"House Perfunctory Session will come to order. Committee Reports. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules reports the following committee action taken on April 18, 2018: recommends be adopted, referred to the floor is Floor Amendment 1 to House Bill 4689, Floor Amendment 2 to House Bill 4855, Floor Amendment 1 to House Bill 4922, Floor Amendment 1 to House Bill 4923, Floor Amendment 1 to House Bill 4944, Floor Amendment 2 to House Bill 4990, Floor Amendment 1 to House Bill 5104, Floor Amendment 2 to House Bill 5741, Floor Amendment 1 to House Bill 5770, Floor Amendment 1 to House Bill 5778, Floor Amendment 1 to House Bill 5784, Floor Amendment 1 to Senate Bill 351. Committee Report. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules reports the following committee action taken on April 18, 2018: recommends be adopted, referred to the floor is Floor Amendment 2 to House Bill 5573."
"The House will be in order. We shall be led in prayer today by Presiding Elder Elaine Gordon who is with South District Indiana Conference AME Church in Indianapolis. Reverend Gordon is the guest and stepmother of Representative Gordon-Booth. Members and guests are asked to refrain from starting their laptops, turn off all cell phones and rise for the invocation and Pledge of Allegiance. Elder Gordon."
"Let us pray. Spirit of the living God, we ask Your blessings on those whom You called, those we have elected to lead the State of Illinois. Help them, as our Leaders, not to ask first how do we fix this? Instead let us ask what do we need to learn? How might we need to change? And to whom do 10000118.docx 1 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 we need to listen? Remind them because it is easy to forget given the noisiness of what poses and passes as political debate in today's world. Remind them, oh God, that they have been elected to be servant leaders and that it is their responsibility and ours to serve the common good. Remind them that no matter where we live everyone, gay, straight, transgender, black or white, Hispanic or Asian, Muslim, Jew, Hindu, Sikh, or atheist is our neighbor, our sibling. And that throughout the ages prophets have called the leaders of the people to respect and protect the least of those among us, our children, the elderly, the poor, those who are hungry, those who have no homes, those who are ill in body, mind or spirit, the strangers and immigrants in our midst, those who live on the margins, those who are alone, those who are forgotten. Grant them and us the wisdom and courage to know and to do what is right and good and true. May they and we speak out when it is time to speak out and listen patiently and receptively when it is time to listen. May they and we always be guided by the spirit of community, by the spirit of justice, by the spirit of love. Spirit of the living God, fall fresh. Spirit of the living God, melt us. Spirit of the living God, mold us. Spirit of the living God, fill us. Spirit of the living God, use us, not just today but every day, Amen, Amen."
"Be led in the Pledge by Mr. Severin."
"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." 10000118.docx 2 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"Roll Call for Attendance. Leader Currie."
"Thank you, Speaker. Please let the record show that Representatives Gabel and Stratton are excused today."
"Mr. Wheeler." Wheeler, K.: "Thank you, Mr. Speaker. Please let the record reflect that Representative Sosnowski is excused today."
"Mr. Clerk, please take the record. There are 114 Members present and the House does have a quorum. Mr. Pritchard is recognized."
"Thank you, Mr. Speaker. For a point of personal privilege?"
"Please proceed, Sir."
"Ladies and Gentlemen, I'd like to draw your attention to the gallery, over on the Abraham Lincoln side, where I have 10 of my outstanding high school juniors, seniors, and 1 sophomore. Who have come down to the Springfield for the last two days to watch our operation, to visit with many of us, and to become future leaders in our community. Please welcome them."
"Welcome and thank you for joining us in the House chamber. Mr. Butler."
"I hate to step on the toes of the toes of the Gentleman of the 53rd District, but a point of personal privilege to say something celebratory about the State of Illinois, please."
"Please do, Sir."
"Thank you, Mr. Speaker. Today is a great day in the history of the State of Illinois. On April 18, 1818, it was the date that President James Monroe signed the legislation 10000118.docx 3 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 moving Illinois forward to statehood. The Federal Legislation set the boundaries of what is now the State of Illinois and outlined the parameters of electing delegates and calling our First Constitutional Convention. The issue is not new. In fact, the Bill to allow Illinois statehood was first introduced in 1812. By 1818, with concerns over the pending statehood of Missouri potentially coming into the Union as a slave state, our predecessors, the Illinois Territorial Assembly, formally petitioned Congress on January 16, 1818, for Illinois statehood. The Illinois Assembly knew well the required population for admittance was 60 thousand yet we had approximately 36 thousand and that did not deter them. Our Territorial Delegate Nathaniel Pope led the charge on Capitol Hill, introducing the Enabling Act in the 15th Congress. The Act which would become law exactly 200 years ago today. Much discussion was made about the proposed northern boundary of this new state. Originally it was placed the same as Indiana's northern border which is 10 miles north of the southern tip of Lake Michigan. Delegate Pope pushed to give us greater access to Lake Michigan and was successful in moving the boundary approximately 41 miles to what we have today. So instead of the northern border of our state being at approximately 75th Street it was moved to what is now Winthrop Harbor. Our entire northern tier of counties from Jo Daviess east to Lake and a good chunk of the tier counties just to the south can thank Nathaniel Pope for the fact you are citizens of the Prairie State and not the Badger State. With this legislation enacted, statehood efforts quickly progressed in 1818. In July delegates to our First 10000118.docx 4 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 Constitutional Convention were elected. In August the Constitutional Convention was held. And the first General Assembly was held in October in advance of statehood on December 3. In this Bicentennial year, I would ask that we look back on our history about the good things in this state that make us Illinois proud. Thank you, Mr. Speaker."
"Thank you very much. Mr. Sommer is recognized."
"Thank you, Mr. Speaker. Point of personal privilege."
"Proceed, Sir."
"Ladies and Gentlemen, I'd like to introduce two young ladies to the chamber today. Down front are my two Pages, Annelise Heppe and Grace Drews. They are both students at Bethel Lutheran School in Morton. And Annelise's mother, Alyssa is in the gallery, as well as, Grace's father, Mark. Please welcome them to the chamber today. Thank you."
"Welcome. Thank you for being with us today. Representative Feigenholtz."
"Thank you, Mr. Speaker. I, too, rise on a point of personal privilege…"
"Please proceed."
"…and great pride today. In the gallery, I am joined by Marybeth Johnson, who is the Vice President of Government Relations from Lincoln Park Zoo. She's here with Karen Everingham, who's the President of the Illinois Association of Museums; Perri Irmer the President of DuSable Museum representing Museums in the Park, and Beth Dunn from Chicago Botanical Garden. I'm very fortunate I have some amazing places in my district. One, of course, is the Lincoln Park Zoo, which this year is celebrating 150 years of dedication 10000118.docx 5 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 to connecting people with nature and providing free family- oriented wild life experiences in the heart of Chicago along the lake front and really is at the forefront of advancing the highest quality animal care, education, science and conservation. I am proud to say that Lincoln Park Zoo is a completely free zoo open to the public. You don't need to check in. You don’t need to get a ticket. Anyone can just walk through the gates for a quick stroll or just to spend the entire day there. It's the only… it's the nation's only free privately managed zoo, home to 1100 mammals, birds, reptiles and amphibians. And this is, again, a celebration of pride to have this world class zoo in my district and I hope that everyone will join me. I have filed House Resolution 964 in honoring the 150th anniversary. Let's give them a great House welcome."
"Welcome to the chamber. Mr. Clerk, why don’t we put House Resolution 964 on the board. Representative Feigenholtz, I presume you just explained the Resolution, correct?"
"That is correct."
"Those in favor of the Resolution say 'yes'; opposed 'no'. The 'ayes' have it. And the Resolution is adopted. Thank you, Representative. Did you have more to say, Representative?"
"Please add Members of this chamber to that Resolution."
"Representative Feigenholtz moves that all Members be added as a cosponsor. Is there leave? Leave is granted. 10000118.docx 6 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 All Members will be added as a cosponsor to that Resolution. Mr. Skillicorn is recognized."
"Point of personal privilege, Mr. Speaker."
"Proceed, Sir."
"Today I am very excited to have the privilege to give a shout-out to the Illinois homeschool educators that are here. Yes, today is cherry pie day. So Legislators that get a cherry pie remember that these people come here because we grant them the freedom to educate how they wish. And we want to thank them for their presence here but also thank them for their civic involvement."
"Thank you, Sir. Mr. Harris to tell us what's right about Illinois." Harris, D.: "Well, thank you, Mr. Speaker. And I rise on a point of personal privilege."
"You may proceed." Harris, D.: "And we've heard some good news already from the Gentleman from the 87th District. I'd just like to point out that the 2018 listings for the best elementary, middle and high schools in America were released recently. And despite all of the state's budget and funding woes, Illinois high schools did well taking the top three spots on the best public high schools in America. I'd like to single out some of them: number one, the Walter Payton College Prep in Chicago; number two, the North Side College Prep High School in Chicago; number three, Adlai Stevenson High School in Lincolnshire; number five was the Illinois Math and Science Academy, of course, in Aurora; number six, we go back to Chicago with the Young Magnet High School; number 20 on the list was the New 10000118.docx 7 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 Trier Township High School; and number 24 was the Hinsdale Central High School in Hinsdale. So our young people in this state are indeed getting a quality education. Thank you."
"Thank you, Sir. We appreciate your comments. Mr. Demmer is recognized."
"Thank you, Mr. Speaker. Point of personal privilege."
"You may proceed, Sir."
"Before you enjoy your cherry pie, you might want to have a little lunch. And if you haven't smelled it yet, you should be informed that there's Poe's chicken just behind the chamber here. All Members are welcome to enjoy that courtesy of our friends at Molina Healthcare. Please help yourself."
"Thank you very much. Representative Hammond is recognized."
"Thank you, Mr. Speaker, for an announcement."
"Proceed."
"On the subject of food, the Illinois Agribusiness including the Illinois Fertilizer and Chemical Association, Grain and Feed, and Illinois Seed Trade Association will be sponsoring breakfast tomorrow morning at the Sangamo Club. They had originally scheduled it for 7:30, but the good news is you get up even earlier they will start serving at 7:15 to accommodate any 8:00 meetings and committees. Thank you, Mr. Speaker."
"Thank you very much. Mr. Costello."
"Thank you, Mr. Speaker. Point of personal privilege."
"Go right ahead, Sir."
"I'd like to introduce Conor Gross who's with me today as my Page for the day. He's from Du Quoin, Illinois. Conor’s 10000118.docx 8 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 quite a fine young man. His father, Josh Gross, is the Perry County Clerk. He's here with us. His mother, Lisa, and grandparents and his sister. So can we give him a Springfield welcome, please."
"Welcome to the House chamber. We're very, very happy to have you here. Mr. Bennett."
"Thank you, Sir. Point of personal privilege, please?"
"Please proceed."
"Thank you. I have with us today another Page for the day. This young gentleman is Noah Burger from Watseka, Illinois. He's a senior at the Watseka High School. And we're really glad to have Noah with us today. Could we give him a round of applause, too, please?"
"Glad you're with us. Thank you. Enjoy your day. Mr. Sauer."
"Thank you, Mr. Speaker. A point of personal privilege please?"
"Go ahead, Sir."
"I would ask the Body to please rise. Yesterday our nation lost a hero, a woman of immense character, someone that actually ever since I was a little guy I looked up to in a lot of ways, and that is former First Lady Barbara Bush. She was 92 years old. She and her husband were married for 73 years. I recently read that Mrs. Bush and former President Bush, after they left the White House, raised over $1 billion for charities worldwide. She was a pistol of a person. She worked tirelessly for literacy. And I think she was an outstanding American and First Lady. And I would just ask the Body to remember her, to remember her family, to remember her 10000118.docx 9 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 husband and honor them today at the loss of Barbara Bush. So with that, I’d ask for a moment of silence."
"Thank you, Representative. Representative Gordon- Booth is recognized."
"Thank you, Mr. Leader. A moment of personal privilege, please?"
"Proceed."
"If the… if the Illinois Principals Association could please stand, I'd like to honor you. Today in the gallery and on the floor we have individuals who are coming down to Springfield to work on behalf of the children across the state. We have the Illinois Principals Association and by far my favorite Principal in Illinois, my brother-in-law Daniel Booth, who is right here to my right. Daniel is currently the Principal at Carbondale High School. And actually this fall he's going to be one of the youngest Superintendents in the State of Illinois as the Superintendent of Carbondale Elementary School. But with the Illinois Principals Association organization toady we have with us Pat Leonard, Tom Webb, Chris Tennyson, Mary Bicknell, Bridget Belcastro, Casey Wills, as well as Alison Maley who was a mainstay in the Capitol. I want to thank you all for being here today. And if we could give them a warm Illinois General Assembly welcome, that would be appreciated. Thank you."
"Thank you, Representative. And thank you for joining us today. Mr. Davidsmeyer."
"Thank you, Mr. Speaker. Point of personal privilege." 10000118.docx 10 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"Please proceed."
"As you can tell, it's an incredibly busy day today at the Capitol. There's a lot of people, a lot of young people running around. And we had the individuals from the electric co-ops this morning. But we also have some special friends of mine from Jacksonville from the Illinois School for the Deaf and Illinois School for the Visually Impaired. I'd like to welcome my friends from ISD, Illinois School for the Deaf; Valerie Eyer, Garrith Daly, Jadyn Roebuck, Allicia Hallom, Joseph Coleman, Jermaine Williamson, Isaiah Mirhiwe… I'm sorry I'm going to mess up your last name… John Mahirwe, Samantha Wells, Aleah Ayars, Andre Esquedaro, Eve Harris. And I have members of the staff: Carolyn Eirling, Allison Fraas, Nicole Frye, Kathy Mansell, Stephanie Ortman, and Lacy Kennedy. And then I want to introduce my friends from ISVI, the Illinois School for the Visually Impaired. Got my friends: Tori Lynch, Lindsay Bates, Faye Simokaitis, Isaiah Zadnichik. I have Alayna Lopez, Makayla Wiseman, Kaitlyn Ryan, Alyssa Root. And from staff: Darla Chambers, Cindy Miller, Barb French, Aimee Vieth, and Jasmine Wells. If we could give them a warm Springfield welcome. There are… there are some of these… these kids are from throughout the State of Illinois. So if you have a… a student here today, I will be looking for you. Thank you."
"Great to have you with us today. Enjoy your day in Springfield. Mr. Costello."
"Thank you, Mr. Speaker. If I could have the Body’s attention. Representative Sauer, just a few minutes ago, spoke about the Bush family and their charitable giving. It 10000118.docx 11 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 brought to my mind the fact that I think we're all aware of Representative Sauer's dresses very dapper, you know, he's with a lot of trends. He's a super guy. But something that came to my mind is the fact that I believe a couple of weeks ago he shaved his head. And the reason that he did this is to bring attention to children's cancer research. And it's for Saint Baldrick's, I believe? Is that correct, Representative? So if we could all give him a hand. I think this is the second or third time he's done it. Nick, thank you very much. And it's people like you who make a difference. There's a lot of people that talk but actions speak louder than words. So thank you for what you do for cancer research."
"Thank you, Mr. Costello. And Mr. Sauer, thank you for what you do for all of us. Mr. Davis is recognized."
"Thank you very much, Mr. Speaker. I'd be remiss as the chair of Appropriations Committee not to revisit Representative David Harris and the list of high schools that he indicated had made a fantastic list of top preforming high schools here in the State of Illinois and their comparison to schools across the country. And while I can't speak for schools… the other schools on the list that are not here in the State of Illinois, the consistent theme of many of the schools that he mentioned on his list is that they are very well-funded schools which gives them the ability to be and to rank high on that list. So I simply say that to say that money does matter."
"Ladies and Gentlemen, Members, we're going to go back to first priority Bills on Third Reading. First priority Bills on Third Reading. The first Bill on the list is House 10000118.docx 12 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 Bill 4413, Representative Ammons. Representative Ammons. Out of the record. Representative Ammons, do you wish to move your Bill? Mr. Clerk, please read the Bill."
"House Bill 4413, a Bill for an Act concerning public employee benefits. Third Reading of this House Bill."
"Representative Ammons."
"Thank you. This Bill… I believe there's a note on this Bill still. Is that correct?"
"Bill's on Third Reading, Representative."
"Oh, thank you. I'm sorry. Left my glasses, can't see a thing. This Bill is a transparency Bill asking for all of the public pension funds to livestream for the annuitants, and the general public, their medians. And I ask for an 'aye' vote."
"Mr. Breen."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, why… I see a lot of opponents including the AFFI. So the firemen are opposed. The Fraternal Order of Police are opposed. The Municipal League is opposed. Why are they opposed to… to your measure?"
"I can't answer to why they are opposed, as no one testified in committee in opposition. The only thing that was brought to my attention is maybe some smaller pension funds that may not be able to use, even free, broadcasting streams. For whatever reason, they may not be able to use those services in places where Internet is a little spotty."
"Wait, so this… All right. So, I understand the large systems that the state has, but this would actually apply to, 10000118.docx 13 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 you know, the over 600 or so every little municipal fire and police pension fund. Every single one would have to do this now?"
"It would apply to all public pension funds. As we are a public Body in the General Assembly required to livestream our meetings, all public bodies that deal with public funds should also do the same."
"But is that I guess… so you haven't talked to anyone who is opposed to your Bill?"
"I have talked to the AFFI, who mentioned that they were concerned about the smaller pension funds, but I had not received any language or anything as of the time of committee or since."
"Fair enough. So the concerns of the opponents are that the… again, we’ve got 660 or more pension funds in Illinois. Some of them are very small they don't have the capacity to do a proper, you know, simulcast of their meetings, et cetera. So that is their concern."
"I think there’s a distinction that is between simulcast. That's a different operation than livestream. Livestream can be done on multiple free platforms in this technological age and they already currently exist."
"And then there was some issue about archiving and a grace period before implementation."
"There's no archiving requirement in this Bill."
"Well, they need to maintain it in real-time on the retirement funds website… the retirement system’s website. So that's…"
"Yeah. It's just…" 10000118.docx 14 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"They have to be maintained permanently then."
"It's just in… it doesn't have to be maintained. It has to be shown in real-time, meaning livestream. There's no data requirement, maintenance or keeping at all of any of the livestream."
"And so… Okay. So, they… pension fund or what have you could use, for instance, Facebook live…"
"They can."
"And they're not…"
"They can use Facebook free, YouTube. They can use any service that’s free or they can buy a simulcast system, if they want."
"And it's all right if on the website they link to or imbed in some way the Facebook video? ‘Cause it says it's got to be on the website of the fund."
"Yes. They can link it just like a hyperlink that we do today for any other streaming service."
"What if they don't even have a website?"
"I have not seen anyone come to me and say they don't have a website."
"Fair enough. Thank you for the answers to my questions."
"Thank you."
"Mr. Morrison."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Thank you, Mr. Speaker. Representative Ammons, so what if there's a… I mean, you probably live in an area where there's, you know, there's adequate Internet connection. I live in an area where there's adequate Internet connection. 10000118.docx 15 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 But wherever the meeting is being held, if there's a technical breakdown how would the… how would the people conducting the meeting know whether or not the stream is still going, if there has not been an interruption?"
"That has not been an issue raised. As with livestream for the General Assembly, that is sometimes not reliable, there is no enforcement in this Bill. They are to livestream based on the capabilities that they have. And we did not instruct them how to or what service or what technology to use. It is completely up to them."
"Okay. All right. I think, first of all, it's a good thing that there is no penalty or something like that, but I think there are some technical hurdles that would have to be overcome. Sorry. Mr. Speaker, to the Bill. So we discussed this Bill in committee, and while we all want transparency, one of the things I raised I would love to see consolidation of a lot of these pension funds. We've got over 600. If we were to consolidate a lot of these, so that we're only dealing with handful of pension funds for the entire State of Illinois, it would be a lot easier to implement this policy so that we can have more transparency on the process. But until that happens, I think there are some problems with this Bill. And for that reason, I would urge a 'no' vote."
"Mr. Skillicorn."
"Well, thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"I just have a couple questions. And this applies to every pension fund, across the State of Illinois. So not just 10000118.docx 16 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 the five the state manages but every village, all the firefighters, all the police officers, right?"
"Public pension funds. If they are a considered public pension fund it applies to them."
"And can you share a little example of how you imagine this working. I mean, let's not worry about the five big ones here but just like a small pension fund, like a small firefighter or police. How would that work? I mean, could you give us… paint the picture of what would happen during their meeting?"
"My obligation is not to tell you how it will work in their meetings for which I don't attend. My obligation is to make sure that public pension funds that use public dollars are transparent and available to the public. So they can do it however they want. They can use a smartphone and go on Facebook live, as far as I'm concerned."
