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Illinois House Floor Debate — January 30, 2018

100th General Assembly (2017-2018) · Legislative day 93 · Perfunctory Session
Chamber
House
General Assembly
100th (2017-2018)
Date
January 30, 2018
Legislative day
93
Session
Perfunctory Session
Speaker turns
47
Original
View the source PDF ↗
Hollman

"House Perfunctory Session will come to order. Introduction of Resolutions. House Resolutions 726, offered by Representative Hoffman and House Resolution 774, offered by Speaker Madigan are referred to the Rules Committee. Committee Reports. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules reports the following committee action taken on January 3, 2018: recommends be adopted, referred to the floor is Floor Amendment #2 to Senate Bill 193; recommends be adopted, referred to the Order of Resolutions is House Joint Resolution 96; approved for consideration, referred to Second Reading is House Bill 860, House Bill 3877, Senate Bill 193; approved for consideration, referred to Third Reading is House Bill 2354, House Bill 2367, House Bill 4096, and Senate Bill 1657. A letter from the Secretary of State, dated January 30, 2018. To the Honorable Speaker of the House: In compliance with the provisions of the Constitution of State of Illinois, I am forwarding herewith the enclosed House Bills from the 100th General Assembly as vetoed by the Governor together with his objections. House Bill 171, House Bill 1424. Respectfully signed, Jesse White, the Secretary of State."

Lou Lang (D)

"The House will be in order. Members will be in their chairs. Welcome back Members. We shall be led in prayer today by Lee Crawford, the Pastor of the Cathedral of Praise Christian Center in Springfield. Members and guests are asked to refrain from starting their laptops, turn off cell phones, and rise for the invocation and Pledge of Allegiance. Pastor Crawford." 10000093.docx 1 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 93rd Legislative Day 1/30/2018

Pastor Crawford

"Let's pray. Gracious and most sovereign God, we humbly approach Your throne of love and grace. We ask Your blessings to be upon this august Assembly, upon the Speaker of this House, all its Leaders, all of its Members, and all of their families. Father, You are the author and finisher of our faith and the giver of our life. So, today we turn our hearts and our minds to You for help. Your word says that You, oh God, are a very present help in the time of our need. Help us today to do what You have called us to do that we may do it in grace and with integrity, that we may do it in love and with mercy, that we may do it in compassion with unselfish hearts, that we may do it with wisdom and with an understanding, that we may do it in fear and with reverence. Help us today, oh God, to do our jobs in a way that would hear You say unto us all, well done my good and faithful servants. This we pray, in Your son's name, Amen."

Lou Lang (D)

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

Lou Lang (D)

"Roll Call for Attendance. Leader Currie."

Barbara Flynn Currie (D)

"Thank you, Speaker. Please let the record reflect that Representatives Flowers, Harper, Hernandez, Jones, Rita, Slaughter, and Tabares are excused today."

Lou Lang (D)

"Mr. Demmer."

Tom Demmer (R)

"Thank you, Mr. Speaker. Please let the record reflect that Representatives Andersson and Welch are excused." 10000093.docx 2 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 93rd Legislative Day 1/30/2018

Lou Lang (D)

"Mr. Clerk, please take the record. We have 106 Members answering the roll and the House has a quorum. The Chair recognizes the Majority Leader."

Barbara Flynn Currie (D)

"Thank you, Speaker. I have two announcements to make. First, our colleague, Silvana Tabares, and her husband, our staffer, Sean Murray, produced a new Democrat on December 16. His name is Michael James Murray and I hope you will all join me in welcome… welcoming to our planet, to our Earth. And second, I'd like to introduce a new colleague for us. The replacement for Representative Dan Beiser in Rep District 111 is Monica Bristow, who is a longtime community activist. Her Husband and children live in… in, I think, Godfrey, Illinois. And we are very happy to have her on board. So, please join me in welcoming Monica."

Lou Lang (D)

"Welcome aboard, Representative. Why don't you say hello to us?"

Monica Bristow (D)

"Good afternoon everybody. I'm happy to be here."

Lou Lang (D)

"Best speech ever. Take a lesson, Members. Mr. Davidsmeyer is recognized."

