"House Perfunctory Session will come to order. Rules Report. Representative Currie, Chairperson from the Committee on Rules reports the following committee action taken on April 11, 2011: approved for floor consideration is Floor Amendment #3 to House Bill 94, Floor Amendment #5 to House Bill 585, Floor Amendment #4 to House Bill 786, Floor Amendment #3 to House Bill 991, Floor Amendment #1 to House Bill 1091, Floor Amendment #3 to House Bill 1218, Floor Amendment #2 to House Bill 1398, Floor Amendment #3 to House Bill 1415, Floor Amendments 2 and 3 to House Bill 3040, Floor Amendment #1 to House Bill 3129, Floor Amendment #4 to House Bill 3294, Floor Amendment 2 to House Bill 3403, and Floor Amendment #5 to House Bill 3449. Representative Arroyo, Chairperson from the Committee on Appropriations-Public Safety reports the following committee action taken on April 11, 2011: do pass as amended Short Debate is House Bill 2167. Representative Riley, Chairperson from the Committee on Appropriations- General Services reports the following committee action taken on April 11, 2011: do pass as amended Short Debate is House Bill 2109. Representative Hernandez, Chairperson from the Committee on Appropriations-Elementary & Secondary Education reports the following committee action taken on April 11, 2011: do pass as amended Short Debate is House Bill 326. Senate Bills-First Reading. Senate Bill 167, offered by Representative Tracy, a Bill for an Act concerning local government. Senate Bill 1280, offered by Representative Hays, a Bill for an Act concerning finance. Senate Bill 1753, offered by Representative Connelly, a 09700040.doc 1 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011 Bill for an Act concerning civil law. Senate Bill 1862, offered by Representative Mathias, a Bill for an Act concerning State government. Senate Bill 2056, offered by Representative Reis, a Bill for an Act concerning transportation and Senate Bill 2232, offered by Representative Hays, a Bill for an Act concerning finance."
Speaker Lyons: "Good afternoon, Illinois. Your House of Representatives will come to order. Members are asked to please be at your desks. We shall be led in prayer today by Rabbi Barry A. Marks, who is with Congregation Temple Israel in Springfield, Illinois. Rabbi Marks is the guest of Leader Barbara Flynn Currie. Members and guests are asked to refrain from starting their laptops, turn off all cell phones and pagers, and rise for the invocation and the Pledge of Allegiance. Rabbi Marks."
"Creator God, eternal spirit of the universe, we thank You for Your gifts of life, health and sustenance of love and friendship. We are grateful for the blessings of freedom which we enjoy in this country. We're thankful for the joy and the fulfillment that come to us through family and community. We acknowledge our dependence on You and our interdependence on each other. Our personal achievements owe much to the efforts of teachers, parents and mentors who have guided us. Our own well-being is linked to that of our neighbors and to the vibrancy and strength of our communities and their institutions. The challenges of legislating and governing in times such as these are daunting. Grant, we pray, grant us the vision, the courage, the wisdom, and the perseverance to fulfill 09700040.doc 2 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011 our responsibilities to the citizens of this state, and to make the difficult decisions that must be made. Bless all of us with the light of Your presence, and in these times of turmoil and trouble in our world, bestow upon us Your most precious gift, peace in the world without, peace within our hearts and our souls, Amen."
"Representative Camille Lilly, will you please lead… lead us in the Pledge."
"I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."
"Roll Call for Attendance. Representative Bost, the GOP."
"Thank you, Mr. Speaker. Let the record reflect that Representatives Beaubien, Fortner, and Mulligan are excused today on the Republican side of the aisle."
Speaker Lyons: "Thank you, Representative. Leader Barbara Flynn Currie, Democrats."
"Thank you, Speaker. Please let the record show that Representatives Feigenholtz and Golar are excused today."
"Thank you, Leader Currie. Mr. Clerk, take the record. There's 112 Members responding to the Roll Call, we have a quorum and prepared to do the business of the State of Illinois. Mr. Clerk. Mr. Clerk, we have a little housekeeping to do here on page 21 of the Calendar. We have House Bill 1810. What's the status of that Bill, Mr. Clerk?" 09700040.doc 3 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011
"House Bill 1810 is on the Order of House Bills- Third Reading."
"Mr. Clerk, move that Bill to the Order of First Reading, and read the Bill, Mr. Clerk."
"House Bill 1810, a Bill for an Act concerning civil law. First Reading of this House Bill."
"Put the Order on… put that Bill on the Order of Second Reading. Mr. Clerk, what is the status of House Bill 3005, 3005?"
"House Bill 3005 is on the Order of House Bills- Third Reading."
"Mr. Clerk, put that Bill on the Order of First Reading and read the Bill, Mr. Clerk."
"House Bill 3005, a Bill for an Act concerning parentage. First Reading of this House Bill."
"Put that Bill on the Order of Second Reading. Representative Barbara Flynn Currie."
"Thank you, Speaker. I would move to suspend the posting requirements so that House Bill 1879 can be heard in the committee on the Executive, and House Bill 3467 in Environmental Health."
"You've heard…"
"I know of no objection."
"…the Lady's Motion. Seeing no objection, all those is favor signify by saying 'yes'; those opposed say 'no'. And the waiver is agreed to. Mr. Clerk, on Supplemental Calendar #1, we have House Bill 326. Read the Bill, Mr. Clerk." 09700040.doc 4 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011
Clerk Mahoney: "House Bill 326, a Bill for an Act making appropriations. Second Reading of this House Bill. Amendment #1 was referred to committee. No Floor Amendments. No Motions filed."
"Third Reading. What's the status, Mr. Clerk, of House Bill 2109, 2109?"
"House Bill 2109, a Bill for an Act concerning appropriations. Second Reading of this House Bill. Amend… Amendment #1 was referred to committee. No Floor Amendments. No Motions filed."
"Third Reading. Now, what's the status of House Bill 2167?"
"House Bill 2167, a Bill for an Act concerning appropriations. Second Reading of this House Bill. Amendment #1 was referred to committee. No Floor Amendments. No Motions filed."
"Put that Bill on the Order of Third Reading. Ladies and Gentlemen, if we could have your attention, please. We just have for the purpose of an announcement. I think everybody received a handout on the floor with regard to Amendments. Members should plan on getting their substantive Amendments filed by Wednesday, this Wednesday, April 13 by 12 noon. If you have a technical Amendment, have that filed no later than Thursday, April 14 at 12 noon. Is everybody aware of the handout on Amendments? Please take note on this. I'm announcing it as we start. The Clerk will announce it before we leave, but Amendments, there's a deadline for Amendments both substantive and 09700040.doc 5 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011 technical. Thank you. Representative Ron Stephens, for what purpose do you seek recognition, Sir?"
"A point of personal privilege, Mr. Speaker."
"Please proceed."
"Thank you. In the gallery, on the Democrat side, is a good friend of mine and county board member from St. Clair County, Bill Blair. Bill, stand up."
"Welcome to Springfield. Enjoy your day, sir. Ladies and Gentlemen, we're going to go on with the priority list. We're going to start with some Second Readings, if Members are on the floor. If Amendments are ready, we'll run them. If not, if you just want to move them to Third, whatever the case may be. Representative John Bradley, you have House Bill 1908. Read the Bill, Mr. Clerk."
"House Bill 1908, a Bill for an Act concerning criminal law. Second Reading of this House Bill. Floor Amendment #1, offered by Representative Bradley, has been approved for consideration."
"Representative John Bradley on Floor Amendment #1."
"This is an Amendment. It was suggested by the Department of Corrections. It would take away their objection. I'd ask for an 'aye' vote."
"You've heard the Gentleman's explanation. Are there any questions? Seeing none, all those in favor for the adoption of Amendment #1 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' 09700040.doc 6 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011 have it and the Amendment is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Jehan Gordon, on page 7 of the Calendar, on the Order of Second Reading, you have House Bill 1384. Out of the record. Representative Lisa Hernandez. Representative Hernandez, you have, on the Order of Second Reading House Bill 1241. 1241, Lisa. Do you want to move that Bill? Out of the record. Naomi Jakobsson, you have two Bills on Second Reading, Naomi. The first one is House Bill 3045. 3045. Out of the record. Your second Bill on Second Reading is 3264. House Bill 3264. Read the Bill, Mr. Clerk."
"House Bill 3264, a Bill for an Act concerning safety. Second Reading. No Amendments. No Motions filed."
"Third Reading. Representative Patti Bellock, on the Order of Second Reading, you have House Bill 2942. Out of the record. Representative Mike Bost, on the Order of Second Reading, Mike, you have House Bill 2557. Read the Bill, Mr. Clerk."
