Illinois House Floor Debate — October 25, 2017

"The House will be in order. Members will be in their chairs. We shall be led in prayer today by Wayne Padget, the Assistant Doorkeeper. Members and guests are asked to refrain from starting their laptops, turn off cell phones and rise for the invocation and Pledge of Allegiance. Mr. Padget."

"Be led in the Pledge by Mr. Turner."

"Roll Call for Attendance. Leader Currie."

"Thank you, Speaker. Please let the record show that Representative Yingling is excused today."

"Mr. Wheeler." Wheeler, K.: "Thank you, Mr. Speaker. Please let the record reflect that Representative Pritchard is excused today."

"Mr. Clerk, please take the record. We have 116 Members answering the roll and we do have a quorum. Mr. Clerk."

"Chair recognizes Mr. Wehrli for a point of personal privilege. Not at the moment. Thank you, Sir. Mr. Cabello is recognized."

"Please proceed."

"I see the cake. It must be around his desk somewhere. House Resolution 632, Mr. Costello."

"Thank you, Mr. Speaker, Members of the House. I'd like to recognize and honor Glenda Zanders, who's up in the Speaker's Gallery, with her husband, Herb. Glenda was inducted into the Illinois Outdoors Hall of Fame. Glenda got her start in childhood which was a childhood full of trapping, fishing, hunting and the shooting sports. She fished commercially on the Kaskaskia River with her father Glenn. This upbringing led her to have a passion for the outdoors. She's currently the Chief Procurement Officer and cofounder of Zanders Sporting Goods. She has supported the Illinois Department of Natural Resources Wingshooting Clinic Program, a program developed to teach Wingshooting enthusiasts of all 10000080.docx 3  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 experiences and ages. And she's a major supporter of the Illinois Sportsmen's Caucus, the largest bipartisan caucus in the State of Illinois. Glenda also supports youth involvement in outdoor sports. She does this through organizations such as Ducks Unlimited, the Boy Scouts of America, and the National Wild Turkey Foundation, as well as the fact that she's a major contributor and supporter of the Illinois Conservation Foundation. Glenda has demonstrated that she has made a significant contribution to getting more people involved in the outdoor sports and is a very deserving inductee of the Illinois Outdoor Hall of Fame. She's a wonderful person; she does terrific things in the community and the State of Illinois. I would ask that we recognize her and I would ask that we give her a round of applause. Thank you."

"Chair recognizes the Clerk on the Resolution."

"Those in favor of the Gentleman's Resolution say 'yes'; opposed 'no'. The 'ayes' have it. And the Resolution is adopted. Thank you, Representative. Mr. Welch is recognized."

"Thank you, Mr. Speaker. Point of personal privilege." 10000080.docx 4  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"Please proceed, Sir."

"Thank you, Mr. Speaker. I'd like to call your attention to the Speaker's Gallery. I have some friends here. I'd like to ask them to stand. Mr. Adrian Guerrero and then several of my friends from the Union Pacific Railroad are here today. The State of Illinois is the rail capital of the United States. And the Union Pacific Railroad has more than 2,300 miles of track in our state traversing hundreds of communities. Several of those communities are in my district and Representative Willis's district. Union Pacific maintains railroads throughout the United States located in cities like… throughout our state located in cities like Chicago, Bellwood, Berkley, Melrose Park, Northlake, Dolton, Chicago Heights, Rochelle, West Chicago, Dupo and Salem. Union Pacific Railroad has invested more than $1 billion in our state's economy since 2010. Nothing is more important to these men and women who are up here in the Speaker's Gallery, to the nation's passenger and safety railroad than safety. In 2016, for a second consecutive year, Union Pacific was the top performing railroad in employee safety. Union Pacific commuter operations service unit was also recently awarded the Union Pacific Safety Bell, which many of you probably saw out in the corridor. This bell is a top prize. Union Pacific is one of the safest railroads in the country and has achieved its best annual employee safety performance in the company's 154-year history. And I think that is well deserving of a round of applause in recognition here today on the floor of the Illinois House of Representatives. We have unanimously approved previously House Resolution 398 and I ask that these 10000080.docx 5  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 men and women from Union Pacific Railroad be given a round of applause."

"Thank you, Representative. Representative Ammons is recognized."

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

"Please proceed."

"Thank you. Today I am excited to introduce to the Illinois General Assembly our children from Campus Middle School for Girls, who are right above me. If they will stand up in the gallery. They have come to visit the Capitol today to learn about what we do as well as to visit the historic monuments of our great President Lincoln. I wanted to make sure that you all know what Campus Middle School for Girls is. It's a middle school in Champaign whose purpose is to challenge academically our young girls and nurture them in roles in science and exciting areas of study. It is an eigth- grade group that has traveled here today, the humanities class that's studying the U.S. Constitution. So, I had an opportunity to give them a tour and show them some of the great things in our Capitol. And we want to thank their escorts today, Ms. Judy Nolen and Anita Jung and Nina Yescus, and I hope I've said their names properly, who have brought the girls here to visit us at the Capitol. Please welcome them to their State Capitol."

"Welcome. Thank you for joining us today in the House chamber. The Chair recognizes Mr. Harris on a point of personal privilege." 10000080.docx 6  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 Harris, D.: "Thank you, Mr. Speaker. And if I may, I… permit me just to take a few moments to put some things into the record regarding the attempt of our state to get Amazon here. I think most of us are aware that Amazon is looking for a second headquarters somewhere in the United States. Two hundred and twenty localities around the nation have applied to be the Amazon 2 headquarters. You know for the past several weeks the… the Tribune has editorialized that, well, the Legislature is… is derelict and not doing what it should do to get businesses to come to Illinois. And they criticized us because we didn't get Foxconn which moved up to Wisconsin. Not recognizing the fact that Foxconn was given $3 billion worth of tax credits to go there. Now, I'm glad to see that Illinois governments overall are offering Amazon $2 billion in benefits. I think that's what we should do. I will observe that when we did the Sears deal we offered them 15 million and we were criticized. But I think it's necessary to get Amazon here. But here's my… my issue. When the Governor is sitting across the table from Jeff Bezos, the CEO of Amazon, or when he's sitting across the table from the Prime Minister of Japan, Shinzo Abe, and he visited Japan last year, what does he say to people to say to come to Illinois? Does he say come to Illinois because we are hostile to business? Does he say that we have a failed state? Those are his words, not mine. What does he tell them? Or maybe if the General Assembly had not passed a budget over his Veto he'd be able to say come to Illinois, the only state in the history of the United States to have its bonds rated as junk. Now, there's a selling point for Amazon, isn't it? Look, I'm not looking through 10000080.docx 7  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 rose colored glasses. Illinois has problems. I admit that. Our workers’ compensation costs are too high and they should come down. Our property taxes are high and they should come down. Every state has problems. But I will tell you this, there is no problem that we have in this state that cannot be solved with tough negotiation, good compromise and good cooperation. We can make it better. Now, I'm only one of 177 Legislators, but I am proud… I am proud to be an Illinoisan. I am proud to be an Illinois Legislator. And if I were pitching Amazon, it wouldn't just come down to money. This is what I'd say. Come to Illinois. Illinois has an intermodal transportation system: air, water, highways, rail that's second to none. Illinois has a university system, which although it's been weakened by two years of starvation diet, provides a deep source of talented and educated individuals. Most of all, Illinois has a workforce of willing, industrious and creative citizens. Folks who can build the buildings, folks who can lay the cables for the computers, folks who can write the code for the software, folks who can handle the billions of dollars of transactions that Amazon is going to engage in. So, I say to Amazon, come on down. Come to Illinois. Don't believe all the negative stuff you hear about Illinois. We are ready, willing and able to give you the best second headquarters of any business in the United States. Come to Illinois."

"Thank you, Representative. Page 2 of the Calendar, House Bills-Second Reading, House Bill 185. Mr. Sims. Mr. Clerk, please read the Bill." 10000080.docx 8  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"Mr. Sims."

"Thank… thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Floor Amendment #1 merely extends the… extends the time frame for the current ban… or the current… extends the sunset on the current law… under current law from January 1, 2018 to January 1, 2020, the law enforcement exemption to Illinois’s ban on recording private conversations using an eavesdropping device."

"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. Please read the Bill."

"Mr. Sims."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I… as I just outlined, House Bill… the House Floor… the Floor Amendment we just adopted merely extends the sunset date by two years on the law enforcement exemption on the ban on recording private conversations using an eavesdropping device. I answer any questions."

"Mr. Breen. Ladies and Gentlemen, can we hold down the noise in the chamber, please? Ladies and Gentlemen…"

Speaker Lang: "Not yet. Ladies and Gentlemen. Ladies and Gentlemen. Mr. Breen."

"Sponsor yields."

"Well, Representative Breen, I think you have to ask the ACLU."

"No, Sir."

"Could you… could you read the last part of the question? I couldn't hear you, Representative."

"So, the… the County State's Attorney has to determine there's probable cause. They move forward. And then for the… in order for the evidence that's obtained via the recording device to be admitted has to go to a judge for the judge to approve it." 10000080.docx 10  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"That's correct."

"Well, the state… well, they have to… have to determine there's probable cause. And then… then move forward with the… with the exemption, correct."

"Correct. The judge would have to then make sure that the… the evidence that's obtained via the… via the recording is admissible. So that before the… before the… before the evidence could be admitted the judge has to approve."

"Yeah. I think that… that would be up really to the state's attorney to make that determination."

"Well, between the… the law enforcement and the… and the offenders… the accused counsel. I mean, that would be up to them to make that determination."

"Released to whom?"

"Yeah. They have to file… they would have to file a report with the court to be able to do that."

"So, Representative, at the… annually the state's attorney has to file a report on how they've used that… how they use that… that data. And how they… how they've… what data they've collected. So, that happens on their annual basis with their… they have a reporting requirement where they will make sure that information is made available."

"That…"

"…that… that is an accurate list of proponents. And to be… I mean, to be… Yes, that's an accurate list of proponents."

"Well, I… I hope to have 118 Members of this chamber be proponents."

"That… if that's what they told your staff, that's… that's all I… I don't have your analysis, Representative."

"It's not on…"

"No. I say if that's… if that's… if that's the list that you have, Representative, that's the list that you have."

"I… like I said, Representative, I don't have what… what's in your analysis. So, I can't speak to that."

"Mr. Breen, could you bring your remarks to a close, Sir?"

"Representative, I answered the question. I said, I don't have your analysis. I told you what's in my… I told you what's in mine."

"I… I said… you said that the ACLU was… was listed as an opponent. I confirmed that it's in my analysis. I don't know what's in your analysis."

"Okay."

"Agreed."

"Representative Wheeler." Wheeler, B.: "Thank you, Mr. Speaker. I have a question for the Sponsor."

"Sponsor yields." Wheeler, B.: "Representative, was this the Bill we were just talking about in the last committee and you told me you were going to hold the Bill for a while?"

"Well, as we talked… we were talking about the Bill in committee that was before I… I understood and looked at the game plan for how we need to pass the Bill so we can move it over to the other chamber because we are under a time crunch. So, what… what I think… what we have…" Wheeler, B.: "So, just an hour ago…"

"…to do is, we're making sure that we get the Bill over to the other chamber because if we don't then we… we've run out of time." Wheeler, B.: "So, you're saying you've called an audible and you're going to run the Bill even though you just told me you were going to hold the Bill to get some of the questions answered?" 10000080.docx 14  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"Well, I never made that… I never made that… I never made that statement in committee…" Wheeler, B.: "To me."

"…yesterday." Wheeler, B.: "No, you did not. You did it… just to me about an hour ago."

"It was… it was a private conversation between you and I." Wheeler, B.: "Yes."

"And I…" Wheeler, B.: "And I took you for your word."

"…again, I made a judgment call." Wheeler, B.: "And I did talk to the ACLU this morning and they're vehemently against this Bill. And I had some questions for them because I don't think they were clearly answered yesterday in committee in regard to what the process is right now. The premise of this Bill and I understand it's an extension, but as it stands right now these exemptions start with law enforcement. So, essentially somebody from the sheriff's department can go to the state's attorney and say, I have probable cause that Barb Wheeler is selling drugs and we'll need to eavesdrop on her phone conversations. And there's no judge involved, correct? It's just basically law enforcement and the state's attorney. This exemption removes the Judicial Branch from the process of eavesdropping on a private conversation. Is that correct?"

"I'm… I'm sorry, could you repeat that last part of the question, Representative?" Wheeler, B.: "The premise of this Bill… I know your Bill extends this exemption, but basically the ACLU is concerned because 10000080.docx 15  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 what this… the premise of the Bill does is remove the Judicial Branch out of the decision for eavesdropping on private conversations. With what the… let's say the Sheriff's Department considers probable cause to the state's attorney, but there's no judge involved in the initial eavesdropping order. Is that correct?"

"No. It… as I… as I mentioned earlier, the… the judge is not involved in the initial… in the initial phases. However, in order for that… that information to be used, the judge has to sign off and approve that." Wheeler, B.: "Right. I understand that. So, actually the answer to my question is, yes. There's no judge involved in the initial order for eavesdropping unless from probable cause there becomes something that's actionable. How long can this process of eavesdropping on private conversations go on?"

"I think the operative word that you… the operative part of the statement you just made was that probable cause has to exist. So, as long as probable cause exists then the process can begin." Wheeler, B.: "Okay. So, let's say a sheriff's deputy goes to the state's attorney and say, I have probable cause to assume that Barb Wheeler is selling drugs. How long can they listen to my private conversations before a judgment is made? Is it two weeks? It is two hours? Is it two months? Is it two years?"

"There's… Representative, there's no specific timeline but…" Wheeler, B.: "No." 10000080.docx 16  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"…it would have to be within the confines of the probable cause hearing." Wheeler, B.: "Right."

"So, as long as there is… as long as there was… as long as probable cause exists, then that… they would have the ability to… to monitor that… to monitor the situation. But if… once probable cause no longer existed there would not be… that would not be the case." Wheeler, B.: "So, why do we need to remove the judge from the whole process? Why can't we say where there is probable cause, goes to a state's attorney, then a judge signs off? Why are we moving that Judicial Branch in this process if there’s…"

"I've been… I've been… I've been informed that it's… it's limited to 24 hours. So, it's not an indeterminate period of time. It's only 24 hours. So, I… let me clarify that. So, the time… time… the time limit is not indeterminate. It is a 24- hour period. It's limited to 24 hours." Wheeler, B.: "What happens if the information actually doesn't produce what it is that they were concerned about in the first place?"

"Then it's not used, Representative." Wheeler, B.: "What happens with the… with the information? So, it's not used. Is there any record in regard to the state's attorney putting an eavesdropping on private conversations?"

"Say that… say that question again?" Wheeler, B.: "Is there any record? If it's not used. Once they find out Barb Wheeler is not selling drugs, what do they do with that information? Is there any record that they actually requested to eavesdrop on my private conversations?" 10000080.docx 17  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"So, the… what happens is as I mentioned earlier, at the end of the year the state's attorneys will file a report on how they used the information. So, it… there's not a repository under… as my understanding, there's not some repository of information or data that's collected and then been kept against individuals who’ve been under surveillance." Wheeler, B.: "Is it public information?"

"Yeah, I believe that… I believe it is." Wheeler, B.: "Okay. Thank you. Thank you very much. Thank you for answering my questions."

"The Chair will begin to use the two minute timer on this Bill. Mr. Stewart is recognized for two minutes."

"Sponsor yields."

"That's correct."

"Representative Ammons for two minutes."

"Thank you, Mr. Speaker. The Sponsor yield?"

"Sponsor yields."

"Thank you. Mr. Chairman, I just wanted to clarify what I heard in debate. So, this Bill removes judicial approval of eavesdropping first and foremost?" 10000080.docx 18  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"No. It does not remove judicial involvement. The… under the current process, the state's attorney when they determine there's probable cause can allow for the… the eavesdropping to occur. So, it does not remove judicial involvement in the process. That's…"

"But it does… it doesn't require…"

"…that's not a fair and accurate description."

"It does not require approval of a judge signed off before they go and execute this action of eavesdropping on whomever they think they should be eavesdropping on?"

"In order for the information to be used, it requires judicial approval. So, before the judge… before the information can be used, a judge has… does have to sign off."

"So… Yeah, see, that's not what was just expressed here. It says that state's attorney and the police officials… the state's attorney can determine whether this is executed under the eavesdropping laws that you're extending."

"Once… once the… to execute the eavesdropping process, but in order to use the information that is obtained it has… it requires a judge to approve it."

"So, let me ask a different question. If… if I am a target of this kind of eavesdropping law, if I'm a target of that and there are others present in my same vicinity and that person who's not the target of the eavesdropping law may be caught or found doing something that might be considered illegal or prosecutable, can that information be used against another who may be in contact with a person you are eavesdropping on?" 10000080.docx 19  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"If the subject… if the subject… if there are other people who are involved or present when the subject has made their statements, if they're not the subject of the probable cause hearing it would not be used against them."

"Representative…"

"Is… is that…"

"…Ammons can you bring your remarks to a close?"

"Oh, thank… thank you, Mr. Chair. I just wanted to clarify that. I'm… I'm… this is a Bill of great concern for me because the scope is not clearly defined as to who can and cannot be in some way entrapped by this eavesdropping probable cause law. Thank you."

"Mr. Zalewski for two minutes."

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

"Sponsor yields."

"Representative, this is an extension of a sunset, correct?"

"Correct."

"So, in a previous permutation of this law we had agreed on the parameters of the way this type of consent would work. Am I correct?"

"That is correct, Representative."

