Illinois House Floor Debate — March 14, 2013

"The House shall come to order. All Members shall be in their seats. We shall be led in prayer today by Reverend Ted A. Hartley who is with the First United Methodist Church and Stiritz in Johnston City, Illinois. Reverend Hartley is the guest of Representative Bradley. 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."

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

Speaker Turner: "Roll Call for Attendance. Representative Currie."

"Thank you, Speaker. Please let the record reflect that Representative Tabares is excused today."

"Representative Bost."

"Clerk, please take the record. On a count of 116 being present, a quorum is established. Representative Ives, for what reason do you rise?"

"Please state your point."

Speaker Turner: "Thank you. Representative… Representative Harms." 09800029.doc 2  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/14/2013

Speaker Turner: "Thank you. Welcome to your Capitol. Mr. Clerk."

"Representative Scherer, for what reason do you rise?"

"I ask to rise on a point of personal privilege."

"Please state your point."

"I have a group here from Taylorville, the Future Farmers of America and also from Maroa."

Speaker Turner: "Thank you. Welcome to your Capitol. Representative Sacia, for what reason do you seek recognition?"

"Thank you, Representative Sacia. Welcome to your Capitol, everyone. Representative Bost." 09800029.doc 5  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/14/2013

"Please state your point."

"Representative Unes."

"Please state your point."

Speaker Turner: "Thank you and welcome to your Capitol. Representative Moffitt."

"Please state your point, Sir."

"Welcome to your Capitol. Leader Mautino." 09800029.doc 6  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/14/2013

"Thank you. I wanted to join with the other Members and recognize the Putnam County FFA who are here with us in the gallery. And we appreciate their hard work and their instructors and all the ag and education folks as well as FFA that are here to join us today. Thanks."

Speaker Turner: "Thank you and welcome to your Capitol. Representative Davidsmeyer."

"Please state your point, Sir."

"Thank you, Representative. Representative Poe, for what reason do you seek recognition?"

"Please state your point, Sir."

"Thank you. Congratulations and welcome to the Capitol. Representative Mautino."

"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. I'd also like to have everyone add their 09800029.doc 7  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/14/2013 congratulations to a Member of this great Body, who is celebrating yet another one of her 29th birthdays, Representative Emily McAsey. Happy birthday."

Speaker Turner: "Happy birthday, Representative McAsey. Mr. Clerk, what is the status of House Bill 2265?"

"Thank you. We'd ask that all Members go to their seats and all staff retire to the rear of the chamber. Clerk, can you please read House Joint Resolution 12."

"Representative Rosenthal."

"Representative Sacia."

"Now, we shall have the moment of silence for Trooper Kyle Deatherage. Thank you. Representative Rosenthal has moved that all Members be added as Sponsors. Seeing no objections, all Members will be added as cosponsors to House Joint Resolution 12. Representative Rosenthal moves for adoption of House Joint Resolution 12. All those in favor say 'aye'… all those in favor vote 'aye'; all those opposed vote 'nay'. The voting is open. Clerk, please take the record. On a count of 116 voting 'yes', 0 voting 'no', 0 voting 'present', House Joint Resolution 12 is adopted. Representative Bost."

"Republicans will caucus in Room 118. Democrats will caucus… 115, my apologies. Republicans will caucus in Room 115 and Democrats will caucus in Room 114. Thank you. Representative Bost."

"Yes, Sir."

"A lot going on. On page 2 of the Calendar, House Bill 1154. Mr. Clerk." 09800029.doc 12  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/14/2013

"Representative Nekritz."

"Thank you, Mr. Speaker. This is the… impacts the… it's a pension Bill Amendment that sets a limit on the amount of salary that is… that can be subject to the pension. It would be the higher of the Social Security wage cap which is currently $113,700 or the employee's current salary, if it's higher than… currently higher than that pensionable salary or that Social Security wage cap. The Social Security wage cap is indexed to inflation so that number could grow over time. And I would urge your support."

"The Representative moves for the adoption of the Amendment. Seeing no debate, all those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment shall be adopted. Mr. Clerk."

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

"Representative Nekritz." 09800029.doc 13  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/14/2013

"Thank you, Mr. Speaker. I just described the… the Bill itself and this is identical to an Amendment that we considered last week on this floor on Second Reading that got 65 'yes' votes. And I would hope we could send this along as well."

"The Lady has moved for the adoption of the Bill. Representative Tryon."

"The Sponsor yields."

"No, Representative, this is not the retirement age Amendment. This is the pensionable salary cap Bill."