"House Bill 2557, a Bill for an Act concerning local government. Second Reading of this House Bill. Floor Amendments 1 and 2 have both been approved for consideration."
"Representative Bost on the…"
"Thank…"
"…Floor Amendment #1." 09700040.doc 7 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011
"Thank you, Mr. Speaker. Floor Amendment #1 is the implementation of the language set forth by IDOT that would allow money to be transferred back to these road districts in… in a way that they… they believe would work properly."
"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, all those in favor of the adoption of Floor Amendment #1 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment’s adopted. Anything further, Mr. Clerk?"
"Floor Amendment #2 offered by Representative Bost."
"Representative Bost on Floor Amendment #2."
"Mr. Speaker, this just… just clarifies the language of how to split those same road districts up."
"You've heard the Gentleman's explanation. All those in favor of the adoption of Floor Amendment #2 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment’s adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Durkin, you have several Bills on the Order of Second Reading, Jim. First one is House Bill 186. 186. Read the Bill, Mr. Clerk."
"House Bill 186, a Bill for an Act concerning courts has been read a second time previously. No Amendments. No Motions filed."
"Third Reading. Your second Bill, Jim, is House Bill 1715. Read the Bill, Mr. Clerk. 1715." 09700040.doc 8 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011
"House Bill 1715, a Bill for an Act concerning government. Second Reading of this House Bill. No Amendments. No Motions filed."
"Third Reading. The next Bill is House Bill 1716. Read the Bill, Mr. Clerk."
"House Bill 1716, a Bill for an Act concerning government. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. And the last on the order of Durkin is House Bill 2582. Read the Bill, Mr. Clerk."
"House Bill 2582, a Bill for an Act concerning criminal law. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Representative Dwight Kay, you have, on the Order of Second Reading, Representative, House Bill 2585. Read the Bill, Mr. Clerk."
"House Bill 2585, a Bill for an Act concerning Corrections. Second Reading of this House Bill. Floor Amendment #1, offered by Representative Kay, has been approved for consideration."
"Representative Kay on Floor Amendment #1."
"Thank you, Mr. Speaker. Again, to the Amendment which becomes the Bill. This provides that possession of more than one of the same film, video tape, or vision reproduction or depiction by computer in which child pornography is depicted is a Class X felony for which the defendant shall be sentenced to a term of imprisonment of 09700040.doc 9 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011 not less than 9 years, and not more than 40 years. Thank you, Mr. Speaker. I…"
"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, all those in favor for the adoption of Floor Amendment #1 signify by saying 'yes'; those opposed by saying 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Renée Kosel, on the Order of Second Reading, you have House Bill 2974. Representative Kosel, thank you for your patience of 2974. Read the Bill, Mr. Clerk."
"House Bill 2974, a Bill for an Act concerning local government. Second Reading of this House Bill. Amendment #1 was adopted in committee. Floor Amendment #2 was referred to the House Committee on Rules. No Motions filed."
Speaker Lyons: "Representative, your Amendment is still in Rules, so I have to hold that temporarily. Out of the record. Out of… Mr. Clerk, what's the status of House Bill 2974?"
"House Bill 2974 has been read a second time."
"Representative Kosel."
"Yes. I would like to move the Bill to Third, please, and withdraw… I'm going to withdraw that Amendment, the second Amendment, thank you, that's still in Rules." 09700040.doc 10 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011
"Mr. Clerk, move that Bill to the Order of Third Reading. Representative Sid… Sid Mathias, you have House Bill twen… 3283. Read the Bill, Mr. Clerk."
"House Bill 3283, a Bill for an Act concerning criminal law. Second Reading of this House Bill. Floor Amendment #1, offered by Representative Mathias, has been approved for consideration."
"Representative Mathias on Floor Amendment #1."
"Actually, we're still working on another Floor Amendment, so I did want the Bill read ano… an additional time, a third time, I guess. But I'm not ready until the second Amendment is filed and gets out of Rules. So, keep it on second."
Speaker Lyons: "Take that Bill out of the record. Representative Thaddeus Jones, you have, on the Order of Second Reading, House Bill 1415. Representative Jones. That Bill's on the Order of Second Reading. Out of the record. Leader Lou Lang, you have House Bill 62 on the Order of Second Reading, Representative. Lou, House Bill 62 on Second Reading. Out of the record. Representative Jack McGuire, on the Order of Second Reading, you have House Bill 3040. Representative McGuire, House Bill 3040 on the Order of Second Reading. Read the Bill, Mr. Clerk."
"House Bill 3040, a Bill for an Act concerning education has been read a second time, previously. Floor Amendments 2 and 3 have both been approved for consideration."
"Representative McGuire on Floor Amendment #2." 09700040.doc 11 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011
"Thank you, Mr. Speaker. We have Amendment #2 to House Bill… what is that, 1030? 3040. The Amendment will be put into the School Safety Act. Okay. We'd like to move to adopt that Amendment, Mr. Speaker."
"You've heard the Gentleman's explanation. Is there any discussion? The Chair recognizes the Gentleman from Jasper, Representative David Reis."
"Thank you, Mr. Speaker. I have a question on the Amendment, if the Sponsor will yield?"
"The Sponsor yields."
"Representative, one of the questions that came up during debate in the House Education Committee was whether or not this was going to affect home schools, and I just want to make sure your Amendment took care of that before we move it to Third."
"It's only to affect public schools, Representative."
"So, it does contain language now that exempts home schoolers?"
"Yes."
"Okay. Thank you."
"Thank you very much."
Speaker Lyons: "The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."
"Thank you. Will the Sponsor yield?"
"The Sponsor yields."
"Representative, there… there was a, in committee, a concern about the details of the floor plans because the… the original Bill called for detailed schematic plans. 09700040.doc 12 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011 What… how has the Amendment change that because those are a rather expensive set of drawings?"
"It's just… it's just a general floor pan… plan, Representative."
"So, Amendment 2, basically, allows a school district to provide a basic floor plan rather than schematic architectural drawings, as were required by the original."
"Yes. That's… that's correct."
"Okay. Thank you for that change. I think it'll make it a lot easier. We want to cooperate along those lines, but if that's all it is is a general floor plan… Usually, they get those already when they do the required building walk- through."
"Yes."
"You're just codifying what we already do in that case."
"Yeah. Okay."
"Okay. Thank you."
"Thank you."
"Seeing no further discussion, all those in favor of the adoption of Floor Amendment #2 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"
"Floor Amendment #3, offered by Representative McGuire, has been approved for consideration."
"Representative Jack McGuire on Floor Amendment #3…"
"Yeah."
"…Mr. Clerk." 09700040.doc 13 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011
"The Floor Amendment #3 is to be added to that, also."
"You’ve heard the Gentleman's explanation. Is there any discussion? Seeing none, all those in favor of the adoption of Floor Amendment #3 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions filed."
"Put that Bill on the Order of Third Reading, Mr. Clerk. Representative Thaddeus Jones, I do believe you're ready now for House Bill 1415. Read the Bill, Mr. Clerk."
"House Bill 1415, a Bill for an Act concerning education has been read a second time, previously. Amendment #1 was adopted in committee. Floor Amendments 2 and 3 have both been approved for consideration."
"Representative Jones on Floor Amendment #2."
"Mr… Thank you, Mr. Speaker. Floor Amendment #2 removes three high schools in the original Bill and just replaces it. And I would ask for approval of Floor Amendment #2."
"You've heard the Gentleman's explanation on Amendment #2. Is there any discussion? Seeing none, the question is, 'Should Amendment #2 be adopted?' All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #2 is adopted. Floor Amendment #3, Mr. Clerk."
Clerk Mahoney: "Floor Amendment #3 has been approved for consideration."
"Representative Jones on Floor Amendment 3." 09700040.doc 14 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011
"Thank you, Mr. Speaker. Floor Amendment #3 to House Bill 1415 just replaces Amendment #2, and it adds an opt-in policy for high school… for school districts. And I would ask for approval of House Amendment #3."
"Is there any discussion? The Chair recognizes the Gentleman from Crawford, Representative Eddy."
"Thank you. Would the Sponsor yield?"
"The Sponsor yields, Sir."
"Representative, the school districts now listed in the Bill have been contacted and are okay with the option that they will have regarding a summer reading program?"
"Yes, Representative."
"And this is as opposed to the original introduction of the Bill, this is now permissive and dependent upon federal funding so that the school district could opt in…"
"Yes, Representative."
"…they're not required to do this."
