Illinois House Floor Debate — January 5, 2011

"The hour of 11:30 having arrived, the House shall be in order. We shall be led in prayer today by Wayne Padget, the assistant doorkeeper. Members and guests are asked to refrain from starting their laptops, turn off all cell phones and rise for the invocation and the Pledge of Allegiance. Mr. Padget."

"We'll be led in the Pledge of Allegiance by Representative Walker."

Speaker Mautino: "Roll Call for Attendance. Representative Bost."

"Majority Leader Currie." 09600160.doc 1  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011

"Thank you, Speaker. Please let the record reflect the excused absences of Representatives Mell, Miller and Smith."

"Mr. Clerk, take the record. 114 answering the Roll and are present and the House is prepared to do its business. Mr. Clerk, Committee Reports."

"Mr. Clerk, would you place House Resolution 1520 on the board. Representative Cavaletto." 09600160.doc 2  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011

"State your point, Sir."

"Mr. Clerk, would you read the Resolution?"

"The Gentleman has moved that the House adopt House Resolution 1520. All in favor say 'yes'; opposed 'no'. Opinion of the Chair, the 'yeses' have it. And the Resolution is adopted. Ladies, congratulations and welcome to Springfield. The Gentleman from Crawford, Representative Eddy."

"The Gentleman from Vermilion, Representative Hays is seeking recognition." 09600160.doc 3  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011

Speaker Mautino: "Welcome to Springfield. Page 4 of the Calendar, under Senate Bills-Third Reading, appears Senate Bill 647, Representative Coulson. Mr. Clerk, read the Bill."

"The Lady from Cook, Representative Coulson."

"The Lady has moved passage of Senate Bill 647. On that question, the Gentleman from Jackson, Representative Bost."

"Further discussion? The Lady from DuPage, Representative Bellock."

Speaker Mautino: "No one seeking further recognition, the question is, 'Shall this Bill pass?' All in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk. Representative Davis, Representative Brady, do you wish to be recorded? Mr. Clerk, take the record. 114 voting 'yes', 0 voting 'no', 0 voting 'present'. Senate Bill 647 is declared passed. Mr. Clerk, page 4 of the Calendar, Senate Bill 902. Representative Reitz. Mr. Clerk, read the Bill."

"The Gentleman from Randolph, Representative Reitz." 09600160.doc 5  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011

"Thank you, Mr. Speaker. The… Senate Bill 902, now it removes language from the Wildlife Code. It was in contrast to language that we put in when we raised the fees on duck hunting. It basically allows the Ducks Stamp Committee to have the same authority they had in previous years. And it will allow them to release the money for the state Migratory Waterfall Stamp Fund to be used for duck hunting purposes. And I'd appreciate an 'aye' vote."

"The Gentleman has moved passage of Senate Bill 902. And on that question, the Gentleman from Crawford, Representative Eddy."

"He indicates he will."

"That’s correct. This is their initiative."

"That's correct. This clarifies the language based on what was changed in the fee increase and allows them to use this… the migratory stamp money for maintenance of waterfowl habitat."

"No one seeking further recognition, question is, 'Shall this Bill pass?' All in favor vote 'yes'; opposed 'no'. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Coladipietro, you wish to be recorded? Mr. Clerk, take the record. 114 voting 'yes', 0 voting 'no', 0 voting 'present', Senate Bill 902, having received the Constitutional Majority is declared passed. Mr. Reitz, on the Calendar, page 5, also appears Senate Bill 2525. Mr. Clerk, read the Bill. Please return the Bill to Second Reading. Representative Reitz on Floor Amendment #1."

"Thank you. The Floor Amendment makes the following change. It modifies the definition of the dependent state employee group insurance. This would… this reflects the changes under the Federal Law and the second component modifies the Military Leave Section under our State Law for the Group Insurance Act. This was an initiative of CMS and they're just trying to get us in compliance with various procedures regarding health insurance."

Speaker Mautino: "The Gentleman moves adoption of Floor Amendment #1. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. And the Amendment is adopted. Mr. Clerk, further Amendments?"

"Third Reading. And read the Bill."

"The Gentleman from Randolph, Representative Reitz."

"Thank you. The Amendment became the Bill. That's all it does, nothing's changed since 30 seconds ago. Appreciate an 'aye' vote."

"The Gentleman has moved passage of Senate Bill 2525. On that question, Representative Eddy."

"He indicates that he will."

"That's correct. It simply codifies changes that we have to make under the Federal Act to comply with the Federal Government. And the second one is it makes is in compliance the with the Group Insurance Act that the State of Illinois has regarding military leave."

"Correct."

"No, no expansion. Just a clarification."

"You're welcome."

"Further discussion? The Gentleman from Cook, Representative McCarthy."

"Thank you, Mr. Speaker. Will the Sponsor yield?" 09600160.doc 8  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011

"Yes."

"Representative, does this include every pension system controlled by the state?"

"It would… anything under CMS is controlled. Basically gets us into compliance with the Federal Law regarding adult children."

"Would this indemnify the trustees of the General Assembly Retirement System? Would that present a conflict if it did or…?"

"I don't think if you're under 26, but yes."

"Thank you."

Speaker Mautino: "Further discussion? The Gentleman from Champaign, Representative Rose."

"He indicates that he will."

"Yes. Actually, for further clarification, I'll tell you exactly what it does. It codifies the current practices mandated by the Federal Government. It makes coverage of adult children more affordable by providing the IRS tax exempt status to premiums. It allows adult children to be provided life insurance under their parent's coverage. And Federal Law… all of these, Federal Law mandates that we make these changes during our FY12 benefit choice period, May 1 through the 31, 2011. Every state in the union has to make these changes." 09600160.doc 9  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011

"Under life insurance?"

"My understanding with CMS and they didn't have any questions in committee, but in discussions with them, all of these changes are required for the Federal Law. And all we're doing is coming into compliance with Federal Law, was my understanding."

"Why are we ch… My understanding was both of these changes, one had to do to comply with the Federal Act, the other one with the State Group Insurance Act. All of the changes were is my understanding."

"That was not my understanding. I will pull it out and check if you want. We could do that."

"Let's pull this Bill out of the record and I'll find out."

