"The House will be in order. Members will be in their chairs. We will be… we shall be led in prayer today by Pastor John Ciesniewski who is with the Community Christian Church of Plainfield. Pastor Ciesniewski is the guest of Representative Batinick. Members and guests are asked to refrain from starting their laptops, turn off all cell phones and pagers, and rise for the invocation and Pledge of Allegiance. Pastor."
"Thank you all for having me here. As I was sitting here, just real quickly, two things… one thing came to my mind and… and that is that church, and I guess government, have at least one thing in common. We don't ever really start on time, not everybody all shows up when we're supposed to. But I am honored to be here and thank you, Representative Batinick, for having me. Mark told me to just keep this to 90 seconds, so I will do that. There was 4 words that came to my mind yesterday as I was thinking about this moment and 4 words that I actually have on a sticky note in a prayer journal of mine. And they're 4 words that are really a constant reminder for who God's called me to be and I think the same is true for all of us in this room here. But real quickly, here's the back story and I think we know this story. Jesus, his life was coming to an end. And he's with his disciples and they're going into Jerusalem and he's like, hey guys, all these bad things are about to happen to me and they're going to kill me and they're going to spit on me and mock me, and they're going to torture me. This is a heavy duty conversation. And it's almost like the disciples, it like went in one ear and out the other and they're like, oh 10100037.docx 1 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 that's a bummer for you. And they said, but can we ask you a question, Jesus. And he's like, sure. And they said, well when you establish your new kingdom, after all that bad stuff happens to you, can one of us sit on the right and one of us sit on the left? In other words, can we have power and authority and can we just wield it over everybody? And Jesus is just probably just shaking his head and he's like, guys, come on. That's not how it works. And here's the 4 words. And he looks at each one and he says, not so with you. Not so with you. And it's a reminder to me, for my congregation and the opportunities I have to lead and to serve. And I think it's a reminder for all of us, for those that you all serve in your districts. And so, if you would, I would just like to bow and pray that that would not be so with us. So, Father, thank you for this morning. Thank you for being our God and our leader. Thanks for being a servant leader, Jesus. And, Father, I pray that by the power of your holy spirit, you would guide every Member here. A God to serve those that they're leading, Father. Those who elected them, Father, I pray that we would continually put the interest of others before ourselves, Lord that we would always be looking for the good of the community and the good of this state. And, God, that we would follow and honor you in everything we do. In your name, Jesus, we pray. Amen."
"We shall be led in the Pledge of Allegiance today by Representative Swanson."
"I pledge allegiance to the flag of the United States of America and to the republic for which it stands, 10100037.docx 2 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 one nation under God, indivisible, with liberty and justice for all."
Speaker Harris: "Roll Call… Roll Call for Attendance. Representative Manley is recognized to report any excused absences on the Democratic side of the aisle."
"Good morning, Mr. Speaker. Excused from the Democratic side of the aisle is Representatives Lilly, Ortiz, and West."
"And Representative Butler is recognized to report any excused absences on the Republican side of the aisle."
"Thank you, Mr. Speaker. Please let the Journal reflect that Representative Bennett is excused today."
"Let the record reflect, Mr. Clerk, that 113 Members are present. We are ready to conduct business. Have all recorded who wish? Have all recorded who wish? Mr. Clerk, please take the record. Representative Hammond, for what reason do you seek recognition?"
"Thank you, Mr. Speaker. Point of personal privilege."
"Please state your point."
"I have two Pages here from my district this morning. And I would like for everyone in the chamber to welcome Novi Sievers and Levi Sievers, both from the Havana area. The junior high and the high school, respectively. So, please give them a warm Springfield welcome."
"Welcome to your State Capitol. Leader Willis in the Chair."
"Okay, we're going to proceed to the Order of Senate Bills on Third Reading. On page 27 of the Calendar, under Third Reading, we have Senate Bill 196, offered by Leader Harris. Mr. Clerk, please read the Bill." 10100037.docx 3 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"Senate Bill 196, a Bill for an Act concerning government. Third Reading of this Senate Bill."
"Leader Harris."
"Thank you, Mrs. Speaker, Ladies and Gentlemen of the House. This Bill is at the request of the Governor. It changes the deadline date for his appointment of members of Board of Election Commissioners to May 15 from the current April 1."
"Representative Butler on the Bill."
"Just one quick question of the Sponsor, please."
"He will yield."
"Leader, this is… this just is for the current… just for 2019 appointments, correct?"
"This is a one time only…"
"Yes. Thank you."
"Seeing no further discussion, the question is, 'Shall Senate Bill 196 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? Clerk, please take the roll. On this question, there are 113 voting 'yay', 0 voting 'nay', 0 voting 'present'. And this Bill, having the majority… having received the Constitutional Majority, is hereby declared passed. Continuing with Senate Bill 526, Leader Harris. Clerk, please read the Bill."
"Senate Bill 526, a Bill for an Act concerning government. Third Reading of this Senate Bill."
"Leader Harris."
"Thank you, Madam Speaker, Ladies and Gentlemen of the House. This Bill corrects a change to the Medicaid omnibus we passed last year. It restores the program that allows payment 10100037.docx 4 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 to psychiatric hospitals who care for DCF youths… youth who have to remain beyond medical necessity. I'd appreciate an 'aye' vote."
"Seeing no discussion, the question is, 'Shall Senate Bill 526 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, take the record. On this question, there are 113 voting 'yes', 0 voting 'against', 0 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Leader Harris back in the Chair."
"Leader Manley, for what reason do you seek recognition?"
"Please let the record reflect that Representative Buckner is also excused today."
"Mr. Clerk, please let the record reflect that. Okay, Ladies and Gentlemen, we're going to move to House Bills on Second Reading. We'll be going down the Calendar for those Bills that have Amendments ready. So please be prepared. We'll be starting on page 3 of the Calendar with House Bill 142, Representative West. Out of the record. Representative Ford on House Bill 196. Mr. Clerk, please read the Bill."
"House Bill 196, a Bill for an Act concerning children. Second Reading of this House Bill. Amendment 1 was adopted in committee. Floor Amendment #3, offered by Representative Ford, is approved for consideration."
"Representative Ford on the Amendment."
"Thank you, Mr. Speaker and Members of the House. I move for the adoption of House Floor Amendment #3. It's a gut 10100037.docx 5 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 replacement. It becomes the Bill. And it simply allows for childcare facilities and other facilities that take care of seniors to be eligible for the CACFP. The program is already administered at child care facilities but this Bill would require that all day care centers enroll in the program. It's a free program and it's funded through the Federal Government. I move for the adoption of Amendment 3 to House Bill 196."
"Representative Ford has moved for the adoption of Floor Amendment 3. All those in favor say 'aye'; those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Any further Amendments?"
"No further Amendments. No Motions are filed."
"Third Reading. Representative Jones on House Bill 331. Out of the record. On page 5 of the… I'm sorry. On page 4 of the Calendar, House Bill 348, Mr. McSweeney. Please read… please read the Bill, Mr. Clerk."
"House Bill 348, a Bill for an Act concerning local government. This Bill was read a second time on a previous day. Floor Amendment 1 was adopted previously. Notes have been requested by the Sponsor and have not been filed yet by the Sponsor."
"Please hold this Bill on the Order of Second Reading. On page 5 of the Calendar, Representative Kifowit, House Bill 837. Representative Kifowit. Mr. Clerk, out of the record. Mr. Clerk, what is the status of House Bill 348?"
"House Bill 348, a Bill for an Act concerning local government. This Bill has been read a second time a previous 10100037.docx 6 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 day. Floor Amendment #1 was adopted previously. No further Amendments. No Motions are filed."
"Third Reading. Representative DeLuca on House Bill 825. Out of the record, Mr. Clerk. Representative Kifowit on House Bill 837. Out of the record. Representative Rita on House Bill 1456. Representative Rita. Out of the record. Representative Cassidy on House Bill 2040. Mr. Clerk, please read the Bill. I'm sorry, there is a Floor Amendment… Floor Amendment… Mr. Clerk, please read the Bill."
"House Bill 2040, a Bill for an Act concerning criminal law. Second Reading of this House Bill. Amendment 2 was adopted in committee. Floor Amendment #3, offered by Representative Cassidy, has been approved for consideration."
"Floor Amendment #3 is offered by Representative Cassidy and has been approved by… for consideration. Representative… Representative Cassidy on the Amendment."
"Thank you, Mr. Speaker. Floor Amendment 3 removes concerns raised by county sheriffs and removes all opposition to the Bill."
"Representative Cassidy moves adoption of Floor Amendment 3. All those in favor say 'aye'; all those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Any further Amendments, Mr. Clerk?"
"No further Amendments. No Motions are filed."
"Third Reading. Representative Welch on House Bill 2100. Representative Welch. Out of the record. Representative Manley on House Bill 2188. Out of the record. Representative Yingling on House Bill 2211. Out of the record. 10100037.docx 7 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 Representative Chesney on House Bill 2425. Out of the record. Representative Walsh on House Bill 2491. Representative Walsh. Out of the record. Representative Harper on House Bill 2541. Mr. Clerk, please read the Bill."
"House Bill 2541, a Bill for an Act concerning criminal law. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Representative Feigenholtz on House Bill 2572. Representative Feigenholtz. Out of the record. Representative Zalewski on House Bill 2576. Representative Zalewski. Mr. Clerk, out of the record. House Bill 2705, Representative Rita. Representative Rita. Mr. Clerk, out of the record. Representative Chesney on House Bill 2783. Out of the record. Representative Zalewski on House Bill 2947. Representative Zalewski. Out of the record. Representative Rita on House Bill 2961. Out of the record. Representative Mason on House Bill 3018. Mr. Clerk, please read the Bill."
"House Bill 3018, a Bill for an Act concerning health. Second Reading of the House Bill. Amendment 1 was adopted in committee. Floor Amendment #2, offered by Representative Kifowit, has been approved for consideration."
"Representative Kifowit on the Amendment. I believe it will be Representative Mason on the Amendment."
"I'm sorry, Mr. Speaker. The Amendment simply changes some technical language that was… was miswritten in the Bill. So, it just changes a couple of words to… to be correct in the new Bill." 10100037.docx 8 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"Representative Mason moves adoption of Floor Amendment #2. All those in favor say 'aye'; those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Any further Amendments, Mr. Clerk?"
"No further Amendments. No Motions are filed."
"Third Reading. Representative Unes on House Bill 3035. Representative Unes. Out of the record. Representative Arroyo on House Bill 3046. Representative Arroyo. Out of the record. Representative Manley on House Bill 3301. Representative Manley. Out of the record. Representative Conroy on House Bill 3427. Out of the record. Representative Edly-Allen on House Bill 3477. Representative Edly-Allen. Out of the record. Representative Yingling on House Bill 3589. Representative Yingling. Mr. Clerk… Mr. Clerk, please read the Bill."
"House Bill 3589, a Bill for an Act concerning health. Second Reading of this House Bill. Amendment 1 was adopted in committee. Floor Amendment #3, offered by Representative Yingling, has been approved for consideration."
"Representative Yingling on the Amendment."
"Thank you, Chair. The Amendment just makes a technical clarification. I'm happy to debate it on Third."
"Representative Yingling moves the adoption of Floor Amendment #2… 3… to Floor Amendment #3. All those in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Any further Amendments, Mr. Clerk?"
"No further Amendments. No Motions are filed." 10100037.docx 9 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"Third Reading. On House Bill 3596, also Mr. Yingling. Out of the record. Representative Gabel on House Bill 3658. Out of the record. Representative Thapedi on House Bill 3671. Mr. Clerk, please read the Bill."
"House Bill 3671, a Bill for an Act concerning animals. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
Speaker Harris: "Returning to page 12 of the Calendar, Representative Chesney on House Bill 2783. I'm sorry. We'll have to go back on Mr… on Representative Thapedi's Bill, Third Reading. And now, returning to Mr. Chesney on page 12 of the Calendar, House Bill 2783. Mr. Clerk, please read the Bill."
"House Bill 2783, a Bill for an Act concerning wildlife. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #2, offered by Representative Chesney, has been approved for consideration."
"Representative Chesney on the Amendment."
"Thank you, Mr. Speaker. This makes a technical Amendment that was approved by a committee and I ask for an 'aye' vote."
"Representative Chesney has moved adoption of Floor Amendment #1. All those in favor say 'yes'… Floor Amendment #2, I'm sorry. All those in favor say 'aye'; all those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Any further Amendments, Mr. Clerk?"
"No further Amendments. No Motions are filed."
"Third Reading. Mr. Clerk, Committee Reports."
Clerk Hollman: "Committee Reports. Representative Mussman, Chairperson from the Committee on Elementary & Secondary 10100037.docx 10 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 Education: School Curriculum & Policies reports the following committee action taken on April 4, 2019: recommends be adopted is Floor Amendment 4 to House Bill 1475, Floor Amendment 1 to House Bill 2822. Representative Moeller, Chairperson from the Committee on Health Care Licenses reports the following committee action taken on April 4, 2019: recommends be adopted is Floor Amendment 2 to House Bill 823, Floor Amendment 1 to House Bill 2438. Representative Thapedi, Chairperson from the Committee on Judiciary - Civil reports the following committee action taken on April 4, 2019: recommends be adopted is Floor Amendment 1 to House Bill 88, Floor Amendment 1 to House Bill 1915. Representative D'Amico, Chairperson from the Committee on Transportation: Vehicles & Safety reports the following committee action taken on April 4, 2019: recommends be adopted is Floor Amendment 2 to House Bill 2151, Floor Amendment 2 to House Bill 2383. Representative Gabel, Chairperson from the Committee on Appropriations-Human Services reports the following committee action taken on April 4, 2019: recommends be adopted is Floor Amendment 2 to House Bill 122. Representative Slaughter, Chairperson from the Committee on Judiciary - Criminal reports the following committee action taken on April 4, 2019: recommends be adopted is Floor Amendment 2 to House Bill 1633. Representative Hurley, Chairperson from the Committee on Human Services reports the following committee action taken on April 4, 2019: recommends be adopted is Floor Amendment 4 to House Bill 344, Floor Amendment 1 to House Bill 2767, Floor Amendment 2 to House Bill 3038, Floor Amendment 3 to House Bill 3468. Representative Guzzardi, Chairperson from the Committee on 10100037.docx 11 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 Prescription Drug Affordability & Accessibility reports the following committee action taken on April 4, 2019: recommends be adopted is Floor Amendment 1 to House Bill 3097. Representative Scherer, Chairperson from the Committee on Elementary & Secondary Education: Administration, Licensing & Charter School reports the following committee action taken on April 4, 2019: recommends be adopted is Floor Amendment 2 to House Bill 190, Floor Amendment 3 to House Bill 423, Floor Amendment 2 to House Bill 2056, Floor Amendment 3 to House Bill 2100. Representative DeLuca, Chairperson from the Committee on Cities & Villages reports the following committee action taken on April 4, 2019: recommends be adopted is Floor Amendment 1 to House Bill 910. Representative Jones, Chairperson from the Committee on Insurance reports the following committee action taken on April 4, 2019: recommends be adopted is Floor Amendment 1 to House Bill 471, Floor Amendment 2 to House Bill 3471. Introduction of Resolutions. House Resolution 253, offered by Representative Mason; House Resolution 255, offered by Representative Guzzardi; And House Joint Resolution 58, offered by Representative Chesney are referred to the Rules Committee."
"Ladies and Gentlemen, we are going to move to the Order of Third Reading, and I have an announcement about how we will proceed today. All the Bills that will be heard today on the floor came out of committees on the Order of Short Debate. Short Debate. I've discussed this with Leader Batinick and he's in agreement that we will follow Short Debate rules, which is one in favor, if there is need, if there's opposition, then there would be one speaker opposed. 10100037.docx 12 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 Do not feel you have to get up and speak just to fill the slot because that will make us move a little bit more quickly. So, on page 26 of the Calendar there appears House Bill 3469, Representative Bristow. Mr. Clerk, please read the Bill."
"House Bill 3469, a Bill for an Act concerning government. Third Reading of this House Bill."
"Representative Bristow is recognized."
"Thank you, Speaker and Members of the House. Today, I present HB3469, which would require all State of Illinois flags purchased by the state to be manufactured in the United States. Currently, all American flags that are purchased by the state… by state institutions and agencies are required to be purchased in the United States. This legislation just adds Illinois flags to follow that same code. I'd be happy to take any questions."
"Is there any discussion? Seeing none, the question is, 'Shall House Bill 3469 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. McSweeney. Mr. McDermed. Mr. Clerk, please take the record. On this question, there are 112 voting in 'favor', 0 voting 'against', 0 voting 'present'. The Bill, having received a Constitutional Majority, is hereby declared passed. On page 23 of the Calendar appears House Bill 2472, Representative Burke. Mr. Clerk, please read the Bill."
"House Bill 2472, a Bill for an Act concerning business. Third Reading of this House Bill."
"Representative Burke." 10100037.docx 13 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"Thank you, Mr. Speaker. House Bill 2472 clarifies the original intent of the Consumer Fraud and Deceptive Business Practices Act to provide clarification of… that the Act applies to instances of bodily injury. And it also clarifies that the language about specifically authorizing an action and that the law… that the Legislature would never specifically authorize a company to cause or contribute to property damage, injury, or death. I know of no opposition and I ask for an 'aye' vote."
Speaker Harris: "Is there any discussion? Representative Batinick."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor indicates she'll yield."
"Representative, you're saying there's no opposition. It looks like there is quite a bit of opposition in committee. Can you speak to that?"
"There were some questions in committee and some Members voted 'no' but I… no one testified in opposition."
"Okay. And we had the Association of Defense Trial Counsel against this Bill?"
"They did not testify in committee or… they've never contacted me if…"
"Okay. I had a little hard time because we had a lot of chatter. I know we want to run through a lot Bills today…"
"Oh, sure. They did not testify in committee, nor have they ever contacted me about any opposition."
"Okay. We had… we had chatter when you introduced the Bill. What was… quick genesis of the Bill and quickly what the Bill… what the goal of the Bill is." 10100037.docx 14 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"It's a clarification of the Consumer Fraud and Deceptive Business Practices Act. It clarifies… it clarifies that bodily injury isn't a recoverable under the Act. And also, clarifies some language in the Act regarding, specifically… specific authorization for an action… specific government authorization, that that does not… that's not intended to mean that the… it clarifies that the Act was intended to protect actions that are required by federal… state statute, not merely allowed by state statute. So, there were some court cases that were leaning toward an interpretation that because something was allowed that it somehow didn't fall… that it was a defense to the Consumer Fraud and Deceptive Business Practices Act and that was not the intent of the original legislation."
"Okay. I had a… I was listening to two conversations at the same time, which is always fun for me in this job. So, my understanding is that you're expanding under which Act you can sue for personal injuries. Is that correct?"
"We're not expanding. We're clarifying the original intent, that it's allowable for bodily injury."
"Okay. I'm being told that that wasn't the original intent. 'Cause we're talking about the Consumer Fraud and Deceptive Businesses Act."
"Correct. And… which is an expansive… the intent was to, when it was originally passed, was to… was broad. It's not… it's not narrow. And we are merely clarifying that bodily injury, under the correct circumstances and under, you know, as long as it meets the other portions of the Act, is allowable." 10100037.docx 15 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"Okay. I'm being told that this is expanding the Act away from the original intent and it's outside the scope of what's in the Act, so I'm going to go ahead and I'm going to urge a 'no' vote. Thank you."