"Yes, Representative."
"Okay. Representative, thank you. I appreciate your work on this. I know it's important to the districts, and especially to those that want to run that pilot program, and I… I really congratulate you on the work you did in improving the Bill and making it permissive."
"Thank you, Representative."
"Seeing no further discussion, all those in favor of the adoption of Floor Amendment #3 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes’ have it. And Floor Amendment #3 is adopted. Anything further, Mr. Clerk?" 09700040.doc 15 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011
"No further Amendments. No Motions filed."
"Third Reading. Representative Debbie Mell, on the order of 1251. Read the Bill, Mr. Clerk."
"House Bill 1251, a Bill for an Act concerning… sex offenders. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Mr. Clerk, hold that Bill on the Order of Second Reading. Representative Elaine Nekritz, you have two Bills on the Order of Second Reading, Representative. The first one is House Bill 1091. Read the Bill, Mr. Clerk."
"House Bill 1091, a Bill for an Act concerning State Government. Second Reading of this House Bill. Floor Amendment #1, offered by Representative Nekritz, has been approved for consideration."
"Representative Nekritz on Floor Amendment #1."
"Thank you, Mr. Speaker. The underlying legislation is authorizing the Department of Transportation and the Illinois State Toll Highway Authority to enter into public- private partnerships for constructing infra… for new infrastructure. The Amendment simply clarifies that the Toll Highway Authority cannot use any existing revenues to fund those future projects."
"The Lady's explanation on to Floor Amendment #1. Is there any discussion? Seeing none, all those in favor of its adoption signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And 09700040.doc 16 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011 Floor Amendment #1 is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions filed."
"Third Reading. Representative, you also have House Bill 585. Read the Bill, Mr. Clerk."
"House Bill 585, a Bill for an Act concerning local government. Second Reading of this House Bill. Amendment #1 was adopt… was tabled… Committee Amendment #1 was tabled. Floor Amendment #2 was referred to committee. Floor Amendments 3, 4, and 5 have all been approved for consideration."
"Representative Nekritz on Floor Amendment #3."
"Thank you, Mr. Speaker. I've… the Amendments all basically do the same thing. I think they're… I believe they're all gut and… well, no, not… no, 5 is not ‘cause it…. Amendment #3 requires the RTA to fund 88 paratransit services for the RTA region."
"You've heard the Lady's recommendation. All those in favor signify by saying 'aye'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. Floor Amendment #3 is adopted. Mr. Clerk, Floor Amendment #4."
Clerk Mahoney: "Floor Amendment #4 has been approved for consideration."
"Representative Nekritz on Floor Amendment 4."
"Floor Amendment 4 is a more acceptable iteration of the ADA funding that… that more parties have agreed to."
"You've heard the Lady's explanation. All those in favor of the adoption of Floor Amendment #4 signify by 09700040.doc 17 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011 saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have. And Floor Amendment #4 is adopted. Mr. Clerk, Floor Amendment #5."
Clerk Mahoney: "Floor Amendment #5 has been approved for consideration."
"Representative Nekritz."
"Thank you, Mr. Speaker. The Floor Amendment 4 had an automatic increase annually for paratransit funding every year. And Floor Amendment #5 removes that automatic increase."
Speaker Lyons: "The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."
"Thank you. Will the Sponsor yield?"
"The Sponsor yields."
"Representative, just on a… on a matter of the number of Amendments. Does… our analysis says Amendment #4 becomes the Bill. What… what does Amendment 5 do?"
"Amendment #4, Representative, had an automatic increase so that the RTA was obligated to put 105 percent of the previous year's funding into the 88 paratransit fund. Amendment #5 removes that 105 percent requirement."
"Does… I guess the question is, then does Amendment #5 become the Bill, or does it simply have language that strikes that increase, or… or that…?"
"It… it simply has language that will strikes it. So, the… so the Amendment #4 was a gut and replace. Amendment #5 has some minor changes to it."
"Okay. Thanks for the clarification."
"Thank you." 09700040.doc 18 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011
"All those in favor of the adoption of Floor Amendment #5 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. The Amendment is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Don Moffitt, you have, on the Order of Second Reading, House Bill 1398, Don. Read the Bill, Mr. Clerk."
"House Bill 1398, a Bill for an Act concerning safety. Second Reading of this House Bill. Floor Amendment #1 was referred to committee. Floor Amendment #2, offered by Representative Moffitt, has been approved for consideration."
"Representative Moffitt on Floor Amendment #2."
"Thank you, Mr. Speaker. I move to adopt Floor Amendment #2. With that, it… it's an agreed Bill. This is dealing with smoke detectors and motels, brought to me by my home county state’s attorney and a fire inspector. So, I'd move for that adoption, move to Third."
"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, those is favor of the adoption of Floor Amendment #2 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment 2 is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Morthland, you have, on the Order of Second Reading, House Bill 3522. Read the Bill, Mr. Clerk." 09700040.doc 19 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011
"House Bill 3522, a Bill for an Act concerning transportation has been read a second time, previously. Committee Amendment #1 was adopted to the Bill, as well as Floor Amendment #2. However, notes have been requested and not yet filed."
"Hold that Bill on the Order of Second Reading. Representative JoAnn Osmond, on the Order of Second Reading you have House Bill 2249. Read the Bill, Mr. Clerk."
"House Bill 2249, a Bill for an Act concerning regulation. Second Reading of this House Bill. No Committee Amendments. Floor Amendments #1, offered by Representative Tryon, has been approved for consideration."
"Representative Osmond, are you going to present the Amendment, or should Representative Tryon?"
"I am."
"Okay. Representative Osmond, your… the ball's in your court."
"Thank you, Mr. Speaker. Amendment #1 to House Bill 2249 is a proactive approach to educating individuals with diabetes to better manage and condition, and live a healthier lifestyle."
"Is there any discussion? Seeing none, the question is, 'Should Floor Amendment #1 be adopted?' All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions filed." 09700040.doc 20 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011
"Third Reading. Representative Pritchard, on the Order of Second Reading, you have House Bill 1589. Read the Bill, Mr. Clerk."
"House Bill 1589, a Bill for an Act concerning civil law has been read a second time, previously. Floor Amendment #1, offered by Representative Pritchard, has been approved for consideration."
Speaker Lyons: "Representative Pritchard on Floor Amendment #1."
"Ladies and Gentlemen of the House, this just deals with a reasonable accommodations for service people who are going to be deployed, to deal with some family issues. I would ask for your support."
"You've heard the Gentleman's explanation on Floor Amendment #1. All those in favor of its adoption signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Arroyo, on a point of personal privilege."
"Thank you, Mr. Chairman. Point of personal privilege. I want to introduce my grandson, Jaylen Arroyo, to the General Assembly. If everybody could welcome him to the General Assembly. Jaylen, can you stand up, please?"
"Welcome to the Capitol, David, even if grandpa surprised you. Repre… is Representative Senger on the floor? Darlene Senger. Is Representative Sosnowski on the 09700040.doc 21 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011 floor? Representative Sosnowski, you have House Bill 2556. Read the Bill, Mr. Clerk."
"House Bill 2556, a Bill for an Act concerning local government. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions filed."
"Third Reading. Representative Mike Tryon, on the Order of Second Reading you have House Bill 3096. Read the Bill, Mr. Clerk."
"House Bill 3096, a Bill for an Act concerning elections. Second Reading of this House Bill. Committee Amendment #1 was adopted in committee. Floor Amendment #2 was referred to committee. And Floor Amendment #3, offered by Representative Tryon, has been approved for consideration."
"Representative Mike Tryon on Floor Amendment #3."
"Yeah, Mr. Speaker. Thank you, Ladies and Gentlemen of the House. This simply allows the school district the ability to place on an advisory referendum. And this Amendment pro… prohibits it from being placed on a consolidated election cycle when there are no other issues to be voted on. And certainly, I think that would be the intent, not to have any advisory referendums at a time we're having regular elections, so."
"You've heard the Gentle…"
"Be glad to answer any questions."
Speaker Lyons: "…you've heard the Gentleman's Motion on Amendment #3. All those in favor signify by saying 'yes'; 09700040.doc 22 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011 those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #3 is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Darlene Senger, on the Order of Second Reading, you have two Bills. Out of the record. Representative Mautino, on the Order of Second Reading, Frank, you have House Bill 3449. 3449. Read the Bill, Mr. Clerk."
"House Bill 3449, a Bill for an Act concerning State Government. Second Reading of this House Bill. Amendments 1 and 2 were tabled. Floor Amendment #3 was referred to the Rules Committee. Floor Amendment #4 and 5 have both been approved for consideration."