"And to the Bill. I… I'm 98 percent assured this was my legislation. If it wasn't my legislation, it was a piece of legislation I worked on. And just to the Body's concerns about this Bill, this was a carefully crafted piece of legislation that took great pains to go above and beyond what was necessary to allow for this type of eavesdropping and in cases of very serious, forcible felonies and very serious instances 10000080.docx 20  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 of narcotics being delivered. So, the Bill is an extension of a carefully crafted Bill. It's not anything new that we haven't already done. I would… I would urge an 'aye' vote."

"Mr. Ford for two minutes."

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

"Sponsor yields."

"Thank you. Chairman Sims, I have a few questions. One… the first question, since the law has been effective, do we have an account of the type of cases the law has been used to eavesdrop on certain offenses? Do… do we know if they've led to convictions or?"

"The… it's my understanding, Representative, that the use of the… the use of the law has been targeted mainly at violent offenses. Violent offenses that or… and/or offenses that will lead to violence. There were… there were several instances that were recounted to me relative to the use of… the use of this law protect… making sure that they were undercover… in one instance in particular that where law enforcement was surveilling a suspect and the su… during the course of the investigation, the undercover officer was… it was… his cover was blown. And because they had the individual… the individual under surveillance they were able to go in and save not only the lives of the… the officer, but also the individuals who were… who were involved, who were the subjects of the surveillance."

"So, once the eavesdropping is granted for the law enforcement when does it drop off? I mean, does… does it follow the person that's the subject of eavesdropping forever?" 10000080.docx 21  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"Wait. And Representative Ford, I'm sorry. I couldn't… I couldn’t hear the question. I'm sorry."

"When… when will the eavesdropping… the ability to eavesdrop fall off of the individual that's being granted, you know, the privacy violation, I would call it?"

"Well, it would be… it would… if the information is then made part of the record, it will be… it will be moralized in writing as part of their record. But again, also the state's attorney has to sign off and to report how they are using the law yearly."

"So, instead… I'm sorry. I didn't ask the question properly. So, the… my question is, is it a case by case?"

"I'm sorry, Representative?"

"Is it case by case or will the eavesdropping ability just follow the individual forever? Or will it fall off of the individual at some point? Or will the police have infinite time to eavesdrop on the person that's perceived to be a criminal?"

"And Representative Ford, again, I understand… I appreciate… I appreciate that clarification. This… no, it's not… it's not an indefinite amount of time that the subject is under surveillance. It is limited to a 24-hour period. But again, this is not an indeterminate amount of time where the person who has probable cause established against them would always have… be under surveillance by law enforcement. That's not the case here."

"Okay."

"Mr. Ford, can you bring your remarks…"

"Thank you." 10000080.docx 22  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"…to a close?"

"Thank you."

"Thank you. Mr. Sims to close."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. As… as has been previously stated, this is… this is an extension of current law. This is a process that has… that law enforcement uses to ensure that they are making sure that… to ensure that the most violent offenses are… are being… are being attacked and being stopped. I appreciate the concerns raised and I have them as well. But I… it's… we are seeing that… this does not remove the judge from the process. The judge is still… in order for any information to be used and utilized, the judge still has to sign off. So, I… I appreciate the questions. And I'd ask for its favorable Roll Call."

"Those in favor of the Gentleman's Bill will vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Burke, Lilly, Turner. Mr. Clerk, please take the record. On this question, there are 97 voting ‘yes’, 12 voting ‘no’, 5 voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill… Excuse me. Representative Hernan… Returning to page 2 of the Calendar, House Bill 201, Mr. Sims. Mr. Clerk, please read the Bill."

"Mr. Sims on the Amendment." 10000080.docx 23  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"Thank… thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Floor Amendment #1 is a gut and replace Amendment that becomes the Bill. It does two… three things. It extends the Youth Unemployment Task Force by one year, from January 1, 2018 to January 1, 2019. It gives the task force until October 1 of 2018 to file a report. And it also requires that the Department of Human Services provide administrative support for the task force."

"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. Please read the Bill."

"Mr. Sims."

"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. The… the underlying Bill, as we talked about, focuses on the Youth Unemployment Task Force, which was created by an Act of the 99th General Assembly. The intent of the law was to examine the statewide youth unemployment crisis and its particular affect on young people, particularly young people of color. At this time there… no Members have been appointed, so we'd like to extend the task force or… the… the task force has not met, so we'd like to extend the task force to give the task force an opportunity to meet and address this very critical issue facing… affecting… affecting our state."

"Mr. Breen for two minutes."

"Sponsor yields."

"Well, Representative, that… I… I don't have it… I don't have a number on how much… how much it would cost. But that would be under the purview of the Department of Human Services who… the secretary or their designee would chair the task force. So, I don't… having the ability for the task force to meet to come with a report should the costs should be minimal."

"There will certainly not be tens of thousands or a dollar cost to… to this initiative. The… the resources will be right there for the… for the department to… to outline a workable task… or workable game plan for the task force. There is a report that's been done by the Great cities Institute out of the University of Illinois at Chicago. So, a lot of this research has already been done."

"What… what needs to happen from here is having a… having a game plan that addresses youth unemployment across the state."

"I think the fact that it deals with unemployment and unemployment issues means that the subject… the underlying subject matter would be germane. But of course, I don't sit on a court and I don't believe neither do you. So, I feel… I figure we'll let the court decide that issue if they… if they so choose."

"Mr. Sims to close."

"Thank you, Mr. Speaker. Again, we have over… nearly 200 thousand young people across this state, particularly young people of color, who are un… or underemployed. And I think it's far time… it's far past time for us to have a strategy to make sure that we are providing for opportunities for these young people. So, I ask for a favorable Roll Call."

"Those in favor of the Bill will vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please record yourselves. Jesiel. Please take the record. There are 116 voting ‘yes’, 0 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1023, Mr. Moylan. Out of the record. House Bill 1059, Mr. Davis. Please read the Bill." 10000080.docx 26  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"Mr. Davis."

"Thank you very much, Mr. Speaker. Floor Amendment #1 to House Bill 1059 represents cleanup language from House Bill 763 that was passed and ultimately signed into law by the Governor. It allows… 763 allowed for Maryville Academy to bring four more beds online to deal with very fragile, critically fragile young people. And what this Bill attempts to do is to give them an immediate effective date so that they can use those beds right away. Be more than happy to answer any questions."

"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. Please read the Bill."

"Mr. Davis."

"Thank you, Mr. Speaker. If there are any questions, I'll be more than happy to answer them. Otherwise, I ask for a favorable vote."

"Those in favor of the Bill will vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Martwick. Please take the record, Mr. Clerk. There are 116 voting ‘yes’, 0 10000080.docx 27  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1281, Representative Kelly Burke. Out of the record. Mr. Wehrli is recognized on a point of personal privilege."

"Welcome to all of you. Thank you for joining us in the House chamber today. Representative Jimenez is recognized."

"Please proceed."

Speaker Lang: "Welcome. Thanks for being here with us. We appreciate it. Representative Ammons is recognized."

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

"Proceed, please." 10000080.docx 28  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"I also want to welcome to the chamber, we have University of Illinois students: Jared, Andrea, Julie, Isra and Jessica, who all interned in my office. They're in the gallery right above me. I'd like them to stand and welcome them to the Illinois General Assembly House chambers."

Speaker Lang: "Thank you. Enjoy yourselves here today. We appreciate you being here. Mr. Unes."

"Proceed, Sir."

"Welcome. Thank you. Mr. Butler is recognized."

"Proceed, Sir."

"Welcome. We're glad you're here with us today. Thank you. Representative Hernandez on a point of personal privilege."

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

"Proceed."

"It's… well, Ladies and Gentlemen, Members of the Assembly, I would like to ask you if you could give a warm welcome to this young lady standing right next to me. Her name is Karina Espinosa. Karina works for the State of Illinois. Karina works for Do It. We're all familiar with the Do It Department, correct? She is a graduate public service intern and interesting, she is a DACA student. She is DACA. She came to this country when she was 11 years old, her mother brought her in at that age. She went to middle school in Chicago at an… and as well as high school. She was accepted to Illinois College in Jacksonville. And this is what I find very interesting too. She… she was granted a scholarship from Illinois College. Absolutely. She then received her DACA at the age of 19. And mind you, when she got this scholarship, she was not DACA yet. Because of her DACA, she had the opportunity to go abroad to Germany. And now, she's working on her master's degree. Incredible. This, Members, is the example of why this program is working. And I hope… later today I will be proposing a Resolution requesting, urging the President of the United States and the Attorney General of the United States, Sessions, to preserve the DACA program. And I hope you will join me in that. Thank you very much." 10000080.docx 30  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"Thank you, Representative. And welcome to the House chamber. House Bill 1464, Representative Cassidy. Mr. Clerk, please read the Bill."

"Representative Cassidy on the Amendment."

"Thank you, Mr. Speaker and Members of the House. The Amendment becomes the Bill. I'd like to adopt the Amendment and then debate it on Third. Is that appropriate?"

"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. Please read the Bill."

"Representative Cassidy."

"Thank you, Mr. Speaker. House Bill 1464 is actually a pretty simple commonsense measure. Most of us who are parents have shared the… our children's birth stories with them. I know my boys ask about their birth story every year on their birthday. And what we're trying to do with House Bill 1464 is limit the number of children whose birth stories begin with, first I had to call for the guard. What this will do is create a… an opportunity for a hearing to determine if it is absolutely necessary for a pregnant defendant to remain in jail pretrial. This is, keep in mind, pretrial. This is when… 10000080.docx 31  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 when a defendant is innocent until proven guilty. This is about granting some dignity, but also frankly some cost savings. The… you know, if you're not moved by the birth story then the idea that if it's not absolutely necessary for your county jail to absorb the cost of prenatal care and delivery for a defendant, that should be… that should be enough. Ultimately, this is not about creating greater risk. The factors to determine if someone should be held include whether there is a risk to… to the community, to the victim of the person's alleged crime. This is really about ensuring that we are only keeping folks who really need to be kept. And I ask for an 'aye' vote."

"Mr. Breen for two minutes."

"Sponsor yields."

"Exactly."

"It depend… I think different counties have different approaches to EM, but it's…"

"…it is much cheaper than in custody." 10000080.docx 32  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"Regardless, it's still cheaper."

"Exactly."

"No."

"No."

"I think it's a mighty fine Bill, actually."

"Not just pretty good."

"Thank you."

"Thank you."

"Representative Wheeler for two minutes." Wheeler, B.: "Very quickly, I'd like to… to the Bill. I'd like to stand in… in favor of this Bill. I think it's a great Bill. I also… the Representative had mentioned kind of creating that culture in which we need to respect the dignity of pregnant women and provide alternatives for… options for them when necessary. Thank you very much for bringing this Bill."

"Representative Flowers for two minutes." 10000080.docx 33  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"Thank you, Mr. Speaker. I, too, would like to commend you for bringing forth this legislation. It seemed like it was just only yesterday that we were having the debate about unshackling pregnant women because there was fear that they may run away during their labor. So, I want to commend you for bringing forth this legislation and please add me as a Sponsor. Thank you."

"Representative Cassidy to close."

"I ask for an 'aye' vote. There is no opposition to this Bill. And thank you for your support."

"Those in favor of the Bill will vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 106 voting ‘yes’, 8 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Page 3 of the Calendar, House Bills-Second Reading, House Bill 2394, Representative Hernandez. Representative Hernandez. Representative? Out of the record, Mr. Clerk. Page 4 of the Calendar, Senate Bills-Second Reading, Senate Bill 1381, Mr. Hoffman. Please read the Bill, Mr. Clerk."

"Mr. Hoffman."

"Thank you. Floor Amendment… Floor Amendment #2 is actually an agreed Bill regarding the unemployment insurance… Unemployment Insurance Act here in Illinois. It is agreed 10000080.docx 34  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 between the business and labor communities. And what it does, it just extends what is called a ‘speed bump’. In other words, a… an activity that would cause the parties to come back to the negotiating table. It extends that for two years. So, two years ago we came up with an agreement to make some changes to the Unemployment Insurance Act. They will then remain in effect and the ‘speed bump’, as they call it, which would have cost employer… employment taxes on employers to increase by 390 million and unemployment benefits to be decreased by 270 million shall… shall simply be extended for two more years."

"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. Please read the Bill."

"Mr. Hoffman."

"Yes. I explained it on Second Reading. And that explanation will suffice."

"Mr. Wheeler for two minutes." Wheeler, K.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"Sponsor yields." Wheeler, K.: "Thank you. Representative, we've had this in committee earlier and I just want to make sure it's clear for everyone involved. This was an agreed Bill process. I know that the sign up there says, telecom's IP-based services, this is about unemployment insurance. Following the same 10000080.docx 35  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 agreed Bill process we've used in the past, it's been very successful. It brings both parties, labor and management, together and gets something worked out that actually works well for the whole state. We've had successes before. I say this is, yeah, this is exactly the process we used. Is that correct?"

"Yes, it is." Wheeler, K.: "Thank you. With that, I just want to encourage an 'aye' vote. Thank you."

"Those in favor of the Bill will vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please take the record, Mr. Clerk. There are 115 voting ‘yes’, 0 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 1345, Mr. Martwick. Please read the Bill."

"Mr. Martwick on the Amendment."

"Thank you, Mr. Speaker. Floor Amendment 2 to House Bill… or Senate Bill 1345 closes a… corrects a drafting error in Tier 3 pension legislation that could be interpreted to permit new members to opt back into Tier 1. We wanted to make sure that we close that provision. That's what this Amendment does. I move for its adoption." 10000080.docx 36  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. Please read the Bill."

"Mr. Martwick."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, again, this Bill simply corrects a drafting error in the Tier 3 language that we passed with the budget. It closes a potential loophole that could allow new employees to opt into Tier 1. We do not want that. We want to make sure we have that closed off. That's what this Bill does. I ask for an 'aye' vote."

"Mr. Breen for two minutes."

"Sponsor yields."

"Well, there is… there is the potential for that to happen, yes. That is one of the potential readings of how that language could be interpreted."

"I… I would say that's an accurate assessment, yes."

"Thank you."

"Those in favor of the Bill will vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please take the record, Mr. Clerk. There are 116 voting ‘yes’, 0 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Page 4 of the Calendar, Senate Bill 1322, Representative Feigenholtz. Please read the Bill, Mr. Clerk."

"Third Reading. Please read the Bill."

"Representative Feigenholtz."

"Thank you, Mr. Speaker. This is a trailer Bill to the Nurse Practice Act and the APRN Bill that we passed. It's a request of the podiatrists. There's no opposition. I'm happy to answer any questions."

"There being no debate, those in favor of the Bill will vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 116 voting ‘yes’, 0 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby 10000080.docx 38  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 declared passed. Supplemental Calendar #1, House Bills-Second Reading, House Bill 4095, Mr. Harris. Please read the Bill."

"Third Reading. Please read the Bill. Out of the record. Senate Bill 863, Representative Chapa LaVia. Please read the Bill."

"Third Reading. Page 2 of the Calendar, House Bills- Second Reading, House Bill 1279, Representative Kelly Burke. Please read the Bill."

"Representative Burke." Burke, K.: "Thank you, Mr. Speaker. House Floor Amendment #1 is a technical change that allows Medicaid billing for physician assistants. It's a follow-up to a Bill we passed last spring. It just allows the physician assistants to bill Medicaid just by changing one word. And it was a request of the department so that that billing process would run smoothly." 10000080.docx 39  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Please read the Bill. Third Reading. Please read the Bill."

"Representative Burke." Burke, K.: "Thank you. I think my explanation of the Motion explained the Bill. I ask for an 'aye' vote. I know of no opposition."

"Mr. Breen for two minutes."

"Sponsor yields."

"Those in favor of the Bill will vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please take the record. There are 116 voting ‘yes’, 0 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1281, Representative Kelly Burke. Please read the Bill."

"Representative Burke." Burke, K.: "Thank you, Mr. Speaker. This Bill is simply a 10-year extension on the Licensure Act for the nursing home administrators. Just simply an extension."

"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. Please read the Bill."

"Representative Burke." Burke, K.: "This is an extension of the Nursing Home Administrators Licensure Act for 10 years. I ask for an 'aye' vote." 10000080.docx 41  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"Those in favor of the Bill will vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Feigenholtz. Please take the record. There are 116 voting ‘yes’, 0 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Ladies and Gentlemen, moving to page 6 of the Calendar, under the Order of Total Vetoes… the Order of Total Vetoes. The first Bill on this Order is House Bill 688, Mr. Zalewski. Please proceed on your Motion."

"Thank you, Mr. Speaker. I move to override the Governor's Veto on House Bill 688. This is a piece of legislation that we did in the spring related to allowing fire… firemen to transfer their credit to the Chicago Fund as long as they purchased their credit and as long as the unfunded liability was accounted for. I'd ask for an 'aye' vote."

"Mr. Breen."

"Sponsor yields. And you will have five minutes, Sir."

"That the fund is willing to accept that outcome and adjust accordingly. There's no impact according to them." 10000080.docx 42  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"Because… because we… as an Amendment, Peter, we said that the calculation had to be made by the actuaries, that that unfunded liability would be calculated as part of their purchase of their credit when they entered the system. So, that was an initiative… that was a request of the City of Chicago. We did it. And it ended up making, in our opinion, it made it… the systems satisfied with the request."

"Yeah. I… I… again, to the extent that happens and the undervaluing happens, that's incumbent upon the systems' actuaries to recalculate the amount of purchase credit that will be needed to purchase the credit to enter the Chicago system."

"Mr. Zalewski to close."

"I just would argue that when this chamber looks at pension reform the fact that we've now begun to make these systems account for unfunded liabilities when they do these transact… when they do these transfer of credits is in and of itself the type of reform we want to make sure that these systems begin a corrective path towards sustainability. You know, this isn't probably earth-shattering, but it's important that these are the types of things we can do within 10000080.docx 44  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 the current confines of the system to correct past problems. I would urge an 'aye' vote."