C.D. Davidsmeyer (R)

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

Lou Lang (D)

"Please proceed, Sir."

C.D. Davidsmeyer (R)

"I will be a little bit longer than that. So first, I want to make sure that we look up into the gallery behind me. We’ve got members of the goalball teams for the Illinois School for the Visually Impaired. If everyone could listen up, I'd appreciate it. I know everyone's saying hi and happy to be back. But members of the Illinois School for the Visually Impaired goalball team are behind me, and I want to… 10000093.docx 3 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 93rd Legislative Day 1/30/2018 introduce them. Having trouble with my words this morning. First I want to say, the girl's team got first place in the North Central Association of Schools for the Blind Goalball Conference Championship which is the equivalent to our state. I want to introduce the girls. They are Tori Lynch, Jade Bryson, Sadi Stengel, Lindsey Bates, Alyssa Root, Kaitlyn Ryan, and Coach Barbara Strang. Congratulations on that first place finish. And I want to introduce the boy's team, who actually got second place this year. And they are Leo Tomich, Bernie Roach, Jaylen Brady, Dane Edwards, Coach Darla Chambers. And they told me they're going to win it next year. There was a big kid from Wisconsin that was a really good player, but he's graduating next year… or this year. So, they're going to go back and win it all next year. So, I hope we can wish them all a big congratulations."

Lou Lang (D)

"Congratulations. Thank you for being in the House chamber with us. Mr. Meier."

Charles Meier (R)

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

Lou Lang (D)

"Proceed, Sir."

Charles Meier (R)

"I would like to welcome Remington Warden, a Page for a day. And she is from Dorsey and her parents, Ron and Nancy, are right up here behind us. And she's in 4th grade and she goes to St. Peter's Lutheran School. She enjoys leadership, art, and P.E. I'd like everybody to give her a welcome for today."

Lou Lang (D)

"Welcome. Thanks for being here. Representative Mah is recognized."

Theresa Mah (D)

"Point of personal privilege." 10000093.docx 4 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 93rd Legislative Day 1/30/2018

Lou Lang (D)

"Please proceed."

Theresa Mah (D)

"Thank you, Mr. Speaker. I would like to bring to the attention to this Body that today, January 30, is recognized in many places around the country as Korematsu Day. In honor of Fred Korematsu, an Asian American civil rights leader, who stood up against the mass incarceration of Japanese Americans during World War II. Last year, this Body passed a Resolution recognizing Korematsu Day in Illinois. This year, another measure is in the process of moving through the General Assembly to recognize Korematsu Day in perpetuity in our state. Fred Korematsu believed very strongly that the imprisonment of Japanese Americans including almost 7… 70 thousand American citizens was wrong. And so, he defied orders to submit to imprisonment and took his case all the way to the Supreme Court. Unfortunately and quite shamefully, the court upheld the decision to imprison Korematsu along with more than 120 thousand other Japanese Americans. But in 1983, his conviction was overturned. And in 1988, those incarcerated under Executive Order 9066 received a formal apology from the US Government. Throughout his life, Korematsu spoke out against injustice and racial discrimination, defended the voices… the voiceless and the vulnerable, and worked in solidarity with groups denied their civil liberties such as Muslim Americans after 9/11. If he were alive today, he would be speaking out vociferously against the idea of a Muslim registry, and he would be a strong champion of immigrants and refugees currently being scapegoated and singled out because of unfounded threats to national security. Today more than ever, we need to be 10000093.docx 5 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 93rd Legislative Day 1/30/2018 reminded of the mistakes of the past. So that we remain vigilant about the need to uphold civil rights, human rights, and in the United States especially, do what we must do to protect our civil liberties. Thank you and I ask for a moment of silence so that we may recognize Korematsu Day and see him as a shining example of the ongoing necessity of fighting for civil rights and civil liberties in our society today. Thank you very much."

Lou Lang (D)

"The Body will take a moment of silence. Thank you, Representative. Chair recognizes Mr. Harris." Harris, D.: "Thank you, Mr. Speaker. It's good to be back. You're looking especially good today. Point of personal privilege, if I may?"