"Please remove the Bill from the record. On [age 5 of the Calendar is Senate Bill 3965, Representative Franks. Mr. Clerk, read the Bill. Please return this Bill to Second Reading for the purpose of an Amendment. Senate Bill 3965, Representative Franks on Floor Amendment #2."

"Thank you, Mr. Speaker. Floor Amendment #2 is a technical Amendment. I believe we just changed a few words. I think we had the word 'or' instead of 'and'. It does not change substantively at all the Bill. And I'd ask for Amendment #2 to be adopted."

Speaker Mautino: "The Gentleman moves adoption of Floor Amendment #2. No one seeking recognition, all in favor say 'yes', opposed say 'no'. In the opinion of the Chair, the Amendment is adopted. Mr. Clerk, further Amendments?"

"Third Reading, read the Bill."

"Representative Franks."

"Thank you, Mr. Speaker and Members of the General Assembly. We've had a couple of hearings on this in committee and I want to thank the Mass Transit Committee 09600160.doc 11  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011 for their indulgence. We had a subject matter hearing last month and yesterday we had a meeting where this Bill passed unanimously out of committee and all witnesses slipped in favor of it, including all the transit agencies. And this is really a Bill that is long overdue and one that's so necessary in the State of Illinois. It's a way to end cronyism and to hold our transit agencies accountable. For those of you who have seen what's happened, unfortunately, in our transit agencies they have not had much oversight and the citizens of the State of Illinois as a result have suffered grievously. This Bill now will require board members and employees of the transit boards to comply with the provisions of the Ethics Act. Importantly, it will give the Executive Inspector General for the Governor jurisdiction to investigate allegations of fraud, waste, abuse, mismanagement, misconduct, nonfeasance, misfeasance, malfeasance or any violation of the Ethics Act. This would be an expansion of powers for the office of the executive inspector general. It will also allow that office to conduct an investigation and determine whether a board member or employee has committed wrongdoing. The Executive Inspector General then must submit a summary report to the ultimate jurisdictional authority. And this will now give the Governor the authority to remove any board member in response to one of these summary reports that indicates that a person has engaged in wrongdoing. This also will allow the transit boards to appoint or employ an Inspector General, but importantly, that person has to be approved by 09600160.doc 12  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011 the Executive Ethics Commission. I'd be happy to answer any questions."

"The Gentleman has moved passage of Senate Bill 3965. and on that question, the Gentleman from Lake, Representative Mathias."

"No. This is an… that's a good question, Representative. This is an expansion of the Executive Inspector General's powers. And the reason, the rationale for it, is we believe that an Inspector General… or I believe and I think you do as well, an Inspector General cannot serve at the pleasure of the inspected and the Inspector General must not answer to an agency in which it oversees. It needs real independence and that's what this Bill does. It gives independence to an Inspector General and we give a watchdog teeth that would have not happened in this state."

"No. Once that person's appointed, then that's an independent agency and it's for a certain term and there's no… After they have been… I think Mr. Meza was just 09600160.doc 13  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011 confirmed by the Senate last month and now it's an independent… independent agency completely. He cannot be removed by the Governor."

"I appreciate the argument Representative, but we could argue slippery slope on pretty much every Bill that we do here. That's not the intent of this Bill. This is a unique situation where we have quasi-governmental agencies that are receiving tax dollars and subsidies both federal and state. And there is a real symbiotic relationship between these transit agencies and the State Government. So, that's why I think it's appropriate to have the expansion for these entities."

"That's not this intent of this Bill…"

"…at all."

"Well, it does in a sense because what this Bill does is it allows any of the transit agencies to appoint their own Inspector General, but with a very large caveat. The caveat being that that person must be approved by the Executive Ethics Commission. So right now, for instance, the CTA already has an internal Inspector General. That person would still need to be approved now once… should this Bill pass by the Executive Ethics Commission. And ul… and the ultimate jurisdiction will reside in the Executive Inspector General. That person will trump the other Inspector Generals."

"Well, I think we're going to leave that… the goal of this Bill and the way it's written is to leave the discretion with the Inspector General because I don't think we can even imagine all the creative ways that we can get ripped-off in this state. I mean, the former Governor blew 09600160.doc 15  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011 my mind in some of the things he was doing, you know, none of us could ever anticipate. So, I don't know if we're going to have a conspiracy of a number of bus drivers, for instance hopefully never, but I think we need to leave it flexible enough to let the Executive Inspector General, should he wish or she wish to take over investigation, to have that opportunity because we don't know oftentimes where the tentacles might reach."

"They do and they still have to answer to them as well because it would still allow the Executive Inspector General to take over any investigation that the Executive which would choose to do.

"I think it is an important layer of checks and balances that we desperately need because otherwise if we don't do this it's going to continue with government by croning. Because the people who are on these boards are not there because of their expertise, Representative, they're there because of who they know, not what they know. I can tell you, in McHenry County, for instance, the only criteria to be on these boards is to be a former chairman 09600160.doc 16  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011 of the Republican Party. That's it. And these people are getting paid salaries. They're getting pensions. They're getting health care. It's really an egregious breach of what the taxpayer is going on. What we saw with Metra… I mean the… the people who are entrusted to oversee what's going on, they said they didn’t do it. They weren’t overseeing their friends. They wouldn’t look… they wouldn’t look closely at their own cronies. We have to stop business as usual. We have to end government by crony in this state. This is the way we start."

"Thank you."

Speaker Mautino: "Further discussion? The Gentleman from Winnebago, Representative Sacia."

"He indicates that he will."

"I can get that for you."

"I don’t know off the top of my head, but I can get that for you."

"Well, they’re employees. So if you don’t like what they say, they can fire you. And that’s why this Bill, I think, is so important because we are going to have an independent Executive Inspector General overseeing these. And it’s just… you know you should never have someone…"

"…who’s inspecting serve at the pleasure of those that are being inspected. Metra is a perfect example. The wrongdoing that’s been alleged was by the executive director. Could you imagine if the Inspector General had to say, listen, I got to investigate you and this is… I'm going to… and I found these bad things. The executive director is probably going to fire that Inspector General."

"Thank you."

