"The House will be in order. Members will be in their chairs. We shall be led in prayer today by Reverend Courtney Carson, who is with Antioch Missionary Baptist Church in Decatur. Reverend Carson is the guest of Representative Scherer. Members and guests are asked to refrain from starting their laptops, turn off cell phones and rise for the invocation and Pledge of Allegiance. Reverend Carson."
"Good morning, everyone. Let us bow and close our eyes and commence to prayer. Dear holy, heavenly Father, the merciful and the magnificent, the creator of every and all things inside and outside of this world. Dear God, we stand here before You saying thank You for this moment in time. Thank You for allowing us to set aside time to give You proper praise through prayer. Thank You for allowing this faction of august individuals to come together and through You determine what's best for Your land. Thank You for giving them the will and the deep desire to go through the process and the programmatic thrust of being actively involved in bettering the lives of others, God. Thank You for strengthening us this morning, dear heavenly Father. Thank You for waking us up and starting us on our way. Thank You for waking us up with the right mind to stay focused on You and do what it takes to better this world, dear heavenly Father. And heal the wounds in this land, dear heavenly Father. Thank You, as we go forth to replenish Your land and fortify the people of this remarkable State of Illinois. Thank You for all that You do for us, God, as we do everything for 09800068.docx 1 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 You, dear heavenly Father. In the magnificent, marvelous name of Christ Jesus, we pray, Amen."
"We'll be led in the Pledge today by Representative Drury."
"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. Leader Currie."
"Thank you, Speaker. Please let the record show that not a single House Democrat is excused today."
"Mr. Bost."
"Thank you, Mr. Speaker. Let the record reflect that all Republicans are present and ready to do the work of the people."
"There are 118 Members here, we do have a quorum. Chair recognizes Representative Scherer."
"Thank you, Mr. Speaker. Ladies and Gentlemen, I have a very special announcement to make this morning. Many of you will know Reverend Courtney Carson without even knowing it. You were maybe involved in a part of his success. And I am so proud to share this story. As I call him Courtney, Courtney was one of a group called the Eisenhower Seven from Decatur, Illinois. Some of you in back will know this story because you were involved in his success. Reverend Jesse Jackson came, they were in jeopardy of being expelled, it's a very long story. But success rose from that. Courtney is very athletic and ended up going to college on a track scholarship. He is now a college graduate and a minister who was almost expelled 09800068.docx 2 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 from high school. And he proudly shares his story and is a motivation and inspiration to many others. So, I'll bring him around and introduce him to those of you who were involved with this many years ago. So, that little kid grew up to be a fine young man. Congratulations."
"Thank you for being with us today. Mr. Harms."
"Thank you, Mr. Speaker. A point of personal privilege."
"Please proceed."
"Today is my Page… Pages for a day are Daniel and Brandon Gudeman. They're here beside me. And up in the gallery is their father, Dwayne Gudeman. If you would please welcome them to the Capitol."
"Welcome to the Illinois House. Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. I, too, wanted to rise and commend Reverend Cory. Illinois had a law a few years ago that said if a student was expelled, he could not attend any other school or he had to be out for a year or two. But if Cory had been expelled, he would have been too old to go back to high school and he would not have been allowed to graduate. Reverend Jesse Louis Jackson from Rainbow PUSH Operation and many from Chicago took buses to Decatur, talked to the ministers there, and prayed and preached and helped save many of those young people. I think it was seven of them. And today, this is an example of what good adult mentoring and caring can do. God bless you, Reverend Cory. We're proud of you and your success."
"Representative Tabares." 09800068.docx 3 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, tomorrow is June 1 and it's also the birthday of my issues staff, Lisbeth Ramirez, who is on the floor. Tomorrow's her birthday and just want to wish her a happy birthday. She does a very good job and works very hard. So…"
"Mr. Clerk."
Clerk Bolin: "Committee Reports. Representative D'Amico, Chairperson from the Committee on Transportation: Vehicles & Safety, reports the following committee action taken on May 31, 2013: recommends be adopted Motion to Concur with Senate Amendment #3 to House Bill 2764. Representative Chapa LaVia, Chairperson from the Committee on Elementary & Secondary Education, reports the following committee action taken on May 31, 2013: recommends be adopted Motion to Concur with Senate Amendment #2 to House Bill 192 as well as Senate Joint Resolution 32. Representative Currie, Chairperson from the Committee on Rules, reports the following committee action: recommends be adopted Motion to Concur with Senate Amendment #1 to House Bill 2423, and Motion to Concur with Senate Amendment #1 to House Bill 2753, and recommends be adopted Floor Amendment #1 to House Resolution 361. Introduction of Resolutions. House Resolution 442, offered by Representative McAsey."
"Ladies and Gentlemen, on page 5 of the Calendar, under the Order of Senate Bills-Second Reading appears Senate Bill 1756, Representative Willis. Please read the Bill."
"Senate Bill 1756, a Bill for an Act concerning criminal law. The Bill was read for a second time on a 09800068.docx 4 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 previous day. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Please read the Bill for a third time."
"Senate Bill 1756, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill."
"Representative Willis."
"Thank you, Mr. Speaker. This Bill is very similar to one that we passed earlier this year which was a House Bill, 2250. Basically, what we are doing is we are adding electronic cigarettes or nico… alternate… alternate… alternative nicotine products to the Tobacco Code. Prior to the introduction of these electronic cigarettes, there was no guidelines on minors being able to purchase them. So, really, these are nicotine delivering devices and minors should not be purchasing them, so we are adding them to the Tobacco Code. I request an 'aye' vote. And I'm willing to take any questions. Thank you."
"Lady moves for the passage of the Bill. Those in favor will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please record yourselves. Take the record, Mr. Clerk. On this question, there 118 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 1341, Mr. Welch. Please read the Bill."
"Senate Bill 1341, a Bill for an Act concerning conservation. Bill was read for a second time on a previous 09800068.docx 5 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 day. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Please read the Bill."
"Senate Bill 1341, a Bill for an Act concerning conservation. Third Reading of this Senate Bill."
"Mr. Welch."
"Thank you, Mr. Speaker. Senate Bill 1341 is an initiative of the Illinois Department of Natural Resources. This Bill would allow a local government defined as distressed by administrative rule to be eligible for funding assistance up to 90 percent instead of the 50 percent which is normal if it is awarded an Open Space Lands Acquisition and Development Grant. These grants would only top out at 10 percent of the total amount for any given year. I asked the Department of Natural Resources to provide a list of communities that would be impacted by this. And there are communities up and down the state, Democratic communities, Republican communities. This is a bipartisan Bill with support on both sides of the aisle. I ask my colleagues to vote 'aye' in favor of Senate Bill 1341."