"Representative Nekritz to close."

"I urge an 'aye' vote."

"The question is, 'Shall House Bill 1154 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Monique Davis. Clerk, please take the record. On a vote of 101 voting 'yes', 15 voting 'nay', 0 voting 'present', House Bill 1154, having received a Constitutional Majority, is hereby declared passed. House Bill 1166. Mr. Clerk, please read the Bill."

"Representative Nekritz."

"Thank you, Mr. Speaker. This Amendment simply adds a title to the Bill."

"Seeing no debate, the question is, 'Shall we adopt the Amendment to House Bill 1166?' All those in favor say 'aye'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Representative Nekritz."

"Thank you, Mr. Speaker. I believe Representative Burke is going to present this Amendment."

"Representative Burke." Burke, K.: "Thank you, Mr. Speaker. Amendment 6 to House Bill 1166 changes the retirement age for those currently employed in Tier I. Ages 46 and above, there is no change to retirement age. Age 40-45, the increase in current retirement age is one year; 35-39 increase the current retirement age by three years; and ages 35 and younger increases the current retirement age by five years. It affects four of the five state pension systems. It is the verbatim provisions of House Bill 3411, sponsored by Representative Nekritz and Leader Cross, which has 32 bipartisan cosponsors. We recognize that the state's pension systems are severely underfunded. In order to stabilize the systems and preserve benefits already earned, 09800029.doc 15  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/14/2013 some changes need to be made. The public policy behind this provision seeks to protect those closest to retirement, those with the least opportunity to adjust their financial planning for retirement. As a component of a larger solution, this is a reasonable, carefully crafted measure designed to keep the pension systems solvent and available to current retiring employees. And I urge that it be adopted."

"Representative Tryon."

"The Sponsor yields."

"Representative Nekritz."

"Thank you, Mr. Speaker. I would just like to address the previous speaker's remarks and I think the Sponsor did a very good job of explaining why the… as a comprehensive package, why including this Amendment as part of it would be constitutional. I would just like to point out in the Arizona case I think it's very different. The level of crisis that the pension fund… pension systems in Arizona was facing relative… is nowhere close to what we're facing in Illinois. And as the Sponsor pointed out, we… they did not… they used this as their first tactic to try to address whatever situation they had. We, in Illinois, did raise taxes as a method of trying to make sure that we're addressing our fiscal crisis. We cut 2.7 billion… we've impacted Medicaid by $2.7 billion. We've cut education funding; we've cut health care funding. We have done… undertaken a lot of efforts to try to bring our fiscal house in order and we are still facing some very significant budget pressures, so I think we're very different than Arizona in that regard. The previous speaker also mentioned about contractual rights. Well, contractual rights vis-à-vis public bodies and governments are very different in the law as to private contractual rights. And I think we can all know that from our district office leases where I think the standard provision simply says when the state of… you know, we can get out with the 30 days… I believe it's like with 30-days notice we can get out and for any reason or no reason or if the money isn't appropriated by the State of Illinois. So, even though it's 09800029.doc 20  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/14/2013 a contract, it's a very different contractual right that you have, again, relative to a public body than you would in a private sector. And I think those are the kinds of things we look to in distinguishing… in making… in assuring that the con… that we are meeting the constitutional requirement that we're going to have to address as we go through this argument. Thank you."

"Representative Cassidy."

"Thank you, Mr. Speaker. Will the Sponsor yield?"

"The Sponsor yields."

"How will this affect police officers who are mandated to retire at 60?" Burke, K.: "Representative, the police officers now may retire at age 50 and so adding those provisions I don’t think will put them in jeopardy of that 60-year mark."

"They may retire at 50…" Burke, K.: "It's if they have…"

"…but they… there's a penalty when they do that, right?" Burke, K.: "No. If they have the number of years… the correct number of years…"

"Okay." Burke, K.: "…or the adequate number of years of service."

"Okay. But let's look at one that, perhaps, does not. If someone is going to need… who's not going to reach his years until 60, are we mandating additional time without actual pension benefits for those officers?" Burke, K.: "I believe, Representative, that in that particular case where someone would bump up against the retirement age 09800029.doc 21  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/14/2013 but not have reached their creditable years of service, that they would retire and just not be credited with those additional years of service. Does that answer your question?"