Speaker Mautino: "Further discussion? The Gentleman from McLean, Representative Brady."

"Yes."

"Correct."

"Toll way."

"No, no. Those are separate ones."

"There all… Well, not all of them because the Executive Inspector General looks over the… those agencies that are under auspices of the executive."

"None, none."

"None."

"We don’t need… There’s no… there’s no expansion here. There’s no expansion of a new office. This is an existing office."

"And so what we’re saying is you’re already existing, you already have the ability, you already have the investigatory authority, and the ability and the power to do so. We’re asking you to take on this additional responsibility."

"They may."

"Okay."

"That’s a… They may have to hire some, and Mr. Meza, yesterday in committee, said that he may have to do so, but right now, we don’t know how much extra work there’s going to be, but never fear, I have a way to pay for it, okay, 09600160.doc 20  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011 should we do this. We have… I have Bills that I’ve filled that are trailer Bills that will take away the pension benefits in the future, as well as, all the pay in the future of these folks who sit on the boards, which is more than enough to cover. Additionally Metra, for instance, has spent over $1.2 million this year on an outside agency to look at some of the problems they’ve had. They’re budgeting for that right now. They can move that line item to pay for the Executive Inspector General. I don’t think it’s a hardship, and I don’t wish to make this a bigger issue than it is because it really, in the big scheme of things, it's a small amount of money. In the Senate, and there was no numbers yesterday, but in the Senate, when Mr. Meza testified, he indicated that if he nee…"

Speaker Mautino: "Would you please turn the mic back on? Gentlemen, bring your remarks to a close."

"…that if he needed it add additional…"

"It would be less than $2 million. Okay? And he had… he didn’t come up with those figures yesterday 'cause we don’t know how much he would need to, but assuming there is an expansion, we have ways of paying for it because those line items are already being utilized in these transit agencies."

"Well, actually, Representative, the Inspector General’s Office had some of its responsibilities taken away in the not too distant past, one that comes with DHS and others. I think, also, the Toll Highway Authority had been moved out as well. So, I think that the arguments you're making might have been well-founded before then, but I don’t think they have much validity now."

"Well, I just wanted to… I want the facts to come forward instead of mere opinion."

"Gentlemen. Gentlemen."

"Gentlemen."

Speaker Mautino: "Further discussion? The Gentleman from Crawford, Representative Eddy."

"Indicates that he will." 09600160.doc 22  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011

"They have to work within the collective bargaining agreements. There’s no expansion. That’s the current law."

"I'm not sure I understand your question."

"Yeah. What we’ve got is under these… That’s a good question because under these agencies, these local transit agencies, they’re under the local Whistle-Blower Protection Acts. And we were cognizant of that fact, and we wanted that to be included, quite frankly, in this Bill because those are stronger protections than the state ones."

"Right. Remember that any staff increase would have to be appropriated, which we control."

"And they’d have to sh… I mean, the fact of the matter is that they have the ability to oversea 16 thousand. You look at right now CTA, for instance, has their own Inspector General. Would the Executive Inspector General get involved in all of those? Most… probably not, you know, because if it’s going to be, as one of the other speakers had talked about, you know, someone driving a bus having a problem. I doubt that the Executive Inspector General would want to jump into that. They'd let the local handle it and then they could oversee it if they saw. So, I think that the estimates were, a) inflated but b) more importantly, ultimately we have the ability to appropriate."

"I don’t… All I saw was… it never came up in committee yesterday; that question was never asked. But in the Senate, they talked about under $2 million. I think that’s vast…"

"I would ask the Members of the House to please bring the noise level down." 09600160.doc 24  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011

"Give respect to the Representatives."

"A number."

"I… I don’t know. I mean, it’s a hypothetical, and we have… the Inspector General has until July to come up and let us show how much he’s going to be spending, but I can tell you what he testified to was under 2 million. But I also have to look at the savings to the state by rooting out the corruption that was in… If we would have had someone early on who was getting to the heart of this, we could have saved hundreds of thousands of dollars just in… by one individual."

"Well that’s why…"

"That’s not necessarily true because we could ta… we appropriate… For instance, we saw that Metra spent $1.2 million on some investigat… you know, investigation after the, you know, the cow had gotten out of the barn. My point is they’ve already allocated those type of funds for investigatory purposes. We could use those funds for the Executive Inspector General."

"Okay." 09600160.doc 25  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011

"Please bring your remarks to a close. I’ll grant you an additional minute because of the noise inside the chamber."

"Further discussion? The Gentleman from Cook, Representative Durkin."

"He indicates that he will."

"Excuse me, Jim."

"Excuse me, Representative. Please give the Members the due respect. They can’t hear above the noise within the chamber. Staff members and Members working other Bills, please bring the level down. Representative Durkin."

"Well, currently the CTA has an internal Inspector General authorized by ordinance to investigate allegations of wrongdoing by employees but not of board members. The Executive Inspector General would have that authority to look at board members and those executives, if that helps clarify." 09600160.doc 27  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011

"Yes."

"No, no. What we’re saying is the Executive Inspector General can take over an investigation that’s pending."

"Right. He can take over an investigation. That’s what I mean by the word 'trump'."

"Sure. If he doesn’t think were… Listen. If he thinks that the guy didn’t do a good enough job; if he thinks that maybe there was… like what’s happened here before, government by crony. And the guy wasn’t…"

"Let me finish my answer. No, it’s not a yes or no…" 09600160.doc 28  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011

"Yes. And he can open another investigation, if he doesn’t think that the first guy did a thorough enough job. And there’s a lot of reasons. If you don't…"

"If you want to pretend that things aren’t happening in this state, Mr. Durkin, please be my guest, but I know better."

"Executive Inspector General does."

"It could go to vendors as well."

"I mean we saw… we had a lot of problems under the last administration with contracts."

"So, that would have the same… it’s the same deal that we’ve been doing."

"Sure. That’s what we have now."

"What we’re doing is expanding the Executive Inspector General’s authority of the transit boards."

"It could be advisory. It could be conclusory as well. I mean it may be that what they… that they handle more of the local stuff. I presume the Executive Inspector General is not going to want to get into a dispute on whether a bus driver did something improper by maybe giving somebody a free ride. I presume that’s what they would handle at the CTA level."

