create a certain number of jobs, they have to pay a 1500 penalty per job not created. I don't ever remember that. Have we ever done that before, if you don't create these jobs, you have to pay a penalty?"

"Thank you. Is there language to protect the surrounding areas?"

"Yeah. There's a 25 mile buffer zone that says you can't poach businesses out of that 25 mile buffer zone. There's all kinds of protections in here."

"Okay. Thank you. To the Bill. This… I represent the district about equal distance from where the first site was and where this site is and there… I can tell you there's a marked difference between the really… the economic needs and…and what a any type of development will mean to the areas. We have a lot of opportunities in the Metro East area that we don't have in deep southern Illinois. And some of the… so one of the previous speakers talked about the various economic incentives that are out there, this does add additional economic incentives, but an enterprise 09600139.doc 84  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 zone isn't every place. I don't have one in my district. I don't have a free trade zone. So, it's about creating economic incentives so that places can grow and I really think this is one that all ships will rise if we're able to get economic development in anyone's area. In the Mt. Vernon area or in the Marion area or in the Carbondale area, I think it helps my area. So, I plan on supporting this and I'd appreciate your support."

"Representative Chapa LaVia for two minutes."

Chapa LaVia: "Thank you, Speaker. May… will the Sponsor yield?"

"Sponsor yields."

"Representative Bradley, how long you been working on this?"

"Well, I've been monitoring this for a couple of years. It's been in the Revenue Committee for a period of time and when the other deal fell apart, they came quickly to southern Illinois and so this is an opportunity that we didn't think we were going to have. But I had a comfort level because I was familiar with the legislation and familiar with the concept."

"And how long have you been promising this to the people back home that say, okay, when's it going to come? When's it going to come? When's it going to be our opportunity to have something that we can have jobs out here and in growth and a taxing body for your district?"

"Well, I came home after law school and came back to southern Illinois because I wanted to help the area and we've been waiting for this for decades. And we've never 09600139.doc 85  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 had an opportunity like this and I don't know we'll ever have an opportunity like this again. And so we don't want to miss that chance."

Chapa LaVia: "Thank you, Bradley. To the Bill, Speaker, Members of the House. Not too long ago, everybody in this General Assembly, for the most part, helped sponsor River's Edge Redevelopment Zone and that was a bundle of incentives and dollars to go into the development of Aurora, Rockford, Elgin, East St. Louis, and areas that were extremely depressed because of brown zones. And you guys pulled together and you got that done for me and we still are working on that 'til today and it has caused a lot of excitement in towns like Aurora and Rockford and East St. Louis to bring jobs and to bring industry back and to bring high-tech jobs. That's what we try to do down here. We help each other with our areas to try to spark the difference. To make all of Illinois better. So I would request that you guys really think hard about helping out one of our fellow neighbors, if you will. Because it does make a difference in everybody's area. The tax dollars are being collected there and then going into the general state pot of everybody's area…"

"Please bring your remarks to a close."

"Thank you, Speaker. I recommend an 'aye' vote. Thank you."

"Representative Careen Gordon for two minutes." Gordon, C.: "Thank you, Mr. Speaker, to the Bill. Ladies and Gentlemen, I was in the Revenue Committee the entire time the previous STAR Bonds issue was talked about in Glen 09600139.doc 86  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 Carbon. I've been in the Revenue Committee with the Sponsor of this Bill when it came very quickly to go to Marion. And I can tell you, while this Bill has been… labeled by our very good friend, Mr. Rich Miller, as the worst Bill ever, it is truly that. There are absolutely no establishments or businesses or agreements that are going to come at this time to Marion, Illinois, to be set up in this district. There's absolutely nothing that any of these towns know about this development to give them any numbers. The current fiscal note from the Department of Revenue says that based on the earlier STAR Bond studies provided by the developer, who did not testify, who did not offer up anything in that hearing yesterday said, that we know that displacement will occur as high as 60 percent and it is inevitable that some displacement will occur from any retail development. It's already known based… what Millennium Development is telling us that it's going to create 6 thousand construction jobs and earnings of more than 174 million; however, there's absolutely no time line because there's no jobs, no businesses that are going to come in yet. It's also said that it's going to create 5,685 full-time jobs. But the Department of Revenue doesn't have that information available to them and the public information that they were able to use and from the Department of… or the Bureau of Labor Statistics already says that that information is un… impossible to meet and it will only able… it's only able to meet the number of jobs…"

"Please bring your remarks to a close." 09600139.doc 87  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 Gordon, C.: "the number of jobs that will only able to… to be able to bring in will be… make that unreachable, while the developer suggests 566,885 jobs. This is an impossible cap to reach that this developer is trying to sell to southern Illinois. Additionally, Ladies and Gentlemen, we already have on the books in this state, we have TIFs, tax increment financing, we have enterprise zones, we have economic development project areas. We have any type of agreement you want. As long as they're legal, you can agree to it. We also have intergovernmental agreements. We can go to all of these. They can go to Marion and reach into anything, but it wasn't good enough for this developer and he buys into that infamous line that greed is good and damn is he greedy because he wants more. He wants more at a time when we can't give it. It is not the time for the State of Illinois to buy into STAR Bonds; it is not a time for anyone to ever buy into STAR Bonds. The Department of Revenue does not know how, by their own testimony yesterday, now or do they know when they will ever be able to audit. At the time when these jobs will be created, he says by the Representative who is currently sponsoring this legislation, that they're going be able to fine the developer if they don't keep these created. The Department of Revenue doesn't know how they're going to go in and audit that. They're… they said, well, we requested it, but we don't recall why or how or when we're going to do it. Is it going to be full-time, part-time? Is it a one day hot dog vender? Is it the day they do the audit? Do they have to keep it for one week, two weeks, a day, two hours, 09600139.doc 88  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 three hours. Is it the guy standing in the mall taking a survey? They don't know."

"Representative Gordon, can I ask you to bring your remarks to a close?" Gordon, C.: "Thirty seconds, Mr. Speaker. Ladies and Gentlemen, I will tell you that he says there's 300 pages of state oversight. State oversight at a time when the Department of Revenue, while they did one great job by give… by using information in a fiscal note that they didn't have a whole lot of time to bring up, I'll tell you this idea is one of the worst that we have ever seen in the State of Illinois when they are already laws on the books that are tested. Economic development tools that are already on the books that are tested and used all over the State of Illinois. This… this Representative and this Sponsor of this Bill, I love him. I love him like my brother and I trust him with my life. I swear to God, but please, please, please, please do not, do not allow this Bill to get out of this House. It is one of the worst ideas we have ever seen in this state. I don't do it because I dislike him, I don't do it because I don't love southern Illinois. I know exactly where he's talking about and I've been there several times. I've traveled there. I've prosecuted those criminals there, but please do not send this plague of locusts that this developer is selling, don't send the snake oil to the State of Illinois… to southern Illinois with STAR Bonds and that's what it would be. Vote 'no'."

"Mr. Sullivan for two minutes." 09600139.doc 89  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"Mr. Biggins for two minutes."

"Mr. Dunkin for two minutes."

"Should I yield my time to Careen Gordon? To the Bill. Ladies and Gentlemen, as the chair of Tourism & Conventions… I'm sorry. Look, can you start over? Okay. As the chair of Tourism, and respected Members who come here and try to support economic development in their 09600139.doc 91  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 respective district, I think that is… this is a commendable Bill. It gives an opportunity to a colleague and friend, but more importantly it gives a bigger opportunity for the southern region of our state as it relates to tourism. This Bill is expected to create 6 thousand construction jobs and even 5600 jobs when they're completed. And it's supposed to generate millions of new dollars in this economic opportunity. This legislation and the development will support the southern Illinois schools, families, communities, and it has the potential to attract millions of new tourists to southern Illinois. In fact, 20 million people live within a day's drive from this region of our state. This destination development will compliment the other wonderful tourist attractions in the region, including the wineries and the trails and national and state parks. The Marion Miners Baseball Team and others. This legislation and the development are winning widespread support amongst… from tens of thousands of people including numerous of local government and public officials, labor unions, school officials, business leaders, and economic development organizations. They recognize the tremendous opportunity 'cause… for the southern region of our state and we should too. Thank you, Mr. Representative."