Speaker Lang: "Gentleman moves that House Bill 688 pass, notwithstanding the Veto of the Governor. This Bill requires 71 votes. Those in favor of the Gentleman's Motion will vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 86 voting ‘yes’, 29 voting ‘no’. And the Gentleman's Motion prevails. And House Bill 688 does pass, notwithstanding the Veto of the Governor. This Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 732, Mr. Burke." Burke, D.: "Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I move to override the Governor's Veto of House Bill 732. Ladies and Gentlemen, let me introduce you to the Fire Marshal of Springfield that's with us this afternoon, Chris Richmond. Chris, if you'd rise. Ladies and Gentlemen, this is the Fire Marshal of Springfield who has been working on this matter relentlessly. I'm bringing it to your attention again. We have previously considered the Governor's concern. If anyone would care to look at the Governor's Veto language, it does not articulate any particular reason that he would veto this legislation. Throughout the course of over 2 years, given the consideration that this matter has been given in… in committee, in floor debate, there has been no indication of opposition by any entity whatsoever in the State of Illinois. I have previously… previously said to you that every fire protection expert has supported this initiative to 10000080.docx 45  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 preclude the opportunity for people who are not trained in the use of certain devices to do roofing work. And that device in particular that causes so much concern is the roof torch and certain other flammable materials. We have instances where certain employers would probably charge an employee who might be the dishwasher to go up on a roof and use a torch that would put not only that property in jeopardy but certainly the lives of individuals who exist in that property. Ladies and Gentlemen, this is the right thing to do. The Governor has no reason to veto this matter, that this Body and the Senate have considered overwhelmingly a very comfortable majority on previous consideration. I would ask that you support me and every fire protection expert in the State of Illinois and this country in supporting the override of the Governor's Veto. Be happy to answer any questions."

"Mr. Breen for five minutes."

"Sponsor yields."

"Mr. Davidsmeyer for five minutes."

"Sponsor yields."

"Mr. Davidsmeyer, could you bring your remarks to a close, Sir?"

"Mr. Wheeler is going to give you five minutes."

"Mr. Batinick for five minutes."

"Sponsor yields."

"Mr. Phillips for five minutes."

"Sponsor yields." 10000080.docx 56  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"Mr. Burke to close." Burke, D.: "Thank you, Mr. Speaker. Again, Ladies and Gentlemen, this matter has been considered for these last two years. As I suggested in my opening remarks, there has been no opposition whatsoever from any business enterprise until this morning when Mr. Breen decided to announce that there was an opponent. I can only insist to you that this matter has been considered previously, has received overwhelming support. And I believe that if you would examine the Governor's Veto you would observe very quickly that there was no specific concern in general. It's a Veto, but not for a good reason. I would appeal to your good sense and certainly insist to you, if you think you know more than every fire protection expert in this country and this state, then you vote 'no'. I would ask and certainly rely on your experience to say the right thing to do would be to override the Governor's Veto. Please support the Governor's override on the Veto. Thank you."

Speaker Lang: "Mr. Burke moves that House Bill 732 pass, notwithstanding the Veto of the Governor. This Bill requires 71 votes. Those in favor of the Gentleman's Motion vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? 10000080.docx 58  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 Have all voted who wish? Have all voted who wish? Feigenholtz, Mayfield. Mr. Clerk, please take the record. On this question, there are 77 voting ‘yes’, 34 voting ‘no’. The Gentleman's Motion prevails. And House Bill 732 is declared passed, notwithstanding the Veto of the Governor. House Bill 1797, Mr. Davis. Please proceed, Sir."

"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. I move to override the Governor's Veto of House Bill 797… 1797. On Friday of this… of this past week, every Member of the House received a letter with a cover letter from me, but attached to it was a three page letter from Mr. Clayton Harris the Director of the Illinois International Port Authority. And I asked him to write that letter in response to the Governor's Veto message. What I recall of the message, the Governor speaks to, well, what is the path, what is the plan for the port? If you've not visited the port, we certainly would love to have you visit the port. But for those who have had the opportunity to visit, you can see that it is a true asset that we have in the continuum of moving goods and services from other countries into Illinois and through Illinois to other states, the United States. Its connection from the Great Lakes to the Mississippi River creates a fantastic pathway for… for agriculture products as well. The port itself is a job creator because again moving those goods and services when they come to the port, truck drivers and others will take advantage of the opportunity. Companies can thrive and then there are several businesses that are already at the port. So, while what we're asking here is kind of unorthodox in some respects and I can understand that. But 10000080.docx 59  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 considering that this debt has been on its books for so long, the port has continued to languish. And under new leadership, they took a proactive approach to say that in order for the port to move, to grow, to develop, unfortunately, we need to ask permission of the General Assembly to relieve this debt. If any of you were in committee and remember before you understand that the Capital Development Board, which I think was the initiator of these dollars, are neutral with this. The Illinois Chamber of Commerce is in support of it. I was recently told, in all fairness to all of you, that the Manufacturing Association may be opposed to this. And unfortunately, I've not talked to them so I don't know why. But when we talk about an opportunity to grow jobs and development here in the State of Illinois, here is a great opportunity for us to do so in a number of different ways. It currently does support some job opportunities, but forgiving this debt will give the Port Authority an opportunity to reinvest in itself with capital improvements so that it will have the opportunity to be self-sustaining and moving forward. Now, I'm not a business man in that respect, but unfortunately, this debt that exists on its books is preventing it from being able to grow and to move forward. So, we have asked permission of the General Assembly to do so. A Bill that passed out of the House with 65 'yes' votes, went over to the Senate passed with 36 'yes' votes and of course, the Governor vetoed it. But today I seek to override that Veto to give the port, which is a natural asset that we have here in the State of Illinois, an opportunity to grow, an opportunity to be the productive port that we desire it to 10000080.docx 60  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 be. So, I strongly ask that if you voted 'yes' for House Bill 1797 that you continue to stay with me and vote 'yes'. And hopefully, some of you after having read the letter that was provided by Mr. Harris, the executive director, in response to the Veto message you can see why moving forward to override this particular Veto is important. And… and allow the… a port to be, again, the natural asset that we want it to be here in the State of Illinois. With that, Mr. Speaker, I'd be more than happy to answer any questions."

"Mr. Breen for five minutes."

"Sponsor yields."

"So, let me just… if I can read a little bit from the letter in response again to that portion of it. What Mr. Harris wrote is that, the letter and I believe he's referring to the Governor's Veto message, further references the 2013 10000080.docx 61  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 Illinois Auditor General report, which has findings indicating reasons for limited profitability through financial and effective governance. What he further writes is that what this clause fails to take into account was that this audit was commissioned by the newest chairman of the board for that very stated reason. So, the new leadership wanted to make sure that they shed light on whatever the challenges were that the port had up until… up until this point. And that it also covers a period before the current chairman and executive director took office. And that ever since that audit, moves have been taken to address both the profitability and the Governor. So again, just like as the Governor's Veto message highlighted some things, this letter is in response to those things and speaks directly to the fact that they acknowledge the audit. But it's what about they're… what are they doing moving forward? The new board chair, the new executive director are working to try to rectify these kinds of things in order to move the port forward."

"Well, I think what… the way I would answer that is that, whatever the board, now mind you board is comprised of appointees from various higher elected officials. So, I would 10000080.docx 62  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 argue that if the Governor's making a recommendation to the board, I'm sure the board will take that recommendation under consideration among other recommendations to do what it can to make sure that the port is a viable entity. But that still doesn't change the need for what we're doing because again, as a fin… if a financier looks at that and says, well, what about this, that still may prevent even public-private partnerships from taking place. So, we're trying to create a clean slate here so that we can honestly look at all of those opportunities to make the port move forward."

"Based on the reason that the loan was given, under these current circumstances, you're absolutely correct."

"There are still seven people wishing to speak on this Bill. Mr. Harris for five minutes." Harris, D.: "Thank you, Mr. Speaker. Ladies and Gentlemen of the House, this… this legislation to forgive the… the loan has been around for years. And I've had a… any number of discussions with the Representative, the Sponsor of this Motion and the Sponsor of the Bill, on the… on the legislation. And I guess my basic question or my basic observation is this, a deal is a deal is a deal. We loaned them $20 million. And we loaned them $20 million and said, you got to pay it back. So, I mean, absent some overriding public policy issue, the loan should be paid back. The Governor makes a, in my mind, a good observation in his… in his Veto message that there is no clear plan by the Port Authority to get to profitability. So, if they don't have a clear plan to get to profitability, why are we forgiving the loan? And if they did have a plan to get to profitability, presumably any… any plan that they might have would include the fact that we have a $20 million debt on our books that we have to pay back to the State of Illinois and as we generate the profits, those… those… that loan can be repaid. So, I certainly understand the Gentleman's intensity on the issue, but I just… Representative, I don't understand the logic. I mean, we made the loan. It's supposed to be repaid. It hasn't be repaid. We… we keep trying and trying and trying. As we know, nothing ever dies in Springfield. But there's a basic logic of a deal is a deal is a deal and they're supposed to repay the loan. So… so, that's… that's my reason for the opposition. If they had a plan to say, hey, we have a plan to 10000080.docx 64  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 get to profitability, we have a plan that might include repaying the loan, I could for… I could for… forgo all or part of it. But absent some overwhelming public policy issue, with all respect to the… to the Sponsor of the legislation, I urge a 'no' vote on the… on the override. Thank you."

"Mr. Evans for five minutes."

"Quickly, to the Bill. Ladies and Gentlemen, we have given hundreds of millions of dollars to corporations in this Assembly to locate, to stay open. We've given tax credits. I mean, Sears, I mean, you name it. We've given it. And we have Amazon, who's considering coming to the State of Illinois and we're promising to back up the Brinks truck. But we have assets already here that need to be analyzed and discussed. We have an international port on the southeast side of Chicago near my district in my community with vast opportunities. The City of Chicago is looking to develop this property. We have a new Port Authority executive director that's energized and looking to… to market this international port to Indiana, to all of our neighboring partners, so we can now get some of that Indiana money for a change. And for $15 million, we're having a discussion. When, again, we've given away hundreds of millions of dollars. We're promising additional hundreds of millions of dollars for a maybe, but we have an asset here. So, I've supported this piece of legislation to forgive the intergovernmental $15 million loan, so we can move forward with the property and make it marketable. Ladies and Gentlemen, I've been watching this property be dormant since the ‘80s. Again, we… we're allowing a state-owned asset to be dormant that could potentially be bringing in hundreds of 10000080.docx 65  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 millions of dollars to our economy. So, we got the right energy. They have a plan once we remove some of these albatrosses and some of these distractions. This is that. So again, I urge your support, so we can move forward on this port and make this the greatest port in the nation. Thank you."

"Mr. Batinick for five minutes."

"Representative McDermed for five minutes."

"Sponsor yields."

"Yes."

"Absolutely."

"Mr. Andersson for five minutes."

"Sponsor yields."

"Well…"

"Correct."

"That is correct." 10000080.docx 68  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"Correct."

"Correct."

"Thank you."

"Mr. Thapedi for five minutes."

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

"Sponsor yields."

"Thank you. Representative Davis, would you just explain to the Body exactly what happens at the port especially considering that Illinois is a global player in the international trade market and there are only a couple different ways to get stuff out to our partner countries that are trading with us, that's either by air, only rail is going to go so far and then we have the sea. So, could you explain a little bit more about what we're doing at the Port Authority especially considering that the Governor just went over to Asia to try to attract foreign direct investment for Illinois. So, clearly this is something that we're moving in that direction and we're going to have to get our products across 10000080.docx 69  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 the world somehow, some way. So, if you could explain that, that'd be very helpful?"

"Well, thank you Representative. The… if you haven't visited, again, I encourage you to do so. The Port Authority is a true crossroads of America, in that, it intersects so many different ways for goods to come in and for those goods to exit and go in a number of other different directions: ship containers, rail, trucks, you name it. Everything intersects at the Port Authority and has the ability to then go in a bunch of different directions whether they be to other countries as a path… path through essentially the United States to say South America or what have you or coming in any other direction going to other parts of Europe and areas… areas like that. But the port is just that. There are so many opportunities for this port to grow and to continue to do just that. I mean, if we were to turn what was the old USX site into a very small airport, you know, there would an opportunity because of its connection to the port to have yet another way to move goods and services in or… in or out. But again, the port represents an opportunity for jobs. It represents an opportunity for economic growth and development. And to the extent in which the Representative indicated that the Governor has gone to Asia to attract more investment here, much of that investment is going to come by way of cargo ship. And to have the opportunity for the port to now reinvest to make sure that its dock walls and other infrastructure are sound and up to par so that when those container ships come we can indeed receive them. And they're not being diverted to possibly somewhere in Canada. And then 10000080.docx 70  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 to have those goods come from Canada into the United States. This is why or among the… are many reasons why we need to move forward with regard to this particular piece of legislation."

"So, would it be fair to say, Representative, that part of the reallocation, if you will, of this debt is the path to the transformational challenges and the transformational changes that the Governor wants to see. Is that accurate?"

"It certainly would be."

"So, essentially, the… the port is operating that they have this $15 million albatross, I think is what Representative Evans said, around its neck putting it into a very difficult position to actually grow and do better and make those changes that the Governor is asking for without having these financial burdens on them. Is that accurate?"

"Yes, it is."

"So, what will be the next step? So, let's… let's both… let's suppose hypothetically that this Bill were to pass and it… and it… and it does in fact become law and that $15 million allocation of financial debt is restructured otherwise. What would be the next step that the port would take?"

"Well, I think what you'll see the port do is I think, as many of you indicated in terms of creating that pathway forward, they've already started that conversation pending this piece of legislation. If nothing else, they'll be able to now go to the markets. One of the things that they want to do immediately is start capital improvements. And those organizations that would provide the resources for capital 10000080.docx 71  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 improvements are looking for the disposition of this piece of legislation so they can then give them the resources to continue to rebuild their infrastructure so they can now attract business and continue to grow."

"Thank you, Mr. Speaker. I urge an 'aye' vote."

"Mr. Wheeler for five minutes." Wheeler, K.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"Sponsor yields." Wheeler, K.: "Thank you, Representative. You and I talked about… last week about this Bill and I've been trying to do a little research here to follow up on it. I spoke this morning with Clayton Harris, the Executive Director of the Illinois International Port District, and I just asked him I said, in the simplest terms possible when I look at how we protect taxpayers, which I try to do every time we're on this floor together, I said, as a taxpayer am I taking money from or away from the taxpayer? He said, no. You're taking money from one pocket, effectively, that you owe the other pocket. There's no real liability here. Is that accurate?"

"Well, yes. And again… and I'll close when we get to that point on the Representative from Arlington Heights position or about the deal, if I can say it that way, but under these circumstances, you are absolutely correct." Wheeler, K.: "Okay. I appreciate that because to me this just makes sense. We're not hurting taxpayers. We're helping an area that could use the development. This is smart legislation. So, thank you. I… I actually… to the Bill… or to the Motion. I'd urge a 'yes' vote to override the Governor's Veto. Thank you." 10000080.docx 72  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"Mr. Davis to close."

"Thank you very much. So, the Representative from Arlington Heights talked about a deal being a deal being a deal. Well, the reality is that this deal that generated these resources to begin with was predicated on the growth and development that could come from increasing the cargo ship container traffic coming through the port. Well, through no fault of the port that never happened. So, to the extent in which the Gentleman talks about the deal, the port would have completed its part of the deal had the business come through the port the way it was indeed supposed to. So, with that being said, again, the port is in a position to be able to move forward and to grow in a way that I think the state will be pleased and happy with. The letter that the Executive Director provided talks about how there's been a lot of conversation in the past. So, the port is now under new leadership, new direction with a new Executive Director and a new board chairman. And the appointees for this board come from people that we all respect, like the Governor and like others. So, I would like to think that participation in what the pathway forward is will be influenced by the Governor through his appointees. So, he will be a part of helping to develop that path. So, what I would respectfully ask is that we override the Governor's Veto, eliminate this debt so that we can all be a part of what the pathway forward is for the Illinois International Port Authority. And that being said, I ask for a 'yes' vote on the Motion to override."

Speaker Lang: "Gentleman moves that House Bill 1797 pass, notwithstanding the Veto of the Governor. This requires 71 10000080.docx 73  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 votes. Those in favor of the Gentleman's Motion will vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please record yourselves. Please record yourselves. Mr. Clerk, please take the record. On this question, there are 79 voting ‘yes’, 36 voting ‘no’. The Gentleman's Motion prevails. And House Bill 1797 is declared law, notwithstanding the Veto of the Governor. House Bill 2462, Representative Moeller. Please proceed on your Motion."

"Thank you, Mr. Speaker. I move that House Bill 2462 do pass, notwithstanding the Veto of the Governor. The chamber may recall that this is the Bill that would prohibit employers from asking for prior wage information during the hiring process. This Bill passed in the spring with a substantial bipartisan Majority. And would ask my colleagues to join me in overriding the Governor's Veto this afternoon. Would be happy to take any questions."

"Mr. Breen for five minutes."

"Sponsor yields."

"Correct."

"That's correct, yes."

"Well, you referenced that we had a law on the books for several decades that prohibits employers from paying women less than men for equal work. Yet despite the existence of our State Law that prohibits that as long… along with our… a Federal Statute that prohibits that, women still on average make less than men for equal work. The statistic is about 80 percent for white women, for African-American women it's 63 percent and for Hispanic women it's 48 percent. So, clearly…"

"…the current statute is not fit… has not gone far enough to…"

"…ameliorate the problem."