"There being no further questions, the question is, 'Shall House Bill 2472 pass?' All those in favor vote 'aye'; those opposed vote 'nay'. In the opinion of the Chair, the 'ayes'… you got to vote first. Mr. Clerk, the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Ammons, Marron, Unes. Mr. Clerk, please take the record. On this Bill, there being 74 voting 'yay', 39 voting 'nay', 0 voting 'present', this Bill, having received the Constitutional Majority, is hereby declared passed. On page 25 of the Calendar appears House Bill 3113, Representative Cassidy. Mr. Clerk, please read the Bill."
"House Bill 3113, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Representative Cassidy."
"Thank you, Mr. Speaker and Members of the House. As some of you may know, I am a skin cancer survivor. This is a very regular part of my life. I see my dermatologist, perhaps, more often than I see my dentist. I was shocked to learn that having regular skin cancer screenings is not considered preventative care and is actually subject to co-pay. And I believe that by removing that barrier, more people will be checked and more lives will be saved. And I ask for your support."
"Is there any discussion? Seeing none, the question is, 'Shall House Bill 3113 pass?' All those in favor 10100037.docx 16 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 vote 'aye'; those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? DeLuca. Ugaste. Mr. Clerk, please take the record. With a vote of 90 voting 'yes', 22 voting 'no', 0 voting 'present', House Bill 3113, having received the Constitutional Majority, is hereby declared passed. On page 26 of the Calendar appears House Bill 3667, Representative Costello. Mr. Clerk, please read the Bill."
"House Bill 3667, a Bill for an Act concerning gaming. Third Reading of this House Bill."
"Representative Costello."
"Thank you, Mr. Speaker, Members of the House. This Bill allows the Department of Agriculture to have more or less than five days of racing at the Illinois State Fair. I ask for your 'yes' vote."
"Is there any discussion? Seeing none, the question is, 'Shall House Bill 3667 pass?' All those in favor vote 'aye'; those 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 record. With a vote of 112 voting 'yes', 0 voting 'no', and 0 voting 'present', House Bill 3667, having received a Constitutional Majority, is hereby declared passed. On page 4 of the Calendar appears House Bill 348, Representative McSweeney. Out of the record. On House Bill 25… I'm sorry… on page 25 appears House Bill 3265, Representative Meier. Out of the record. On page 26 of the Calendar appears House Bill 3608, Representative Sosnowski. Mr. Clerk, please read the Bill." 10100037.docx 17 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"House Bill 3608, a Bill for an Act concerning revenue. Third Reading of this House Bill."
"Mr. Sosnowski."
"Thank you, Mr. Speaker. I rise to you today on House Bill 3608, which is the initiative of the Department of Revenue. It simply moves it from five hundred to a thousand dollars, an increase of the amount of tax due that would require a payment of estimated taxes. Especially helpful for seniors who would have very little income tax liability. I'd ask for an 'aye' vote."
"Is there any discussion? Seeing none, the question is, 'Shall House Bill 3608 pass?' All those in favor vote 'aye'; those opposed vote 'nay'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Bristow. Walsh. Mr. Clerk, please take the record. With a vote of 113 voting 'yes', 0 voting 'no', and 0 voting 'present', House Bill 3608, having received the Constitutional Majority, is hereby declared passed. On page 26 of the Calendar there appears House Bill 20… 3426, Costa Howard. Mr. Clerk, please read the Bill."
"House Bill 3426, a Bill for an Act concerning revenue. Third Reading of this House Bill."
"Representative Costa Howard."
"Thank you, Speaker. House Bill 3426 closes a loophole in the property tax law regarding leases on government owned property."
"Is there any discussion? Seeing… I'm sorry, Representative Batinick."
"Thank you, Mr. Speaker. Will the Sponsor yield?" 10100037.docx 18 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"She indicates she'll yield."
"Can we have a little more clarity on this? Maybe an example?"
"Absolutely. In DuPage Country, over $700 thousand in back taxes are owed because the tenant on the government owned property did not pay their taxes. And so, this is an initiative by DuPage County Board, as well, and has the support of DuPage County Legislators."
"So, I guess, how did they… how did the owner of the property not have that in the lease?"
"That was not in the lease in terms of back taxes. The issue is more that they didn't have notice, they claimed, to the arrearages."
"Why does DuPage Airport Authority have issues with the Bill?"
"The… Representative Ugaste and I have been working on this Bill and we have a Senate Bill that's coming over as well that we will continue to work on. Their issue is making sure that the tenants that they have actually pay their bills, and don't want to lose any of their tenants. This Bill does not do that. It allows the loophole to be closed in leases going forward."
"Right. I guess what I'm saying is, what is the Senate Bill have to do with this Bill?"
Costa Howard: "There will be some additional language, potentially, that they may want to bring over."
"They being? Who's they?"
"Senator DeWitte."
"Okay. So, it's… there's a trailer Bill…" 10100037.docx 19 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"I'm not asking… I'm sorry, Representative Batinick. I'm not asking for any Amendments or such to be made on this Bill. I'm moving forward with my Bill at this time that is supported by DuPage County Board."
"What is the differences between the two Bills? The other… my understanding is DuPage Airport Authority, they like the Senate Bill more than this Bill."
"Well, that is because they… that language that I believe will be coming over, clarifies that the DuPage County State's Attorney will be… have the authority to prosecute, although they already have the authority to prosecute as the civil prosecutors in these proceedings. They also… I think, the language will include that the property… I'm sorry, that the Treasurer will be sending over notice to the property owners."
"Okay. I'm going to sit back and not listen to the rest of debate. Thank you."
"Absolutely."
"Well, you're in luck 'cause there's no more to listen to. There being no further discussion, the question is, 'Shall House Bill 3426 pass?' All those in favor vote 'aye'; those opposed vote 'nay'. In the opinion of the Chair… and the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Caulkins. Mr. Clerk, please take the record. On a vote of 107 voting 'yes', 5 voting 'no', 0 voting 'present', House Bill 3426, having received the Constitutional Majority, is hereby declared passed. On page 19 of the Calendar appears House Bill 188. Representative D’Amico. Mr. Clerk, please read the Bill." 10100037.docx 20 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"House Bill 188, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"Mr. D'Amico."
"Thank you, Ladies and Gentlemen. House Bill 188 is an initiative of the Secretary of State. It's a family friendly fee reduction Bill. I appreciate an 'aye' vote."
"Is there any discussion? Seeing none, the question is, 'Shall House Bill 188 pass?' All those in favor vote 'yes'; all opposed vote 'no'. Mr. Clerk, voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. With 113 voting 'yes', 0 voting 'no', and 0 voting 'present', House Bill 188 is… having received the Constitutional Majority, is hereby declared passed. On page 23 of the Calendar appears House Bill 2460, Representative Davis. Mr. Clerk, please read the Bill. Would you like to move this back to Second, Representative? Mr. Clerk, please move this Bill back to the Order of Second Reading."
"House Bill 2460, a Bill for an Act concerning finance. The Bill was read a second time on a previous day. No Committee Amendments. Floor Amendments 1 and 2 have been approved for consideration Floor Amendment #1 is offered by Representative Davis."
"Representative Davis on the Amendment."
"Thank you very much, Mr. Chair. Move to adopt Floor Amendment #1, which is a technical language addition to the Bill with regard to inserting responsible contractor and responsible bidder policies as part of the Bill." 10100037.docx 21 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
Speaker Harris: "Representative Davis moves to adopt Floor Amendment #1 to House Bill 2460. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Any further Amendment, Mr. Clerk?"
"Floor Amendment #2 is offered by Representative Davis and has been approved for consideration."
"Representative Davis on Floor Amendment 2."
"Hold on, Mr. Clerk… Mr. Chair. I think I may have given Floor Amendment #1 as Floor Amendment #2. So bear with me just a moment, please. Mr. Clerk, let me take this out of the record so I can get… so I can be clear. Let me take this out of the record."
"At the request of the Sponsor, we'll take this out of the record. On page 24 of the Calendar appears House Bill 2729, Representative Didech. Out of the record. On 25 of the Calendar appears House Bill 3105, Representative Edly- Allen. Out of the record. On House Bill… I'm sorry… on page 24 of the Calendar appears House Bill 2895, Representative Flowers. Representative Mary Flowers. Out of the record. On page 26 of the Calendar appears House Bill 3483, Representative Gabel. Out of the record. Representative… returning to page 24 of the Calendar, we are on House Bill 2895, Representative Flowers. Mr. Clerk, please read the Bill. Representative, I believe there… you have a Floor Amendment? Representative Flowers."
"Thank you. Representative Davidsmeyer has the Floor Amendment. And if we could just wait until he comes back?"
"We can come back to you, Representative." 10100037.docx 22 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"Thank you."
"Thank you. Returning to page 26 of the Calendar and House Bill 3483, Representative Gabel. Please read the Bill, Mr. Clerk."
"House Bill 3483, a Bill for an Act concerning State government. Third Reading of this House Bill."
"Representative Gabel."
"Thank you, Mr. Speaker. What this Bill does is it just codifies into statute the current prioritization of urgency of needs of services, the PUNS list, for people with developmental disabilities. This… the method of doing this is much better. It helps… people don't have to stay on this list forever. It has them check the list periodically and clean it up. This is an initiative of the Arc of Illinois, and it's… it comes out of recommendations of the task force that we had last year. Appreciate an 'aye' vote. There's no opposition."
"Any discussion? Representative Batinick."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she'll yield."
"Representative, our notes say that you were indicated an Amendment was going to be brought back to committee but I don't see an Amendment."
"I don't believe there was… oh, you know what? There's a very small change that they said they would make in the Senate for the Department. The Department agrees that it's okay to make it in the Senate."
"Okay, I guess. Did the committee agree to that?"
"I can take it out of the record if you'd like."
"I'd appreciate that. Thank you." 10100037.docx 23 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"Okay."
"Mr. Clerk, please take this Bill out of the record. On page 23 of the Calendar appears House Bill 2497, Representative Greenwood. Out of the record. On page 22 of the Calendar appears House Bill 2170, Representative Hernandez. Representative Barbara Hernandez, and she says out of the record. Now, on the order of Hernandez for Representative Lisa Hernandez on House… on page 24 is House Bill 2894. Mr. Clerk, please read the Bill."
"House Bill 2894, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Representative Hernandez." Hernandez, L.: "Thank you, Speaker. So, let's see… House Bill 2894 is a request from the Auditor's Office. Currently, the Covering All Kids Program is audited every year. This Bill would change the audit report to be issued every 3 years, which will bring a savings of approximately 250 thousand in audit cost and would allow the agencies administering the program sufficient time to implement recommendations before the next audit begins. I ask for your 'aye' vote."
Speaker Harris: "Is there any discussion? Representative Hammond."
"Thank you, Mr. Speaker. And I would request that we could remove this from Short Debate to Unlimited Debate."
"We'll move this to the Order of Standard Debate."
"Thank you. And will the Sponsor yield?"
"She indicates she'll yield."
"Thank you. Representative Hernandez, I know that we had a similar Bill a few years ago when we also made some changes 10100037.docx 24 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 similar to this one. My… my question to you is, why is it that you feel it is appropriate to take a program, such as All Kids, and only have it audited every three years when it is certainly a significant program?" Hernandez, L.: "So, according to the Auditor, having an annual audit requirement for the All Kids Program means that auditors are in the field on a near constant basis. It also means that the agencies involved do not have time from the completion of the audit to the commencement to the next in which to implement corrective actions recommended by auditors. And then consequently, we repeat… the Auditor ends up repeating recommendations from one year to the next. For instance, 3 were 5 recommendations that were audited from the program, from 2015, and five of those recommendations were repeated in 2016. So, the 25th audit took approximately 2,407 audit hours at a cost of $124 thousand. The FY16 audit took approximately 2 thousand… yeah, about 2 thousand hours, audit hours, at a cost of 126 thousand. So, that's why."
"And I am certainly not going to disagree with you on any of those numbers or those facts. But my concern is why we are taking one program, particularly this All Kids Program, which is a very… carries a very hefty price tag and there are many, many qualifications within the program that have to be met, certainly to qualify for federal guidelines as well as state guidelines. But in light of this, I have universities and community colleges that are inundated with auditors. As a matter of fact, auditors come to the university communities. They buy a home because they are there for an entire year, oftentimes, always 9 to 10 months doing an audit and it is 10100037.docx 25 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 extremely costly. So, if we are going to make an exception for a program like All Kids, why is it we don’t just say, with the blessing of the Auditor General, that we are just going to audit all agencies, all programs, once every 3 years, once every 5 years, once every 10 years? But where is the accountability for the taxpayer dollars in the meantime?" Hernandez, L.: "So, all I will say, this is a recommendation from the Auditor and the three years were decided based on the sunset. So, you know, if you're going to sunset and renew it, you know, we just aligned it with… it made sense to align it for the auditing report as well."
"And, Representative, with all due respect, I think I'm probably almost old enough to remember when this program came into being. And I am… I am certainly a proponent of the program, but more importantly, I am also a proponent of accountability for the program. Thank you for your time."
"Representative Davidsmeyer."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she'll yield."
"So, is this… is this a matching program? Does the Federal Government match this?" Hernandez, L.: "Yes."
"Do they match all of this?" Hernandez, L.: "I believe so."
"Okay. If you look back at the audits that we've seen, the annual audits that we've seen, you will see that the cost to the cost of the program for undocumented immigrants is 55 percent of the program. That means 55 percent of this program over… since 2009, has been paid fully by 10100037.docx 26 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 Illinois citizens. I think that it's insane at a time when Illinois is broke, we can't pay our bills, we've got developmentally disabled on the PUNS list that are waiting to get help, we've got all these things, we've got all these people waiting for payments and waiting to get paid, and we're paying for extras. And that's the reality of what's going on. We all support providing health care and quality health care to individuals but right now, we cannot afford to continue to provide free health care to undocumented immigrants that are not here legally. So, I just want to say, just to put this into perspective, since 2009… and we only… we only have audits through 2017. So, 2009 to 2017, almost half a billion dollars has been spent through this program for undocumented immigrants. And this is not a, you know, a race thing and we're not turning into a race thing. It's people that are here undocumented. They have not gone through the proper process and we are paying 100 percent of the cost for these individuals. That is 55, almost 56 percent of the program, has gone to this. Now, we have programs, even programs that were just passed yesterday that promise, oh it's only going to cost another $10 million. We cannot continue to afford these things. I hope that… I hope that people will step up and try to help reform because it's these costs that are pushing out other services. Whether you're talking about making higher education more affordable. Whether you're talking about helping the developmentally disabled that are sitting on the PUNS list, that have been sitting on there forever, where the Federal Government has had to step in and tell us we have to continue to make progress. We are not 10100037.docx 27 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 making progress to help these people because we continue to give more and more money away to areas that we can't afford. So, I would strongly urge a 'no' vote. Even though I understand the need for the program, we can't continue to give away this money to individuals who are not here legally. Thank you."
"Under the Order of Standard Debate, there are three speakers in opposition, three speakers in support. Representative Mayfield, do you stand in support or opposition? In support. Representative Mayfield."
"Thank you so much. Will the Sponsor yield?"
"She indicates she'll yield."
"Representative Hernandez, the title of the Bill is All Kids. Correct?" Hernandez, L.: "That's correct."
"Does it… now when you say All Kids, that means regardless of immigration status, correct?" Hernandez, L.: "I believe so, yes."
"That means every child in the State of Illinois will receive adequate health care?" Hernandez, L.: "That's right."
"Thank you so much for bringing this Bill. It is very important that we take care of our children. Immigration status is not important. What is important is that we are doing… this is for public safety. This is for public health. These children are in our schools. All of these children are in our schools. We want to make sure that children have access to health. This goes a long way toward future savings to the state where we are not paying for additional services, 10100037.docx 28 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 individuals in hospital rooms that require help. We can take care of that. We can be very proactive. I want to recommend an 'aye' vote. I thank you for bringing this… this legislation. And I ask everybody in here to, please, stand up and support every child within the State of Illinois. Thank you so much."
"Representative Villa, do you stand in support or opposition?"
"Support."
"Please proceed."
"Leader Hernandez, is this Bill in regards to whether we should get rid of All Kids?" Hernandez, L.: "No."
"So, is this… is the purpose of this Bill to talk about the auditing of All Kids?" Hernandez, L.: "So, the auditing piece was a concern from the Auditor on the cost. It just… it… for very good reasons, the recommendations was to extend the audit, which meant including savings. So, I think that we have a savings piece to this. But it is also is a Bill that extends the extension."
"Very good. So, before All Kids, children would have to go to the emergency room for treatment? Is that correct?" Hernandez, L.: "That's correct."
"Okay. And the cost of that was extensive, going to the emergency room for treatment?" Hernandez, L.: "Much more expensive when you go to the emergency room."
"Okay. So overall this would be a cost savings Bill?" Hernandez, L.: "Absolutely." 10100037.docx 29 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"Thank you, Leader."
"Representative Batinick, do you rise in support of opposition?"
"I rise in support… I'm sorry. In opposition."
"Representative Batinick is recognized."
"Thank you, Mr. Speaker. I want to clarify a couple of things. We're not… this is a hard job, by the way. I'm going to make a mistake every now and then. We're not changing All Kids with this legislation. We're just talking about when we're going to see the numbers on it. So, I know we're under investigation for our Medicaid eligibility. There's issue with our SNAP program. This debate has devolved into something about who is eligible and who isn't and who's covered and who's not. The only thing that's happening in this legislation is that we're not take… we're taking a look every three years with what's happening from an audit standpoint as opposed to every one. And we're extending the sunset on it. I'm just… I'm guessing here. We may not be the best state to set an example of less audits and less looking at how money is being spent. Thank you."
"There having been three speakers in favor, three speakers against, under the rules of Standard Debate, Representative Hernandez to close." Hernandez, L.: "Thank you. Thank you for the discussion. I just believe that this program is really for all kids. It speaks for itself, so I ask for your 'aye' vote for all kids to receive insurance. Thank you."
"The question is, 'Shall House Bill 2894 pass?' All those in favor vote 'aye'; all the opposed vote 'no'. 10100037.docx 30 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. With a vote of 67 voting 'yes', 45 voting 'no', and 0 voting 'present', House Bill 2894, having received the Constitutional Majority, is hereby declared passed. On page… page 25 of the Calendar appears House Bill 3396, Representative Hurley. Mr. Clerk, please read the Bill."
"House Bill 3396, a Bill for an Act concerning civil law. Third Reading of this House Bill."
"Representative Hurley."
"Thank you, Mr. Speaker. 3396 just tightens up a little bit of a dilemma. If you get a stalking order, you have to file it close of business, not next business day. So, it applies to holidays and such. I'm here for questions and then would appreciate an 'aye' vote."
"Is there any discussion? Seeing none, the question is, 'Shall House Bill 3396 pass?' All those in favor vote 'aye'; those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Brady, Halbrook, Mazzochi. Mr. Clerk, please take the record. With a vote of 111 voting 'yes', 0 voting 'no', and 0 voting 'present', House Bill 3396, having received the Constitutional Majority, is hereby declared passed. On page 22 of the Calendar appears House Bill 2267, Representative Martwick. Please read the Bill."
"House Bill 2267, a Bill for an Act concerning elections. Third Reading of this House Bill."