"No."

"It give… it gives discretion where discretion needs to be given."

Speaker Mautino: "Further discussion? The Gentleman from Jasper, Representative Reis."

"He indicates he will."

"It did… no… it’s changed the Bill."

"Well, it hasn’t… I mean, it’s changed… it has changed the Bill, yeah, it has changed the Bill. I know however you want to look at the Senate vote, I think 54 of them voted ‘yes’ or 53."

"Oh, yeah, it was 38 to 12. And actually in testimony yesterday the Executive Inspector General testified for it and all of the transit agencies slipped in support. We’ve been in constant contact with them and that’s why we made some changes from the Senate Bill and we think… and now with all the transit agencies on board and the Executive Inspector General, we believe it’s an agreed Bill. There’s no one who’s objected to it."

"That would be correct."

"The Inspector General’s is completely independent. I’m not sure you understand…"

"No, it’s not. It’s its own office. It’s the Ethics… what’s the name of this? It’s the…"

"It’s all… No, they don’t. They do not serve at the pleasure of the Governor."

"Good. I’m glad. I think other people might have the same misconception. It’s a completely independent office and cannot… they do not serve at the pleasure of the Governor. They are appointed to a term and he was confirmed by the Senate I believe in November of 2010, much like the Auditor General."

"No, that… Representative, can I… can I explain a little bit?"

"Okay. Thanks. What we’re doing is right now we already have an Office of Executive Inspector General. That office is independent from the Governor’s Office."

"This Bill would expand the reach of the Office of Inspector General to be able to… the Executive Inspector General to also look at the transit boards. Th… But we’re not altering the powers whatsoever. What you’re seeing in your analysis is if the Office of Inspector General believes that there's been wrongdoing via… and then he writes up a summary report. It would empower the Governor to remove a board member who is found of wrongdoing, but there’s also a procedural safeguard for that board member to be able to defend him or herself in a public hearing. But this way it gives an ability to remove a board member. Right now the only way a board member, for instance, can be removed from Metra is if the board itself votes to remove the member. Now, they have no incentive whatsoever to remove themselves because they all got pretty cu… cushy jobs and that’s why they're not doing any oversight because they don’t want to rock the boat because why should they when they get 25 grand a year, pensions, and health benefits. Everything’s just swimming along just fine for these guys."

"Thanks."

"Further discussion? The Gentleman from Cook, Representative Colvin."

"Thank you, Mr. Speaker. Will the Sponsor yield? First of all, Representative Franks, I just want to say I support your Bill entirely." 09600160.doc 33  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011

"Thank you."

"And it goes right to the heart of something I’ve believed all along. Is that whenever you have individuals who are not entirely, in part, or in whole accountable to the voters, who are appointed and they have the stewardship of public dollars, it’s a recipe for malfeasance and some of the other things we’ve seen from boards all across state and city government with respect to… (audio interrupted) Hello… So, first of all, so I'd really like to commend you that we create an additional layer of security for the taxpayer assets, particularly those who make decisions that impact… impacts millions of people and also impacts millions of dollars. And the folks who serve on these boards do so at the pleasure of executives who… giving them the privilege of serving in the public’s interest. But we have to have some type of mechanisms in place to guard against those individuals who seek to make personal favor of public assets and I think this type of legislation is well overdue. We’ve seen time and time again abuse from appointed members of different boards who take advantage of taxpayer funds. I did have one question about one of the provisions in the Bill and it spoke to the issue of the Governor removing a member from one of the boards. And in your Bill, as I was reading through it here during the debate I wasn’t sure under the circumstance by which the Inspector General if he conducts an investigation and there is wrongdoing that is found. The Governor at that time can remove that board member?" 09600160.doc 34  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011

"Yes. After… and also that person has an opportunity to be publically heard if that individual wishes to have a hearing. But the Governor would have the ability to remove one who is found of wrongdoing by the Executive Inspector General, which is huge because right now you cannot remove anyone unless the board chooses. Can I give you an example Metra, again, unfortunately we keep having to go back to them, but a few years ago they had a board member by the name of Don Udsteun, again unfortunately from my county, who committed crimes, abused his position on that board. Steered contracts to his friends, took kickbacks, ended up spending time in prison because of it. Only way they removed him was after he was convicted of a felony. We shouldn’t have to wait for crimes to be committed to have to remove someone."

"Okay. I… I think I get your point. I think the only thing that I was hoping to raise by raising that issue is whether or not we’re being… I guess we’re giving the individual who’s being accused, I should say…"

"Right."

"…of mis… some wrongdoing, giving them the benefit of proving their innocence or perhaps the Inspector General offering up indisputable proof that someone’s guilty of some wrongdoing before the Governor would take the step of removing that individual. That being said, I think I understand your logic. I think this is an excellent idea. It’s an idea that, at this time, is welcome with regards to where we are in dealing with these boards. You, like me, are tired of reading story after story about people who 09600160.doc 35  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011 abuse their ability to issue contracts and jobs and other things and they're not directly responsible to the voters. Having this level of accountability, I think, will deal with a lot of those problems and I think it’s a good piece of legislation. And I urge everyone to vote ‘yes’."

"Thank you."

"Further discussion? The Gentleman from Cook, Representative Arroyo."

"Thank you. Would the Sponsor yield?"

"He indicates that he will."

"I stand in support of this Bill… of this IG Bill, but one question, Jack. Currently, right now, we have two agencies that have IGs and there’s two that don’t. Will they be hiring… would this give the right to these other agencies to be able to hire another IG?"

"If they choose too, nothing would prohibit it. Maybe… if they wanted to. There’s no mandate that they must, but this would allow them, should they choose, that they could hire their own internal Inspector General, but with the caveat that individual would have to be approved by the Executive Inspector General."

"Thank you, Jack. And I think that this Bill… there was a lot of mistakes done and this is going to be able to correct the mistakes that were done so these agencies can move forward. I want to thank you for this Bill, again, Jack. And I urge everybody for an ‘aye’ vote. Thank you."

"Further discussion? The Gentleman from Cook, Representative Dunkin."