"I'm not entirely clear. As I read this, it appears to put our State Police officers in a trick bag and I'm concerned about that. But to the larger picture, I am… I joined with you in a Bill that included this provision, but you've talked about comprehensive reform. I'm growing concerned that, you know, while there are Amendments that have been filed that include some of the other pieces of comprehensive reform, such as the funding guarantees, such as the pension stabilization fund. As we take this piecemeal, I'm not seeing those make it to this order and I am deeply concerned about the direction we're going and doing all of the taking and none of the giving. And so while I, in concept, believe this is a good approach, a graduated approach that takes… that keeps in mind the impact on the retirees, I fear that doing this piecemeal puts us at risk of not getting a truly comprehensive response. So, at this time, I'm going to have to vote 'no' on the Amendment."

"Representative Williams."

"Thank you, Mr. Speaker. To the Bill. The issue of pensions is the issue I have studied most, talked about most and thought most about since I decided to run for office. Procedurally, I understand this is very difficult to approach a Bill with these Amendments one by one and to look at benefits without corresponding assurance that the 09800029.doc 22  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/14/2013 pensions will be funded and stabilized. The reality is, like every single area of state spending, however, we have no choice but to reduce expenditures in the long run. Not only is the growing pension payment untenable and crowding out other expenditures such as education and human services, it's unfair to those who have faithfully paid into the system for years and years to not provide some assurance they will receive their pension and funding will be guaranteed. Again, while it's challenging to review the provisions individually, there is a benefit to this approach. The consideration of these Amendments, as tough as it is one by one, enables us to find the needle as to what is fair and doable in terms of bringing stability to the pension systems. For me, this particular component will impact those that are not very close to retirement and while not an ideal step and not one that I wish to take, I think it is reasonable. However, I will echo the sentiments of Representative Cassidy in saying it is absolutely critical that any final package, including a local cost shift, so that my constituents, Chicago taxpayers, do not have to pay twice, there is a guarantee of funding and that there is a mechanism to establish a pension stabilization fund. Thank you."

"Representative Brady."

"The Sponsor yields. The Sponsor yields."

"Representative Burke to close." Burke, K.: "I think I can echo the sentiments of Representative Williams and that I, too, wish to see this as part of a comprehensive solution that does ensure that we make the payments and ensure the stability long-term of our systems. On this particular Amendment, I think it is reasonable. I think it's well-crafted and I think it will stand constitutional muster as part of a comprehensive solution. And I urge a 'yes' vote."

"Representative Burke moves for the adoption of House Amendment #6 to House Bill 1166. All those in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Monique Davis, Representative Flowers. Representative Flowers. Clerk, please take the roll. On a count of 74 voting 'yes', 43 voting 'no', 0 voting 'present', this Amendment is adopted. Mr. Clerk."

"Representative Nekritz."

"Thank you, Mr. Speaker. This is… we've considered Amendments like this previously as we've gone through this discussion. This only impacts the employee contributions and this particular Amendment would require employees to increase their contributions by three percent all at once."

"Representative Hoffman."

"Yes. Will the Sponsor yield?"

"The Sponsor yields." 09800029.doc 24  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/14/2013

"Just a quick question regarding the Amendment. I understand that that would increase the employee contribution by three percent. Is that phased in under this Amendment?"

"No, it would not be phased in. It would be in… all take effect in one year."

"To the Amendment, Mr. Speaker. As you may know, there have been proposals that… and I specifically have sponsored a Bill that would provide for an increase in employee contributions up to two percent. That two percent has been agreed to by organizations that represent working men and women in the state. The two percent, however, would be phased in over two years with one percent a year. So, the employees of this state, I think, understand that we have to stabilize the pension funds, but they would like to phase it in. They've agreed to a two percent increase in contribution. I believe that this… this all at once, is too much; therefore, I'll be voting 'no'. With regard to the general discussion, specifically the previous Bill and some of the other Amendments… or the previous Amendment and some of the other Amendments that we've heard previously, I just believe, if you look at the case law, if you look at the Constitution, there's no doubt that many of these Amendments, particularly the one previously, is unconstitutional. If we're going to fix the pension system, if we're going to really provide a solution, we ought to abide by the constitutional mandates and the Constitution of the State of Illinois. If we want to make it stable, if we want to make it constitutional, I think it's fairly 09800029.doc 25  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/14/2013 clear that you cannot change or take away a benefit that has been earned. Therefore, on many of these Bills, particularly the previous Amendment, I believe you are taking away an earned benefit. That's why I voted 'no' and that's why I believe that some of this… the actions that we are currently taking are going to be found unconstitutional. However, with regard to this Amendment, I believe it could be held constitutional; however, we should look at a two percent phased in over two years as opposed to just a three percent flat amount. That has been agreed to by those organizations and I believe that'd be a better solution. Thank you."