"Representative Mautino on Floor Amendment #4."
"Thank you. Floor Amendment #4 is a change. This is the Comptroller's Bill on direct deposit. Floor Amendment #4 removes the requirements from the General Assembly and judges, and I believe that that's all that is in Floor Amendment #4. Currently, state employees are… who are covered under bar… collective bargaining are out, and this addresses two more of the issues and appreciate adoption."
"Representative Eddy on the Amendment."
"Thank you. Will the Sponsor yield?"
"The Sponsor yields."
"Representative Mautino, Floor Amendment #5, I believe, is identical to 4 and becomes the Bill with a… with another caveat?"
"With the IRMA Amendment, yes." 09700040.doc 23 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011
"Do… do we… do you want to do 4 or just 5 because it could… becomes the Bill with the…"
"Actually, Mr. Speaker, would you withdraw Floor Amendment #4…"
"Mr. Clerk…"
"…as Floor Amendment #5 is gut and replace?"
"…withdraw Floor Amendment #4."
"Thank you. Now, Floor Amendment #5 has the provisions which exempt the General Assembly and judges from that requirement and added language that defines… at the request of IRMA and that would still require the… the payments. And it’s done for the pharmaceutical payments under the ALL Kids program."
Speaker Lyons: "So, Amendment #4 was withdrawn. And the question is, 'Should House Amendment… Floor Amendment #5 be adopted?' All those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the Amendment is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Brandon Phelps, on the Order of Second Reading, you have House Bill 786. Read the Bill, Mr. Clerk."
"House Bill 786, a Bill for an Act concerning health. Second Reading of this House Bill. Amendment #1 was adopted in committee. Committee Amendment #2 is in the Rules Committee. Floor Amendments 3 and 4 have both been approved for consideration. Floor Amendment #3 is offered by Representative Feigenholtz." 09700040.doc 24 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011
"Representative Feigenholtz on Floor Amendment 3 or, Representative Phelps, are you going to do the Amendment? Mr. Clerk, take that Bill out of the record. Dan Reitz, you have House Bill 1380. 1380. Read the Bill, Mr. Clerk."
"House Bill 1380, a Bill for an Act concerning health facilities. Second Reading of this House Bill. Floor Amendment #1, offered by Representative Reitz, has been approved for consideration."
"Representative Reitz on Floor Amendment #1."
"Thank you, Mr. Speaker. House Amendment #1 becomes the Bill. It amends the Nursing Home Act. It mandates that the Department of Public Health will establish a survey or training unit to be funded by the Long Term Care Monitor/ Receiving (sic-Receiver) Fund. It's an agreement now between the Long Term Care Association and the department."
"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, all those in favor of the adoption of Floor Amendment #1 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #1 is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Bob Rita, on the Order of Second Reading, you have House Bill 3403. Read the Bill, Mr. Clerk."
"House Bill 3403, a Bill for an Act concerning transportation has been read a second time, previously. 09700040.doc 25 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011 Floor Amendments 1 and 2, offered by Representative Rita, have both been approved for consideration."
"Representative Rita on Floor Amendment #1."
"We'd like to go to Floor Amendment #2."
"The Gentleman moves to withdraw Floor Amendment #1. Mr. Clerk, on Floor Amendment #2."
Clerk Mahoney: "Floor Amendment #2 has been approved for consideration."
"Representative Rita on Floor Amendment #2."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is a very technical Amendment. It just makes this… makes two changes to the split view screen TV. Would ask for your adoption."
"You've heard the Gentleman's explanation. Is there any discussion? Seeing none, all those in favor of the adoption of Floor Amendment #2 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. Floor Amendment #2 is adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Carol Sente, you have two Bills on the Order of Second Reading. The first one is House Bill 1130. Read the Bill, Mr. Clerk."
"House Bill 1130, a Bill for an Act concerning movable soccer goal. Second Reading of this House Bill. Committee Amendment #1 was tabled. Committee Amendment #2 was adopted to the Bill. Floor Amendment #3 was referred to the House Committee on Rules." 09700040.doc 26 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011
"Mr. Clerk, take this Bill out of the record. Representative Sente, you also House Bill 991 on the Order of Second Reading. Read the Bill, Mr. Clerk."
"House Bill 991, a Bill for an Act concerning civil law. Second Reading of this House Bill. Committee Amendment #1 was adopted to the Bill. Committee #2(sic- Committee Amendment #2) was tabled. Floor Amendment #3, offered by Representative Sente, has been approved for consideration."
"Representative Sente on Floor Amendment #3."
"Thank you, Speaker. As agreed in committee, House Floor Amendment 3 is a clarification. And I ask for it's adoption so we can discuss the entire Bill on Third Reading."
"You've heard the Lady's Motion. All those in favor of the adoption of Floor Amendment #3 signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment’s adopted. Anything further, Mr. Clerk?"
"No further Amendments. No Motions filed."
"Third Reading. Representative Smith, on the Order of Second Reading, you have House Bill 700. Read the Bill, Mr. Clerk."
"House Bill 700, a Bill for an Act concerning regulation has been read a second time, previously. Floor Amendment #1 was adopted to the Bill. Notes have been requested and not yet received on this Bill."
Speaker Lyons: "Out of the record, Representative. Representative Mary Flowers, on the Order of Second 09700040.doc 27 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011 Reading, Mary, you have House Bill 224. Out of the record. Representative Gabel, Robyn Gabel. Representative Robyn Gabel, you have two Bills on the Order of Second Reading. The first Bill is House Bill 1958, Representative Gabel. Out of the record. Robyn, you also House Bill 1665. Out of the record. All right, Ladies and Gentlemen, if we're ready to move some issues to the Senate, we'll start with House Bill 440, Representative Toni Berrios. Representative Berrios. Out of the record. Representative Will Burns on House Bill 1271. Read the Bill, Mr. Clerk."
"House Bill 1271, a Bill for an Act concerning State Government. Third Reading of this House Bill."
Speaker Lyons: "The Gentleman from Cook, Alderman… State Representative Will Burns."
"Thank you very much, Speaker, Ladies and Gentlemen of the House. House Bill 12… 1271, as amended, is an agreed Bill between the State Medical Society and the Illinois Coalition Against Sexual Assault. The Bill does several things. One, it revokes the licenses of health care workers who have been convicted of a sex offense or a forcible felony against one of their patients. Two, it provides for a chaperone for any patient with a health care worker who has been accused of a sexual offense or forcible felony against a patient, and for notification to that patient of… of the health care worker’s current criminal situation. I know of no opposition to this Bill. The Senate Sponsor, Senator Dillard, is eager to Sponsor this Bill in the other chamber. And I hope that we can get this to the Governor's desk. I ask for your 'aye' vote." 09700040.doc 28 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011
"You've heard the Gentleman's explanation. Is there any questions? Seeing none, the question is, 'Should House Bill 1271 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Acevedo, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 112 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Cunningham, on the Order of Third Reading, you have House Bill 1906. Out of the record. Leader Barbara Flynn Currie, on the Order of Third Reading, Barbara, you have House Bill 1926. 1926. Read the Bill, Mr. Clerk."
"House Bill 1926, a Bill for an Act concerning revenue. Third Reading of this House Bill."
"Majority Leader Barbara Flynn Currie."
"Thank you, Speaker, Members of the House. Under the Federal Tax Code, credits are available to corporations that invest in low income housing. This financing method doesn't have anything to do with who actually owns and manages the property. What this measure would do would be to say that to the extent that this financing tool is used by the Chicago Housing Authority for a project that is 100 percent filled with low income qualifying tenants that that project will continue to be exempt from the Property Tax Code. We did the same thing last year for not-for-profit organizations. And I would appreciate your support to this measure. Happy to answer your questions." 09700040.doc 29 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011
Speaker Lyons: "The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."
"Thank you. Will the Sponsor yield?"
"The Sponsor yields."
"Leader Currie, the… I think the question we have is, it has to do with who is going to benefit from the exemption?"
"Well, right now, the CHA is property tax exempt. It's a public entity that provides housing for low income people. They will continue to manage and operate the property, and it will be available for… for residential use only to the same low income people that they serve today. For financing purposes, it is helpful to them to be able to afford repairs and so forth to go into a partnership with an entity that is eligible for the Federal Low Income Housing Credit. So, some… somebody gets a federal benefit, but we don't want to mean… make it so that that benefit means that all of a sudden the Chicago Housing Authority is no longer tax-exempt."