"Thank you, Representative. To the Bill. I love the idea that the Representative just mentioned that using public funds. Let's make this transparent. Let's protect pensioners. Let's protect the average police officer and firefighter or teacher, et cetera, that this is transparent. That we have some accountably and they can see this. I like this Bill. I like this Bill a lot. And I’m going to encourage my colleagues to vote for it. Thank you."
"Mr. Wheeler." Wheeler, K.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." Wheeler, K.: "Representative, I'm looking through the language here and I just want to make sure I understand one part of 10000118.docx 17 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 this. It says that the… near the end of the Section I’m reading, a retirement system or pension fund must make audio and video available for a meeting broadcast and maintained under this subsection. Can you help me to understand what maintained is referring to?"
"Just on their website. Whatever website they utilize, they can put it there." Wheeler, K.: "But if it's maintained that means it's stored."
"It’s maintained as a person can click on livestream the way we currently do for the General Assembly. That's what we mean by maintain." Wheeler, K.: "So if I wanted to do… I want to make sure I understand this. If my pension fund were to want to do a livestream via Facebook live, that would… the intention of the Bill is that, if I understand you right. However, then they’re going to create a link from the website that represents that particular pension fund and then they got to…"
"Sure." Wheeler, K.: "That's going to happen at the beginning of the meeting then, right?"
"Sure." Wheeler, K.: "So almost instantly?"
"Yeah. I mean, I currently do it on my website. So I just link to whatever I'm doing live straight on my website." Wheeler, K.: "Okay. So, we're going to have… one person is going maintain it and then the other part of this is they’re going to maintain that link for the duration of the meeting or when does that maintenance stop?" 10000118.docx 18 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"There is no… there’s no time frame in this Bill to tell them how long they can keep it or have to keep it whatsoever." Wheeler, K.: "Well, I guess that's why maintain is my concern there 'cause I just… that can interpreted by some to mean they have to maintain it permanently and therefore, now you have an obligation to store that indefinitely. And I guess that's where I look at this differently. I like the theory of the Bill. I like where you're going with transparency. Big supporter of that. I just think that this is going to be interpreted as a mandate that's going to require more than we're trying to do here. So with that I just wanted to bring those to the record. Thank you."
"Thank you."
"Representative Ives."
"Thank you, Mr. Speaker. To the Bill. You know, obviously we need transparency when it comes to our local pension funds. If you guys have not been following the story in Harvey, Illinois, then I think you should. I mean, this is the first pension fund that called for the Comptroller to intercept state revenues to pay underfunded pensions. This is a contagion that's going to take over the entire State of Illinois. And you know, over 400 of the 600 pension funds failed to put in the required amount last year alone. We now have an intercept where they can intercept 100 percent of the underfunding. East St. Louis has already said in their budget documents they're ready to intercept $4.4 million, if not more. But I'll tell you what, I'm not sure that this Bill solves that issue. I honestly don't think that people are going to pay attention to this at the local level. It's got 10000118.docx 19 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 to come from the state level. Reform has to come from here, from this Body and we've ignored it time and time again. I do find the Bill quite vague to some degree. I don't know exactly what it means that you have to maintain this. It doesn't actually know… tell you what type of system, audio or video, that it has to be maintained by. It is definitely an unfunded mandate on your local pension systems. But there is nothing more important than the public paying attention to this debacle. Downstate has a $10 billion unfunded pension liability and the note is coming due. Chicago has a worse funding system. Police and fire are at 20 percent funded… 20 percent funded. So there's no doubt that people need to start paying attention to this. I honestly don't think that they're going to spend their time listening to the pension fund meeting at the local area. They're expecting politicians at this level to help solve this problem and quite frankly, we're the ones who have to solve it. But instead of doing the real work to solve the pension crisis, we're passing meaningless Bills, like this one, off of the floor. Now I find it also problematic that I tried to add a lot of transparency to what was included on websites for the public to know. And that did not even include video or audio transmission of meetings. It included a large database of information that the public should know about. And while this Body passed that legislation to the Senate, the Senate killed it, not just one year but two years. And the reason being, well, we just can't subject people to this type of unfunded mandate especially those that do not have the wherewithal to put this on a website. And in fact, I was told many of these places do not have a website. 10000118.docx 20 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 So it's a very difficult vote… vote here. You want to have the transparency, but looking at this Bill, it's almost unrealistic to expect that some of the smallest pension funds have the capability to store and maintain and then make available to the public. Despite how easy it is to record, the maintenance of the information is far more difficult. So, for that reason, I'm going to vote 'no' on this Bill, but it's not because we don't need transparency. We need a lot more of it. And we also need to do the real work of actually solving the local pension problem in the State of Illinois because it is bleeding people out of this state because their property taxes are escalating to pay somebody else's pension. Thank you."
"Mr. Hays."
"Mr. Speaker, is this Bill on Short Debate?"
"This Bill is on Short Debate."
"Well, yesterday Short Debate was defined as two speakers and my friend Representative Reick could not speak on a Bill that was pivotal to his county. Today Short Debate means half the people in the chamber get to speak. Now which is it?"
"It's the first Bill of the day, Sir. I'm letting people speak a little bit, prerogative of the Chair. Do you wish to speak on this Bill?"
"I do not, but I appreciate the vagueness of your answer."
"Thank you, Sir. Mr. Wehrli."
"Thank you, Mr. Speaker. To the Bill. I'm going to disagree with the Representative from Wheaton that a small step doesn't… one small step with multiple steps after that don't lead to one large step. This is absolutely a small step 10000118.docx 21 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 in the right direction. This Bill provides transparency to these pension systems. The technology exists today to enable this. We all, on this House Floor, probably have one of these. You can Facebook live it. You can then archive it on Facebook live or you can archive it on YouTube. If you need to set up a website, they are extremely economical; you can get one for less than a hundred bucks a year. So the technology exists. This moves us in the right direction to avoid some of those long-term implications of mismanagement. Does it go far enough? Probably not. Is it a absolutely a step in the right direction? It is. I thank the Sponsor for bringing this Bill forward. There's a collaborative effort to move things in right the direction. I strongly urge an 'aye' vote."
"Representative Ammons to close."
"Thank you, Mr. Speaker. And to all the speakers, thank you very much for your consideration of this Bill. My intention certainly is to work with my Senate Sponsor. If others bring smaller provisions that they are concerned about, the small police and fire, we are certainly open to working in our Senate to address that concern. With that, I ask for an 'aye' vote on this Motion."
"Those in favor of the Lady’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? Please record yourselves, Members. Andrade, Mayfield. Mr. Clerk, please take the record. On this question, there are 71 voting 'yes', 39 voting 'no', 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby 10000118.docx 22 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 declared passed. House Bill 5760, Representative Bristow. Please read the Bill, Mr. Clerk."
"House Bill 5760, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Representative Bristow."
"Thank you, Mr. Speaker. HB5760 is similar to what… to HB643 that Representative Stuart introduced last year and was passed. This keeps the FY… full year… fiscal year ‘19 Member mileage and per diems at the same flat rate and states that there will be no COLA for the next fiscal year to Members of the General Assembly, State's attorneys, constitutional officers of the Executive Branch, or appointed positions such as agency directors or deputy directors. I… I think this is good government. And I encourage a 'yes' vote."
"Mr. Breen."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, I'm looking at your Bill. Can I ask you a question?"
"Sure."
"Why are we getting paid for mileage or per diem at all?"
"'Cause it is quite costly for all of us. Most of us travel quite a ways to get this. And I do believe that that is fair compensation."
"But why exactly 39 cents? I mean, I know the IRS rate is somewhere around 54 cents…"
"Because that's the standard IRS rate. I’m sorry."
"Well, the standard IRS rate’s around 54 cents…"
"Because that's the standard…" 10000118.docx 23 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"…fifty-three… fifty-four."
"That's the standard that this Body has set since 2011."
"Well… this Body does a lot of dumb things. So, but why… why should we leave it this year?"
"I'm sorry, Representative? I didn't hear you."
"This Body does a lot of dumb things. So why should we leave it at that level for this year?"
"It's about saving taxpayer dollars."
"But then why shouldn't it be 38 cents? That would save a lot of money."
"It would save money, but…"
"That's a penny a mile per Member."
"…I'm keeping it… I'd like to keep at 2011 rates, please."
"2011. Didn't you all raise taxes on us in 2011 or was… was that a little earlier?"
"I did not, Sir."
"Okay. I thought my taxes went up in 2011. So…"
"They may have, Sir, but I just started four months ago today."
"And this is your first Bill, isn't it?"
"It is."
"It is your first Bill. Now tell me about your Section 6.6 about FY19 COLAs prohibited. Who exactly is covered by the COLA prohibition?"
"Members of the General Assembly, state agency directors, constitutional officers of the Executive Branch or appointed positions such as agency directors or deputy directors."
"Now is there… State's attorneys are in there too?" 10000118.docx 24 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"I don't believe they are… yes, they are."
"Now, do they have a position on your Bill?"
"They have not taken a position."
"Did you ask them for a position on the Bill?"
"I did not."
"So why do we even have COLAs? Why don't you just abolish them?"
"State and court law, Sir."
"What's that?"
"State and court law."
"Right. But your… if you can prohibit them, why don't you just prohibit them flat out, permanently?"
"I believe it's in the Constitution, Sir."
"Well, wait. If it's in the Constitution, how are you prohibiting them at all?"
"I'm sorry, Sir?"
"How do you prohibit a COLA for FY19…"
"Through this Bill, Sir."
"…if it's allegedly in the Constitution?"
"Through this Bill, Sir."
"Right. But why don't you prohibit all of them? If COLAs are a bad idea and we haven't had a COLA since well before either of us began serving…"
"I will take on changing the Constitution next year when I have a little more experience under my belt."
"Well, no. But I mean, why not just ban COLAs all outright? I mean, we have to come back every year and run a Bill…" 10000118.docx 25 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"We… hopefully we won't. Hopefully if this Body and the Senate gets its act together, we will be able to have our revenue exceeding expenditures and we'll all get raises."
"I don't know that you were supposed to go on record as saying every Member of the General Assembly should get a raise."
"I do believe…"
"Because usually the person who is chosen on your side of the aisle to run this Bill has a bit of an issue coming up in November. So… but I thank you for the answers to my questions and I will obviously very much be supportive of your Bill. Thank you."
"Thank you, Representative."
"Representative Bristow to close on her very first Bill."
"I thank Members of the General Assembly in advance for letting my first Bill pass and… and that we will not get raises this year."
"Those in favor of the Lady’s very first 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? Cassidy, Currie, Davis, Willis. Representative Willis. Please take the record. On this question, there are 108 voting 'yes', 2 voting 'no', 2 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Congratulations, Representative. Mr. Drury is recognized."
"Thank you, Mr. Speaker. I have an inquiry of the Speaker of the Chair." 10000118.docx 26 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"State your inquiry, Sir."
"So when you say, 'Have all voted who wish?' I'm just curious. Who on the floor is actually allowed to be voting?"
"I'm not quite sure the Chair understands your question, Sir."
"So when you say… the bell rings and you say 'Have all voted who wish? Have all voted who wish?' is it just elected Members of this General Assembly who are actually allowed to be voting?"
"Rules cover the procedures for voting, Sir."
"Well, I've looked at the rules. I'm just wondering. So if you're an unelected person on the floor, are you allowed to be pushing the Member’s buttons and voting 'yes' or 'no' for them?"
"The rules cover the procedures for voting, Sir."
"Mr. Speaker, my concern is is that there may be some ghost voting going on in this chamber and I want to see if that's part of the rules or not."
"The rules cover the procedures for voting."
"What rule is that, Sir?"
"Well, we'll get an answer from the parliamentarian, but I think every Member of the Body has a rule book. Does every Member of the Body have a rule book? I think every Member of the Body has a rule book, Sir."
"I think that's correct. And I've tried to find the rule, but if you could direct me to the rule you're speaking of, then I'll look at it again, Speaker."
"We will direct the parliamentarian to you, Sir."
"Thank you." 10000118.docx 27 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"House Bill 4237, Mr. Carroll. Mr. Clerk, please read the Bill."
"House Bill 4237, a Bill for an Act concerning revenue. Third Reading of this House Bill."
"Mr. Carroll."
"Thank you very much, Speaker. My Bill is… is in place to offset the loss of a SALT deduction that was put into place with the new Federal Tax Law. The SALT deduction’s been around since 1913. The President originally wanted to completely eliminate SALT deductions to make up for the revenue loss slashing taxes for the ultra-rich incorporations. A compromise was reached capping the deduction at $10 thousand under what's called the Tax Cuts and Jobs Act. By capping this deduction some experts view this as double taxation. We're already paying taxes once and now we're being taxed again on the same money. Illinois, as we know, is a net contributor to the Federal Government. We do not seek anything in return. In 2017, an Illinois family earning $100 thousand with property taxes of $10 thousand will now pay $675 at least of additional federal taxes under the new tax plan proposed by the Federal Government. In 2014, 32.24 members of the Illinois residents took advantage of the SALT deduction. This will affect 85 percent of residents of Illinois earning less than $200 thousand if this… now that this program has gone away. The IRS has allowed programs similar like this in California to raise money for college scholarships through a similar program. South Carolina was allowed to fund scholarships for special needs students and several states were allowed to preserve land from development through a 10000118.docx 28 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 similar program to the Illinois Education Excellence Fund. Thank you. And I'll take any questions."
"Mr. Breen."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Thank you. Representative, in your…"
"I can't hear you. I'm sorry."
"Sure. In your estimation, how much money would Illinoisans save if they were able to get a… to get the full deduction of their state and local tax liability above the 10 thousand?"
"Well, I just read a statistic on here that in 2017 a family earning $100 thousand with $10 thousand in property taxes will pay an extra $675. So let's assume around $700 is a fair number."
"Right. But see… I mean, do you have a full number for everybody in the state?"
"I…"
"I mean, total money that'll come back if we… if we're able to get it?"
"So we'll be paying 5 to 6 billion dollars more in taxes under the new federal tax plan."
"So if we were able to get a SALT workaround that meets law, we could bring 5 to 6 billion dollars back from the Federal Government to the… in to the pockets of Illinoisans?"
"That was previously deductible, yes."
"So, I mean, but it's in the billions that…"
"Yes."
"…we will save as Illinoisans if we are able to get around the SALT $10 thousand limit?" 10000118.docx 29 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"Yes."
"Okay. So… now Representative, I want to go… you had mentioned that there are several other states that have capacity to do this, and then you mentioned South Carolina and others. Are those funds like our Invest in Kids Act in Illinois? Is that… Am I correct in saying that's what those are? They're like scholarship funds where you’re… you donate through a private charity, but the State Government gives you a tax credit and the feds treat your donation to the charity as a deductible expense?"
"States are similar to the idea that I've come up with in this Bill, yes. But not necessarily to what you speak."
"I'm sorry. But what with the… is it like the Invest in Kids Act? 'Cause that's what’s in South Carolina."
"No, it's not. It's not. It’s not like the Invest in Kids Act. The one in South Carolina might be similar to that but not the one that I'm proposing."
"Right. So you're… I mean, now just… I'm just trying to get the baseline here."
"Sure."
"Because what you've decided to go toward is that the Illinois Government… as I read your Bill, the Illinois Government would create a fund within the government and that instead of writing checks to the Treasurer you would… or Department of Revenue, what have you… you would write the check to the Illinois Excellence Fund and then from a state level we would treat that not as a tax payment but as a charitable contribution. Is that an accurate statement of what you're doing?" 10000118.docx 30 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"Yeah. The Illinois Education Excellence Fund. That's exactly what it will do, yes."
"That's it exactly what it would do. And then I believe you also have a provision in here to allow counties… down at the bottom of your Bill, there's a provision to allow counties to do a similar thing where they would set up a fund within their treasury. So instead of writing your check to the, you know, the county treasurer for your property taxes you would write the check to the county… you know, the Cook County Excellence Fund or whatever they want to call it?"
"Yes. That's correct."
"Okay. And Representative, you and I have talked about this before. You know, I… under current law the IRS Code and the regulations that help to implement it, as I understand it from 26 CFR 1.170A-1 and this talks about the allowance of deduction for charitable contributions, it says if you are paid in exchange for consideration you have to reduce the fair market value of the goods or services the organization provides in return. So again, I think the equivalent item is if you’re looking at WTTW and you want to get the Rick Steves' DVDs and they say send us 250 bucks; we'll send you your Rick Steves' DVDs. Well, you can’t deduct your full 250. You can only deduct the 250 minus the $60 or so that the Rick Steves' DVDs are worth. I know, I mean, that was… we did that ourselves because we love watching the Rick Steves' show. So I'm just wondering, how does your method where… so instead of sending it to the treasury, you're sending it to another fund within Illinois that gives you back a tax credit. How have you not gotten something of benefit from the organization 10000118.docx 31 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 from which, you know, so you've got to reduce your charitable contribution so it’d be essentially zero?"
"There's many circumstances in which the IRS has allowed this in the past. As I mentioned, you know, some of the states that I had mentioned in my opening remarks. So it has been allowed in the past. And frankly, with this kind of Bill, you know, the new tax plan is really hurting Illinois taxpayers. And hurting people from states like ours that are net contributors to our government. And hurting people that pay a lot more taxes, traditionally blue states. We have to find a solution to bring more tax relief to the people of Illinois and this is an option to do that. And I think we have to proceed with this until other… until we hear otherwise from the IRS. So right now they have not necessarily ruled that this unconstitutional or not allowed through the process."
"Right. But what I'm… I mean, I just read you a regulation that appears to make your plan not work, even under today's law. I mean, as I understand it, Secretary Mnuchin has actually said if a blue state tries this we're going to audit every return that claims charitable contributions coming out of that blue state. So I'm just confused. I mean, I'm in favor of the SALT workaround. I've got my own plan. I'm not pitching for my plan right now, although I will if you let me. But I'm in favor of doing it. My problem is, I'm not in favor of giving people of Illinois false hope. If we already… I mean, the plan essentially is either to change your memo line to say no, no, no I'm not paying my taxes I'm paying a charitable contribution and thinking that the Federal Government is going to let us get away with that." 10000118.docx 32 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"Well, it's still the charitable contribution if you're still getting 100 percent of the benefit. So, this is… there's not a precedent on this yet. So you know, again, until that ruling comes along I think we have to look at this as a good SALT workaround, you know. And Representative, you and I have discussed your plan as well and you know, I think this is something that's a little more workable and something that we can do. I certainly understand the merits of yours as well."
"And tell me this, do you have a Senate Sponsor? Are they going to move this Bill?"
"Yes. I already have a Senate Sponsor."
"Okay. And they’re… I mean, have they given you an assurance they're going to be able to get this going and put it on the Governor's desk?"
"Well, I mean, I think that no one can make an assurance of anything but they said they will try their hardest."
"Well, if you have a Democrat Sponsor, they can actually give you an assurance."
"Well, yes, it is a Democratic Sponsor so."
"Okay. Well that's good. Have we talked to the Governor's Office about what they would do with your particular Bill?"
"No. I have not."
"Okay. Is your Bill immediately effective?"
"Yes.”
“Okay.”
"Mr. Breen, can you bring your remarks to a close, Sir?"
"I'm going to. To the Bill. Ladies and Gentlemen, this is a good idea. It's not likely going to work. And so we do have 10000118.docx 33 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 a problem of giving people false hope. The SALT workaround idea is great. It's going to bring billions of dollars back to the state, if we put it in a form the IRS will accept it. The problem with this format is it appears that IRS regulations already prohibit us from getting any benefit from it. I've got numerous law professors at the University of Iowa, Indiana University, and others who have said this particular plan is not going to work. It won't pass scrutiny. I wish we would come together and work on a bipartisan plan. I have an alternative. It's not perfect, but it's closer to what will work, if there is anything that can work. And so I'm going to support the Bill today, not because I think it'll work, but because I hope that we were able to continue the conversation. And once the Governor's folks get involved, I hope they will actually help to impose something, you know, some requirement that we work together to actually get people the tax deductions that they need, that folks in our districts, Representative Carroll's district and mine, need in order to remain in Illinois and not be dragged away to Texas or Florida or other states. Thank you."
"Mr. Reick."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, were you here last year when we voted on the tax increase here in Illinois, the tax increase that went through?"
"No."
"You were not?"