"Gentleman moves for the passage of the Bill. The Chair recognizes Representative Davis." Davis, W.: "Thank you very much, Mr. Speaker. Simply, to the Bill. I certainly want to commend Representative Welch in terms of what he's doing. Park districts are one of the things that we all support down here in Springfield. And one of the opportunities that they have is they can apply for OSLAD grants. And prior to this legislation, OSLAD grants were, essentially, a reimbursement program to the park districts 09800068.docx 6 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 where they were required to spend all of the money upfront and then they were reimbursed 50… 50 percent of their expenses, which is great because obviously it's a 50-50 program. But what many park districts are experiencing is because they don’t have the resources that other park districts, they don't have the tax base feeding into them as other park districts throughout the state, is that many park districts are, unfortunately, unable to receive these resources. And they will apply for a grant, they will receive the grant, but because they don’t have the ability to fund that grant 100 percent on the front end, they, unfortunately, have to forgo these grant opportunities. And I think what the Representative is trying to do is trying to recognize that we have some challenging challenges with some of our park districts and try to create a better way of doing that for them, so that they can receive more of the resources back that they may have to expend for… for their particular park district. So, I think this is a fastic… fantastic Bill that he has brought forward. And I encourage everyone to support his legislation. Thank you."
"Mr. Sosnowski."
"Thank you, Mr. Speaker. Would the Sponsor yield?"
"Sponsor yields."
"I don’t disagree with the intent of this legislation, but my park district, specifically, contacted me with concerns about this. And, as you know, Rockford, Illinois has the second highest unemployment rate in the entire state and one of the lowest average incomes of anywhere in the… in the country. And we have one of the highest crime rates. I'm just 09800068.docx 7 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 wondering, and I'm trying to look at the analysis right now, what qualifies for a community to be distressed, because I'm being told that Rockford is excluded from this legislation and would not be able to qualify under this"
"Representative, thank you for your question. I think it's a very good question. I have provided all of the colleagues that had had similar concerns a list of the communities that are on the list currently. And you're correct that Rockford is not currently on the list. But the list can always change based on the definition that’s set out in the administrative rules with the Department of Natural Resources. As we discussed earlier in the week, even my communities are not on the list, and I'd love to show you the park district in the Village of Maywood. It certainly should be on the list. The Village of Broadview is not on the list. There's a number of communities in my very own district that are not on this list. I don't have one single community on this list. But there's communities throughout the state, Republican and Democratic communities, that are on this list and that can benefit from this award. There are two definitions in this Bill. One, is it can be economically distressed and that's in two parts. You have metropolitan communities and the non-metropolitan communities. And you also have physically distressed communities, communities that have been hit by some catastrophic event. The goal is to try to be as inclusive as possible. They can always look at these rules and… and tweak them. But if you look at the current list, it's a very inclusive list that helps communities throughout the state." 09800068.docx 8 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"I… I certainly understand that not all communities can be included, and I appreciate that. But… but what specifically is the criteria that determines that? Is it based off EAV, unemployment, average income, I mean… I'm just… you know, is it a disaster related issue? I mean what… what qualifies? I mean, I understood… I understand we can't include all communities, and I don't want it to be a partisan issue. But again, I get back to Rockford and what the issues that the City of Rockford has. I mean we are one of the worst off cities in the entire nation. We got a lot of good things going on, but when you just look at bare bones economics and economic development, quality of life, we have got a lot of issues there. And I'm just wondering what criteria, I mean I'm assuming there's some sort of formula that determines that. So, what excludes a community like Rockford?"
"Well, let me… let me first make it clear that no community is excluded from applying for an OSLAD grant. Those that are not on the list can still qualify for an OSLAD grant at the 50 percent reimbursement. Those that meet economically distressed or physically distressed definition would qualify for the 90 percent reimbursement. Currently, the… the definition is based on the EAV, the percent of the population below poverty, and have they received less than the fair share of OSLAD assistance. So, if your park districts, Representative Sosnowski, have not received their fair share, or any for that matter, that is a factor that will certainly be taken into consideration."
"Okay. To… to the Bill. I… you know, I certainly appreciate that. I'm just looking at the actual legislation 09800068.docx 9 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 here… I'm looking at the actual legislation here, and I don't see any criteria within the legislation that determines distressed which… which is a concern to me, Mr. Speaker. I just wonder who's going to be determining that. I certainly think it's a good program, a good proposal. I think that those communities that are distressed should certainly, you know, bear and receive some more of that financial assistance. But I don't see, within this legislation, how we're specifically looking at that and addressing that. And there's… there's really… I don't see a real good definition within this legislation, here, that defines distress. It's simply saying distressed. And for Rockford, Illinois, one of our communities in the state here, to not be considered distressed is definitely concerning. Thank you, Mr. Speaker."
"Mr. Welch to close."
"Thank you, Mr. Speaker. I think Senate Bill 1341 is a very good piece of legislation. It's a piece of legislation that helps communities all over the state, from Cairo to Chicago, from Macomb to… all across the state. I ask the General Assembly to vote 'aye'. Thank you."
"Those in favor of the Bill vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please record yourselves. Cavaletto, Dunkin, Meier, Sullivan, Unes. Mr. Meier, Mr. Sullivan. Please take the record. On this question, there 93 voting 'yes', 25 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 1280, Representative Nekritz. Please read the Bill." 09800068.docx 10 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Senate Bill 1280, a Bill for an Act concerning civil law. The Bill was read for a second time on a previous day. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Please read the Bill."
"Senate Bill 1280, a Bill for an Act concerning civil law. Third Reading of this Senate Bill."
"Representative Nekritz."
"Thank you, Mr. Speaker. This is an initiative of the Cook County Public Guardian. Right now, they have some trouble with out… getting information from outside parties and this would give them greater enforcement tools to get that information in… in the performance of their duties."
"Lady moves for the passage of the Bill. Those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Cabello, Schmitz. Please take the record. On this question, there are 118 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Mr. Drury."
"Point of personal privilege."
"Please proceed, Sir."
"I'm looking at the Roll Call for SB 20 from last night, and I thought was recorded as a 'no', it shows a 'yes'. I'd like the record to reflect that I was a 'no' on that Bill."
"The record will so reflect, Sir. On the Order of Senate Bills-Third Reading. Senate Bill 2381, Mr. Sandack. Please read the Bill." 09800068.docx 11 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Senate Bill 2381, a Bill for an Act concerning finance. Third Reading of this Senate Bill."