"I've not seen that."

"I've not seen that statistic."

"Right."

"I don't entirely understand your question? The… the Section that you're referencing informs employers that if you are paying your male employees more than your female employees who are in the exact same job, you have to justify that disparity in pay based on legitimate business reasons. The ones that you noted, merit, education, years of service. Those are legitimate business reasons for paying a woman less than her male counterpart for the exact same work. If there is another reason that you're paying your female employees less than your male employees for the exact same work, you need to be able to justify that with a legitimate business purpose. That's what this Section does."

"Six speakers left. Mr. Andersson for five minutes."

"Representative McDermed for five minutes."

"Mr. Batinick for five minutes."

"Sponsor yields."

"We have… as a prior speaker mentioned, we've had other states that have passed this legislation recently. This is a relatively new approach to getting at the systemic problems associated with the wage gap. And one would assume when women, in particular, are starting out their careers making less than their male counterparts, if you're basing future wages on those prior wages that that gap and disparity will be extended into the future. The AAUW, the Women's Law Center… National Women's Law Center, a number of nationally recognized, reputable organizations have identified this approach as a mechanism to eliminate that gap."

"Representative Hammond for five minutes."

"Representative Ives for five minutes."

Speaker Lang: "Representative Moyler… Sorry. Representative Moeller to close."

"Thank you, Speaker. The… the question as to whether or not to ask for salary history has been by and large widely adopted. The… the prohibition of asking for prior wages has been agreed to by the Governor in his Veto message and amongst the business groups that we met with. They… they agreed that 10000080.docx 84  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 asking for prior wage information and ending that practice is not objectionable to them. So, some of the arguments I'm hearing from the opponents don’t square with what we heard from the business community. They agreed that that information is… should not be relevant to the hiring process and the wage offering process. Their concerns had more to do with the specifics of the Massachusetts Bill. As a prior Representative mentioned, we are not modeling our Bill on the Massachusetts Bill because we believe that there are loopholes in the Massachusetts Bill that would undermine the intent of what we're trying to do here in Illinois. And in fact, Illinois has a larger pay gap problem than Massachusetts does. It has a different regulatory environment than Massachusetts does. So, we've crafted a Bill that we believe is in the best interest of the State of Illinois. Crain’s Chicago Business endorses this legislation. And wrote an editorial just a few weeks ago urging the General Assembly to override the Governor's Veto of this Bill. One can argue that Crain's is in tune with the business community here in Illinois and understands the challenges that the business community faces and endorsed this Bill. There is a pay gap. Women are still paid less than men for equal work despite having 50 years of regulations on the books to prohibit that. If we don't do something to address closing that gap, according to the Institute for Women's Policy Research if these trends continue in the same fashion as they have for the last few decades, Illinois is not expected to close the gender wage gap until 2065. That's unacceptable. We need to address this problem today. We need to bring equity to our… 10000080.docx 85  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 our families, to our mothers, our daughters, our sisters, the women who work hard in this state to ensure that they're paid a fair wage, paid equitability to their male counterparts. And indeed, this Bill will help anybody who is seeking a job. Whether they've been in the workplace or out of the workplace or switching industries, this is a good Bill for all workers in Illinois. Thank you for your consideration. And again, I ask you for your override of the Governor's Veto."

"Representative Moeller moves that House Bill 2462 do pass, notwithstanding the Veto of the Governor. This Bill requires 71 votes. Those in favor of the Lady's Motion vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 80 voting ‘yes’, 33 voting ‘no’. And the Lady's Motion prevails. And House Bill 2462 is declared passed, notwithstanding the Veto of the Governor. House Bill 2622, Representative Fine."

"Thank you, Mr. Speaker. House Bill 2622 is an employer friendly Bill that gives employers a choice. This Bill would create a Not-for-Profit State Workers’ Comp Fund. Similar companies in other states, including our neighbors in Missouri and Kentucky, has successfully implemented these companies. And our legislation is modeled after these states. In all, 27 states have state workers’ comp funds or state charter workers’ comp insurance companies created through a public-private partnership. This gives our employers an additional choice when purchasing workers’ comp insurance, as the goal is to provide insurance and not to make a profit."

"Mr. Thapedi for five minutes." 10000080.docx 86  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

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

"Sponsor yields."

"Representative Fine, we've been hearing a lot from the Governor asking about reformation in the workers’ compensation system, right?"

"Absolutely."

"So, what does this Bill do to help reform the workers’ compensation system?"

"What we've seen happen in other states is the price that employers pay for workers’ compensation insurance, it goes down. In 2011, the General Assembly made a set of cuts to benefits an injured workers receive under the workers’ compensation laws. And these cuts were meant to lower workers’ comp costs for Illinois employers. However, the insurance industry has not passed along the savings to those employers who buy those premiums for… for those policies. In all, since 2012 the amount of money that insurance companies have made on premiums from workers’ comp has gone up 430 percent."

"So, would it be fair to say that one of the things that is wrong with the workers’ compensation system is… is that the price that different employers are paying for these insurance policies are somewhat elevated. Isn't that true?"

"Absolutely. Like I said before, since 2011 the National Council of Compensation on Insurance has recommended a total decrease of 36.5 percent in the amount of premium paid by employers. And the employers are not seeing any of those savings."

"Why are the employers not seeing those savings? Because if one of the major issues is… is that the insurance companies 10000080.docx 87  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 are charging a premium, if you will, on the amount of money that the businesses have to pay to have the insurance, if they need to operate a good business, why are they not… why are the businesses not seeing some of that relief?"

"We have no rate review in Illinois. So, the insurance companies can pretty much charge whatever they please. And we can't do anything to control that cost."

"And so, that's why you're bringing this Bill. Is that you're bringing a Bill that will allow the state to have some oversight and to have a separate insurance company, if you will, to give these businesses that desperately need that relief the opportunity to get relief under the workers’ compensation system that so many people are complaining about. Is that accurate?"

"This would be an alternative."

"Okay."

"So, we wouldn't be doing anything to change the companies that already sell workers’ comp insurance in the State of Illinois. But this would just give people another option of where to buy. And we see this work successfully right now in 27 other states. And most of those states are not blue states."

"Are any of those states in the Midwest?"

"Yes, quite a few of those states are in the Midwest. We have this taking place in Kentucky, Minnesota, Missouri, Idaho, which really isn't Midwest, but Ohio. You know, many states around the country. Like I said, it's in 27 other states." 10000080.docx 88  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"So… so, some of the states that you've just identified are some of the states that the workers’ compensation reform folks are saying we need to do our system like this state. We need to do our system like that state, so that we have more competitive environment for our businesses to come back to Illinois or to come to Illinois period, right?"

"Absolutely. And like I said, we've seen profits increase since 2012 by 430 percent in Illinois. In Missouri, it's been by half of that. And in Kentucky by 55.4 percent."

"Thank you very much, Representative, for this Bill. This is a path to looking to reform the workers’ compensation system that's claimed to be broken by many. This will move us in that direction. Thank you very much for the Bill. And I urge an 'aye' vote, Mr. Speaker."

"Thank you."

"Mr. Wheeler for five minutes." Wheeler, K.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"Lady yields." Wheeler, K.: "Representative, are you aware that we already have 300 and roughly 30 workers’ compensation insurance companies in Illinois right now?"

"Yes, we do. And they are all making quite a profit." Wheeler, K.: "And how much money are you intending to invest in this state-sponsored work comp insurance company?"

"This begins with a $10 million loan from the state that is to be paid back with interest over five years. And after that, the state is hands-off. And it's a not-for-profit company moving forward." 10000080.docx 89  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 Wheeler, K.: "So, in five years they've got to achieve a $10 million surplus in order to pay the state back?"

"Actually, what we've seen most other states in the Midwest is that loan is paid off within two years." Wheeler, K.: "And… that's fascinating. What's the current profit margin for a work comp insurance company in Illinois right now?"

"I'm sorry. Can you repeat the question?" Wheeler, K.: "The current profit margin of the median workers’ compensation insurance company in Illinois right now?"

"In 2015, it was 17.2 percent." Wheeler, K.: "So, a quick question for you about the… the makeup of the composition of the board. Who appoints the board of directors for this company?"

"I believe the Governor appoints the board of directors. And it's a seven-member board, appointed by the Governor, with Senate approval." Wheeler, K.: "And that will continue beyond the initial payback time?"

"Yes." Wheeler, K.: "So, it really is a government run company then, not hands-off?"

"Well, but we… no, it… except for appointing board members it is appointing people who are professionals in the insurance industry. And the state steps back and lets the professionals who know the industry run the company." Wheeler, K.: "Okay. So, the point is that you're going to say that the Governor's appointed board can find smarter officials to run this company than the ones that run the 303… 10000080.docx 90  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 330 in this state right now ‘cause they'll be on it more effectively, more efficiently. And then because there's no profit motive here…”

“Absolutely.”

"That's what we're seeing in 27 other states." Wheeler, K.: "No, that's not what you're seeing in 27 other states. What you're seeing in the 27 other states is a different marketplace because we drive up the costs of workers’ compensation by the rules we set here, in this Body, not in the other 27 other states."

"Well, according to the insurance experts, we have seen an increase in rates since we passed the legislation in 2011. However, the last numbers show us we should actually be seeing a 36.5 percent total decrease. So, what that tells me is we've got these companies running and they're making money off of the other businesses in our state. And we're giving these businesses another option by forming this not-for-profit group that is only going to focus on workers’ compensation insurance." Wheeler, K.: "Let's just assume for the moment that your idea would work, which I don't believe it will, but let's assume that it would. How much business could you absorb with a $10 million loan to that company to actually help… how much business can they write with that? In other words, how many customers could they take on?" 10000080.docx 91  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"So, Illinois requires insurance companies to have one dollar in reserves for every three dollars in premiums sold. And as a conservative estimate, if the company used $3 million in startup costs we'd be able to sell $21 million in premium." Wheeler, K.: "Twenty one million dollars in premium? So, you're saying that they're going to make back the $10 million dollars over five years, they'd have to have a pretty healthy profit margin in order to be able to do that. So, they wouldn't be competing that much directly against the other companies that already exist in the marketplace because they are already competing against everyone else, but they have to make a profit at the same time. So, does the company you're suggesting. For the first five years they have to make a profit in order to be able to pay back the state taxpayers of Illinois. The question is…"

"They're… they're not paying profits for shareholders though. Yes, they have to pay back their loan, but this company would really be owned by the companies that invest in it and purchased their workers’ comp insurance. So, these are the companies that would benefit in the end." Wheeler, K.: "So, you're saying that if I'm a premium payer to this company, I'm now actually buying in as a shareholder as well?"

"Yes." Wheeler, K.: "Okay. That's…"

"It's… it's a mutual relationship." Wheeler, K.: "Okay. I gotcha. I'm going to go to the Bill since I have 20 seconds left here. If this Bill was really so employer-friendly, everyone, then you’d see some employer 10000080.docx 92  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 groups actually stating that they're for the Bill, but none of them are, none of them are. And I'll make a point I made before. If the Representative and anybody else in this Body thinks there's a collusion problem because 330 competing companies are actually working together to raise prices, call the U.S. Attorney."

"Mr. Brady for five minutes."

"Sponsor yields."

"That's correct."

"Well, I'm… proceeding forward knowing that it has been so successful in 27 other states. And that many of those states, instead of paying it back in five years, has been able to pay it back in two years. And these are the models that we're following."

"No, it is not addressed, but we could address that with a trailer Bill."

"Representative Ives for five minutes."

"Mr. Davidsmeyer for five minutes."

"Sponsor yields."

"About 300."

"I… I don't know of the 300 how many actually sell."

"These are the numbers that we were given from the Department of Insurance. I can't tell you why their businesses decide that they don't want to sell this type of insurance. But these are the facts and figures that we are getting from the experts. These are not coming from me."

"I can tell you it's not helping employers on workers’ comp insurance."

"We are currently doing well in that we finally got a budget and we are funding our higher education, our schools and our human services, to say the least."

"No. I'm saying, it's about time we were able to work together and get that done."

"Mr. Wehrli for five minutes."

"Sponsor yields." 10000080.docx 96  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"That is correct."

"No, I’m not accusing them of collusion. What…"

"No. I'm not accusing… I’m not…"

"They're making a profit. And all this legislation does is give our employers another option. We hear it from employers all the time and I know you do as well, that their workers’ comp fund rates are out of hand."

"And this gives them an option."

"This is not the state. This is the state appointed experts to the board."

"Right now, you have to understand that of all the premium our employers pay every year in workers’ comp insurance, only 54 percent of that is being paid out." 10000080.docx 97  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"It was 75.3 percent…"

"That will be repaid. And actually, it's a loan."

"Coming from the insurance fund that all insurance companies…"

"…pay into, as will this insurance company."

"It is state money that will be paid back."

"Representative Fine to close."

"You know, I've been listening to the conversation and the debate. I've heard totally ridiculous in offering employers an option. I've heard that $10 million loan… what are we talking about giving to Amazon right now? What did we give to Sears that left? It was more than a $10 million loan that did 10000080.docx 98  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 not… to be repaid. In 2011, the General Assembly made a set of cuts to the benefits that injured workers receive under the Illinois Workers’ Compensation Law. These cuts were meant to lower workers’ comp costs for Illinois employers. However, the insurance industry has not passed along those savings to the Illinois employers who pay premiums to insurance companies. Since we last considered this Bill, just months ago, even more data has come out that supports the idea that something needs to be done to force the insurance industry to pass along those savings to Illinois employers. The National Council on Compensation Insurance recommends another 10.9 percent decrease in premium rates from 2018. Since 2011 and those benefit cuts, they've recommended a total decrease of 36.5 percent. We've seen an increase in profits going up tremendously. The percentage of premiums collected by the insurance companies that is actually used to pay our benefits was calculated at 54.6… 54 percent in 2016. For the second year in a row, the industry is using… using barely half of the money it charges Illinois employers to pay benefits to injured workers. Insurance company profits are up 400 percent since 2011. And because of these facts and figures that are not coming from me, but are coming from the National Association of Insurance Commissioners, we can see why. I ask for your 'yes' vote so we can help the employers in Illinois have another option and save money."

Speaker Lang: "Lady has moved that House Bill 2622 pass, notwithstanding the Veto of the Governor. This Motion requires 71 votes. Those in favor of the Lady's Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted 10000080.docx 99  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 who wish? Have all voted who wish? Have all voted who wish? Mr. Connor. Mr. Clerk, please take the record. On this question, there are 65 voting 'yes', 50 voting 'no', 1 voting 'present'. And the Lady's Motion fails. Page 7 of the Calendar, Senate Bill 1905, Mr. Moylan."

"Thank you, Mr. Speaker and Members of the General Assembly. Today I am urging my colleagues to join with me in standing up for the middle-class family. We can send a clear and loud message that Illinois still cares about the proud, hardworking men and women of our state and believes in the rights or workers to stand together and negotiate as a group for fair wages and safe workplaces. By overriding Governor Rauner's Veto of Senate Bill 1905, we can protect the wages and safety of workers across the state. I respectfully request a 'yes' vote."

"Gentleman moves that the House override the Governor's Veto. Mr. Breen is recognized for five minutes."

"Sponsor yields."

"Could you please repeat that question… the question?"

"Yeah. I plan on filing a trailer Bill to eliminate the penalty."

"Yes, the penalty."

"Correct."

"Well, I plan on… I plan on overriding the Bill and then filing the trailer Bill."

"As a compromise."

"I plan on filing a trailer Bill to eliminate the penalty."

"No, I disagree."

"In the town that you live in, you have policemen and firemen and do you respect the work they do?"

"I believe that our public employees have the right to collective bargaining… bargain. And this is…"

"No, that is my answer."

"Mr. Morrison for five minutes."

"Sponsor yields."

"Yeah. Well, I'm going to read a better statement."

"Workers in right-to-work states earn less than those in states that preserve collective bargaining rights. Workers in right-to-work states receive fewer employer benefits than states that protect collective bargaining rights. Workers are less safe in right-to-work states compared to the states that protect collective bargaining rights. The frequency of workplace injuries include fatal injuries is significantly higher in areas that restrict working collective bargaining rights. But let me also mention in states of Wisconsin and Minnesota, the young college students that graduate college you know where they're coming? They're coming to Chicago and Illinois. You know why? ‘Cause they can't make a decent living there. We have to do everything we can to preserve the middle- class and so they can earn a… a decent salary and that will also help us thrive in the State of Illinois."

"Okay."

"Mr. Skillicorn for five minutes."

"Sponsor yields."

"No."

"We want to make sure that our status doesn't change."

"Mr. Wehrli for five minutes."

"Your request is acknowledged. Mr. Phillips for five minutes."

"Mr. Hoffman for five minutes."

"Yes, Mr. Speaker, would the Sponsor yield?"

"Sponsor yields."

"Yes, prior to discussing your legislation, Representative Moylan, there's been some discussion regarding the whole issue of enforcement of this Bill and the fact that there is some criminal enforcement of a misdemeanor, if it is violated. What's your intention with regard to removal of that provision?"

"In the art of compromise, I plan on filing a trailer Bill to eliminate the penalty, which I stated right away in the opening of my dissertation."

"So… and it was a brilliant dissertation. It was…"

"Thank you."