Lou Lang (D)

"Well, if you're going to say nice things to me, you can have a point." Harris, D.: "You know, Ladies and Gentlemen, this is an election year. And in election year we hear about everything that's bad about our state and how the candidate is going to make things better. And I understand that, I've been a candidate and I do that too. But it's also the bicentennial year of… of Illinois. So, I think it's appropriate to say some good things about Illinois and I'd like to do that with my points of personal privilege. And the first thing I want to do is mention that Wisconsin, the State of Wisconsin, has launched an ad to lure Chicago millennials to Wisconsin. And they put a million dollars behind the ad between now and June and they're willing to expand that almost to $7 million on a longterm campaign, a marketing campaign, to lure millennials from Chicago to go north. Now why are they doing that? Because 10000093.docx 6 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 93rd Legislative Day 1/30/2018 Millennials and young professionals want to live in Chicago. And let me quote from you, if I can, from Crain's Chicago Business, Chicago is now the nation's best educated big city. 'The share of Chicagoans over age 25 with bachelor's degree or higher leapt from 29.3 percent in 2006 to 38.5 percent last year. That hike was larger than any of the country's four other most populous cities, New York, Los Angeles, Houston, and Philadelphia, and more than twice the national average. Stunningly, a greater share of adults in Chicago now hold degrees, 38.5 percent, than in New York which is 37 or even the U.S. as a whole which is 31 percent.' So I say to Wisconsin, you've got a great state. Milwaukee and Racine and Madison and Sheboygan and Green Bay, those are all enjoyable places. But my message to our colleagues to the north of the border is, you're wasting your dollars. The millennials and the young professionals want the vitality and creative atmosphere of Chicago. And they may be happy to visit, as your license plate says, America's dairy land, but Chicago in Illinois is the place they want to stay and live. Good for Illinois."

Lou Lang (D)

"Thank you, Representative. A bit of good news. Supplemental Calendar #1, Order of Resolutions. HJR96, Leader Currie."

Barbara Flynn Currie (D)

"Thank you. This is the Resolution that… that provides for the calling of the State of the State tomorrow, the joint Session with the Senate. And I would ask you to adopt the Resolution." 10000093.docx 7 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 93rd Legislative Day 1/30/2018

Lou Lang (D)

"Those in favor of the Resolution say 'yes'; opposed 'no'. The 'ayes' have it. And the Resolution is adopted. The Chair recognizes Representative Manley."

Natalie A. Manley (D)

"Point of personal privilege."

Lou Lang (D)

"Proceed, please."

Natalie A. Manley (D)

"I would like all the Members to wish my… not one of… he's right to the east of me in Lockport. John Connor's birthday is today. I think he's 21. Where'd he go? He just missed his birthday. Happy… well I just wanted to wish him a happy birthday. Where is he?"

Lou Lang (D)

"He's back."

Natalie A. Manley (D)

"There he is. Happy birthday."

Lou Lang (D)

"Don't know what he was doing on his birthday, but he's back. Page 3 of the Calendar, Agreed Resolutions. HJR72, Mr. Pritchard. Proceed, Sir."

Robert W. Pritchard (R)

"Are we going to read it or do I just need to proceed? Mr. Chairmen and Ladies and Gentlemen of the House, like many of you our community college system has been working for the state and for local residences for now a number of years. Kishwaukee Community College in my district is going to be celebrating their 50th anniversary later this month."

Lou Lang (D)

"Mr. Pritchard… Mr. Pritchard, this Resolution relates to Mr. Long."

Robert W. Pritchard (R)

"It does? I thought we passed that months ago."

Lou Lang (D)

"HJR72 is on the Calendar, Sir. Why don't you tell us about Mr. Long?"

Robert W. Pritchard (R)

"Very good. Well, as you know, the former Director of… COGFA has retired and Clayton Klenke is the new Executive Director. But Dan Long was an individual that served the State 10000093.docx 8 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 93rd Legislative Day 1/30/2018 of Illinois in a number of different capacities and retired with distinction. And we wanted to recognize his contributions through this Resolution. Thank you."

Lou Lang (D)

"Thank you, Sir. Those in favor of the Resolution say 'yes'; opposed 'no'. The 'ayes' have it. And the Resolution is adopted. House Resolution 231, Mr. Butler. Out of the record. House Resolution 647, Representative Jimenez. Proceed, please."