"Mr. Sandack."
"Thank you, Mr. Speaker. Good morning, Ladies and Gentlemen of the House. Senate Bill 2381 creates the Grant Information Collection Act. This Act requires the Chief Information Officer of the state, as designated by the Governor, to coordinate with each state agency to develop with any existing or newly available resources in technology, appropriate systems to accurately report data to obtain financial information. It essentially requires the grantor agencies that are authorized to award grant funds to any entity other than the State of Illinois to coordinate with this Chief Information Officer so that the Governor and the people of the State of Illinois have information with respect to grants. This data sets, at a minimum, are the name of the grantor agency, postal zip code, the description of the awarded grant, the amount of each awarded grant of funds is, the date upon which it's granted, and the duration of each awarded grant funds. These are minimum requirements and the information would be made accessible to everyone. And essentially, this is a good transparency Bill. I ask for your support."
"Those in favor of the Gentleman's Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mautino. Please take the record, Mr. Clerk. On this question, there are 118 voting 'yes', 0 voting 'no'. And this Bill, having received the 09800068.docx 12 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 Constitutional Majority, is hereby declared passed. Mr. Clerk, please read Senate Bill 2243, Leader Currie."
"Senate Bill 2243, a Bill for an Act concerning revenue. The Bill was read for a second time on a previous day. Amendment #1 was adopted in Committee. Floor Amendment #2 is offered by Representative Currie."
"Leader Currie."
"Thank you, Speaker, Members of the House. Can we adopt the Amendment, and then I'll describe the Bill on Third Reading?"
Speaker Lang: "Seeing no objection, those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Please read the Bill."
"Senate Bill 2243, a Bill for an Act concerning revenue. Third Reading of this Senate Bill."
"Leader Currie."
"Thank you, Speaker and Members of the House. The Bill, as amended, does two things. First, it provides that the members of publicly traded corporations, there will be a limit on the number of officers who need to sign certain documents in the Department of Revenue, and the material will include the last four digits of their Social Security numbers. The idea is that they already are required to do substantial filings under Sarbanes-Oxley so that a whole lot of additional information is not necessary. Second, this would affect a lawsuit that makes it possible for the sale of gas… I'm sorry, electricity in the State of Illinois to be subject to the 09800068.docx 13 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 sales tax. So, I would appreciate your support for passage of Senate Bill 2243. I am aware of no opposition."
"Mr. Harris." Harris, D.: "Thank you, Mr. Speaker, Ladies and Gentlemen. To… to the Bill. Senate Amendment #2, which the Lady just put on the Bill, was one which, I think, there has been some confusion on in terms of whether or not various groups or industries are opposed. I have checked with the… both the associations as well as the individual industries that deal with electric power generation. They are either neutral or in support of the Bill. The Lady was correct, it deals with a… a court decision as to whether or not electricity should be considered tangible personal property. Clearly, it is not, and we don't want to let it be considered tangible personal property because there are… there are consequences down the line which none of us would like if that were the case. So, again, there is no opposition that we know of to the Bill nor to Senate Amendment 2. And I encourage a 'yes' vote."
"Mr. Bost."
"Will the Sponsor yield?"
"Lady yields."
"Leader, exactly how much do we expect the tax to be raised by putting this in place?"
"No, no, no. We don't. We don't expect the tax to be raised. What we're trying to do is avoid a situation where we might… might find ourselves required to impose sales taxes on this material if we continue to treat it as tangible personal property. So, we may not have any choice. If this is tangible personal property then the sales tax would apply. And I don't 09800068.docx 14 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 think you want your constituents to have to pay sales taxes on the electricity they use to heat their homes and… and pow… power their ovens."
"Exactly… I'm… I'm trying to figure out, I know the court case, but exactly what are we looking at that… that fired this up originally, because we weren't charging this tax or…"
"No."
"…and now verifying that it's… it's not to be taxed, is that correct?"
"So, that's exactly right. I think the court decision was a surprise to everybody, and the consequences of that decision could include requiring a sales tax on the production of this energy use. And I think we don't want to do that. And I believe that is why the affected industries are either for the Bill or neutral."
"And…"
"As far as I know, there is no opposition."
"…and my other question has to be because this… this came up kind of late here in the year and… and…"
"Well, there…"
"…many of… from our side of the aisle, that's where the confusion has been. It… they're for it, they're not for it?"
"There had been… yeah. In fact, there had been a Bill introduced by Representative John Bradley, the Chair of the House Revenue Committee, but at the point at which that Bill was introduced, there was opposition. There is no longer any opposition, so his Bill didn't move because of opposition. But this Bill should move because there is now agreement that this is a smart thing to do." 09800068.docx 15 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Okay. Thank you."
"Mr. Franks."
"Thank you, Mr. Speaker. Will the Majority Leader yield?"
"Lady yields."
"Representative, I had met with the Department of Revenue on this, and the fact is, if we don't pass this, isn't there some concern that taxpayers will be taxed additionally for the receipt of their energy?"
"Exactly. Because if it is tangible personal property, then it would be subject to the sales tax. And for uniformity reasons, we might have no choice but to impose that sales tax. I don't think your constituents want to pay a sales tax for the energy that comes into their homes to run their furnaces and warm their ovens. So the… to avoid that prospect, I would very much encourage an 'aye' vote on Senate Bill…"
"I agree. And to the Bill. And I appreciate the Lady bringing this forward. Ladies and Gentlemen, understand a 'no' vote is a tax increase on your constituents. The correct vote here is to vote 'yes', so your constituents will not be taxed for the energy they receive in their homes. Please vote 'aye'."
"Leader Currie to close."
"Please vote 'yes'."
"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Brauer, Kay, Unes. Please take the record. On this question, there 103 voting 'yes', 15 voting 'no'. And this Bill, having received the 09800068.docx 16 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 Constitutional Majority, is hereby declared passed. Leader Feigenholtz."
"Thank you. I rise on a point of personal privilege. It's been brought to my attention that today, a woman who's been working in State government for over 30 years, 30 years of public service, Jeanie Ortego-Piron is retiring from the Department of Children and Family Services where she has shouldered the responsibility of being the legal guardian of all youth at… at the agency and the courts and has, in her career, protected well over 100 thousand children in the State of Illinois. I'd like to give her my hearty congratulations and gratitude and I'm sure the Body would acknowledge that."
"Thank you, Representative. Mr. Ford."