"Representative Sandack."

"Representative Lang."

"Thank you. Just in response to the previous speaker, without regard to my comments on this Amendment. Let me 09800029.doc 26  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/14/2013 just simply say it is our responsibility to do what's constitutional. We took an oath of office. First thing we said was we'll uphold the Constitution of the State of Illinois. So, each and every one of us has a duty and responsibility before we vote on a measure to determine whether we think it comports with the Constitution of the State of Illinois and then the courts will do their thing. As a practicing attorney, I took that same oath. And so, as we go through this pension issue Amendment by Amendment, that's what guides me and I hope it will guide you as well."

"Representative Nekritz to close."

"Thank you, Mr. Speaker. I just urge an 'aye' vote here."

"There's been a Motion that Amendment #7 to House Bill 1166 be adopted. All those in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Acevedo, Berrios. Representative Dan Burke. Clerk, please take the record. On a count of 37 voting 'yes', 79 voting 'no', 1 voting 'present', the Amendment fails. Representative Pritchard."

"The record will reflect your request. Mr. Clerk."

"Third Reading. Read the Bill, please." 09800029.doc 27  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/14/2013

"Representative Nekritz."

"Thank you, Mr. Speaker. We had a very thorough debate on this on Second Reading. This is the Amendment that would increase the… it would phase in an increase in age of retirement. And I would ask for your support."

"Representative Cross."

"Representative Sullivan."

"Mr. Clerk."

"Representative Nekritz to close."

"Thank you, Mr. Speaker. I appreciate that this is a challenging process, but this has been a very challenging problem that we face as well and while I thank Leader Cross for his kind remarks and I think you know, Leader Cross, that I feel the same way, that I appreciate very much your willingness to really work with me and Senator Biss to come up with a comprehensive solution that I think is constitutional and also fixes the problem in a way that we will not have to be revisiting this in a few short years. And I… and I… I know it's been difficult to step out and do that and I think… and I applaud you for that as well. But we have not been able to come up with… you know, working this way… working this Bill in a traditional way, we really have not been able to come up with a solution. I've served on pension task forces and I was a member of the pension… the Governor's pension working group last year. I sat through meetings with the Leaders and stakeholders on this. And all those very traditional kind of processes and the 09800029.doc 31  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/14/2013 kinds of things that we actually kind of complain about here where the Leaders come together and put a solution and then put it on the Members' desks, those traditional processes… processes have not worked. And so, I think it really is important that we try to do something different and find out what Members will support. In a lot of ways, this is back to the future. You know, I hear… before I was here, there were, you know, days where we spent hours and hours and hours considering Amendments on Second Reading and Members had the ability to file Amendments and consider different things and have debate about a whole range of things. I think that's… on this particular issue, I think that that's proving to be a very healthy kind of process. So, while I don’t know that any of us know where the end game is on this, as we go through a negotiation and we go through a process, I think that… I would certainly say that it appears to me that the Bill that Leader Cross has filed is apparent… it looks to be a very strong road map for how we are going to come to solution on that. And while the Senate has done something… got… you know, has gotten those Bills out of committee, I don't… I don't know where that's going to end up on the floor. We've done that numerous times in the House here to the point where I think the Pensions Committee is a little tired of taking testimony on the same thing and we’re going to be doing that again today. We've gotten numerous Bills out of the Pensions Committee, but they have not… but they've not moved ahead. So, you know, this process, I think, has really… is highlighting where we can support… and narrowing the kinds 09800029.doc 32  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/14/2013 of things that we're going to be able to consider as part of the comprehensive package. And so, with that, I would urge all of those who've supported this before and maybe a few others to come onboard and support the increase in age of retirement. Thank you."

"The question is, 'Shall House Bill 1166 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Christian Mitchell, Representative Jackson. Clerk, please take the roll. On a vote of 76 voting 'yes', 41 voting 'no', 0 voting 'present', House Bill 1166, having received the Constitutional Majority, is hereby declared passed. Representative Hoffman."

"Yes. I'd like the record to reflect that I meant to vote 'no' on that Bill."

"The record will reflect your request. House Bill 1. Mr. Clerk."

"Out of the record. Representative Chapa LaVia, House Bill 3. Mr. Clerk, please read the Bill. Clerk, please move that Bill to the Order of Second Reading. Mr. Clerk."

"Representative Chapa LaVia."

"Thank you, Speaker. I move for the adoption of 1, so that we could put it… is it on Second? So, we can move it to Third. Has it been adopted already?"