"Mr. Martwick." 10100037.docx 31 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"Thank you, Mr. Speaker. House Bill 2267 is a Bill that I have run for the last two General Assemblies, and if passed and signed by the Governor, would for the first time in Chicago's history create an elected representative school board. In 1995, this Body, in its infinite wisdom, passed a Bill that they called then the School Reform Act, which created, for the Chicago Public Schools, a government structure unlike any that exist in the United States of America. It wasn't just that there was an appointed school board, but unlike any other appointed form of government in the State of Illinois or in the United States of America, it provided full authoritarian control over the operation of the schools to the Mayor of the City of Chicago with no checks and balances. The mayor got to appoint whoever he wanted to control that board but he was not subject to confirmation by the city council nor was he subject to oversight. And the performance of that school, since 1995, has been subject of many, many problems. In 1995, the first act of the appointed school board was to skip a pension payment. They continued that for the next 9 years, skipping a decade of pension payments and taking the Chicago Teacher Pension Fund from 104 percent funded to 50 percent funded, where it sits today. And that funding, that pension underfunding, has led to incredible budget pressures that take money out of the classrooms, that take resources away from children, and will be born and paid back by every taxpayer of the City of Chicago. They built tons of new schools that they didn't necessarily need. They embarked on a massive expansion of charter schools against the wishes of their constituents. And 10100037.docx 32 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 then they closed 15 neighborhood schools in the most economically and socially challenged neighborhoods, withdrawing a cornerstone of stability and leaving empty, shuttered buildings in very difficult neighborhoods. Many people are aware of the massive sex abuse scandal that happened. Many people are aware of the efforts by the… this last school board that denied critical special education services to minority students. CEO after CEO of the Chicago Public Schools have left under a cloud of scandal, including Barbra Byrd-Bennett, who very famously gave a $25 million no- bid contract to her former employer. Not so much just that she gave a $25 million no-bid contract to her former employer, as if that alone wasn't bad enough, but at the school board at which that contract was approved, there was no debate and no dissent. Dozens of parents and neighborhood driven groups have been formed to advocate for improved educational opportunities for the schoolchildren of Chicago. Groups like Northside Action for Justice, Raise Your Hand, Brighton Park Neighborhood Council, the Kenwood-Oakland Community Organization, and Parents for Teachers. They've been regularly dismissed and disrespected by the appointed board. And these groups have demanded elected accountability. They've demanded democracy. And that's exactly what we are here to give them, a cornerstone of democracy. One of the tenets that our government was built on, that there shall be no taxation without representation. So I bring to you this Bill which would create an elected representative school board. It's passed twice in prior General Assemblies with overwhelming numbers. It would break the City of Chicago up 10100037.docx 33 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 into 20 representative districts. There would be 20 school board members elected from these districts. There would be 1 citywide elected school board president. There are several provisions that have been put in to limit conflicts of interest. The first election would occur in 2023. A second election would occur in 2027. And then in 2029, to ensure that this new system of democracy was functioning well, the legislation would return to the General Assembly for a period of review and to make any revisions to the law to make sure that it's functioning the way it was intended. Ladies and Gentlemen, it's time to provide democracy to an entire school district, the largest school district in the state that has been denied it for far too long. I'm happy to answer questions. And I ask for an 'aye' vote."
"Any discussion? Seeing… Mr. Batinick."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor indicates he'll yield."
"A couple of quick questions, Representative. Why is this a pilot program? I think we all voted for the full deal last Session. Why'd you decide to go with the pilot program?"
"This is a… this is not a pilot program, Representative. Not in any way, shape, or form. This will create a fully elected school board that will have elections in 2023 and 2027. It will operate for six years. Many… probably the biggest concern that I've heard from people about this massive change… remember, City of Chicago has never had an elected school board. The largest district, and certainly the most diverse and most complex districts in our state. This is a big change. And the biggest concern that I've heard is the 10100037.docx 34 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 influence of special interest and outside money. And so, many of the provisions that I've put in this Bill are designed to address that. But until this actually happens, until it goes into practice, we don't know. Obviously, there just was an election in the City of Chicago and there was massive amounts of special interest money, education money spent in those elections. And so, we want to make sure that this is functioning well and that the Legislature has the ability to proactively revise this to make sure that it's functioning well after six years."
"Okay. It sounds like you were well prepared for that answer. One other quick question. I see the City of Chicago is opposed. Have you spoken to the new mayor about it, this Bill?"
"So, we don't have a new mayor yet. We had an election and she has not been sworn in. What I would tell you is that every mayoral candidate that ran for office in this last election was supportive on an elected school board. And… and from the… the statements of the two candidates that were the finalists, both supported a fully elected school board and it was a high priority on them. I have not discussed with Mayor- elect Lightfoot the provisions of this Bill. But this Bill, and the provisions that were put into it, were drafted four years ago, long before she mused about running for office and becoming the mayor. So, I look forward to having productive discussions with her. And obviously, with the first election not taking effect until 2023, there is time to revise this if there are concerns."
"Thank you for your answers." 10100037.docx 35 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"You're welcome."
"This issue being on the Order of Short Debate, there has been one speaker on either side, the question is, 'Shall House Bill 2267 pass?' All those in favor vote 'aye'; those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Keicher, Morrison, Sommer. By a vote of 100… Mr. Clerk, take the record. By a vote of 110 voting 'yes', 2 voting 'no', and 0 voting 'present', House Bill 2267, having achieved the Constitutional Majority, is hereby declared passed. Page 26 of the Calendar appears House Bill 3501, Representative Manley. Mr. Clerk, please read the Bill."
"House Bill 3501, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Representative Manley."
"Thank you, Mr. Speaker. House Bill 3501 prohibits a person holding a public office in a unit of local government, chosen either by election or appointment, from hiring him or herself to a second position within the same local unit of government. Currently, there is no expressed prohibition preventing public officials from hiring themselves to a second position. I'll take any questions."
"Is there any discussion? Seeing none, the question is, 'Shall House Bill 3501 pass?' All those in favor vote 'aye'; those opposed vote 'no'. Mr. Clerk, the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Villanueva. Mr. Clerk, please take the record. With a vote of 113 voting 'yes', 0 voting 'no', and 0 voting 'present', House Bill 3501, having received the 10100037.docx 36 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 Constitutional Majority, is hereby declared passed. On page 24 of the Calendar appears House Bill 2982, Representative Swanson. Mr. Clerk, please read the Bill."
"House Bill 2982, a Bill for an Act concerning education. Third Reading of this House Bill."
"Mr. Swanson."
"Thank you, Mr. Speaker. And, Mr. Speaker, I want to say thank you for honoring me today with the opportunity to start the pledge. That's the first time. It meant a lot. Thank you. House Bill 2982 allows our substitute teachers to not only register in their regional office of education, but also because they do receive a state certificate as a substitute teacher, this will allow them to substitute teach across the whole State of Illinois, thus providing more substitute teachers for the need that we have in our school districts. Currently, if you register in one ROE, you must register in other ROEs with the… for your license. But this will allow for more substitute teachers throughout the State of Illinois, or at least the ability to expand their substitute teaching role. I would encourage an 'aye' vote."
"Is there any discussion? Seeing none, the question is, 'Shall House Bill 2982 pass?' All those in favor vote 'aye'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Conyears-Ervin, Halbrook, Stava-Murray. Mr. Clerk, please take the record. On this question, there being 89 voting 'yes', 22 voting 'no', and 0 voting 'present', House Bill 2982, having achieved a Constitutional Majority, is hereby declared passed. On page 19 of the Calendar, appears 10100037.docx 37 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 House Bill 38. Representative Mayfield. Representative Mayfield. Mr. Clerk, please read the Bill."
"House Bill 38, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"Representative Mayfield."
"Thank you so much. This Bill provides that it's an aggravating factor if a individual discharges a firearm within a place of worship resulting in harm or death to another individual. Ask for an 'aye' vote."
"Is there any discussion? Seeing none, the question is, 'Shall House Bill 38 pass?' All those in favor vote 'aye'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Butler, Keicher, Meier, Swanson. Mr. Clerk, please take the record. By a vote of 113 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 38, having received the Constitutional Majority, is hereby declared passed. On page 22 of the Calendar appears House Bill 2301, Representative Meyers-Martin. Out of the record. On House Bill (sic-page) 21 appears House Bill 1442, Representative Mussman. Mr. Clerk, please read the Bill. I'm sorry. Mr. Clerk, at the request of the Sponsor, out of the record. On page 23 of the Calendar appears House Bill 2665, Representative Robinson. Mr. Clerk, please read the Bill."
"House Bill 2665, a Bill for an Act concerning health. Third Reading of this House Bill."
"Mr. Robinson."
"Thank you, Mr. Speaker. HB265 (sic-HB2665) amends the Consent by Minors to Health Care Services Act. The Bill 10100037.docx 38 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 potentially allows minors 12 years of age to access preventative care such as birth control, STD prevention. HB2665 has a general effective date. In this Bill, it is only adding preventive care to the current statute. I would ask for an 'aye' vote on this Bill, HB2665."
Speaker Harris: "Is there any discussion? Representative Hammond."
"Thank you, Mr. Speaker. And I would request that we remove this from Short Debate."
"We'll move this to the Order of Standard Debate seeing the requisite number of hands."
"Thank you. I appreciate that. Will the Sponsor yield?"
"He indicates he'll yield. Yes."
"So, Representative, many of us have concerns, and I would suggest that it's not necessarily just on our side of the aisle. But many of us have concerns that allowing an individual 12 years of age to avail themselves of these services without parental consent is of significant concern. Can you share with me why your Bill does not believe that it… that parents should be a part of this decision?"
"Thank you, Representative Hammond. Currently, a minor can receive assistance in this space, so we're really not changing anything but preventative medication. And so, with that said, as a minor, you could receive contraceptives, you can receive birth control currently. So this is really not a major change. This is something that is already happening currently, Representative Hammond."
"However, Representative, this is not a contraceptive. This is, in fact, a prescription for a medication for HIV 10100037.docx 39 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 infection. My concern, and many other folks, have a concern that we're not just approaching this where someone 12 years old could avail themselves of this medication, this prescription, but, in fact, we are… we are saying that this behavior is okay because we're going to have this on the other end for you to avail yourselves of. So, we're not really concerned with your behavior or the fact that you've put yourself… whether you've done it willingly or not, and I will qualify that, but we're going to allow you this prescription as a 12-year-old where you do not have to notify your parents that you have availed yourself of this and it's going to be okay."
"Representative, again, thank you for your question and your concern. I think that you're missing the point in we're not focusing on a 12 year old. We're focusing in on adolescents. And with that said, the medication that you're talking about has a 99 percent rate of not transmitting HIV. And so, what we're doing is, we are saving lives, particularly for our youth that are safety net. As State Representatives, we are, in fact, parents for kids that don't have parents. This is not an issue of a child that has a parent that they can go to. We're talking about kids that do not have parents that they can go to and talk about this issue. And so, really, again, we are saving lives with this Bill. And so, I will ask you, again, for your vote on this very, very important Bill, Representative."
"And Representative, you mentioned a 99 percent success rate and certainly, I'm not going to argue that by any stretch of the imagination because when it is used properly, that is, 10100037.docx 40 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 in fact, the truth. However, I really question whether a 12 year old has the ability and has the maturity to know how to use a prescription, a medical prescription of this type properly. And…"
"And that's where, from our… folks that are supporting this Bill, the Pediatrics' Association, which, as you all know, is a well-known organization in supporting this Bill, because the only way that you can receive this medication is by seeing a doctor. And you have to have check-ups. So that's another reason that I think that this Bill is extremely important because, again, an adolescent or anyone has to be able to go to a physician for regular check-ups. So, that is another mechanism why this is really a nonproblematic drug for an adolescent to take, again, if they're finding themselves in a place that they're needing a drug like this."
"So, Representative, not to belabor this but many of us would be very happy to support your Bill, I believe, if there was parental consent. We, in the State of Illinois, 17 years old is the age of consent. That is a consent for tattoos, for piercings without parental consent. We have, in fact, a consent law at the age of 17 years old and this is an issue when we have no parental consent for a 12 year old for a medical prescription of this type. I urge a 'no' vote."
"Representative Cassidy, do you rise in support or opposition? Please proceed."
"Thank you. Question for the Sponsor."
"The Sponsor will yield." 10100037.docx 41 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"Representative Robinson, I want to thank you for bringing this Bill to the floor. Can you tell me why young people need access to PrEP?"
"Thank you, Representative. The Illinois Department of Public Health has launched PrEP for Illinois, which is PrEP Assistance Program. The program offers tailored client navigation for PrEP services like education, medication access, referral to PrEP friendly physicians, and more importantly, enrollment into appropriate assistant programs. There is a copay assistance program offered by PrEP. The company being called Gilead is the only company that sponsors this medication."
"Thank you. To the Bill. I would also add that while we know that new HIV cases have dropped by nearly 28 percent, and mother to child HIV transmission has nearly been eliminated, HIV diagnoses are actually going up among youth, with black and Latinx youth most disproportionately affected. Youth age 13 to 24 make up 85 percent of new HIV diagnoses… diagnosis according to the Illinois Department of Public Health. Access to PrEP and the health education that comes with it would reduce the rates of new HIV diagnoses from increasing among young people. To the earlier point, my colleague on the other side of the aisle raised the question about whether youth would be able to affectively use this medication because of the question of 99 percent effectiveness when used properly. Let me be clear, taking one medication is a lot less complicated than managing an incredibly complex cocktail of HIV meds for the rest of your life. So, let's not fool ourselves that we're doing something 10100037.docx 42 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 in support of youth by opposing this Bill. To the question of parental consent and the examples given from the other side, those aren't things that are meant to keep someone alive. This is meant to save youth lives. As someone who was on my own and didn't have a parent that I could talk to, I am deeply offended at the suggestion that these kids would be better off facing abusive parents, facing absent parents, than keeping themselves alive and avoiding an HIV diagnosis. This is really simple. We need to make sure that kids have access. We can't pretend they're not having sex. We can't pretend this isn't happening. If the people on the other side of the aisle want to stick their heads in the sand while our constituents contract this disease, that's on them. Vote 'yes'."
"Representative Stava-Murray, do you rise in support or opposition?"
"In support."
"Please proceed."
"I rise in support of this Bill and I think when… I’m sorry. Will the Speaker yield? Or will the Sponsor yield? So, I rise…"
"She indicates she will yield."
"…in support and to not echo too much the prior robust support for this. One of the questions that we were just discussing in our seat was thinking about whether or not a child at the age of 12 has the right to privacy for their health care. And it's my strong belief… to the Bill. It's my strong belief that if my child were 12, I would want them to have access to health care. I would want them to be able to 10100037.docx 43 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 prevent what they need to prevent. I would want them to get treatment for what they need to get treatment for. And the communication between the parent and the child is something that should be worked out between the parent and the child, but we shouldn't be preventing health care access for it. And hopefully, the relationships are such that the children are willing to share and feel nurtured and safe. But unfortunately, as it was pointed out, there's many situations that aren't necessarily safe. So, we have to make sure that we're looking out and allowing people to access health care. And children are people, too, and this is about people accessing their own health care."
"Representative Parkhurst, do you rise in support of opposition?"
"I rise in opposition."
"Please proceed."
"I've… thank you. To the Bill. I've spent a majority of my career fighting for children, for children's rights, and we can't have it both ways. We just passed Tobacco 21 because we didn't feel that adolescents and young adults were able to make the decision whether or not to buy cigarettes on their own. The Juvenile Justice and Restorative Justice Bills in committees have argued about brain development. We've argued that we need to protect our youth because they don't have their judgement formed 'til 25. They don't have the reasoning skills to make those kinds of judgements and that's why they should categorically be treated differently in the juvenile justice system. And now we're saying 12 year olds are able to make their own medical decisions. No one wants to 10100037.docx 44 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 see, you know, a 12 year old suffer, but I think parental consent is important. I don't think 12 years old, they have the ability to make those complicated medical determinations. And the Bill also covers birth control and other areas that parental consent should be considered. So, I would urge you to think what are we doing saying that a 12 year old can make their medical decisions but they can't be held responsible in the juvenile justice system? I truly believe the scientific research that the brain is not developed. It is proven. Different parts of the brain control how these decisions are made and when you're in your teenage years, they're made from an emotional part of the brain and not the frontal part of the brain that deals with judgement and reasoning. So, I would urge a 'no' vote. Thank you."
"Representative Morrison, do you rise in support of opposition?"
"Opposition, please."
"Please proceed."
"Thank you. Will the Sponsor yield?"
"He indicates he'll yield."
"Okay. Representative Robinson, so this only deals with one sexually transmitted infection, correct? Okay. So, there… this behavior does… there are risks involved with this behavior, correct? That's why this… you're putting forward this Bill to try to amend some of the consequences of risky behavior. Do you… okay. So, I would like to go to the Bill then. This drug does have side effects. It's not like just taking a daily multi-vitamin. Gilead Sciences is one of the producers of this drug, the brand name is Truvada. And 10100037.docx 45 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 according to Gilead Sciences' website, the drug could cause kidney and liver problems, skeletal problems. It could cause too much lactic acid in the blood, which could actually lead to death. And so, my… one of my concerns is, sharing some of the other Representatives and their concerns, just who would be responsible for the child's health if this child is put on this drug without the parental… without the parent's knowledge or consent? We're talking, again, about moving this down to age 12. The bottom line is, this is too serious to not require parental supervision and involvement and again, I would urge a 'no' vote. Thank you."
"Under the rules of Standard Debate, there have been three speakers in favor, three speakers against. The question is, 'Shall House Bill 2665 pass?' All those in favor vote 'aye'; those opposed vote 'nay'. Mr. Clerk, voting is open. Have all voted who wish? Have all voted who wish? Ammons, DeLuca, Ford, Hoffman. Have all voted who wish? Mr. Clerk, please take the record. On this Bill, House Bill 2665, there are 62 voting 'yes', 48 voting 'no', 1 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. On page 21 of the Calendar appears House Bill 1551, Representative Scherer. Mr. Clerk, please read the Bill. Mr. Clerk, could you move House Bill 1551 to Second… Order of Second Reading for the purpose of Amendments."
"House Bill 1551, a Bill for an Act concerning courts. This Bill was read a second time a previous day. No Committee Amendments. Floor Amendments 1 and 2 have been 10100037.docx 46 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 approved for consideration. And Floor Amendment #1 is offered by Representative Scherer."
"Representative Scherer on Floor Amendment 1."
"Yes, I have a Bill about DCFS and it makes… we had a subject matter hearing and it makes several corrections. I would appreciate an 'aye' vote and happy to answer any questions."
"Representative Jones."
"Mr. Speaker, I was rising to speak on another Bill, but point of personal privilege. But I…"
"Can we come back to you after we finish with this Bill?"
"Please do."
"Representative Batinick."
"This is a gut and replace, can you please explain the Amendment a little bit more thoroughly?"
"Sure, I'd be happy to. So, it does some significant things. It resets the clock when it goes to… when a child goes back to the parents home from being in foster care. The clock was starting when they were going to foster care and it should start when they go into the home. It also makes… if a mandated reporter makes a call, then that is of top significance. It makes a home safety checklist to go over between DCFS and a private agency before the private agency goes to the judge to say that it's okay for the child to go home. It says that a doctor's visit, and immunizations, or a letter stating otherwise has to be up to date. That if a DCFS investigator goes to a home and they're not allowed in, that… then it's cause for an investigation. And it says that the 10100037.docx 47 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 Auditor General will check the performance and compliance every year."
"Okay. Thank you. Thank you. Thank you."
"All… Representative Scherer moves the adoption of Floor Amendment #1. All those in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. Amendment #1 is adopted. Mr. Clerk, are there any further Amendments?"
"Floor Amendment #2 is offered by Representative Scherer and it has been approved for consideration."
"Representative Scherer on Amendment 2."