"Thank you, Mr. Speaker. Point of personal privilege. It seems like this is the most appropriate time. Many of you know a good friend of mine, Rob Moon. He's getting married in July… July 20. So, if you see Rob Moon, congratulate him, he's found the love of his life. He's a good friend to me and he's helped a lot of people in Springfield. So, congratulations Rob and Lisa on getting married."
"Congratulations, Rob. Moving to the Order of Concurrence. Ladies and Gentlemen, if you have a Bill on the Order of Concurrence, be at your seat, be ready. Let's move through these expeditiously. House Bill 189, Representative Cloonen. Out of the record. House Bill 948, Mr. Harris. Please proceed." Harris, G.: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 948 is the Adult Protective Services Act. The two concurrences from the Senate regard rulemaking 09800068.docx 17 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 authority and composition of fatality review teams, and also an appeal procedure for caregivers whose names may be placed on the registry. I would ask for your 'yes' vote."
"Representative Bellock."
"Thank you very much, Mr. Speaker. To the Bill. Just want to thank Representative Harris for all the work. We had a lot of conference calls all summer on this issue in response to a lot of the tragedies from Belleville. So, I support the Bill and ask everybody to support it too. Thank you."
"Those in favor of the Gentleman's Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please record yourselves. Have all voted who wish? Smith, Sullivan. Please take the record. On this question, there are 118 voting 'yes', 0 voting 'no'. And the House does concur with Senate Amendments 1 and 3 to House Bill 948. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1443, Mr. Moylan."
"Thank you, Mr. Speaker. I wish to concur with Sen… Amendments #1, 2, and 3…"
"Please tell us what they do."
"…to House Bill 1443. Thank you."
"Please tell us what they do, Sir, briefly."
"They… there's some language change, and they gut the first Bill and they correct some things that the House… the Senate sent over."
"Those in favor of the Gentleman's Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? 09800068.docx 18 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 Cassidy. Please take the record. On this question, 118 voting 'yes'; 0 voting 'no'. And the House does concur with Senate Amendments 1, 2, and 3 to House Bill 1443. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2250, Representative Willis. Out of the record. Just as a reminder, Members. This is probably the last time we're going through these concurrences. House Bill 2311, Mr. Beiser. Out of the record. House Bill 2408, Mr. Costello, please proceed."
"Thank you, Mr. Speaker, Members of the House. I wish to concur with Senate Amendment 3 to House Bill 2408. Last year, CMS was mandated to contract with a third party to manage the state's workers compensation claims. This language allows that. This is the same method used for a long time to fund the payments of health care claims under the group insurance program. I ask for an 'aye' vote."
"You heard the Gentleman's Motion. Those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please take the record. On this question, there are 117 voting 'yes'; and 1 voting 'present'. And the House does concur with Senate Amendment #3 to House Bill 2408. And this Bill, having received a Constitutional Majority, is hereby declared passed. House Bill 2423, Representative Davis, please proceed." Davis, W.: "Ladies and Gentlemen of the House, I move to concur in Senate Amendment #1 to House Bill 2423. This is…"
"Excuse me, Sir. This is going to come out of the record right now, I'm sorry. House Bill 2720, Mr. Rita. Out of the record. House Bill 2753, Representative Gabel." 09800068.docx 19 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Thank you, Mr. Speaker. I move to concur…"
"Out of the record. House Bill 2764, Representative Scherer."
"Thank you, Mr. Speaker. I move to concur with Senate Amendment 3 to House Bill 2764. The Senate kept my language to eliminate a fee that businesses must pay to display signs along the Interstate highways and to eliminate the need for costly enforcement system. The Amendment adds language to help reduce a backlog of signed permits in the City of Chicago. I ask for your favorable consideration and I'm open to any questions."
"Mr. Fortner."
"Thank you, Speaker. Will the Sponsor yield?"
"Lady yields."
"I know we've had different Bills over the different years with different concerns. One of the concerns is any time we deal with the definition of business areas with respect to signage, we have to make sure that we are going to be compliant with U.S. Department of Transportation rules. Does this Amendment that we're concurring in protect us so that we're not in danger of losing road fund money should… should the Department of Transportation find that this creates a conflict?"
"Yes, Representative. This is all been cleared with… with IDOT."
"Thank you very much."
"Those in favor of the Lady's Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please record yourselves. 09800068.docx 20 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 Crespo, Harms, Hays, Kifowit, Sims. Mr. Sims. Please take the record. On this question, 118 voting 'yes', 0 voting 'no'. And the House does concur with Senate Amendment… Senate Amendment #3 to House Bill 2764. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2767, Representative Kifowit."
"Thank you, Members of the House. This Senate Floor Amendment does not change the underlying Bill. It's related to a provision dealing with the Chicago Teachers' Pension Fund. There's no opposition to it. It's just cleanup language, and it's mostly technical in nature. And I ask for your support."
"Those in favor of the Lady's Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please take the record. On this question, there are 118 voting 'yes'; 0 voting 'no'. And the House does concur with Senate Amendment #1 to House Bill 2767. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2777, Mr. Moffitt."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. 2777 is an agreed Bill now, and this is a result of the EMS task force. We've had a number of these Bills. The Amendment that was put on in the Senate on ambulance inspection and dealing with licensures, it will be an annual inspection like it has been but it will be a four-year license for the vehicle. Lots of proponents for this, the Illinois Ambulance Association, Long Group, the Firefighters Association, the College of Emergency Physicians. We're 09800068.docx 21 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 making it more convenient, less regulation for… for our ambulance services. Appreciate an 'aye' vote."
"Those in favor of the Gentleman's Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please take the record. On this question, there are 117 voting 'yes'; 0 voting 'no'. And the House does concur with Senate Amendment #1 to House Bill 2777. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2955, Mr. Drury. Mr. Drury."
"Thank you, Mr. Speaker. House Bill 2955, I move to con… I'd move to concur. Basically, the Office of Management and Budgets request we extended the time they have to publish the online budget from 30 days to 60 days."
"Out of the record. Sorry, Mr. Drury. House Bill 3006. Sorry, Mr. Clerk. House Bill 3035, Representative Jakobsson."
"Thank you, Mr. Speaker. I move to concur with Senate Amendment #6. It amends the Engrossed Bill and allows IEMA to deposit money received from donations or sponsorships in the Emergency Planning and Training Fund. Those funds would be subject to appropriation and will effectuate planning and training activities. It also makes permissive the appropriation of the Emergency Planning and Training Fund for activities concerning Disaster Relief Act and the Federal Act."
"Those…"
"I urge an 'aye' vote." 09800068.docx 22 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Those in favor of the Lady's Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? McAuliffe, Turner, Welch. McAuliffe. Please take the record. There are 118 'yes'; 0 'no'. And the House does concur with Senate Amendment #6 to House Bill 3035. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3120, Mr. Mautino."