"Mr. Clerk."

"Can we move that to… have it adopted and move it to Third now? And read it on Third as… amended?"

"Representative, would you like to adopt the Amendment?"

"That's what I said earlier. Yeah."

"On the Amendment."

Chapa LaVia: "Well, on the Amendment. It's actually Representative Kay's Amendment that we're adding to the underlying Bill that extends the time period when a school district, other than Chicago school districts, may transfer surplus money from the school district's life safety fund to the operational maintenance fund for building repair work. And I ask for its adoption."

"The Representative moves that the Amendment be adopted. All those in favor vote 'aye'… all those in favor say 'aye'; all those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. Representative Costello, House Bill 100. Out of the record. Representative Will Davis, House Bill 101. Mr. Clerk." 09800029.doc 34  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/14/2013

"Representative Will Davis." Davis, W.: "Thank you very much, Mr. Speaker. Ladies and Gentlemen of the House, this is an agreed Bill. I'll be more than happy to answer any questions."

"Seeing no debate, the Representative moves for the… Representative Sullivan."

"He indicates that he does."

"Representative Davis to close." Davis, W.: "I ask for an 'aye' vote."

"The question is, 'Shall House Bill 101 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Bellock, Representative Drury, Jakobsson. Representative Drury. Clerk, please take the roll. On a count of 69 voting 'yes', 47 voting 'no', 0 voting 'present', House Bill 101, having received a Constitutional Majority, is hereby declared passed. Representative Gabel, House Bill 188. Out of the record. House Bill 962, Representative Thapedi. Out of the record. Representative Mautino, House Bill 982. Mr. Clerk, please read the Bill."

"Leader Mautino."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 982 as amended makes the Illinois law more consistent with the National Association of Insurance Commissioners' model regulation on variable annuities and contracts. Modernization of the law will allow Illinois domestic insurance companies to be on a level playing field with companies that are domiciled in other states. Appreciate an 'aye' vote."

"Representative Franks."

"Thank you, Mr. Speaker. Will the Sponsor yield?" 09800029.doc 36  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/14/2013

"He indicates that he will."

"Yes."

"Frank, I'm not sure why we need this. What's the benefit?"

"Well, about three years ago we created and voted on… it's actually something that Representative Osmond's husband and I worked to create which is the National Interstate Insurance Compact. And what that does, it sets model regulations so that a company can sell its products across all 50 states. Currently, 45 states are in it. We're now in it. We have not… agreed yet to the final changes in the law that would be necessary from our Department of Insurance. And this brings us into that compliance."

"Okay. But we're not like double-barreling guarantees, are we? Are we still going to make sure that there's enough guarantees…"

"Yes."

"…to cover any potential losses?"

"Yes."

"All right. I want to make sure the procedural safeguards are maintained."

"Yeah. They would… they would be and I think we took care of that in the first Amendment. And so, a type of a separate account we would be dealing with, it is a fixed annuity contract. Maybe something's market value adjusted. And they hold their assets in a separate account, but this allows that customer to invest them in a way that's more appropriate specific to that account."

"Okay. Thank you." 09800029.doc 37  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/14/2013

"Thanks."

"Representative Mautino to close."

"Appreciate an 'aye' vote."

"The question is, 'Shall House Bill 982 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Feigenholtz, Mell, Nekritz. Representative Smith. Clerk, please take the record. On a count of 117 voting 'yes', 0 voting 'no', 0 voting 'present', House Bill 982, having received a Constitutional Majority, is hereby declared passed. House Bill 1299, Representative Roth. Mr. Clerk, please read the Bill."

"Representative Roth."

"Seeing no debate, the question is, 'Shall House Bill… Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"The Sponsor yields." Davis, W.: "I just have a question and it probably may not be correct in the way I'm going to ask it, but if someone enlists in the military before this incident happened and then they participated in that incident and were, I guess, 09800029.doc 38  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/14/2013 subsequently discharged from the military maybe for a variety of reasons, would they still be considered a veteran even if only this short period of time?"

"The Lady from Cook, Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. Will the Sponsor yield?"

"She indicates that she will." Davis, M.: "Representative, does this legislation say that if you were a veteran, then your child can get a scholarship to the U of I?"

"Representative Nekritz."

"Thank you, Mr. Speaker. Will the Sponsor yield?"

"The Sponsor yields."

"Representative, are these are the veteran's grants that you're adding on to?"

"Does the state provide any funding to the universities for these grants?"