"Okay. Amendment 2 is much simpler. All it does is it changes one word. They were doing compliance and performance and it was going to be a problem with them doing both in one year and we had to change the word compliance so that it's… they do both once a year, not twice."
"Representative Scherer moves the adoption of Floor Amendment #2. All in favor say 'aye'; opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. Floor Amendment 2 is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Please read the Bill."
"House Bill 1551, a Bill for an Act concerning courts. Third Reading of this House Bill."
"Representative Scherer."
"So, it's the same thing as what I just said."
"Representative Sommer." 10100037.docx 48 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"Thank you, Mr. Speaker. To the Bill. This legislation is certainly more protective of our most… most vulnerable children and I fully support it. Thank you."
"Thank you. Seeing no further discussion, the question is, 'Shall House Bill 1551 pass?' All those in favor vote 'aye'; all those opposed vote 'nay'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. With a vote of 113 voting 'yes', 0 voting 'no', and 0 voting 'present', House Bill 1551, having received the Constitutional Majority, is hereby declared passed. On page 27 of the Calendar appears House Bill 3704, Representative Slaughter. Please read the Bill, Mr. Clerk."
"House Bill 3704, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"Representative Slaughter."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 3704 is an initiative of the Illinois Department of Juvenile Justice. And the Bill adds family engagement as a core function and duty of the agency. When it comes to rehabilitating our juvenile population, research has established that youth related programming, along with family engagement, access, and visitation are critical to the success of youth returning to their communities. House Bill 3704 puts forth important language and guidelines to empower IDJJ to ensure that their family programs and policies are developmentally appropriate, evidence based, and aligned with the mission and vision of the Department. There are no opponents to the Bill. I urge a 'yes' vote." 10100037.docx 49 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"Is there any discussion? Seeing none, the question is, 'Shall House Bill 3704 pass?' All those in favor vote 'aye'; those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Ammons, Caulkins, Manley, Yednock. Mr. Clerk, please take the record. With 105 voting 'yes', 7 voting 'no', 0 voting 'present', House Bill 3704, having achieved the Constitutional Majority, is hereby declared passed. Representative Jones, for what reason do you seek recognition?"
"Point of personal privilege."
"Please proceed."
"You know, taking us back to House Bill 2665. You know, sometimes there are comments made down here that are dog- whistle comments. And I don't want those comments to, like, leave the Body when comments are made like risky behavior when you talk about HIV/AIDS, and that comment was made today by a Member on the other side. And while HIV/AIDS may not be on your agenda on the other side, it is on our agenda because black men and Hispanic women and everyone, the numbers are high in black communities with HIV/AIDS. And to make a dog- whistle comment about risky behavior when the law and the Bill was talking about preventative services, I would just caution the Members to be… be cautious with your comments because people are listening to the words that say and listening on how we debate on how we affect and change in our community. HIV/AIDS is important. Preventative services are important. Dog-whistle comments like one of the Representatives said on the other side should not be allowed 10100037.docx 50 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 in this chamber. And I would just caution the other side to stay away from those dog-whistle comments that seek to hurt people and not help advance legislation that we need to do in Springfield. Thank you."
"On page 25 of the Calendar appears House Bill 3398, Representative Stuart. Out of the record. On House Bill… I’m sorry… on page 26 appears House Bill 3604, Representative Tarver. Representative Tarver. Out of the record. Page 22 of the Calendar appears House Bill 2258, Representative Welter. Mr. Clerk, please read the Bill."
"House Bill 2258, a Bill for an Act concerning education. Third Reading of this House Bill."
"Representative Welter."
"Mr. Speaker, 2258 amends the School Code with regard to the prerequisites to require a high school diploma. Provides that a pupil must complete one year chosen from music, art, foreign language, vocational education, or speech. So what we did with this Bill was we just added the language 'or speech' to that, making it an option and not a mandate."
"Is there any discussion? Seeing none, the question is, 'Shall House Bill 2258 pass?' All those in favor vote 'aye'; those opposed vote 'nay'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Ammons. Didech. Mr. Clerk, please take the record. On a vote of 112 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 2258, having received the Constitutional Majority, is hereby declared passed. On page 4 of the Calendar appears House Bill 348, Representative McSweeney. Please read the Bill." 10100037.docx 51 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"House Bill 348, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Mr. McSweeney."
"Mr. Speaker, House Bill 348 is a Bill that we saw last year. This Bill would allow townships in McHenry County to consolidate with the county with the voter approval. It also allows for Lake and McHenry County, for small rural districts under 15 miles to be consolidated with the township. This Bill was vetoed by Governor Rauner. He wanted to apply it statewide. I don't want to apply it statewide. I want to see it work in McHenry County. McHenry County is an area that we have very high property taxes. We also have three townships that are investigation by the State's Attorney. We have a situation that there are multiple legal fights and have bills in my own home township. I represent about 25 percent of McHenry County. We, this year, with the leadership of Chairman Yingling, we made some changes to the Bill. We did a few things. We sat down with the township officials. They had some very… in fact, their lobbyists are very good people. We sat down and had a discussion with them and made some clarifications to the Bill. We also worked with Chairman Franks. He, with his board, raised some concerns on the Bill. We addressed those in our Amendment #1 that Chairman Yingling filed. The only thing I want to point out is while township officials are really good people, there is one piece of misinformation, there has been no McHenry County referendum on this issue. There was a Bill that was passed by Chairman Yingling last year that will allow a township to consolidate with a road district. And in McHenry Township, not county, 10100037.docx 52 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 that was defeated. But that has absolutely nothing to do with this Bill. So I certainly would appreciate a 'yes' vote and be able to open… be available right now to answer any questions."
"Representative Reick."
"Thank you, Mr. Speaker. I would like to move this to Unlimited Debate, please."
"We will move this to Standard Debate, Mr. Reick."
"Thank you. Representative McSweeney, you say that you have spoken with township officials and county officials about this Bill. Can you name some of them? Can you tell me who you've spoken to?"
"Absolutely. In fact, I have spoken with Chairman Franks. I have communicated with the four county board members who live in my district. And I have heard from most township officials in the district. I have spoke with the township officials in my district, actually, who were here yesterday. I spoke with the President of Township Officials of Illinois yesterday, who I actually met with, a very nice gentleman who actually opposes the Bill. And his concern is that the Bill would be applied statewide. And let me repeat, this Bill will not be applied statewide. There is… I'm not…"
"Members, it's hard for folks to hear in the chamber. Could you keep your conversations down?"
"This Bill would only apply to McHenry County. So…"
"Representative… Representative McSweeney, I have a letter from the McHenry County Township Supervisor Association, dated March 29, where it specifically states for the record, 'Let it be understood, the below supervisors of their 10100037.docx 53 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 respective townships have not been contacted by Representative Yingling or McSweeney or any of their staff by any means of communications regarding this Bill.' Which is it?"
"What it is, is the Township Officials of Illinois represent those groups. We only…"
"The Township Officials of Illinois represent…"
"…if you let me… if you let me finish, Sir, I'm answering the question. We negotiated with them. We made changes to the Bill. I met with… yesterday with the President of the Township Officials of Illinois. I've spoken with multiple people on this Bill and I understand that the township officials of McHenry County are opposed to this Bill. There's no ifs, ands, or buts about it. This Bill's been discussed… I've spoke with hundreds of people over the last year and a half. This is not a new Bill, so I just want to make that clear that there have been a number of discussions. There was an Amendment. Senator Wilcox is supportive of this Bill. I appreciate…"
"Representative McSweeney, you're filibustering. May I ask a question, please?"
"Absolutely."
"Again, I had my township officials down here yesterday and they said they have not spoken to you at all. If you've spoken to the Township Officials of Illinois, you have not spoken to the people. You said you would talk to, when the brick was put on this Bill in committee, that you would talk to the affected stakeholders in McHenry County. That is not the Township Officials of Illinois. That is the actual 10100037.docx 54 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 township commissioners, road commissioners, and county board members. Can you tell me whether you have spoken to any of those people, not just the Township Officials of Illinois?"
"Yes, I have. In fact, yesterday when we were outside in the rotunda, I spoke to a number of people who actually oppose… I'm just making clear, Representative Reick, they oppose this Bill. They have been on record as opposing this Bill, and I understand that. And I think the concern is, as you know, for the Township Officials of Illinois, specifically, is that I would apply this statewide. This has nothing to do with… this is McHenry County. It has a small provision for Lake County. So, that is not my intent. I am sponsoring no Bill to make this statewide. So, the answer your question, I've spoken with hundreds of people the last year and a half. And we actually agreed trim Yingling's Amendment that was based on the discussions with a number of stakeholders."
"Representative McSweeney, I have a Resolution of the McHenry County Board dated February 19, 2019. I understand that there have been some Amendments to the Bill that actually address some of their concerns and that's all to the good. But this Resolution is still in place. This Resolution is still a Resolution of the county board because it has not been rescinded and it says in part, 'Now, therefore, be it resolved by this County Board of McHenry County Illinois, that we do hereby oppose passage of HB348 as written… as written.' But it has not been approved, so I would assume that this Resolution is in place in spite of the Amendments. 'Second of all, be it further resolved that McHenry County 10100037.docx 55 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 Board encourages the State Senators and Representatives to reject passage of this Bill.'"
"So, if you let me respond, it was a question. Is we obviously did Amendment that addresses issues. I supported Chairman's Yingling's Amendment. Chairman Franks is strongly in support. Anybody can check with him, and we addressed those issues. I've also communicated with the board… members of the board who are actually in my area. So, with that, I understand there still could be some opposition but we addressed those issues."
"To the Bill. The first thing I learned in this Body when I was here is that you always tell the truth to your colleagues. You always tell the truth. In committee, when Representative McSweeney testified about this Bill, he was specifically told that this Bill would be held on Second Reading until he spoke to the officials affected by this Bill, i.e., the county board whom he has not spoken to, and the township officials whom he has not spoken to. The Township Officials of Illinois are against this Bill. The McHenry County Council of Governments, which represents various governments within Illinois… within McHenry County, do not represent the townships, nor do they represent the county board. Those are discussions that Representative McSweeney was obliged to have with his… with these respective board members and township officials. And by everything that I've been told, up to and including yesterday, those conversations did not take place. Therefore, the demand that the Counties & Townships Committee made at the time for Representative McSweeney to talk to affected stakeholders has not been 10100037.docx 56 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 fulfilled. Therefore, this Bill is being brought to this floor on false pretenses. I respectfully ask for you to reject it on just that basis. But the fact remains is that this Bill is supposed to go into effect 90 days after passage, after the referendum is put… it passes. The petition requirements for this Bill, for this referendum, are extremely lax. There are 250 people who combined over a hundred thousand people in Algonquin Township on a referendum, when, in fact, the Township Code and the state statute clearly provides for the elimination of townships using standard practice. This is a Bill specific to McHenry County. It is not about the consolidation of government. It is not about better government. It is about the consolidation of power under one person. And this Bill, if it is allowed to pass, will poison the well for every other county in this state that relies upon township government as has the means by which we get our roads plowed, our homes accessed, and our… and public… and general assistance given to the most needy. The one thing that's not being spoken about too much in this is the fact that township assessors are the last… are the people who actually know how much your house is worth. If this Bill passes, the township assessor in McHenry County… the township assessors in McHenry County will be no more. We will end up having a state or a county assessment… a county assessment program that does not know the vagrance… the vagaries and the nuances of local communities and how these Bills… how these houses and buildings are to be assessed. This is a disaster for McHenry County. It will not save money. It is merely a means by which one Legislator wants to give another county… 10100037.docx 57 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 a former Legislator more power. It's almost as if Representative McSweeney dumped sand in his own crankcase and is now asking the insurance company to buy him a new car. That's how this… that's how this is going down. This has been a contentious issue in McHenry County. I really urge, please, reconsider if you're going to… thinking of voting 'yes' on this Bill, because this Bill was brought to you under false pretenses and it applies to one county that does not need this type of thing. So, please, I urge you, vote 'no'. Thank you."
"Representative Thapedi, do rise in support of opposition?"
"In support, Mr. Speaker."
"Please proceed."
"Mr. McSweeney, I think you heard some very serious allegations there. Would you mind clarifying what you heard?"
"Absolutely, Representative. Chairman Yingling is a man of his word. We honored what was asked to do. We negotiated with the Township Officials of Illinois. We addressed the issues of McHenry County Board. Chairman Franks, who is the chairman of that board, who I have respect for, was very involved in those discussions. So we fulfilled our words. In fact, Chairman Yingling filed the Amendment and he's chairman of the committee. So we kept our word and this is just an opportunity. The voters would have to approve of any consolidation to occur. None of this happens automatically as far as McHenry County consolidation is concerned. It's only for the road districts up in my county." 10100037.docx 58 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"And if I'm understanding the Bill correctly that the Bill essentially lays out a process."
"Exactly."
"Correct? That it's not anything that's going to happen automatically upon the passage in this chamber or the passage in the chamber across the hall… rotunda or by signature of the Governor. It just lays out a process. Is that correct?"
"That's correct. For McHenry County that's correct."
"I urge an 'aye' vote."
"Representative Carroll, do you rise in support or opposition?"
"I rise in support."
"Please proceed."
"Will the Sponsor yield?"
"He indicates he'll yield."
"Representative McSweeney, last year, did this same Bill come to the House?"
"It did and actually we amended this Bill to address the opponents concerns. It passed the House twice and passed the Senate."
"Right. And the reason why this Bill is not a law is because?"
"Governor Rauner wanted to apply statewide. I want to see it work in McHenry County first and not apply it statewide. So that's what my commitment is to allow it to work here. And we don't have enough support to have it apply statewide."
"Thank you. To the Bill. I am really at a point now in a district like mine where property taxes are getting out of 10100037.docx 59 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 control. We have several bodies in my area that have their hands in my pocket asking for money. And as we go around this state and we talk about the way we're going to change taxing in this state, it has to start on a local level. I applaud Representative McSweeney for starting to ask the question about the roles of townships in, certainly, McHenry County. And it's something that I hope that other counties in my area start looking at, too. When we start talking about real government consolidation and real property tax relief, it starts with the roles of every governing body in our area. And all I know is that every year that I look at my local tax bill, I see there's more and more tentacles reaching into my pocket, taking my money out and costing me more money. So, I want us to start really looking at the roles of townships, the roles of every governing body in this state and asking are they necessary and leaving it up to the voters. So thank you, Representative McSweeney, for your efforts on this Bill. And I strongly encourage an 'aye' vote."
"Representative Kalish, are you in support or opposition? Opposition. Please proceed."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates he'll yield."
"Thank you. I did reach out to Chairman Franks and, you know, he is fully in support of this… of this legislation but I'm concerned by several things, most of which we heard from a colleague of yours. And for those of us who have townships… like I have Niles Township that I represent. Niles Township does a great job. We're really happy with the work Niles township does. They would be very concerned if I voted in 10100037.docx 60 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 favor of this Bill because of the possible impact it would have on them. So, I understand you're having challenges. So, the concern from Niles Township, plus what I've heard from your own colleague, has me at a 'no'. What would you say to try to convince someone like me to change my vote from a 'no' to a 'yes'? Because right now, you know, it seems like this is not something I would want to vote for."
"This Bill only applies to McHenry County as far as the provisions on consolidation. There's a Lake County provision on small districts, has no effect on Niles Township. As I said before to Representative Thapedi, we have completely kept our word. In fact, Chairman Yingling is the person who filed the Amendment and he's chairman of the committee. So what I…"
"I understand but do you have support from your colleagues?"
"We'll see in a few minutes. It'll be up on the board. I believe so."
"Thank you."
"Representative Ammons, do rise in support of opposition?"
"Opposition, Mr. Chair."
"Please proceed."
"Thank you. I rise in opposition to this position. Again, I rose in opposition to it in this previous iteration. And I just want to remind our colleagues of a couple of things that happen in this chamber. In many ways, we vote on things that may simply, or seem, to only apply to one area but it sets the precedent for all other areas. And I'll just give you an 10100037.docx 61 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 example of this. We voted, of course, the chairman of that particular county board passed a piece of legislation to allow for county executives in a more expansive way that give them executive power or veto power over a county board. Which is, in my estimation, undemocratic for the elected county board members. And at that time, they said it would only apply to McHenry County. Of course it has expanded to other counties for which one of them is Champaign County. And I'm still up in the air about the effectiveness of a county executive that can override an entire county board. In this request, which would only apply to one county, it does the exact same thing. And I'm going to quote my colleague here on the right that says it poisons the well. In many county and township areas, townships are critical to infrastructure in certain areas outside of the municipalities. It's also critical within the municipalities where it provides the last ditch effort aid to the poorest of the poor in our communities and people who would not qualify for other support services or able to get those services from their counties… from their township governments. And so, to set this precedent puts us on the road that many have been on for a very long time, which was stated in this chamber to get rid of township government because we're paying too many taxes to support those folk. I am in opposition to this because our roads in those areas that are not supported by our city governments are at stake. Our most poor and vulnerable populations that depend highly, highly depend on general aid services from our townships would be at stake. And I certainly do not want to poison the well for township government that are really doing a heroes' lift 10100037.docx 62 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 and job in our communities. And I urge our colleagues to vote 'no' on this measure and deal with this once and for all. I urge a 'no' vote."
"This Bill, being on the Order of Standard Debate, has had three in support and three in opposition. Representative McSweeney to close."
"I would appreciate a 'yes' vote."
"The question is, 'Shall House Bill 348 pass?' All those in favor vote 'aye'; opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. House Bill 348… with 62 voting 'yes', 33 voting 'no', and 5 voting 'present', House Bill 348, having received the Constitutional Majority, is hereby declared passed. Representative Kifowit, for what reason do you seek recognition?"
"Thank you, Mr. Speaker. Members of the gallery, it is my honor and privilege to welcome to the Speaker's Gallery and in the gallery proper, the Student Veterans of America. So these individuals served their country proudly. They're going to school. They're becoming just a pillar in our communities. And without them, we would be remiss without welcoming them to Springfield, honoring their service, and thanking them for all that they do. And thank you for your service."
"Representative Batinick."
"Thank you, Mr. Speaker. Point of personal privilege."
"Please state your point."
"I have a note here from the fine Representative Tom Bennett that he wanted to share with everybody. To my fellow 10100037.docx 63 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 State Representatives, I hope each of you found a card and a small package of Oreo cookies on your desk either yesterday or this morning from me. Thank you so very much for your prayers, cards, flowers, personal visits, fruit baskets, and phone calls of encouragement and support. It is so very kind. My wife and I are finding out that multiple broken ribs take major adjustment. I'm healing and getting better. Most of my bruises are gone. I do walk a little bit every day and appreciate a chance to see everyone on my laptop. You look and sound great online. Thank you, again. Miss everybody. Hope to see you soon. Sincerely, with love, State Representative Tom Bennett."
"So, Representative Bennett, if you're watching and listening today, you know, all of us are wishing you a very speedy recovery. We want you back here to deliver some more Oreos in person very, very soon. Representative Bryant, for what reason do you seek recognition?"
"Thank you, Mr. Speaker. Point of personal privilege."
"Please proceed."