"It in… currently, the ownership of the property that's exempted… who owns the property, private individuals?"
"Chicago Housing Authority. But under this partnership, because there are the federal tax credits, we want to clarify that as CHA continues to operate, to run it, to make eligible only the people who currently qualify, that they will not suddenly have to start paying property taxes."
"So, will…"
"We did the same thing last year for not-for-profit housing programs." 09700040.doc 30 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011
"Okay. So, are private for-profit individuals now able to have the exemption extended under this Bill?"
"No. No. The only thing they get is the federal tax credit, and in order for that to help finance low income housing owned by the CHA, we don't want that to mean that CHA suddenly has to pay property taxes. This is a useful tool for rehabbing and maintaining public housing units. It's a simple concept. The federal tax credit is available. The people who get the credit don't get to run the housing program. The CHA maintains total managerial control, but the fact that the other entity gets a federal tax credit shouldn't mean suddenly that CHA is paying property taxes."
"So, publicly owned property and non-for-profit owned property are the only beneficiaries of the… the tax to the credit."
"The… the property tax exemption. And only…"
"The exemption."
"…to the extent that they manage, direct, control the property. And only to the extent that the property is inhabited by people who meet the definition of low income."
"Okay. Rep… Representative, I… I appreciate that and I think… I think I got my question answered. I'm mainly concerned that private individuals who are in the business of… of providing housing dwellings aren't going to be exempted if they're for-profit entities that are providing housing."
"They will not."
"Okay. Thank you." 09700040.doc 31 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011
"Representative Pritchard. Representative Bob Pritchard, do you seek recognition, Sir?"
"Yes. Will the Sponsor yield?"
"The Sponsor yields."
"Representative, I… I'm sorry, I may have missed some of what you were relating. But I have a situation in my area and I'm wondering if this Bill would apply to it, where a private entity, a for-profit entity, owns property but wants to build housing for low income individuals, homeless individuals, and have a non-profit operate that facility. Would they be covered by your Bill?"
"Yeah. Under this Bill and under current statutes, only if they are created under the… the public housing statute. So, if they wanted to change the form of ownership, then, maybe they would qualify, but today they would not."
"Okay. Thank you."
"Representative Chapin Rose."
"Thank you, Mr. Speaker. Will the Majority Leader yield, please?"
"The Majority Leader yields."
"Thank you. Could you give me an example of why a housing authority or an affiliate of a housing authority would be a general partner or a managing member of a LLC? Why wouldn’t they just own the property in the name of the housing authority?"
"So, what happens is that there are federal low income housing credits available to for-profit entities. Then the financing for a particular housing project is done in 09700040.doc 32 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011 partnership with the entity that's getting the federal tax credit. Under our law, the question is raised whether that property would continue to enjoy a property tax exemption. This legislation clarifies that to the extent that the Public Housing Authority has direct and complete managerial control over the project and to the extent that the only people who live there are, in fact, low income for purposes of the definition of property tax exempt, they won't lose the property tax exemption."
"Well, let me…"
"No… no one's making money from the property tax… from a property tax payment, and the people who are doing the financing, those who get the Federal Housing Tax Credit have… they’ve… nothing… nothing helps…"
"Well…"
"…them or hurts them if property taxes are due and owing on that property."
"So, in such a setup, who would the limited partners be, or the nonmanaging members be? Could they be private entities?"
"They would be private entities. They would have no managerial control."
"Yeah, but I don’t…"
"No operational control."
"I… I get that. The question is, can they make money off of it because…"
"No. They only make money out of the federal tax credit. That's all they get."
"Yeah, but… but it's…" 09700040.doc 33 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011
"And, happily, it's enough… it's enough to help us help people who are low income…"
"I understand that, but…"
"…and need housing."
"…you're taking property tax bases off the rolls."
"No. No. They are already off. The least… this is the Chicago and any other public housing authority in the state, property already tax-exempt bec…"
"Well, then, why do we need the Bill?"
"Pard… because they are now doing a financing program that…"
"'Cause the… the Bill extends the tax exemption."
"Yes, because your…"
"So, if they…"
"It's still the…"
"so, then…"
"it's still…"
"…they're obviously…"
"it's still the Public Housing Authority. They're still operating. They're still managing. They are still…"
"Right."
"…in complete control."
"But the way I look at this… and so I've got… still, for example, in… in Charleston, I've got a… a low income housing unit that got several hundred thousand dollars in federal stimulus money to put in new windows, when that complex has been a huge source of problems, locally. Under this and you’re right, I know this doesn't apply to Charleston, but I'm just using this as an example. You 09700040.doc 34 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011 could… you could come in. They concede, make a deed… Well, then you wouldn't deed, but you could turn over managing control to the local housing authority, and they could still make money off of the underlying…"
"No. Under this, they could not. They'd have to… and they're not putting in windows. These are people who are getting the federal…"
"Oh, I know that."
"…tax credit, and under the…"
"Right."
"…agreement that they signed, they can get…"
"I… I understand that, but you're… you're still allowing a private entity to get a benefit here, even if they…"
"The benefit comes…"
"…are a minority owner."
"…the benefit comes from the Federal Government. They get no additional benefit if the property is locally property tax exempt or if it isn't. They get nothing. It means nothing to them. It only matters to…"
"Well…"
"…the local housing authority."
"…except that if it's an LLC, it will go to distribute profit at the end of the year, or the end of the quarter…"
"No, no, no, no, no. They…"
"…and if you pay… if you don't pay property taxes, that's…"
"No."
"…a nice deal for you." 09700040.doc 35 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011
"But that is not how this works, Representative, and I can show you the documentation. But it does not work that way at all. Their only involvement is to provide the financing, which they do through the credit they get from the Federal Government. Anything else that happens to that property, does not one cent of profit…"
"Who… who owns…"
"…or lack of profit matter to them."
"Who owns the…"
"We did this last year for Catholic Charities in the same circumstance. They, too, were interested in doing financing or… and it… that would apply not just to Catholic Charities, but to other not-for-profits that it… that provide housing for people who are low income enough, all of whom are 100 percent low income, which is all this Bill would apply to."
"Who would… who would actually have title to the property? Would it be the LLC, or the partnership? Who would have the deed?"
"It would… it would the partnership, but the only way they get the tax credit is if the documentation makes clear that control and management…"
"I know, but I don't…"
"…of the property is in… in…"
"I understand… I understand that, but I could be… so, my point is, I could come in and buy a property with somebody, float the property for a number of years under this tax credit program, and then eventually sell the property at a later date and walk away with…" 09700040.doc 36 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011
"No."
"…a profit."
"No, you cannot, not under this Federal Tax Credit program."
"You can't sell the property?"
"You cannot."
"Then that’s a Federal Law that says you can't sell the property?"
"You would not be able to do that… it's really a financing mechanism. It is not an ownership or control mechanism."
"Well, I… I appreciate you bringing it forward. I'll look some more here."
"Representative David Harris." Harris, D.: "Thank you, Mr. Speaker, and a question of the Sponsor."
"She awaits your questions." Harris, D.: "Representative, I know we've heard this in committee, and I believe I understand what you're doing, and I… and the issue about the federal tax credits, I think is fairly clear. That is the incentive to get the, potentially, the private partner to come in and… and join with the CHA to do this."
"Or any other public housing authority." Harris, D.: "Or… or any other…"
"Precisely. Precisely." Harris, D.: "Right. Any other public… So, we're only talking here about clarifying the fact that the… the property remains exempt from the property tax rolls." 09700040.doc 37 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011
"And… exactly that, and the management, the control, has to be with the Public Housing Authority and the people who live there have to be 100 percent low income." Harris, D.: "And what happens upon dissolution of the partnership or when the property… it… should the property be sold. The partnership is dissolved, the LLC."
"Well, if…" Harris, D.: "What… what happens?"
"If the housing authority were to sell the ho… the property, the exemption goes away." Harris, D.: "So, those general partners…"
"They would get…" Harris, D.: "As long as the…"
"…nothing." Harris, D.: "…as long as the housing authority is no longer involved…"
"Right." Harris, D.: "…then that… that property comes back on to the tax rolls."
"And… and the people who got the… the credit would have not… no more to say. They wouldn't get the credit any longer." Harris, D.: "Thank you, and to the Bill just very briefly, Mr. Speaker. We did hear this in committee. The… the Representative was very thorough in her explanation. I appreciate her clarity in… in these questions. And I would urge an 'aye' vote."
"Representative Currie to close." 09700040.doc 38 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011
"Thank you. I'm joining Representative Harris, David Harris, in voting for this good Bill."