"Representative Golar for two minutes."

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

"Gentleman yields."

"Representative, what is the population breakdown by ethnicity of Marion?

"It's…" 09600139.doc 92  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"Do you know that?"

"It's not very diverse."

"Could you tell me, how does this benefit the minorities in the Marion area?"

"Well, it will benefit everyone in southern Illinois. And I intend to make sure that it does benefit everyone in southern Illinois and you have my word on that."

"Why did the mayors, and I don't know whether this was answered, county board chairmen and local cities oppose this in Glen Carbon?"

"I didn't understand that. I think that part of that was that's a whole different situation up there and we're underdeveloped. We don't have anything, right? We have some things, but this is just abandoned coal mine area up there, its spoils. So, we're going to take an area that has nothing on it and turn it into a destination resort which will enhance the rest of our communities and the rest of our area and hopefully turn southern Illinois into a destination resort, Representative. And so, the mayors and the county boards in my area, Jackson County, Jefferson County, Franklin County, Williamson County are wildly for this and we're all working together."

"And how many developers, Representative, are involved in this and how much do they stand to make as a profit?"

"Well… it's their investment. The state is not actually making any initial investments. So, if we create this state tax incentive… "

"Please bring your answer to a completion, Mr. Bradley." 09600139.doc 93  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"Similar to what happened in Kansas City where it worked. Then we'll not only be able to create development right there, but lift all the communities around this area in a positive way. And so, hypothetically, the…the city would be in control of this along with the Department of Revenue and with oversight over it. So, it depends on how successful this is like any other thing, like a regular TIF district."

Speaker Lang: "Representative Golar, please complete your remarks."

"Thank you, Representative. I appreciate it."

"Representative Washington."

"Thank you, Mr. Speaker. I just want to commend the Sponsor of the Downstate Caucus, of which I'm a member of, in taking on this initiative. I always believe in nothing ventured, nothing gained and I think there's some wisdom to some things when they say when you can't say anything good about something or somebody, maybe you should just close your mouth. But having said that, I think that is a good initiative. And I remember when they came for 29 million to get the gun piece down near Sparta and I supported it then, because I know that it is undeveloped downstate and I know that downstate should have more, and I believe that to be true. So I recommend that we give this Representative an opportunity, in spite of other mayors in other places, I don't think their opinion is that great on a grand scale that it should outweigh the potential of what could be 6 thousand or more jobs and increase the economy for downstate. I intend to vote 'yes'." 09600139.doc 94  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"Mr. Cavaletto for two minutes."

"Please bring your remarks to a close, Sir. Mr. Cavaletto has completed his remarks. The Chair recognizes Representative Dugan." 09600139.doc 95  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

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

"The Gentleman yields."

"Representative Bradley, I just want, because there's been a lot of talk back and forth about the sales tax agreement, it's being said by some that all of the sales tax… that no sales tax…"

"No…"

"…will come back to the State of Illinois."

"No, that's not."

"Is that true or not?"

"No, that's not correct. Not only is it capped, and so the state will get an equal or greater amount than what would go into the development, but it's also limited by the type of the development. So, again, we're trying to attract the big thing that draws people in, the destination resort, the entertainment users. Those would be available for a tax abatement similar to a regular TIF district. The smaller retailer, you know, the normal retailer is not eligible for that type of abatement. So, I think that's a reasonable way to address this is that we're trying to get something into the area to enhance what we have. And this is where I'm from, and my grandma before she passed away a few weeks ago still had the original deed from the United States Government to the land we live on, right. The Bradley family has been there for a long time and we don't plan on going anywhere. And the last thing that I would do is do anything to hurt my area or hurt any part of southern Illinois. And I just think, along with my fellow Representatives down there that this is going to do nothing 09600139.doc 96  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 but enhance our area, and give us an opportunity that we haven't had in a long time. And we've helped on other projects. We helped when CenterPoint Intermodal needed a tax increment district up there. We voted for that. We voted for McPier. We voted for things in the past when they've gone to Mt. Vernon or when they've gone to Centralia or when they've gone to the Metro East or other parts of the state. This is our chance and we need your help and we're asking for it, we're begging for it. Please help us with this endeavor."

"Speaker, I just want to make sure I get my two minutes back because Representative Bradley used almost all of mine."

"Of course, we'll let you complete your remarks."

"Thank you. So, Representative, I just wanted to clarify that because, again, some are wanting to say that this particular idea…"

"Now it's time for you to complete your remarks."

"…will take away from the State of Illinois. When is it not a fact, that right now, in southern Illinois there's nothing there, so there is no sales tax coming into the State of Illinois in any type…

"This Bill…"

"Thank you. Thank you."

"The proposed land is empty. Also I should…"

"You can't because he's going to cut me off, Representative Bradley. I just want to say, as we look at, you know, when you look at economic development and, I agree and with all due respect to my seatmate, there are 09600139.doc 97  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 many ideas out there and different economic development tools that we can use. But, there is one main difference that I… that stands out to me when I look at TIF districts and enterprise zones and this. There are many promises made sometimes in TIF districts about jobs that are going to come and in those particular agreements there is not anything like there is in this. That if this developer does not bring the jobs that are promised, there's actually a fine that this developer will pay. This is new as far as economic tools and I believe that's a huge benefit, or at least it says let's try something new but make sure that the people in the state are protected. I also understand that this is… sometimes people don't understand about trying new things, but economic development and jobs in the State of Illinois is something that all of us have talked about. We have talked about the need for jobs. To say no to an idea just because possibly it's not in your district is unfair and it is certainly unfair to the State of Illinois and to the people who can have the jobs. I ask for an 'aye' vote."

"Mr. Boland."

"Thank… thank you, Mr. Speaker. You know, in my 16 years as a Legislator here I've had many opportunities to travel to and through southern Illinois. It's an extremely beautiful area. And this last year, as I was campaigning, I had many opportunities to bring my wife along with me and she will… would also fell in love with southern Illinois. It's much like my area of the state, very beautiful. But, it has high unemployment, it has a lot of poverty, but it 09600139.doc 98  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 has good people willing to work, want to work, and who want to stay in their region. And this region of southern Illinois has tremendous promise. This is a great step forward that can help bring that promise to fruition. And so, one of the things that I hope that all of us will look at is no matter where in the state we have the potential for some great economic development, whether it is the reforms at McPier, whether it's southern Illinois, whether it's the Thompson Prison in my region, wherever it's at, that we all cooperate and work together as a state to bring jobs to our state no matter where in the state it is at. Because, believe me our neighbors, Indiana, Iowa, other places like that, are very united in promoting their state. They don't just look at one region. We cannot as well. I hope all of you will vote 'aye' on this."

"Representative Reboletti for two minutes."

"Gentleman yields."

"Yeah…"

"Yeah, yeah, there… Thank… thank you, Representative. The iBIO is in here. That's something that Representative Mendoza's been working very, very hard on for years. I commend her for that. That is a Senate Bill that will help create jobs in the biotechnology industry in the state, and there's also an Angel program in here. So, really what 09600139.doc 99  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 this is… is the concentration here has bound the discussion over the STAR Bonds and the Marion development, but really this is an economic development innovation Bill. We have three new concepts that the state is going to try and hey, what we've been doing hasn't been that great 'cause we've been in trouble financially. So, let's try some new things and see if they work."

"No, it's just… ANGEL is statewide as is iBIO."

"Correct. Correct."