"Thank you, Speaker. I move to concur in Senate Amendment #1 to House Bill 3120. As the Bill went over, it had a land transfer for the Department of Natural Resources and in this land swap, the state received additional value… $1,200 hundred of additional value over the price of the price of land they were swapping. Second item in the Bill, which the Senate added in, was the… was a transfer of a road for one dollar through a municipal agreement in Oquawka Township in Henderson County. And the… the township is going to take over the road for public purposes. Know of no opposition. And I ask for an 'aye' vote."
"Those in favor of the Gentleman's Motion vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Burke, Franks. Please take the record. On this question, 116 voting 'yes', 1 voting 'no', 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3125, Mr. Mautino."
"Thank you. I move that the House concur with Senate Amendment 3 to House Bill 3125. This is the work product of the agreed Bill process for unemployment insurance. The folks participating in it and in favor of it are the labor and 09800068.docx 23 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 management groups that are throughout the State of Illinois. It makes three changes. It'll authorize electronic payments of unemployment… of UL. And it authorizes IDES to establish rule-making to mandate those payment of UI taxes. It also prescribes a penalty where employer pays by check, but it provides an opt-out for the employers not represented by large payroll services. It eliminates the requirements for employers to estimate monthly wages on new hire reports. It clarifies that IDES can accept electronic mailing receipts as proof of service. And a final item providing for that filing a fraudulent UI return will constitute a Class 4 felony. If the UI taxes owed are less than $300, will be a Class 3 felony. This is, as I said, a product of the agreed Bill process. Be happy to answer any questions. And I would appreciate an 'aye' vote."
"Those in favor of the Gentleman's Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Durkin. Please take the record. On this question, there are 118 voting 'yes', 0 voting 'no'. And the House does concur with Senate Amendment #3 to House Bill 3125. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Turner on a Motion to nonconcur with House Bill 3006."
"Mr. Speaker, I move to nonconcur with Amendments 3 and 4 to House Bill 3006."
"Those in favor of the Gentleman's Motion say 'yes'; opposed 'no'. The 'ayes' have it. And the Motion is adopted. And the House does nonconcur with Senate Amendments 3 and 4 to House Bill 3006. Under the Order of Senate Bills-Third 09800068.docx 24 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 Reading, there appears Senate Bill 2556. Let's… let's take that out of the record. Senate Bill 2555, Representative Will Davis. Please read the Bill, Mr. Clerk."
"Senate Bill 2555, a Bill for an Act concerning appropriations. Third Reading of this Senate Bill."
"Mr. Davis." Davis, W.: "Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. What you have before you is the K through 12 education budget for FY14. I would like to say before we get into the meat and potatoes of this that I'm very pleased at the work product that came out of the committee. I especially want to thank Representative Dunkin, the Chairman of the Higher Education Appropriations Committee, Representative Crespo, Chairman of the General Services Appropriation Committee, as well as Representative Mautino, and you'll understand why just shortly with regard to that. But the education budget this year was, indeed, very challenged. Under the initial walk through of the budget, there was some significant reductions that would've otherwise had to be made, but in our work groups we talked about what our priorities would and/or could be for… for this budget which included maintaining the 89 percent proration of general state aid. It also included keeping early childhood education flat. Also, included… thank you. Also, included keeping school transportation flat among other priorities. And I'm proud to say that we accomplished all of those things. It took additional revenue for us to get there, which is why I thanked all of the previous Gentlemen, because it did take some additional revenue for us to get here. I've always 09800068.docx 25 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 maintained that in order for us not to have make drastic decisions in a K through 12 budget that we need revenue. And I… I'm glad that… that that statement resonated with many Members here in the fact that additional revenue was provided. And as a result, priorities that were advocated for on both sides of the aisle were, indeed, maintained. With that being said, I'll be more than happy to answer any questions."
"Mr. Pritchard."
"Thank you, Mr. Speaker. Would the Sponsor yield?"
"Sponsor yields."
"Representative, we certainly applaud the efforts that you have made in the committee in trying to get more funding for education. I think from the very beginning we were discussing in the committee that we needed to look at our state priorities and appropriate dollars accordingly rather than the percentages that we've been dealing with in the silos of… of the state budget. So, I applaud the effort that you and others have made in getting some additional funding into the education line item. You mention the general state aid is going to be flat. At what level is this going to be paid from what the Education Funding Advisory Board says ought to be the… the reimbursement for educating our young people?" Davis, W.: "If you're talking about the proration of general state aid, the proration for FY14 will be 89 percent, so the proration is maintained from the previous year. In order to make that happen, there was a need to include over $150 million to maintain an 89 percent proration."
"And that proration is that… is on what kind of base level of funding?" 09800068.docx 26 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 Davis, W.: "Are you… are you talking about the…"
"The EFAB number. I believe the number is 6119." Davis, W.: "Well, that's… that's the fully fund. I think…"
"I know." Davis, W.: "…were you asking…"
"And this is 89 percent of that amount. But the point I was trying to make, if we look at the 2013 report from the Education Funding Advisory Board, they say we ought to be funding another $4.7 billion to a level of $8,672 per student. So you understand that we're certainly better than or equal to what we were last year, but a lot lower than what we are supposed to be if we're going to be meeting the obligations in our Constitution. You've indicated that there was some additional money coming into this budget from higher education. Can you tell me how much that was?" Davis, W.: "From the Higher Education Appropriations Committee, we received approximately $35 million."
"And that's just used to… to help with our general state aid and our other budget line items?" Davis, W.: "Well, I mean, you could say it was used for all of the line items, if you will. Again, when we, if you recall, when we were going through our work process, in order to maintain the 89 percent proration, we would have… we needed to add $150 million plus to that line. So even after doing that, we were still $250 million in the hole in terms of what we would need to maintain flat levels of spending across the board. So, the additional revenue, in addition to what came from the committees, we talked about the income tax refund fund, things of that nature. We… we received from those 09800068.docx 27 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 sources approximately $220 million, approximately $220 million. So, we still had a shortfall, needless to say. So we got resources from Higher Ed Appropriations, General Services Appropriation to help shore up our budget. And I rep… mentioned Representative Mautino because the downstate Transit Fund provided us with an additional $550 thousand which went specifically to help bring up the Ag education line."
"Correct. And that is an appropriate addition, and we certainly want to thank the Representative for that effort. Is that fund, though, an operating fund or is it a… call it a Capitol Fund that has not been used?" Davis, W.: "If I can allow Representative Mautino to speak to that… Speaker, if I can let Representative Mautino speak to that very brief question that would be… please?"