"…absolutely brilliant. But let me just… let me just point out then to the individuals who raised it on the other side of the aisle, the concern regarding a criminal offense being part of enforcement, that it's going to be removed. However, this Bill is… is on a Veto Override Motion we can't amend it now. So, the… the Representative has indicated and given his word, and I know his word is good, and I think everybody believes that, that's he's going to follow up if this is overridden. If it is overridden in the Senate and becomes law, he's going to remove that misdemeanor provisions 10000080.docx 108  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 in the Bill. Now, let me just talk to the Bill for a second. We can talk all we want about whether you're for right-to- work or not. I'm not; I'm not. I can clearly tell you from experience and looking what right-to-work has done in states that wages go down, safety goes down, the ability to have health care for workers goes away or goes down. The ability to have a pension after you retire is decreased. There's no doubt about it. There's not one study that says workers are better off in right-to-work states. Not one. Not one. I tell you, there are workers in this nation who have died for their right to organize. They've band together to organize, so that they and their families can have a better… better life. That's what the right to organize is. But this is even worse. The idea that we'd have these local empowerment zones. The Governor's idea is even worse than just a blanket right-to- work. Because we would have a patchwork of right-to-work jurisdictions throughout Illinois. You could be building a road in one city that's a right-to-work city and the road goes into the county that isn't a right-to-work county. And all of the sudden I guess the… the nonunion person gets off the job and the union person comes to work as you build the road. It makes no sense. We shouldn't even be talking about this, but the Governor over and over and over again keeps beating his fists on the desk saying he's demanding that he have right-to-work, in some form, in Illinois. So, he came up with this silly concept of empowerment zones and a patchwork of right-to-work jurisdictions. Makes absolutely no sense. Let's talk about the three Governors that were mentioned that are in this commercial: the Governor of Missouri, the Governor 10000080.docx 109  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 of Wisconsin, the Governor of Indiana. All right-to-work states, you're right. And workers in those states make less. They have a higher injury rate at work. They have less health care. And their families suffer as a result of it. But why are they really doing these commercials? Because they really care about Illinois? Or could it be… might it be or am I so cynical that the Governor gave them $100,000 in campaign contributions when they ran? Could it be that? Could it be that? Shocked and appalled. Shocked and appalled. They do it because in their hearts they care about Illinois and want to make Illinois competitive. Bull. Let me just say this. The Gentleman has given his word. He has said he will follow up with a trailer Bill to address your concerns. It's time that we put this issue behind us. It's time that the Governor stop holding the budget hostage for these types of empowerment zones and right-to-work in Illinois. And taking away the rights of workers in Illinois. And it's time that we continue the business of governing. I ask… I ask for an 'aye' vote."

"Mr. Walsh for five minutes."

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

"Sponsor yields."

"Representative, in the U.S. Constitution there's the First Amendment has a Right to Assembly. Is that… would you say I'm correct in that?"

"Correct."

"And in that Right to Assembly it gives people the right to band together, to work on a common cause or work for a certain benefit. And isn't that what unionized labor does?"

"Yes. It's called collective bargaining." 10000080.docx 110  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"That's one of the aspects that they use it for. I'm very familiar with that. So, let me just… in… in this attempt to go right-to-work in Illinois or within a certain municipality, basically what we're doing is saying somebody can come to work and work that job, but doesn't have to pay the… the costs associated with that collective bargaining agreement. Is that correct?"

"Correct."

"So, let's just say Joe Smith wants to move into a condo association. And… and in a condo association or a townhome association you have to pay fees in that, correct? If there's a… if there's an association there."

"That all depends. I can't answer that."

"Well, I… if there's a neighborhood association or whatever you want to be in it, you have to be in it to live there you have to pay that fee?"

"Could be."

"It's the same thing in a job. If you go to Caterpillar and you want to get that job that pays 28, 30 dollars an hour, if you want to go to Nabisco bakery or if you want to work at the CTA, you basically are going into an organized union shop where the vote… where the members… the employees there grouped together, voted on making that place unionized. And they have to pay the dues or equivalent fees, correct?"

"Correct."

"When you take that right away or you take that ability for that cost to be paid, who suffers?"

"Middle-class families suffer when you make less. Remember… remember, we want to stop right for… right for less 10000080.docx 111  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 Bills. This is a Bill that ensures that the middle-class families and… and public employees have the right to bargain collectively."

"So, that… basically, what we're trying to do is keep the employees able to work together to negotiate with their companies for a betterment of wages and… and working conditions?"

"Correct."

"So, these right-to-work laws that go around all these states and now have infiltrated into Illinois and even into our local governments, would you say their attempt is to weaken that bargaining power of employees with their employers?"

"Well, their… their plan is to weaken the middle class and right-to-work for… right-to-work for less. And that's why my Bill stops that."

"All right."

"And gives you them… the employees the right-to-work collectively. And bargain collectively."

"All right. To… to the Motion. You know, I've… I've stood up here before and talked about this. You know, this attempt… this… this is just a blatant attempt to weaken worker rights. It's to weaken the rights of everyday people that go to their jobs, whether they're union or nonunion. Right now… right now in Illinois the union can put in a union security clause, does not force that person to join the union. They don't have to. But what they do have to do is pay for the cost of the benefits that they receive from that union contract. And that's only fair. That is only fair. I've got people that 10000080.docx 112  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 work within my union, many of them live in Indiana. Why are they coming over here? ‘Cause they can make 43, 46 dollars an hour versus 25 in Indiana. That's what they're doing. Because we have strong collective bargaining rights. That's what we stand on here in Illinois. That's why I'm proud to be an Illinoisan. And that's why I'm proud to stand up against this attempt to work… to weaken working families and their issues. As a former colleague from Madison County was stating, the only thing you do with right-to-work laws is weaken their economic stability, you weaken their health benefit packages and their benefits, their pensions, their 401(k)s and their bargaining power within their voice in the workplace. That's all this Bill's going to do, if it's put into place. That's why I'm standing here today recommending to each and every one of you, my side of the aisle, your side of the aisle, we need to stand up for working families here in Illinois. We need to stand up for them. We've had this discussion four or five times over the last two and a half years. Let's show, not only the Governor, but our constituents that we stand up for them. Vote 'yes'."

"Representative Willis for five minutes."

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

"Sponsor yields."

"Mr. Moylan, can you give me a little bit of background? When we're looking at unions and certainly when we're looking at collective bargaining wages are part of what they are discussing, but what else is discussed during that that would make it beneficial to be a union member?" 10000080.docx 113  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"Well, there are pensions, safety rights on jobs, anything that they can bargain collectively. As I mentioned earlier, that states that right… have right-to-work for less do not have the same degree of… of… of rights that we have. And it's a proven fact. That's why I mentioned that when students in our surrounding towns are graduating college, they're looking to Chicago and Illinois for jobs because they know we have… they have better opportunities here."

"That… and as you know, much of my background comes from my husband's association with the Associated Fire Fighters of Illinois. And they were established over 100 years ago and their establishment was put in not necessarily for wage benefits, but for safety benefits. And it is because of the hard work of that union that we have less and less fire fighter deaths every year because of the safety standards they put in. One of the most important was the two in, two out, making sure that we had adequate protection as these gentlemen and women now worked in the fire field. You are a member of the electricians union, what safety measures was your union benefitted to the member throughout there?"

"We have OSHA… we send our members to OSHA classes. You… there's certain, different classifications. We also implemented drug testing for all our employees. These are some of the securities and some of the safety measures that being under a collective bargaining agreement provides their employees. One other thing I just want to mention while I thought of it, 8 of the 22 GOP Senators voted for this Bill. They obviously realized how important it is to them and their… their residents in their districts. Myself, I was a 46-year 10000080.docx 114  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 member of the IBEW. It provided me and my family a decent wage and as part of the middle class. And that's what we're protecting. Some of the Members mentioned about how we're trying to protect jobs. Illinois isn't losing jobs because of our climate. Most of our factory jobs are being lost because of automation. We're still protecting and we're still making and creating jobs. That's why we have… have approximately 1 to 40 cranes in downtown Chicago, providing many, many jobs. It's not just the construction workers that work on those jobs, it's the places that they do to eat. It's the places that they… that they park, that they drive. It's all part of a working middle class that makes our… our state a great state."

"Thank you, Mr. Moylan. To the Bill. One of the most important things for us to realize is right-to-work means right-to-work under the right circumstances… wrong circumstances, actually, which is what it is. So, I always say right-to-work is wrong for the State of Illinois. But unions make sure that you're working under the right conditions. You are working in an atmosphere that is safe. That you can make a living wage on. That you can go home and have health insurance coverage. That you can make sure that your family is taken care of. If, God forbid, that you are injured on the job, they have… they will fight for your rights when it comes to workmen's comp claims, making sure that those things that might have been wrong by your employer are now corrected, so that others will not have the same thing. That is the important thing that we have to thank our unions for. Without our unions, you'd be working 70; 80-hour weeks and 10000080.docx 115  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 coming home and… and not being able to actually enjoy your time at your home. You probably wouldn't even own your home, if you go back to why we had to make sure that we had that. Employers do not all do what's right for the employees. We need to have oversight. That is why the unions are there to fight for your rights as an employee, to make sure that you are working under safe conditions. Making sure at the end of the day you come home with a paycheck that is a living paycheck. Making sure that when you retire, you can retire and not have to reduce your standard of living that you can afford to stay in your home. These are all the benefits of our men and women that are in the unions. We owe it to them to make sure that we protect those rights. And that is why I urge this Body to vote 'yes' on this Bill. It is time to get rid of this request for right-to-work in the State of Illinois. I will repeat again, right-to-work for the State of Illinois is wrong. Thank you."

"Mr. Batinick for five minutes."

"Sponsor yields."

"Correct."

"Well, I plan on as soon as the debate is over, if not immediately, but by the end of the day, putting the language together to file a trailer Bill to correct the issue that was discussed by numerous Members on your side of the aisle to reasonably quell their fears."

"No, it doesn't. The immediate effective date is when the Governor signs it."

"I know, I mean…"

"No. It would not immediately become law because the Governor hasn't signed it. So, in that period… it’ll come… I mean, I plan to file this as soon as I can. I should say that."

"No."

"Not that I know of.”

“It could."

"No."

"And I don’t intend to be either."

"Okay."

"Okay."

"Correct."

"Yeah."

"Right. Well, I'm going to get you an answer. I think I will have an answer. And I want to make sure that I try and quell your fears."

"Mr. Mitchell for five minutes." Mitchell, C.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"Sponsor yields." Mitchell, C.: "So, I'll just start my questions, Marty, by just thanking the Gentleman from Naperville for his help in 10000080.docx 118  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 prolonging this debate. But a couple of questions for you, Mr. Moylan. So, first of all, I know that you're a very proud union member yourself. Could you describe to this Body why this Bill is so important to you and what being in union has done for you and your family?"

"Well, this… this Bill is… it's important to myself and my family… my family members, but it's also important to every person that works under a collective bargaining agreement. For some reason, they think that this is maybe talking about construction workers. This affects your policemen, your firemen, the people that cut your grass. A whole vast array of workers that are covered under collective bargaining agreements. Your people that work in factories in the districts. So, he wants a right-to-work zones, but generally people don't understand what a right-to-work zone is. You could have certain people from Naperville working different wages from certain people… from people from a different suburb because they have a different right-to-work zones. And people, we've fought for these rights for hundreds… over a hundred years. We've been on the picket lines to give people a decent wage. Pensions, annuities, safety regulations, that's all included. That's why we collective bargain… bargain. We had… when we collective… when we bargain collectively we reach agreements with your employers. We reach agreements with people in the community. This is all about keeping the middle class making a decent wage." Mitchell, C.: "I… I appreciate that answer, Representative. The Gentleman from Lombard at the beginning of this debate also said that there were these Governors, he saw a…" 10000080.docx 119  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"Right." Mitchell, C.: "…piece of media yesterday where these Governors had come out and said, hey, thanks for the jobs to the Speaker of this chamber. Is… is it true or is it not true that Bruce Rauner also gave $100 thousand to each of those Governors?"

"Yes, that's true." Mitchell, C.: "So, while I would think that Scott Walker would be too busy not being President to be weighing in on Illinois politics, it appears that he might have had an ulterior motivation. Is it true, Representative, that the median wages in Illinois are higher in… or I'm sorry, are higher in Illinois than they are in Wisconsin or Indiana or Michigan?”

“That's correct. And that's why workers come to Illinois to work. As I mentioned, this would be the third time, that college students in Wisconsin and Minnesota are coming to Illinois to find good paying jobs. Wisconsin and Minnesota are trying to do programs to keep their graduates in their states, but because in Wisconsin they have right-to-work issues, it's not being effective." Mitchell, C.: "Thank you, Representative. I'm going to… I'm going to go to the Bill. Look, there are some good things I'm sure about Indiana and… and Wisconsin and some of our surrounding states. In fact, I know there are. We had auto plants sort of get their great start in Detroit in a lot of ways and that's incredibly important. But we don't want to have a race to the bottom. There are ways in which I don't want to be Indiana, I don’t want to be Michigan, I don't want to be Wisconsin. I like the fact that wages in Illinois are $10 thousand higher than they are in Indiana. I think that's a very good thing. 10000080.docx 120  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 I think we want working people to have 10 thousand extra dollars in their pocket. I believe that unions are in fact the reason why for example I, as an African-American, am able to stand here. My grandfather was a union steel worker. He worked at Reynolds Metal Company right off the Stevenson Expressway. In being able to do that, he got the job that allowed him to put all of his kids into college. That allowed me to be standing here having a mother who had a… who has a BSN in nursing. Union jobs are what made that all possible. I will… I will leave this chamber and folks who are perhaps on the fence with the words of Martin Luther King who spoke about this in one of this last speeches. Who said, in our glorious fight for civil rights we must guard against being fooled by false slogans such as right-to-work. It is a law to rob of us of our civil rights and of our job rights. Its purpose is to destroy labor unions and the freedom of collective bargaining by which unions have improved wages and working conditions for everyone. Wherever these laws have been passed, wages are lower, job opportunities are fewer and there are no civil rights. We do not intend to let them do this to us. We demand that this fraud be stopped. Our weapon is our vote. Now, in this chamber today we have a chance to use our vote as a weapon to advance the lives and working conditions of our constituents. To say that as Representative Willis said, right-to-work is wrong for the State of Illinois. I ask that you all would join me in sending… sending that message by voting 'yes' to override the Governor's Veto. Thank you, Mr. Speaker."

"Mr. Halpin for five minutes." 10000080.docx 121  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

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

"Sponsor yields."

"Representative, you had answered this earlier, but is it correct that Illinois is not currently a right-to-work state? Is that right?"

"Correct."

"But at least one community here in the State of Illinois has taken it upon themselves to try to pass a so called right- to-work zone, is that right?"

"Correct."

"And that's currently being… being debated through the courts, am I right?"

"Yes."

"And is it your belief that anti-union activists will continue to try to encourage communities to take actions like this in the future?"

"Correct."

"So, by this… bringing this Bill, am I correct that it is your intent to prevent any kind of confusion on this issue and to make it clear that the… the status of any right-to- work legislation is going to be statewide as opposed to this patchwork of laws that could result?"

"Correct. I aim to prevent right-to-work for less."

"I guess my next question would be, you have some personal experience with this, how have… how have you addressed this particular Bill to resolve those concerns about the middle class that you mentioned earlier?"

"There were some concerns in this Bill about some penalties and I addressed that. This Bill's effective date 10000080.docx 122  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 isn't to… does not have an effective date. So, it wouldn't be effective until June. So, I have plenty of time to file the proper trailer Bill to address those concerns."

"And you are committed to… to removing that provision, correct?"

"Correct."

"And so, I… you know, I haven't heard much objection beyond the issue of this… this misdemeanor penalty, have you?"

"No. I have addressed… talking with people from both sides of the aisle. I have worked with Members of both Parties to address their concerns in this Bill."

"And obviously to start over from scratch would seriously delay any efforts to… to try to establish this uniform rule for the entire State of Illinois?"

"That's correct."

"I'd go to the… to the Motion, Mr. Speaker. I think the Representative has acted in particularly good faith to try to address what I think are legitimate concerns. I don't think that a public official should be, you know, criminally held responsible if… if they conduct an act such as this. But I do think that our local governments have to know that a policy like this should be determined statewide. We can't have construction projects, road projects that are going to… to span over different… different communities where one has said we get to have free riders that don't want to pay their fair share for the benefits of getting these contracts in the first place. And then when they cross that jurisdictional line, all of the sudden the… you know, they need to participate. This is… this is the wrong direction. We don't need a patchwork 10000080.docx 123  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 of… of laws here in the State of Illinois. As many Members of the opposite… of the other side of the aisle have mentioned, we can have the debate over whether or not Illinois is going to be a right-to-work state. I don't think it should. I don't think it will. But this is a way to make sure that the laws of the State of Illinois are uniform throughout the state so we don’t have continued litigation. So we don't have continued confusion over what the… the responsibilities are of our local governments. This is a… a good Bill. It can easily be fixed. I believe the Representative has committed to… to fixing it. And I know of no objection. I've asked around… I hear of no objection that we're actually going to get this fixed. And so, I would encourage everyone to… to… to vote to override the Governor's Veto and let's get this settled once and for all."

"Representative Ives for five minutes."

"Mr. Moylan to close."

"Thank you, Ladies and Gentlemen. I believe in working together. I have made some changes to my Bill. And I just want to address one thing. Research shows that right-to-work laws have no impact on job growth. Let's not make Illinois a right-to-work state… a right-to-work for less state. And I respectfully ask for an 'aye' vote."

"Mr. Moylan moves that Senate Bill 1905 pass, notwithstanding the Total Veto of the Governor. This requires 71 votes. And a reminder that Mr. Wehrli has asked for a verification. Members will be in their seats and vote their own switches. Those in favor of the Gentleman's Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please record yourselves, Members. Mr. Clerk, please take the record. On this question, there are 70 voting 'yes', 42 voting 'no', 1 voting 'present'. And the Motion fails. Mr. Turner in the Chair."