"Representative Burke. Mr. Burke."

"Mr. Speaker, I would offer my time to Representative Joyce."

Speaker Lang: "Representative Joyce indicates he's not interested in your time, Sir."

"Speaker."

"Please proceed."

"If Mr. Joyce is not going to accept my time, I would suggest to the Members of this Body that sometimes we have to consider local, regional issues. And as I reflect on the vote just the other day with respect to the Voucher Bill, there are those in this Body that didn't support that initiative, that are going to ask people like me, people like Representative Ford, people like Representative 09600139.doc 100  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 Mendoza to support this. Where is the give and take, Mr. Speaker? Is there going to be a day when sometimes these chips can be redeemed? Maybe that day will come and maybe the vote on this Bill will reflect the same consideration, the same respect for those that give every day. In my 20 years, I asked you to do something that was decent for the kids in Chicago that were getting taught in toilets. How dare you ask me to support something that's this regional when you don't give a little bit something back. Ladies and Gentlemen, I'd ask you not to vote for this just on that basis. Thank you very much."

Speaker Lang: "Representative Careen Gordon, you spoke in debate, for what reason do you rise?" Gordon, C.: "Mr. Speaker, for six and a half years I've been waiting to say it, but my name was used in debate, Sir. Ladies and Gentlemen, sometimes the war has been lost, the battle is lost, but you still proceed. And I have been relying on evidence my entire life, my entire professional career. So, let me just read you a few things that you should think about before you hit the button and vote on this Bill. Job creation estimates are speculative from the Department of Revenue. Estimated total, direct and indirect job estimates of approximately 1,050. The lovely developer is telling you 6 thousand; associated earnings of 250 million. This does not seem to be reasonable, Ladies and Gentlemen, because an annual salary for jobs that are primarily retail would have to be approximately $44 thousand. You do the math. Get your calculator. The all encompassing nature of total development costs as defined 09600139.doc 101  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 in this legislation arguably makes the cap unreachable. If this goes through, you are setting it up for failure. Well, yes, my seatmate who should sleep with one eye open this evening, I might say, says that other ways to accomplish this are not good enough, are not good enough. She says there are things that are built into this Bill that would… that make it okay, that she says the developer would have to pay a fine. Well, you know what, the fine isn't big enough because he would still be able to get away, get away with paying that fine and still make a profit so very, very large. So while I'm talking in vain and I believe this Bill's going to fly out of here, so the… its… you start something and you know you're going to lose, you still have to go through with it. I knew that when I got out of bed this morning. But remember that line…"

"I hope this is less than your last 30 seconds. Please bring your comments to a close. Go ahead, Representative, please finish your remarks. The Chair recognizes Representative May, who I'm sure is going to give her time to Representative Gordon. Please proceed, Representative Gordon." Gordon, C.: "So while the developer came in under the assumption that greed is good and we would hand it to him, anything he wanted, don't let him have it. There are laws on the books in this state. Follow the law. That's what you were elected to do."

"The Chair would request that the chamber settle down. We have some work to do. Let's try to accomplish 09600139.doc 102  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 the work. The Chair recognizes Representative Joyce for two minutes."

"Thank… thank you, Mr. Chairman. My name was used in debate and I want to… I just want to say, thank you to Representative Burke for his incredible passion for pointing out what all of us go through. And… but we all do understand that every issue is separate and we… and this is a separate issue and certainly there's been some consideration that is always given to each other on this floor and I would join a lot of my colleagues in urging support to improve Representative Bradley's area and southern Illinois' area. And I would urge Representative Burke to join because I think everything in life and in this chamber comes back around and everyone has their day. And hopefully, I'll have another shot sometime, but on this Bill let's vote on this Bill and let's vote 'aye'."

"Representative McAsey for two minutes."

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

"Representative, there are only two people with their lights on, Representative Mendoza and Representative Black and we'll hear from them and then proceed to close. First, Representative Black."

"Mr. Winters, for what reason do you rise?"

"The Chair recognizes the last speaker on this Bill, Representative Mendoza for two minutes."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I know there's been a very feisty and heated debate on this issue. I would, however, like to draw attention to a key element of this Bill and it is the Angel Investment tax credit. Some of you will recall having marched with me over to the Governor's office once, twice, over the last few years asking for grants to be given to emerging tech businesses' asking for Angel tax credits to be given to folks who are looking to succeed in the area of biotechnology, in the area of nanotechnology, communications, agriculture, clean energy, the type of industries and jobs that we are bleeding, we are bleeding to neighboring states like Wisconsin or Indiana or Iowa. We need urgently to be able to help this sector and one of the greatest ways in which we can do it, Ladies and Gentlemen, is by supporting an investment in those sectors. Our business folks need your help. They need our help. And while I know there are… there are many concerns with this Bill for different reasons, I will implore you to please support this initiative because the biotechnology sector 'in particular' depends on our 'aye' votes. Ten million dollars in tax credits will incentivize 40, 40, $40 million worth of investment in this state. We need to show 09600139.doc 104  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 the technology sector, the biotech community, that Illinois cares, that we think that they're important and that we will stand with them as they seek to expand and bring more money, bring economic development and bring some seriously good paying jobs to this state. Please stand with me as I rise to support this legislation and the Angel tax credits that are a key part of this Bill. Thank you."

"Mr. Bradley to close."

"I… there are some things that we disagree on from time to time, but I try to help other people when I can. And I'm asking you on this one to help our region, to help southern Illinois so we can help ourselves. And so for those of you that I've talked to personally and you've told me that you would vote for this or support this, I'm asking you to stay with me and support this Bill and support my area and let's do something great here and monumental for southern Illinois. And as Brandon Phelps said, make this the best thing that ever happened to our region."

"Those in favor of the Bill 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? Acevedo, Cultra, Flider, Fortner, Fritchey, Jakobsson. Mr. Clerk, please take the record. On this question there are 79 voting 'yes', 36 voting 'no' and 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Committee Report."

"The Chair recognizes Representative Mell."

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

"Please state your point."

"This past year I had a contest called 'There Ought to Be a Law' contest and we opened it up to the schools in my district and it was very interesting. A lot of the responses were… were very interesting. One was we should allow 12-year-olds to get driver's licenses. But the winner of that contest is up in the gallery, and I would just like to recognize her and her family. Her legislation was right now CPS students have to do 40 hours of community service. Her legislation would say they have to do 100 hours and it would also involve the… parents to also be involved in community service and giving back to their community. So, her name's Kimberly Wallace, she's up in the gallery. So I'd just like to welcome them and congratulate her."

"On page 8 of the Calendar, under the Order of Senate Bills–Second Reading, there appears Senate Bill 3749, Representative Kosel. Mr. Clerk, please read the Bill." 09600139.doc 106  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"Representative Kosel."

"Oh, excuse… Represen… Please excuse the Chair, Representative, please proceed."

"The Lady withdraws Amendment #2. Mr. Clerk."

"Representative Kosel on Amendment 3."

"The Lady moves for the adoption of Amendment 3. And on that question, the Chair recognizes Representative Zalewski."

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

"The Lady yields."

"Representative Kosel, we talked yesterday in committee about this, the removal of Amendment #2. Just to be clear, with the removal of that Amendment, now all parties are in agreement on moving the Bill forward?"

"What exactly does Amend… would the withdrawal of the Amendment do to the Bill?"

"Thank… thank you, Mr. Speaker. Thank you, Representative."

"Representative Ramey. Mr. Ramey does not care to speak. Those in favor of the adoption of the Amendment say 'yes'; those opposed '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 a third time."

"Representative Kosel."

"The Lady's moved for the passage of the Bill. And on that question, the Chair recognizes Representative Yarbrough."

"Will the Lady yield?"

"Lady yields." 09600139.doc 108  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"Representative, my analysis shows a number of opponents on this Bill. Could you tell me if the AFL-CIO, IBEW and others are still opposed?"