Sara Wojcicki Jimenez (R)

"Thank you, Mr. Speaker."

Lou Lang (D)

"Out of the record. House Resolution 666, Mr. Hoffman. Out of the record. House Resolution 679, Mr. Phillips. Mr. Phillips. Also out of the record. Mr. Clerk, Agreed Resolutions."

Hollman

"Agreed Resolutions. House Resolution 679, offered by Representative Phillips. House Resolution 693, offered by Representative Gordon-Booth. House Resolution 695, offered by Representative Kifowit. House Resolution 696, offered by Representative Halbrook. House Resolution 697, offered by Representative Jimenez. House Resolution 698, offered by Representative Jimenez. House Resolution 699, offered by Representative Cabello. House Resolution 700, offered by Representative Durkin. House Resolution 701, offered by Representative Stewart. House Resolution 703, offered by Representative Kifowit. House Resolution 704, offered by Representative Lilly. House Resolution 705, offered by Representative Lilly. House Resolution 706, offered by Representative Brady. House Resolution 708, offered by Representative Costello. House Resolution 709, offered by Representative Carroll. House Resolution 712, offered by 10000093.docx 9 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 93rd Legislative Day 1/30/2018 Representative Davis. House Resolution 713, offered by Representative Davis. House Resolution 714, offered by Representative Lilly. House Resolution 715, offered by Representative Keith Wheeler. House Resolution 716, offered by Representative Carroll. House Resolution 717, offered by Representative Currie. House Resolution 718, offered by Representative Riley. House Resolution 719, offered by Representative Hurley. House Resolution 720, offered by Representative Bellock. House Resolution 721, offered by Representative Bellock. House Resolution 722, offered by Representative Stewart. House Resolution 723, offered by Representative Parkhurst. House Resolution 724, offered by Representative Parkhurst. House Resolution 725, offered by Representative Parkhurst. House Resolution 728, offered by Representative Bennett. House Resolution 730, offered by Representative Bennett. House Resolution 732, offered by Representative McDermed. House Resolution 733, offered by Representative Conyears-Ervin. House Resolution 734, offered by Representative Hoffman. House Resolution 736, offered by Representative Pritchard. House Resolution 737, offered by Representative Riley. House Resolution 738, offered by Representative Flowers. House Resolution 739, offered by Representative D’Amico. House Resolution 740, offered by Representative Swanson. House Resolution 742, offered by Representative Currie. House Resolution 743, offered by Representative Butler. House Resolution 745, offered by Representative Hoffman. House Resolution 747, offered by Representative Brady. House Resolution 748, offered by Representative Batinick. House Resolution 749, offered by 10000093.docx 10 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 93rd Legislative Day 1/30/2018 Representative Sosnowski. House Resolution 750, offered by Representative Bellock. House Resolution 758, offered by Representative Riley. House Resolution 760, offered by Representative Crespo. House Resolution 761, offered by Representative Lang. House Resolution 767, offered by Representative Greg Harris. House Resolution 768, offered by Representative Welch. House Resolution 769, offered by Representative Parkhurst. House Resolution 770, offered by Representative Flowers. House Resolution 772, offered by Representative Unes. House Resolution 773, offered by Representative Durkin. House Resolution 775, offered by Representative Cabello. House Resolution 776, offered by Representative Cabello. House Resolution 777, offered by Representative Gordon-Booth. House Resolution 780, offered by Representative Andersson."

Lou Lang (D)

"Leader Currie moves for the adoption of the Agreed Resolutions. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And Agreed Resolutions are adopted. Ladies and Gentlemen, it is the intention of the Chair to adjourn. Each side is going to caucus: Democrats in 114, Republicans in Room 118. And now, allowing perfunctory time for the clerk, Leader Currie moves that the House stand adjourned until tomorrow, Wednesday, January 31, at the hour of 11:30 a.m. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the House stands adjourned."