"Mr. Mautino is recognized."
"Thank you. And Representative Pritchard, as we had talked about, I wanted to first of all commend the Chairman, Will Davis. Through his allocations the Ag and Education Fund had been brought from 1.8 million down to 750 thousand. He worked very well with Representative McAsey, brought that up to a million two. That, for a small line, is still a pretty heavy cut. So about a week ago, he came to me and asked me about two separate funds. One is the Downstate Transit, the other is called the Transportation Investment Fund, and in that fund is about $45 million, of which not all that money is allocated. That is the money for purchasing of… of transportation vehicles for paratransit. So, there was an allocation there, and it consistently refills itself, that's 09800068.docx 28 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 the way that fund works. And so, in talking with the Governor's Office and with Representative Davis, you and I had discussed it, for that line item we used, and it's in Section 40 of the budget, $550 thousand which will allow flat funding for Ag education throughout the whole state. But predominantly, that is how we pay our teachers of the high school Ag Education Program. Thanks."
"Thank you. Representative Davis, there's also a line in here $350 thousand for targeted initiatives. Can you amplify what that is?" Davis, W.: "I believe what I explained in committee, Representative, that those dollars are being used to support some after-school related programs which, I feel, is germane to our overall budget."
"Were these programs on a grant request basis or is this an ear mark, so to speak, in the budget?" Davis, W.: "Well, I guess you could say they were a grant request, but they are a one time grant request in our budget."
"Is it true that this is a grant request from two Representatives?" Davis, W.: "Yes, Sir."
"So, you're going to write a letter instructing the State Board of Education how to distribute this 350 thousand?" Davis, W.: "They have already been instructed."
"Also, in this, we have a change from the Senate on the assessment, to require a writing assessment that will take funding away from what the Federal Government requires. Does this put us at risk of the federal funding for assessment?" 09800068.docx 29 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 Davis, W.: "Well, I… I think, as I've talked to the State Board of Education, that is, indeed, a possibility, Representative. So, what we're trying to do with the State Board of Education is to try to figure out how to fill that request for the writing assessment, and that was a request that came over from the Senate in a… in a way that we don't impact any federal funding that we may receive with regard to our assessments line. And then, maybe figure out how to way to help back fill that at some point in the future."
"It… it just seems interesting that we would take an optional assessment and fund that rather than actually funding some of the other, call it mandatory assessments that the Federal Government has asked us to do." Davis, W.: "Well, I… I think if I remember correctly in committee, when we presented this, a representative from the State Board of Education did kind of lay out potentially what a plan could be to help address this particular issue that came over from the Senate that is… that would impact things that are not necessarily mandatory as you… as you've indicated."
"Mr. Speaker, to the Bill. Ladies and Gentlemen, we have before us a budget that's basically flat with last year that clearly doesn't fund education to the level that it's needed and required by our Constitution. But unless we start dealing with the funding issues, we don't have much choice. It is important to note that Mr. Davis also has a Senate Joint Resolution 32 before us that would look at the whole issue of funding education and how those funds are distributed to the general state aid formula. So, I compliment him on moving that piece of legislation forward and actually taking a close 09800068.docx 30 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 study at what we're doing. Finally, I would just say that it is a disappointment that we had good engagement in the committee throughout the process until the eleventh hour. And then, for some reason, the door was shut to this side of the aisle in consummating an education budget that meets our obligations. So, I'm disappointed that we have turned this into a partisan issue after working in a very bipartisan basis. I hope we can return to that bipartisan level. I also hope that we can focus the limited dollars that we have on a budgeting for outcome basis. And that we don't continue to fund programs that don't meet the objectives that have been set for them and seem to be wasting money. And I also hope that we don't use the ear mark going forward and putting money into single Member districts. Thank you."
"Mr. Ford."
"Thank you, Mr. Speaker. Would the Sponsor yield?"
"Sponsor yields."
"Representative, congratulations on the budget. You may have one of the most important budgets in the General Assembly. Can I ask you, one, how does this Bill improve on last year's approp Bill?" Davis, W.: "Well, I think one way it does is that one of the overall challenges in… in our Bill was general state aid. General state aid is the most flexible spending pot of money that a school district has. So even when we're talking about making adjustments to a variety of the smaller grant lines, if that school deemed that that grant line or what would… what that grant would do is important, they can use their general state aid dollars to help bring that program into the 09800068.docx 31 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 school. So, to answer your question, how does this overall improve, we were able to find the resources to keep the proration of general state aid at least flat from last year in addition to a few other priorities, again, that include school bus transportation, which may not necessarily impact Chicago as much, but certainly all other districts throughout the state, early childhood education, which is something that we all talked about. Spending for that was maintained at last year's level. And with the additional resources that we received, we were able to even maintain bilingual education, something that impacts a lot of our districts at a spending level as the same as last year. So… so, to answer your question, I think, again, the fact that we're able to maintain the level of spending from last in… in several of these lines is how we're helping to improve education in the state versus less resources which will require districts to make very tough choices."
"And I'll come back to the bilingual education. Is there… have you figured out a way of how we can better fund education, being the appropriation chair of education?" Davis, W.: "Well, having been here for 10 years, one way that we were thinking about it doing it, is that was, we passed an income tax increase a couple of years ago with the idea of possibly using a lot of that money to help shore up education, but also, at the same time, looking how to reduce the burden of funding schools on… on property tax. So, that was one big conversation that we had for a number of years in order to try to do it. But I will say moving forward, and a previous speaker mentioned Senate Joint Resolution 32, which will be 09800068.docx 32 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 an opportunity for us to, in official manner, come together to really look at how we distribute the dollars… the state dollars that we have. That may not be able to impact local resources and how those dollars are distributed, but in terms of the state's resources and also living up to the state's responsibility of being able to primarily be the funder of schools in Illinois, hopefully that conversation that will come from that Resolution will help us to better answer your question."
"And you feel this budget is for all of Illinois and everyone should benefit from it, correct?" Davis, W.: "Well, absolutely. I mean this is the budget that funds schools throughout the entire State of Illinois."
"Is there a line item in your budget for a high school for the Austin community?" Davis, W.: "For the… a line item for the Austin community? When you say for a high school, this is not a capital Bill."
"I know, but it's funding education. And…" Davis, W.: "Okay. Well, to answer your question, it is no. But I would then say that this is not a capital Bill if you're talking about enhancing a high school. But presumably, through the Chicago CPS system, the high school you're speaking of should benefit from the dollars that are available to all school districts."