"I was not." 10000118.docx 34 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"Okay. I will not visit those sins upon you. My question is, first of all…"
"I can't hear you. I'm sorry. Can you…"
"Mr. Speaker, please. My first question is, to the previous speaker, there is language very strictly… plainly stated in the Internal Revenue Code for the very purpose of providing for charitable contributions. And the reason that language is there is so that there can be no question whatsoever as to what is and is not a charitable purpose and what that money can be used for. Now, what… if your Bill would appear to me to allow for the deduction of a charitable contribution for money that would otherwise be obligated by the same person making the payment on their taxes. Is that correct?"
"Yes, Sir."
"Okay. So what you're doing is you're saying that the person who's making that payment is making a choice or making… choosing to make it as a charitable contribution with the expectation of complete offset of the money that they would otherwise be able to deduct as taxes. Am I not correct?"
"Yes, Sir."
"I am correct. Is that what you're saying?"
"Yes. Yes."
"Yes, it is."
"Yes."
"Okay. What are the purposes to which the money on the state level would be used for if they are… if they are given as a charitable contribution?"
"Education." 10000118.docx 35 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"Representative, the Internal Revenue… regulations under the Internal Revenue Code are quite specific as to what is and is not a public purpose for which you can give money to a public organization or a public entity. You can't do what I think you're saying to do because public… public purpose in the Code is strictly circumscribed and you cannot make a specific allocation of money to a particular purpose and still call it charitable to the public… to the public purpose."
"Well, first of all…"
"How do you get around that?"
"Well, first of all, you know, I want to be clear that, you know, so far the two Representatives that have spoken are giving me opinions. We don't necessarily have facts on this yet and there's been nothing that the Federal Government has done to tell us that this is not going to work. So, as the tax law is in place, yes, there are some language there, but there's been… there's not precedent to say this isn't going to work and we've seen it work in other circumstances. So…"
"Representative, may I ask you another question?"
"You may."
"I've been a tax attorney for 35 years and I've never seen anything like this before and I've dealt with charitable contributions on many levels. Now my question is, if there's been no… if nobody knows how this is going to come through the IRS, if they're going to allow it or not, what are we doing passing a Bill to give expectations to people that they're going to get a charitable contribution when the IRS is ever so much likely to come down on this as what it is, and I consider it, a sham transaction." 10000118.docx 36 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"Well, we have to do something, Sir. And I think one of the challenges that we’re facing is this was taken away. This was a thing that has been in place since 1913. It's been taken away from our residents, the ability to deduct their state and local property taxes and capped at 10 thousand. For many Illinois residents, about 85 percent of them that took advantage of this, this is going to hurt them badly. We have to try to do something. And if we go through the history of legislation and look at things that we've tried, with the idea of making them work, some of them have worked, some of them haven't. And I think this is a great idea and I think this is something that will work for us. So I'm willing to take that chance."
"You're willing to take the chance that an audit is going to come down on a constituent of yours to say that this is a sham transaction and you're not only subject to the tax, but you're subject to the penalties?"
"Well, I think that that… again, we'll see where this Bill goes, Sir."
"Okay. There's another question I have."
"Okay."
"Other states for years have been subsidizing high tax states such as ours with their tax money because our deductions have allowed us to reduce our federal liability to the… or our liability to the Federal Government. What is to stop a state… a low tax state, let's say Wyoming for instance, from going in and making a claim against the State of Illinois and… or the Federal Government or whoever for having subsidized us for so many years. The reason I asked you the 10000118.docx 37 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 question at the beginning was because this Body passed a tax increase with the overwhelming support of the people on your… the very people… you're spending an awful lot of time trying to lower taxes on people you just tried to raise taxes on last year. Now I want to ask a question about the county portion of your Bill. Your Bill allows for counties to set up these charitable organizations in order for property taxes to be diverted to a charitable purpose. Is that correct?"
"Yes, Sir."
"What charitable purposes are the counties going to be using that money for?"
"They can establish a fund and set up a similar program."
"To set up a similar program to provide charitable contributions to public purposes?"
"Yes, Sir."
"And the… exclusively public purposes is defined in the Code. I can’t go through it right now, but the fact is, is that exclusive charitable purposes are only at the discretion of the public institution to which that money is given, not by statute. And I can see… I can see school board president's hair catching fire when they find out that the property tax money that would otherwise go to their schools is now going towards a charitable purpose over which they have no control. How do you… how do you answer that?"
"Well, it's up to really the local areas to work with other taxing bodies to see how the money will work. So we're giving them the option." 10000118.docx 38 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"You can't give them the option. Public purposes requires a… there must be a sole public purpose for it. It cannot be given to this or that. It has to be something…"
"The statute… excuse me, Sir. The statute basically gives counties the ability to do this. Okay. So that's we’re… that’s what we're looking to do."
"The statute, what? I'm sorry. I didn’t hear you."
"Gives the counties the ability to what we're trying to do on the state level with the Illinois Education Excellence Fund."
"But the fact remains is that you don't know that the public purpose to which this money is going to be used coincides with the public purpose that would be used for our tax money. Is that correct?"
"And you don't know that either, Sir. So I think that we have…"
"And I think that if, in fact… if, in fact, that is the case, I think that those of us who see this for what it is a veiled attempt to get around… we could do a lot to alleviate state and local taxes by doing tax reform and spending restraint in this state, instead of resorting to some… to the Bill. We can… we can go a lot further, folks. You know, I just got done doing 250 tax returns and I have a lot of clients who prepaid their property taxes in 2017 so that they could get the deduction. Most of these people are subject to the alternative minimum tax. And without getting too deeply into it, the alternative minimum tax denies deductions for state and local taxes already. So these people were prepaying their taxes and it gives them not one benefit of… on their 10000118.docx 39 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 federal tax return, not a dime. So what I'm saying is, is that we're doing a rush here to protect the very people that the people on the other side of the aisle voted to raise their taxes last year. Now they want to give them a tax break. Which is it? Give them a tax break through real honest to God tax reform or spending restraint, not something like this. The IRS is going to be down on this like a duck on a June bug and for anybody who thinks that they're going to be able to… to take a charitable contribution in lieu of taxes and not have that audited is wrong. I strongly urge a 'no' vote on this Bill. Thank you, Mr. Speaker."
"Mr. Drury."
"Thank you, Mr. Speaker. In line with my previous inquiry, if this Bill should get the requisite number of votes, I ask for a verification."
"Your request is acknowledged. Mr. Harris." Harris, D.: "Thank you, Mr. Speaker. Questions of the Sponsor."
"Sponsor yields." Harris, D.: "Representative… Representative."
"I can't hear." Harris, D.: "Okay. I'll speak loudly. Representative, just so I understand what we're doing here, because of the Tax Cut and Jobs Act passed at the federal level, the deduction for state and local taxes was limited to $10 thousand, correct?"
"That is correct, Sir." Harris, D.: "Okay. That limitation however was not placed on charitable deductions, correct?"
"Yes, Sir." 10000118.docx 40 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 Harris, D.: "Okay. So you indicated that on average the deductions in Illinois, for those folks who itemized and took the deductions, was about… what’d you say… 12 thousand-some dollars that you mentioned to me? For those folks that itemized."
"Yeah, 12,500 was the average in Illinois." Harris, D.: "Right. So there were individuals that… high income earners who would clearly be impacted by this. Those folks that had deductions greater than $10 thousand, right?"
"Yes, Sir." Harris, D.: "Okay. Of course we don't know for a fact that all those people would take advantage of something like this because the standard deduction was doubled from 12 to 24 thousand dollars, so that might lessen their tax burden somewhat, right?"
"Yes, Sir." Harris, D.: "Okay. Got it. And it's my understanding from reading the… reading the IRS Code, Section 170 that it says, contributions to organizations are deductible if made to the organizations for the use of a state, a possession of the state or any political subdivision of the foregoing. Is that as you read it?"
"I'm sorry. I'm having a lot of trouble hearing you? This Body is way too loud. So…" Harris, D.: "Well, okay. I'll shout even louder. I'm trying to help you here."
"I appreciate it, Sir." Harris, D.: "So, as I read the Section of the IRS Tax Code, it says contributions to organizations are deductible if they 10000118.docx 41 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 are made to the organization for the purpose… for the use of a state, a possession of the United States or any political subdivision of the foregoing?"
"Yes." Harris, D.: "That's kind of what you're basing your… so you're setting up a fund within the State Treasury that would be a charitable fund to which high income, or anybody, could make a charitable deduction and that might… might qualify as a charitable deduction at the federal level?"
"Yes, Sir." Harris, D.: "Makes sense. Okay. All right. Thank you. Ladies and Gentlemen, to the Bill. I don't know if this Bill is going to work. I have no idea if the Bill is going to work. And I'm not going to disagree with what my colleagues on this side of the aisle said, except for one, and that is the IRS might audit every return in Illinois. The IRS doesn't have enough auditors now to audit the returns that are coming in now. They're not going to audit every return in Illinois, so we're not… we’re not necessarily giving… putting them under any sort of a threat. But this is the situation. Other states that have high income earners, New York, California, Massachusetts, others are trying to take… take a path that would allow those individuals to avoid or to take advantage of a charitable deduction so that they are not limited by that… by that state and local tax deduction that the feds have placed on it. Is it going to work? I have no idea if it's going to work. Is the IRS going to say, hey, this is not allowed? They very well might say that this is not allowed. But you know what, I'm not going to stop it here. I'm not 10000118.docx 42 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 going to vote 'no'. If indeed we have an opportunity to help our taxpayers, let's put it out there. If the IRS comes down and says, no, this is not… this is not permittable, it's going to impact taxpayers in Illinois, going to impact taxpayers in California, going to impact taxpayers in a whole bunch of states that, you know what, it's going to increase the ire of those individuals to the IRS as well. But that's a decision for them to make. They could… our Congress could have addressed this at the federal level when they passed the Bill and they didn't. So this may or may not work as I said before. My colleagues may be absolutely right that it it's not going to be allowed by the IRS. But indeed, if I can give our taxpayers the opportunity to take advantage of a deduction that the feds have, in essence, said, no, you're limited in terms of dollars and cents, but if I have the opportunity to give our taxpayers a benefit, I'm not going to pass up that opportunity. And I'm going to recommend a 'yes' vote to this Bill. Thank you."
"Representative Willis."
"Thank you, Mr… I lost my little part here. Thank you, Mr. Speaker. Will the Sponsor yield, please?"
"Sponsor yields."
"So help me understand, this is a new fund that we're going to set up or is it we're expanding a fund that's already in place?"
"No. We are setting up a new fund. So it's going to be called the Illinois Education Excellence Fund."
"And this fund will be overseen by what department, please?" 10000118.docx 43 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"So the Treasurer's Office will hold the funds and then it's subject to appropriations by the Assembly."
"I'm sorry? I missed that."
"It will be held in the Treasurer's Office and then the Assembly will deal with the release of the funds."
"Okay. And so people that are in public education… schools… our public schools. It's strictly for public education, correct?"
"Yes."
"Okay. So they would then request for… it would be like getting grants. Is that the way you envision this to be set up? Distributed for grants that we would have a grant program that various public schools could apply for?"
"Yes."
"Okay. So in a lot of ways this is very similar to what we already have done when we did the school funding reform where we had the aspect of it for the private schools that people would go and then grant programs would be distributed to that, correct?"
"Yes."
"Okay. So but what we're doing is when we're looking and we’re expanding this all the way down to early childhood?"
"That could be an educational purpose. Yes."
"Okay. So in a lot of ways what we're looking to have happen here is we know that there is a funding crisis for education. I don't think there’s anybody in the entire chamber… To the Bill, Mr. Speaker. I don’t think there's anybody in this entire chamber that can say that we are adequately funding education. And all this is doing really is 10000118.docx 44 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 giving us another tool, another resource, that we can go to to find that additional funding. It is something that we find vital throughout the state. And I don't care what side of the aisle you're on, you know that education is not adequately funded whether it's private education, public education, early childhood education or higher education. We need more funds to be able to adequately educate our citizens throughout the state. This is just one more tool that we're putting forward to try to have that happen. I don't see anything wrong with this. This is a great way to do it. To allow those that want to participate in this system to be able to do it, to make sure that we have that adequate funding. And if you can go and offset that with a tax deduction, why not do that? Let's continue to work along those lines. Let's continue to do this. I think it's a great program. As a person that worked on a school board, also has a daughter that is in public education, this is something we need to continue to do, continue to work on throughout this. I don’t see a downside and that's the frustrating thing about this. I see a program that we have set up to work on it and I think we will continue to do this. And I certainly urge everyone to support this with an 'aye' vote. Thank you."
"Mr. Welch."
"Thank you, Mr. Speaker. I have questions of the Sponsor. Will the Sponsor yield?"
"Sponsor will yield."
"Representative, obviously I like your Bill, I've signed on as a Chief Cosponsor, but I want to ask you a few questions so that we can make a clear record. I want to first ask you 10000118.docx 45 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 though I'm looking at my analysis here and I don't see any proponents or opponents to this Bill. Are you aware of anyone that's in formal opposition to your legislation?"
"I'm sorry. I mean, I can hardly hear you again. So if you could… no I'm not aware."
"No one's come to you before today voicing opposition to this at all?"
"No."
"Why is this Bill even needed in your opinion? Why is this Bill needed, Representative? Why is it needed?"
"Because I think that we have a situation where the Federal Government has caused us to try to find ways of bringing tax relief to people in Illinois. And in this Bill… and really the new tax plan… federal tax plan hurts blue states like ours that are contributors and pay higher taxes. And so we have to find ways to bring relief to people. As I said before, a family making $100 thousand a year with a $10 thousand property tax liability in 2017, let's use that return, is going to lose about $675 to the Federal Government in a plan that wasn't there before. And in addition to that, Sir, I think also we look at this situation as double taxation. You're paying the money once why should you be taxed on it… you know, you're being taxed on the money two times. And I don't think that's fair."
"So, it sounds like we have a proposal here that's designed to help working families?"
"Yes, Sir."
"Is that correct?"
"Yes, Sir." 10000118.docx 46 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"Really need some clarification here on this Illinois Excellence Fund. I like the sound of that but tell us exactly, once the state collects this money, where would the money go once the state has possession of it? Is it restricted to certain places or can it go anywhere?"
"Just like today, the money will be subject to appropriations by this Body."
"Pardon?"
"It's going to be subject to appropriations by this Body."
"So we can appropriate it anywhere or to go to schools?"
"I'm sorry, Sir. Educational purposes. Excuse me. I’m sorry. Again, I'm having trouble hearing you. There's just a lot of chatter all around me. So…"
"What other states actually do this?"
"Well, California just had their… their Senate passed a Bill similar to this that's now waiting to be voted on in the House in California. New York has looked at a similar type Bill, New Jersey as well. So some of the states that are traditionally blue states that are getting hit really hard with the lack of this deduction are looking for ways of workarounds on this."
"Are they identical forms of legislation or any differences in the Bills from those states that you've talked about?"
"They're not identical but they're very similar."
"What are the differences, if you know?"
"Some of their funds are used differently. Some of the way the money's earmarked is different. Just things like that. So ours… ours is unique to Illinois, but it’s sort of looking 10000118.docx 47 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 at some of the other ways that it's been done and doing it that way."
"Is this your first Bill?"
"This is my second Bill."
"This is your second Bill?"
"Yes, Sir."
"This is a heck of a Bill to carry pretty early on in your legislative career. I want to commend you. And to the Bill, Mr. Speaker. I think this an excellence piece of legislation. I think the middle class and working families were forgotten in the Trump-Ryan tax cut Bill. This is an opportunity for us to do something right to help the people that we represent, you know, and I honestly believe Representative Carroll is on to something here. And I think, you know, we should send a strong bipartisan message that we all care about working families in this state and support passage of House Bill 4327 (sic-4237). Please vote 'aye'."
"Mr. Zalewski."
"Thank you, Mr. Speaker. To the Bill. I just wanted to acknowledge the hard work the Sponsor has put into this piece of legislation. As chairman of the committee, I think it's important for the Body to be reminded that the SALT deduction, being limited in the federal Bill, caused a great amount of anxiety and… and anxiousness to our constituencies in Illinois. And this Gentleman's Bill today is going to a great way forward to sort of alleviating and mitigating that. I know the concerns about the IRS were raised. I know about what was brought forth in the questions to the Gentleman, but all in all, we have a duty to our own constituents in the 10000118.docx 48 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 State of Illinois to protect their bottom lines when it comes to things that Congress does to sort of put hardships on their tax bill and this Gentleman's Bill goes a long way to do that. So, as someone who watched it go through committee and watched the effort that he put into the Bill, I certainly understand the concerns but I don't necessarily agree with them. And I would urge an 'aye' vote."
"Mr. Davidsmeyer."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"So I think a lot of the concern on this is whether this Bill will actually work. What I'm hearing is if you make a charitable contribution for a hundred dollars and that group sends you a DVD that's worth $10 you have to offset that cost, that $10 cost. So you really only made a $90 contribution. So the concern that I'm hearing is if you make a contribution to the State of Illinois in the amount of $10 thousand and they give you a tax credit for $10 thousand are you wiping out that… that whole thing?"
"I don't know if that rule is necessarily applied to all charitable contributions, the one you mentioned about the DVD rule. So I don't know if it's a consistent type situation."
"So you don't know or it doesn't apply to everything? Because there's a big difference."
"My understanding is that this doesn't apply the same to all… you know, in all situations. And some other states have done similar things to this that have been allowed. So, you know, as I mentioned in my opening remarks, California set up something and so did South Carolina. So it has been done 10000118.docx 49 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 before where people did receive a 100 percent of a tax credit."
"It has been done and is currently working?"
"I believe so."
"Okay.”
“Yes.”
“Would the IRS consider this a quid pro quo where you're giving something in return for something else?"
"Representative, I don’t work for the IRS. So I can't tell you what the IRS is going to do."
"Yeah. I think you're trying to do the right thing, but I don’t you're trying to do it the right way. You know, I'll have to think about this. I just… a lot of these Bills that come through they end up being a headline in a newspaper. And you can say, look, I helped you with your property taxes, but if they don't actually accomplish what you're saying it's going to do, all it's doing… all it is is a political headline and that's it. And that's my concern about this place is a lot of the Bills we pass through here don’t actually fix a problem. So, if this isn't going to fix the problem, I think we need… and if we could have better discussion across the aisle, without just running a Bill through, I think that we would've probably been able to alleviate some of these problems. But once again, you know, Representative Breen has a way to do this that would pass muster. And so I think that we should continue to work on it. I don't this will accomplish what you want to accomplish. Thank you."
"I want to respond to what he just said. And matter of fact, I have cosponsors from your side on aisle on this Bill 10000118.docx 50 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 and have reached out to several people on your side of the aisle. So I don't think that's an unfair accusation."
"Mr. Skillicorn."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, I just… a couple very quick questions I just need as to the intent of the Bill. Is this a shooting at you know, the distinctions, you know, IRS rules, charitable deductions and taxation, right?"
"Yes."
"Okay. So would you feel that charitable donations are voluntary or coercive?"
"I think, they're voluntary. This is not… well, you know, I think I know where you're going with this and this is not necessarily something that people have to do. This is something people can elect to do. So people are allowed to pay their taxes in the traditional manner if they want to, Sir. But I think if they want the option of doing this they can as well. So it's not an either/or. They can… I mean, it is either/or. It's not that they have to do one or the… I mean, they do whatever they want to do with that."
"So, I’m also going to ask… you know, I'll also ask, and I was hoping to get a yes or no answer, if taxation is voluntary or coercive?"
"If taxation is voluntary?"
"Or coercive?"
"I mean, if you don't pay your taxes, I think you get into trouble, right?"
"So it is by definition coercive, right?" 10000118.docx 51 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"Taxes are? Yes. I would say."
"Okay. Thank you, Representative. Thank you very much."
"Mr. Demmer."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, I have a question about how the contribution could be made in the circumstance in order to claim the credit. Would it be permissible for an individual to make an in-kind contribution and claim the value of the in-kind contribution in order to draw this credit?"
"Could you be more specific? I'm sorry."
"Yeah. An in-kind contribution. So instead of a contribution of just cash could I, for example, I've got a old van and I want to donate to the school district so they can use it for transportation. Can I go to Kelly Blue Book and say it's worth $5 thousand and claim that exemption?"
"No. Basically the way this is set up is if you put money into the Illinois Education Excellence Fund you'll get a tax credit for it. So that's really the way this is set up."
"Would you be able to donate something of value aside from dollars and donate something of value and claim that, the value of that against the exemption?"
"Are you talking about like a tangible object?"
"Yes."
"This would not be… this would just be for financial contributions. So not in-kind kind of things."
"So only dollars not something of value?"