"Okay. Thank you."

"Mr. Ramey."

"Lady yields."

"Representative Kosel to close." 09600139.doc 109  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"Those in favor of the Bill 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? Biggins, Davis. Please take the record. On this question, there are 108 voting 'yes', 7 voting 'no', 2 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 6 of the Calendar, under the Order of Senate Bills- Second Reading, appears Senate Bill 1642, Representative McCarthy. Mr. Clerk, please read the Bill."

"Mr. McCarthy."

"Thank… thank you, Mr. Speaker. The Floor Amendment #2 removes all opposition from the Bill and I move for its adoption."

"Those in favor of the passage of the Amendment shall say 'yes'; opposed '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 a third time."

"Mr. McCarthy." 09600139.doc 110  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"Thank you, Mr. Speaker. The… my friends in the peanut gallery are starting to act up a little bit here, but this basically amends the Chicago Firefighters' Pension Fund and as I said there was no opposition to it. It allows them that if they have earned a benefit under another fund that is not reciprocal, that will not be used to be deducted from the fund that they earned as a firefighter. So I would move for the passage of the Bill."

"The Gentleman's moved for the passage of the Bill. There being no debate, 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? Mr. Leitch? Please take the record. On this question, 104 voting 'yes', 13 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 3 of the Calendar, under the Order of Senate Bills–Third Reading, appears Senate Bill 2647, Representative Jehan Gordon. Mr. Clerk, please read the Bill. I understand that there's an Amendment. Please place this Bill on the Order of Second Reading and read the Bill."

"Representative Gordon." Gordon, J.: "Thank you, Mr. Speaker. House Amendment 2 is merely a technical change. It changes the date for which House Amendment 1 was added. What the House Amendment 2 09600139.doc 111  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 does it merely tightens the language up and I'd like to move for its adoption."

Speaker Lang: "The Lady moves 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. Clerk."

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

"Representative Gordon." Gordon, J.: "Thank you, again, Mr. Speaker. Senate Bill 2647, this particular Bill was passed in the 95th General Assembly and it was tied up in some of the rulemaking language. It was passed out of both chambers. I would like to ask for the consideration of the Body today for this particular Bill. What this Bill would do is this Bill would make Peoria School District 150, it would give them an opportunity to be able to access some of the capital development dollars. This Bill has been a very… has been a bipartisan effort that could not have happened without the help of Representative Leitch, Representative Eddy as well as Representative Mitchell. And I'd like to thank all of them for their support on this piece of legislation. Representative Leitch actually carried this Bill in the 95th…in the 95th General Assembly and I'd like to thank him for allowing me to carry this piece of legislation in the 96th. If there are any questions, I'd be willing to answer 09600139.doc 112  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 any of those and… but I'd like to ask for a favorable vote from the Body."

"The Lady's moved for the passage of the Bill. There being no discussion, 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? Fortner, Nekritz. Please take the record. On this question, there are 93 voting 'yes', 22 voting 'no' and 2 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 3 of the Calendar, under the Order of Senate Bills– Third Reading, there appears Senate Bill 1118. Mr. Clerk, please read the Bill."

"Mr. Bradley."

"There has been a lot of uncertainty in the law. By the way, I'm back. There's been a lot of uncertainty in the law regarding the 360/365 computation for the banking industry. There's been a lot of litigation over it. There's a dispute between some of the consumer groups and the banking groups over the interpretation of this. This could be resolved either legislatively or through the court system or both, so this is an opportunity to resolve this one way through the legislative process. If, in fact, folks in the Legislature settle this… the thought here is you settle this issue one way or the other with the vote on this Bill. So, I would ask you all to have a healthy 09600139.doc 113  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 debate and let's settle this issue. Ask for an 'aye' vote."

"Gentleman moves for the passage of the Bill. And on that question, the Chair recognizes Representative Froehlich."

"Thank you, Mr. Speaker. Will the Sponsor yield? So, Representative Bradley, then would this Bill assure one side in this dispute in court wins? Is that what we're doing here, trying to…"

"Well, it would still be up to the interpretation of the court. I can't say that it ensures one side to win."

"Well, what's your intent? What's your intent with this Bill?"

"To provide… provide certainty as to what the 360/365 rule. This would be legislation that would be favored by the banking community and consistent with what they've done in the past."

"And that is to permit… permit them to collect interest on days that don't exist. Is that what your Bill would do?"

"Well, I don't know if I would characterize it that. And Representative, I think you and I have talked about this, right? I want to settle this issue. So, if you want to go to the Bill and state your concerns, maybe that might be a more appropriate way to handle this than you and I going back and forth on questions 'cause I want to settle the issue."

"Okay. Thank you."

"Representative Monique Davis for two minutes." 09600139.doc 114  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 Davis, M.: "Thank you, Mr. Sponsor… Mr. Chairman. Will the Sponsor yield?"

"Yes."

"Gentleman yields." Davis, M.: "Representative Bradley, are there cases pending in court in reference to this issue?"

"I think there is. I don't want to misstate. I know there have been cases in the past. My understanding was there was an explosion of cases over this issue, but to say how many or where they're at, I don't have that information. I've been concentrating on the Bill before this. And so, I apologize that I can't answer that more directly. I think there's… staff tells me there's 30 cases pending." Davis, M.: "My understanding, it's about 50 cases that are in court."

"Okay. I won't dispute… I won't dispute that." Davis, M.: "Okay. And may I ask you why there is a need to put critical warning to lender?"

"I don't know the… I don't know the answer to that. Let me see if I can find out, okay?"

Speaker Lang: "You completed your remarks, Representative Davis?" Davis, M.: "No. No, I haven't. He's looking for this issue here."

"Can… Why don't we move on to the next question while they look up the answer for you?" Davis, M.: "Okay. While he's looking for that. People may not be paying attention, but the issue is banks are lending 09600139.doc 115  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 money to businesses purportedly at an annual interest rate and then they're adding another 5 or 10 days' interest on to that year, and most people are not aware of what is occurring. Listed as an opponent, of course, is the… the Trial Lawyers are opposed to the legislation and in committee we had a Mrs. Sanchez…"

"Please bring your remarks to a close and then we will get you your answer from Mr. Bradley to your previous question." Davis, M.: "I'll bring my remarks to a close, but since there's not ample time to ask questions, I would just urge a 'no' vote."

"Representative Fritchey."

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

"Sponsor yields."

"John, yeah, I've wrestled with this issue and I think from a legal standpoint I have a hunch you and I see it the same way. There…there may be questions raised about this policy and whether it's a good policy, but at the same time …Yeah. I fully support the notion that individuals in a commercial transaction should be allowed to agree to whatever they agree to. And if this is what they agreed to and it's set forth in the loan, then, you know, they're big boys or big women and they can do that, correct?"

"Well, yeah, and the whole idea here is this legislation settles it one way or the other.

"Well…"

"It passes or it doesn't."

"But… but and I guess…" 09600139.doc 116  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"And it's still up to the courts, right?"

"Well, yeah, but it's…"

"Regardless of what we do."

"But …but it's not on a certain… Here's the part I have trouble with, and I've been wrestling with this thing for a week now. The statement that the legislation is declarative of existing law."

"That's really where the rub is, I believe."

"It truly is because if that sentence wasn't there I don't think this Bill would have received any attention or any debate. It probably would have flown out. But, you… are you at all concerned that this Body is going to take steps potentially to impact not only pending loans, but pending litigation, more importantly. We've always tread very carefully to do anything that would impact pending litigation. That's what this would do because if the law was settled, the Bill wouldn't be here."

"Well, I don't know the answer to that because I remember we did the med/mal thing a few years ago and that affected litigation. And actually, when I was a kid I got to argue in the Supreme Court and it was over a case that was affected by legislation that was passed and the file…the case hadn't been filed, but the action had accrued. So I think this comes up from time to time and ultimately. The courts and the Legislature have to figure it out and who's ultimately going to have the final say."