"Thank you very much. To my left, right behind us here in the gallery, are a large group of young women. They are female students from Southern Illinois University-Carbondale. These ladies were selected to participate in the Women's Civic Institute. It's a program designed to promote personal development, enhance civic involvement, and promote understanding of democratic leadership principles. The Center for Service-Learning and Volunteers at SIU developed the Women's Civic Institute during the fall of 2012 semester and that… for the program and it opened to undergraduate and 10100037.docx 64 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 graduate students, and that started in that spring. Each year, the center selects WCI participants on the basis of applications and interviews to participate in a semester long experience that includes a variety of opportunities to learn and grow. The students will participate in workshops, discussion panels, community service projects, and networking events where they will connect with female leaders from campus and beyond. Today, they're visiting Springfield where they hope to meet with women Legislators, directors, and lobbyists and learn of the challenges and rewards involved in developing and implementing public policy. Representative Mary Flowers and I were scheduled to speak to them a little bit earlier this morning but I'm kind of glad to see them here, seeing that sometimes we can't be pulled away because we're working so hard on the House Floor. So if you would, please, join me in welcoming these lovely ladies to Springfield today and right here in the House gallery."
"Welcome to Springfield, ladies. Representative Walker, for what reason do you seek recognition? Please proceed."
"Yeah, in the gallery on the Republican side are the eighth graders from St. Emily Parish School in my district. I want to thank them all for coming and wish them well. Please welcome them to Springfield."
"On page 26 of the Calendar appears House Bill 3604, Representative Tarver. Clerk, please read the Bill."
"House Bill 3604, a Bill for an Act concerning liquor. Third Reading of this House Bill."
"Representative Tarver." 10100037.docx 65 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"Thank you, Mr. Speaker. This is a Bill that allows… it amends the Liquor Control Act and allows for a university in my district to develop a hotel and be able to serve alcohol. It's relatively straightforward. I ask for an 'aye' vote."
"Is there any discussion? Representative Halpin, do you wish to speak on this Bill?"
"No."
"Representative Ford, do you wish to speak on this Bill? There being no discussion, the question is, 'Shall House Bill 3604 pass?' All those in favor vote 'aye'; those 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 record. On a vote of 95 voting 'yes', 14 voting 'no'… I’m sorry… it's 14 voting 'no' and 0 voting 'present', House Bill 3604, having received the Constitutional Majority, is hereby declared passed. On page 22 of the Calendar appears House Bill 2233, Representative Thapedi. Out of the record. On page 25 of the Calendar, appears House Bill 3360, Representative Turner. Mr. Clerk, please read the Bill."
"House Bill 3360, a Bill for an Act concerning civil law. Third Reading of this House Bill."
"Representative Turner."
"Thank you, Mr. Speaker, Members of the committee. I'm here with House Bill 3360 and it extends the fee program for the Foreclosure Prevention Program Graduated Fund in the Abandoned Residential Property Municipal Relief Fund to 2023. Requires that the plaintiffs file a verified complaint stating which fee is due and provides that the section is 10100037.docx 66 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 inoperative on January 1, 2023. This is a three year extension. I ask for your support."
Speaker Harris: "Is there any discussion? Representative Batinick."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates he'll yield."
"Representative, you have several opponents. You've got Community Bankers, Credit Union League, Illinois Bankers. What was the nature of their opposition?"
"They're always opposed to this measure. We've done an extension a couple of times now. They just don't like the banks paying the fees."
"Right. And this had to deal with the foreclosure crisis back about a decade ago, right?"
"Since 2008 and that we're still dealing with until this day."
"Okay. My understanding was there was an Amendment that would've made them neutral. What was the nature of that Amendment?"
"There was an Amendment that was discussed but not adopted. When I came to my Members and discussed the Amendment with them, they were not supportive of it so we did not adopt the Amendment."
"Right. I guess I'm… so you're saying we're still dealing with the mortgage foreclosure crisis that we've been dealing with for the last 10 years and you want to just extend the sunset date, correct?"
"Absolutely."
"You think that same crisis is still going on?" 10100037.docx 67 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"Representative Batinick, I would love to bring you through my district and show you the problem and how it exists and all of the abandoned homes and the foreclosure crisis that we are still dealing with until this day."
"What's the cost of the program?"
"The program generates, I believe, about $15 million a year."
"Fifteen million dollars. Okay. All right…"
"It's kind of evidence that it's a very real problem still."
"Yeah, I understand that. I'm just wondering if it's a real problem statewide and if there's a way to tailor the Bill a little bit more specific and…"
"Oh, it absolutely is… a problem statewide on both ends of the aisle. This is something that we should all really be supportive of. We are dealing with abandoned properties and foreclosures across the entire state."
"Okay. And once again, why… what did you not like about the Amendment? Why was it not adopted?"
"The Amendment was not adopted because the… the response that I got from my Caucus was that this is still a very real problem. The fees need to stay intact and that we need to move forward with the three year extension of the program. The program goes to use… we're developing capacity building operational expenses, pre and post purchase counseling, financial literacy counseling, foreclosure counseling, and education and staffer counseling training for people who are dealing with this crisis. As well as maintenance and 10100037.docx 68 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 demolition of abandoned properties in neighborhoods so that they don't contribute to the blightness."
"Were all those things that you just spoke about removed with the Amendment?"
"No, Sir, they're not. They're still done under the Foreclosure Prevention Program Graduated Fund and the Abandoned Residential Property Municipal Relief Fund. That's how the money is actually used."
"Right. What I'm saying is, is you didn't like the Amendment 'cause you wanted to go with the original Bill. What was… what's in the original Bill that would've been changed in the Amendment that made the Amendment not tolerable to your Caucus?"
"Representative, respectfully, we didn't adopt the Amendment so why are we talking about the Amendment?"
"I'm just wondering what the difference was in terms of making all those opponents neutral?"
"The discussion around the Amendment was around fees but we didn't adopt the Amendment. We're moving forward with the language that was originally introduced in the Bill."
"So, did the Amendment lower the fees, raise the fees, what did the Amendment do?"
"The Amendment would've lowered the fees."
"Okay. I understand. Thank you for the answers to the questions."
Speaker Harris: "Seeing no further questions… no further questions, the… I'm sorry, Representative Turner to close."
"I'd ask for your 'aye' vote. Thank you." 10100037.docx 69 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"Now, seeing no further discussion, the question is, 'Shall House Bill 3360 pass?' All those in favor say 'aye'; opposed say… all those in favor vote 'aye'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. With a vote of 68 voting 'yes', 44 voting 'no', and 0 voting 'present', House Bill 3360, having received a Constitutional Majority, is hereby declared passed. On page 25 of the Calendar appears House Bill 3405, Representative Villa. Out of the record. On page 21 of the Calendar is House Bill 1653, Representative Villanueva. Representative Villanueva. Out of the record. On page 21 of the Calendar is House Bill 2084, Representative Welch. Mr. Clerk, please read the Bill."
"House Bill 2084, a Bill for an Act concerning education. Third Reading of this House Bill."
"Representative Welch."
"Thank you, Mr. Speaker. House Bill 2084 is a Bill that I've been working on for several years now. It's the exact same Bill that passed this chamber and the Senate last year and was put on Governor Rauner's desk and vetoed. This Bill is very important because in a world where we have way too much school violence that can be prevented, this Bill would invest in schools in some commonsense strategies that would address the root causes of students' behavioral issues. As the Bill is now, it is still subject to appropriations and local districts can apply the dollars as they wish with regard to several different types of wrap-around services. This Bill would create a grant program for school districts that can 10100037.docx 70 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 create or expand restorative justice programs, hire school psychologists, social workers and other mental and behavioral health specialists, provide drug and alcohol treatment, wrap- around services, training for school staff, and so many other important things that are needed in our schools now. We need services, not metal detectors. We need services, not more police officers. But this grant would allow school districts to apply this money as they see fit with regard to these services. It does not prohibit them from continued use of law enforcement officers. This Bill has no opposition that I'm aware of and I would ask for your strong support to House Bill 2084."
Speaker Harris: "Is there any discussion? Representative McCombie."
"Thank you. Just to the Bill. I just want to say thank you to Representative Welch for continuing to work on this Bill several different times over the last… this GA and last GA and I just wanted to say thank you. I'm supporting the Bill."
"Seeing no further discussion, the question is, 'Shall House Bill 2084 pass?' All those in favor vote 'aye'; those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mazzochi, McDermed, Reick. Mr. Clerk, please take the record. With a vote of 107 voting 'yes', 2 voting 'no', 0 voting 'present', House Bill 2084, having received the Constitutional Majority, is hereby declared passed. On page 22 of the Calendar appears House Bill 2258, Representative Welter. Out of the record. On page 21 of the Calendar appears 10100037.docx 71 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 House Bill 2135, Representative Wheeler. Mr. Clerk, please read the Bill."
"House Bill 2135, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"Representative Wheeler."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the Body, House Bill 2135 simply removes the statute of limitations on sexual assault in the State of Illinois. This is a Bill whose time has come. I want to say thank you to the many House cosponsors from all over the political spectrum and every corner of the state that have joined me in supporting this important measure. More than that, I want to personally and publicly thank Maryanne Brosco, a constituent of mine who brought this to my attention. I want to thank her for her courage and her inspiration. I also want to thank the many women who reached out to me to share their story, like Hope Coffman, and ask how they can help move this forward. Today, we are joined in the gallery on the Democratic side by some passionate supporters from mutual ground from the City of Aurora who are here today to advocate for victims of sexual assault. And I appreciate them being here, and I say thank you for your attendance today. I want to thank all the many brave women who came forward and helped on this Bill. Regarding the Bill itself, with continuing advances in technology, it's time to join the more than 20 states that have removed the time limit for prosecutors to charge these crimes. The statute of limitations is already been removed for sexual assault and abuse crimes for victims under the age 10100037.docx 72 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 of 18. Let's extend that opportunity to every victim of sexual assault in Illinois. Please vote 'aye'."
"Seeing no further discussion, the question is, 'Shall House Bill 2135 pass?' All those in favor vote 'aye'; those opposed vote 'nay'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative McDermed. Mr. Clerk, please take the record. With a vote of 113 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 2135, having received the Constitutional Majority, is hereby declared passed. On page 21 of the Calendar appears House Bill 2134, Representative Williams. Mr. Clerk, please read the Bill."
"House Bill 2134, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"If Mr. Andrade is ready… ready, Representative Williams. Representative Williams is recognized."
"Actually, you can turn it off. It's not for a different Bill but… all right. This Bill is an initiative of the ACLU and it simply adds to the location tracking surveillance a warrant requirement historical cell phone data rather than proactive data as we had passed in the Bill about two years ago. So after the Supreme Court ruled that individuals have a privacy right in their historical cell phone data, we decided we would amend the Bill that we originally provided for a warrant for those sorts of location tracking. And that Bill simply… this Bill simply comports with the warrant requirement in the Carpenter decision."
"Is there any discussion? Seeing none, the question is, 'Shall House Bill 2134 pass?' All those in favor 10100037.docx 73 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 vote 'yes'; all those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Yingling. Mr. Clerk, please take the record. On a vote of 113 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 2134, having received the Constitutional Majority, is hereby declared passed. House Bill 105, Representative Willis. Mr. Clerk, please read the Bill."
"House Bill 105, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Representative Willis."
"Thank you, Mr. Speaker. This is a cleanup initiative of the Fire Marshal Office. It's basically cleaning up the Fire Investigative Act. It does a couple of things. Very briefly, it eliminates the criminal penalty targeting fire officials that conduct fire investigations; it clarifies the Fire Investigative Act that does not preempt Home Rule units; it adds definitions to the Act making them conforming changes; and it provides that the State Fire Marshal may identify hazardous conditions before ordering the removal. There is no opposition to it. It basically codifies and clarifies what is already practice."
Speaker Harris: "Is there any discussion? Representative Batinick."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Of course."
"She indicates she'll yield."
"Leader, there was a little bit of opposition on our analysis, the Southwestern Illinois Employees Association. And then, it went out 7-5 in committee. Do you know what the 10100037.docx 74 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 reason for that was? And I think I'm hearing it might be because it was a shell Bill. Was that…"
"I believe it was because it was a shell Bill. We adopted the Amendment on the floor, either the beginning of this week or the end of last week, which put in all the content."
"Got it. Okay, thank you."
"Seeing no further discussion, the question is, 'Shall House Bill 105 pass?' All those in favor vote 'aye'; those opposed vote 'nay'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Walsh. Mr. Clerk, please take the record. On a vote of 112 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 105, having received a Constitutional Majority, is hereby declared passed. On page 24 of the Calendar appears House Bill 2823, Representative Zalewski. Mr. Clerk, please read the Bill."
"House Bill 2823, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Mr. Zalewski."
"Thank you. Mr. Speaker, this extends a line of credit bonding authority for the RTA. I ask for an 'aye' vote."
"There any discussion? Mr. Batinick. Mr. Batinick is recognized. Yes."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates he'll yield."
"So, we are raising the… well, let me start with this. Give me a little bit… I think you gave me about six words, which I tried to do once and it didn't fly. Can you give me a little longer explanation of the Bill? It looks like we're 10100037.docx 75 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 increasing RTA's bonding authority from 100 million to 400 million?"
"No, they have that authority, Representative. We are extending that authority."
"If the bonds default, do the… does the state… is the state on the hook for that?"
"We have language which effectively says that if there were a default the state would be able to intercept whatever the RTA's shortfall would've been."
"Okay. So, in our analysis that we have, and I'm looking at it quickly here, we have the 100 and the 400 million. What was the… what was the 100 million in reference to… that are over and above an addition to the 100 million authorization?"
"I think… the current authority is $400 million. There may at one point in history have been a $100 million line, but at some point prior, this Body authorized 400 million. We are extending that authority of 400 million."
"So, was there a sunset date then in this?"
"This is what we're doing. We're extending that out."
"Okay, to 2022?"
"Right."
"I'm reading about concerns that the Treasurer will have the authority to purchase bonds in or at risk of default and it prioritizes debt payments over the other use of financial resources. Okay. So they're going to inter… we're adding the intercept, essentially?"
"The intercept was in there. We're extending that as well."
"So, this is just a clean extension?" 10100037.docx 76 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"Oh, no. We are adding the intercept. I'm sorry."
"We're adding the intercept. Okay. That's what I thought. Okay."
"There was some back and forth on the Amendment so I got confused."
"So, we're adding the intercept. My guess is that we're adding the intercept for the purpose of the RTA maybe getting a little bit better deal on their bonds?"
"Well, we… I think the RTA is under the idea that if they were not meeting their obligations in default that the state would like to have a word with the RTA by virtue of the clawback."
"Okay. So, have… I'm just being told that the RTA's going to be bailed out in case of this default. You're saying they're going to be intercepted? In essence…"
"We're a… this was a huge point of contention about the state's role in backing up these bonds at a point prior in this Body. I'm told that this language prevents that concern from occurring. We have a clawback provision that says if there were ever a default, the state would get back the amount to which they exposed themselves on the RTA's bonding authority."
"Do you know where the language came from?"
"Which language?"
"About the default, what you just said."
"We… it's our Caucus position."
"It's your Caucus position. Okay. Okay. I have concerns with this Bill. I think if we had a little bit… if it weren't on Short Debate, we'd probably have some follow-up questions. 10100037.docx 77 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 I don't know if you're going to see a lot of green on our side…"
"Awe, that breaks my heart, Representative."
"I'm not sure you need it, Sir. So, it shouldn't break it too much. Thanks for answering my questions."
"Seeing no further discussion, the question is, 'Shall House Bill 2823 pass?' All those in favor vote 'aye'; those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Kifowit, Mah, Robinson, Thapedi. The Sponsor… this Bill having received… Mr. Clerk, take the record. The Sponsor requests Postponed Consideration. And returning to page 23 of the Calendar, House Bill 2460, Representative Davis. Representative Davis. All right, read the Bill."
"House Bill 2460 was read a second time on a previous day. Floor Amendment 1 was adopted previously. Floor Amendment #2 is offered by Representative Davis and has been approved for consideration."
"Representative Davis."
"Thank you, Mr. Speaker, Members of the House. So, I need to correct something I did earlier. So, I got the Amendments backwards. So, the one Amendment that we adopted as #1 is actually Amendment #2. So if I may, with permission from the other side, read what would've been #1 as #2, for lack of a better way of putting it. Okay. So, the Amendment that we did not adopt makes a few changes that were talked about during testimony. So one, it clarifies that the sustainability factors are one component of investment evaluation and can be coupled with others at the discretion of the investment 10100037.docx 78 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 manager. Two, it specifies that the Sustainable Investing Act shall not apply to bank time deposits or bank processing services. And three, makes explicit that sustainability factors will be considered by the pension boards within the bounds of financial and fiduciary prudence in evaluating investment decisions. So again, that's the other Amendment that did not get adopted. So again, I got them a little confused. I ask for adoption of the Amendment."
"Representative Davis has moved for the adoption of Floor Amendment #2. Seeing no discussion, all those in favor say 'aye'; those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #2 is adopted. Any further, Mr. Clerk?"
"No further Amendments. No Motions are filed."
"Third Reading. Please read the Bill."
"House Bill 2460, a Bill for an Act concerning finance. Third Reading of this House Bill."
"Mr. Davis."
"Thank you very much, Mr. Chair. So, having said all of that, essentially what House Bill 2460 attempts to do in its entirety is to require all managers of public funds to integrate material relevant and decision useful sustainability factors which minimize risks and maximize long term financial returns into their investment decision making process. This practice will optimize risk adjusted investment returns when coupled with other, more traditional, financial indicators. It codifies a best practice from the financial industry and positions Illinois state and local governments to be on their best financial footing. This is an initiative 10100037.docx 79 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 of the State Treasurer's Office. And I'll be more than happy to answer any questions."
"Any discussion? Representative Batinick."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor indicates he'll yield."
"Representative, wow this Treasurer is very active. I've heard more from the Treasurer than I have from the Governor. Speaking of which, have you talked to the Governor's Office about this particular Bill?"
"Have I talked to the Governor's Office? I…"
"No, the Governor has not weighed in on this Bill? There's quite a bit of opposition. Can you tell me the nature of their opposition? Illinois Chamber, IMA, Bankers, IML?"
"Well, what I've… what I've tried to explain to either of the groups is that while we're asking about requiring this, again, we want them to make the best financial decisions and best long term financial decisions. So, I think their opposition is they feel like we're trying to tell them how to invest or what to invest in. Which is, I guess, in part true because we're saying, yes, we want you to invest, but we're saying in your investment decision making process, you should consider what we are defining as sustainability factors. We would not want those dollars to be invested in things, if I can call it that, or in businesses or companies or what have you that don't show that they have long term viability. And so, we're just saying, while you are making those decisions, that in the decision making process that you consider, again, what we define as sustainability factors to make sure that you are making good, prudent financial decisions that have 10100037.docx 80 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 long-term, not just short-term, but long-term returns on those investments."
"So, I'm reading… our fiscal impact says, potentially massive, negative fiscal impact on public agencies, public funds, and the pension systems due to investment policies that take into consideration social and personal politics over best yield investments. Which is the…"
"Well see, you called it social politics. We're not trying to be political in this, you know, industry best practices. We're… again, I think the opposition, particularly of IML, maybe even the other organization that you mentioned, I think they just have some philosophical opposition because we're, again, suggesting factors to include with regard to investing your dollars. So we're still not telling you where to put them, that you have to do it over here, that you can't do it over there, that you can't do it over there. But again, we're suggesting that as you are making these decisions that you use best practices and, you know, that you think about long- term of viability. Maybe in some case we're saying, you know, try to avoid risky investments, you know, and think about long-term sustainable investments. So again, I think their opposition is just philosophical in that respect, with regard to us saying that you have to look at these kinds of factors. But again, we're not telling them where they can or cannot invest their money."
"Is there any prohibition from any of these agencies doing this now? What stops them from doing this now?" 10100037.docx 81 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"No. No prohibition from them doing it. We don't know if they take these things into consideration, but there's no prohibition."