"Yes." 10000118.docx 52 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"Okay. So, Representative, you also mentioned that this has been looked at in a couple other states. Which states were those?"
"California's doing something, New York is doing… California had something go through the Senate. New York is looking… I don't know where it is with New York. I apologize. I can certainly get an answer for you on that. I know that New Jersey as well. So some of the traditional blue states are looking to do that."
"So some of the traditional blue states. So a state like Texas, do you think they're looking into this?"
"I've not heard that they are."
"Or Florida…"
"I've not heard that they are either."
"…Nevada, South Dakota?"
"Right. I think…"
"So we talked about it and I've heard cited several times here on the floor today that this is something we're doing to look out for middle-class families. Don't you think a state like Texas has middle-class families? Or a state like Florida has middle-class families?"
"Correct. Wait, I'm sorry. Say that again?"
"Don’t you think… I've heard the comment a couple times today that this is looking out for middle-class families. Doesn't Texas have middle-class families?"
"Yes, they do."
"Doesn't Florida have middle-class families?"
"I believe they do, yes." 10000118.docx 53 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"So, what is it about the states that you mentioned? What is it about California, Illinois, New Jersey that make them different from states like Texas or Florida?"
"Yeah. I'm not going to speak to what other states are doing. My focus is the State of Illinois."
"Oh, you spoke to what other states are doing many times in this debate."
"Well, I understand that. I'm mentioning a standpoint that was in regards to what people brought up about the IRS and how the IRS is responding to this. My Bill focuses on people in the State of Illinois, taxpayers of the State of Illinois. What Texas, Florida, South Carolina, South Dakota, whatever states you want to mention, do has nothing to do with what I'm trying to do for the people of Illinois."
"You've talked about several other states that are looking at this though and you've called them…"
"I’ve used them as an example not nec…"
"You're right and you've called them traditionally blue states, but wouldn't it also be true to say those are high tax states?"
"That would be probably… that would be true. Yes."
"There's a correlation between a blue state and a high tax state?"
"Yes."
"Is Illinois a high tax state?"
"I'll leave that up to you to decide."
"So states that are traditionally blue, that are high tax, are pursuing these exemptions. States that are Republican and low tax aren't pursuing using these exemptions 10000118.docx 54 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 because their middle-class families aren't suffering under the burden of high taxes from their state. What we're talking about today is a problem that we’ve created by making Illinois a high tax state."
"I'm focused on the Illinois Education Excellence Fund. The debate you want to have is for a different day, Sir."
"Well, I look forward to having that debate. Mr. Speaker, to the Bill. I think it's important that we not only look at in light of changes that happened in the Federal Tax Law how we can best look out for Illinoisans. But let's have a conversation about how our tax law affects Illinoisans. Let's have a conversation about the burdens that we put on middle- class families for Illinois state taxes with some of the highest property taxes in the country, with increasing income taxes, with proposals to increase those taxes higher and higher yet. Let's finally have a discussion, not what Washington did to taxpayers in Illinois, but what Illinois is doing to taxpayers in Illinois. Thank you."
"Representative Ives."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative Carroll, I… you know, this is creating quite confusion on the House Floor as to what the IRS will determine if we go forward with this. And if the IRS actually rules against the State of Illinois and decides this is an illegal construct, then we put people in jeopardy of being penalized for having done that. So there is a mechanism where you can request a private letter ruling from the IRS and you can state specifically their interpretation of the tax law to a specific 10000118.docx 55 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 set of facts. I would request that you pull this Bill from the record right now and go forward and actually set out a private letter ruling to the IRS and ask them for their interpretation so that we can be clear… I mean, I think it's a great idea. Why not try this? But I don't want taxpayers penalized for us making a decision based… and we don't have all the facts. So I would really… this is a serious matter. This is not something that we should just on the fly decide that we're going to approve because it has serious ramifications for people and a lot of money could potentially be involved. So, if you could pull this from the record, take our best people… take our best tax lawyers that we have in the state, our best accountants and put together a private letter ruling on behalf of at least one citizen and then we could wait and rule on this later and make a decision on that. I would appreciate it ‘cause this is really a serious matter and I think we're giving it short shrift. Thank you."
"Mr. Hoffman."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I just want to make a point about the SALT deduction here in Illinois, the state and local tax deduction. As you discussed, the amount that you'll be able to deduct is $10 thousand. The average deduction in the State of Illinois for taxpayers here in Illinois is $12,500. I don’t care about Texas. I don’t care about Florida. And to the previous speaker, this is an Illinois debate because the average deduction is $2,500… or average payment is $2,500 more than they're going to be able to deduct under the Federal Law. So, what's it mean? Because of your philosophical vent, and the 10000118.docx 56 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 sword that you're falling on, if you vote 'no' for this, you are essentially raising the amount of taxes… raising the amount of taxes of over the majority of the people of taxpayers in Illinois. So vote 'no' you antitaxers. Vote 'no', and don't let them deduct local and state taxes. This is double deduction… or a double payment on taxes. You're being double taxed on your state and local taxes, if you vote 'no' on this. You're voting for that. Double taxation without Illinois representation that would be your vote. If that's what you want to do, vote 'no'. I'm voting 'yes'."
"Mr. Carroll to close."
"Thank you for the lively discussion on this; and I appreciate everyone's input on this. This Bill, for me, is really a necessity for a few reasons. I think one of them is we have to start the conversation nationally. And start the conversation nationally not only with… with our local elected people in Washington and say to them that this new tax plan hurts the taxpayers of Illinois. And I've heard from a few Congressmen that are very positive about my Bill. But I think we have to communicate with all of them and tell them you guys needs to understand what the new tax plan is doing to the people of Illinois, and how much this is impacting the people from Illinois, and how much this will continue to impact the people from Illinois unless we do something about it. You're taking a law that was on the books since 1913 and you're all of a sudden changing it on the whim because somebody in the White House wants to make sure that large corporations and the ultra-wealthy get bigger tax breaks while hurting the middle class. That is unacceptable to me. 10000118.docx 57 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 And I would like us to see… send a message that that is not okay. That is not okay for the taxpayers of Illinois. That is not okay for the 85 percent of us that take advantage of this deduction and make sure that we go forward and offer people the relief that is needed for people based on this. So I'd ask you for a 'yes' vote on this. So I want to go back to the example from 2017 that I mentioned about the Illinois family earning $100 thousand a year with a $10 thousand liability. So in most people's cases, certainly in my community and a lot of communities, a $10 thousand property tax pulls on the low end of things. So we need to look at those communities and make sure they are offered relief. So I ask you for a 'yes' vote. Thank you."
"Gentleman moves for the passage of the Bill. Mr. Drury has asked for a verification, so Members will be in their own chairs and vote their own switches. 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. Mr. Clerk, please take the record. On this question, there are 93 voting 'yes', 15 voting 'no'. Mr. Drury, do you persist in your verification? Mr. Drury persists in his verification. Mr. Clerk, please read the affirmative vote."
"A poll of those voting in the affirmative. Representative Ammons; Representative Andersson; Representative Arroyo; Representative Batinick; Representative Bellock; Representative Brady; Representative Breen; Representative Bristow; Representative Bryant; Representative Burke, D.; Representative Burke, K.; 10000118.docx 58 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 Representative Carroll; Representative Cassidy; Representative Cavaletto; Representative Chapa LaVia; Representative Connor; Representative Conroy; Representative Conyears-Ervin; Representative Costello; Representative Crespo; Representative Currie; Representative D'Amico; Representative Davidsmeyer; Representative Davis; Representative DeLuca; Representative Durkin; Representative Evans; Representative Feigenholtz; Representative Fine; Representative Finnie; Representative Flowers; Representative Ford; Representative Fortner; Representative Gordon-Booth; Representative Greenwood; Representative Guzzardi; Representative Halbrook; Representative Halpin; Representative Hammond; Representative Harper; Representative Harris, D.; Representative Harris, G.; Representative Hernandez; Representative Hoffman; Representative Hurley; Representative Jesiel; Representative Jimenez; Representative Jones; Representative Kifowit; Representative Lang; Representative Lilly; Representative Long; Representative Mah; Representative Manley; Representative Martwick; Representative Mayfield; Representative McAuliffe; Representative McSweeney; Representative Meier; Representative Mitchell, B.; Representative Mitchell, C.; Representative Moeller; Representative Moylan; Representative Mussman; Representative Olsen; Representative Parkhurst; Representative Phillips; Representative Pritchard; Representative Reis; Representative Riley; Representative Rita; Representative Sauer; Representative Scherer; Representative Sente; Representative Severin; Representative 10000118.docx 59 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 Slaughter; Representative Smith; Representative Sommer; Representative Spain; Representative Katie Stuart; Representative Tabares; Representative Thapedi; Representative Turner; Representative Wallace; Representative Walsh; Representative Wehrli; Representative Welch; Representative Williams; Representative Willis; Representative Winger; Representative Yingling; Representative Zalewski; and Mr. Speaker.”
"Mr. Drury."
"Thank you, Mr. Speaker."
"Thank you, Mr. Speaker what?"
"Ahh, just thank you."
"I didn't hear you, Sir."
"I have no challenges to make. Thank you."
"So you withdraw your verification request?"
"Sure I do."
"So you're very much a stickler for the rules. Why don't you say you withdraw your verification request into the microphone?"
"We all have the rules, Mr. Speaker. I made my request; I withdrew it. Thank you."
"On this question, there are 93 voting 'yes', 15 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Chair recognizes Representative Willis."
"Thank you, Mr. Speaker. I have an inquiry of the Chair, please."
"State your inquiry." 10000118.docx 60 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"If you do not vote on a Bill, do you have a right to request a verification?"
"The rules allow for that, Representative."
"Oh, I would think that if you are not willing to participate in the process of the vote that how the outcome is should not really have any bearing on you. Please note that."
"Thank you for your comment. Leader Currie in the Chair."
"Representative Currie in the Chair. And it is my honor this afternoon to introduce to the Members of the House the Consul General of the Republic of Lithuania in Chicago. Mantvydas Bekesius did his law degree at the Law University of Lithuania. He has served in his country's foreign service including a special mission to Afghanistan. He served for a time, a kind of a comparable Tim Mapes, as Chief of Staff to the Speaker of the Parliament in Lithuania. In 19… 2014, he became Deputy Foreign Minister. And since 2017, he has been the Consul General of the Republic of Lithuania in Chicago. It is my honor to introduce him to you. And I hope you will join me in saying (unintelligible) which is welcome to Consul General Bekesius."
"Thank you. Thank you, Barbara. Thank you very much. As it was mentioned before, I served as a Chief of Staff to the Speaker of Parliament of Lithuania, so today I felt like home here in this chamber while you were passing the law. Honorable Speaker Madigan, Members of House, Ladies and Gentlemen, it is great honor to be here today. I would like to extend my most sincere appreciation to the Speaker, 10000118.docx 61 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 Michael Madigan, for invitation and this opportunity to speak to you. 2018 is a very special year to Lithuania and Lithuanians in the United States of America and all over the world. Just a few months ago, on February 16, we commemorated 100 year anniversary of restoration of the Statehood of Lithuania. This date marks most important day in history of Lithuania. Of course, our country's history has begun more than a thousand years ago, but on February 16, 1918, a new chapter was opened in the history of my homeland and ambitious civil society start building a new modern Lithuanian state. But it was not too long since Lithuania was occupied by the Soviet Union then Nazi Germany and then Soviets again. As nation, we paid an extremely high price: the extensive deportation to Siberia, the Holocaust and fighting with the Red Army cost us too many of our best men and women. Ladies and Gentlemen, the Lithuanian community in the United States and especially in the State of Illinois has always played an extraordinary role in preserving the Lithuanian national identity during the long 50 years of occupation. Lithuanians from the State of Illinois has played a major role in almost every stage of Lithuanian modern history and still continues to do so. When the Soviet system began to crumble in the late 1980s, they enthusiastically supported Lithuania's independence. They contributed money, equipment, and they lobbied vigorously here in Springfield and in Washington, D.C. Ladies and Gentlemen, the Soviets occupied my country, but they could never break the spirit of Lithuanians. Fighting for freedom is in our blood; it's a part of our DNA, as it is for Americans. We proved it 28 years ago when on March 11, 10000118.docx 62 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 1990, Lithuania became independent state again and the evil Soviet empire collapsed. This marks another chapter of Lithuanian history. The centennial to us is a success story of a new Lithuania. Today, we can proudly call ourselves a modern society that offers to the world the diversified economy, a well-educated workforce, the region's best developed road network. We are the members of NATO, European Union, United Nations. It is also symbolic for me to speak here today as Illinois is a home of the largest Lithuanian community in the United States. Chicago is both the biggest city of Illinois and the largest city of Lithuanian Americans. Perhaps some of you know that Springfield, only several minutes away from where we are now, on the corner of the 7th and Enterprise Street once stood a Catholic St. Vincent de Paul's Church. Lithuanians arrived to Illinois at the end of the 19th century. This is when they began to build the church, which was once called the most important melting pot of the city. Today, in that place, we can find an historical marker dedicated to Lithuanians of Illinois. This is a beautiful example illustrating the Lithuanian story in the United States and here in Illinois. Ladies and Gentlemen, it would be right to say that today the partnership between my country and the U.S. is as strong and successful as never before. Our countries share continued commitment to global values, democracy, human rights, security and pledge to deepen bilateral political, economical and Sociocultural operation. Our countries have longstanding bilateral and regional security relationship. The U.S. commits to continue the deployment of Armed Forces to Lithuania. The U.S. and 10000118.docx 63 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 Lithuania cooperate in the common fight against transnational terrorism. Lithuanian and American soldiers fight shoulder to shoulder in Afghanistan, Iraq, (unintelligible), the African Republic and other hot spots around the world. Ladies and Gentlemen, Lithuania and the U.S. enjoy bond of intense friendship and cooperation, not only in the area of security, but in business and economy as well. That is the result of many efforts of Lithuanian and American governments and of course, of our business communities. So, it is safe to say that today Lithuanian and American economic ties are strong, vibrant and rapidly developing. And that is also a well illustrated trend. Our bilateral trade value’s growing on the yearly basis. Over the course of the last five years, Lithuanian exports to the U.S. have increased more than three times. In fact, the U.S. is a top ten trade partner for Lithuania, a testimony of how close Lithuanian-American businesses are no matter the geographical proximity between two countries. Lithuanian business community in Illinois is hardworking, skillful and has left a footprint in the state's economic development from Lithuanian-owned companies in IT, financial and legal services, transportation and logistic sectors, to the professionals working in Illinois's based top global firms. Lithuanians have established themselves as successful businessmen and successful businesswomen. They create jobs and make a positive impact on the state's economy. We should bear in mind that bilateral economic operation is a two-way traffic. It's not only about Lithuanians doing business in the U.S. American business presence in our country has always been much appreciated and welcomed. That is why 10000118.docx 64 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 Lithuanians committed to providing the best conditions possible to get your business up and running. Today, Lithuania is ranked number 16 globally for ease of doing business. Also, number 19 among 180 countries for economic freedom. We also value American companies as experienced and reliable partners who share the same business culture and contribute to the smooth development of our economy. Well-known American businesses such as Illinois's based medical devices company Hollister, Western Union, Nasdac, Uber, Thermal Scientific, Morris… Philip Morris, Kingsley, and I can continue naming, opened their offices in Lithuania or built factories as well. Ladies and Gentlemen, I'm strongly believe that U.S. and Lithuania share a desire to continue to expand ties between our communities and states. Here, in Illinois, we can proudly celebrate joint continuation of Lithuanians and Americans in the fields of politics, economics and culture. And finally, I would like to use this opportunity and sincerely thank the Members of the House of Representatives for the adoption of the Resolution on the occasion of this significant date for all Lithuanians and American and American-Lithuanian descendants. Your support for our independence and civility is very important to us and proves a long-lasting friendship and alliance between our countries. I have no doubt that the long history of Lithuanians in Illinois will help nurture the friendship amongst the… our communities and find new ways to cooperate. Thank you very much."
"Thank you very much. The Consul General Bekesius has graciously offered to stand at the side of the well, greet you individually and have your picture taken with him." 10000118.docx 65 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"Representative Lang in the Chair. Representative Gordon-Booth is recognized."
"Thank you, Mr. Speaker. A moment of personal privilege, please?"
"Please."
"Mr. Speaker, we have some distinguished guests in the gallery with us today. If you all could please stand. We have folks from the 4th Episcopal District of the African Methodist Episcopal Church with us on this great Wednesday. They are down here for the first annual AME Lobby Day; this is the first of many. We have with us Bishop John Franklin White; Presiding Elder Albert D. Tyson; Presiding Elder Walter Bauldrick; Presiding Elder Gary McCants; Pastor Larry Lewis with Bethel AME in Champaign; we have Pastor Adrian Johnson who serves her flock in my community Peoria, and we have some especially special guests to me, my father who just recently celebrated your 78th birthday two days ago. This is his first trip to Springfield to visit his baby girl. And my stepmother, who is also an Elder within the AME congregation. So, if we could please give them a warm House of Representatives round of applause. And thank you for serving God and all of His people."
"Welcome to all of you. Thank you for joining us in the House chamber today. Ladies and Gentlemen, we're going back to priority Bills. House Bill 5288, Mr. Andersson. Please read the Bill."
"House Bill 5288, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Mr. Andersson." 10000118.docx 66 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"Thank you, Mr. Speaker. House Bill 5288 is an initiative of the Department of Human Services. It's one I'm particularly honored to run though. Anyone who has encountered the mental health field understands the confusing web of issues and services that families need to go through to be able to find the appropriate level of help. This Bill will create an online register… registry. It is voluntary for recovery residences in Illinois. For those of you who are not familiar with recovery residences, they're also called sober living environments and sometimes can be referred to as half- way houses. They’re a critical and key… key component to the recovery of those people suffering from substance abuse. However, there isn't a lot of information out there about them and oftentimes people do not know about them. I commend DHS for bringing the Bill to me and as I said it’s an honor for me to run it. It's critical that people be able to be aware of the services that are available. This is one step of many but one step that will help the families of Illinois find the resources that they need. With that, I will be happy to take any questions and would appreciate an 'aye' vote."
"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? Ladies and Gentlemen, we have a lot of Bills. Please record yourselves. Leader Currie, Chapa LaVia. Please take the record. On this question, there are 113 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5542, Mr. Batinick. Please read the Bill." 10000118.docx 67 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"House Bill 5542, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Mr. Batinick."
"Small technical change, urge an 'aye' vote."
"Excellent, Sir, but I would like to hear more."
"Changes the word from commissioner to secretary and changes sentence structure from the negative to the affirmative."
"Seems you were right. Mr. Andersson. Waves it off. Mr. Rita. Also waves it off. 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? Burke, Davis, Harris, Hoffman, Scherer. Mr. Clerk, please take the record. On this question, there are 111 voting 'yes', 1 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4348, Mr. Connor. Please read the Bill. Mr. Connor, I understand you have an Amendment. Mr. Clerk, please put the Bill on the Order of Second Reading and please read the Bill."
"House Bill 4348, a Bill for an Act concerning local government. This Bill was read a second time a previous day. No Committee Amendments. Floor Amendment #1, offered by Representative Connor, has been approved for consideration."
"Mr. Connor on the Amendment."
"The Amendment makes some changes to basically who gathers the DNA in order to assist with the identification of unidentified remains. It was done in conjunction with the Illinois Coroners Association." 10000118.docx 68 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. House Bill 5123, Representative Conroy. Please read the Bill."
"House Bill 5123, a Bill for an Act concerning elections. Third Reading of this House Bill."
"Representative Conroy."
"Thank you, Speaker. This Bill simply allows the DuPage County Board to return the election commission to the clerk's office."
"Mr. Breen."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"And Representative, this is an idea that has been around for a while and it's obviously got bipartisan support. And in fact, I know of no objection from anyone inside the county, correct?"
"That's correct. There's been a little bit of back and forth for the last couple of years, but this year it's an agreed Bill."
"And we've had repeated failures of the commission to do its job in a timely manner. Is that correct, as well?"
"Yes. It's been a little embarrassing to come from DuPage during an election cycle."
"Fair enough. Thank you for bringing this Bill. And I'm very strongly in favor." 10000118.docx 69 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"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, everyone. Evans, Fine, Gordon-Booth, Mussman. Mr. Clerk, please take the record. On this question, there are 112 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Chair recognizes Mr. Wheeler." Wheeler, K.: "Thank you, Mr. Speaker. Please excuse Representative Skillicorn for the rest of today."