"Thank you, Mr. Speaker. Will the Sponsor yield?" 09600160.doc 36  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011

"He indicates he will."

"Representative, currently is there a process of removal for board members or at least there’s an invest… can we do a background check or an investigation on board members?"

"No. There’s not even any qualifications to be a board member. That’s what so absurd about what’s going on here. I’ve got follow-up Bills that I’d like to do to have these guys appointed… elected rather than appointed. There is no qualifications. I’m telling you, all the people from McHenry County, they’ve been appointed simply because they were former chairmen of the Republican Party and in one case, a former Senator… a State Senator, but without any transportation expertise whatsoever. And there’s no way to get these people removed unless the board themselves ask for them to be removed, and they’re not going to do that because they’re all… they’re all appointed because of who they know. It’s all political appointments and it’s the… it’s the quintessential example of government by cronyism that we have in this state."

"So is there any push back from the Governor’s Office? Are they in support of this legislation?"

"The Governor’s Office did not weigh in, but all the transit boards did as did the Executive Inspector General. I… I’d be shocked if the govern… Governor, with his background in good government, would not be for this Bill."

"So, this is the… this is what the people of Illinois want. This is… is this good government?" 09600160.doc 37  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011

"Yeah. It’s a good start. We have a long way to go. We’ve had a few starts recently, but this will continue toward that path. This is long overdue."

"All right. To the Bill. Thank you, Mr… Representative. I think this is a… certainly a step in the right direction. I’m impressed that we are at this juncture where we are starting to have a respectable approach in our appointments in our process here in government with the taxpayers' money. This level of transparency and responsibility is required and needed. Thank you for the legislation, Representative Franks."

"Further discussion? The Gentleman from Cook, Representative Davis… Will Davis." Davis, W.: "Thank you, Mr. Speaker. Sponsor yield?"

"Sure." Davis, W.: "Absolutely. Thank you very much, Representative. When I… when I see Bills like this, I guess what I want to make sure that I understand so let me begin by asking this question. Is this Bill in some respect a response to the unfortunate incident that happened with Metra…"

"Yes. It’s…" Davis, W.: "…with the former executive director."

"Yeah. It’s a trag… It is in response quite frankly and we should have done it before. But it is in response and I’m sorry we hadn’t done this previously 'cause maybe we could have averted a real tragedy." Davis, W.: "So… so having said that when this Inspector General investigates at least in that case… So… so since we were talking about somebody that was hired by the board is it 09600160.doc 38  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011 that he recommends to the board that an individual be removed from their position because of his or her findings on issues like that?"

"The Executive Inspector General would do what’s known as a summary report and that would go to the Governor. And the Governor would then determine whether he wished to take that action to have someone removed, but if the Governor did choose to do that, the individual who was accused of the wrongdoing would be entitled to be publically heard. And the Governor is under no obligation to remove, but right now the system doesn’t really allow for any removal from these board positions. Remember, these positions are not elected. They’re simply appointed and they're appointed, you know, in my mi… in our instance by, you know, county board chairmen." Davis, W.: "Well, that’s why I want to make sure I understand because as I’ve heard the debate from other members a lot of emphasis has been talked about the Governor and the Governor’s ability to remove board members. In that case, we’re talking about someone that was hired by the board and that individual apparently may have, you know, engaged in some elicit activity. So, in that situation, is it that the Inspector General would then make a recommendation to the board that this individual be removed?"

"Anyone who’s an employee would go to the board of that agency. If it was a board member, then it would go to the Governor." Davis, W.: "A board member would go to the Governor, but… but… So, this Inspector General can investigate employees." 09600160.doc 39  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011

"Correct." Davis, W.: "And if he fi… if he or she has findings relative to employees, he can make a recommendation to the board. Is it the same… he makes a report to the board."

"Correct." Davis, W.: "Here are my findings and then the board…"

"They can get…" Davis, W.: "But the board is not required to take action, correct?"

"Correct. Nor is the Governor." Davis, W.: "Nor is the Governor. So… so, in the situations where we have these things, now… and I can appreciate, you know, a recommendation by someone to take action in some way. I can appreciate that, but if we or this individual does have substantial findings and finds whatever the activity is and it’s inappropriate, while we would expect action to be taken, but there’s no guarantee that action can be taken. So, how do we… you know, how do we ensure because I don’t know a lot about these boards but I think on a lot of these boards there’s a lot of cronyism, a lot of, you know, things of that nature that… that happen. So people on these boards they hire their friends and they may not be inclined to take action against their friends unfortunately so if that is in indeed found is there anything that creates an… creates some recourse where if the board doesn’t take action something else may happen particularly if that Inspector General finds that there is indeed fraud, misuse, waste, whatever the case may be?" 09600160.doc 40  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011

"That’s… that’s a good point and there’s probably a two- part answer to your question. First of all, if it’s… if it’s a board member and the Executive Inspector General comes with a finding of malfeasance or misfeasance or wrongdoing and the Governor in his or her decision decides not to do something, I mean, that’s why we have elections. Because these are… this would be… this will be made public and if the Governor decides, no, I’m not going to punish a crony because, you know, he gave me 25 grand, you know, last election, then he’s going to have to answer to the public for that, or if it’s because, you know, my sister- in-law's, you know, idiot brother, that’s why I’m not going to do anything. Understood. Now, for an employee though there are already things set in statute that if the board would not respond then I believe it goes to the EEC can then make its own finding. Oh then what they would do is then make that report public and then, again, putting more pressure. I guess the problem is we don’t want to give the ultimate authority to the Executive Inspector General to be judge, jury, and executioner." Davis, W.: "I… I mean, I can appreciate that, but again, as I understand some of these boards because of the relationships that exist I’m just trying to… not that this Bill can ensure that action is indeed taken, but I guess I’m just raising that as a major concern that I have because someone may find that there is something wrong and make that presentation to the appropriate people but still there’s no guarantee that that individual or that board, if that’s the case, would then subsequently take action in on 09600160.doc 41  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011 that. And while I can appreciate public pressure but sometimes in certain communities in certain areas when you’re dealing with certain race and ethnic groups public pressure really doesn’t mean anything."