"The question is, 'Should House Bill 1926 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Jakobsson, Sente. Mr. Clerk, take the record. On this Bill, there are 85 Members voting 'yes', 25 voting 'no', 2 voting 'present'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Monique Davis, you have, on the Order of Third Reading, on page 21 of the Calendar, House Bill 1544. Read the Bill, Mr. Clerk."
"House Bill 1544, a Bill for an Act concerning public employee benefits. Third Reading of this House Bill."
Speaker Lyons: "The Lady from Cook, Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. House Bill 1544 amends the Chicago Teachers Article of the Illinois Pension Code. It requires that, beginning in state fiscal year 2012, the General Assembly must make annual contributions to the fund in an amount equal to 20 percent of the amount of the annual state contribution to the Teachers Retirement System of the State of Illinois. And this is effective July 1, 2011. I just ask for a favorable vote."
Speaker Lyons: "The Chair recognizes the Gentleman from Crawford, Representative Roger Eddy."
"Thank you. Will the Sponsor yield?" 09700040.doc 39 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011
"The Sponsor yields."
"Representative, what's the amount of the appropriation that would be necessary?" Davis, M.: "Well, according to the… the note that we received, the downstate teachers will get 20.4 billion dollars. Let me repeat that. The downstate teachers will receive 20… No, 2.4… 2… I'm sorry. 2…"
"Scared me there for a second. I was…" Davis, M.: "Don't. It scared me too."
"2.4…" Davis, M.: "2.4 billion, and because of that, 20 percent of that for Chicago would only amount to about 418 million."
"So, where would the appropriation come from, General Revenue." Davis, M.: "Well, my suggestion would be to take it from that 2.4 billion, but they may not want to do that. So, it would come from…"
"I think you're going to find out people don’t want to do that here in just a minute, actually." Davis, M.: "Well, we would… we would take it… we would get it from GRF."
"You know, Representative, I agree with your analysis completely and I think… I think we're going to see that. The… the pension funding for the City of Chicago system is different, and it has been historically different. I remember there used to be a dedicated levy for that system that was taken away in '95, and… and it funded the system pretty well." 09700040.doc 40 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011 Davis, M.: "Well, according to the law from 199… in 1998, whenever this fund was lower than 90 percent, then the state was supposed to make a larger contribution and the state has failed to honor that obligation."
"Well, currently, the state's… the state pays .544 percent, correct?" Davis, M.: "That is correct."
"If… if it is under 90 percent funded. So, this is a… a rather substantial increase in the amount of state General Revenue that would go to fund the Chicago system." Davis, M.: "Well, it would bring about a small amount of equity and fairness. Now, it certainly wouldn't equal 2.4 billion, but it would certainly help to bring that fund up closer to what is required of, I think, 90 percent."
"Thank you, Representative. Ladies and Gentlemen, to the Bill. The… the proposal before you would substantially change the funding mechanism for the Chicago Public Teacher Pension System and shift 400 million dollars of general revenue responsibility to that system, paying toward the Chicago system. There is a long history related to the way these systems are funded. The Chicago system changed its approach in '95 when a nickel levy that was dedicated to funding that system was used in a… in a different manner. The State of Illinois is in no position, as you all know, to begin to fund the system at a 430 million dollar addition. And with all due respect to the… the Lady's request, I would urge the Body to vote 'no' on this proposal. We have a… we have a difficult budget process 09700040.doc 41 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011 ahead of us, and a 430 million dollar hit is certainly not what's needed."
"Representative Jerry Mitchell." Mitchell, J.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields." Mitchell, J.: "Representative, as I look at the analysis, it states that the Chicago Pension Fund would receive approximately 20 percent of what is paid to the downstate teacher fund." Davis, M.: "That is what this Bill is seeking. That is correct." Mitchell, J.: "Okay. Is that… is that based on the number of people in the pension system? Is that… is there a coordination between the size of the Chicago Teachers Union versus the downstate teachers pension fund? Or is this basically…" Davis, M.: "Well, we…" Mitchell, J.: "…just a… a figure to try to catch up…" Davis, M.: "Well, we…" Mitchell, J.: "…Chicago teachers?" Davis, M.: "That… we did have the five percent levy…" Mitchell, J.: "Right." Davis, M.: "…but once that was removed, with an effort to reduce property taxes, the fund started to drop below the 90 percent, and the 20 percent would merely help bring it up to, I don't know what amount." Mitchell, J.: "Well, I think… I think…" 09700040.doc 42 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011 Davis, M.: "It will only bring it up about 400 million, as stated by Representative Eddy, but it… it…" Mitchell, J.: "I think both of those,pension funds…" Davis, M.: "But in no way…" Mitchell, J.: "…right now are in trouble. There's no question about that. But do you really think that this is the year to look at increases in any of the pension funds across the State of Illinois with the dire straits that the… the State of Illinois is in?" Davis, M.: "You know, I really appreciate that, and because of that, we just wonder how we can continue to give the downstate teachers fund 2.4 billion and not give Chicago even… even a half a million. We're only seeking 418 million. That's all, nowhere near the billion. We no longer have the levy. The law states that once this fund becomes below 90 percent, the state is supposed to accept its responsibility and make a contribution." Mitchell, J.: "Well, we also had to continue an appropriation for… for the pension funds that this Body chose to ignore, and that's the situation we have now in pension funds across the board, but this, you know, basically, this is just not the time. To the Bill, Mr. Speaker. Ladies and Gentlemen of the House, we're broke. We simply cannot afford this increase at this time. There may be times when… the economy improves that we can look at this pension fund along with others, but right now, this is definitely a 'no' vote. It was a 'no' vote in the last General Assembly Session. It has to be a 'no' vote now simply because we cannot afford it. Thank you." 09700040.doc 43 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011
"Representative Chapin Rose."
"Thank you. To the Bill, Mr. Speaker. Ladies and Gentlemen…"
"To the Bill."
"Oh, I'm sorry. Go ahead. Ladies and Gentlemen, last year, this Body allowed the Chicago Public School system to skip 1.2 billion dollars with the pension payments. 1.2 billion dollar pension payments skipped. The Chicago Teachers Union sent us a letter, everyone of us, and said please don't do this. Please, don't skip these pension payments. At the time, some of us who voted against that very Bill, stood up and said, what you're doing is you are effectively making the state's finances worse because when you allow the Chicago Public School system to skip a pension payment, it drains the State Treasury from all the other school districts, Chicago included, from our mental health providers, from our developmental disabled providers, from our drug treatment providers, from everything else in the State of Illinois. And some of us said that on this House Floor, and we voted 'no'. When you let pension systems skip payments like this Body did last year, what you have is exactly what you get right here, which is an attempt to divert still more state resources to shore up. The Chicago Teachers Union begged us not to vote for that last time 'cause they knew what would happen. They knew it would be a chronic underfunding. And here we are, once again, looking to bail them out. Well, you know what? Don't skip payments in the first place, you might not have this problem. Vote 'no'." 09700040.doc 44 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011
"Representative Monique Davis to close." Davis, M.: "Well, first of all, I'd like to say that a lot of Republicans voted 'yes' on skipping the pension payment. And of all the teachers… excuse me, Ladies and Gentlemen. Of all the teachers across this State, Chicago teachers are 14 percent of those teachers. They are 14 percent. And it just appears to me, Mr. Speaker, that it… it's a beer… a bit unfair and unjust for one group of retired teachers to get a 2.4 billion dollar payment for their pension system, and Chicago gets 10 million here, 65 million there, but they're in dire need of 418 million from the state in order not to take it from the classroom, in order not to have to use instructional dollars. We should all be happy to assist this system that does not get 2.4 billion dollars, and it increases every year. All Chicago pension needs is 418 million dollars from the state, no billion, no half a million. So, I'm asking you to please vote 'yes' on this legislation. Let the education dollars in Chicago be used for the children's education and not to pay the pension fund. We can't continue to treat one system as superior with 2.4 billion and the other system as not with only 400 and… what is it 65 million and 10 million. It's just wrong. I urge an 'aye' vote."
"The question is, 'Should House Bill 1544 pass?' All those in favor vote 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Gabel, Jackson, Jakobsson, May, Mendoza, Nekritz. Have all voted who wish? Mr. Clerk, take the 09700040.doc 45 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011 record. On this Bill, there are 38 Members voting 'yes', 73 Members voting 'no', and the Motion fails. Representative Fortner. Out of the record. Representative Coladipietro, you have House Bill 1373, Representative. Read the Bill, Mr. Clerk."
"House Bill 1373, a Bill for an Act concerning State Government. Third Reading of this House Bill."