"Well, I guess, but in… and… I'll tell you one…"

"Please bring your remarks to a close, Sir." 09600139.doc 117  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"Thank you, Speaker. One of the reasons I bring this up is a party to one of these pending cases sent an e-mail to a plain… a bank that was a defendant, sent an e-mail to a plaintiff, in which they said, you may want to drop your case because this Bill that's pending is going to knock your case out of the water. For a defendant to rely on the Legislature to protect them in a pending lawsuit just seems to be troubling policy regardless of what the underlying issue is. So, I don't know if John, I guess, if that's a question or a statement and I don't know what the right answer is here. I guess this is maybe just an admonition that we really think long and hard before we affect people's rights, you know, midway in the battle."

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

"The Gentleman yields." Gordon, C.: "Thank you. Representative Bradley, is the new language in subsection 5 in Senate Bill 1118 intended to make the bank method of calculating interest the only method, or even the default method, of calculating interest in these situations?"

"No, the language is intended simply to clarify that the bank method is, and always has been, a method of calculating interest permitted under the Interest Act." Gordon, C.: "So, if the loan agreement or the promissory note in these situations were silent as to the method of calculating interest, then the bank method would not be the default method?" 09600139.doc 118  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"That is correct. The bank and borrower would have to agree in the loan documentation to use the 'bank method'." Gordon, C.: "Because you can agree to anything as long as it's legal, right, Representative?"

"Yes, that's correct." Gordon, C.: "Okay. Thank you, Mr. Speaker."

"Representative Dunkin for two minutes."

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

"Sponsor yields."

"Representative, in committee this Bill took on a…a very contentious and almost accusatory atmosphere. Just some brief questions. When the bank states that an annual interest rate a loan rate, shouldn't they be charged that particular rate?"

"I'm sorry. Give me a second. Yeah. Representative, can…can you repeat that question? I'm having trouble hearing."

"Mr. Speaker."

"Chairman… Leader."

"I'm losing time here. Can you we… can you start the clock again, please?"

Speaker Lang: "I'll give you whatever time you need, Sir. Could we bring down the volume level in the chamber? Let's get our work done today, Ladies and Gentlemen. Thank you very much. Please proceed."

"Representative, the question is, when the bank states an annual interest rate and a loan rate, shouldn't they be charged that rate? If I say I want to charge you 5.875 percent…" 09600139.doc 119  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"Well, my… the hesi… my hesitation…"

"…but in reality I'm charged 5.957 per year, is that a fair rate?"

"My hesitation is and if you're reading from prepared questions, I don't have the benefit of that and so I have never done one of these loan agreements myself. So, I know that like when I've taken loans out that they have like a rate, but then they have to put the stuff up at the top. And I don't know if that's what you're talking about. It's like… do you have to include the fees in that when you do that too or… I guess I don't know the answer to your question. It sounds like a technical question

"Representative…"

"Regarding banking."

"Okay. If this is an existing law, then why is it necessary to declare it?"

"Well, I think that what's been going on, it's my understanding, is there's been a lot of controversy and conflict over the interpretation of it, the 360/365 rule…"

"Mr. Bradley, please complete your remarks."

"There's been a lot of litigation over it and so the way litiga… that could be resolved would be creating certain fee either through the legislative process, the judicial process or perhaps both."

"Mr. Dunkin, we'll give you a short period of time to finish up, Sir."

"Thank you. This is the last question. What is the business purpose of using the 360/365 method?" 09600139.doc 120  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"I don't know the answer to that. It's something that they've been, I… it's my understanding they've been doing for years and..."

"Representative, you're…you're carrying this… this is a major piece of legislation."

"I mean…"

"You know, I certainly respect you."

"Yeah."

"You carry a number of impressive issues to help citizens in our state. What is the method…"

"Which is it?"

"…what is the purpose of using the 360/365 method?"

"Well, I assume that if you…"

"That's the crux of the Bill, right?"

"Right… right… well, but you're asking me to know the motives of a particular person who might use it and there's two different questions there. So, when you do the 360, you're going to get a different calculation than if you do 365. And so the question is, yearly rate, right, is it calculated on 360 or is it calculated on 365, provides different numbers, correct? And so when there's uncertainty as to whether or not a yearly contract or a year means 360 or 365, that's why we're here, to settle that, right?"

"So, no. Again, the confusion was… is, you know, there's litigation right now going on with about 25, 50 cases and we're here. So I just wanted you to explain the significance of this piece of legislation." 09600139.doc 121  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"So… so, there's uncertainty in this. And if you're suggesting that the calculation of 360/365 is because under one calculation you receive more in interest payments than under the other calculation, that would be a possibility."

"I'm just trying to get some clarification."

"Well, and I'm trying to provide it to you, but I'm no expert on this and I made that clear."

"Thank you."

"Thank you, Mr. Dunkin."

"Thank you, Mr. Speaker."

"Mr. Walker."

"Will the Sponsor yield?"

"Yes, he will, Sir."

"Mr. Bradley… Representative Bradley, I've heard you comment about consumer protection and consumer groups. Does this calculation in any way apply to any consumer product?"

"My understanding is this is a dispute involving commercial loans only."

"So this is a dispute about commercial products between businesses and banks."

"That's my understanding, yes."

"Do you know how long this interest calculation method has been used?"

"Well, I heard things in committee the other day and…and it was a long time, over a hundred years."

"To the… to the Bill. The imp… the impact of the Bill is to declare this as law. This has, in fact, been used… been… in commercial transactions as a standard known and 09600139.doc 122  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 disclosed process and procedure since 1300. This is over a thousand year practice. It is the standard practice for business loans every since our Interest Act was passed 135 years ago. It… every once in a while these waves of suits come up. They really just confuse the issue. This is a standard business practice, standard business disclosure, understood by all businesses. This is really a red herring. We should vote 'aye' on this."

"Mr. Leitch for two minutes."

"Mr. Pritchard for two minutes."

"Mr. Bradley to close."

"Again, this is to settle dispute, provide certainty in the law. Courts may still undecide it at some point or… but in any case, we're going to make a decision here one way or the other. And I ask for an 'aye' vote."

"Those in favor of the Bill shall vote 'yes'; opposed 'no'. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Burns, Currie, Fritchey, Winters. Please take the record. On this question, there are 73 voting 'yes', 36 voting 'no' and 6 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 4 of the Calendar, under the Order of Senate Bills– Second Read… excuse me… under the Order of Second… Senate Bills–Third Reading, appears Senate Bill 3712, 09600139.doc 124  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 Representative Gabel. Mr. Clerk, please read the Bill. Lady takes the Bill out of the record. The Chair recognizes Representative Arroyo. For what reason do you rise, Sir?" Arroyo: Mr. Speaker, I was supposed to be a 'yes' on that last vote. Senate Bill 1… 1118. Could you record me as being a 'yes', please?"

"The record will reflect your intentions, Sir. Mr. Rose, for what reason do you arise, Sir?"

"The record will reflect your intention, Sir. On page 4 of the Calendar, under the Order of Senate Bills – Third Reading, appears Senate Bill 3421, Representative Osterman. Mr. Clerk, please read the Bill."

"Mr. Osterman."

"Everybody calm down. Calm down. This is the first and last Bill that is sponsored by me that's supported by the NRA. But in all seriousness, there are another… other pieces of legislation that we'll be moving through this chamber that should get an extensive amount of debate. This Bill simply will allow for the state police to access $1.7 million in federal funding that can be used to revamp the FOID system which all of us, I think, have an interest in. And based on a federal statute change that happened after the Virginia Tech shooting, our states is required to put in the statute a provision that would allow certain 09600139.doc 125  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 individuals that have mental illness, the ability to seek relief to the Department of State Police. And in the last year there's currently provisions in place for them to do that. Last year, 14 individuals sought relief from the director of State Police and none of those individuals were… was able to do this. But, this is something that the Federal Government is asking us to do. Again, it is supported and is an issue of the state police. It's supported by the NRA and should get 118 votes. So, happy to answer any questions and ask for an 'aye' vote."