"So, I want to ask about the CPS. How much money is in this budget for CPS, and is there any accountability for CPS to improve upon the delivery of education for the students in the school district of 299?" 09800068.docx 33 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 Davis, W.: "Oh no. Hold on, Representative. I didn't quite hear the last part of your question. You said how much money goes to…"
"How much… yes… how much money is allocated? I think that people should know how much Chicago Public Schools receive out of your budget this year, out of this year's budget, and if there are any accountabilities for CPS to deliver better education and services to the students in the District 299?" Davis, W.: "Well, you… you ask… you ask for a number. I don't think I have… I don't have an overall number. The Chicago Public Schools system, through primarily many block grant opportunities, receives money from several of these… of these lines. So, they are a part of the formula spending that school districts, many… all school districts are a part of, whether they are a foundation school district, a alternative grant school district, or a flat grant school district. So CPS falls, I believe, into the foundation level school district, and so, the dollars that they receive are based on a… a formula spending, but I don't have an overall number for you."
"All right. And I thank you for the bilingual funding at… at FY13 level. What I would like to encourage you to do in the future is make sure that your budget improves upon bilingual education for all students. This state is moving in the direction where, I think, everyone should have the ability to learn Spanish as a second language in… in the State of Illinois. So I think that in the future, you should consider doing that because I believe all students should have a right to learn Spanish in the State of Illinois." Davis, W.: "Thank you very much, Representative." 09800068.docx 34 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Thank you very much."
"Mr. Costello."
"Thank you, Mr. Speaker. To the Bill. As a downstate Democrat that voted against the education appropriations Bill last year, I want to commend the Chairman and the… and the Sponsor on what he's done. Adding monies back in to transportation is crucial to downstate education. I also am very pleased to see Ag in the classroom essentially left flat. Thank you. I urge an 'aye' vote."
"Representative Hernandez."
"Thank you, Speaker. Would the Representative yield?"
"Sponsor yields."
"Representative, this… I… let me first start by actually thanking the Chair and all the Members who worked very, very hard on trying to come to some sense on a very, very difficult time. This particular committee was… had to face really doing some heavy duty cuts. And at one point, Representative, would you say that we were looking and at least we had heard back from our districts that some of the districts were going to have to take up to, or getting ready to take up to an 82 percent proration rate. Was… isn't that right?" Davis, W.: "Could you repeat that? Oh. I'm told the answer to that question is yes. Under… under the… under where we were, that would have been the scenario."
"And then we had to go even further to possibly even cut early childhood by 50 million. Isn't that correct as well?" Davis, W.: "That would've been correct." 09800068.docx 35 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"And then, for a… a program that I consider very important, in particular to bilingual communities, that that program was going to take a considerable cut as well. Is that correct?" Davis, W.: "Correct."
"So, it… it really is important to recognize and thank the other Chairmen from the Appropriation Committees, Representative Crespo and Representative Dunkin, for recognizing that education is definitely the way that we have to invest to keep our children in a competitive state when they… they complete their education. To the Bill. I just want to express that this was really, truly a difficult work group that… it was… it was really very difficult to face the kind of cuts that we were going to do. And if it wasn't for coming together and helping at least bring the… the lines up to… to the level. 89 percent proration rate to the districts are going to make a big difference, at least I know that in my district. They're very, very, very happy to hear that we at least maintain, although we do need a lot more work. And the hope is that that proration starts increasing little by little as… as the years move on. But I truly want to thank, once again, the Chairmen, all the committee Members, Representative Crespo, Representative Dunkin for your help. Thank you."
"Mr. Davis to close." Davis, W.: "Thank you very much, Mr. Speaker. Let me thank the Vice Chairman of the committee for her comments. Again, we expressed our gratitude to Representatives Dunkin, Crespo, and Mautino for their additional help to help shore up the 09800068.docx 36 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 education budget. And… and I also want to thank the Members on the other side of the aisle because essentially where we left our conversations, we were all struggling with some of the difficult decisions that had to be made with regard to the education budget. But I'm very proud to say that where we wound up and the budget that you have in front of you, that you're going to vote on very shortly, handles a lot of the priorities, if not all of the priorities, that all Members of this chamber wanted to see happen. Again, keeping the general state aid proration at 89 percent, keeping level transportation, keeping level early… early childhood education, keeping level bilingual education. Those were some very, very important initiatives that impact most, if not all of our districts in some way or another. So we were able to maintain that spending. And again, I've always maintained that in order for us to be able to do everything that we'd like to do with education spending, it does cost. There is a need for revenue. And the great thing about this chamber is that, whether or not we can haggle and debate over increased spending, if we want to, we can also determine that any increased spending can go for priorities that we all think they should go to, education, K through 12 education being one of them. So, again, as we continue this dialogue, let's not leave additional revenue out of the conversation, because we know that that's something that we need. Representative Pritchard indicated that we wish we could spend more for our schools. Well, we need revenue in order to be able to spend more for our schools. So, again, let's not leave additional revenue out of the conversation as we work together to make 09800068.docx 37 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 sure that all of the priorities that each of us wants in education are met through our actions. I ask for your support."
"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please take the record. On this question, there are 71 voting 'yes', 47 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Chair recognizes Mr. Costello."
"Thank you, Mr. Speaker. Point of personal privilege."
"Please proceed."
"I would like the Body to understand that Representative Franks has a green button on his desk for a budget Bill… an appropriations Bill."
"Mr. Franks."
"Could you please have the electrician come over and have my green button removed? Thank you."
"So many things to be said about that. Mr. Clerk."
"Committee Reports. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules reports the following committee action taken on May 31, 2013: recommends be adopted, referred to the floor is Floor Amendment #4 to Senate Bill 1329, recommends be adopted is the Motion to Concur with Senate Amendment #1 to House Bill 2955."
"Senate Bill 2556, Mr. Dunkin. Please read the Bill."
"Senate Bill 2556, a Bill for an Act concerning appropriations. Third Reading of this Senate Bill." 09800068.docx 38 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Mr. Dunkin."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 2556 simply combines House Floor Amendment #1 to House Bill 210, as well as House Floor Amendment #1 to House Bill 211 as recommended to the floor by the House Higher Education Appropriations Committee a few days ago, May 28 of this year. It provides operational lines funding for universities of $1.1 billion. It represents level funding of Fiscal Year '13 across most lines. It also increases general revenue funding by $1.1 million from Fiscal Year '13. I would ask for an 'aye' vote."
"Mr. Pritchard."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, these numbers are basically flat from last year. As we look at the funding, do they reflect the budgeting for outcome that we passed last year?"