"Thank you, Sir. House Bill 4990, Mr. Crespo. Mr. Crespo. Please read the Bill. Mr. Crespo, you have an Amendment. So, we'll move this Bill to the Order of Second Reading. Mr. Clerk, please read the Bill."
"House Bill 4990, a Bill for an Act concerning State Government. This Bill was read a second time a previous day. Amendment 1 was adopted in committee. Floor Amendment #2, offered by Representative Crespo, has been approved for consideration."
"Mr. Crespo."
"Thank you, Speaker. The House Floor Amendment provides that the report on the effectiveness of the program must be provided electronically to the General Assembly."
"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. The Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. House Bill 5070, Representative Bellock. Please read the Bill." 10000118.docx 70 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"House Bill 5070, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Representative Bellock."
"Thank you very much, Mr. Speaker. And House Bill 5070 amends the Telehealth Act and will allow more licensed clinicians to provide these important health care services."
"Those in favor of the Lady’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? Please take the record. On this question, there are 111 voting 'yes', 1 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4663, Representative Bourne. Please read the Bill."
"House Bill 4663, a Bill for an Act concerning elections. Third Reading of this House Bill."
"Representative Bourne."
"Thank you, Mr. Speaker. House Bill 4663 clarifies in statute that a candidate may run for office under a previous or current legal marital name. I would be happy to take any questions."
"Those in favor of the Lady’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? Mr. Clerk, please take the record. On this question, there are 111 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4923, Leader Currie. Please read the Bill. Leader Currie, you have an Amendment. Mr. Clerk, please put the Bill on the Order of Second Reading and please read the Bill." 10000118.docx 71 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"House Bill 4923, a Bill for an Act concerning employment. This Bill was read a second time on a previous day. No Committee Amendments. Floor Amendment #1, offered by Representative Currie, has been approved for consideration."
"Leader Currie."
"Thank you, Speaker. This requires electronic filing of reports due from the Treasurer to the General Assembly. I know of no opposition. I'd appreciate your 'aye' vote."
"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. House Bill 4846, Mr. D'Amico. Please read the Bill."
"House Bill 4846, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"Mr. D'Amico."
"Thank you, Mr. Speaker. What House Bill 4846 does is make the first offense while driving and texting a moving violation. I'll be free to answer any questions."
"Mr. Breen."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, is this a… this is a penalty enhancement, isn't it?"
"No, it's not."
"Well, it takes a violation and makes it now a crime. Well, a violation of the talking and texting… or the driving and texting law and actually then makes it a violation instead of 10000118.docx 72 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 because that first violation was not an actual violation now it will be."
"But…"
"So it seems like a penalty enhancement."
"No, because the officer still has the ability to give you a warning. He doesn't have to give you that ticket."
"But now he can give you a ticket?"
"He can. He has that choice."
"But he doesn't have that right under current law?"
"Well, he can find something else to give you a ticket on."
"You break a tail light or whatever. Okay."
"Correct."
"Yes. Fair enough. This is very interesting because I thought we weren't doing any penalty enhancements no matter how great or small the crime and this one… it's just interesting we would choose texting and driving as the one penalty enhancement that we would do…”
"Well…"
"…for this General Assembly."
"…I'd have to disagree with you. I don't think this is a penalty enhancement. This is about safety and making our roads as safe as possible. We passed this Bill about four years ago. There's been a number of accidents. We've been able to reduce the fatalities on our roadway by some of the Bills that we've put into law. And this is just another way of making our roads a little bit safer."
"To the Bill. Obviously, none of us are in favor of text messaging while driving. It's something that we’ve seen as of 10000118.docx 73 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 grave danger over the years and with every study it's showing that. The problem is is we also have some other very serious actions that cause grave harm to people that really we ought to be addressing here on the floor and that we ought to be able to… ought to be able to get a hearing on the floor not merely texting and driving. We've got violent murders that are not being addressed and those should get a fair hearing as well. I’ll be supportive of the Bill."
"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. Burke, Lilly. Please take the record. On this question, there are 96 voting 'yes', 15 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4645, Mr. Davis. Please read the Bill."
"House Bill 4645, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Mr. Davis."
"Thank you very much, Mr. Speaker. This is to… this Bill is to extend the sunset date of the health… Illinois Health Facilities and Planning Act for an additional 10 years."
"Mr. Breen."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"And Representative, what… what does this Act current… what requirements… chief requirements does this Act currently provide? ‘Cause as I understand it, it would sunset on 10000118.docx 74 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 December 31 of 2019. So what requirements are we extending for another 10 years?"
"The Act itself."
"Right. But what… as I understand it… so this is the certificate of need program that is being extended for 10 years?"
"Well, we're extending the Act and in the Act is the Certificate Of Need program."
"Okay. So if we were not to extend the Act, then the Certificate Of Need requirement would go away?”
"In 2019, yes."
"In 2019 it would go away. So that's… I just… I know that's something that not every state has a Certificate Of Need program and so it's just good to know that we are… that we would be extending ours by 10 years were we to adopt the Bill. So, thank you much for the answers to the questions."
"Thank you."
"Mr. Harris." Harris, D.: "Thank you, Mr. Speaker. Question of the Sponsor."
"Sponsor yields." Harris, D.: "So this extends the Illinois Health Facilities Planning and Services Review Board. It doesn't eliminate the Illinois Health Facilities Planning Services and Review Board, right?"
"That is correct." Harris, D.: "Right. Ladies and Gentlemen of House, to the Bill. There was a former President who used to have a saying that went like this, the closest thing to eternity here on earth was a government program once it got started. And this is the 10000118.docx 75 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 prime example of that saying because the Illinois Health Facilities Board, now the Illinois Health Facilities Planning and Services Review Board, came into existence in the 1970s. And the idea was, well, we'll have these planning… planning rules that not every hospital needs a CAT scan, not every hospital has to do hearts, not every hospital has to do every service. It didn't come about like that. The competitive nature of the health care marketplace says if a hospital over here has a CAT scan by gosh this hospital over here wants a CAT scan. If this hospital does hearts that hospital wants to do hearts. My point is that the planning prevents the competition. It can be easily argued that this a franchise protection. It keeps outsiders from coming in and lowering the cost of health care. So, my guess is this Bill is probably going to pass. I don’t know the why we have to do it now versus next year, but I will tell you if ever… if ever there was a government program that needs to go away, this is the one that needs to go away. Thank you."
"Mr. Wehrli."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, what happens if this sunsets? What… what are the repercussions of just letting this sunset?"
"Well, ironically enough, and I think I was going to maybe put this into my closing, unlike what the previous Representative said that speaks to competition and this will be an open market for hospitals, I think another challenge would be is where those hospitals are. This process at least tries to make sure that when someone files an application and 10000118.docx 76 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 wants to do something that they are trying to ensure that they're not leaving communities that within the unserviced that they are trying to make sure that Medicaid patients are taken care of. So the idea of having competition means that a different set of rules and criteria will apply and that those same hospitals will then be making decision about who they want to service. And so this Act and this process offers some protection relative to making those kinds of decisions. So, you can talk about the consequences. If this goes away, there are some real consequences that will happen, if this goes away."
"So has this board ever been abused politically?"
"Abused… has the board been abused politically?"
"Has the process been abused politically?"
"Not that I'm aware of."
"To the Bill. So there's a former Governor currently serving 14 years in federal prison. He just appealed to the United States Supreme Court, it was denied. And part of it was based on this board. There's a hospital in the district that I represent by the name of Edward Hospital that had to go through this exact process, the director, the CEO of that hospital wore a wire at federal request to expose the corruption that was part of this process. I understand what you're saying about free markets, but it is about free markets. This is a laborious process. It is rife with corruption. It is time for this board to simply go away. The market will dictate and health care will go to all if they're allowed to. This process… I was just speaking with my seatmate, simply moving a building you have to go through 10000118.docx 77 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 this. So it allows abuse from somebody that’s… to the Bill by the way… that allows the owner of a building to then block the process here so they can continue to collect rent from a building that this hospital may or may not have wanted to move out of. This process needs to be scrapped. This is one of the worst things we do in the State of Illinois. A Governor is in jail because of this. Please vote 'no'."
"Mr. Riley."
"To the Bill. I support the passage of this Bill. One of the speakers from a few minutes ago, who I really respect, just has a different opinion than I do of what this Bill does. This Bill does protect, I feel, the marketplace because one of the things that it does do it does look at utilization within a hospital. It looks at adding other units of service of care. And it does look at whether or not one particular institution has a CAT scanner, does another particular institution need one too. We have gone on and on and on and on in this country with regard to looking at the adequacy of health care and whether or not it's being provided correctly. The genesis for this particular organization in our state comes from a federal statute. All health planners know about it. It was 93641, the 93rd Congress. Around 1974, I think it was, with the National Health Planning Act. They wanted states to be responsible with looking at the very things that this particular organization does. And to tie it to someone who's in jail right now, that has nothing to do with the organization itself, had to do with people who are untrustworthy, not this organization that's try… or you know, department rather, that's trying to look at adequacy, 10000118.docx 78 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 duplication and all the things that we always say that are for. So don’t tie something that's totally unrelated with what this Bill is trying to do. I support this Bill and you should too."
"Mr. Demmer."
"Thank you, Mr. Speaker. To the Bill. Representative, I appreciate the comments you made about the purposes of the Health Facilities Planning Board. I would just encourage Members to consider this. We… we have until December 31 of 2019 to extend this Act. This Bill would extend the Act for another 10 years. Over the course of the last couple years, Representative, you’ve been involved in many of these efforts. There have been changes that have been made to the Health Facilities Planning Act. We've provided a streamlined review process for closures. We've changed some of the rules about the steps you have to go through for it. And I think all of those are appropriate ongoing reviews that happen. But I suggest that before we make a commitment to extending this for 10 years, we take the year that we have… a year and a half that we have… right now to make sure that we understand what are the pros and cons of a board like this. What are the specifics duties? What are the obligations? And I bring that up because I think there's an important ongoing issue that, recently when this chamber passed the provider assessment tax, the hospital assessment Bill that went through here with broad bipartisan support, one aspect of that included a program to allow hospitals to transform, allow hospitals to better meet the needs of folks going forward. And in order to allow hospitals to do that, we actually had to provide an 10000118.docx 79 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 exemption from the CON process because we knew that might put some steps in… some hurdles in their way. And so I think before we go… when we make a commitment that says this Act should be in place for another 10 years, we should take the time that we have to have a good discussion about what should be subject to this… to CON, what should not be subject to it. Maybe there's specific exemptions that we can give to try to support some safety net hospitals who are looking for ways to transform. We should be supportive of those efforts. We should be responsive to what's changing in the health care industry across the state. And we should work, I think, collaboratively with the Health Facilities Planning Board to ask over the course of the next 10 years what else is going to change in health care? What are all the different things… all the different pressures that we'll see in the health care market for the next 10 years? We have some time to do that. And so, you know, while I don't think there's a specific 'yes' or specific 'no' on this Bill, I would encourage us to take the time that we have, maybe set this Bill aside knowing that we have, you know, 18 months to continue these discussions to really be sure that we're comfortable with the Act as it stands for the next 10 years going forward. Thank you."
"Representative McDermed."
"Thank you, Mr. Speaker. To the Bill. I would really urge the Body to consider the remarks of my colleague from Dixon. I really think we need to take some time. What this Bill does is freeze into place the current situation. And it's a very anticompetitive Bill. It shields hospitals from needing to change and be responsive to the market. It drives 10000118.docx 80 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 up costs in the State of Illinois. And it generally puts hospitals in a position of wanting to protect the status quo instead of changing and transforming, as my colleague pointed out, into the 21st century. We can do a lot better than this. We need to make our health care providers subject to the marketplace and more responsive to our citizens so that they're offering the best care at the least cost. This health facilities planning process does not do that. We certainly need to take the time between now and when this expires to update and perhaps slim down this process in order to assist or citizens to the best health care at the lowest cost. Vote 'no'."
"Mr. Davis to close."
"Thank you very much, Mr. Speaker. I certainly appreciate the comments. I think probably what's one of the more disturbing comments was the Representative standing in the back that talked about a Democratic Governor who used this process for presumably his own benefit; and therefore, let's get rid of it because of what he did to it. But that brings to mind a Republican Governor who used the Secretary of State's Office for his benefit. Now are we getting rid of the Secretary of State's Office because of what he did? No. It has a viable… it's a viable organization and as a result there have been reforms, there have been things put in place to make sure it does not get abused again. So, again, if we're going to make the correlation, well, then we can make other correlations as well. This board has a viable process to make sure that communities are not left underserved. Ironically enough, when Silver Cross decided to move from Joliet, this 10000118.docx 81 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 board made sure that they left services, didn't say you can't move. So we're trying to impede that process or that competitive process, but it said you just can't leave communities that are underserved without leaving them something, so to make sure that they left something in Joliet. So this process helps to protect communities, underserved communities in particular. And again, what we know about the competitive, the free market process is that it's all about the bottom line. They don't give a damn about communities. They don’t care whether they move from this community to that community. They're just trying to find the best payer mix. This process protects underserved communities and that's why we should allow them to continue to operate for another 10 years. So regardless of the things that were mentioned about transformation, those conversations can take place. And not every hospital is going to go through a transformation. So if you want to talk about that section of hospitals, fine, let's talk about that, but that's not every hospital. So let's not throw, as they say, the baby out with the bath water and then just open it up without any checks and balances. Let's keep this process in place. And again, if the current Governor, that's making appointments to it, decides at some point maybe it does need to go away then of course he'll ask one of you, maybe even ask me I don’t know, to introduce a Bill after we’ve had all the conversations that many of you are talking about with regard to the process. But for right now this is our protection and it needs to remain in place. I ask for a 'yes' vote." 10000118.docx 82 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"Mr. Wehrli, you've already spoken in debate. For what reason do you rise, Sir?"
"I'll take it up later."
"Gentleman does not wish to speak. Those in favor of Mr. Davis'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? Ford. Mr. Clerk, please take the record. On this question, there are 62 voting 'yes', 50 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4711, Mr. Breen. Please read the Bill."
"House Bill 4711, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Mr. Breen."
"Thank you, Mr. Speaker. House Bill 4711 comes to us from the DuPage County State's Attorneys Office. The issue that it’s seeking to address is merely to codify Appellate Court precedent that when you have a neighbor suing a land owning violator… so they're violating a zoning ordinance or a Building Code… that that suit doesn't involve the unit of government that enacted the zoning ordinance or the Building Code. We've got a special provision in our state statutes allowing those suits by a neighbor against a neighbor. And the purpose of it is when the municipality or county or township is slow to act. So there's no provision in the law to bring them into the lawsuit. The Appellate Court says you can't. The problem is people keep filing lawsuits bringing them in. So they're having to use public resources to defend themselves against what are essentially frivolous claims. So 10000118.docx 83 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 we want to make it very, very clear that this language is just inserted in the law to make sure folks don't join the municipality."
"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? Mr. Clerk, please take the record. On this question, there are 110 voting 'yes', 1 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Mr. Wheeler." Wheeler, K.: "Thank you, Mr. Speaker. Please excuse Representative Bill Mitchell for the rest of today."
"Thank you. House Bill 4998, Representative Bryant. Please read the Bill."
"House Bill 4998, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Representative Bryant."
"Thank you, Mr. Speaker. I rise in support of House Bill 4998. We did a similar Bill last year for those who are being released from the Department of Corrections so that they have the availability to get an ID as they are released. This is now for Department of Human Services so those who are released form mental health facilities can obtain an ID card before they leave. And if they don't have the documentation, birth certificate and some of the other documentation needed, they get a temporary ID for 90 days. It's to help those who are going into the community get an easier start. And I'll take questions, but I urge an 'aye' vote." 10000118.docx 84 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"Mr. DeLuca. Those… those in favor of the Lady’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? Please take the record, Mr. Clerk. There are 111 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5062, Representative Flowers. Representative Mary Flowers. Mr. Clerk, please read the Bill. No running, Representative."
"House Bill 5062, a Bill for an Act concerning education. Third Reading of this House Bill."
"Representative Flowers."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 5062 is a job training Bill. And currently in state statute we had vocational education, then we had… we still have technical education and this is advanced technology education. And we have an opportunity to train young people throughout the state, those who choose not to go to college, train them for the skill jobs in manufacturing, that the manufacturing industry need desperately. And this is an opportunity where the state can get federal funds. And it's just a win-win situation for everyone. And if we were to implement this program, it'd be more revenue for the young people and much more revenue for the State of Illinois. So with that being said, I'll be more than happy to answer any questions you may have in regards to House Bill 5062. I would appreciate the passage."
"Mr. Breen."
"Thank you, Mr. Speaker. Will the Sponsor yield?" 10000118.docx 85 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"Sponsor yields."
"Representative, I just want to make sure we're clear on your Bill. So the idea is the State Board of Education has to implement a… an advanced manufacturing technical skills program in no less than 12 high schools, including 2 high schools on the west side of Chicago, 2 high schools on the south side of Chicago, 2 high schools in the south suburbs of the City of Chicago. That's… that's the scope of the Bill. That's what they're doing, right?"
"That's correct."
"Okay. Now who's going to pay for the required… I believe it says adequate funding for at least one industry coordinator, tutoring pre-employment, on the job mentoring, professional leadership development, life and financial management instruction. Who's going to pay for that, the state board?"
"The state board. It's their responsibility. It is within the law that the state board has an obligation to go out and seek funds and funds are available. And furthermore, the manufacturings are willing to put in their moneys as well because they need the help. And I wanted to just give you an example, years ago before the new cars came out you used to be able to go to your alley mechanic to get your vehicle fixed, but now there's all this technical stuff with the cars. And so Mercedes and Chryslers they work with the junior colleges to help train students so they can hire them to fix these vehicles. So they've made an investment in their own company and they made it so that people were able to become educated on how to fix their vehicles and it's a win-win 10000118.docx 86 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 situation. And now you can get your car fixed. And people working and creating jobs. More revenue for the state."
"Thank you. And I certainly supportive of the concept. The problem is, is the… the funding of it. And I'll go to the Bill. You know, this is a… the Representative was mentioning what, you know, my local mechanic, well, has interns from our local community college; they go and work there. The problem is is that our community college pays for it not the State of Illinois. And of course there are geographic boundaries on this. So it's… we're going to make sure the community… make sure the high schools in Chicago and various parts of Chicago, and the Chicago suburbs, and the south suburbs have this program at their high schools paid for by the taxpayers of the State of Illinois. With all due deference, you know, we've sent a lot of money to the City of Chicago Public Schools. I see their… at least their union is a proponent of this program. Be glad for them to do it and pay for it themselves, which really they ought to. I'd love to have them send some of the money back and actually pay for it in my local high schools as well. So, again, love the concept, but the funding mechanism is… is deficient in this particular way. So I would respectfully urge a 'no' vote on this particular measure. Thank you."
"Mr. Pritchard."
"Thank you, Mr. Speaker. Would the Sponsor yield?"
"Sponsor yields."
"Representative, I compliment you on focusing on a real need that we have in the State of Illinois. The Illinois Manufacturers Association, as well as your organization in 10000118.docx 87 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 Chicago, have identified getting interns, getting young people interested in manufacturing careers is a major need. But I have a few questions about the proposal that you have before us. Is this a voluntary program that the schools would participate in?"
"There's… the 12 schools would be identified. And so if they are identified, they shall participate. It will be voluntary if they so choose to want to, but once they are identified, they will have to participate, yes."
"And your Bill also requires the state board to provide the curriculum for this. Is that correct?"
"Yes. And that is the current law for the state board. Again, their… in current law it is… the General Assembly designated the state board responsibility for educational policies and guidelines for public schools, preschools, grades through… through 12, career and technical vocational education in the State of Illinois. That is what’s in current law. That is currently now what the state board shall do. They shall analyze and present for future needs and requirements of the education in the State of Illinois and make recommendations. And the power… the board should also seek out funds to help fund the training programs."
"But the state board does not generally provide the curriculum. We've heard in a number of other Bills where we're requiring them to do some things that those other organizations generally provide the curriculum or give the state board an option for perhaps working with a provider that would give that since they don't have the resources to do that." 10000118.docx 88 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"Representative, again, I'm just going to repeat to you what's in state statute under the superintendent public instruction dated January 12, 1975. And it says, the board is responsible for the educational policies and guidelines…"
"Right, not the curriculum."
"…in conjunction… And also… also in another Section it talks about how the state board have to go out and seek and work with these companies in order to carry on these programs, to help create the policies and the programs."
"Your… your Bill also talks about the state board assuring us that those 12 districts have the resources to hire certain people to mentor the students. How is…"
"Well…"
"…the board going to do that when we allow local control at local boards to determine how their funds are used?"