Hollman

"House Perfunctory Session will come to order. Introduction of Resolutions. House Resolution 694, offered by Representative Costello. House Resolution 702, offered by Representative Ford. House Resolution 707, offered by 10000093.docx 11 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 93rd Legislative Day 1/30/2018 Representative Arroyo. House Resolution 710, offered by Representative Olsen. House Resolution 711, offered by Representative Lang. House Resolution 727, offered by Representative Barbara Wheeler. House Resolution 729, offered by Representative Bennett. House Resolution 731, offered by Representative Bennett. House Resolution 735, offered by Representative Ford. House Resolution 741, offered by Representative Davis. House Resolution 751, offered by Representative Parkhurst. House Resolution 752, offered by Representative Brady. House Resolution 756, offered by Representative Chapa LaVia. House Resolution 759, offered by Representative Evans. House Resolution 763, offered by Representative Jimenez. House Resolution 764, offered by Representative Zalewski. House Resolution 765, offered by Representative David Harris. House Resolution 766, offered by Representative Meier. House Joint Resolution 87, offered by Representative Costello. House Joint Resolution 90, offered by Representative Meier. House Joint Resolution 91, offered by Representative Bennett. House Joint Resolution 92, offered by Representative Severin. House Joint Resolution 93, offered by Representative Bill Mitchell. House Joint Resolution 94, offered by Representative Jimenez. House Joint Resolution 95, offered by Representative Butler. House Joint Resolution 97, offered by Representative Hammond. These are referred to the Rules Committee. Introduction and First Reading of House Bills. House Bill 4362, offered by Representative Flowers, a Bill for an Act concerning civil law. House Bill 4363, offered by Representative Jimenez, a Bill for an Act concerning finance. House Bill 4364, of Representative 10000093.docx 12 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 93rd Legislative Day 1/30/2018 Davidsmeyer, a Bill for an Act concerning criminal law. House Bill 4365, offered by Representative Fortner, a Bill for an Act concerning finance. House Bill 4366, offered by Representative Durkin, a Bill for an Act concerning State government. House Bill 4367, offered by Representative Barbara Wheeler, a Bill for an Act concerning business. House Bill 4368, offered by Representative Halbrook, a Bill for an Act concerning education. House Bill 4369, offered by Representative Sommer, a Bill for an Act concerning education. House Bill 4370, offered by Representative Hoffman, a Bill for an Act concerning education. House Bill 4371, offered by Representative Martwick, a Bill for an Act concerning finance. House Bill 4372, offered by Representative Breen, a Bill for an Act concerning transportation. House Bill 4373, offered by Representative Breen, a Bill for an Act concerning transportation. House Bill 4374, offered by Representative Breen, a Bill for an Act concerning transportation. House Bill 4375, offered by Representative Breen, a Bill for an Act concerning local government. House Bill 4376, offered by Representative Breen, a Bill for an Act concerning State government. House Bill 4377, offered by Representative Welch, a Bill for an Act concerning transportation. House Bill 4378, offered by Representative Cabello, a Bill for an Act concerning local government. House Bill 4379, offered by Representative Pritchard, a Bill for an Act concerning government. House Bill 4380, offered by Representative Skillicorn, a Bill for an Act concerning animals. House Bill 4381, offered by Representative Feigenholtz, a Bill for an Act concerning 10000093.docx 13 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 93rd Legislative Day 1/30/2018 health. House Bill 4382, offered by Representative Feigenholtz, a Bill for an Act concerning health. House Bill 4383, offered by Representative Feigenholtz, a Bill for an Act concerning public aid. House Bill 4384, offered by Representative Hays, a Bill for an Act concerning gaming. House Bill 4385, offered by Representative Bennett, a Bill for an Act concerning criminal law. House Bill 4386, offered by Representative Bennett, a Bill for an Act concerning public aid. House Bill 4387, offered by Representative Bennett, a Bill for an Act concerning regulation. House Bill 4388, offered by Representative Bennett, a Bill for an Act concerning public aid. House Bill 4389, offered by Representative Bennett, a Bill for an Act concerning employment. House Bill 4390, offered by Representative Willis, a Bill for an Act concerning criminal law. House Bill 4391, offered by Representative McAuliffe, a Bill for an Act concerning transportation. House Bill 4392, offered by Representative McAuliffe, a Bill for an Act concerning health. House Bill 4393, offered by Representative Jesiel, a Bill for an Act concerning regulation. House Bill 4394, offered by Representative Jesiel, a Bill for an Act concerning education. House Bill 4395, offered by Representative Hays, a Bill for an Act concerning government. House Bill 4396, offered by Representative Bennett, a Bill for an Act concerning criminal law. House Bill 4397, offered by Representative Lang, a Bill for an Act concerning education. House Bill 4398, offered by Representative Reis, a Bill for an Act concerning criminal law. House Bill 4399, offered by Representative Reis, a Bill for an Act concerning regulation. 10000093.docx 14 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 93rd Legislative Day 1/30/2018 House Bill 4400, offered by Representative Reis, a Bill for an Act concerning revenue. House Bill 4401, offered by Representative Reis, a Bill for an Act concerning transportation. House Bill 4402, offered by Representative DeLuca, a Bill for an Act concerning courts. House Bill 4403, offered by Representative McDermed, a Bill for an Act concerning safety. House Bill 4404, offered by Representative McDermed, a Bill for an Act concerning regulation. House Bill 4405, offered by Representative D’Amico, a Bill for an Act concerning criminal law. House Bill 4406, offered by Representative Scherer, a Bill for an Act concerning State government. House Bill 4407, offered by Representative Lilly, a Bill for an Act concerning education. House Bill 4408, offered by Representative Arroyo, a Bill for an Act concerning local government. House Bill 4409, offered by Representative Pritchard, a Bill for an Act concerning education. House Bill 4410, offered by Representative Pritchard, a Bill for an Act concerning local government. First Reading of these House Bills."