Speaker Turner: "House Bill 2778, Representative Willis. Representative Willis moves that the House… that House Bill 2778 do pass, non-withstanding the Veto of the Governor. Representative Willis is recognized." 10000080.docx 127  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"Thank you, Mr. Speaker. This Bill is a Bill that basically says that nobody gets a free ride in fire protection. We had passed a law a number of years ago that established the 9-1-1 board. And the 9-1-1 board is required to make sure that every part of the State of Illinois is covered by fire protection. That's a good thing. We're proud of our fire protection throughout the state. Unfortunately, what happened in this… there's a small loophole in it that there are sections of the state, most of it downstate, there's actually five different counties that this would affect. It’d be in Madison Fire Protection District, Bond, Lee Counties and Fox Lake Fire Protection District. That there are small parts that are not actually annexed into those fire protection districts. They are required by the 9-1-1 board to provide the fire protection coverage, but they are not given the opportunity to get the tax or the money that would come from an annexation. This requires them to be able to annex those properties after a hearing and a vote and therefore officially be paid for the fire protection that these districts are covering these few small, I would call them no… no man's land. We are proud of the fire protection throughout the State of Illinois, but it does come at a cost. There is a cost to maintaining equipment and there is a cost to maintaining of the adequate training of the personnel that do it, whether they be a volunteer fire department or a full-time paid fire department. Therefore, I strongly urge a 'yes' vote on this override. I'll be willing to take any questions. Thank you."

"Representative Breen is recognized."

"The Sponsor indicates that she will yield."

"It's voted on by those in the hearing as to whether they are going to annex those properties or not."

"Yes."

"No."

"They have a right to put in a request… a reason why they would not want to be annexed to there. What the… basically what it would be is they could also appeal. If they wanted to say, no, I’d rather have fire protection and pay for fire protection and annex to a different fire protection district, they could do that."

"No. It's not. It's part of the hearing process."

"Representative Willis to close."

"Thank you. One of the things that I'd like to point out is that this is actually taking care of a loophole that was set up when we put in the 9-1-1 board that allowed these no man lands to be assigned to a fire protection district… districts for coverage. And one of the things also as to the cost of the average person's property tax for fire protection in these areas is approximately $65 a year. That's pretty good price for that protection that you need. We need to make sure that if we are going to require the fire coverage we 10000080.docx 130  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 have a way to make sure that those districts that are required to bring this fire protection coverage to the area are compensated adequately for it and not wait until we have a tragedy and have a fire occur. We always want our men and women in the fire service to be prepared, trained and ready. I urge an 'aye' vote on this override. Thank you."

"The question is, 'Shall House Bill 2778 pass, the Veto of the Governor non-withstanding?' The Motion requires 71 votes. This is final action. All those in favor signify by voting 'yes'; opposed by voting 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. With 86 votes… voting 'yes, 29 voting 'no', 0 voting 'present', this Motion, having received the Supermajority vote, House Bill 2778 is hereby declared passed notwithstanding the Veto of the Governor. House Bill 2977, Representative Welch."

"Thank you, Mr. Speaker. I move that House Bill 2977 do pass, notwithstanding the Veto of the Governor. This Bill would bring cursive writing back to all of our elementary schools in the State of Illinois. In his Veto Message, Governor Rauner alleges that cursive writing does nothing for the health and safety of our children. I disagree with the Governor on so many things. And I could not disagree with the Governor more on his Veto Message on this Bill. The research on this Bill is clear. From a health perspective, cursive writing leads to cognitive brain development, higher self- esteem, and academic success in younger people. It also keeps our brain active as we age. It has been known to help those 10000080.docx 131  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 with special needs, like dyslexia. From a safety perspective, we know that cursive writing helps a person create a unique signature which goes a long way to helping protect a person's identity just like that person's fingerprint. We also know that if a person can write cursive, they can read it. They can read historical documents like our U.S. Constitution, our Declaration of Independence. And they can read that handwritten note from grandma. I ask for a 'yes' vote on House Bill 2977 and we override the Governor's Veto of this great Bill."

"Representative Breen is recognized."

"The Sponsor indicates that he will yield."

"Well, the folks I talked to and I've talked to several educators since filing the Bill. With the pressures of Common Core many of the districts chose that this was one of the easier things to just put by the wayside. But I think that was a bad decision. And the educators and… that I've spoken to agree with that and we should bring it back."

"I would… I agree." 10000080.docx 132  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"Well, again, I've talked to several educators especially in my district. And we don't see where it's going to increase costs. Now, certainly if a school district chooses to go out and buy new materials, they can do that. But that's not something that they're forced to do. You can use a chalkboard. You can use… there’s several different ways you can incorporate cursive in a unit of cursive into your curriculum."

"Representative Demmer is recognized."

"Thank you, Representative. Representative Wehrli is recognized."

"The Sponsor indicates that he will yield."

"No, but we can talk about that."

"Well… it's our job to pass good policy. And… and the research behind cursive writing is sound and solid. And this is… this is good sound policy, Representative."

"I think there's several things that we should talk about. I think we should talk about coding; I think we should talk about spelling. I think there's keyboarding and typing, some things that we should actually get back to talking about."

"Representative Scherer is recognized." 10000080.docx 135  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"Thank you, Mr. Speaker. I can speak to the Gentleman's question that was just posed having taught cursive handwriting as a teacher. And I know there are many people in this room who were former teachers and we all appreciate that. One of the things spoken was, you said that we don't want to stifle teacher's creativity and without this law, that is exactly what is happening. So, just the opposite of what you're asking for is what's happening. Let me explain that. In my own district there was one administrator who never went anywhere without his cell phone and put everything he had on his cell phone. And I'm fine with that, I do that a lot myself. But because of that, he felt there was no need to ever teach cursive, ever, in any regard. And so, we now have an entire school district of teachers who would like to teach creatively… who would like to teach cursive, but were not allowed because that one person who carried a cell phone with them didn't see fit. And if… you know, you can't go against your boss, so you can't really teach it. Now, if we can put a law in place so our teachers are allowed to cursive teach, we're not saying how many hours, how many days. We're just making it so that the youth of our future at least can read and write cursive. I just can't even believe there's been this discussion. If a person, as an adult or a young person, is handed a note in cursive and they've never been taught cursive, then they are illiterate. Now, think about that. Why are you so opposed to this? If you're a person that's thinking of voting 'no', why are you opposed to making our youth and our adults literate? It's… it's unbelievable that we're even having this discussion. It doesn't cost anything. It is not 10000080.docx 136  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 an overreach. It's a willingness to provide literacy in our schools. I strongly urge an 'aye' vote. Strongly. Thank you."

"Representative Flowers is recognized."

"Thank you, Mr. Speaker. To the Bill. I just want to say that there are documents that most of us are circulating or having someone to circulate for us right now. And there is two things that's required on this particular document. One, for you to print. The other, for you to sign your name. That is required of you in order for this document to be authenticated. If you don't print your name properly or sign your name in your signature, we will knock you off the ballot. Now, you have to understand that we are encouraging young kids at the age of 17 to register to vote. And in doing so, part of them registering, we're teaching them what it is that they need to do. But the most important thing about this debate is that we are… we're complaining and talking about the cost of teaching cursive writing, but we have to teach to print. Kids are not born learning how to print, they're taught that in school. So, they are taught to print and they are taught cursive writing. It's all taught in school. So, for the sake of the children, and no one stymied our education, I would appreciate that we would allow them when the line says this require your signature that they be able to just as we've done, sign their name on the dotted line. I urge an 'aye' vote. Thank you."

"Chair recognizes Representative Keith Wheeler." Wheeler, K.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"The Sponsor indicates that he will yield." 10000080.docx 137  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 Wheeler, K.: "Representative, I just have a very quick question for you. And I'm just exploring this in my mind as we discuss this during debate, but have you explored whether or not there's a roll that Google translate could play in this process?"

"I definitely think Google and other forms of technology are killing our brains. It's making things too easy. Cursive writing is going to help us use our brains again and help us develop. It's proven. The research says it.” Wheeler, K.: “Okay.”

“And so, I'm all for advancement in technology, but some of the old fashioned ways of doing things are really good for us." Wheeler, K.: "Perfect. Thank you, Representative."

"Chair recognizes Representative Ammons."

"Thank you, Mr. Speaker. To the Bill. This is a interesting Bill. When our great Representative Welch brought this to the floor, initially I… I just couldn't understand why we would have to pass a law to ensure that the children would learn cursive writing. But as my senior Member, Representative Flowers, just indicated it was very clear to me as I have been working in our community that not only have we missed several generations, but we require the society to do something that we don't even teach. And in some schools, perhaps, they do, but in most schools, they don't. And my son who just turned 16, he's driving, thank God, when he turned 16… When he was small, I taught him to cursive write. I bought a cursive writing program to teach him how to write in cursive because it is the signature that is required. For us to remove 10000080.docx 138  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 things out of our educational system that we assume others should simply pay for or do on their own creates a disadvantage for the majority of the children in that school system. So, since this Body has passed legislation that increases revenue to our schools, I don't think it's a big stretch for us to pass an override on this Bill because we've provided the additional resources to have a teacher include in their grammar courses the instruction of cursive writing. And so, be it as I have demonstrated here, I would hope that we would vote 'yes' to reinstitute cursive instruction in our schools as well as to prepare the children to be able to at least sign their names on something as Democratic as a petition that we all have to circulate and most people don't know the difference between signature and print. And that is a demonstration of your society. So, I hope that we would vote 'yes'. I urge an 'aye' vote on this measure."

"Chair recognizes Leader Bellock."

"Representative Welch to close."

"Thank you, Mr. Speaker. I want to thank all of the speakers on both sides. I truly appreciate the… the discussion. But to close out, I just want to give you 10 sound reasons why this is great policy for the General Assembly to pass. Cursive writing helps people integrate their knowledge. Writing long form teaches us how to write. Our hands should be multi- lingual. We learn better when we write things down. Think about what we do here. Handwriting leads to cognitive development, greater self-esteem and academic success. It helps those with special needs. Many special education teachers will tell you it helps them when they're working with their students. It reduces distractions and inspires creativity. It keeps our brains active as we age. And we're all going to age. We need to be able to read cursive so that we can read our own historical documents. And knowing how to write cursive will help us create something beautiful and unique. Can read grandma's writing. Can sign your driver's license. Can sign your passport. Can sign a petition to run for office. I ask that we give our children a chance and bring cursive writing back to our schools. Please vote 'yes'."

"The question is, 'Shall House Bill 2977 pass, the Veto of the Governor non-withstanding'? The Motion requires 71 votes. This is final action. All those in favor signify by voting 'yes'; opposed by voting 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. 10000080.docx 140  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 With 77 voting 'yes, 36 voting 'no', 0 voting 'present', this Motion, having received the required Three-fifths Majority, the Motion to Override prevails. And House Bill 2977 is declared passed, non-withstanding the Governor's Veto. House Bill 3143, Representative Gabel."

"Thank you, Mr. Speaker. I move that House Bill 3143 do pass, notwithstanding the Veto of the Governor. This Bill adds community organizations that provide service… youth programs such as Teen REACH, Redeploy Illinois, Homeless Youth Services to the Prompt Pay Act. Originally, when we did the Prompt Pay Act, these youth services were inadvertently left out. Vendors with the state should be paid for the work they do. When there are delays, these are the organizations that then have to either borrow or take out lines of credit to… to bankroll the state's liabilities. So, they deserve to be part of the Prompt Pay Act. Being part of the Prompt Pay Act means that they will then get interest on the money that is due to them after 90 days. And it also gives them access to the Vendor Assistance Program so that they can actually have someone else buy their debt, but they can have the cash up front so they can continue their programs. So, I urge an 'aye' vote and open to questions."

"Representative Breen is recognized."

"The Sponsor indicates that she will yield."

"Well, I… I think that it was unfair that some… some of these agencies were left out in the first place. I don't think that that's right. I think that… that the additional costs that these will… will cause is minimal, but I… I just do believe that providers cannot afford to subsidize the state. And that's not the way that the state should be doing business."

"I believe so."

"You know, I'm not sure. I'm not sure if it would be just in the future or… or in the past. My guess is if it becomes effective on January 1 that it would be in the future."

"No."

"Nothing does."

"Well, I… I…"

"Yeah. I mean, to my understanding usually bills are effective from that date going forward, but I'm not… I'm not positive."

"Representative Batinick is recognized."

"The Sponsor will yield."

"That's correct."

"Yes."

"Representative Gabel to close." 10000080.docx 144  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"Thank you. So, if we want to be a business-friendly state, the state needs to be a good business partner. If we want to help small businesses, the state needs to be a good business partner. If we want to help job creators, the state needs to be a good business partner. And if we want to grow our economy, the state needs to be a good business partner. This is good business. This is the way the state should be doing its business. Let's include our youth programs into the Prompt Payment Act, so again, they can… they can access the Vendor Assistance Program and have the funds so they can continue to keep the services available in all of our districts. I urge an 'aye' vote. Thank you."

"The question is, 'Shall House Bill 3143 pass, the Veto of the Governor non-withstanding'? The Motion requires 71 votes. This is final action. All those in favor signify by voting 'aye'; all opposed by voting 'nay'. The voting is open. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On a count of 73 voting 'yes’, 41 voting 'no', 0 voting 'present', this Motion, having received the required Three-fifths Majority, the Motion to override prevails. And House Bill 3143 is declared passed, non- withstanding the Governor's Veto. House Bill 3216, Representative Wallace."

"Thank you, Mr. Speaker. I rise to present to you a Bill that will help to safeguard the state from the overutilization of privatizing services and overpayment of services. I encourage an 'aye' vote on the override of the Governor's Veto." 10000080.docx 145  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"Representative Breen is recognized."

"The Sponsor indicates that she will yield."

"That's a great question. I think that the best way to measure these five objectives that are listed in this legislation would be to make sure there's consensus around what that service or that product is. And management, I think, has some ability to do that."

"Representative Keith Wheeler." Wheeler, K.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"The Sponsor indicates that she will yield." Wheeler, K.: "Representative, help me understand how this would affect any kind of emergency procurements?"

"How would it affect emergency procurement?" Wheeler, K.: "Yes."

"Well, if we already have a standard in place, then we would be looking at these standards even if we have to do a contract within a week or two or three months." Wheeler, K.: "Okay. I'm looking at… in an emergency situation where, for instance, I'm in the IT field. I deal with different vendors that I have to… to work with that I may not have a contract with but I have on… particularly, a relationship. So, if… like I say, if a cyber security incident occurs I can reach out to them and we can help… they can help us mitigate the problem. So, I'm trying to put my… my head on here to see if… if this would prevent or preclude the state from being able to take advantage of those type of services ‘cause under one step analysis we've… we read it as that would be the case."

"No, it would not prevent that. Especially if the cost that you would quote the state for providing your services is not drastically more than what it would cost for the state to provide that service to itself." Wheeler, K.: "Okay. You're not in the realm of where I'm at. In the situation like that, you don't get to have a defined set 10000080.docx 148  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 of parameters as to what you need. You're going to have to reach out to a vendor to mitigate a problem that you can't define before the problem occurs."

"So, let's be really clear about what the legislation is proposing. And it is about ongoing third-party contracts for services." Wheeler, K.: "Right."

"All right. And so, you're talking… you did mention emergency procurement. And I do understand, in the world of IT, you're right. There's a specific skill set, there's a specific area of expertise and that's why you would be called in. But I think you also would know what fair market value is for the service you're providing. It wouldn't do something like what's happening with the Medicaid situation in which the state was being charged over $2 million more than it could have been doing, you know, more than the cost it would have been for the state workers to do it themselves." Wheeler, K.: "I understand. But you're talking about something that…"

"We're trying to…" Wheeler, K.: "…an unintended consequence of what you're trying to accomplish could be that in a situation where we find out that we have a… a breach of data. The longer we wait for that breach to be closed, the more exposure we have. The more it costs the state. The more people get harmed by that. We have to have the flexibility and the latitude in order to be able to… to choose the vendor at that moment that we have to just be able to select because they may be the only vendor who can actually help us." 10000080.docx 149  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"That would be done with CPOs and under the Procurement Code." Wheeler, K.: "I can't hear you. I'm sorry?"

"That would be done under CPOs and under the Procurement Code, not this legislation." Wheeler, K.: "So, you said this would be exempt from that? Cause I have an analysis that says the exact opposite of it.”

“(unintelligible)” Wheeler, K.: “Okay. With that, I'll just go to the Bill. I don't think our questions are being entirely answered here. And I think there's an unintended consequence I had mentioned earlier that… that we have to be able to address. This is overreaching. I understand that the… the intention of the Bill Sponsor, but at this point, there's just too many things that are upside down here to… to go with. So, I urge a 'no' vote. Thank you."

"Representative Wallace to close."

"Thank you. I do want to encourage the Body to think about the fact that having a direct contract with a vendor versus completely outsourcing, if you will, a service that the state provides are two different things. If you've been paying attention, you will see that there are some terrible examples as to what happens when we have inexperienced third- party contractors providing services. Just two days ago or so, the Tribune ran an article about what's happening with DCFS and its third-party contracting with certain organizations. We have caseworkers who do not have the same area of expertise as our DCFS workers do. And that's just one example in which we actually have lost lives as a result of 10000080.docx 150  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 outsourcing services. And I think that goes to the point of making sure that what we're doing is in the best interests of the public and of the citizens of Illinois. So, with that being said and with the couple other examples that I gave of how the state is now saving over $24 million per year by not going through with this Medicaid contract with Maximus, we could potentially save lives by not outsourcing to inexperienced individuals. With those things in mind, I do encourage an 'aye' vote."