"Again, Representative, it is up to the state board to… it currently it is their job to seek out the funding. And for instance, there are… under the National Science Foundation, there are various collaborations with other schools that's given millions of millions of dollars. And I'll be more than happy to share with you that information, just for programs such as this because this is creating jobs, this is creating revenue for the various states. And so we're just keeping up with the modern times. We are moving into the 21st century. There's new technology out there. Young people need to be trained. Manufacturers need trained people. And this is a win-win situation. And it is currently in the state board's authority to do so." 10000118.docx 89 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"You also require in your Bill that these 12 schools or programs would be located in districts with the highest unemployment. If that is the case, how do we know there's going to be employers in that area that can take advantage of this new educated workforce?"
"You know, Representative, the employers… when you say that area, you mean in the City of Chicago or on the south side? Because the employers could be anywhere. That's the good thing about technology once you achieve that education you can take it any place with you. And so it doesn’t necessarily have to be down the street or around the corner. And people are free to travel back and forth."
"But they may not be able to ‘cause we constantly hear about problems…”
"Well, then that’s not… but that's not in the Bill."
"…on the south side of Chicago."
"That is not in the Bill, Sir. That's not in the Bill. But there are certain areas…"
"No."
"…there are certain areas of the state that is in need of training. Currently in your area I'm sure there's some type of technological training going on right now."
"I agree but…"
"But in other areas of the state…"
"…your Bill you're specifying that these schools would be in the Chicago area. So I'm just questioning, if there's high unemployment, are there employers to take advantage of this educated workforce?"
"The answer is yes." 10000118.docx 90 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"And you're going to help work with the state board to help those young people get jobs?"
"That's the State Board’s job."
"No. That's all of our jobs. And that's…"
"No…"
"…part of the problem in the Legislatures. We're scaring employers away rather than working…"
"No."
"…with them to come into our areas where are there are high unemployment. All I’m saying, Representative, is this is a good Bill, a good idea."
"Thank you."
"But there's issues that we have to consider in here. And I'm concerned about the cost on the state board. I'm concerned that these graduates will find jobs. And that's our job as Legislators is to also work with our communities to try to find them. Thank you, Representative."
"Representative Flowers to close."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. There are a lot of manufacturing companies throughout the state that's seeking trained people to come and work for them. They are in need of workers. There are young people out there that's in need of training. It is the responsibility of the State Board of Education to… it is the responsibility of the State Board of Education to provide education in a term applied to schools, institutions, an educational program that specialize in skill trades and applied science and modern technology. That's exactly what this Bill would be doing. That is currently the definition of what the state board 10000118.docx 91 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 should be doing right now. This is a good Bill. This legislation is about reform, reforming from vocational education, technical education, to advanced technology education. This Bill is a win-win situation to help the State of Illinois bring more revenue into the state's coffers. I would really appreciate, for the sake of the young people, for the sake of the state, I would really appreciate an 'aye' vote on House Bill 5062. Thank you."
"Those in favor of the Lady’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? Ladies and Gentlemen, please record yourselves. Cassidy. Mr. Clerk, please take the record. On this question, there are 79 voting 'yes', 31 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5201, Mr. Ford. Please read the Bill, Mr. Clerk."
"House Bill 5201, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Mr. Ford."
"Thank you, Mr. Speaker and Members of the House. House Bill 5201 is an initiative of the Cook County Recorder of Deeds Office. 5201 creates the mechanics lien demand and referral pilot program and provides that the program is to expire on January 1, 2022. A mechanics lien is a legal claim available to contractors or subcontractors or suppliers for providing service or materials to a customer but is not paid. The lien is a tax to the real property from the date that the work is completed or material furnished. The goal of this Bill is to simply give the contractor or the subcontractor or 10000118.docx 92 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 the supplier two years to bring a suit for the claim or they will no longer have the right to sue for their mechanics lien. I move for the passage of House Bill 5201. And I’ll take any questions."
"Mr. Breen."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"And Representative, just so that I'm clear about the reason for the change. It was a suggestion of the Cook County Recorder's Office, but the idea is that invalid and expired mechanics liens are clouding title to property and so this is attempting to establish a process to demand and refer those liens that have been recorded but not litigated out… out of the system so that you can clear the titles… or clear a title to the property?"
"Correct, Representative."
"Okay. Seems like a good Bill. Thank you."
"Thank you."
"Representative Ammons."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Thank you. Representative, can I clarify the intent of 5201? As I read it here it suggests that current law allows a contractor or subcontractor or supplier to currently place a lien. Is this on a… like home of some other person?"
"Yes. It’s for a real property."
"Okay. And so they can currently place a lien as it… as of current law today?" 10000118.docx 93 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"They could place a lien, but it would have to be litigated to solidify that it's a good lien. Right now, we have lots of mechanic liens being placed on properties, but there's been no claim to bring them forward. So people may be trying to refinance their properties or sell their properties and they cannot do so because the mechanics lien is on their property and the contractor, supplier is nowhere to be found and that causes problems for the homeowner."
"And it… so, this particular Bill would make them have to bring it forward before you can just… you just can't leave the lien on this property. Is that what it’s doing here?"
"This… if this Bill should become law, it gives them two years to bring forward a claim to court to try prove that their claim is legit."
"And then after the two years, then it would… that lien, assuming they don't bring that forward, then that lien will drop off of that property?"
"That's right. The contractor, supplier, or subcontractor would lose the right to sue for that mechanics lien and that property will then be free of it."
"Okay. Thank you… I thank you for the clarification."
"Thank you."
"Mr. Batinick."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"My understanding is that this only affects counties that have code hearing units. Do you know which counties have them and which don't, Representative?" 10000118.docx 94 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"Out of 102? I’ll… let me run them down to you. No. I'm not sure, but I could find out. One moment. Okay. Yeah, we don’t have the number, but we do believe that most counties have administrative courts to hear these claims."
"Okay. So it's not like just affecting a few? Okay."
"That's right."
"Thank you."
"Representative Willis."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Is it my understanding that Cook County sort of did a pilot program on this where they're notifying people and there are liens and it was very successful. Is that not correct?"
"I'm not sure, but this will be a pilot program."
"Okay. So my understanding when I was… with some work that I had done with the Recorder that she actually had something similar to this. And one of the most important aspects to this Bill, I think from what I'm reading, is notification of the homeowner that they have a lien against them. So that they're not blindsided later on. Is that not correct?"
"You're correct."
"Thank you. To the Bill. I had a constituent in my area that had this happen to them and it cost them thousands and thousands of dollars trying to clean up something that was on there for 15 years that they had absolutely no idea that they had this lien on there. And it was actually a very small lien, but again, it was a problem of that they had no idea who this person was, how to get through it and working it. And they 10000118.docx 95 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 actually wanted to take out a second mortgage to expand their house and they couldn't because of this lien. I think this is a wonderful piece of legislation. It's good business. It does… it certainly doesn't do anything to belittle or lessen the debt that is owed, but I think it puts some responsibility on the other side of that also that you need to make sure that you also have your ducks in a row when you're asking for payment. So I strongly urge the Body to give us an 'aye' vote on this. Thank you, Mr. Ford."
"Mr. Ford to close."
"Thank you. I move for the passage of 5201."
"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 110 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5195, Representative Greenwood. Out of the record. House Bill 4956, Mr. Cavaletto. Please read the Bill."
"House Bill 4956, a Bill for an Act concerning education. Third Reading of this House Bill."
"Mr. Cavaletto."
"Thank you, Mr. Speaker. House Bill 4956 helps to address the problem of the shortage of teachers. It amends the Educator Licensure Act of the School Code, provides at the beginning of 2019-2020 academic year every public university in the state, that offers an educator preparation program, must offer to those students enrolled in the educator preparation program a three-year degree completion program. 10000118.docx 96 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 Provides that the prior to implementation of the program a public university shall submit to the Higher Board of Education a curriculum and requirements for this program of approval. Provides upon the completion of the program a student shall receive a bachelor's degree and qualify for entitlement for licensure. This requires the Board of Higher Education, in consultation with the State Educator Preparation and Leisure Board Act of the State Board of Education, to adopt rules to implement this program. This Bill would help to cure our shortage of teachers. And I think it's a three-year degree streamlined in the edu… in the curriculum area that a teacher will be teaching. In other words, if you're going to be an English teacher, that's the courses you'll be taking. If you're going to be a math teacher, you'll be taking math courses. You don’t have to take the physical education, the physics, the chemistry. If you want to be a good teacher, then they're going to streamline it in your curriculum. I’ll ask for an 'aye' vote. Texas has this program, too, by the way."
"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. Ammons, Moeller. Mr. Clerk, please take the record. On this question, there are 96 voting 'yes', 11 voting 'no', 2 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5686, Mr. Butler. Please read the Bill."
"House Bill 5686, a Bill for an Act concerning State Government. Third Reading of this House Bill." 10000118.docx 97 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"Mr. Butler."
"Thank you, Mr. Speaker. House Bill 5686 is merely a piece of cleanup legislation from the consolidation of the Historic Preservation Agency with the Department of Natural Resources last year. We're just going through the Code and making sure any references to HP are changed to DNR. And I'd be happy to take any questions. Urge an 'aye' vote."
"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? Mr. Clerk, please take the record. On this question, there’s 108 voting 'yes', 1 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4909, Mr. Guzzardi. Mr. Guzzardi. Please read the Bill."
"House Bill 4909, a Bill for an Act concerning health. Third Reading of this House Bill."
"Mr. Guzzardi."
"Thank you, Mr. Speaker, Members. This Bill is a follow- up on a Bill that we did last year which enabled homeless Illinoisans to get access to their birth records from the state without having to pay a $10 fee. This Bill would simply extend that to youth in care, our foster youth and foster alums, youth who… who were in care out to the age of 27. This birth certificate is a vitally important document to enabling them to rent a home, to get a driver's license, to find a job, and to live a healthy and sustained life. And I ask 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 10000118.docx 98 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 voted who wish? Have all voted who wish? Burke. Please take the record. On this question, there are 111 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4702, Mr. Halpin. Please read the Bill."
"House Bill 4702, a Bill for an Act concerning civil law. Third Reading of this House Bill."
"Mr. Halpin."
"Thank you, Mr. Speaker. House Bill 4702 is a codification, yeah, within the Trusts and Trustees Act relating to the powers of appointment. Right now the laws governing powers of appointment, which is disposition of property after giving someone authority to do dispose of property. Currently that's all scattered in case law. And what this uniform Act does is codify Illinois law into statute. It helps practitioners. It helps clients. And I'd… happy to answer any questions, but I’d ask for an 'aye' vote."
"Mr. Breen."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Thank you. And Representative, just to make clear. We're not changing the existing law on trusts that much. We're making some small changes, but they're pretty well agreed by the… by the various attorney groups involved?"
"That's correct. This is a nationwide effort trying to actually codify law and make it as uniform as we can but including the existing Illinois specific parts of the… of the statute." 10000118.docx 99 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"Great and bringing it all in one place in the Code so you can actually read it all in one spot instead of having to jump around?"
"It saves times for attorneys. You don't have to figure out what the latest case says. It's right there in the statute for the most part and it saves clients money."
"Great. Great Bill. 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 record yourselves. Arroyo, Bristow, Carroll, D'Amico. Mr. Clerk, please take the record. On this question, there are 111 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Wehrli is recognized."
"Thank you, Mr. Speaker. Can the record please reflect that on HB5686, we had a malfunction in the back row and I intended to vote 'yes'?"
"The record will reflect your intentions, Sir. House Bill 5513, Leader Durkin. Please read the Bill."
"House Bill 5513, a Bill for an Act concerning gaming. Third Reading of this House Bill."
"Mr. Durkin."
"Thank you, Mr. Speaker. This is an issue and an idea that came to me from the Chicago Police Memorial Foundation asking that they be able to participate in a scratch-off process for lottery tickets in which they will use the moneys to fund grants for buildings, maintaining memorials and parks, holding the annual memorial commemorations, giving 10000118.docx 100 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 scholarships to children of officers killed or catastrophically injured in the line of duty or those interested in pursuing a career in law enforcement. Also, we've seen this Bill over the past few years. I added a provision in there which would allow for a purchase of replacement of bulletproof vests for officers who… throughout the State of Illinois. The Chicago Police Memorial Foundation was established in 2004 and their main goal and their mission is to strengthen the relationship of the Chicago Police, its businesses and civic leaders. They do an amazing job of providing relief to families that have lost a loved one who was killed or injured in the line of duty. And one of the issues that, again, I mentioned earlier was the issue of bulletproof vests. In Chicago, a police officer is given one vest for free. It has about a five-year life span, but it costs $500 to replace it and that's on the police officer’s dime. And I think it's important that we give police officers the opportunity to be able to have moneys that the public would like to invest through this process to be placed in this fund which would go to the Illinois Criminal Justice Authority and it would be distributed to the State Police and also the Chicago Police Memorial Foundation. I'm prepared to answer any questions."
"Mr. Harris." Harris, D.: "Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I just want to explain the reason why I'm going to be voting 'no' on this Bill. And it's certainly no disrespect to the Minority Leader. I vote 'no' on all of the individual scratch-off Bills simply because, think about it, if every 10000118.docx 101 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 Member of the General Assembly had an individual scratch-off Bill, there would be confusion out there within the lottery in terms of what to do and what to play and it would dilute the gaming of the lottery. Additionally, if you look at the revenues that come in from these individual scratch offs, and there are currently five of them this would be the sixth, what has happened is the first year there's… there's a lot of enthusiasm and those individuals buy tickets, but then there's a fairly noticeable drop off over the years. So I'm simply concerned that this isn't going to provide the type of money that's really going to be needed. Again, it's just a 'no' vote on my part. I vote against… I vote 'no' on all of these. Absolutely no disrespect to the Minority Leader on this, just a position on my part that I don't think it's… we, the Legislature, should be dictating individual scratch offs. Thank you very much."
"Leader Durkin to close."
"Thank you, Mr. Speaker. I think this is a great way to honor the men and women who on a daily basis put the uniform on and oftentimes when they kiss their loved ones goodbye it may be the last time. Just to… you know, we have 12 thousand Chicago Police Officers and we have about 1200 Illinois State Police Officers who work extremely hard for us. And I think if we can give them that opportunity to raise funds to help those families that are in need, all the better. I would appreciate an 'aye' 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? Kelly Burke. Please 10000118.docx 102 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 take the record, Mr. Clerk. On this question, there are 106 voting 'yes', 1 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Breen is recognized."
"Thank you, Mr. Speaker. Please excuse for the remainder of the day Representatives Demmer, Welter and Sauer."
"Thank you, Sir. House Bill 4096, Mr. Harris. Out of the record. House Bill 4808, Mr. Fortner. Please read the Bill."
"House Bill 4808, a Bill for an Act concerning elections. Third Reading of this House Bill."
"Mr. Fortner."
"Thank you, Speaker, Members of the House. House Bill 4808 is the initiative of the State Board of Elections. What it does is it brings the process for write-ins into alignment with the way other candidates apply for those same offices… for those offices like our own that apply with the State Board of Elections it would say that the write-ins have to be filed with the State Board of Elections. It had a lot of trouble with making sure that all the write-ins are canvased properly. This is designed to address that. It also adjusts the dates to align with their calendar better and includes a start date for when write-ins may file. I’d be happy to answers any questions."
"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? Currie. Please take the record. There are 108 voting 'yes', 0 voting 'no'. And this Bill, having received the 10000118.docx 103 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 Constitutional Majority, is hereby declared passed. House Bill 4822, Mr. Halbrook. Please read the Bill."
"House Bill 4822, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Mr. Halbrook."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 4822 creates the Local Government Electronic Notification Act which allows for, but does not require, local governments to transmit electronically notices that are currently required to be sent to the U.S. Mail. I know of no opposition and ask for an affirmative 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? Moylan, Burke. Please take the record, Mr. Clerk. There are 108 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4395, Mr. Hays. Please read the Bill."
"House Bill 4395, a Bill for an Act concerning government. Third Reading of this House Bill."
"Mr. Hays."
"Thank you, Mr. Speaker. House Bill 4395 amends the Illinois Government Ethics Act to remove the prohibition of electronic filing by a candidate for elective office who has to file a statement of economic interest. This is an initiative of the Illinois County Clerks and Recorders Association. Be happy to answer any questions." 10000118.docx 104 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"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? Manley. Please take the record, Mr. Clerk. There are 106 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5537, Representative Jesiel. Please read the Bill."
"House Bill 5537, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Representative Jesiel."
"Thank you, Mr. Speaker. House Bill 5537 is an IDHS initiative. It's a technical cleanup. It would update the statute to be consistent with the current persons centered practices and federal regulations. It also addresses an audit issue."
"Representative Hurley. Is your light on on purpose? It was. The Lady does not wish to speak. 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. Burke, Crespo. Please take the record. There are 108 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4295, Representative Jimenez. Please read the Bill."
"House Bill 4295, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Representative Jimenez."
"Thank you, Mr. Speaker, Members of the chamber. One hundred and seventy nine years ago, when Abraham Lincoln was 10000118.docx 105 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 a Member of this chamber, he joined eight other Legislators called the Long Nine successfully moved the State Capital to Springfield. In the research, they fought for that because it was a more central location in our state than Vandalia. As one of the Representatives of the capital city, one of the concerns over the years has been that our state employment be centrally located here. I understand that we're a large and diverse state and so the intention of this Bill isn't to move jobs that need to be in another geographic location. So I'm grateful for your support on the idea in the past and we have passed a House Joint Resolution that asks CMS to work with the other departments to identify what are the best geographic location for state jobs and let us know which jobs could, in the future, be located in Sangamon County. So with that data in mind, our Bill today, House Bill 4295, directs the CMS Director to work with other agency directors to set a geographic location for all of the state jobs and if there isn't a necessity to have it somewhere elsewhere in the state, the default location should be Sangamon County. This Bill just applies to agencies under the umbrella of the Governor and it will only apply to currently vacant jobs or jobs as they become vacant in the future. I'd ask for your support on House Bill 4295."
"Representative Ammons."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Thank you. Just want to clarify that this Bill asks them to study the potential location of future positions and not current. Is that correct?" 10000118.docx 106 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"So, there's… a study has already been done. We passed the House Resolution a couple of years ago."
"I'm sorry? I cannot… I can't hear you at all, Sara. I'm sorry."
"Okay. So a study has already been done of the state's workforce and this would apply to nonunion and the study showed that there are potentially 400 jobs that are currently filled or vacant that could someday move to the capital city."
"So this…"
"Our intention is not to uproot anyone who is currently in a job. It's only as the jobs become vacant."
"So currently, if there are positions that are located in other parts of the state, this could potentially require those positions to be relocated to Springfield? That's basically what it's doing."
"So what the Bill directs the CMS Director and the agency directors to do is to provide a geographic location for each state job in the state. And obviously a lot of jobs need to be in all parts of the state. But if there is no necessity for a geographic location, then that default location would be Sangamon County."
"Okay. So I just wanted to make sure. People are hearing that this is potentially could move jobs from other parts of the state to Sangamon County and you guys should know that that's the potential of this Bill as it is currently being presented. Thank you."
"Mr. Batinick."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." 10000118.docx 107 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"I just wanted to clarify something. This has nothing to do with current positions, Representative? This is just for vacant positions should go to the spot that makes the most sense in this state. Correct? Is that… am I misreading that?"
"So what the Bill does is it directs the CMS Director and agency directors, which they've done in the past, to identify which geographic location in the state would best serve all of our constituents. They designate that geographic location and then as the job becomes vacant, so there will be no moves of current folks in that designation, if there is no specific place it should be, because we're the capital city, we've been the capital city for then more than 170 years, the default location would be Sangamon County."
"So it… but it moves no current… current positions…"
"Correct."
"…and no individual would be moved, correct?"
"Correct."
"And if this is all just about the most efficient spot when necessary, correct?"
"Correct."
"Okay. Seems like common sense to me. I urge an 'aye' vote. Thank you."
"Mr. Davis."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Just, again, I apologize for you having to repeat this, but you said something about if it's not necessary for that 10000118.docx 108 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 position to be in another part of the state. How is that determination made?"
"So the director of the agency, who oversees all the employees, makes that determination where the jobs are located. So…"
"Through…"
"…obviously, if there are constituents that need to be served in that location, it's obvious. If it’s the Department of Corrections, there's a prison, it's obvious. If there is not a necessity for that job to be in a specific geographic location to serve the people because this is the central part of State Government, Sangamon County and Springfield, then that job would be designated to be in Sangamon County."