"Does the state provide any funding to the universities for these… for these veteran's grants? Do we reimburse the schools at all?"

"I'm pretty sure we don’t. And do you know what the cost to the universities is to provide these scholarships?"

"And do you know how much we've been cutting higher education over the last several years?"

"Well…"

"And I appreciate that, Representative. I just… it seems that when… as we're unable to dig our way out of our own fiscal crisis that we continue to add to the burden of the institutions and the school districts and so forth that… that we're unable to fund and so I think this… well, this is a very difficult Bill to vote against. I would agree. But I just think we need to be thinking about and concerned about the burden that we're continuing to place on our higher… institutions of higher education while… when we cut funding and then we're just… and then we're going to add to that."

"And how would… okay. And how are those… how are those scholarships awarded?"

"Because the universities make those decisions?"

"Well, I still think that…"

"I… I hear you, Representative…"

"…I just… it's still… you know, the veteran's grants are a wonderful thing that we do and I would love to keep doing them. I just have… I just think we need to be very conscious about how we… when we give things away that we can’t really afford at this point. And again, I appreciate that you're not adding to the number of them and I appreciate that clarification. Thank you."

"Representative Franks."

"Thank you, Mr. Speaker. Will the Sponsor yield?"

"The Sponsor yields."

"Representative, I've been listening to the debate and I understand that we're not adding additional scholarships. We're just adding people who can apply for those, correct?"

"And I'm not sure if you had the answer to whether if one is eligible for this whether that person would get into 09800029.doc 42  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/14/2013 the university regardless of whether they would based on other merits. These other… There was a problem we had when we were giving… when we used to have legislative scholarships. When someone would give a legislative scholarship, the school felt they had to accept that individual regardless of whether that person would have met the criteria. Is there any… is there any thought to this?"

"Oh, no. That's not what I'm saying."

"I'm saying we had a problem when we used to have the legislative scholarships…"

"…that when they were given, the schools felt compelled to take the individuals who received the legislative waiver because they were given. But there was… so I want to make sure that the children who would get these would be qualified otherwise to get into the university."

"Okay. Well, I hear what you're saying and I…"

"And as I'm reading the Bill and I know you didn't draft the original Bill…"

"…but as I'm reading the original Bill, the only criteria is that the student be 15 years or older and a qualified student. So, I'm wondering since my dad served in Korea, for instance, would I be able to apply for the waiver as a son of a veteran and I can go to the University of Illinois and go get my masters for free?"

"So, perhaps we should move this Bill back to Second and perhaps… I'm not kidding. I know you don’t like to hear it, but the fact is I think we can make a better Bill here and actually, if we're trying to help… because I think one of the preferences are… are for people whose parents are deceased, correct? That's one of the preferences in the Bill…"

"…the way it's drafted. I'm not sure it was the framers' intent to allow people in my position to be able to obtain a free waiver to the University of Illinois because I want to study theology or whatever I'd like to study at my, you know, more advanced age. Would it make more sense to perhaps put a time frame and have it to someone up to the age of 26, when right now under our… some of the other Bills we've passed, you can stay on your parents' health insurance until 26. Would it make more sense to perhaps mirror that instead of leaving this so open-ended?"

"Nor mine, nor mine." 09800029.doc 44  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/14/2013

"Well, we…"

"On this Bill, we've got time. I mean, it's not like we're rushed. It's on Second. You're not going to be prejudiced. I mean, if you're serious about making it a better Bill, I think we can. I think we're all in agreement that we'd like to allow other deserving students to go, but I just think that's a major loophole that if someone tests, I think it could have a detrimental effect for the people who we're really trying to help because people like me could fill it up."

"I'd like to do an Amendment right now, if you'd move it to Second. I'd be happy to."

"I don't understand why you wouldn't."

"Representative Dunkin. Representative Dunkin."

"Thank you, Mr. Speaker. Will the Sponsor yield?"

"The Sponsor yields."

"I thought you said Durkin, since he and I look alike. Representative…"

"…were you here when we voted on the legislative scholarship?"

"How was your vote?"

"You were a 'no' vote?"

"Can you explain why you were a 'no' vote?"

"It's a waiver. This is a waiver, correct?"

"Like a waiver. Hello, waiver."

"Representative, that was not my question."

"This is a waiver, correct?"

"Representative, my que…"

"Representative. I'm asking…"

"…very specific questions. You're saying this is a waiver, correct?"

"Okay."

"Representative…"

"…it's a yes or no question. Is this a legislative waiver?"

"Excuse me. A scholarship waiver for a university?"