"The question is, 'Shall House Bill 3216 pass, the Veto of the Governor non-withstanding’? This Motion requires 71 votes. This is final action. All those in favor signify by voting 'aye'; all opposed by voting 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. With 67 voting 'yes’, 47 voting 'no', 0 voting 'present', this Motion, having failed to receive the required Three-fifths Majority, the Motion to override fails. House Bill 3419, Representative Andrade."

"Thank you, Mr. Speaker. I move that House Bill 3419 do pass, notwithstanding the Veto of the Governor. House Bill 3419, for a reminder, is the expatriate Bill. It prohibits the state from doing business with or investing in expatriated entities that incorporated foreign tax havens in an effort to avoid paying state and federal corporate income taxes and requires the Illinois Investment Policy Board to identify expatriated entities, so that the retirement systems can engage in shareholder activism and divest from expatriated entities and shareholder activism, if unsuccessful. I'm sure 10000080.docx 151  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 there's questions, so I'd just move on to questions before I say anything else. If the Speaker will allow."

"Representative Breen is recognized."

"The Sponsor indicates that he will yield."

"Actually, I believe that the Federal Government is actually more than what is required on this Bill. This Bill was initially the general… Right now, the current government has zero exceptions…"

"…that they cannot… we're… and I'm going to… I'm sure you're going to ask me another question, so I'll save that answer for a bit."

"Right. So, you believe if there's waivers it makes it a good Bill?"

"Right."

"As I understood, it's not just Homeland Security, it is further. Other departments have incorporated into their procurement services. As you know, this Bill provides actually two exceptions to make sure that we're almost… we have two exceptions that… for the first exception is the medical exceptions to make sure we don't accrue any companies that are… stayed here for medicine. Secondly, we allow the Chief Procurement Officer… the Chief Procurement Officer of the State of Illinois they have… can… an expert or entity or member of a unitary business group with an expatriated entity as a member, may bid for or enter a contract with the state agency if the Chief Procurement Officer determines it is a sole source contract. And the Chief Procurement Officer, one, provides a notice of intent to enter such a contract with an expatriated entity. And holds a public hearing justifying…"

"…the use of sole source."

"There's may… there's a few companies that may, but I…"

"The issue I have is that the… the companies that have decided to do the tax inversions and actually is looking at the Federal Government to go after these companies. So, even with the tax deductions that most of these corporations don’t even pay the current taxes right now. So, it is…"

"Right. And we removed the state. We were actually… in the original Bill we were looking at… to change a state code. And we actually removed that to remove some of the opposition."

"How many companies of those are based in Illinois?"

"Do they currently do business with the State of Illinois?"

"They don't."

"So, we have the…"

"Yes. Former Andersen Consulting."

"Right. They have… Actually…"

"They don't even qualify for this Bill because they've moved to Ireland. So, Ireland is not included in this Bill. So, that is incorrect."

"They no longer meet the definition of an inverted… diverted corporation."

"Representative."

"Representative Breen, can you please bring your remarks to a close?"

"So, the Bill…"

"Representative Guzzardi is recognized."

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

"The Sponsor indicates that he will yield."

"Representative Andrade, first a question pursuant to the preceding line of questioning. Does the Illinois Manufacturers Association have a position on your Bill?"

"They actually support it. We received… we made changes in order to get the… their support."

"Okay. So, I just want to clarify that for that record and then I'll go to the Bill. So, we were just talking about the manufacturers in Illinois and the positions that they might have pursuant to this Bill. But the Manufacturing Association in fact supports this legislation. And… and just, again, to the Bill here briefly. It seems to me like if companies in Illinois are engaging in tax evasion, if they're hiding their profits overseas, then, yes, the State of Illinois should… should spend our money elsewhere, right? We shouldn't support corporations that are hiding their profits overseas. We should support corporations that are engaging in responsible business practices, who are being good stewards of the Illinois economy, who are hiring people here in the state, putting people to work and paying their taxes here in Illinois so that we can use those dollars to fund important services in our communities. I think we should be investing our state dollars in good corporate citizens. And to that 10000080.docx 157  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 end, I think this Bill is… that's why the business community supports this Bill because they understand that good corporate citizens are doing the right thing here. And I think this Bill is… is well considered and good legislation and I'm eager to support it."

"Representative Wehrli is recognized."

"Members, a verification has been requested. All are required to be at their seats and hit their switch when the time comes. Representative Scherer is recognized."

"Thank you, Mr. Speaker. I urge an 'aye' vote. When we think of things like EDGE tax credits, which really help businesses, part of the place where we get our funding for EDGE tax credits come from our big businesses. If our big businesses are hiding their money so that they don't have to pay tax on it, it's really hurting the whole business climate. I'm not surprised at all that IMA is in support. And I would hope that you would also support any kind of business venture that helps rather than hurt our economy. Thank you."

"Chair recognizes Representative Willis."

"Thank you. Will the Sponsor yield?"

"The Sponsor indicates that he will yield."

"This is an initiative of the Treasurer's Office. Why would they want to put this type of legislation forward?"

"I'm sorry. Can you repeat the question? I'm… I'm sorry, I apologize."

"Sure. I says, I know this is an initiation of the Treasurer's Office…" 10000080.docx 158  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"Yes."

"…and obviously the Treasurer felt that there was a problem with some entities that we were investing in. Can you…"

"Yes, I…"

"…give us a little bit more background on why the Treasurer felt that this was the time to address the situation and… and put an end to this bad business practice is the way I would look at it?"

"Yes. He felt that companies that engage in elaborate restructuring schemes to avoid paying their fair share of state and federal taxes should not be rewarded. They should not be rewarded with lucrative state contracts and investments paid by Illinois taxpayers. This is an un… unfair to individuals and businesses that have worked hard, they play by the rules and pay their fair share of Illinois income taxes. The State of Illinois should be doing business with and making investments in companies that are good corporate citizens and pay their fair share of Illinois taxes. The Federal Government has prohibited federal agencies from entering into contracts with expatriated entities since 2003."

"Right. So, we…"

"So, we're looking…"

"…so, we saw that the Federal Government does this. And I know that there was some news just recently of a couple of companies that had done… tried to find loopholes to work around it. And I think isn't the Treasurer just saying that we need to make sure that we don't allow those same type of 10000080.docx 159  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 loopholes to exist in the State of Illinois? To the Bill. One of the things that I think… one of my colleagues on the other side of the aisle said, well, won't this stop some Illinois companies from being able to bid with us in Illinois? Well, if they were truly Illinois companies they wouldn't put in a scheme that they could avoid having to pay Illinois taxes. And that's, I think, what this Bill is doing. It's saying, there are enough good players in the State of Illinois. We will find other companies that are in the State of Illinois that play by the right rules, that do it the right way, that are willing to pay their fair share of taxes. You and I, as citizens of the State of Illinois, pay our fair share of taxes. Why should we have corporations that are getting to work around that? And I think that's what this is exactly going for. This is what we want to make sure that we have not only all of our individuals paying the taxes they need to, but certainly our corporations doing that. And not having corporations that have learned to not play by the rules still get rewarded with state contracts. Back to the… to the… for the Sponsor, is there a particular company that we're concerned about or are we looking at this at all… all corporations throughout?"

"We're looking through all corporations throughout. It's not… we don't want to single out one company, but we want to look at to see who are the best corporate citizens of Illinois and… and the country and want to make sure that we actually give them an advantage because they have decided to stay in Illinois. They have decided to be good U.S. corporate 10000080.docx 160  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 companies, to be U.S. citizens and to be responsible and morally ethical to support their country."

"Well, and… and I would even venture to state that part of this is, if you are willing to take a contract from the State of Illinois, you should also be willing to invest in the State of Illinois and part of that investment is paying your fair share of taxes."

"Absolutely."

"Yeah. And I think that's one of the main things on it. That we want to make sure that we follow those best practices making sure that we reward those that do the best practices. It's not saying let's cut anybody out, but it's saying let's reward those that deserve the rewards. Get them to where we need to be and maybe we can get everybody playing in the sandbox better together instead of having people that are trying and looking for… you know, one of the things that we've often said is, if… and actually this is actually come from the Governor's platform, I believe, to close corporate loopholes. Is that not oftentimes been what we've heard from there? Let's close these corporate loopholes. Well, this is a good way to do this. This is the Treasurer's initiative to do it. I think the Treasurer has proven to be very competent in his position. And I would go along with the Bill’s Sponsor and urge all of my fellow Members of this… on both sides of the aisle to vote 'yes' for this. Thank you."

Speaker Turner: "Representative Christian Mitchell is recognized." Mitchell, C.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"The Sponsor indicates that he will yield." 10000080.docx 161  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 Mitchell, C.: "I will start again by dedicating my remarks to the good people of Naperville. So, Representative, we've had a lot of conversations about the mechanics of this Bill. I think it would be helpful before I get into questions for you to just tell us again what was the genesis of this Bill? Why is it so important to your constituents and to the people of the State of Illinois?"

"Well, I believe that it's… it's a very important and the genesis of this Bill is to reward companies that have… still have faith in their country. Companies that want to be good corporate citizens and put in their fair share for the State of Illinois and for the United States of America. I… I believe this is important that they should not turn their back on their country. And they should stay faithful to their country. They should not decide that just because they can profit and abandon their flag, abandon their country, turn their back on the United States that… just so they can make more for their pockets. And turn away from their citizens and turn away from their employees of this country that they should look the other way. And we should not look the other way. We should reward the companies that decide to be true to our country." Mitchell, C.: "Thank you, Representative. And… and is this unprecedented in State Law? Are there other causes for which we say we're not going to contract with certain businesses, we're not going to have our pension funds invested in these types of businesses? Are there other places in State Law we already do this?" 10000080.docx 162  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"Right. This… this is not something new. The… currently the State of Illinois already does this with other situations." Mitchell, C.: "Can you give me a couple of examples, Representative?"

"I believe, Israel might be one of them. I… Companies that boycott Israel. Relations to Sudan and Iran are just a few." Mitchell, C.: "Okay. So, it sounds like this is not an unprecedented pieces of legislation. So, as I understand it, Representative, this legislation has two main parts. One is, it says companies that are doing inversions, that are not doing their fair share for the people of the State of Illinois, we are no longer going to doing contracts with them. But the second part says, that we encourage our pension funds to divest. But isn't it true, Representative, that the pension funds have another option other than divestiture…"

"Yes." Mitchell, C.: "…in this Bill?"

"We… yes they do. They… we… actually, it's shareholder activism we do. The pension boards have the ability to actually encourage these companies to change their ways and come back and be faithful to their country. So, they don't have to just divest immediately. There is an option to give them the opportunity to do the right thing." Mitchell, C.: "Thank you, Representative. To the Bill. We talk a lot in this chamber about needing to save money, needing to make sure that our tax dollars are fairly used. And I would argue that putting our tax dollars into companies that are 10000080.docx 163  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 investing, not just in America, but specifically in the State of Illinois, is a good use of our resources. This is a good Bill that deserves an 'aye' vote. Thank you."

"The Chair recognizes Representative Reick."

"Representative Butler is recognized."

Speaker Turner: "You're actually the final speaker, Representative. Representative Andrade to close."

"Thank… thank you, Mr. Speaker. I'd like to remind everyone that… what they did this morning. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. This morning you pledged your allegiance to the United States of America, not to the United States… not to the United Nations. You are not here to represent the United Nations. You are here to represent the United States of America. I ask that the Democrats and Republicans that stood with me and stood with this Bill and stood with your country and this Bill, that you are a patriot when you voted 'yes'. I ask you not to become 10000080.docx 165  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 an expatriot because you're going to support some foreign country. Do not support the interests of a foreign country over your pledge that you made this morning. You pledged this morning to the United States of America, not to the United Nations, not to Bermuda, not to another country that is profiting off of your citizens. These countries are profiting off of your citizens, your voters, your residents. Don't become an expatriot, if you voted 'yes'. Bring back America. Tell these companies to bring back America. Be proud of their country. These companies should not turn away from their country. These companies should not disrespect their flag by taking down the United States flag and carrying another flagship. So, I hope you stand with me and I hope you stand with the United States of America and with our United States flag. And I ask you to please make America great. Thank you very much."

"Members, a verification has been requested by Representative Wehrli. All Members are asked to be at their seats to vote their own switch. The question is, 'Shall House Bill 3419, pass the Veto of the Governor nonwithstanding?' This Motion requires 71 votes. This is final action. All those in favor signify by voting 'aye'; all those opposed signify by voting 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. This Motion having receive… with 75 voting 'yes', 36 voting 'no', 0 voting 'present', this Motion, having received the required Three-fifths Majority, the Motion to override prevails. And House Bill 3419 is declared passed, nonwithstanding the Governor's Veto. Excuse me. I'm 10000080.docx 166  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 sorry. Representative Wehrli, would you like to persist with your…"

"…with your verification?"

Speaker Turner: "Mr. Clerk, please read the votes in the affirmative."

"Representative Wehrli."

"Down front."

"Right in the back."

"Thank you, Representative. Again, with 75 voting 'yes', 36 voting 'no', 0 voting 'present', this Motion, having received the required Three-fifths Majority, House Bill 3419 is declared passed, nonwithstanding the Governor's Veto. House Bill 3649, Representative Crespo."

"Thank you, Speaker, Members of the House. And I'd move to override the Governor's Veto of House Bill 3649. This is a Bill supported by Members of both sides of the aisle aimed at bringing transparency to our state debt. What the Bill 10000080.docx 168  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 does is it asks that the get… we get a monthly disclosure of information from our state agencies that would include the aggregate total of bills for each agency, an estimate of prompt payment and whether or not an appropriation exists for those bills. Currently, the law only requires a report on October 1 for the aggregate of all of the bills as of June 30. This gives us an outdated information and fails to account for prompt payment penalties that the state is on the hook for. And today, we're looking at over $900 million in delayed payments. I should add that the Better Government Association identified this bipartisan legislation as one of the 15 good government reform Bill’s that passed the General Assembly this year. The Quad City Times wrote that it would be a bunk excuse, a dodge that neglects the Bills obvious links to good budgeting in either the public or private sector. The Quincy Herald Whig wrote, no successful business can be expected to run on such skimpy and outdated financial data and no government should operate that way either. The Moline Dispatch states, even in hopelessly divided Springfield issues of transparency and accountability should transcend politics. The local State Journal-Register states, it's dumbfounding to think such a policy isn't already in place, this is the best practice in any thriving business. Taxpayers need transparency about how the state dollars are spent. So, I ask you to please join me in supporting this override. I'll be happy to answer any questions."

"Mr. Davidsmeyer for five minutes."

"Representative Lang in the Chair." 10000080.docx 169  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"Welcome to the House Chamber. You're out of order, Sir. That's it. We're sorry."

"Mr. McSweeney for five minutes."

"Mr. Breen for five minutes."

"Sponsor yields."

"No, there's not."

"Correct."

"Well, actually, it's… it's currently done annually right?"

"We get a report October 1st. Anything is better than what we're doing today."

"But in terms of managing the cash flow, in terms of managing the debt we have felt that doing it on a monthly basis is the way to go." 10000080.docx 171  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"Well, actually that's a very good point, Representative. I know we've talked about the ERP. And it's something that do it… the Department of Innovation and Technology has been working on. The Quinn administration has been working on that even prior to… to do it. And as we've been able to do it and they testified before my Appropriations Committee, that’s like 2 or 3 years ahead. I would hope that once this is in place it can lay the foundation for the ERP moving forward."

"Thank you."

"Mr. Skillicorn for five minutes."

"Mr. Harris for five minutes." Harris, D.: "Thank you, Mr. Speaker. And I'll be very brief. When we were negotiating the budget, it… a statement was made that there could be as much as 50 to 75 million dollars of invoices at the Department of Corrections that the Comptroller hasn't seen yet. And that's only the Department of Corrections. 50 to 75 million dollars of invoices at the Department of Corrections. In other words, those are hidden from view. When 10000080.docx 173  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 the… in the Veto Message of the Governor he made the statement that the Bill more closely resembles an attempt by the Comptroller to micromanage executive agencies rather than an attempt to get the information most helpful to the monitoring of State Government. The Daily Herald in an editorial in August said this, in truth, micromanaging of the state's bills is precisely the job of the Comptroller. That's what the Comptroller is supposed to do. This Bill makes crystal clear sense, deserves a 'yes' vote. And I hope you'll vote 'yes'."

"Mr. Hoffman for five minutes."

"Thank you. Real briefly, to the Bill. I understand that… that House Republican Leader Durkin was against this Bill initially, but I think… and I hear he has seen the light. I’m with House Republican Leader Durkin and I am voting for this Bill. Just like that, House Republican Leader Durkin."

"Representative Ives for five minutes."

"Sponsor yields."

"Actually I would correct you. I think the technology dates back to 1898." 10000080.docx 174  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"But currently, just to let you know, even the former Comptroller did state that when she was in office she would make calls to the agencies to get those figures. So, it implies that those numbers were readily available on a monthly basis anyway."

"It is a snapshot in time. To… to your example, even if they do have an invoice for a million dollars… or a billion dollars, that is part of the problem."

"That oftentimes they… they do enter into these contracts. They have these costs and they're not relayed to the Comptroller's Office right away. We just found out that there's close to a billion dollars of money that has spent without any authorization." 10000080.docx 175  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"Well, and I think that has been the… the method that they've been doing this, right, it's like a triage, trying to figure out what do they have to pay and look and see how much money they have. The problem herein though is that oftentimes or sometimes there'll be a bill that pops up for a million or a billion dollars that comes from nowhere. This will allow the Comptroller to at least know what's in the pipeline, that 10000080.docx 176  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 they can manage the cash flow a lot better than what they're doing today."

"Mr. Morrison for five minutes."

"Representative McCombie for five minutes."

"Mr. Crespo to close."