"Gentleman moves for the passage of the Bill. On that question, the Chair recognizes Mr. Bost."

"Those in favor of the Bill shall vote 'yes'; those opposed 'no'. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Cultra, Franks, McCarthy, McGuire, Mitchell. Mr. Clerk, please take the record. On this question, there are 108 voting 'yes', 7 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 6 of the Calendar, under the Order of Senate Bills–Second Reading, appears Senate Bill 2863, Representative Osterman. Mr. Clerk, please read the Bill." 09600139.doc 126  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"Representative Osterman."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. This is a companion piece of legislation dealing with nursing home reform, and I'd ask for Amendment #1 to be adopted to the legislation."

"Gentleman moves for the adoption of Amendment 1. Those in favor say 'yes'; those 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."

"Mr. Osterman."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 2863 is an initiative of Attorney General Lisa Madigan's Office and will provide some strong safeguards and criminal conduct provisions for those individuals that manage and neglect nursing homes. All of us have seen the problems and read about the problems. This would give some strength to the Nursing Home Act, also provide some transparency and on the nursing home fraud and abuse provisions. And I would ask for its support. Happy to answer any questions." 09600139.doc 127  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"The Gentleman moves for the passage of the Bill. The Chair recognizes Representative Black."

"The Gentleman yields."

"Thank you for clarifying that, Representative. This has nothing to do with child care; it's not a fee or license increase. Deals strictly with nursing home reform and there's no fees in this Bill."

"There is no opposition to this Bill. There was a Senate Bill that came over to us, I think it was Senate Bill 678, and the nursing home industry worked with the Attorney General's Office and advocates. There were some tweaks in the language, but there's no opposition to this Bill."

"Mr. Mitchell." 09600139.doc 128  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 Mitchell, J.: "Thank you, Mr. Speaker, just a point of order."

"Please state your point." Mitchell, J.: "On Senate Bill 3421, I'd appreciate it if the record would reflect that I would have liked to have been a 'yes' vote."

"The record will reflect your intention. Mr. Osterman to close."

"Ladies and Gentlemen of the House, over the last year we've read, again, a lot of stories about some gross neglect and mismanagement in nursing homes with our elderly and most fragile. This will give the Attorney General some strong provisions to go after those individuals that put those people in harm's way. All of us have an interest in improving the nursing home industry, including those that run those facilities. This is a sound piece of legislation and I would ask for everyone's support."

"Those in favor of the Bill should vote 'yes'; opposed 'no'. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please take the record. On this question, there are 117 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Franks."

"Thank you, Mr. Speaker. I've discovered that I actually have a 'green' switch here and I meant to use it for Senate Bill 1642. So, I'd like to have the record reflect that."

"The record will reflect that you have a 'green' switch, Sir. On page 15 of the Calendar, under the Order 09600139.doc 129  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 of Resolutions, appears House Joint Resolution 119, Representative Acevedo."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. A few weeks ago our nation watched in horror at the poisoning of our waters in the Gulf of Mexico, waters that have nourished a thriving fish… fishing industry, waters that serve as a life-blood for a diverse and rich wildlife, waters that our children swam in for generations without fear or worry. But, now all of that is threatened and our nation is united together in shock and anger. All of us recognize the need to rise up and demand swift action to clean up this mess before it causes irreparable damage, but those waters are not the only precious asset threatened in recent weeks. The misguided actions by the Legislature and the Governor of the State of Arizona threaten to poison the very soil by which our fellow Americans walk. Where is the shock and anger? Ladies and Gentlemen, I ask again, where is the shock and anger? It is time for all of us to rise up and demand the same swift action to clean up the mess this law created, now, and for generations to follow. Our American soil is known around the world for nourishing the dreams of immigrants that serve as life's blood for diverse and rich cultures who have come together to build one great nation. But now some of our children can no longer play on American soil without worry or fear. Unless something changes in the State of Arizona, some of them, if they look like me or my brothers and sisters or my sons, will have to worry that they or their father or mother may be taken into custody merely for walking upon the same American soil. 09600139.doc 130  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 This outrageous law will make it a crime for a person merely to present upon American soil, to be present upon American soil if they are not carrying papers to prove they belong. It requires police to detain people they suspect may be here without proper authorization. In a nation with a system of laws founded on the presumption of innocence, this is an abomination. We must not sit idle by as we witness the poisoning of American soil in the State of Arizona. Ladies and Gentlemen, this great country was built on the blood and sweat and tears of the immigrant community. We can only see how the environmental catastrophe in the Gulf of Mexico threatens to corrode our rich fishing waters and wildlife sanctuaries. Now is the time for us to open our eyes and see these civil rights catastrophe in the State of Arizona threatens to erode our nation's rich history of freedom, tolerance, and fairness. I ask you, it's time for the people in Arizona, the citizens who are responsible for passing this legislation, to get back to what this nation's great about and it's equality and justice for all."

"The Gentleman moves for the adoption of the Resolution and on that question, the Chair recognizes Representative Berrios."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. First, I'd like to start by commending Representative Acevedo for sponsoring this Resolution. Thank you for bringing attention to Senate Bill 1070, a new law that will go into effect 90 days after it was signed by Arizona Governor Brewer. At a time when we are calling on 09600139.doc 131  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 Federal Government to adopt comprehensive immigration reform laws, this new law is a step in the wrong direction. Senate Bill 1070 is an unconstitutional and costly measure, which will jeopardize the safety of all people living in Arizona. Senate Bill 1070 subjects Arizona's Latinos and newcomers to discrimination and racial profiling. Arizona has more than 30 thousand Latino-owned businesses that generate $4.3 billion in revenue and employ more than 35 thousand people. Most of them are now looking for new locations to move their businesses. Here in Illinois we are looking at ways to create jobs, finding ways to use federal moneys to help us with employing people. Most states are trying to create jobs, Arizona isn't. They're getting rid of them. Arizona stands to be the next Detroit when this law goes into full effect. Supporters of Senate Bill 1070 say this measure is needed to curb the crime rate in Arizona. The truth is, Arizona's crime rate has been declining over the last several years. The U.S. Department of Justice's Bureau of Justice and Statistics show the state's crime rate is at its lowest point in decades and below the national average. After two separate conference calls this week with Arizona Mayors, Arizona Legislators and various national organizations, everyone agrees this legislation is not going to do what the supporters say it will do. This law violates the civil rights of all in Arizona and those visiting Arizona."

"We'll give you some more time, Representative."

"Thank you. While, we can all agree that immigration reform is necessary this law does nothing to actually curb 09600139.doc 132  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 the problem, but rather opens the door for a state in which every Latino will live in fear of harassment, whether their status is legal or not. In today's Sun-Times I read something that sums it all up. We all agree that our immigration system is profoundly broken and needs a fix. But, it's up to Congress to pass just and comprehensive immigration reform laws. I ask all of you to support this Resolution. It's the right thing to do. Let Arizona know Illinois does not support Senate Bill 1070. Thank you."

"Mr. Burns for two minutes."

"Thank you very much, Mr. Speaker, to the Resolution. I'd like to thank Representative Acevedo for bringing this Resolution forward as well. I join with my colleagues in supporting this Resolution, because the Arizona law neither secures our borders nor provides a pathway to citizenship. Rather, the Arizona law empowers and encourages local law enforcement officials to engage in racial profiling. As a member of a group in this country that has been the subject of racial profiling and unbridled police power, I must stand opposed to this legislation. This… law enforcement officials are now required to check the immigration status of any person under arrest and all residents are required to carry identification documents with them at all times. From my vantage point, Arizona now resembles a police state. This is not the America I know, this is not the America I love. And for those reasons I hope all of us will join our colleagues in voting 'yes' for this Resolution."