"So I guess if there's no prohibition and there's… and it's permissive, what's the purpose of the Bill?"
"Guidelines for their investing."
"My concern about… there tends to be a… and by the way, your partner there is helping you out as much as Jordan helps me out over here, too. So, that was pretty good. My issue with the guidelines is, is guidelines, it seems a little bit less permissive, right? This is what we want you to do. When I read about, you know, potential massive fiscal impact on pension systems. One of the things that we talk about on our side quite extensively, and I know I talk about, is if we don't start dealing with our pension issue, for example, or any of these debt and budget and investment issues, that's why we don't have the money to invest in things like, whether it be All Kids or more education funding or university funding or lowering intuition, we have…"
"Well…"
"We put ourselves in the position where our guidelines with very little restriction should be, we need to get the best return on our money, especially, our investment. I know there's… we don't want… we, as a Body, sometimes decides, specifically ourselves, which specific organizations that we do not want to invest in. But when you add guidelines that are going to be interpreted by different agencies, different ways, I don't know if that's best practices for the return on our dollar. Which, unfortunately, we're in a situation where 10100037.docx 82 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 we need to make sure that our dollars get the greatest return."
"But… but I think that speaks to what you just said about the idea that we're maybe trying to guide, that they could do this on their own. I would like to think that even in the consideration without this Bill that you would want them to be thinking about these kinds of things and about these kinds of guidelines. I mean, I would like to think that your side definitely argues for good investments, long-term investments, sustainable investments, all of those things that we want. And again, we're not telling them where specifically they have to invest but they consider these kinds of things in their thought process to make those investments."
"Those are all fair points I feel like we're putting…"
"And it's…"
"…we're putting training wheels on the bicycle and the bike's going to limited on how fast you can go. I mean…"
"Not necessarily. You ought to… before my daughter got too big, you should've saw her ride her bike on training wheels. So, training wheels don't necessarily slow you down, but they help you."
"All right."
"They provide guidelines for you just to make sure that you don't fall off the rails a little bit."
"Right. I…"
"So again, and this is best practices with regard to hedge funds I'm being told, as well, that they want to make sure that these things are taken into consideration. So…" 10100037.docx 83 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"I'm going to venture to say that you and I can talk about this to the point where if we're on verifications, someone from Lincoln can turn around and make it for that verification. So, I'm not going to continue this. I'm just going to go to the Bill. I think there's just a fundamental difference. And it's fine. And I understand where he's coming… where the Sponsor's coming from, but I think anything that we are doing right now in terms of our investment money at the local level, 'cause this effects everybody… I know the county treasurers are against it. There's a whole bunch of groups that are against it. We need to make sure we're getting the best return on our dollars because the fiscal situation that our state is in and that's where we should be. That's why I urge a 'no' vote. Thank you."
"Representative Davis to close."
"Thank you. So, the Gentleman just said there are a whole bunch of groups in opposition. Well unfortunately, Representative, those whole bunch of groups that you're talking about didn't bother to come see me. A couple of them did and we understand their opposition to it and we discussed that on the very front end of our conversation. So, it bothers me when you've got groups and your phrase was, 'a whole bunch of other groups', when they don't even bother to talk to the Bill Sponsor. They didn't even bother to come see me to say, hey… or even bring language. Because I think this is one of those conversations where had they brought some language, at least given us something to consider, you know, we would've taken it into consideration. Again, the idea of this is not to be onerous in any kind of way. It doesn't specify directly 10100037.docx 84 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 where you can or cannot invest your dollars but it just simply says in your decision making process, that you have to consider some factors. So, it's transparency. It's making good decisions. We've heard that it's industry practices and that the places and the organizations that like to invest in money are also taking these things into consideration. So for our purposes, we're just making sure that for those investment managers, that they are making good decisions with the resources and considering these kinds of factors, so they can look at the long-term, over-time, like 30 years out, to make sure that their monies are being used appropriately, are put in good places, and that they'll have long-term sustainability and long-term financial return as a result. So, that being said, I'll stop. Thank you. Hopefully, you'll vote 'yes'."
"The question is, 'Shall House Bill 2460 pass?' All those in favor vote 'aye'; those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Scherer. Mr. Clerk, please take the record. With 66 voting 'yes', 46 voting 'no', 0 voting 'present', House Bill 2460, having achieved the Constitutional Majority, is hereby declared passed. On page… page 21 of the Calendar is House Bill 1653, Representative Villanueva. Mr. Clerk, please read the Bill."
"House Bill 1653, a Bill for an Act concerning finance. Third Reading of this House Bill."
"Representative Villanueva."
"Thank you, Mr. Speaker. HB1653 cracks down on businesses that have repeatedly and willfully engaged in wage 10100037.docx 85 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 theft by barring them from doing business with the state and increasing penalties for individuals committing wage theft. This proposal will help working families by ensuring that any business that is willfully withholding wages in held accountable. Additionally, there is a provision that accept… exempts vendors and contracts that provide special programs like SNAP, or WIC, or Medicaid benefits in order to prevent people from not receiving those services. With that said, I ask for an 'aye' vote."
Speaker Harris: "Is there any discussion? Representative Wheeler."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she will yield."
"Hello. I want to go through this with you real quick here."
"Sure."
"Can you tell me why you brought this Bill forward? Is there a group that brought that to you?"
"This was actually a conversation that I've had with Representative Hernandez, 'cause this is very similar to another Bill that was introduced last Session."
"So, what we're doing here, if I read this correctly, and we discussed this a little bit in committee, was that… Mr. Speaker, can we move this off of Short Debate to Standard Debate, please?"
"Seeing a requisite number of hands, we'll move this to Standard Debate."
"I thank you. Representative, the… you're increasing the penalties, right?" 10100037.docx 86 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"Yes."
"You're enhancing the penalties on these particular situations here?"
"Correct."
"Just making sure that that's clear. We seem to do that in some areas and not others. The issue I brought up yesterday when we were discussing a Bill that had other implications along these lines…"
"Yes."
"…was that the Department of Labor doesn't always respond quickly in some of these investigative situations. Are you aware of that?"
"Yes."
"So, is there anything in this Bill that would accelerate that process so that these situations can be cleared more quickly and…"
"So, this is actually for the bad actors. These are for the individuals that are… have been found guilty already of having commit wage theft. So, these are not for the allegations. This is not for the investigation. These are for individuals that have actually been found guilty."
"Okay, but I'm trying to figure out how we get to that 'found guilty' part if the investigation is never finished, how do we get there?"
"If you have a… I mean, if you want to talk about it and come up with something that has bipartisan support for next Session, I think we can talk about that, Representative."
"I think that's actually part of the budget. So, it's something we should make an effort to get right there because 10100037.docx 87 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 we've had many Bills come through recently that seem to target some group or another, enhance penalties like this one does, about these bad actors that never seem to go away. Well, if you never ever actually investigate the crimes that we're referring to regularly, then I think we're going to put ourselves in a position where we never get there. And that's my concern is as been many times before."
"Oh, I don't disagree with you, Representative."
"So… and I guess that's why I like to pull back on some of these situations where we're just enhancing the penalties to make it like a bigger stick, but at the same time, we don't do anything to make the system run more smoothly. This… there's a component in this Bill that also, if I read it right, says that it would bar companies from doing business with the state after they're found guilty of this. Is that correct?"
"Yes, for five years."
"Okay. So, let's… yeah, let's… so our point is, and it has been before, and I think both you and Representative Hernandez, who's had this Bill in the past, and your staff have heard me say this before, I wish we could work on the underlying part of this first, get that corrected, and then come back and say maybe we need to look at these penalties if they're not being looked at. So with that, I'll urge the… everybody to vote 'no' on this until we actually address the underlying part of the problem here and how we identify what wage theft is and how we prosecute the bad guys in the first place. And I appreciate looking… I look forward to talking to with you both in the future. Thank you." 10100037.docx 88 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"I respectfully disagree with you, Representative, but I do look forward to having that conversation with you so that we can get the other part."
"Representative Davidsmeyer."
"Thank you, Mr. Speaker. Question of the Sponsor."
"Sponsor yields."
"So if, let's say, if a company makes a mistake on paying wages, what's the process?"
"Again, this is for the bad actors who have been found guilty…"
"That… my question is…"
"…and willfully engaging in wage theft. So, I think the example that you're bringing up is a mistake is a mistake and things happen. And again, there's a process through which people and through the Department of Labor goes and investigates these situations. These are for individuals who have been found guilty."
"There's…"
"Repeatedly and willfully found guilty of wage theft."
"So, repeatedly. So…"
"It's not just… yes."
"…so, this has to have happened… they have to have been convicted how many times before these penalties go into place?"
"That's discretionary but again, these are bad actors…"
"How do you…"
"…who have repeatedly and willfully committed wage theft." 10100037.docx 89 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"I understand. And I don't want to talk over you 'cause I'm not trying to be combative on this. I'm just trying clarify."
"Oh, and I'm just trying to clarify."
"Yeah. So, you know, my concern is, is the person… you know, this company does work for the State of Illinois, they come in, and their payroll person makes a mistake for, let's say… let's say, you know, they've been doing prevailing wage or whatever it is. They miscalculate prevailing wage. So…"
"I… so, Representative, I understand mistakes. Human errors happen. I mean, I'm always constantly misspelling words because the spellcheck doesn't work on my telephone. It happens. But what we're talking about is bad actors that have willfully and repeatedly engaged in wage theft. One thing is to make a mistake and have a new person that's coming in and learning the system and really trying to figure out what's going on. That's one thing. That's a mistake. Honestly, we understand and we get it. But these are individuals that have consistently, repeatedly, and willfully engaged in wage theft. And what we're trying to do, essentially, with this Bill, for the individuals and for those folks…"
"Mr. Speaker, to the Bill. To the Bill. And I'm not trying to cut you off but I'm not allowed to speak. You can do all this in your closing. My concern is the definition of willful. You know, we're talking about somebody who willfully does this. If… you know, sometimes prevailing wage rates change two or three times in one year and if a mistake is made, we want to make sure it's corrected. We want to make 10100037.docx 90 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 sure that the business has the opportunity. But sometimes, you have people who are investigating, they may be new and they may want to make a name for themselves and go after people. And so, willful is the… is the concern because there's no, like… you know, in government, issues have to be, and the way we create policies, they're fairly black and white. There's not a whole lot of gray in between. And there's a reason for that, and that's to limit some of the lawsuits. I want to get rid of people who do not pay their wages. I think everybody in here wants to get rid of people who do not pay their wages. I just want to ensure that we are not penalizing people who have made a mistake. And at the end of the day, if the person in payroll makes a mistake, if I'm the owner of the company, do I go to prison? Am I a felon? I… you know, I'm just really concerned about, kind of, these broad terms and the discretion that the individual can have when they're looking at these things. It's scary for somebody who's working in the State of Illinois. At this point, while I agree with what you're trying to do, I have to urge a 'no' vote on this particular Bill. Thank you."
"Representative Lisa Hernandez, do you stand in opposition or support?" Hernandez, L.: "Support."
"Please proceed." Hernandez, L.: "Would the Representative yield?"
"Says… she says she will yield." Hernandez, L.: "So, Representative, I heard you say that these are a group of individuals that have done this before."
"Yes." 10100037.docx 91 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 Hernandez, L.: "So, you're aiming at that pool of individuals who are consistently repeating these wage… wage theft incidents?"
"Yes." Hernandez, L.: "So in other words, people who are expected to get paid are not getting paid by their employers for work done. Would you say it falls in that… under that category?"
"That is correct." Hernandez, L.: "And these individuals that have repeated the so- called crime, what are we doing, are… so that they don't do this again?"
"What we're trying to do with this Bill is for those people, again, that have repeatedly and willfully engaged in wage theft, we are barring them from entering into contracts and doing business with the State of Illinois for five years. That doesn't mean for forever. People will have time to be able to get back up to good standing and be able to actually pay back those wages and deal with the issues and resolve those issues. But it is for five years that they are barred from the State of Illinois, or doing work with the State of Illinois." Hernandez, L.: "So, they're getting another chance?"
"Yes." Hernandez, L.: "But now it's going to be a stiffer way of bringing it to their attention to not do it again?"
"Yes." Hernandez, L.: "Thank you, Representative. I think this is a great Bill and I urge an 'aye' vote."
"Representative Wehrli, do you rise in support or opposition?" 10100037.docx 92 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"Opposition, Mr. Speaker."
"Please proceed."
"Thank you. Would the Sponsor yield?"
"She indicates she'll yield."
"Thank you. Can you define for me what willful means? How do you define that?"
"You know, again, somebody… in my personal opinion, of the definition of willful is someone that meaningfully engages in an action."
"Well, that's not what the law would go with, because let me give you an example. Let's say I'm a small business owner and I have a procedure in place that inadvertently constitutes wage theft and we have a multiple finding incident. So, this one employer has maybe seven employees that they didn't, not knowing, unwillfully, but yet, then they're found guilty multiple times of it and now all of a sudden they're a Class 4 felon?"
"Representative, you just answered your own question."
"How?"
"By actually explaining what unwillfully means."
"But they didn't…"
"This is not… that is not willingly. What you are explaining is exactly what I'm trying to talk about, is the fact that mistakes happen. And what we're talking about are individuals, bad news bears, who have been found guilty."
"But that's a nebulous…"
"I'm reiterating… again…"
"I'm sorry, that's nebulous." 10100037.docx 93 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"…but what you're describing is not what I'm describing, Sir."
"Well, under the law, they would be guilty of a Class 4 felony if they were found to have violated it seven times, eight times, under one instance. They would now go automatically to a Class 4 felony. Where in your legislation does it say that this has to be a multiple, a repeat offender?"
"Again, it's in the language where it's repeatedly and willfully."
"Can you give me a page?"
"It is the first page, it is line 11 and 12 of the statute. Committing a repeated or willful violation of the Illinois Wage Payment and Collection Act."
"Repeated or willful? So not… they're not mutually exclusive. To the Bill. There are some technical concerns that we have on this side of the aisle, more than technical to be honest with you. Philosophical, as well. For something that is willful that could lead to multiple violations that all of a sudden takes it from a mistake to a Class 4 felony is… it's more than harsh. So, I urge a 'no' vote on this Bill."
"Representative Mazzochi, do you rise in support or opposition?"
"I rise to, actually, just to ask some clarification questions."
Speaker Harris: "But you have to be either in support or opposition for…" 10100037.docx 94 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"Well, I guess… I can't decide if I'm going to be in support or not without being able to ask the question. So, if you're going to rule me out of order for that reason, I'm disappointed but…"
"You either have to rise in support or opposition, Representative. Those are the rules, so we'll go to the next person. Hopefully…"
"All right, fine. I'll rise in support and I'll ask clarifying questions. Why are you carving out SNAP providers?"
"We want to prevent… this was actually an Amendment that we worked with IRMA. We wanted to make sure that folks who are on SNAP, WIC, or Medicaid benefits don't lose any coverage or lose any type of access to those benefits."
"Well, but if a grocery store isn't paying their minimum wage, or they're not providing prevailing wage, or they're not living up to their contracts, why would we want to exclude them? Wouldn't we want to include them?"
"We're… what we're worried about is the interruption of federal dollars and making sure that people who are on these programs actually have access to service."
"Well, do those same loss of federal dollar risks also arise when it comes to construction contracts?"
"We're not talking about that at the moment. What we're talking about is SNAP, WIC, and Medicaid."
"No. My… maybe my question wasn't sufficiently clear. I understand your rationale for why you're trying to say, we don't… we're going to carve out, for example, SNAP because we're worried that if we don't, we're going to lose federal 10100037.docx 95 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 dollars. So my question then becomes, for the rest of the wage payment violations that are listed here, if any of these types of contracts could involve the use of federal dollars, such as in road, or transportation, or bridges, is that also going to place us at risk of losing federal dollars?"
"There… none of the opponents brought that up. There was time for folks to come and talk to me. IRMA reached out and wanted to have a conversation around this."
"Well, is the answer 'yes' or 'no'?"
"Again…"
"You don't know?"
"…no one brought that up."
"Well, I'm bringing it up. So, do you know one way or the other?"
"I will get back to you, Representative."
"Well… so are you going pull it until we can get an answer?"
"No."
"Well… so then, you're refusing to respond. Okay. One of the other things that got passed yesterday is we basically said that general contractors are now going to be completely liable for wage payments in connection with their subcontractors. So under this, could a general contractor become liable as a felony for the mistakes of his subcontractor when it comes to calculating prevailing wages?"
"Not in this Bill. And to be honest with you, Representative, I'm not going to engage in hypotheticals at this moment." 10100037.docx 96 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"Well, I'm trying to understand, what are the parameters of the law, and it seems… I would hope that, you know, you're going to… before you're going to bring a law here, you're going to make sure that you understand it. And that's my point, is that I'm trying to understand exactly what people are and aren't going to be able to do and what they are and aren't going to be liable for."
"Representative…"
"So, I guess the other question that I had is, you know, when it comes to what constitutes an event of, you know, of a problem. So, for example, you know, we're look… you pointed to that language, adjudicated guilty or liable in a judicial administrative proceeding of committing a repeated or willful violation. So, to get to the original point of the Bill, shouldn't that word 'or' be 'and', that it has to be a repeated and willful violation? Because…"
"No, Representative, because I think those are two separate things."
"Right. So then, when it gets back to this question of if you have one person who makes a mistake in a payroll calculation on the Illinois Prevailing Wage, will that qualify as a repeated violation? So, for example, if there were 10 employees, you made a mistake on a calculation, and that impacted 10 employees but it was one instance of miscalculation, is that a repeated or is it not?"
"That's not willful, Representative. And again…"
"No, I'm asking is it repeated."
"Again, I would suggest that those individuals look at their policies and really review those policies if they're 10100037.docx 97 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 having that problem. What you are describing is not willful. It's a mistake."
"No, I'm not… but we…"
"And if mistakes happen…"
"But we just…"
"…I would suggest that those actors look up their…"
"…but we just said the word… but you just said that repeat…"
"Again…"
"…that you're not doing it… construing it as 'repeated and'. So, if repeated is an independent problem, I'm just asking if it's one… if the… if your payroll calculation is wrong, but the impact applies to 10 employees, does that constitute repeated?"
"Again, I'm going back to what you said before. What you're talking about is someone who was unwillful and it was a mistake that was made. However, if you're making a mistake over and over and over and over again, what I suggest is you look at your policies and your practices to see what the problem is. Again, I go back to what I originally said. These are for bad… this is… this Bill is for bad actors who have repeatedly and willfully committed wage theft."
"Representative, I think we've answered and asked that question a number of times. Could you conclude your remarks?"
"Certainly, I'll speak to the Bill. And unfortunately, I didn't get it answered because your… because every time I ask you what it means to be repeated, then you switch back and you say, 'willful and repeated'. So, if it's going to be 10100037.docx 98 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 repeated, it's really unfair, I think, to put somebody with a felony conviction. I might be willing to support something that… if we had a better definition of repeated. I was hoping you were going to provide that description of repeated and because you can't, you know, I think that you are… you're subjecting people to potential felony convictions and that's a very serious thing to do. Vote 'no'."
"Representative Villanueva to close."
"I ask for an 'aye' vote."
"The question is, 'Shall House Bill 1653 pass?' All those in favor vote 'yes'; all those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Hernandez. Rita. Have all voted who wish? Mr. Clerk, please take the record. With a vote of 69 voting 'yes', 43 voting 'no', and 0 voting 'present', House Bill 1653, having received the Constitutional Majority, is hereby declared passed. On page 24 of the Calendar, we return to House Bill 2895, Representative Flowers. Mr. Clerk, please read the Bill. Please take this Bill back to the Order of Second Reading for an Amendment. Representative Flowers on the Amendment."