Speaker Lyons: "The Gentleman from DuPage, Representative Franco Coladipietro."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1373 is an initiative of the Treasurer's Office. During the 96th General Assembly, we passed the Government Electronic Records Act, and with that Act we created the Electronic Records Advisory Board, which was charged with setting the policies, guidelines, and best practices for addressing electronics management practices in the State of Illinois. At this point in time, the board has not assembled, pursuant to the 60-day requirement, and they have a deadline date of July 1 to produce a report, which they're not going to be able to meet. So, what we did was… is we worked with the Secretary of State's Office and we're going to merge the requirements of this board into the State Records Commission, and then they will review these… these matters on an ongoing basis. I know of no opposition to the Bill. And I'd ask for your 'aye' vote."
"You’ve heard the Gentleman's explanation. Is there any discussion? Seeing none, the question is, 'Should House Bill 1373 pass?' All those in favor signify 09700040.doc 46 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011 by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Arroyo, Berrios, D'Amico. Mr. Clerk, take the record. On this Bill, there's 112 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative David Harris, you have, on Third Reading, Representative, on the Ord… on page 23 of the Calendar, House Bill 3076. 3076. Read the Bill, Mr. Clerk."
"House Bill 3076, a Bill for an Act concerning public employee benefits. Third Reading of this House Bill."
"The Gentleman from Cook…" Harris, D.: "Thank…"
"…Representative David Harris." Harris, D.: "…thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3076 deals with the Illinois Municipal Retirement System. And some of you may be aware that last year a significant increase was given to a park district official in one of the northern suburbs for one sole purpose. For one sole purpose and that is to significantly increase that individual's pension. Now, when I say significantly increase that individual's pension, the pension went from 110 thousand to 160 thousand dollars simply because of the amount of money that was computed on the last week of his service with the instrumentality that he was covered by. What this Bill does is simply this, it doesn't stop that increase. If the… if the municipality or the instrumentality wants to 09700040.doc 47 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011 give them that increase, that's fine. But it says that anything greater than 6 percent has to be paid for right away by that municipality. The raise can still be given. The increase can still be given. But that liability for that excessive… excessive increase has to be put up front, right then and there. The Illinois Municipal Retirement Fund has no objection to this Bill. I'm happy to answer any questions. And I would ask an 'aye' vote."
"You've heard the Gentleman's discu… explanation to the Bill. Is there any discussion? The Chair recognizes the Gentleman from McHenry, Representative Jack Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"Representative, does this only apply to IMRF?" Harris, D.: "It does."
"Okay. So, it would only be… anyone who employs someone through IMRF, those municipalities, they're the ones who would have to pay for any spiking, correct?" Harris, D.: "That is correct. We're using municipalities, but the… the example that I gave referred to a park district which is, of course, covered by IMRF, as well."
"Who pays the contributions right now for IMRF? Is there any… is there any state money whatsoever being used to be paid into IMRF?" Harris, D.: "The municipalities or the instrumentality funds that program."
"So, there is no state money." Harris, D.: "If it is, it's minimal." 09700040.doc 48 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011
"Oh. Because I… I like the idea 'cause we did this a few years ago. We had stopped the practice of end of… end of term spiking. You know, where… where they'd have huge…" Harris, D.: "Right."
"…increases. We saw it mostly with administrators in school districts…" Harris, D.: "Right."
"…which would get these golden parachutes and, frankly, the… the school boards didn't care because they weren't paying for it. They… they gave these folks huge increases and then told the state to pay for it." Harris, D.: "That's right."
"So, we stopped that. So, this Bill, want to do the… you want to do the same but for IMRF employees." Harris, D.: "That is correct. In essence, it's the same thing, strictly related to IMRF."
"But will… I'm just trying to see how that would work in the real world, as it is now, because right now aren't… isn't munic… the municipalities, they're the only ones paying for IMRF, so how will this change anything?" Harris, D.: "Well, what they… what it does is, it computes that increased liability, as an example, the pension liability from 110 thousand up to 160 thousand, and instead of spreading it out it says if you want to do that, you've got to pay it now."
"Pay it up front." Harris, D.: "That's right." 09700040.doc 49 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011
"Well, that makes sense because… I don't know if you saw the Tribune this last weekend with all… it was the perfect timing for this Bill, wasn’t it?" Harris, D.: "I thought so."
"And you think about these guys, and they argued that they'd paid into their pensions, but the reality is, they haven't. They might have paid in to the 110 thousand dollar level, but they never paid in to the 160 thousand dollar level." Harris, D.: "Exactly right. They haven't paid into that spike."
"Right. And that's where the taxpayers are getting ripped off." Harris, D.: "And… and it's not… even though there's not state dollars involved, we're still talking about the local taxpayers and their property tax base."
"I think it's a good Bill. Thank you."
"Representative Eddy."
"Thank you. Will the Sponsor yield?"
"The Sponsor yields."
"Representative, I… I think the previous speaker referred to the 6 percent cap that was placed several years ago related to end of career increases for members… for teachers and administrators. This seems to do exactly the same thing. How many years does this limit, or is the 6 percent imposed on… in your Bill?" Harris, D.: "It's the 6 percent at time of retirement. If within the last year, if your salary or… excuse me, if your 09700040.doc 50 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011 pension compensation is 6 percent higher than your last year's salary. And that does…"
"I am… I am…" Harris, D.: "…and that does not… and I should add, that does not include normal promotions or overtime. Those are excluded."
"I was going to bring that up, but if… if someone gets… some type of a salary increase based on the fact that they've been promoted to a different job classification, and… and it's an existing classification that pays, that's exempt from the penalty." Harris, D.: "That is correct."
"And overtime is also exempt from the penalty?" Harris, D.: "That is correct."
"IMRF is calculated on the highest 4 consecutive years in the last 10 years of employment. So, does your Bill limit the 6 percent increase to the last year, or 4 consecutive?" Harris, D.: "It limits it to the last year."
"So, what would stop, in this case, raises higher in preceding years that are calculated toward those last 10 that are very high, and the last year is just the 6 percent?" Harris, D.: "You… if… if you're looking to game the system, you could probably do that. The objective is to avoid that last year spiking which is… which is, to me, abusive of the system. But if you're looking that far down the road and trying to game it that way, it could probably be done." 09700040.doc 51 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011
"Okay. 'Cause that… that's the difference I see in this Bill than the Bill we passed related to the caps of 6 percent. That one covered all of those years." Harris, D.: "Right."
"And I… I don't know if you want to consider that as this moves on, because I agree that those caps should be in place and quite frankly, the exorbitant salaries in the other system weren't necessarily caused to pass that on, but early retirement penalties to school districts caused districts to, rather than pay early retirement option penalties, they paid high increases that were cheaper. And we really kind of messed this up a long time ago with early retirement, which allowed individuals to bargain employers over the barrel on pension issues. I mean, that's really what happened. So, I mean, I would just consider the possibility of looking at this in… in a larger context and if you want to control the average salary that we're paying, you need to do it just for more than one year." Harris, D.: "I… I appreciate that, and let's look at it over in the Senate, if it gets there."
"Okay. Thank you."
"Representative Kevin McCarthy."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"Representative Harris, I… I think if you look on page 8 at the bottom of your Bill, or the top of page 9, you'll see that the concerns that Representative Eddy just addressed, have been addressed in your Bill, and it's any calendar year that's used in the calculation of your 09700040.doc 52 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011 pension, which would mean that it would affect the four years of the last ten that is the highest of the IMRF. So, the Bill has been… that has been taken care of as far as my reading of the Bill, and I'm sure if you ask your legal counsel, they'll say it's the same thing. So, I think it's a great Bill and would hope it flies out of here very shortly." Harris, D.: "I'm… I'm pleased…"
"I don't… I don't think you can…" Harris, D.: "…I'm pleased that the…"
"…improve on that closing…" Harris, D.: "…chairman of the Personnel & Pensions Committee…"
"…Representative." Harris, D.: "…knows my Bill better than I do. Thank you very much."
"Your last word, Representative." Harris, D.: "Other than just ask for an 'aye' vote. I think it is a positive Bill, and I would appreciate support."
"The question is, 'Should House Bill 3076 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Arroyo. Mr. Clerk, take the record. On this Bill, there are 112 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Don Moffitt, on the Order of Third Readings, on page 23 of the Calendar, you have House Bill 3255. Read the Bill, Mr. Clerk." 09700040.doc 53 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011
"House Bill 3255, a Bill for an Act concerning health facilities. Third Reading."