"My question though is process. So you said the CMS Director makes a determination through…"
"The CMS… yes. So the CMS Director and the director of each state agency, wherever the job falls, makes that determination. So they, as part of the Bill, they are able to say this geographic location is necessary in county x because of this and it can be done."
"Again, that's what I’m… through what process? They just get together over a beer and say, hey, let's move this position here or that position… I mean, process. What is that process that they undertake or is it just the two of them coming to an agreement?"
"So I think, you know, right now directors have this authority, right, where state employment is. Also, in my Bill these are nonunion positions. And so the unions are taking a neutral position on the Bill.” 10000118.docx 109 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
“Okay.”
“So the directors determine right now, without this Bill, where a state job should be, right? We don’t have a process. So with my Bill what it's acknowledging is that Sangamon County is the cap… in Springfield is the capital city. We are the headquarters of State Government. That's been determined by Abraham Lincoln and others 170 years ago. And so, if there is no geographic location where our constituents could best be served around the state, then… then the director would designate Sangamon County as the location for that job."
"But I mean, the fact that if I'm in northern Illinois to think that I may not have the need for someone from the EPA or DNR for that matter, even though I'm in the south suburbs… I mean, I'm just trying to make sure I understand because what it would imply is that, again and I'll just say sometimes, you know, state employees don't have the familiarity with the entire state maybe they should, that they would then be making arbitrary decisions about moving employees. As you indicated Sangamon County would be the default county but that's why I'm asking about process. Because again, with regard to what you said earlier about they have the ability to do that but their ability to do that is not then based on the fact that if they make a decision and it automatically comes to Sangamon County. Your Bill would say that it automatically comes to Sangamon County. So they could make a decision currently and then that position could go to another county. But…"
"And they can designate… if they designate a geographic location other than Sangamon County, my Bill allows for that. 10000118.docx 110 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 But if they don't designate a geographic location, where the need is for the constituents of our state, then the default would be Sangamon County."
"Again, you said that if they don't. So if they choose not to, then it automatically defaults here. And again, you said with regard to where the constituents have need, you know, constituents have need for any myriad of services at any part of the state. I guess I, again, just be concerned that this is an effort to centralize everything in Sang… well, those positions you speak of in Sangamon County without regard to the remainder of the state. And so then is the reverse of that true? That if they see a need to then move a position to another county they can then do that as well?"
"Yes. So under my Bill if the director of the agency and CMS they have the ability, under the Bill, to designate whatever county they believe best serves the constituents that we all serve. And so that's the ability they have. If they do not find a necessity of a geographic location for that, then the default is Sangamon County because we are the seat of State Government."
"So are you aware of any current situation where because a agency processes the majority of their claims in a particular area that decisions like moving employees has been made?"
"Can you clarify your question? I'm sorry."
"Well, I guess I'm looking at the reverse of that. So right now it says if there is no designation for a particular position then it would automatically be deferred here. So, I'm just wondering, have they ever declared a position and 10000118.docx 111 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 then said well the majority of that work is in another part of the state other than Springfield and then suggested moving that position up to Springfield?"
"So I do know…"
"I mean, up to another part of the state other than Springfield? I'm sorry."
"So, as we've studied this issue for the last couple of years, I've tried to be very thoughtful about how we approach it. In downstate Illinois and in Springfield, where the capital city is, there's been a long tradition of talking about how State Government doesn't seem to be centralized in Sangamon County. And that's why we kind of took this thoughtful approach to study all of the jobs in… in the state workforce study. And what we found was over the years there is movement as… you know as jobs become vacant we have data that shows some jobs have already moved to Sangamon County within the last couple of years. If there's movement in some other need, the directors have the ability to do that now. The intention of my Bill is to say if a geographic location isn't a necessity designated by the director, who should have a good knowledge of where the need is, then the default should be Sangamon County because we are the seat of State Government."
"Okay. Very briefly to the Bill, Mr. Speaker. So I think I share the same concern that one of the previous Representatives shared about the decision making process to do so. And if there's an overt effort to move all of the positions first then to Sangamon County and then fill them with people only from Sangamon County or in the surrounding 10000118.docx 112 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 area, I would be concerned that your Bill would accomplish something like that. And there wouldn't be any desire to then move those positions maybe back to where they were previously located and that the goal is to try to centralize as many jobs here in Sangamon County as they possibly can. So I do have some… some reservations about what you're suggesting. And again, if you're saying that agency directors and CMS can already do that, then the question would then become why is this Bill necessary in order to do it? You don't have to answer. I'm speaking to the Bill. So but that's a looming question that would be out there if they can already do it then why do we even need this Bill? So thank you very much, Mr. Speaker."
"Mr. Zalewski."
"Mr. Speaker, I move the previous question."
"Gentleman moves the previous question. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the previous question is put. Representative Jimenez to close."
"Thank you, Mr. Speaker. And I ask for the Members support."
"Those in favor of the Lady’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? Please record yourselves, Members. Burke, Currie, Feigenholtz, Olsen, Sente, Winger. Mr. Clerk, please take the record. On this question, there are 82 voting 'yes', 16 voting 'no', 5 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4507, Mr. Long. Please read the Bill." 10000118.docx 113 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"House Bill 4507, a Bill for an Act concerning government. Third Reading of this House Bill."
"Mr. Long."
"Thank you, Speaker. This Bill is an initiative of the Illinois Horsemen's Council and it amends the State Commemorative Date Act. Provides that March 5th is designated as the Day of the Horse as a day to encourage citizens to honor and celebrate the role of horses in the history and character of Illinois and to recognize the benefits of the horse industry to the economy, agriculture, tourism and quality of life in Illinois. I ask… I simply ask for an 'aye' vote."
"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? Burke, Carroll, Feigenholtz, Moeller. Mr. Clerk, please take the record. On this question, there are 105 voting 'yes', 1 voting 'no', 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Leader Turner in the Chair."
"House Bill 5143, Representative Mah. Mr. Clerk, please read the Bill."
"House Bill 5143, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"Representative Mah."
"Thank you, Mr. Speaker, Members of the Body. This is a Bill that is intended to raise awareness about bicycle safety and ultimately to save lives. An IDOT report has shown an increase incidence of dooring accidents over the past several years. 10000118.docx 114 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 These accidents can cause serious injury and even death. What this Bill does is it adds the Dutch Reach method of opening car doors into the Illinois Rules of the Road and it includes bicycle safety questions in the driver's exam. Dooring accidents take place when a bicycle is approaching a parked car alongside it… along the driver's side and the door is flung open and may injure or kill the cyclist. So the Dutch Reach method calls for opening the car door with your right hand so that you turn and look behind you to see if there's an approaching bicycle and you open the car door safely and without swinging it open. So I know of no opposition to the Bill. I've been working with the Secretary of State's Office. I ask for your support. Thank you."
"Chair recognizes Representative Breen."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor indicates that she will yield."
"And Representative, help me out here. So your Bill… I mean, it was amended by Committee Amendment 1. What… Does it mandate… did I hear you correctly in saying it mandates that when you park your car that you… when you open the door… and you park your car… you do a parallel parking of your car, you must turn your body and use your right hand to open the driver's side door?"
"So it's not a mandate. It places this method of opening ones car door into the Rules of the Road so that the general public is encouraged to learn about it and be prepared to answer questions about it on the exam. So it's designed to increase awareness about a safe method of opening a car door. And you know, if more people could be encouraged to use that 10000118.docx 115 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 method of opening the car door, it could potentially save lives. But there’s no penalty for not opening ones car door in that way."
"Now my analysis shows that it is illegal currently for any person to open a vehicle door unless it is safe to do so. Now if you're imposing a new standard requiring folks to… now you may not pay a penalty for… you know, there may not be an explicit criminal penalty for not turning as the driver and trying to open the door… or opening the door with your right hand, but when I read the current law which says, you can't open a vehicle door unless it's safe to do so, it would seem to me if we change the Rules of the Road then it would no longer would be safe to do so unless you reach over and do that."
"So it's consistent with current statute or current standards that you mentioned. It simply…"
"Right."
"…adds an additional method that is suggested and it has been proven effective in reducing these dooring fatalities."
"But again… so the current prohibition on opening your door in a way that you know opening a vehicle door unless it is safe to do so you now are going to have to reach across yourself. I'm concerned about folks who are elderly, others who are maybe of limited physical mobility both in terms of violating the existing Vehicle Code. But I have another concern. So if one of these accidents occurs, you have a door mo… you know, opened and they didn't see the bicyclist, is what we're doing here today then changing the duty of the driver, the standard of care of that driver, so that the 10000118.docx 116 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 bicyclist can now sue the driver and in a tort liability lawsuit, you know, it's duty breach causation damage. So now we're saying the duty is you've got to reach across your body. I mean, that's kind of a standard, the reasonable person's standard now, if we add this to the Rules of the Road. Isn't that what we're doing?"
"It's simply an educational tool to raise awareness about a method that encourages bike safety. And I don't believe that it is inconsistent with current Vehicle Code."
"I’m being told a few different things and… but again we're adding it to the Rules of the Road, advising drivers to use that method, including a test question on the Rules of the Road test, including a question that may involve the Dutch Reach method and we've got a law already on the books saying you can't open your door in an unsafe manner. I'm assuming now if I'm, you know, if you're the reviewing officer you're going to look at it and go, well… well, you're supposed to use the Dutch Reach method, you didn't, ticket. Oh, you know, you go to court. Oh, you were supposed to use the Dutch Reach method that's the standard of care that's…"
"Well, there's…"
"…that’s your duty. You've breached your duty, the reasonable person standard. All of a sudden you're getting sued for it. You could have made an honest mistake, you know, could have been a terrible tragedy, an accident, but it wasn't your fault you checked as best you could. Maybe you've got a condition or what have you. Again, senior citizens are not going to be able use the Dutch Reach method, at least some aren't." 10000118.docx 117 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"There's no penalty for not using the method. It's…"
"But I've just laid out two of them."
"…simply added to encourage bicycle safety and to encourage people to learn it. If it is a driver's exam question, it'll be taken more seriously and hopefully encourage greater awareness of a method that is safer then flinging ones door open without looking."
"Well… and to the Bill. I understand the intent of the Sponsor. It sounds like the Dutch Reach method is the safest method of opening a door when you have your driver's side parked in a parallel parking situation. I might wonder why this isn't a Resolution or whether we might want to merely say it's one of a number of methods that are acceptable instead of saying it's the preferred method, or what have you, or including it on our driver's test. Because I think you're opening the door for legal liability, both criminal and tort liability in a way that maybe had not been intended by the Sponsors. I'm going to continue to listen to the debate. I know some of my other colleagues have different views on this, but it just… those I think are significant concerns. Thank you."
"Chair recognizes Representative Butler."
"Thank you. Questions of the Sponsor, please."
"The Sponsor will yield."
"Representative Mah, this is… this Bill does not mandate the Dutch Reach for us in Illinois, correct?"
"That's correct." 10000118.docx 118 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"Representative, this just adds a question to the Rules Road test to educate people on the Dutch Reach. Is that correct?"
"That's correct."
"To the Bill, Mr. Speaker. This is a bicycle safety Bill to help educate people on dooring. And for those of you who do not know what dooring is, it's when a car driver gets out of the car without looking behind, opens their door and a bicycle runs into their door. So I would like everyone to read the legislation after what the previous speaker said and I will read it for you. The Secretary of State shall include in the Illinois Rules of the Road publication information advising drivers to use Dutch Reach method when opening a vehicle door after parallel parking on the street, checking the rearview mirror, checking the side view mirror then opening the door with the right hand thereby reducing the risk of injury… injuring a bicyclist, or opening a door in the path of a vehicle approaching from behind. Secretary of State shall include in the Rules of the Road publication. This does not mandate the use of the Dutch Reach. All it is is an educational tool that is an initiative of Ride Illinois, which is a great organization. I would fully support this Bill so we have less accidents in the State of Illinois. Thank you very much."
"Chair recognizes Representative Jesiel."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor indicates that she will yield."
"Thank you. Representative, I just have a really quick question. It says in the… or at least my analysis and the 10000118.docx 119 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 legislation that it would require that the Rules of the Road include this information. So my question is, do you have to throw out all the old Rules of the Road books and reprint new ones to include this?"
"I've been working with the Secretary of State's Office and they have been planning for an update already. And so I believe that it's something that is consistent with their scheduled process of updating their Rules of the Road."
"Okay. Do you know when that would be? I mean… because I would hate to see, you know, driver's license facilities, even our district offices, have to throw out a lot of publications because of this… of a mandated change."
"The process has already been started through the Secretary of State's Office to update their Rules of the Road booklet. And they have a process in place that would be taking place regardless of the passage of this Bill or not."
"Okay. Thank you."
"Chair recognizes Representative Guzzardi."
"Thank you, Mr. Speaker. Just quickly to the Bill. I want to echo the remarks of Representative Butler to say that I think it's quite plain that this Bill does not change anyone's legal liability, doesn't make people subject to additional lawsuits. It simply is a measure intended to instruct drivers on safety with respect to bikes. And I rise simply as someone who has been doored before. You guys may have seen me riding around Springfield. Back up home in Chicago I've been riding around on my bike and someone opens their car door and there's nothing you can do because you're riding as fast as you're riding and the door is suddenly open 10000118.docx 120 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 in front of you and it's very dangerous. I was fortunate not to be injured too badly, but I've had friends who've been injured quite seriously being doored. It's a real problem. And taking two seconds out of the driver's handbook to show people a safe way to open their door, so as to protect cyclists, seems awfully reasonable. I think it's a commendable Bill. I'm proud to be a cosponsor."
"Representative Mah to close."
"So, as I previously mentioned, this is a Bill to increase awareness about a road safety… bicycle safety measure and it has bipartisan support and does not mandate any particular behavior but is designed to save lives. So I ask for your 'aye' vote. Thank you."
"The question is, ‘Shall House Bill 5143 pass?’ All in favor vote 'aye'; all opposed vote '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 roll. On a count of 87 voting 'yes', 12 voting 'no', 0 voting 'present', House Bill 5143, having received the Constitutional Majority, is hereby declared passed. Representative Ervin, for what reason do you seek recognition?"
"Thank you, Mr. Speaker. Please let the record reflect that I meant to vote 'no' for House Bill 4295."
"Thank you. The Journal will reflect your request. Representative Ford, for what reason do you seek recognition?"
"Mr. Speaker, would you please let the Journal reflect that I meant to vote 'no' on House Bill 4295." 10000118.docx 121 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
Speaker Turner: "The Journal will reflect your request, Representative. House Bill 4870, Leader Lang. Mr. Clerk, please read the Bill."
"House Bill 4870, a Bill for an Act concerning education. Third Reading of this House Bill."
"Leader Lang."
"Thank you, Mr. Speaker. Ladies and Gentlemen, this Bill creates Ashley's Law. Ashley is an 11-year-old cancer patient who uses medical cannabis legally to prevent seizures stemming from chemotherapy. She’s a very sick young lady and a very brave young lady. She’s a legal medical cannabis patient. Has a medical cannabis card. Her parents have cards as caregivers. But she was prohibited from taking the cannabis that is absolutely necessary to stop the seizures she gets from her chemotherapy at school because the law didn’t allow for her to have it at school. The family went to court and the Federal District Court ordered that the school require… that the school allow the family to medicate the child appropriately. This is a Bill that was worked out with ISBE and with the Department of Public Health. And this would simply say that a student, under these circumstances, can be medicated by a parent in a designated location at the school. It requires that the child be legal… a legal medical marijuana or medical cannabis cardholder and that the product be administered by a legal caregiver under the Medical Cannabis Act. This is lifesaving. This is necessary. It does not expand the law in terms of who can use cannabis, when they can use cannabis. Children are already allowed under the law to do this under given circumstances. This just would allow a parent 10000118.docx 122 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 in these circumstances to medicate their child and allow it to happen at a school when appropriate. I ask your support."
"Chair recognizes Representative Breen."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor indicates that he will yield."
"Representative, just so that I'm clear on the scope of your Bill. It would apply to any… any school both its school, school district, public school, charter school, and private schools as well, correct?"
"All schools, Sir."
"All schools? Okay."
"And before you go on, I should say that this product cannot be smoked by these children. It has to be an ingestible of some kind."
"Good point. I presumed that. And so, they’re all going to be required under this pol… this Bill to adopt a policy to implement the… you know, this issue of what do we do with kids in school who are using medical… medical marijuana? That’s correct?"
"This requires the school to decide where such an activity would take place, if it… if it's necessary."
"Okay. And then just some of the conditions that are being treated. I know you said cancer. I know I've heard from folks that said that Tourette and other… there are a number of conditions that are treated in children using this product. Is that correct?"
"That's correct. Most of the time for children, often it’s cancer, but actually most of the time it's epilepsy. Some years ago this chamber, by a substantial vote in the 90s, 10000118.docx 123 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 authorized children to be able to use this product for epilepsy."
"Right. And so, just again to clarify. You are not in any way expanding or changing the law on medical marijuana? Just insuring a more uniform way for those who are in schools to be able to use the product. Again, within the bounds of the existing law."
"That's correct. If a child needed other medication, a pill of some kind at school, the school would make arrangements for the child to be able to take that pill. But under our laws, children are not allowed… cannabis was not allowed in schools. So this would create the opportunity for a very sick child to be able to get the product that they're already legally allowed to use."
"And there are no opponents, at all, who… I mean, at least in my analysis shows no opponents at all."
"There are no opponents that I'm aware of, Sir."
"Okay. Thank you, Representative, for the answers to my questions."
"Thank you."
"Chair recognizes Representative Pritchard."
"Thank you, Mr. Speaker. Would the Sponsor yield?"
"The Sponsor indicates that he will yield."
"Representative, just for a little bit more clarification. So the school district is required to allow the student and the parent to administer the product. Is that correct?"
"That is correct. The school district under this Bill would get to decide where, an appropriate location. The school 10000118.docx 124 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 district would also have the ability to say we don’t have a where and it's too disruptive here. Or they have the ability to say we think this is going to disrupt any federal reimbursements we're getting or any federal dollars we're getting and so we're going to reject this. But the school would have to affirmatively do that."
"So they could make a choice not to allow the student to get the medication? That’s…"
"Well, they could under given circumstances, but they would have to, in essence, certify that they believe it will jeopardize federal funds and prove it. That's not… that's not going to be the case. It didn’t happen in Colorado. This is modeled after a Colorado law. It has never happened."
"So if it is a medical situation, where the student needs the medication and the school district chooses not to allow it on school grounds, then would the student have to leave school for a period of time?"
"Well, that's an unknown factor, Representative. We left that language in there because we felt it appropriate that we didn’t know every situation in every school building in the State of Illinois. And if a school… I suppose could prove they had no place to do it that they felt was appropriate, they could say no. And I suppose if the family felt aggrieved they could do what this family did, go to court and get a court order. We’re trying to avoid that, of course."
"You indicated that this wouldn’t be a product that would be smoked. Is there limitations to what form the product takes?" 10000118.docx 125 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"Whatever is legal under the Compassionate Use of Medical Cannabis Act. This does not expand the kinds of products that can be used."
"Very good. Thank you."
"Thank you."
"Chair recognizes Representative Ives."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor will yield."
"So we heard this in committee. I voted 'yes' in committee. And then, we have a Floor Amendment which is, quite frankly, a little bit typical of how we've been doing these medical marijuana Bills is that they go out of committee one way and then there’s a Floor Amendment. And so our analysis basically says though that the school must… the Floor Amendment basically says the school really doesn’t have an option. They must allow this to be administered. It simply gives them the ability to make sure that there’s not a distraction. So I just want clarification 'cause I just heard two different things on the floor here from what I read."
"Well, the… the Amendment that was proposed by ISBE, which included language from the Department of Public Health, would say that they have to create the policy, they have to create the location. But if the… if it creates a disruption to the school's educational environment, the school could decide not to do it. But I suppose then that would be the cause for another court case."
"Yeah. I would imagine so. I just it's… it's just a little bit unclear because before it was the school did have some leeway, now they essentially there's no choice. They're going 10000118.docx 126 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 to have to allow this to be administered. You know, I understand. The folks that testified in committee… obviously, their child definitely needs this product and the parents are going to come and administer it… that and I'm fine with that. I just… I just think that we should be clear that the school gets to control the situation and not necessarily the parent."
"Well, it is the school, Representative. They get to decide where. So the whole point is that the school shouldn’t be deciding what medications children use, that's up… that's not up to a school. And so this would say that a legal… a child who can legally use this product can use it at school. And the school should figure out the right place for them to do that. It does give them a small out if they believe it is disruptive to the educational environment. But I can't imagine too many schools saying to a parent, your child who's 11 years old and has cancer and is under chemotherapy and is having seizures cannot use this product at school. We want kids in school whether they're… whether they have cancer or whether they have epilepsy or not. We want them in school and this is the way to do that."