"Mr. Ramey for two minutes." 09600139.doc 133  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"Please state your inquiry."

"It's… a Resolution, Sir, there is no limit on debate, but let's…"

"…recall, that it's a Resolution."

"Sir?"

Speaker Lang: "Well, we're going to limit you, but why don't…why don't you start your remarks and I'll give you whatever time you need if you're reasonable, Sir."

"Gentleman yields."

"Do I know the name of it?"

"I don't know the answer to that."

"Gentleman said he didn't know the answer.

"Why don't you tell him, Sir?"

"Under which… in Arizona or are you talking about the nation?"

"The poll was probably done by the Minutemen."

"Well, I do know that some law enforcement officials here in the State of Illinois condemn the Bill as well."

"I did… didn't know that."

"To the Bill. We'll give you an additional minute to complete your remarks, Sir."

"Representative Soto."

"Thank you, Speaker and Members of the House. I just want to say I'd like to thank Representative Acevedo for introducing Resolution… I'm sorry, yes, Resolution… House Joint Resolution 119. I just want to say this is… this Bill is unjust. It is inhumane and it violates the civil rights of our people. And I just have to say, this is not fair. I think that Governor Jan Brewer was drunk when she 09600139.doc 136  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 signed this damn Bill. Okay? And another thing, let me let you know that she ran for office, she did not run for a federal level position. So, you know what, she's got to watch what she's doing because this is not going to be tolerated in the State of Illinois and that is my message to this state."

"Representative Mendoza for two minutes."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I rise in support, obviously, of House Joint Resolution 119 and thank the Sponsor and all those who have joined us in denouncing what Arizona just did. The Arizona law, as Representative Burns says, does nothing to solve the problem of immigration or unlawful immigration and what it does do a very good job of doing is engendering hate and divisiveness. At this period of time in our history, that's the last thing that we need to move forward as a country. I am a proud citizen of the United States of America. My mother and my family are all proud citizens of this country; however, when these things occur there's nothing to feel proud about as a citizen who would live in a country that has a state that engenders hate, divisiveness and fear mongering. I'm probably not the most common Mexican who will get pulled over if I were in Arizona or asked to present my papers. But maybe should my mother go to Arizona or my brother, who isn't as light- skinned as I am and maybe not as freckly, maybe they should tattoo their Social Security number on their arm to make the lawmakers of Arizona feel a little bit more comfortable about their presence in that state. This is what we're 09600139.doc 137  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 coming to, folks, and I think that Illinois is at a point here where we need to acknowledge that what they're doing in Arizona is not based on trying to keep Arizona safe. It's playing to and pandering to those type of individuals who get their news from the Fox News Network, from the Minutemen Society, from people who hate immigrants, whether they're legal or not. Folks, let's do the right thing and support this legislation and condemn hateful, racist and just ignorant…"

Speaker Lang: "Please complete your remarks. You have completed your remarks."

"They're done."

"Mr. Burke."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I think if the Members of this Body would reflect of recent history, we passed a matter that provided that immigration detainees should be afforded access to religious counsel, and that matter passed unanimously. I would hope, and I would certainly encourage this Body to consider the intent, to consider the importance of this Resolution. One of our previous speakers talked about maybe not wanting his colleagues to be angry with him for opposing the intent of this Resolution. I would be one that would certainly not encourage anyone to be angry, but I would certainly encourage you to observe what it is to be a decent neighbor, to be a friend, to be one that would say, yes, people have rights in this society. There are those that contribute to this community every day. And yeah, I might be angry when you call out a certain society 09600139.doc 138  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 to say that maybe they're lesser than me. Yes, I'll be angry if you're going to treat people differently. Yes, I'm going to be angry if you're going to say you can do a dirty rotten job that maybe I wouldn't want to do. And yes, I'm going to be angry at Arizona for being a state that would call themselves out as racists. Ladies and Gentlemen…"

"Please complete your remarks, Sir."

"Ladies and Gentlemen, I would encourage your support of this Resolution."

"Mr. Fritchey for two minutes."

"Thank you, Speaker, to the Resolution. For those of you that don't know, I'm the son of an immigrant. My mom came here from this country legally, but she came here from this country. Most of you here probably haven't read the text of Arizona Senate Bill 10… 1070. The relevant portion provides that law enforcement officials can detain somebody if there's a reasonable suspicion that exists that that person is an alien who is unlawfully present. I listened to the Governor of Arizona say that they're going to come up with the standards on what an illegal alien looks like. I mean, do they expect them to be wearing a sombrero, a poncho? This is ridiculous to talk about what the majority of the country wants or the majority of the people in Arizona wants is nonsense. Ladies and Gentlemen, let's not go too far back in history, there was a time the majority of this country supported slavery. There was a time that this country supported… the internment of Japanese- Americans. There was a time that this country supported 09600139.doc 139  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 separate but equal education, a time when a number of Members in this chamber right now would not be able to use the same bathroom or water fountain as we could. And the majority of the country supported that. Never let ignorance of the majority stand in the way of the rationality of the right. This is a bad policy that Arizona got into. It's divisive. The fact that we're spending our time debating this in the Illinois General Assembly shows that. It's amazing to me that in 2010 we're going to have a debate and we're going to compare the detaining… detaining of criminals to the detaining of… or thieves to the detaining of Hispanic looking individuals. There is no rational basis for this. There is no legal way to enforce this. I believe that the court system will do away with this long before we ever do, but this is a travesty that will be seen as a blight on American history. Support this Resolution."

"Mr. Stephens, two minutes."

"Mr. Stephens…"

"…for two minutes."

"Mr. Black."

"Mr. Black, we have two more speakers. We'll let them complete. Mr. Stephens."

Speaker Lang: "We'll hear from Mr. Harris, Representative Hernandez and then we'll take a vote. Representative Harris."

"Thank you, Mr. Speaker, to the Bill. I think what we're talking about here is a larger issue than one state. We're talking about… what our Constitution guarantees and that we have sworn to uphold and protect of equal protection under the law. And for a state to attempt to deprive its citizens of equal protection under its laws because of their appearance, their behavior or some out…outside characteristic, puts each and every one of us in this chamber, and across this country, in jeopardy. Men and women have fought for the Constitution; they have fought for our rights. I think we need to stand up. I commend the maker of this Resolution for bringing it forward so that we could have a chance to speak."

"Representative Hernandez." 09600139.doc 141  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"Thank you, Speaker. I'd also like to thank Representative Acevedo for bringing this House Resolution. I think it's extremely important that we talk about this. Instead of moving in the direction of immigration reform we are allowing, by not saying anything, to regress. I also am a daughter of an immigrant. A mother of seven, a mother who was widowed with five children in Mexico and who had to cross legally, fortunately, and make… bring the… bread and butter to a point that she was… she was successful in… in bringing my brothers and sisters to the United States. But it wasn't until she met my father, also an immigrant but in the Army, enlisted in the army and made a career of the army. Many of you may not know, but I am, as many may call, an Army brat. I was born in an Army base and so was my younger sister. So, through the help of my father we were able to bring my brothers and sisters. But we were fortunate. Not many have that same opportunity. Just recently we passed a mandate, a mandate that… to teach our children about a history that we are… we should be very shameful about and should remember not to repeat, and that is the deportation of American…"

"Representative, can complete her remarks."

"…American Mexicans deported to Mexico. We can… American. Emphasize. Yes, let me emphasize American Mexicans. We cannot have this. With this law in Arizona, this is… this potentially could occur again. So I ask you, reflect on this. I encourage you to vote for this. Thank you."