Bolin

"Introduction and First Reading in full of House Joint Resolution Constitutional Amendment #37, offered by Representative Cabello. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDREDTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend the Illinois Constitution by adding Section 12 to Article IX as follows: 10000093.docx 15 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 93rd Legislative Day 1/30/2018 ARTICLE IX REVENUE SECTION 12. TAXPAYER'S BILL OF RIGHTS (a) This Section shall be construed to reasonably restrain the growth of government. All provisions are self-executing and severable and supersede conflicting provisions of State and local law. Other limits on revenue, spending, and debt incurred by districts may be weakened only by future voter approval. Individual or class action enforcement suits may be filed and shall have the highest civil priority of resolution. Successful plaintiffs are allowed costs and reasonable attorney fees, but a district shall not be allowed those costs and fees unless the suit against it is ruled frivolous. Revenue collected, kept, or spent illegally since 4 full fiscal years before a suit is filed shall be refunded with 10% annual simple interest from the initial conduct. Subject to judicial review, districts may use any reasonable method for refunds under this Section, including temporary tax credits or rate reductions. Refunds need not be proportional when prior payments are impractical to identify or return. When annual district revenue is less than annual payments on general obligation bonds, pensions, and final court judgments against the district, subsections (b) and (d) shall be suspended to provide for the deficiency. (b) Beginning on January 1 of the first calendar year after this Section takes effect, districts must have voter approval in advance to: (1) except as provided in subsection (a) or subsection (c), enact any new tax or tax rate increase, extend an 10000093.docx 16 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 93rd Legislative Day 1/30/2018 expiring tax, or implement a tax policy change directly causing a net tax revenue gain to any district; and (2) except for refinancing indebtedness of the district at a lower interest rate or adding new employees to existing district pension plans, issue bonds or other evidences of indebtedness that mature after the last day of the fiscal year in which they are issued without adequate present cash reserves pledged irrevocably and held for payments in all future fiscal years. (c) Notwithstanding the provisions of subsection (b), a district may impose emergency taxes, subject to the following conditions: (1) in the case of emergency taxes imposed by the State, a 2/3 majority of the members of each house of the General Assembly must declare the emergency and impose the tax by separate recorded roll call votes; (2) in the case of emergency taxes imposed by a unit of local government or school district, a 2/3 majority of the governing body of the unit of local government or school district must declare the emergency and impose the tax by separate recorded roll call votes; (3) emergency tax revenue shall be spent only after emergency reserves are depleted and shall be refunded within 180 days after the emergency ends if not spent on the emergency; (4) a tax not approved on the next election date 60 days or more after the declaration shall end with that election month; and (5) emergency property taxes are prohibited. 10000093.docx 17 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 93rd Legislative Day 1/30/2018 (d) Each district shall reserve 3% or more of its fiscal year spending, excluding bonded debt service, to be used for declared emergencies only. Unused reserves may be applied to the next year's reserve. (e) The maximum annual percentage change in State fiscal year spending equals inflation plus the percentage change in State population in the prior calendar year, adjusted for revenue changes approved by voters after the effective date of this Section. Population shall be determined by annual federal census estimates, and such number shall be adjusted every decade to match the federal census. The maximum annual percentage change in each local district's fiscal year spending equals inflation in the prior calendar year plus annual local growth, adjusted for revenue changes approved by voters after the effective date of this Section and reductions otherwise required under this Section. The maximum annual percentage change in each district's property tax revenue equals inflation in the prior calendar year plus annual local growth, adjusted for property tax revenue changes approved by