"Right." Davis, W.: "You know, it really doesn’t. And if the board members don’t take action to remove an employee, does that mean that they are now subject in some way to some action by the Governor?"

"No." Davis, W.: "But if that action isn’t against the board members then they’re not subject to that."

"No." Davis, W.: "So because of their ina… because they didn’t take action, there’s really no…"

"Right. But that doesn't work." Davis, W.: "…there’s no hammer."

"Yeah, yeah. I understand your concern. And I guess that… that could… goes through all parts of government unfortunately. But hope… but now I think we’re going to have a lot more accountability because we have an executive who’s independent which we have not had before and if it doesn’t work, Representative, let’s come back and change it." Davis, W.: "Okay."

"But I think let’s… let’s give this a shot…" Davis, W.: "Right."

"…and see how it works." 09600160.doc 42  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011 Davis, W.: "And I’m asking and I’m not saying that this… this is certainly a step in the right directions, certainly something that we need to do. We need to have this type of oversight on these boards because in my experiences in dealing with these… these companies or these entities like Metra, Pace, you know, whatever, when I…"

"Gentlemen, please bring your remarks to a close." Davis, W.: "I will. When I bring forward issues on minority contracting, what there… what appears to be the fact that they aren’t making opportunities for minorities, you know, I want these types of things to be raised and looked into as well. So, I hope that this individual, he or she, will have the opportunity to investigate those types of allegations as well, which are not necessarily allegations of misuse or fraud but fairness and have the opportunity to bring those types of things forward as well. And I certainly do encourage all Members of this Body to support your imitative. Thank you very much."

"Thank you."

Speaker Mautino: "Our final speaker will be Representative Moffitt, the Gentleman from Knox."

"He indicates he will."

"Well…"

"Oh, how many additional employees that the In… Executive Inspec…"

"That he’ll need. We don’t know that yet."

"And that’s why, I think he has until July to come up with those ideas, but remember ultimately we’re the ones who are going to determine the appropriation whether it’s reasonable. Because even though he’ll have the ability to oversee 16 thousand additional employees it doesn’t mean that he’ll necessarily exercise it. Especially if these transit boards have their own Inspector Generals and probably at the lower levels he’s not going to get involved unless it… there’s something unexpected."

"Correct."

"Well, there was. In the Senate committee when the… when the Executive Inspector General testified, he testified there wa… that he thought it would be an additional 1.9 million."

"I have his written testimony to that affect."

"You talking about the findings of the Executive Inspector General?"

"The Executive Ethics Commission receives those reports."

"Correct."

"Thank you."

"The Gentleman from McHenry to close."

"Oh, thank you. I appreciate the spirited debate and the keen insights that were shared on the floor. I want to rebut one issue on the question of the cost. The cost we’re not sure of and I appreciate the previous speaker bringing that up, but the fact of the matter is these transit agencies have already budgeted for these types of investigations. We can, as a General Assembly, use line items appropriately to make sure they’re put were we need them for these investigations. Additionally, what I'd like to see is taking away of the benefits of these members on the board going forward and not paying their health care benefits, no longer putting in for pensions, and no longer paying them. Those figures alone would cover the estimate of the Executive Inspector General. Ladies and Gentlemen, I ask for your ‘aye’ vote here. I think it’s critically important to our state to continue to move forward to recover from our culture of corruption that’s seized every 09600160.doc 45  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011 level of our government. We’ve seen it happen over and over again. We have to rise up and quit being the laughing stock of the entire nation when it comes to ethics. This is a strong movement forward. This will be a watch dog with real teeth. We need an independent Inspector General for the transit boards. We can no longer afford government by crony. I ask all of you for an ‘aye’ vote."

"The Gentleman has moved passage of Senate Bill 3965. All in favor vote ‘yes’; opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Boland, Cultra, Moore, Walker, do you wish to be recorded? Mr. Clerk… Representative Boland, do you wish to be recorded? Mr. Clerk, take the record. 92 voting ‘yes’, 21 voting ‘no’, 1 voting 'present'. Senate Bill 3965, having received the Constitutional Majority is declared passed. On page 5 of the Calendar appears Senate Bill 2525, Representative Reitz. Mr. Clerk, read the Bill."

"Representative Reitz."

"Thank you, Mr. Speaker. This is a Bill we took out of the record earlier. We have met with CMS and for clarification, adult children that are currently provided life insurance at the parents' cost is currently 24. It is moving to 26 to just be consistent with the other federal mandates and to be consistent with the IRS tax exempt status for all the premiums." 09600160.doc 46  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011

"The Gentleman has moved passage of Senate Bill 2525. No one seeking recognition… Representative Rose."

"The Gentleman moves passage of Senate Bill 2525. All in favor vote ‘yes’; opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. 113 voting ‘yes’, 0 voting ‘no’, 1 voting ‘present’. And Senate Bill 2525 is declared passed. On Supplemental Calendar #1 appears Senate Bill 3952, under Senate Bills- Second Reading. Representative Burns. Mr. Clerk, read the Bill."

"Third Reading. On the same Calendar, Senate Bill 1927. Representative Reitz. Mr. Clerk, read the Bill."

"Third Reading. Under the Order of Resolutions is House Joint Resolution 1570. Representative Mendoza. House Resolution 1570." 09600160.doc 47  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011

"Thank you, Mr. Speaker. I appear to be having some technical difficulties, but I would like to talk about House Resolution 1570. This Resolution is simply a call for our U.S. Congress to go ahead and enter into negotiations with the Republic of Turkey for a free trade agreement. Currently Turkey is undertaking free trade agreements with several different countries. They have 14 existing free trade agreements. And this is not specific in terms of what should be in the agreement. It’s just a request on our behalf or an acknowledgement from the Illinois General Assembly to our member of the U.S. Congress to please go ahead and initiate the negotiations with U.S. House Resolution 1748 with Turkey. So, I would ask… be happy to answer any questions, but I would ask for your support of this Resolution today."

Speaker Mautino: "The Lady has moved adoption of House Resolution 1570. No one seeking recognition, all in favor say ‘yes’; opposed ‘no’. In the opinion of the Chair, the ‘yeses’ have it. And House Resolution 1570 is declared adopted. Representative Will Davis, on page 2 of the Calendar, under House Bills-Second Reading, appears House Bill 1454. Out of the record. Page 2 of the Calendar is House Bill 1515. Representative Howard. Read the Bill."