"Thank you, Mr. Speaker. The Amendment adds implicit bias training and education and cultural competency to the underlying Bill's requirement of hypertension and postpartum hemorrhaging training for staff to provide care for pregnant and postpartum women in the hospital. Further, the Amendment also requires that the Department of Public Health, to support hospitals in implementing strategies or developing an initiative to improve birth equality and reduce peripartum 10100037.docx 99 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 racial and ethnic diversities. And finally, the Amendment also required that the Department of Public Health shall ensure that all hospitals develop protocols for timely identification of all pregnant and postpartum women. And I'll be more than happy to answer any questions."
"Representative Flowers has moved the adoption of Floor Amendment #1. All those in favor say 'no'… or say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #1 to House Bill 2895 is adopted. Third Reading. Oh, I'm sorry. Any further Amendments?"
"No further Amendments. No Motions are filed."
"Third Reading. Mr. Clerk, please read the Bill."
"House Bill 2895, a Bill for an Act concerning State government. Third Reading of this House Bill."
"Representative Flowers."
"Thank you, Mr. Speaker. House Bill 2895 required that the Department of Public Health to ensure that hospitals conduct annual training for staff who care for pregnant and postpartum women and it also include hemorrhaging training. And I would appreciate an 'aye' vote."
"Are there any questions? Representative Demmer."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she'll yield."
"Representative Flowers, I recall this Bill going through committee. I know we just adopted a Floor Amendment for this. The… or underlying Bill required that the Department of Public Health develop a criteria… or the curriculum. Your Amendment, 10100037.docx 100 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 I believe, requires that individual hospitals develop a curriculum. Is that correct?"
"That the Department to support hospitals in implementing."
"Who develops the curriculum or who sets what is… what the people are educated on?"
"The Department."
"So, the Department of Public Health will create a curriculum, hand it to hospitals, and then hospitals will carry out the training based on that curriculum?"
"It may work out that way because it is the Department of Public Health. There's certain standards and criterias that the Department is responsible for. The Department… the hospitals are responsible for supporting deaths to the Department of Public Health. The Depart… the hospitals are responsible for support… for giving information…"
"So, I'm not sure that I'm reading your Amendment the same way. It appears that in the Amendment that you're just requiring… the Department shall require that hospitals conduct this training but that the Department is not responsible for developing the curriculum, which could lead to each hospital deciding their own different curriculum. It could vary from hospital to hospital and we would have, you know, a hundred or two hundred different versions of training instead of one that was the best practice."
"No, Representative, that was not the intent. And the Amendment… can you show me exactly what you're talking about with the Amendment?" 10100037.docx 101 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"Yeah, we have that it says, provides that the Department shall ensure that all hospitals develop protocols for timely identification of pregnant and postpartum women. So, that would suggest that each hospital would develop different protocol, or could develop different protocol. It doesn't say the Department shall develop these criteria but that they shall ensure that hospitals develop the criteria. These… and just to be…"
"Line F…"
"…yeah, just to be supportive here…"
"But…"
"…I think it's an important thing that we agree is necessary. I'm just concerned about how it gets implemented. So, I would suggest, there is a group called the Illinois Perinatal Quality Collaborative…"
"Yes."
"…which has done great work in developing standardized training and curriculum and criteria for hospitals across the State of Illinois to participate in. Perhaps, as this Bill goes through to the Senate, there would be an opportunity for us to direct hospitals to work with a group like the Perinatal Quality Collaborative to make sure that we have consistent training, to make sure that individual hospitals don't have to try to reinvent the wheel for every single hospital for each series or training. I just would offer that. I think that association is willing and capable of doing this and have a lot of very highly qualified people on staff."
"I agree with you 100 percent because that is the intent of the Bill." 10100037.docx 102 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"Okay. Thank you, Representative."
"There being no further discussion, the question is, 'Shall House Bill 2895 pass?' All those in favor vote 'aye'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Wheeler. Yednock. Mr. Clerk, please take the record. With a vote of 109 voting 'yes', 2 voting 'no', 0 voting 'present', House Bill 2895, having received the Constitutional Majority, is hereby declared passed. Representative Conyears-Ervin, for what reason do you seek recognition?"
"Thank you, Mr. Speaker. I just wanted to acknowledge the Democratic Women's Caucus. We have a rock star Democratic Women's Caucus, and I'd like to thank them for the wonderful and delicious cake that they have provided in my honor. Thank you to our cochair, Deb Conroy. It is an honor for me to be a cochair of the Democratic Women's Caucus, and anyone is welcome to the cake in the rear of the chamber. Thank you so much, Mr. Chair… Mr. Speaker."
"Question from Chair for Representative Conyears. Could somebody save me a piece of that cake since I'm stuck up here? Okay, thank you. So, Members, we're going to the top of a new priority list. So, these are Third Readings. On page #23 of the Calendar appears House Bill 2470, Representative Kelly Burke. Mr. Clerk, please… please read the Bill."
"House Bill 2470, a Bill for an Act concerning public employee benefits. Third Reading of this House Bill."
"Representative Burke." 10100037.docx 103 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"Thank you. This is an initiative of the Chicago FOP and it is a simple change to the pension article that allows them to have parity with the Chicago Firefighters Pension Fund, where if a officer is appealing a denial of a disability benefit if they were to prevail upon appeal in the Circuit Court or in the Appellate Court that they would be able to have their legal fees reimbursed. It is a very limited set circumstances, a limited set of officers who are successful in appeals. So the liability to the pension fund would be severely limited. I would welcome any questions and I ask for an 'aye' vote."
"Further discussion? Representative Batinick."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates she will yield."
"Representative, can you remind the Body what percent funded that pension system is?"
"I don't have that at my fingertips. I think you probably have that at your fingertips."
"That was pretty smooth. I believe it's 23 percent. One of our concerns was, and I think this came up in committee, was the… it's a one-way street. So, if they sue and win, they're reimbursed their attorney fees, but if they sue and lose, they're not liable for attorney fees, correct?"
"That's correct."
"Okay. So, I'm going to go straight to the Bill. It probably is limited, the cost of this is limited but I've, you know, spoken at length at how we keep doing small costs to pension systems that are poorly funded. That was the nature of our opposition in committee. Other… the other nature was 10100037.docx 104 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 just the fact that it was kind of a one-way street. It wasn't a loser pays, it was a loser pays if you're the pension system but not a loser pays if you're the person filing the case. So, for those reasons, I urge a 'no' vote. Thank you."
"The question is, 'Shall House Bill 2470 pass?' All the… all those in favor vote 'yes'; all those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? DeLuca, Ford, Guzzardi, Wheeler. Mr. Clerk, please take the record. With a vote of 66 voting 'yes', 43 voting 'no', 1 voting 'present', House Bill 2470, having received the Constitutional Majority, is hereby declared passed. On page 20 of the Calendar appears House Bill 900, Representative Cassidy. Please read the Bill, Mr. Clerk."
"House Bill 900, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"Representative Cassidy."
"Thank you, Mr. Speaker and Members of the House. House Bill 900 is actually a repeat of a Bill that we passed with significant bipartisan support back in 2016. We have a measure on the books that allows the State of Illinois to sue inmates for the cost of incarceration. After the Tribune revealed some significant waste and abuses in this system, we introduced the Bill and passed it only to have it vetoed. But since then, the Attorney General and the Department of Corrections have stopped using this program at all. So, essentially, this is just removing unused factors from our statute and eliminating the program." 10100037.docx 105 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
Speaker Harris: "Is there any discussion? Representative Batinick."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She… my button's working. Yes, she said she will yield."
"And for clarification, is this new list on Short Debate still, too?"
"We are still on Short Debate."
"Okay, that's fine. No, that's fine. So, Representative, I understand the intent to your Bill, the idea that we're going to seek reimbursement from… for most of the people that enter the prison system, which that's what we're getting rid of here, correct?" Cassidy: "We are. What we discovered was that in the course of the 10 years that it had been on the books, we had only recovered something short of a half of million dollars through about a dozen lawsuits, most of which were overturned on appeal. So, it was a significant use of resources, a lot wasted staff hours, an effort for very little return."
"What… and not to, you know, talk about the headline news here but like what about like the Smollett incident, like somebody that really makes large income or if it's somebody that Chicago Board of Options that ends up going to prison? Do we really want to remove the ability to clawback?"
"Again, we're talking about a completely wasteful program. The amount of staff, effort, and money that goes into the operation of this, doesn't even begin to touch what we could recover from it." 10100037.docx 106 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"Okay. All right. Thank you. Thank you for your answers."
"There being no further questions, the question is, 'Shall House Bill 900 pass?' All those in favor say 'aye'; those opposed vote… all those in favor vote 'aye'; and all those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Butler, Mazzochi, Welter. Mr. Clerk, please take the record. With a vote of 67 voting 'yes', 43 voting 'no', 0 voting 'present', House Bill 900, having received the Constitutional Majority, is hereby declared passed. On page 22 of the Calendar appears House Bill… I'm sorry… on page 19 of the Calendar appears House Bill 120, Representative Costello. Mr. Clerk, please read the Bill."
"House Bill 120, a Bill for an Act concerning government. Third Reading of this House Bill."
"Representative Costello."
"Thank you, Mr. Speaker, Members of the House. House Bill 120 creates the Veterans' Service-Related Ailment Taskforce, which addresses service related ailments that are not currently recognized by the Federal DA. I ask for your 'yes' vote."
"Seeing no questions, 'Shall House Bill 120 pass?' All those in favor vote 'aye'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Reick. Mr. Clerk, please take the record. With 112 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 120, having received the Constitutional Majority, is hereby declared passed. On page 10100037.docx 107 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 22 of the Calendar is House Bill 2146, Representative Gabel. Mr. Clerk, please read the Bill."
"House Bill 2146, a Bill for an Act concerning health. Third Reading of this House Bill."
"Representative Gabel."
"Thank you, Mr. Speaker. This Bill is from the Illinois Public Health Association and it has the University of Illinois of Chicago School of Public Health and the Department of Public Health convening a work group to review legislation and make policy recommendations. There was no opposition in committee. And I would appreciate an 'aye' vote."
"Representative Batinick for a question."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates she'll yield."
"This the same Bill we talked about that you're bringing back again that we're going to fix in the Senate, Representative? This is the…"
"No. No."
"Okay."
"I filed an Amendment on that Bill."
"Okay. This…"
"This is the… this is just the public health Bill that we have a work group that's going to convene with the School of Public Health and the Department of Public Health."
"Okay. Just got the alert and I got the thumbs up from the spokes, so we're good. Thank you."
"Okay. Thank you."
"Representative Gabel, do you care to close?"
"Just appreciate an 'aye' vote." 10100037.docx 108 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"The question is, 'Shall House Bill 2146 pass?' All those in favor vote 'aye'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Ammons, DeLuca, Didech, Moeller. Mr. Clerk, please take the record. With a vote of 112 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 2146, having received the Constitutional Majority, is hereby declared passed. Page 25 of the Calendar appears House Bill 3129, Representative Flowers. Representative Flowers, House Bill 3129, Mr. Clerk, please read the Bill."
"House Bill 3129, a Bill for an Act concerning public aid. Third Reading of this House Bill."
"Representative Flowers."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 3129 is the Temporary Needy Family Program, and it would provide monthly grants to needy children and families. The grant would help families to meet their basic needs, including rent, and utilities, and other personal items. And, unfortunately, sometimes when it comes to eligibility, the entire family is hurt because the redetermination wasn't returned in time. And so, what we're asking with House Bill 3129 is to have only 25 percent to be for the adult and the other percentage would be for the children. And I'll be more than happy to answer any questions that you have."
"Is there discussion? Representative Hammond."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Yes." 10100037.docx 109 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"So, Representative Flowers, we're not reinventing the wheel here, are we? There… are there other states that also do a similar process?"
"Yes, Representative. Other states have done this, Maine, California, and New York."
"And so, currently, in the State of Illinois, this family would lose 100 percent of their TANF benefits. Is that correct?"
"That is correct."
"And so, the children would suffer, in my opinion, the most from that?"
"That is correct."
"And so, your legislation will simply turn that to withholding of 25 percent, 75 percent will go to the family. And so, certainly, the children will have benefits?"
"Absolutely, so the children will no longer have to suffer as much."
"Thank you, Representative. And I urge an vote… an 'aye' vote."
"Thank you."
"Thank you, Representative. There being no further discussion, the question is, 'Shall House Bill 3129 pass?' All those in favor vote 'aye'; those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Cassidy, Keicher, Stuart. Have all voted who wish? Mr. Clerk, please take the record. On a vote of 86 voting 'yes', 25 voting 'no', and 0 voting 'present', House Bill 3129, having received a Constitutional Majority, is hereby declared 10100037.docx 110 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 passed. To the order of Hernandez. On page 25, Barbara… Representative Barbara Hernandez on House Bill 3237." Hernandez, B.: "Thank you, Mr. Speaker."
"Please read the Bill, Mr. Clerk."
"House Bill 3237, a Bill for an Act concerning education. Third Reading of this House Bill."
"Representative Hernandez." Hernandez, B.: "Thank you, Mr. Speaker. House Bill 3237 will provide a specific ways for students to demonstrate English language proficiency to be eligible for the Seal of Biliteracy. Currently, it's AP scores, college credit courses, and dual credit. This is… this will be a sister Bill to HB2170, which I'm waiting for an Amendment, but this is a separate one."
"Is there any discussion? Seeing none, the question is, 'Shall House Bill 3237 pass?' All those in favor vote 'yes'; all those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Villanueva. Mr. Clerk, please take the record. On a vote of 112 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 3237, having received a Constitutional Majority, is hereby declared passed. Representative Lisa Hernandez on House Bill 424. Clerk, please read the Bill."
"House Bill 424, a Bill for an Act concerning education. Third Reading of this House Bill."
"Representative Hernandez." Hernandez, L.: "Thank you, Speaker. House Bill 424 requires for the… for ISBE to set standards, criteria, and competencies for bilingual interpreters involved in IEP meetings to assist 10100037.docx 111 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 those who are English speaking parents or those who have limited English. So I… I ask for an 'aye' vote."
"Is there any discussion? Seeing none, the question is, 'Shall House Bill 424 pass?' All those in favor vote 'aye'; those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Davidsmeyer, Demmer, Mazzochi. Have all voted who wish? Mr. Clerk, please take the record. With a vote of 95 voting 'yes', 15 voting 'no', 0 voting 'present', House Bill 424, having received the Constitutional Majority, is hereby declared passed. On page 26 of the Calendar appears House Bill 3498, Representative Manley. Mr. Clerk, please read the Bill."
"House Bill 3498, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"Representative Manley."
"Thank you, Mr. Speaker. House Bill 3498 expands the offense of female genital mutilation to include when a parent or guardian of a minor knowingly facilitates or permits a child to be mutilated. And it eliminates the statute of limitations for this offense when the victim is a minor under the age of 18. I'll take any questions."
"Any discussion? Seeing none, the question is, 'Shall House Bill 3498 pass?' All those in favor vote 'yes'; all those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Davidsmeyer. Smith. Mr. Clerk, please take the record. With 111 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 3498, having received the Constitutional Majority, is hereby declared passed. On 10100037.docx 112 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 page 24 of the Calendar appears House Bill 2831, Representative Mussman. Mr. Clerk, please read the Bill."
"House Bill 2831, a Bill for an Act concerning health. Third Reading of this House Bill."
"Representative Mussman."
"Thank you, Mr. Speaker and Members of the House. So, this Bill was brought to me, it's an issue for one of my constituents. And I also want to thank my colleague, Norine Hammond, for her work on this Bill. So, basically what happens is if you are a person with a latex allergy and a person wearing latex gloves prepares your food, it can leave particulate latex matter in the food which you can ingest and it would cause severe allergic reaction. So we worked with IRMA and the restauranteurs and we've agreed that it would be forbidden for people to wear latex gloves in the preparation of food items but they can use them elsewhere in the restaurant. So we do have agreed language. There's no known opposition. I'd love to have your support."
"Is there any discussion? Seeing no questions, the question is, 'Shall House Bill 2831 pass?' All those in favor vote 'yes'; all those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Murphy. Ramirez. Mr. Clerk, please take the record. With 112 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 2831, having received a Constitutional Majority, is hereby declared passed. Representative Manley seeks recognition. Representative Manley." 10100037.docx 113 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"Thank you, Mr. Speaker. Will the record reflect that Representative… excuse me, Leader Hoffman is gone for the rest of the day?"
"The record will so reflect. Representative Severin, for what reason do you seek recognition?"
"Point of personal privilege, please."
"Please state your point."
"I'd like to introduce to you, from the Crab Orchard, the FCCLA young ladies. If you'll welcome them, they're in the gallery. They're here to participate in a competition tomorrow. They're just going to be here a few minutes. So, they're young ladies from Crab Orchard, the FCCLA ladies. So, if you'll give them a round of applause. Thank you very much. Thank you. I appreciate it."
"On… Representative Butler, for what reason do you seek recognition?"
"Please let the Journal reflect that Representative Cabello is excused the rest of the day."
"The record will so reflect. Thank you. On page 26 of the Calendar appears House Bill 3580, Representative Slaughter. Please read the Bill, Mr. Clerk."
"House Bill 3580, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"Representative Slaughter."
"All right. Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 3580 is regarding certificates of good conduct and providing assistance to ex- offenders that have been able to demonstrate that they are law abiding citizens and its fully rehabilitated. Currently, 10100037.docx 114 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 ex-offenders can only provide a certificate of good standing to employers. House Bill 3580 expands the use of these certificates to include occupational licenses and housing opportunities. And let me be clear here, this Bill would not preclude a landlord or a licensing or an administrative authority from denying the application for housing or licensure, nor would it preclude them from assessing a person's criminal record. There is no opposition to this Bill. The Bill came out of committee on leave with no 'no' votes. I urge a 'yes' vote."
"Is there any discussion? Seeing none, the question is, 'Shall House Bill 3580 pass?' All those in favor vote 'yes'; all those opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Villa, Keicher, Mazzochi. Mr. Clerk, please take the record. With a vote of 66 voting 'yes', 43 voting 'no', 0 voting 'present', House Bill 3580, is… having received the Constitutional Majority, is hereby declared passed. On page 22 of the Calendar appears House Bill 2272, Representative Ramirez. Mr. Clerk, please read the Bill."
"House Bill 2272, a Bill for an Act concerning education. Third Reading of this House Bill."
"Representative Ramirez."
"Good afternoon. House Bill 2272 is a transparency and accountability Bill for Chicago Public Schools. The Bill amends the Chicago School District Article of the School Code, asking and providing that governing bodies of contract schools be subject to the Freedom of Information Act and Open Meetings. All other schools, currently, are subject to the 10100037.docx 115 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 Open Meetings Act and Freedom of Information. This Bill will just take the oversight of the nine schools that were not included and include them into that Act. I urge an 'aye' vote and I welcome any questions."
"Is there any discussion? Representative Butler."
"Thank you, Mr. Speaker. Question of the Sponsor."
"Sponsor yields."
"Representative, I'm just looking at our analysis here and it says that the Hope Learning Academy is opposed to it. Is that correct?"
"That is correct."
"And can you tell me the nature of their opposition?"