"The Gentleman from Knox, Representative Don Moffitt."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3255 is an agreed Bill. It does two things. First, is… an EMT was currently… there was a State Trooper, their EMT license, they can apply for a waiver for the… for the EMT fee that provides an incentive for Troopers to become EMTs. There's only a handful of Troopers that are EMTs. They are required to be first responders. I think the EMTs are on their SWAT teams but, certainly, worth having incentive. The second thing it does is keep a commitment we made last year and that any EMT who exclusively serves as a volunteer for units of local government with a population base of less than 5 thousand, or as a volunteer for a not-for-profit organization that serves an area base of less than 5 thousand may also apply for a waiver for their EMT license. If those of you that are familiar with the volunteer services, they're experiencing difficulty in… in recruiting and keeping EMTs. So, this was a fee that was put in last year for House Bill 5183 and now, that is waived if they apply for that. It's a way of getting more EMTs out around our state. Be happy to entertain any questions."
Speaker Lyons: "The Chair recognizes the Gentleman from Champaign, Representative Chapin Rose."
"Thank you. Will the Sponsor yield?"
"The Sponsor yields." 09700040.doc 54 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011
"Representative Moffitt, I… State Trooper is easy enough to figure out, but it also says, or a not-for-profit organization. How is a State Trooper a not-for-profit… or how is a EMT a not-for-profit organization?"
"A volun… a volunteer ambulance service, essentially."
"Okay. So, if you're a member of a volunteer ambulance service, you could become a… Well, okay, let's start over. So, if you're… let's say you have a… let's say that your ambulance service is through your fire district and it's a not-for-profit fire district, would that count, as well?"
"If… if it's part of the fire department?"
"Yeah. I guess. Like, if I'm running my ambulance out of my fire department, and it's all non-for-profit, would the… would those EMTs have to pay the fee, then?"
"That would… they could apply for a waiver if it serves an area of less than 5 thousand."
"Now, what's the distinction between a non… I could understand what a non-for-profit ambulance company is. What's… what is… a fire district is not… a fire district is an entity of government, it's not a non-for-profit. So, could our local fire districts provide… would they be eligible for this, as well?"
"Local government, it could be local government."
"Here's I… I only have two… I only have two volunteer fire… or volunteer… I'm sorry. I only have two non-for- profit ambulance companies, whereas I have a lot of fire districts that run ambulance services."
"A volun… Representative, it's… if they serve exclusively as a volunteer for units of local government, 09700040.doc 55 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011 which your fire district or department would be, or a not- for-profit."
"Or not-for-profit, or a State Trooper."
"Or a State Trooper. Right."
"Okay. Thank you, Mr. Speaker. Thank you, Representative."
"Representative Moffitt to close."
"This is an opportunity to have more EMTs available to… to provide emergency services and save lives around the straight… state. I'd appreciate your support. Thank you."
"All those in favor should 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? Acevedo, Sente, would you like to be recorded? Mr. Clerk, take the record. On this Bill, there's 111 Members voting 'yes', 0 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Representative Mautino, on the Order of Third Readings, on page 20 of the Calendar, you have House Bill 1093. Read the Bill, Mr. Clerk."
"House Bill 1093, a Bill for an Act concerning transportation. Third Reading."
"The Gentleman from Bureau, Representative Frank Mautino."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 1093 is an initiative of the Illinois EPA, and it changes the equipment requirements that they use for emissions testing. Basically, they have… certain cars have aged out and they have a… a type of testing 09700040.doc 56 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011 equipment that they no longer need to use. And so, this changes the way that they're going to apply testing standards for vehicle emissions. Appreciate an 'aye' vote."
"You've heard the Gentleman's explanation. Is there any discussion? The Chair recognizes the Gentleman from Cook, Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields." Davis, W.: "Rep… Representative…"
"Yes." Davis, W.: "…you said… so, how does this benefit constituents that have older vehicles?"
"It's a cost saving measure… measure for those who have the older vehicles. They would have to now do… there's a… there's a piece of equipment they use where they would plug into the cigarette lighter, does the testing on the emissions. For those that are beyond a certain date where that won't work anymore, that testing will not be required. They just use a visual testing back at the tailpipe." Davis, W.: "Okay."
"So, they don't have to pay… there's certain vehicles… one percent of the vehicles out there that will no longer have to be tested." Davis, W.: "Oh. So, this is really just to impact a very small percentage of the vehicles?"
"Yes." Davis, W.: "Okay. Now, I apologize. Thank you very much." 09700040.doc 57 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011
"Representative Mautino to close."
"Appreciate an 'aye' vote."
"The question is 'Should House Bill 1093 pass?' All those in favor signify by voting 'yes'; those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Rita. Mr. Clerk, take the record. On this Bill, there's 110 Members voting 'yes', 1 Member voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, what's the status of House Bill 3424?"
"House Bill 3424 is on the Order of House Bills Third Reading."
"Mr. Clerk, move that Bill back to the Order of Second Reading on the request of the Sponsor. Ladies and Gentlemen, again, I'm going to, for the second time today, remind everybody what the memo that came out that… with regard to Amendments. Members should plan on getting their substantive Amendments filed no later than Wednesday, the 12th by 23rd… Wednesday, the 12th…, the 13th by 12 noon, and your technical Amendments no later than Thursday, April 14 at 12 noon. So, please pay, attention to any Amendments you have planned for any Bills for this week. Agreed Resolutions, Mr. Clerk. Committee announcements, Mr. Clerk. Everybody should have received an orange piece of paper, so heads-up."
"The following committees will meet immediately following Session: Mass Transit in Room 118, Transportation: Vehicle Safety in Room 122B, Insurance in 09700040.doc 58 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011 Room C-1, Counties & Townships in Room 115, Elementary & Secondary Education in Room 114, and Judiciary-Civil Law or Jud I in Room 413. Two committees for tomorrow morning have been canceled. Two committees for tomorrow morning: Approps-Higher Education and Approps-Human Services have both been canceled for tomorrow morning."
Speaker Lyons: "And now, with no further business to come before the House, Representative Currie moves that we adjourn to the hour of 11 a.m. on Tuesday, April 12. Allowing perfunctory time for the Clerk, all those in favor signify by saying 'yes'; those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the House stands adjourned to the hour of 11 a.m. on Tuesday, April 12. Have an enjoyable evening, everyone."
"House Committee Reports. House Perfunctory Session will come to order. Representative Davey… David… William Davis, Chairperson from the Committee on Mass Transit reports the following committee action taken on April 11, 2011: recommends be adopted is Floor Amendment #2 to House Bill 3597. Representative Beiser, Chairperson from the Committee on Transportation: Vehicles & Safety reports the following committee action taken on April 11, 2011: recommends be adopted is Floor Amendment #1 to House Bill 860. Representative Monique Davis, Chairperson from the Committee on Insurance reports the following committee action taken on April 11, 2011: recommends be adopted is Floor Amendment #1 to House Bill 1193. Representative Verschoore, Chairperson from the Committee on Counties & Townships reports the following committee action taken on 09700040.doc 59 STATE OF ILLINOIS 97th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 40th Legislative Day 4/11/2011 April 11, 2011: recommends be adopted is Floor Amendment #1 to House Bill 2550. Representative Chapa LaVia, Chairperson from the Committee on Elementary & Secondary Education reports the following committee action taken… taken on April 11, 2011: recommends be adopted is Floor Amendment #1 to House Bill 2397. Representative Nekritz, Chairperson from the Committee on Judiciary - Civil Law reports the following committee action taken on April 11, 2011: recommends be adopted is Floor Amendment #1 to House Bill 465, and Floor Amendment #2 to House Bill 3025. Senate Bills-First Reading. Senate Bill 1553, offered by Representative Osmond, a Bill for an Act concerning insurance. Senate Bill 1654, offered by Representative Winters, a Bill for an Act concerning public utilities. Senate Bill 1865, offered by Representative Riley, a Bill for an Act concerning local government. Senate Bill 1894, offered by Representative Mayfield, a Bill for an Act concerning health facilities. Senate Bill 1913, offered by Representative Beiser, a Bill for an Act concerning transportation. Senate Bill 1933, offered by Representative Mayfield, a Bill for an Act concerning civil law. Senate Bill 1943, offered by Representative Mayfield, a Bill for an Act concerning public health, and Senate Bill 2293, offered by Representative Lang, a Bill for an Act concerning state government. Referred to the House Committee on Rules is Senate Joint Resolution 27, offered by Representative Chapa LaVia. There being no further business, the House Perfunctory Session will stand adjourned." 09700040.doc 60