"The Lady from Cook, Representative Howard." 09600160.doc 48  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011

"Yes. Thank you, Mr. Speaker. House Amendment #1 for House Bill 1515 would do a couple of things. At least four things for the Charitable Trust Stabilization Fund a fund that was established a couple of years ago to assist community based and not-for-profit corporations. It would clarify that preferences would be given to the smaller charitable organizations. It would allow grants and loans for operational purposes. It would allow the committees to employ staff if need be. It would allow the committee to enter into contracts and transfer funds to the administrator in order to further its mission. I will accept questions."

"The Lady has moved adoption of Floor Amendment #1. All in favor say ‘yes’; opposed ‘no’. In the opinion of the Chair, the ‘yeses’ have it. And the Amendment's adopted. Mr. Clerk, further Amendments?"

"Third Reading. And read the Bill."

"The Lady from Cook, Representative Howard."

"Yes. Thank you again, Mr. Speaker. I think that I have explained what the Bill is about and what the Amendment is going to do. I would ask that my colleagues give me 'green' votes. Thank you."

"The Lady moves passage of House Bill 1515. All in favor will vote ‘yes’; opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. 114 09600160.doc 49  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011 voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’, House Bill 1515 is hereby declared passed. Page 5 of the Calendar, under Senate Bills-Third Reading, is Senate Bill 3383, Representative Sente. Mr. Clerk, read the Bill. Mr. Clerk, place that Bill on Second Reading. Representative Sente on Floor Amendment #2. The Lady from Lake, Representative Sente."

"We’re moving to adopt the Amendment. I move to adopt Amendment 2 to this Bill."

"Lady moves to adopt Floor Amendment #2 to Senate Bill 3383. All in favor will say ‘yes’; opposed ‘no’. Opinion of the Chair, the ‘yeses’ have it. And Amendment #2 is adopted. Mr. Clerk, further Amendment?"

"Third Reading. Take this Bill out of the record. House Bill 1454, Representative Will Davis. Representative Will Davis. Representative Davis on Floor Amendment #1." Davis, W.: "Thank you very much, Mr. Speaker. Ladies and Gentlemen, on House Floor Amendment #1 to House Bill 1454, which we had in committee earlier today, is an effort to better design… define an add… let me catch my breath here. It’s an effort to better define the target market program with IDOT. It’s an effort… a program that will allow them to increase the number of minorities and women-owned businesses that will be able to have opportunities or access to contracting opportunities with the state. I’ll be more than happy to answer any questions." 09600160.doc 50  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011

Speaker Mautino: "The Gentleman moves adoption of Floor Amendment #1. No one seeking recognition, all in favor say ‘yes’; opposed ‘no’. The ‘yeses’ have it. And the Amendment is adopted. Mr. Clerk, further Amendments?"

"Third Reading. Mr. Clerk, read the Bill."

Speaker Mautino: "The Gentleman from Cook, Representative Davis." Davis, W.: "Thank you very much, Mr. Speaker. Earlier this year… or during Veto Session, I’m sorry, we attempted to create an opportunity that would allow IDOT more flexibility in allowing for minority contractors on its… on its… in terms of road projects and… road projects and those projects associated to IDOT. As we move forward, this Bill creates a program that creates and allows an opportunity again to help IDOT with that flexibility in terms of bringing in more minority opportunities… more minority companies both women-and minority-owned businesses into the program. It allows the director of procurement to identify specific contracts where he can put in… that he can put into what is called the 'target market program'. Again, a program that will allow for increased opportunities for… for minorities. Be more than happy to answer any questions."

"The Gentleman has moved passage of House Bill 1454. And on that question, the Gentleman from Jasper, Representative Reis." 09600160.doc 51  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011

"He indicates that he will."

Speaker Mautino: "Further discussion? The Gentleman from McHenry, Representative Tryon."

"Indicates that he will."

"Gentleman has moved passage of House Bill 1454. And all in favor will vote ‘yes’; opposed vote ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Lang, Representative Moore, do you wish to be recorded? Representative Moore. Mr. Clerk, take the record. 114 voting ‘yes’, 0 voting ‘no’, 0 voting ‘present’. House Bill 1454 is declared passed. Page 5 of the Calendar, under Senate Bills-Third Reading, appears Senate Bill 3383. Mr. Clerk, read the Bill."

"Representative Sente." 09600160.doc 55  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011

"Okay. Senate Bill 3383 or budgeting for outcomes is a companion Bill in continuation of the performance based budgeting legislation that we passed in May. It does have some healthy additions. Number 1) revenue projections are now currently based on revenues…"

"Excuse me, Representative. Would you mind taking the Bill out of the record for a moment? We’ll come back to it."

"Certainly."

"Mr. Clerk, take this Bill out of the record. The Lady from Lake, Representative May is seeking recognition."

"Yes, Mr. Speaker. If there's a lull in the action, I just would like to call to the attention of the Body a very important month. It’s Radon Action Month in the State of Illinois and our own Illinois Emergency Management Agency, which does a very good job dealing with radon awareness in this state, announced yesterday a grant that will help 50 school districts help test professionally for radon. So Members of the Assembly such as Representative Dan Reitz did the fist radon awareness Bill and I’d like to thank Representative Eddy who helped me draft an awareness Bill for testing of our schools for radon. Radon is a gas that can cause people to get lung cancer. Twelve hundred people die of lung cancer from radon every year in the State of Illinois. So, for those of you who are not aware of radon I hope that you will look into it, encourage people to test for radon, and encourage your school districts to apply for 09600160.doc 56  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011 these grants we have to now help them test for radon. Thank you very much."

"Thank you, Representative. And in honor of radon, we will open a window. The Gentleman from Bond, Leader Stephens."

"Appreciate your remarks. Mr. Clerk, on page 5 of the Calendar appears Senate Bill 3383. Read the Bill."

"The Lady from Lake, Representative Sente."