"They believe that because they are a school within the contract schools, they're one of the nine contract schools, that they would be… that other nonprofits would be subject to the Open Meetings Act in the FOIA. However, if you look at the legislation, it clearly indicates that this is just for Chicago Public Schools."
"So, their concern, as a private entity, that they know that they're not subject to FOIA and their concerned that they would… under this Bill, that they would be subject to FOIA?"
"That's what they're concerned about but, however, when you look at the legislative analysis, this only speaks to Chicago Public Schools."
"Okay. And they're not a part of Chicago Public Schools?"
"They are an entity here in Springfield who has…"
"Right." 10100037.docx 116 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"…a school in Chicago, who has a contract under… with CPS."
"Okay."
"And so, they would be subject for the school component to the FOIA request."
"So they would be subject to FOIA?"
"Their school would be subject to FOIA. The contracted that school that they have. Not the rest…"
"So… so…"
"…of their entity."
"…when… so their Chicago portion of Hope, the Hope Institute, would be subject to FOIA? Is that what you're telling me?"
"Yes, that is correct."
"So, how does that differentiate when you do a FOIA for Hope… so, sometimes when you make a FOIA request, other people get caught up in the FOIA request who are not of that entity because they've sent an email in and out of whatever entity you're FOIAing. So, this could possibly extend to Hope through the fact that somebody who's not part of Chicago school for Hope, but maybe they've been sending emails back and forth to the Chicago school. So they would be subject to FOIA under… do you understand where I'm going with that?"
"I hear you. I do understand what you're saying and I know that the Hope Center has had that concern and, specifically, because they are one of the schools that… because they are here in Springfield, they have a school there. However, right now, every single school that works with CPS, every single one, including our charter schools, 10100037.docx 117 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 are subject to FOIA and Open Meetings. This oversight has meant that schools like the one in my district, one of my district's schools that's a contract school, is not able to have the parents come to the meetings. They're not able to have information, basic information, for their schools. And to me, that really is an oversight. And so, this is why it's so important to be able to include them. However, this is specifically to the school component. And, yes, if there's a correspondence between back and forth for Hope school that is a contract school of CPS, they would be subject."
"So have you had discussions with Hope School about their concerns?"
"I have had discussions with the lobbyist here about their concerns and her concern was exactly what you just stated, what she shared with you."
"She did not share that with me. I just thought of that on my own, actually."
"Okay. Okay. Well."
"So, would you… I mean, is there a way to work with Hope to address their concerns? 'Cause I'm not going to vote for this for a school in my… that's headquartered here in my community if they've got concerns, legitimate concerns, I believe, over FOIA. Would you be willing to take this out and maybe work with Hope to address their concerns?"
"I feel like this is very… it's interesting because while this is a concern for you and your district, it's a concern also in my district."
"I understand." 10100037.docx 118 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"I have a contract school in my district. They have a contract school in Chicago where I have…"
"Yep. No, I'm aware."
"…my district. And so to me, when we talk about Open Meetings, when we talk about FOIA, when we talk about transparency and accountability, it is so important that every single school… if we already have every other school included, I don't understand why we'd have to now carve out so that Hope Center doesn't have to be subject to FOIA."
"So… so, there's… and I'm just going to use an example in a different context. There's been a lot of discussion about an institution in this community, the Abraham Lincoln Presidential Library and Museum, about their private foundation. About their private foundation, whether or not they should be subject to FOIA. Currently, they are not. And I understand why, why they're not subject to FOIA, and it's certainly an issue for another day on that one, but it gets to the point. So, it's a private entity, Hope being a private entity but they have a public purpose. And so, that's why they're exempt from FOIA because they're a private entity. They're not… they're not a public entity. Yes, they contract but they're not a public entity."
"But they contract… they have teachers that are part of the Chicago Teacher's Union. They are part of the pension. They get the funding from Chicago Public Schools. And so to me, as someone that went to Chicago Public Schools, as someone that cares deeply about our neighborhood schools and cares about the community, I find it really difficult to say, well 10100037.docx 119 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 you'll get a carve out. And it's okay for everyone else to have open meetings and FOIA, but…"
"But they're a public…"
"…it doesn't matter that you're getting…"
"…they're a private entity."
"But you're a private entity that is contracted by the Chicago Public Schools, with Chicago Public School teachers, and with pension for support. So to me, it's really difficult to say we're going to go ahead and remove them and have that conversation offline when it's really just nine contract schools in the entire city."
"Okay. I… what I would hope is maybe you work on this, if this Bill does pass, that you work on it, if you have a Senate Sponsor, to continue to address the concerns of Hope. Because I think this is a legitimate concern for a private entity to be subject to FOIA. Thank you, Mr. Speaker."
"Thank you, Representative Butler. All these Bills are on the Order of Short Debate. Representative Ramirez to close. Representative Ramirez to close."
"I appreciate and urge an 'aye' vote on House Bill 2272."
"The question is, 'Shall House Bill 2272 pass?' All those in favor vote 'aye'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. With a vote of 69 voting 'yes', 39 voting 'no', and 1 voting 'present', House Bill 2272, having received the Constitutional Majority, is hereby declared passed. On page 21 of the Calendar appears House Bill 2078, Representative Stuart. Stuart. Out of the record. On House Bill 20 appears 10100037.docx 120 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 House Bill… on page 20 appears House Bill 817, Representative Welch. Mr. Clerk, please read the Bill."
"House Bill 817, a Bill for an Act concerning education. Third Reading of this House Bill."
"Representative Welch."
"Thank you, Mr. Speaker. House Bill 817 is a Bill that I've been working on with a group called CS for All, CS for Illinois. These are folks who are passionate about computer science education. And this Bill would create a grant funded program that is subject to appropriation that would allow school districts to create computer science courses in their schools. There are thousands of jobs available out there but we're not preparing a generation for those jobs. And by offering this grant program, we will prepare folks for the over 20 thousand jobs that currently sit empty and create careers for the next generation. I ask for support of House Bill 817."
Speaker Harris: "Is there any discussion? Representative Batinick."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor says he will yield."
"Just real quick, Representative. I just was wondering the nature of the opposition of the Statewide School Management… I'm sorry, the Illinois Business Education Association is opposed."
"Never heard of that group. Who is that?"
"I didn't run the Bill. I have no… I have no idea either. I mean, you do have a fair amount of… State School Management Alliance is neutral. You certainly have a fair 10100037.docx 121 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 amount of proponents but there… you had no discussions in the passage of this Bill out of committee with opposition?"
"I'm not aware of those folks at all."
"All right."
"Never heard of them."
"Okay. Thank you."
"Seeing no further discussion, the question is, 'Shall House Bill 8… I'm sorry, did you wish to close, Representative Welch?"
"I ask for an 'aye' vote, Mr. Speaker."
"Thank you. The question is, 'Shall House Bill 817 pass?' All those in favor vote 'aye'; opposed vote 'no'. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Sosnowski. Mr. Clerk, please take the record. With 109 voting 'yes', 1 voting 'no', and 0 voting 'present', House Bill 817, having received a Constitutional Majority, is hereby declared passed. On page 26 of the Calendar appears House Bill 3550, Representative Williams. Mr. Clerk, please read the Bill."
"House Bill 3550, a Bill for an Act concerning education. Third Reading of this House Bill."
"Representative Williams."
"Thank you, Mr. Speaker. This Bill is simple. It simply requires that if a school district teaches sex education, it require age appropriate conversation to be had on the issue of what constitutes consent. Under current law, consent is mentioned… I have to thank Representative Stephanie Kifowit for her work to add that word to the Sex Education Code… but no definition is really provided. And nowhere in current law 10100037.docx 122 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 does it address the inability to consent when it comes to people in positions of power and authority. This Bill will provide a comprehensive definition of what it means to consent. In the wake of the CPS sex abuse scandal, we heard a lot about background checks, we heard a lot about discipline, but we didn't hear a lot about prevention. That was troubling, but this is what this Bill is about. This Bill is about the prevention of sexual abuse and assault. The statistics really are stunning. More than… teens are more than four times more likely to be victims and to face issues of abuse and assault. We need to arm our students with the tools to understand consent, understand what it means to develop and establish healthy and safe relationships. Not too long ago, I met with two survivors who were abused as teenage girls by their teachers. They are now amazing and strong women but they are still dealing with the consequences of this abuse every single day. Meeting with them gave me a real understanding that consent is not just a matter of yes and no. Consent is a very complex subject that needs to be explored in a comprehensive way. It is so much more than just saying no means no. I want to thank the survivors, all of the survivors, for their strength and bravery, and for educating me and helping me to understand. Not just the devastating lifelong impacts of sexual abuse and assault, but that it could happen to anyone, any of us, at any time. It could easily have happened to me. I just got lucky. But we shouldn't leave it to chance. We shouldn't leave our kids hoping they get lucky. We must empower our children with the tools to truly understand consent, what it is and what it isn't, and 10100037.docx 123 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 build these healthy, safe relationships. I'm happy to answer any questions about this very important Bill."
"Is there any discussion? Representative Bourne."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she'll yield."
"Thank you. Representative, I have a few clarifying questions for you. The first one is, currently sex education is optional both for the student individually and for the school district to participate in. Is that correct?"
"That's correct. The School Code does not mandate districts teach consent… sexual education but if they do, we are requiring here that consent be a part of that conversation."
"And can you explain the grade levels that this would include?"
"Sure. Sex ed in the School Code applies to sixth grade up to twelfth grade. I will note there is a law called Erin's Law, which you might be familiar with, that does provide sexual abuse prevention opportunities and that's mandatory, but that's a separate issue. This deals with sex ed only."
"But it is not the case that sex education is taught sixth through twelfth grade every year. Is that… how is it implemented?"
"I think that's up… I think that's up to the individual districts. And part of this Bill is allowing the districts to continue to establish their own parameters for teaching sex ed and include their own curriculum. We want the local districts to decide that. This just says if they do, will 10100037.docx 124 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 recognize how important the issue of consent is in terms of prevention."
"And we've had a lot of conversations about mandates in the committee that this went through. Would you consider this to be a new mandate or expanding upon an existing part of a curriculum that's already included?"
"This simply adds the consent conversation to an already existing component of the School Code. So, in my opinion, unfortunately, it's not a mandate because I do believe sex ed should be tried across the board. But right now, in this Bill, we're addressing it in terms of districts that opt into the sex education curriculum."
"There were a few of us in committee who voted 'yes'; a few of us who voted 'no'. The one concern that we had, the School Management Alliance was asking for some flexibility on developing the curriculum to make sure that it was age appropriate and they weren't using premade curriculum for the college level. Have you had conversations with them about the curriculum that can be used?"
"You know, the curriculum piece is up to the local districts, just like the broader sex education conversation. We felt it important for the schools to be able to tailor this conversation to meet the needs of their particular district. We do, however, define what consent is in more than just a word. We do provide what consent is and what it isn't. But, of course, that can be modified in many different ways to apply to the different ages. For example, there is a video out there, an educator sent it to me, about the issue of whether someone wants a cup of tea and they develop a whole 10100037.docx 125 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 animated video as to whether someone wants tea. They might ask for tea. They may change their minds and say, actually they don't want tea. They may be sleeping or unable to respond, which probably means they don't want tea. You get where I'm going there. It's a way of explaining the concept of consent that doesn't touch on any sensitive subjects, depending on the age."
"And also, could you explain what is already included in current statute? So, it says that it must be… so, currently, curriculum for sex education must be age appropriate. This falls under that requirement as well?"
"It does but we also add that in our new language, as well. We do say, and I'll quote, 'Course material and instruction must include an age appropriate discussion on the meaning of consent that includes discussion on recognizing the following…' and then it list a number of scenarios that can be modified in an age appropriate way."
"And currently, we also require that schools and students who participate in sex education are… the curriculum includes substantial emphasis on both abstinence and contraception. Is that correct?"
"That is included in the current law."
"Okay. Thank you so much for clarifying my questions. I think that this is helpful. I voted 'yes' in committee. I intend on voting 'yes' on the floor. I know that there are folks who have concerns about a mandate, concerns about age appropriateness of the curriculum and I think those are fair. But I think that this is an important conversation that needs to be had, so thank you." 10100037.docx 126 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"I appreciate it."
"Thank you, Representative. This Bill is on Order of Short Debate. There's been a speaker in favor. We need a speaker in opposition. Representative Hammond, do you rise in opposition? You do not. Representative Flowers, do you rise in opposition? You do not. Seeing no further speakers, Representative Williams to close."
"Again, thank you for your attention. And many of you had individual conversations about this. The topic of abuse and assault is so difficult because there are no clear answers. What do you do to change the culture, to minimize the chances that our kids will face these issues? I can't think of a lot of ways but I can think of one way and that's to improve the conversation and understanding of what consent means. I appreciate your consideration."
"The question is, 'Shall House Bill 3550 pass?' All those in favor vote 'yes'; all opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. With 103 voting 'yes', 6 voting 'no', 0 voting 'present', House Bill 3550, having received the Constitutional Majority, is hereby declared passed. On page 20 of the Calendar appears House Bill 271, Representative Willis. Mr. Clerk, please read the Bill."
"House Bill 271, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Representative Willis."
"Thank you, Mr. Speaker. This Bill is from the fire protection districts. What it does is, is it gives them a 10100037.docx 127 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 little bit more flexibility when it comes to posting their competitive bid notices. The original Bill started out allowing them to post in their local papers that may or may not be a daily paper. We decided to put it in an Amendment, which was previously adopted, that expands that to also allow them to post on their website so that we have a lot more transparency and hopefully are taken into consideration a lot more vendors that would be willing to vote on those competitive bids. I urge an 'aye' vote."
"Is there discussion? Representative Batinick."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she'll yield."
"Representative, I just want to clarify, this does nothing to change the threshold of what needs to be published, you're just changing the flexibility of what the publishing requirements are, correct?"
"Correct. It does not change the limits at all. It just gives them a little bit more flexibility in how and where they publish."
"Okay. Duly noted."
"Thank you."
"Representative Willis to close."
"I urge an 'aye' vote."
"The question is, 'Shall House Bill 271 pass?' All those in favor vote 'aye'; those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Connor. Connor. Mr. Clerk, please take the record. With 110 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 271, having 10100037.docx 128 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 received the Constitutional Majority, is hereby declared passed. On page 23 of the Calendar appears House Bill 2676, Representative Zalewski. Mr. Clerk, please read the Bill."
"House Bill 2676, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Representative Zalewski."
"Mr. Speaker, could we move the Bill back to the Order of Second Reading? There's an Amendment in Rules that Rules will have to adopt."
"Mr. Clerk, please move this Bill back to the Order of Second Reading. Members, we're going to return to the Order of Second Readings. Second Readings. On page 5 of the Calendar appears House Bill 837, Representative Kifowit. Please read the Bill."
"House Bill 837, a Bill for an Act concerning government. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1 is offered by Representative Kifowit."
"Representative Kifowit on the Amendment."
"Thank you, Mr. Speaker. The Amendment literally just clarifies where the house to the Youth Advisory Council will be. It's in the Executive Branch. There is a fiscal note filed that shows that there'd be minimal if no fiscal impact with this change."
"Representative Kifowit moves adoption of Floor Amendment 1 to House Bill 837. Is there any discussion? Seeing none, all those in favor say 'aye'; opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment 10100037.docx 129 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 #1 is adopted. Third Reading. Third… I'm sorry. Mr. Clerk, any further Amendments?"
"No further Amendments. No Motions are filed."
"Third Reading. On page 7 of the Calendar appears House Bill 2100, Representative Welch. Mr. Clerk, please read the Bill."
"House Bill 2100, a Bill for an Act concerning education. Second Reading of this House Bill. No Committee Amendments. Floor Amendments 2 and 3 have been approved for consideration. Floor Amendment #2 is offered by Representative Welch."
"Mr. Clerk, please hold this Bill on the Order of Second Reading. On page 18 of the Calendar appears House Bill 3676, Representative Didech. Mr. Clerk, please read the Bill."
"House Bill 3676, a Bill for an Act concerning local government. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1 is offered by Representative Didech."
"Representative Didech on Floor Amendment 1."
"This Amendment addresses certain problems that have arisen in consolidation legislation. It was negotiated with TOI and it was agreed upon language. I would ask for its adoption."
"Seeing no discussion, the Motion is to adopt Floor Amendment #1 to House Bill 3676. All in favor say 'aye'; opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment 1 to House Bill 3676 is adopted. Third Reading. Any further…" 10100037.docx 130 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019
"No further Amendments. No Motions are filed."
"Third Reading. Mr. Clerk, Agreed Resolutions."
"Agreed Resolutions. House Resolution 252, offered by Leader Durkin. House Resolution 254, offered by Representative Bennett. Correction, House Resolution 252, offered by Representative Durkin. House Resolution 256, offered by Representative Miller. House Resolution 257, offered by Representative Moeller. House Resolution 258, offered by Representative Evans."
"Leader Turner moves for the adoption of the Agreed Resolutions. All those in favor say 'aye'; opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Agreed Resolutions are adopted. Announcement. Announcement. Members are encouraged to get their list of priority Bills to their Caucus staff and communicate any changes to your list to your appropriate staff. Members should anticipate long Session days next Tuesday, Wednesday, and Thursday. And now, allowing perfunctory time for the Clerk, Leader Turner moves that the House stand adjourned to Tuesday, April 9, at the hour of noon. All those in favor say 'aye'; opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the House stands adjourned."
"House Perfunctory Session will come to order. Introduction and First Reading of House Bills. House Bill 3828, offered by Representative Skillicorn, a Bill for an Act concerning elections. First Reading of this House Bill. Introduction and First Reading of Senate Bills. Senate Bill 87, offered by Representative West, a Bill for an Act concerning transportation. Senate Bill 527, offered by 10100037.docx 131 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 Representative Walsh, a Bill for an Act concerning government. Senate Bill 944, offered by Leader Durkin, a Bill for an Act concerning transportation. Senate Bill 1116, offered by Representative Feigenholtz, a Bill for an Act concerning minors. Senate Bill 1321, offered by Representative Halpin, a Bill for an Act concerning public aid. Senate Bill 1332, offered by Representative Meyers- Martin, a Bill for an Act concerning State government. Senate Bill 1379, offered by Representative Davis, a Bill for an Act concerning revenue. Senate Bill 1525, offered by Representative Kalish, a Bill for an Act concerning State government. Senate Bill 1814, offered by Representative Gordon-Booth, a Bill for an Act concerning finance. Senate Bill 1857, offered by Representative Gordon-Booth, a Bill for an Act concerning State government. Senate Bill 1868, offered by Representative Williams, Ann, a Bill for an Act concerning civil law. Senate Bill 1980, offered by Representative Halpin, a Bill for an Act concerning local government. Senate Bill 2023, offered by Representative Cassidy, a Bill for an Act concerning regulation. Senate Bill 2047, offered by Representative Bennett, a Bill for an Act concerning regulation. Senate Bill 2096, offered by Representative Davis, a Bill for an Act concerning education. Senate Bill 2122, offered by Representative Costa Howard, a Bill for an Act concerning education. Senate Bill 2140, offered by Representative Gabel, a Bill for an Act concerning safety. Senate Bill 2148, offered by Representative Costello, a Bill for an Act concerning local government. Senate Bill 2150, offered by Representative McSweeney, a Bill for an Act 10100037.docx 132 STATE OF ILLINOIS 101st GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 37th Legislative Day 4/4/2019 concerning education. Senate Bill 2153, offered by Representative Cassidy, a Bill for an Act concerning finance. First Reading of these Senate Bills. There being no further business, the House Perfunctory Session will stand adjourned." 10100037.docx 133