"Mr. Acevedo to close." 09600139.doc 142  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. You can sit here and you can tell me every poll you want to talk about. You can tell me the percentages of Arizona people who support this Bill. I guess Representative Mendoza said it best as far as tattooing your Social Security number on your arm. Why don't we go one further? Why don't we make them wear stars on their sleeves like Hitler did to the Jews in the Holocaust? Why don't we do that? Ladies and Gentlemen, I was born in the City of Chicago, so were all my 10 brothers and sisters. My parents were born here. When I passed the Driver's License Bill, I got a phone call, from someone who doesn't even live in my district, telling me I didn't know what it was to be a true American. I told them my father fought in the Korean War bravely. My family fought in the Vietnam War. My nephew fought in the Iraqi War and my…and my cousin's still fighting in Afghanistan. So I know what it is to be more of an American than he was because actually I'm part Native American and we were here before them. We all come from immigrant forefathers. We cannot turn our backs on these individuals. Not just undocumented, Ladies and Gentlemen think about it. Just because of the color of your skin or the way you look a police officer can stop you and ask you for identification. That is not what America is about."

Speaker Lang: "Those in favor of the Resolution shall say 'yes'; those opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Resolution is adopted. Mr. Clerk, please read House Resolution 1206." 09600139.doc 143  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

"Mr. Riley."

"Thank you, Mr. Speaker. Members of the House, as we've been discussing a lot of very important measures today and generating heat and light, sometimes more heat than light, we've sort of come back to the time where I think we can all agree that there are those… sometimes, you know, we will castigate the 20 something's that say that, you know, they need to be more involved. Well, we can celebrate the life of a young man that basically lived out his dream. Many of us wanted to be firefighters when we're young? That's what we're supposed to be. And he did that. He was 09600139.doc 145  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 a firefighter-paramedic for two months before he died. I was just jotting down some notes that I just want to share with you, things that I remember. Just think about them for a second. We'll get through this together. Can… please, can you take that outside? Well, you know what? I'll go on because this is for Brian and his family who may be watching right now. Living his dream. The ultimate show of brotherhood. He died doing what he loved. He loved running 10Ks. I'm numb, but I'm proud of my son. He did everything to make it. It was the happiest day of his life; we went downtown for lobster, which was his favorite. His… heroic colleague, Karra Kopas, 21 years old. And I could go on and on. I went to the wake and you know I guess because, you know, I was the Representative from the area, knew the family, I was let in to see him through all of the crowds. The line went around the corner twice and down the street. At his funeral, the cortege stretched for more than a mile. And I know and you know, young people, just like Brian and just like Miss Kopas, there are those people that we know who really embody what they're doing. I mean, he…he was a fireman. And, at the wake he was in his full uniform looking regal. And I met the family, the brothers and the sisters and they were devastated, but they held up like… like you do. And I remember the father asking me, Representative. Riley, how…how do you get through this? And I said, well, it will just take time. But we want to have those tangible representations of a life well-lived, of a heroic life well-lived. He was first on the scene and went into that house not thinking about 09600139.doc 146  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 his own safety. And so we'll talk about, you know, memorials to Brian. There'll be… they will name a street, you know they will name some facility, but it's that courage that we will always remember, first on the scene. From what I understand he was always like that, young man willing to help anybody and isn't that what it's about? And I think we can all learn from his example. We can all learn from his example. What a great young man, my son, your son, your friend, these young people that dedicate their lives to helping others. So today I would like to, with you and with my other colleagues who represent the great City of Homewood whose heart is still broken, I'd like to honor firefighter-paramedic Brian Colin Carey. May we have a moment of silence. Thank you so much. Mr. Speaker, I would like to defer to those colleagues who also represent the City of Homewood, Illinois, if they would like to make remarks."

"The Gentleman moves for the adoption of the Resolution. On that question, the Chair recognizes Representative Will Davis." Davis, W.: "Thank you very much, Mr. Speaker. I want to take this time to commend my colleague, Representative Riley, for bringing this Resolution forward on behalf of a great young man in the Village of Homewood. After the incident, I had the opportunity to stop by the firehouse, and just to see how the fellow firefighters were doing, and I ran into a good friend of mine named Scott who's a firefighter and it's unfortunate that Scott happened to be the firefighter in charge, if I can use that phrase, at the time of the 09600139.doc 147  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 incident. So, he took it and he is still taking it extremely, extremely hard that one of his fellow firefighters was lost on his watch. But as I looked around the firehouse and I know that other firefighters were mourning the death of this young man and the incident that hurt the young lady, I was very proud to see how the neighboring fire departments stepped up to provide coverage for the shifts that allowed these firefighters, that were on that particular shift, the opportunity to go and to be at home, to be with their families and their friends and to take the… to take the opportunity to really mourn the loss of that individual. And that sometimes not… does not often happen where when you have a tragic death that you really have the opportunity to mourn and it's just one of those things that we just have to do. It's what we have to do to be able to get past and be able to go beyond such a tragic incident. And…and those other fire departments were stepping up to the plate to provide that coverage to allow these young firefighters the opportunity to do so. And if at no other time was I more proud of being a resident of the Village of Homewood than seeing how others were wrapping their arms around this fire department than in this instance. And I know sometimes we often go back and forth on…on issues and things of that nature, and that's what we are supposed to do because we're Representatives of the areas. But, it's times like these and how unfortunate they may be when we all just must take a step back and recognize how fortunate we all are and to recognize our families and our friends. And, unfortunately, this young 09600139.doc 148  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010 man will not see his family again. The life that he would have lived and what he would have contributed to our society will never be realized. It will never ever be realized. So we can only think about what he would have been in our lives and the type of firefighter that he truly would have been. So, again, we take this opportunity just to… just to slow down just a little bit and recognize what's really, really important about who we are and what we do. So, again, thank you, Representative Riley, to my colleagues, Representative Miller, Representative DeLuca, we all have the pleasure of…of representing this very, very, very good town. A very great town in the south suburbs. And again, we thank all of you for joining us in this moment of silence and this mourning on behalf of Brian Carey. Thank you."

"Mr. Stephens."

"The Gentleman leave… moves that all Members be added as cosponsors and with leave of the Body that Motion is allowed. The Chair recognizes Representative Moffitt."

"Mr. Schmitz." 09600139.doc 151  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 139th Legislative Day 5/7/2010

Speaker Lang: "Those in favor of the Resolution shall say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the Resolution is adopted. Representative Mell."

"A quick… a quick point of personal privilege. I'd just like to recognize the hardest working people in Illinois and say happy Mother's Day to everyone here who's a mother and everyone in the gallery and everyone… all mothers in Illinois."

"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. Mr. Black."

"Please state your inquiry, Sir."

"If you'll be patient, Sir…"

Speaker Lang: "If you'll be patient, Sir, for about five minutes, all things will become known to you."

"Mr. Clerk, Adjournment Resolution."

Speaker Lang: "Repre… Representative Currie moves for the adoption of the Adjournment Resolution. All in favor say 'yes'; opposed say 'no'. In the opinion of the Chair the 'ayes' have it. And the Adjournment Resolution is adopted. The Chair recognizes Speaker Madigan."

"Mr. Speaker, Ladies and Gentlemen, thank you for your very hard work over the last several days, weeks and months. As you all know, our business is not finished, so we will adjourn right now and we will stand adjourned subject to the call of the Chair. So, that when we are prepared to finish our business we'll come back to Springfield for one or two days. Hopefully, no more. Thank you, Mr. Speaker."

"And now Representative… before we go to that, the Chair recognizes Representative Black."

"Now Representative Currie moves that the House, allowing perfunctory time for the Clerk, stand adjourned to the call of the Chair. Those in favor say 'yes'; opposed 'no'. In the opinion of the Chair, the 'ayes' have it. And the House does stand adjourned."