"Thank you, Speaker. Senate Bill 3383, or budgeting for outcomes, is a companion Bill in continuation of the performance based budgeting legislation we passed in May. It makes numerous healthy additions. When we're projecting revenue for the current year's budget, the revenue will now be based on revenues actually in place, revenues passed by the General Assembly and revenues authorized to be collected in the current year. The Bill will result in bringing the GOMB's estimate… revenue estimate closer to COGFA's estimate that we get in March. Secondly, essential governmental services are defined as including, but not limited to, our pension obligation and debt service. They will be paid first before we will be dividing up the rest of the pie, assigning other items to the budget. Third, labor agreements will not extend beyond the fiscal year of 09600160.doc 57  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011 the current administration, so the hands will not be tied of future administrations. Fourth, grant programs will sunset in July of 2012 and every five years unless the General Assembly reviews it, then it will continue. We do have some exceptions for some of the grant programs. Five, the Governor will present his annual budget priorities with a set number of overarching goals, the outcomes their… the outcomes they are expecting for each of those goals. Their work with the Governor appointed commission that will be presented to us in November 1st. This gives the General Assembly additional time to review and by Joint Resolutions if they wish, comment on those goals. I'm happy to take questions."

"The Lady has moved passage of Senate Bill 3383, and on that question the Gentleman from Crawford, Leader Eddy."

"She indicates she will."

"No. That's not exactly as it is stated. So, what we're trying to prevent is what happened most… in the most recent election. We want all the labor agreements to be negotiated with the current administration and not to extend beyond that administration's term, actually, the end of the fiscal year of that current administration. That also includes any wage or benefit changes."

"None. The restriction is on the existing administration. There are not restrictions when a new Governor comes in."

"And so the new Governor can again only negotiate contracts that would go within his or her at the end of the fiscal year of their last year."

"Correct."

"June 30."

"Correct."

"The current Governor can collectively bargain to the very end of their term."

"The current Governor can collectively bargain to the very end of their term. They just cannot enter into a contract that extends beyond the first year of the next Governor's term."

"I don't understand the six-month question."

"So, from the beginning of a new administration until June 30 wages and benefits cannot increase from an old administration."

"It would end when the contract ends; it would not be affected."

"It would not end. It would end when that contract ends."

"Correct."

"Yes. That is the intent, so grant programs would all sunset July 2012 and every five years. It would allow the General Assembly a chance to review if the grant program is actually meeting its intended goal and then by Joint… via Joint Resolution, would have the opportunity to continue that grant or not."

"It actually does end the grant. And so at any time before that five-year period or before July 2012 the General Assembly has the opportunity, via Joint Resolution, to review that grant and continue it. So, it does actually sunset…

"Well…"

"This is…"

"Correct."

"That's a good way to state it. That's exactly what it's doing.

"Thank you."

"Further discussion? The Gentleman from Cook, Representative Harris." Harris, G.: "Thank you, Mr. Speaker. Will the Sponsor yield? So, Representative, I also wanted to follow along some of the questions that Representative previous was asking to clarify the intent of this legislation. So, for the purposes of defining essential government services in Section 50 that is left to the discretion of the Governor?"

"Correct. Harris, G.: "Thank you. As we discuss the Section dealing with grants, it's your intention that the grants that are subject to the sunset in review do not include grants such as Medicaid, the AIDS Drug Assistant Program, ICC… IBCCP, or other grants of that nature which are fee-for-service grants?"

"Correct. Fee-for-service grants and grants that go directly to individuals, you mentioned Medicaid and TANF, are excluded from this." Harris, G.: "Thank you. And to the previous speaker's point I think we all need to realize that as we now have the responsibility to review and approve these programs going forward in a timely matter or to make the affirmative decision to discontinue them going forward in a timely 09600160.doc 63  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011 matter. As we think about programs like our senior programs, our youth programs in our district, the responsibility is going to be on us to act in a timely matter to be sure that those reviews are done and the appropriate decisions are made."

"Absolutely." Harris, G.: "But I do think it gives a very important accountability back to this Body and I thank you for making this effort."

"Thank you, Representative."

Speaker Mautino: "Further discussion? The Gentleman from Champaign, Representative Rose."

"Yes."

"Indicates that he will… she will."

"The negotiation of the AFSCME contract."

"Shortly before the election."

"Yes."

"The purpose of this legislation is to make sure that…"

"I don't know what specifically you'd like me to be referring to." 09600160.doc 64  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011

"I can't answer that… the details of that negotiation."

"Correct."

"Thank you."

"Representative Sente to close."

"The state is in a serious situation. We have a budget and a process that doesn't work. We're looking to change that budget process and what we passed in May and what we're looking to pass today is very important. It is not saying that we do not value the services that are provided by any of these entities, that a grant program perhaps is not extremely valuable. It is addering… adding a layer of accountability and transparency that this state needs to make sure we rein in where our budget is today. That is what we're doing; that is what we're asking for. And I urge your 'aye' vote."

"The Lady moves passage of Senate Bill 3383. All in favor vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? 09600160.doc 65  STATE OF ILLINOIS 96th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 160th Legislative Day 1/5/2011 Have all voted who wish? Representatives Brauer, Coulson, Hoffman, do you wish to be recorded? Representative Turner, Representative Howard? Mr. Clerk, take the record. 85 voting 'yes', 26 voting 'no', 3 voting 'present'. Senate Bill 3383, having received the Constitutional Majority, is hereby declared passed. Representative Flowers. Representative Hernandez is seeking recognition."

"Yes, can I… I inadvertently pressed the wrong button. Can you put me down for 'present' on the last…"

Speaker Mautino: "The Lady… the record will reflect your intentions. The Gentleman from Cook, Representative D'Amico is seeking recognition."

"The Journal will reflect your intentions. Mr. Clerk, Agreed Resolutions."

"Majority Leader Currie moves that the House adopt the Agreed Resolutions. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. And the Agreed Resolutions have been adopted. Mr. Clerk, committee announcements."

"And now allowing perfunctory time for the Clerk, the House… Representative Currie moves the House adjourn 'til Thursday, January 6 at the hour of 10 a.m. All in favor say 'yes'; opposed 'no'. The 'yeses' have it. And the House stands adjourned."