voters after the effective date of this Section and reductions otherwise required under this Section. If revenue from sources not excluded from fiscal year spending exceeds these limits in dollars for that fiscal year, the excess shall be refunded in the next fiscal year unless voters approve a revenue change as an offset. Initial district bases are current fiscal year spending and property taxes collected in the first year after this Section takes effect. Future creation of district bonded debt shall increase, and retiring or refinancing district bonded debt shall lower, fiscal year 10000093.docx 18 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 93rd Legislative Day 1/30/2018 spending and property tax revenue by the annual debt service so funded. Debt service changes, reductions, refunds, and voter-approved revenue changes are dollar amounts that are exceptions to, and not part of, any district base. Voter-approved revenue changes do not require a tax rate change. (f) Referenda under this Section shall be decided at a general or consolidated election. At least 30 days before an election at which a referendum under this Section will appear on the ballot, districts shall mail at the least cost, and as a package where multiple districts with referenda overlap, a notice addressed to "All Registered Voters" at each address of one or more active registered electors. The notice must contain the following title: "NOTICE OF ELECTION TO (INCREASE TAXES)(INCREASE DEBT)." In addition to the title, the notice shall include only the following information: (1) the election date, hours, ballot title, text, and local election office address and telephone number; (2) for proposed district tax or indebtedness increases, the estimated or actual total of district fiscal year spending for the current year and each of the past 4 years, and the overall percentage and dollar change; (3) for the first full fiscal year of each proposed district tax increase, district estimates of the maximum dollar amount of each increase and of district fiscal year spending without the increase; (4) for proposed district indebtedness, its principal amount and maximum annual and total district repayment cost, 10000093.docx 19 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 93rd Legislative Day 1/30/2018 and the principal balance of total current district indebtedness and its maximum annual and remaining total district repayment cost; and (5) two summaries, up to 500 words each, one for and one against the proposal, of written comments filed with the election officer by 45 days before the election; no summary shall mention names of persons or private groups, nor any endorsements of or resolutions against the proposal; petition representatives following these rules shall write this summary for their petition; the election officer shall maintain and accurately summarize all other relevant written comments. Except by later voter approval, if a tax increase or fiscal year spending exceeds any estimate in item (3) of this subsection for the same fiscal year, the tax increase is thereafter reduced up to 100% in proportion to the combined dollar excess, and the combined excess revenue refunded in the next fiscal year. (g) As used in this Section: "District" means the State, any non-home rule unit of local government, and any school district. "Emergency" excludes economic conditions, revenue shortfalls, or district salary or fringe benefit increases. "Fiscal year spending" means all district expenditures and reserve increases except, as to both, those for refunds made in the current or next fiscal year or those from gifts, federal funds, collections for another government, pension contributions by employees and pension fund earnings, reserve transfers or expenditures, damage awards, or property sales. 10000093.docx 20 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 93rd Legislative Day 1/30/2018 "Inflation" means the percentage change in the Consumer Price Index for All Urban Consumers as issued by the United States Department of Labor. "Local growth" for a non-school district means a net percentage change in actual value of all real property in a district from construction of taxable real property improvements, minus destruction of similar improvements, and additions to, minus deletions from, taxable real property. For a school district, it means the percentage change in its student enrollment. SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act. This has been a First Reading in full of House Joint Resolution Constitutional Amendment 37. There being no further business, the House Perfunctory Session will stand adjourned." 10000093.docx 21