"The other thing is… it also talks about as long as it's not going to be disruptive to other kids. You know… I'm trying to read here. And I just… I don’t even know why would that… why would they be a factor if they are only going to do with… using an oil or an edible? Why would it be a disruption?"
"I don’t know. This is the language of the State Board of Education. They asked me to put it in the Bill. And in an effort to be cooperative to them I did that." 10000118.docx 127 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"Okay. And finally, I guess… I guess my only other concern is that… and I am not really aware of when a parent actually enters a school bus to give medication. Is that common?"
"I don’t know if that’s common or not. But I'm… I'm not thinking we’re going to be see too many parents on school buses delivering this product to children."
"Yeah. I wouldn’t either. Okay. Thank you so much for answering those questions."
"Thank you."
"Leader Bellock is recognized."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor indicates that he will yield."
"So, I just was asking… I don’t remember when we did the diabetes… you know, Bill to… for… you know dispensing meds in the schools on that. Did that Bill go over private, Catholic, Christian, any type of schools or was it just public schools? Do you remember?"
"I do not remember about that, at all. I can't tell you. Maybe someone else on the floor could."
"Well 'cause I'm just asking because this… some of this was suggested by the Illinois State Board of Education, right? But I think it's highly irregular that we put it over private schools. I don’t remember ever doing any Bills like this on a private school."
"Representative, this isn’t a curriculum mandate. This is about sick children."
"Right." 10000118.docx 128 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"So, sick children could be in a Catholic school, the Jewish school, or a public school. So this is why it covers all schools."
"I understand that. With the ruling of the child that went before the court that was about a child that was suffering from cancer?"
"This child had cancer and was under treatment with chemotherapy and was developing terrible seizures. And with the cannabis, the seizures are reduced to zero, from dozens and dozens a day to zero."
"So, when they… I understand that. So when they go to a school, is there something that they have to present from the doctor that… and I know they can't be given a prescription… whatever the doctor gives them for the medical cannabis. Do they have to provide any proof of that? I'm not talking… you know, I'm not worried about the kids in the grammar schools, but higher… higher ed I was thinking about."
"They… they have to provide that proof to the State Department of Public Health to be able to get their medical cannabis card. Once they have that card that is proof that the State of Illinois has determined that the child, or even if it was an adult that the person holding that card is… is legally… fits all the elements necessary under the law to have the card."
"Right. And that has to present… be presented… that card has to be presented at the school."
"That is correct."
"Thank you very much."
"Leader Lang to close." 10000118.docx 129 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"This is about giving children medication they need. It's certainly not about kids getting high. It's not about anything other than little Ashley, and other kids like her, who have serious medical problems and are legally able to take a product but can't take it at school but for the current law. We have a responsibility to take care of these kids. This does not expand the Medical Cannabis Law. It only expands a locations where children who need this product can use it. Please help these kids and vote 'aye'."
"The question is, ‘Shall House Bill 4870 pass?’ All in favor vote 'aye'; all opposed vote '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 roll. On a count of 99 voting 'yes', 1 voting 'no', 0 voting 'present', House Bill 4870, having received the Constitutional Majority, is hereby declared passed. Members, Second Reading. Please be in your chair and prepared to present. House Bill 1469, Representative Burke. Out of the record. House Bill 5771, Representative Chapa LaVia. Mr. Clerk, please read the Bill."
"House Bill 5771, a Bill for an Act concerning education. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 1471, Representative Evans. Mr. Clerk, please read the Bill."
"House Bill 1471, a Bill for an Act concerning criminal law. The Bill was read for a second time on a previous day. No Committee Amendments. Floor Amendment #2 is offered by Representative Evans." 10000118.docx 130 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"Representative Evans."
"Take it out of the record."
"Mr. Clerk, please take this Bill out of the record. House Bill 5096, Representative Hernandez. Out of the record. House Bill 1265, Representative Hoffman. Out of the record. House Bill 1472, Representative Mayfield. Mr. Clerk, please read the Bill. Mr. Clerk, out of the record. House Bill 5214, Representative Sente. Mr. Clerk, please read the Bill."
"House Bill 5214, a Bill for an Act concerning revenue. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 5778, Representative Stuart. Mr. Clerk, please read the Bill."
"House Bill 5778, a Bill for an Act concerning revenue. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1 is offered by Representative Stuart."
"Representative Stuart."
"Floor Amendment #1 is just a technical Amendment that has to do with the phase out of the tax and reinstating it… the credit, sorry, not the tax."
"Lady moves for the adoption of Floor Amendment #1 to House Bill 5778. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No Further Amendments. No Motions are filed."
"Third Reading. House Bill 5777, Representative Yingling. Out of the record. House Bill 4412, Representative 10000118.docx 131 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 Ammons. Out of the record. House Bill 5077, Representative Bellock. Mr. Clerk, please read the Bill."
"House Bill 5077, a Bill for an Act concerning courts. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1 is offered by Representative Bellock."
"Leader Bellock. Do you want to speak on Floor Amendment #1?"
"So, this is for DJJ, Department of Juvenile Justice. And it provides that when a minor is committed to DJJ the Clerk of the Courts shall forward to DJJ a report detailing the minor's criminal history in a manner and form prescribed by the DJJ."
"Lady moves for the adoption of Floor Amendment #1 to House Bill 5077. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No Further Amendments. No Motions are filed."
"Third Reading. House Bill 5611, Representative Andrade. Out of the record. House Bill 5… 4559, Representative Chapa LaVia. Out of the record. House Bill 4745, Representative McAuliffe. Mr. Clerk, please read the Bill."
"House Bill 4745, a Bill for an Act concerning finance. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 5502, Representative McCombie. Mr. Clerk, please read the Bill." 10000118.docx 132 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"House Bill 5502, a Bill for an Act concerning regulation. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 4536, Representative Crespo. Mr. Clerk, please read the Bill."
"House Bill 4536, a Bill for an Act concerning local government. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 5042, Representative D’Amico. Mr. Clerk, please read the Bill."
"House Bill 5042, a Bill for an Act concerning transportation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 2273, Representative Williams. Mr. Clerk, please read the Bill."
"Senate Bill 2273, a Bill for an Act concerning elections. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 4892, Representative Davis. Mr. Clerk, please read the Bill."
"House Bill 4892, a Bill for an Act concerning State Government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 5598, Representative Evans. Mr. Clerk, please read the Bill." 10000118.docx 133 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"House Bill 5598, a Bill for an Act concerning transportation. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 4572, Representative Guzzardi. Out of the record. House Bill 4234, Representative Harper. Out of the record. House Bill 5519, Representative Mah. Out of the record. House Bill 1671, Representative Sente. Mr. Clerk, please read the Bill."
"House Bill 1671, a Bill for an Act concerning animals. The Bill was read for a second time on a previous day. No Committee Amendments. Floor Amendment #1 is offered by Representative Sente."
"Representative Sente."
"The… I'd like to adopt the Floor Amendment to the Bill and explain it. Okay. The… it was a shell Bill. So this Bill is to make changes to… is to encourage… if a police department purchases a K-9 officer, they need to take care of the K-9 officer. They need to make sure that the… What do I want to say? Sorry. That their vaccinations are up to date and also that they purchase a mechanism that alerts the officer if the car is overheating."
"Lady moves for the adoption of Floor Amendment #1 to House Bill 1671. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed." 10000118.docx 134 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"Third Reading. House Bill 5519, Representative Mah. Out of the record. House Bill 4268, Representative Thapedi. Mr. Clerk, please read the Bill."
"House Bill 4268, a Bill for an Act concerning business. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 4232, Representative Severin. Mr. Clerk, please read the Bill."
"House Bill 4232, a Bill for an Act concerning education. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 2717, Representative Welch. Out of the record. House Bill 1443, Representative Willis. Out of the record. House Bill 4848, Representative Swanson. Mr. Clerk, please read the Bill."
"House Bill 4848, a Bill for an Act concerning civil law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 4811, Representative Zalewski. Out of the record. House Bill 1471, Representative Evans. Mr. Clerk, please read the Bill."
"House Bill 1471, a Bill for an Act concerning criminal law. The Bill was read for a second time on a previous day. No Committee Amendments. Floor Amendment #2 is offered by Representative Evans."
"Representative Evans on Floor Amendment #2."
"Of course, I would like to adopt Floor Amendment #2; it’s a gut and replace Amendment. Again, as mentioned, this 10000118.docx 135 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 Amendment amends the Unified Code of Corrections. Changes Section 3-3-7 in the following ways: adding knowingly… allowing the understanding that parolees may not always be aware of the legal action that is taking place. Paragraph 13, removing except when the association involves activities related to criminal programs, worship services, volunteering and engaging families from Line 9-11 providing that parolees must seek permission to engage in… with other parolees. And lastly, adding the above plus or some other pro-social activity in which there is no evidence of criminal intent. To line 14-18, given the parolees discretion to act communally as long as activities have no criminal intent. Those are changes in legislation. I'd like to move forward… adopt the Amendment."
"Representative Breen for a question on Floor Amendment #2?"
"Yes. Will the Sponsor yield?"
"The Sponsor indicates that he will yield."
"Just so that we're clear, Representative. We already had Floor Amendment #1. Floor Amendment #2 appears to literally take out a single character, the letters’, from a name of Meek Mill, which was misstated as Meek Mills. That's the only difference between the two Amendments, right?"
"Oh yeah. For sure. Yeah, it would just… just to make sure everything is correct."
"Okay. It’s fine then. Thank you.”
"Thank you."
"Gentleman moves for the adoption of Floor Amendment #2 to House Bill 1471. All in favor say 'aye'; 10000118.docx 136 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. House Bill 5519, Representative Mah. Mr. Clerk, please read the Bill."
"House Bill 5519, a Bill for an Act concerning civil law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Mr. Clerk, Agreed Resolutions."
"Agreed Resolutions. House Joint Resolution 120, offered by Representative Hurley."
"Leader Currie moves for the adoption of the Agreed Resolutions. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Resolutions are adopted. Mr. Clerk, committee announcements."
"The following committees will be meeting at 4:00: Appropriations - General Services in C-1; Appropriations - Public Safety in D-1; Energy in Room 118; International Trade & Commerce in Room 115. Please note that the Fire & Emergency Services Committee for tomorrow at 10 a.m. has been canceled. Fire & Emergency Services for 10 a.m. tomorrow morning has been canceled."
"And now, allowing perfunctory time for the Clerk, the House will stand adjourned until Thursday, April 19 at 11 a.m. Leader Currie moves that the House stand adjourned until Thursday, April 19 at 11 a.m. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have. And the House will stand adjourned." 10000118.docx 137 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018
"House Perfunctory Session will come to order. Introduction of Resolutions. House Resolution 990, offered by Representative Butler and House Resolution 991, offered by Representative Lang are referred to the Rules Committee. Introduction and First Reading of House Bills. House Bill 5863, offered by Representative Skillicorn, a Bill for an Act concerning revenue. First Reading of this House Bill. Introduction and First Reading of Senate Bills. Senate Bill 2520, offered by Representative Halbrook, a Bill for an Act concerning State government. Senate Bill 2587, offered by Representative Olsen, a Bill for an Act concerning regulation. Senate Bill 2604, offered by Representative Batinick, a Bill for an Act concerning revenue. Senate Bill 2608, offered by Representative Martwick, a Bill for an Act concerning public employee benefits. Senate Bill 2644, offered by Representative Wheeler, Keith, a Bill for an Act concerning government. Senate Bill 2658, offered by Representative Olsen, a Bill for an Act concerning education. Senate Bill 2663, offered by Representative Bourne, a Bill for an Act concerning wildlife. Senate Bill 2826, offered by Representative Olsen, a Bill for an Act concerning human rights. Senate Bill 2853, offered by Representative Wheeler, Keith, a Bill for an Act concerning State government. Senate Bill 2863, offered by Representative Hoffman, a Bill for an Act concerning employment. Senate Bill 2870, offered by Representative Bourne, a Bill for an Act concerning State government. Senate Bill 2884, offered by Representative Martwick, a Bill for an Act concerning public employee benefits. First Reading of these Senate Bills. Committee 10000118.docx 138 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 Report. Representative Turner, Chairperson from the Committee on Judiciary - Criminal reports the following committee action taken on April 17, 2018: recommends be adopted is Floor Amendment #1 to House Bill 4348."
"Introduction and First Reading in full of House Joint Resolution Constitutional Amendment #46, offered by Representative Breen. 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 Article IV of the Illinois Constitution by changing Sections 1, 2, and 3 as follows: ARTICLE IV THE LEGISLATURE SECTION 1. LEGISLATURE - POWER AND STRUCTURE The legislative power is vested in a General Assembly consisting of a Senate and a House of Representatives, elected by the electors from 59 Legislative Districts and 119 Representative Districts. SECTION 2. LEGISLATIVE COMPOSITION (a) One Senator shall be elected from each Legislative District. Immediately following each decennial redistricting, the General Assembly by law shall divide the Legislative Districts as equally as possible into three groups. Senators from one group shall be elected for terms of four years, four years and two years; Senators from the second group, for terms 10000118.docx 139 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 of four years, two years and four years; and Senators from the third group, for terms of two years, four years and four years. The Legislative Districts in each group shall be distributed substantially equally over the State. (b) In 2022 and every two years thereafter one Representative shall be elected from each Representative District for a term of two years. (c) To be eligible to serve as a member of the General Assembly, a person must be a United States citizen, at least 21 years old, and for the two years preceding his election or appointment a resident of the district which he is to represent. In the general election following a redistricting, a candidate for the General Assembly may be elected from any district which contains a part of the district in which he resided at the time of the redistricting and reelected if a resident of the new district he represents for 18 months prior to reelection. (d) Within thirty days after a vacancy occurs, it shall be filled by appointment as provided by law. If the vacancy is in a Senatorial office with more than twenty-eight months remaining in the term, the appointed Senator shall serve until the next general election, at which time a Senator shall be elected to serve for the remainder of the term. If the vacancy is in a Representative office or in any other Senatorial office, the appointment shall be for the remainder of the term. An appointee to fill a vacancy shall be a member of the same political party as the person he succeeds. (e) No member of the General Assembly shall receive compensation as a public officer or employee from any other 10000118.docx 140 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 governmental entity for time during which he is in attendance as a member of the General Assembly. No member of the General Assembly during the term for which he was elected or appointed shall be appointed to a public office which shall have been created or the compensation for which shall have been increased by the General Assembly during that term. SECTION 3. LEGISLATIVE REDISTRICTING (a) Legislative Districts shall be compact, contiguous and substantially equal in population. Representative Districts shall be compact, contiguous, and substantially equal in population. A Representative District need not be entirely within a single Legislative District. (a-1) As used in this Section: "Length-width compactness score" means the sum of the absolute value of the length-width compactness ratio of each district, calculated as the quotient of the distance from the northernmost point or portion of the boundary of a district to the southernmost point or portion of the boundary of the same district and the distance from the westernmost point or portion of the boundary of the district to the easternmost point or portion of the boundary of the same district. "Perimeter compactness score" means the sum of the total perimeter distances computed for each district in a map. "Quota" means (1) for Representative Districts, the quotient of the whole population of the State, as determined by the latest federal decennial census, divided by 119; and (2) for Legislative Districts, the quotient of the whole population of the State, as determined by the latest federal decennial census, divided by 59. 10000118.docx 141 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 "Split" means the division of a unit or subunit or portion thereof smaller than a quota into more than one district. "Subunit" means all contiguous unincorporated areas of a township located within counties having populations larger than a Representative District quota, the community areas of the City of Chicago, and any municipality, except the City of Chicago. "Unit" means the City of Chicago, the part of Cook County excluding the City of Chicago, and any county, except Cook County. (b) A Legislative Redistricting Commission shall be constituted by March 1 of the year following each federal decennial census year. The Commission shall consist of eight members, no more than four of whom shall be members of the same political party. The Speaker and Minority Leader of the House of Representatives shall each appoint two persons to the Commission. The President and Minority Leader of the Senate shall each appoint two persons to the Commission. The members shall be certified to the Secretary of State by the appointing authorities. A vacancy on the Commission shall be filled within five days by the authority that made the original appointment. A Chairman and Vice Chairman shall be chosen by a majority of all members of the Commission. The Commission shall provide to the public data and tools to create Legislative and Representative Districts not later than April 7. The Commission shall accept maps for the redistricting of Legislative and Representative Districts through May 7. 10000118.docx 142 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 (c) Representative District maps shall be submitted, considered, and scored independent of Legislative District maps. Not later than May 22 the Commission shall give to the Senate the three best-ranked maps for Legislative Districts. Not later than May 22 the Commission shall give to the House of Representatives the three best-ranked maps for Representative Districts. (d) The Commission shall calculate quotas for Legislative and Representative Districts. In no event shall any District contain a population of less than 99.5 percent nor more than 100.5 percent of the applicable quota. (e) For the purposes of this Section, the following rules apply: (1) a subunit shall be considered to include any unincorporated areas fully enclosed by the subunit; (2) if a subunit has territory in more than one unit, the contiguous portion of the subunit that lies in each unit shall be considered to be a separate subunit, unless the subunit has a population of greater than the quota of a Representative District, in that case the boundaries of the unit in which the largest portion of the population of the subunit resides shall be considered to include the entirety of the subunit and any unincorporated areas fully enclosed by the subunit; and (3) the number of splits of a unit or subunit is the number of districts that a unit or subunit is located in, minus the quotient, rounded up to the nearest whole number, of the population of the unit or subunit divided by the quota. (f) The Commission shall evaluate submitted maps as follows: 10000118.docx 143 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 (1) First, the Commission shall, by a majority vote of the members appointed, eliminate maps that fail to meet all applicable federal laws, including the federal Voting Rights Act, and State constitutional provisions. (2) Second, the Commission shall determine a split score for all maps, which shall be the sum of (i) three times the number of splits of units and (ii) the number of splits of subunits. The Commission shall calculate a split score cutoff that shall be the greater of 110 percent of the split score of the map with the lowest split score and the split score necessary to retain at least the three maps with the lowest split scores. The Commission shall then eliminate all maps with split scores greater than the split score cutoff. (3) Third, the Commission shall calculate a final rank for each of the remaining maps by averaging the length-width compactness ranking and the perimeter compactness ranking of each district, in accordance with the following: (A) A length-width compactness ranking for each map shall be assigned, in whole numbers from one to however many maps remain, from the lowest length-width compactness score to the highest. (B) A perimeter compactness ranking for each map shall be assigned, in whole numbers from one to however many maps remain, from the lowest perimeter compactness score to the highest. (4) Fourth, the Commission shall, by a majority vote of the members appointed, eliminate any map that the Commission believes is substantially the same as, but of equal or greater number rank than, another map that remains. 10000118.docx 144 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 (5) Fifth, the Commission shall rank the remaining maps from lowest final rank to highest, and the three with the lowest final rank shall be considered the best-ranked, the second best-ranked, and the third best-ranked maps. The Commission shall break any ties by a majority vote or, if no majority agreement can be reached, by random selection. (g) The Senate may, by a record vote of three-fifths of the members elected, adopt a redistricting resolution selecting a redistricting map from among the three best-ranked maps for Legislative Districts submitted by the Commission. If the Senate has failed to file a redistricting resolution with the Secretary of State by May 31, the Secretary of State shall certify the best-ranked redistricting map for Legislative Districts from the Commission. The House may, by a record vote of three-fifths of the members elected, adopt a redistricting resolution selecting a redistricting map from among the three best-ranked maps for Representative Districts submitted by the Commission. If the House has failed to file a redistricting resolution with the Secretary of State by May 31, the Secretary of State shall certify the best-ranked redistricting map for Representative Districts from the Commission. (h) A redistricting resolution or redistricting map filed with the Secretary of State shall be presumed valid, shall have the force and effect of law and shall be published promptly by the Secretary of State. The Supreme Court shall have original and exclusive jurisdiction over actions concerning redistricting the House and Senate, which shall be 10000118.docx 145 STATE OF ILLINOIS 100th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 118th Legislative Day 4/18/2018 initiated in the name of the People of the State by the Attorney General. SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act and applies to redistricting beginning in 2021 and to the election of General Assembly members beginning in 2022. This has been the First Reading in full of House Joint Resolution Constitutional Amendment #46. There being no further business, the House Perfunctory Session will stand adjourned." 10000118.docx 146