"That's… that's a yes. Okay."

"I think we understand. Look, you voted 'no' on legislative scholarships because there are articles, I guess, in the paper with maybe one or three people out of the entire General Assembly. Somehow, that was bad because one or two, maybe three people ran across some issues and so that was a bad situation. Even though there was no cost to legislative scholarships which was also a waiver. This is a waiver."

"And you're trying to expand this, correct?" Roth: No. No, no, no. The number of scholarships stays…"

"Excuse me. Pardon me."

"Expand the pool."

"And the… and the value of this waiver is about how much?"

"You have no idea and you're introducing a…"

"…expanding the pool of a waiver."

"Representative, if you're given a waiver… hello? There's a value to it, right? Again, you voted 'no' on waivers last year."

"We ended that. And this is another waiver. It just has a specific name to it within this pool. And they… they put a value on that. What is the value of expanding the pool in this waiver?"

"So, how… so, let me go back to last year's vote where you voted 'no' on the waiver and I voted 'yes' on last year's waiver. Is this special treatment?"

"Yeah, veterans."

"Yes, it is."

"Wow. So, does this apply to any other state university?"

"Does this apply to any other state university?"

"All the universities are eligible and yet you still don't have an idea of what the cost would be of this waiver?"

"So…"

"Oh, my goodness…"

"…Representative, are you sure you're on the right Bill?"

"You're sure now."

"You men… you listed 102 counties. Everyone gets one or two and you think… you're confusing me. I'm trying to understand you in this legislation because you voted 'no' on waivers last year and you have a… you have a waiver again. And I'm torn. Any… and last question. Do you have a valued amount on how much this waiver would cost the state? Any idea?"

"What is that, Representative?"

"Representative, with all due respect, how much is that cost?" 09800029.doc 49  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/14/2013

"Representative, this is a waiver… to the Bill. Ladies and Gentlemen, this is interesting. We're here where the Sponsor, along with other Members, voted 'no' on the waivers last year and yet we're… she's introducing a Bill that says we should have another waiver at a particular university where there's a cost… direct cost associated with something along this and it's… it's in the millions of dollars. It's roughly $4 million, to be exact. I think, you know, having this Bill, you know, it’s sentimental; it's good. No one here is against veterans. But it's hypocritical, quite frankly, to come up with another waiver, scholarship, however you want to categorize it and then we put this here as if… waivers… I guess they're coming back. Maybe we should come back up with the legislative scholarship because 99.9 percent of us were very responsible in the legislative scholarships or waiver, but yet we're coming back to expand the pool here on this. I would encourage all of my Members to vote 'no' on this here. Thank you."

"Representative Flowers."

"Thank you, Mr. Speaker. Will the Lady yield?"

"She indicates that she will."

"You know, Representative, I really applaud what it is that you've done in regards to this legislation and let me tell you the reason why. The men who fought… the men and the women who fought…"

"…so we could be free to have this debate and to have this discussion. Their children made the ultimate sacrifice because their fathers and mothers, they're gone and these children are alone for the most part. So, this scholarship is for veterans' children. Am I correct?"

"Because of the conflicts that they were in, but Representative, there's other types of wars that's going on in our state. There's other children and other family members that are dying in various types of conflicts. Would you be amenable to adding those children the opportunity to go to school as well, to expand the scholarships? After all, the most important thing about these scholarship waivers is that, you're right, it's not really costing the state anything. You're merely expanding the number of people who are able to apply. But our tax dollars went to build the jails and we have no limits on the amount of people that we put in every day. Those same tax dollars went to build these schools of higher institutions… higher learning, but yet we want to place a limit on how many can apply. I really feel that all the children of the taxpayers of the State of Illinois who qualifies and who have a desire to do so should be able to have a waiver because their parents, in one conflict or another, by way of sacrifice, by way of having to pay their taxes when they really couldn’t afford it, they, too, should be afforded the opportunity to go to college. So, I just want to say to you, respectfully, that I understand what it is that you're doing and I am going to support the veterans. I am going to 09800029.doc 51  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/14/2013 support those children. I am going to support this Bill, but I want you to remember that all children deserve the same equal opportunity because of the various conflicts that their families are involved in. Thank you very much."

"Representative Costello."

"Thank you, Mr. Speaker. Will the Sponsor yield?"

"She yields."

"Representative Roth…"

"…and so everyone here can please listen. We're not talking about adding any other cost, correct?"

"Okay. We're talking about Beirut and Grenada, correct?"

"The amount of troops that were sent into those countries by our government, a very small number, correct?"