"Thank you, Speaker. I just want to reply to some of the comments that were made earlier. I think the end game is to have an automated process where we can get real time numbers at any time. We're not there yet. And… and this notion that the Comptroller's Office should be making calls on a monthly or daily basis, there's over 83 agencies that submitted their report October 1. We're still missing some reports. That does not… that seems like a logistical nightmare. I should add that and I think Representative Harris talked about the Governor's Veto Message, which says that this resembles an attempt by the Comptroller to macro manage executive agencies. Number one, the current report that we get today is not even enough to micromanage the agencies right now. That's not her role to micromanage anything or any of the agencies. 10000080.docx 178  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 She needs to micromanage the bills coming in as the Daily Herald pointed out. But to imply that this is an attempt by the Comptroller to micromanage agencies is far from the truth. That's not it. I should also add that we have almost every single editorial in the state supporting this. We have the Better Government Association, the Daily Herald, the Quincy Herald Whig, the Southern Illinoisan, Civic Federation, Rockford Register Star. And just recently we had the PJ Star wrote in their comments that, 'First, it seems to us that Mendoza is trying to do her job as Comptroller. And as she is quite right to say, it's insane you can't see your books. From this vantage point, it's the Governor who's, is personalizing and politicizing this issue'. There is a time and place to play politics, this is not the day. This is definitely not the Bill. We should not let politics get in the way of transparency. We should not let politics get in the way of good governance. And we should not let politics cloud taxpayer dollars. So, I would ask you to please join me in overriding the Governor's Veto. There's no good reason not to support this Debt Transparency Act. Thank you, Speaker."

Speaker Lang: "Gentleman has moved that this Bill pass, notwithstanding the Veto of the Governor. It requires 71 votes. Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Thapedi, Thapedi. Mr. Clerk, please take the record. On this question, there are 112 voting 'yes', 0 voting 'no', and the Motion prevails. And this Bill is declared passed, notwithstanding the Veto of 10000080.docx 179  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 the Governor. Chair recognizes Representative Moeller, for what reason do you rise?"

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

"Please proceed."

"Thank you. I am pleased today to welcome to our State Capitol here in Springfield Gary Lucas, who has traveled all the way from Massachusetts to be here. And a good friend of mine, Mr. Ed Marth. He served in the Rhode Island State Senate in the early 80s and he's here to observe us today and visit our State Capitol. So, let's give them a warm Springfield welcome."

"Thank you, Representative. And welcome to the House chamber. Thank you for joining us. Representative Sente, for what reason do you rise?"

"I just wanted to remind everyone that immediately following Session the Illinois Green Caucus is going to meet in the Capitol Building, Room 100. Thank you."

Speaker Lang: "Thank you, Representative. House Bill 3298, Representative Scherer. Please proceed."

"Thank you very much, Mr. Speaker. I move that House Bill 3298, do pass notwithstanding the Veto of the Governor. This is the Substitute Teacher Bill. It addresses the huge problem we have with the shortage of substitute teachers. And I would appreciate an 'aye' vote. Answering any questions if you have any. Thank you."

"Mr. Breen for five minutes."

"Yes."

"Sponsor yields." 10000080.docx 180  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"I understand your concerns. Currently, there is $4.5 million in the fund with ISBE. This is for mentoring and teacher licensures. As of now, the school districts that I asked have not been receiving the teacher mentor money and it's sitting in the fund. The $1 million would be an absolute maximum and that is if every single person who applied would also then apply for the rebate and would also substitute teach 10 days. There are no opponents. Even ISBE is okay with it. And we have a serious, serious problem with substitute teachers."

"Okay. Because of the revenue stream, it could possibly cut into it, but it is not a forced end to the mentorship. And many school districts aren't sure why, but they're not getting the mentor money right now." 10000080.docx 181  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"Representative Scherer to close."

"Yes. We had 99 'yes' votes on the front end. And I would just like to add a little personal story here that my niece who graduated from college and as most of us is dead broke when they graduate wanted to be a substitute teacher, but it was going to cost her $350 just to go through all the regulations. So, she had to go find a different job. This is part of why we don't have substitute teachers because it's so expensive just to get started. I would most sincerely appreciate an 'aye' vote on this."

Speaker Lang: "The Lady has moved that this Bill pass, notwithstanding the Veto of the Governor. This requires 71 votes. Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please record yourselves, Members. Mr. Clerk, please take the record. On 10000080.docx 182  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 this question, there are 110 voting 'yes', 0 voting 'no'. And the Lady's Motion prevails. And this Bill does pass, notwithstanding the Veto of the Governor. Page 8 of the Calendar, under Amendatory Vetoes, House Bill 302, Mr. Martwick. Please proceed on your Motion, Sir."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, House Bill… I move to override the Amendatory Veto of the Governor on House Bill 302. House Bill 302 is the unclaimed… it amends the Unclaimed Life Insurance Benefits Acts to compel life insurance companies to pay death benefits when they know or should have known that a policyholder has passed away. It achieves this by requiring life insurance companies to do four things. It… it requires them to go back and evaluate lapsed or terminated policies going back to the year 2000, if they have electronically searchable files. And then once they find that there are policies that should have been paid, they must proactively seek out the beneficiaries of the policy and inform them that these benefits are available and do their best to get them to them… the… the benefits to them. The Governor in his Veto gutted this Bill. And this is very important. This… there are… the insurance companies that are responsible for 70 percent of the life insurance policies sold in Illinois are already voluntarily complying with this law. They are already doing this. There are a holdout number of insurance companies that decided that the law should allow them to keep money that was supposed to go to widows and orphans. This Amendatory Veto guts that ability of the Treasurer to use outside auditors to come in, find that money and get it back to the people who need it, 10000080.docx 183  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 who have been counting on it and who have been denied it. So, I ask that we override the Governor's Veto. And I… I'd be happy to answer any questions."

"Mr. Breen for five minutes."

"Sponsor yields."

"So, that's actually not exactly entirely correct. So, the… the administrative rule in Illinois is… or regulation on records retention requires the insurance companies to keep records that have sufficient administrative, legal or fiscal value to warrant their further preservation. The 5 year record period only applies to records that have… no longer have such value. So, there is no 5 year hard rule. That is for policies where there is… there is no value to them whatsoever. So, if this is a lapsed policy where the insurance company is hanging on to the proceeds because beneficiaries have not come forward, well, then they are required to keep that. And in fact, they are running afoul of the law if… if they… if they do… if they destroy those records." 10000080.docx 184  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017

"That is correct."

"Under… under the language of the original Bill, before the Amend… Amendatory Veto, if they had searchable electronic records then they would be required to search back to the year 2000. There was a concession made that was put in there to distinguish between those companies that did not use electronic… did not have electronically searchable files that they would be subject to a 5-year provision… 5-year search back."

"Well, I… there… there are several problems with striking contingency fee arrangements with the Treasurer's Office. If outside auditors had not been utilized, those outside auditors have helped uncover more than $550 million that was owed to Illinois residents. And without those outside 10000080.docx 185  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 auditors, which charge a contingent fee for what they find, they charge a portion of… of what they find as a fee. Well, without that then the insurance companies would have kept 100 percent of those proceeds. So, they have been very effective. Illinois is not the only state. All other 49 states use contingent fee arrangements for finding unclaimed property. And… and so for… for his ban… and it would not just apply in this instance. The Governor's ban would apply to all contingent fee arrangements for outside auditors and that would really hamper the ability of the Treasurer to do anything. Understand that the only other option would be for the Treasurer to hire and train and staff a very expensive department of auditors…"

"…which would be a big…"

"Which I think might, given our… our recent set of budget cuts, might be impossible. And so, if the Treasurer's Office can't perform it internally and can't have outside auditors then there is… then the message that we're sending to the insurance companies is we'd rather you keep the money than the widows and orphans who are entitled to it."

"Yes. What… what I would say is that under the current law, they are not doing anything that amounts to anything illegal. But I would say that what they are doing is wrong."

"What we are seeking to do is make…"

"Okay."

"Mr. Wheeler." Wheeler, K.: "Thank you, Mr. Speaker. Please excuse Representative Sosnowski for the rest of today."

"Thank you, Sir." Wheeler, K.: "Thank you."

"Representative Scherer for five minutes."

"Thank you, Mr. Speaker. The reason I've chosen to speak on this is because it's very near and dear to my heart. My parents have been through this exact issue. I had my little insurance booklets, but I… I took them out of my bag. I didn't know it was going to be called today. If we really care about the citizens of Illinois and we think of what sacrifices people went through to pay for insurance policies, it's very difficult for me to understand why anyone thinks that they don't deserve to be paid for what they sometimes would make that payment over feeding their family or getting their medications. And yet, for some reason it seems like some people think it's okay for them to not get their payment. And I just really it… it makes me very sad, just straight up sad to think that we here aren't really worried about people's best interests if we don't vote to do this. Because they deserve to have the money. They would have never bought an insurance policy if they thought that their loved ones would not get the payment. It all comes down to that. Think about that. They would have never bought that policy if the company would have been honest and said, and by the way when you die 10000080.docx 188  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 we hope that we can't find your family 'cause we don't want to have to pay this out. We want to build another tall building instead. I really strongly encourage you to think with your heart on this one. And I hope for an 'aye' vote. Thank you."

"Representative Cassidy for five minutes."

"Thank you, Mr. Speaker. Question of the Sponsor."

"Sponsor yields."

"Representative Martwick, the Governor suggests that Illinois Administrative Rules only require insurance companies to keep lapsed or terminated policy records for the current year plus the 5 prior years. House Bill 302 allows records to be checked back to 2000. And he's suggesting that this is inequitable. Is he correct?"

"Not at all. Again, that the… the provision that he relies on, he is… that is a completely inaccurate or improper reading of that regulation. As I said, these companies are required to keep these records, so they keep them much longer than 5 years. That is a requirement. It's only 5 years if there is no value to those records whatsoever and those then can be destroyed. And that was done by the Rauner administration. But here's the kicker. Is that under the terms of this settlement with life insurance companies that represent over 70 percent of the life insurance market, these companies have agreed to search their electronically searchable records back to 1992. So, the vast majority of good actors are already checking back to 1992. Why would we say to the bad actors that you only have to be checked back 5 years? That is unfair to the companies that are doing it 10000080.docx 189  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 right. It is an un… it is not leveling the playing field in the insurance market to… to have good actors that come in voluntarily be required to go back 20 years longer than… than the bad actors."

"And to that point, so… you know, as you've raised this. Do… does having these different standards violate due process when we have some that go back to 2000 and some only have to go back 5 years?"

"No, that is something that the… the… one of the prior speakers brought up. And that is not… in fact, the Governor relies on a case that, once again, he completely misinterprets. He relies on a Supreme Court case that… where he says that due process protects against arbitrary and discriminatory enforcement of legal standards. That's not what the case said. It had nothing to do with this. It was talking about first… the case that he cites was talking about First Amendment rights, not Fourteenth Amendment rights under this. And… and so, it's a complete misreading of that. And so, there is no due process violation whatsoever with this. The key here with this is that we are not seeking to interfere with the contracts that the insurance companies made. We're seeking to make them live up to the contracts that they made. And that's well within our rights, our police powers as a state."

"Finally, you know, in the… in the Governor claims to prohibit the use of outside auditors with contingency fee arrangements. How do you answer his claim that these outside auditors reward private companies at the expense of state 10000080.docx 190  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 taxpayers? And he's claiming that that money could have been used to pay down the unfunded pension liability?"

"Yeah. Well, again, that… that, again, is… is really an overreach and a misinterpretation because again, over 550 million has been discovered. And again, if… if we weren't using outside auditors, well then, the insurance companies would have kept all of that. And the ones that are fighting compliance are already keeping 100 percent of this. The contingency fee auditors would only take a portion of that and they would get the rest of that money to the… the people that are entitled to it. Plus, if these companies came in and voluntary complied or did this check themselves then there would be no need for these outside auditors. Finally, you know, I… I want to note that these auditors only get paid when the insurance companies find the money and get it to a beneficiary. They… if they don't complete that they get nothing. So, the auditors made absolutely nothing on over $350 million that insurance companies paid directly to beneficiaries through the due diligence process."

"Thank you very much. I urge an 'aye' vote."

"Mr. Harris for five minutes." Harris, D.: "Thank you, Mr. Speaker. Question of the Sponsor?"

"Sponsor yields." Harris, D.: "Representative, just… I want to follow up for a second on the… the auditor issue that was mentioned here. And in the Governor's message it says that the legislation does nothing to stop the continuing overreach of private auditing firms that currently contract with the State Treasurer's Office. How do the private auditing firms… exactly what do 10000080.docx 191  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 they do and how are they reimbursed? How are they compensated for their services? You want to stop the timer, Mr. Speaker?"

"Sorry. Sorry, I was…" Harris, D.: "It's all right."

"…collecting the answer. I'm sorry. So, the… the contingency auditors are paid 10 percent. That is their… their fee is 10 percent. Additionally, in Senate Bill 9 which was passed here in the Legislature when we overrode the Governor's Veto there was a series of regulations that were in Senate Bill 9 that regulate… regulate the practice of these agreements with contingency fee auditors that include rules on… on transparency and creating the contracts become public records and a limit on statutory cap. And so on and so forth." Harris, D.: "So, are you saying that the auditors get 10 percent of the… the life in… what the life insurance payout is?"

"Only if the beneficiary…" Harris, D.: "And… and…"

"…cannot be found." Harris, D.: "If the beneficiary cannot be found?"

"Yes." Harris, D.: "If the beneficiary cannot be found, then what happens to the money?"

"It comes to the state." Harris, D.: "It comes to the state."

"Yeah." Harris, D.: "So… and this is an initiative of the Treasurer's Office, correct? This Bill?"

"That is correct." 10000080.docx 192  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 Harris, D.: "And I… I venture to say that the Treasurer's Office is probably not looking to increase the… the reimbursement to these private auditing firms, but rather is looking to make sure that all of these policies get discovered and paid off, indeed, if they are supposed to be paid off. So, it seems reasonable to me that the intention of the Treasurer here is not to enrich the auditing firms, but rather to get the dollars to those people who deserve the dollars from the life insurance policies. In that case, I think it certainly makes sense. And while the President… excuse me, the Governor has said that since 2011 $20 million has been paid to one firm, that's eight years. That's two and a half million dollars a year. He says that money could be used down to pay the state's desperately underfunded pension liability system. It could, but two and a half million dollars a year is not… it's going to take a long time at that rate. So, it seems to me to make sense that the Treasurer is trying to do something here that is beneficial for those policyholders that have not gotten the dollars that they are entitled to under the policies that they paid for. Thank you."

"Thank you."

"Mr. Martwick to close."

"Thank you, Mr. Speaker. Ladies and Gentlemen, I… I urge an override of the Governor's Veto. And I am joined in urging that override by many, many of… major news outlets throughout this state. Many of the news outlets and the newspapers throughout this state have editorialized in favor of this and allow me to read a couple to you. The Freeport Journal Standard said, We agree with the State Treasurer. The 10000080.docx 193  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 override is a must. Our fervent hope is that lawmakers muster the courage to help Frerichs' office do its job by properly tracking down unclaimed property and returning it to its rightful owners instead of allowing insurance companies to keep what at its essence is stolen property. The Rockford Register Star and Belleville News Democrat said, If you are tempted to think this is not a big problem, you're wrong. The Governor's partial Veto prevents the Treasurer's Office from searching bank and business records to look effectively at the books of large banks, such as Wells Fargo, to confirm it did not appropriately keep funds from bank customers. Or the ability to look at Sprint and Radio Shack to confirm each has paid out all rebate checks issued as an incentive to make a purchase. This is what will happen if we prohibit all contracts with contingence fee auditors. The Effingham Daily News stating that, Judy Baar Topinka was the one that started this whole practice. If the Governor's Veto were accepted, Illinois would be the only state in the nation to completely prohibit these types of audits. We're joined by edit… editorials from the Quad Cities Online and the Chicago Tribune. This makes sense. Understand what your vote means. The vast majority of insurance policies in Illinois, the companies that hold those have voluntarily said, yeah, this was a bad practice. Yes, we're going to work with you Treasurer. Yes, we want to get the insurance proceeds to the widows and the orphans that were entitled to receive it. When you vote to uphold the Governor's Veto, you're saying that you think that insurance companies should be able to hold on to money that was supposed to go to loved ones in need. Please 10000080.docx 194  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 don't do that. Do the right thing. Have the courage. Vote 'yes'. Override the Governor's Veto. Let's get the money back to the people it belongs to."

Speaker Lang: "Gentleman moves that House Bill 302 pass, notwithstanding the Governor's specific recommendations for change. This requires 71 votes. Those in favor of the Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please record yourselves. Please record yourselves, Members. Mr. Clerk, please take the record. On this question, there are 71 voting 'yes', 40 voting 'no'. And the Gentleman's Motion prevails. And House Bill 302 is declared passed, notwithstanding the Governor's specific recommendations for change. House Bill 3211, Representative Wallace. Representative Wallace. Out of the record. Mr. Clerk, Adjournment Resolution."

"Leader Currie moves for the adoption of the Adjournment Resolution. Those in favor say 'yes'; opposed 10000080.docx 195  STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 80th Legislative Day 10/25/2017 'no'. The 'ayes' have it. And the Adjournment Resolution is adopted. Mr. Clerk, Agreed Resolutions."

"Leader Currie moves for the adoption of the Agreed Resolutions. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the Agreed Resolutions are adopted. Mr. Clerk, please read the committees for this afternoon."

"And now, leaving perfunctory time for the Clerk, Leader Currie moves that the House stand adjourned 'til Thursday, October 26 at the hour of 10 a.m. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the House stands adjourned until tomorrow at 10 a.m."