"And all we're doing is letting the children of those veterans… some living, some dead because we sent them there… the children of those veterans have the ability to apply for scholarships. Again, the number remains the same. The pool of the people that could apply for those scholarships is what grows at a very menial amount because there weren't that many people involved in the invasion, correct?"

"Ladies and Gentlemen, this discussion has gotten way out of hand. It's gotten very convoluted. All we're talking 09800029.doc 52  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/14/2013 about is allowing the veterans' children from Beirut and Grenada to have the ability to apply for these scholarships. I strongly urge an 'aye' vote as a veteran myself. Thank you."

"Representative Mautino."

"Thank you. I, actually, just wanted to commend Representative Costello. Things occasionally get a little silly here. But he kind of nailed that perfectly. We're adding in the… from two conflicts. And if you'll take a look at, actually, who is involved now. Pam, I commend you for bringing up the Bill. There are no additional scholarships involved that I can see here, but right now, the eligible folks are Civil War… Civil War participants or their children. Have there been any in the last few years that have applied? How about World War I? Do you know of any World War I veterans or their children who have applied? You want to turn Pam's mic on?"

"Okay. How about World War II, anybody?"

"Probably not. Korean conflict or Vietnam conflict. I think, as you can see from this, that the pool of students who would qualify is diminishing. And we have a class of veterans and true soldiers and heroes whose family members… and remember to get this scholarship or special preference, one of the members is deceased… to get the preference. You have two of these that are awarded. There are 102 at the beginning of the Bill. There are 102 awarded at the end of the Bill. I commend the Lady. She is adding in two classes 09800029.doc 53  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/14/2013 of students who will be eligible to receive a benefit on par with the other great veterans of our state who have been awarded. And I wanted to join Representative Costello in just clarifying that. Thank you. Vote 'aye'."

"Representative Bradley."

"Point of personal privilege."

"Please state your point."

"Well, she was just here. But today is Representative Emily McAsey's birthday. So, let's have a round of applause for my seatmate, Emily McAsey's birthday."

"Happy birthday, again…"

"Keep… keep applauding, maybe she'll come back here."

Speaker Turner: "…Representative McAsey. The Gentleman from DuPage, Representative Reboletti."

"Representative Roth."

"The question is, 'Shall House Bill 1299 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Representative Will Davis, Representative Dunkin. Representative Evans, Lilly, Fine. Mr. Clerk, please take the roll. On a vote of 113 voting 'yes', 0 voting 'nay', 0 voting 'present', House Bill 1299, having received the Constitutional Majority, is hereby declared passed. Representative Jackson, for what reason do you rise?"

"Mr. Speaker, would you let my vote reflect 'no' on House Bill 1166, please?"

Speaker Turner: "The record will reflect your request, Representative."

"Thank you."

"Representative Sims." 09800029.doc 55  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/14/2013

"Thank you, Mr. Speaker. On House… Mr. Speaker, on House Bill 1166, would you record me as 'no'?"

Speaker Turner: "The record will reflect your request, Representative. Representative Lilly."

"I rise to change my vote to 'no' on 1166."

Speaker Turner: "The record will reflect your request, Representative. Representative Dunkin."

"I rise to keep my vote a 'yes' on 1166."

"Duly noted, Representative. Mr. Clerk, Agreed Resolutions."

"Leader Currie moves for the adoption of the Agreed Resolutions. All those in favor will say 'yes'; all those opposed say 'no'. In the opinion of the Chair, the 'ayes' have it. Representative Moffitt."

"Please state your point."

"The Gentleman from Lake County, Representative Sullivan. What do you… for what reason do you rise?"

"Please state your point." 09800029.doc 56  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 29th Legislative Day 3/14/2013

Speaker Turner: "Thank you, Representative. Representative Bost."

"Please state your inquiry."

"Representative, nothing has changed. We'll get back to you. Mr. Clerk, committee announcements."

"Representative Reis."

"Please state your inquiry."

"I don't believe so, but we'll get back to you on that."

"Representative Ford."

"Thank you, Mr. Speaker. I just want to make sure everyone heard that Restorative Justice will be in D-1. Thank you."

"Representative Lilly."

"Yes, thank you, Mr. Speaker. I would like to remind the women, this evening at 5:00 in Room M-1 we're having the creative meeting for Capitol Capers. Please consider joining us. Thank you."

"And now, Leader Currie moves that we adjourn to Friday, March 15 at the hour of 10 a.m., allowing perfunctory time for the Clerk."