"Yes, Sir."
"In your assessment, has that program worked? Are we encouraging our universities and colleges to do more things that are helping students progress?"
"We continue to look at it for now. For the most part, you know, it's… it's early on."
"I notice that there was about $32 million that was transferred to the K-12 line. Was that because we didn't need it in higher education?"
"Gentlemen, can I interrupt you briefly? It's very noisy in the chamber. Ladies and Gentlemen… Ladies and Gentlemen. I'm just going to hold the debate 'til the chamber 09800068.docx 39 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 quiets down. That's much better. Please proceed, Mr. Pritchard."
"The question I asked, was the $32 million that was transferred not needed in higher education?"
"Representative, members of the committee, along with other appropriations committees, viewed the additional dollars that we had would be better spent in elementary and secondary education to help relieve some of the financial pressures at that level. We also, as you know, were very successful at keeping funding flat from last year which, originally, we were ready to cut either at five percent as proposed by the Governor even though the committee, collectively, Democrats and Republicans, agreed to a two percent reduction from last year. So, we came out with flat funding in higher education, and we were able to save elementary and secondary education."
"I… I don't think that there was an agreement for a two percent reduction. That's when our conversations ended. I think we were trying to live with the Speaker's request for a one percent reduction, and when it went to two percent, we said where's that money going? Why… why do we need to take it away from our universities and colleges? So, that's where we had disagreements and that's where we fell apart. One of the program line items has $457 thousand for the Chicago State University to do an aft… to do a recruitment and a counseling program that looks very similar to the Illinois Student Assistance Program. Why do we need to do these two kinds of programs?" 09800068.docx 40 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Representative, I just want to answer a couple of your questions. Had we moved ahead with the Governor's five percent reduction, we would've cut higher education by $91 million. Had we came up with the agreed two percent, the GOP and Democrat agreed budget, we would've reduced higher education spending by $51 million. So, for us to come out without any cuts in any state university, that was a major accomplishment."
"Well, there are some universities, because of the budgeting for outcome, that are getting less, so we can't make that statement. We'll say that it went through the formula and that's the way it turned out. But on the Chicago State University program, they received funding last year. And as I understand, the evaluation of this program, that program was outsourced. The University isn't even managing the program. And that that program was used to buy two cars. That looks like an inappropriate use for this funding if we're trying to help students get scholarships and go to college and understand that they can have a better future. That's where some of our discussion about how the money was going to be used, and that's why we particularly questioned this particular program. Another one of the programs that we questioned, you remember, was $600 thousand for the Quad City Manufacturing Center. This is a program associated with Western Illinois University that the University didn’t even ask for. I think our… our Chair… our Republican Chair of that committee can amplify, but I think that these are examples of… of parts of the budget that should be tighter so that we can give it to the universities. And as we heard yesterday, 09800068.docx 41 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 talking about the cost shift, really focus on what is the cost of an education today and how can we get more of our young people to go to community colleges or a four-year institution and better their life and their better their opportunities. I think we've got to look very carefully at how we're using money in making sure that we're getting the outcomes that are appropriate. Thank you."
"I would agree with you, Representative."
"Representative Hammond."
"Thank you, Mr. Speaker. To the Bill. Ladies and Gentlemen, we've heard about an agreed process and what we agreed to. There is a vast difference on the way this committee was conducted last year versus this year. A vast difference. And at the end of the day, I think everyone will acknowledge that the Republicans were uninvited to the working groups. Now, there was a reason for that, Ladies and Gentlemen. And the reason is, when you look at this higher education budget and you'd think, well that's not so bad, looks like we have not only funded them level funding from last year or very minimal cuts, we even have some universities that have an increase. Western Illinois University would be one example of that. We have a $600 thousand increase to Western Illinois University that they did not request, was not a priority. In fact, it is a pass through to the Quad Cities Manufacturing Lab, under the guise of the College of Engineering which, by the way, is just getting off the ground. I am very confident it is going to do very well. And right now, it has six students. That's $100 thousand per student. But this is a pass through so that in the coming months we 09800068.docx 42 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 can see an even larger pass through from the Federal Government because apparently they, too, have a whole bunch of extra money. This budget is loaded, loaded with pork projects. My colleague was kind enough to call them earmarks, I call them what they are. They are pork projects. So, if you're going to vote for this budget, I get it. I get it. But I am not going to support a budget that is a sham, that is loaded with money for pork projects that the State of Illinois does not have. We have a $7.5 billion deficit. Over a $100 billion deficit to our pension fund. We can't pay our bills, Ladies and Gentlemen. We certainly don't have room for pork projects. Thank you."
"Mr. Jones."
"Thank you, Mr. Speaker. To the Bill. You know, I don't know, in listening to my colleague, if they sat in the same committee that I did. Because it seems like they're confused about what we did in our budget and what we did in our committee, and they don't understand how a process goes with a line item or creating a budget. Or they don't understand how a process goes when creating a budget because our process last year was the same as it was this year. The only thing that they’re not seeing is that they did the same thing that they did this year that they did last year which was vote 'no'. And it seems like they want to continue to be the party of the 'no' and not realize that education is important to our communities. So, in looking at this side of the aisle taking 71 votes and this side of the aisle, 47, against a responsible budget that we all put together, they can't go back home and tell their constituents that they voted for 09800068.docx 43 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 education because they voted 'no' against it and we took the hard vote. I commend Chairman Dunkin, not only for this process that we undertook, but it was also reasonable. They can say that it was pork projects all they want to, but we know the universities and colleges and also what we did with K through 12, and supporting Chairman Davis, not only helps the continuing of education but is going to make sure that we have a great education system in our community. So, it's time that the other side of the aisle fess up to them voting 'no' and go back home and look their constituents in the eye and tell them that they were not a part of this process. We had a great committee process. And hopefully next year, they agree they want to work in a higher education budget. And I… I would urge an 'aye' vote on this Bill."
"Representative Will Davis." Davis, W.: "Thank… thank you, Mr. Speaker. To the Bill. Very similar to what my previous colleague just said with regard to what we will call the continuum of education. Some were dismayed at the resources that were provided from the Higher Ed Appropriations Committee to the Elementary and Secondary Education Appropriations Committee. But… but that's relative, Ladies and Gentlemen. If we're talking about the education of our children, we have to look at how that works from the beginning until the end. While we have separate committees that addresses, you know, the K through 12 side as well as the higher Ed side, but it is a continuum of education. And the more that we can do on the front end of the conversation helps as these young people progress along. That is, unless, your idea of education is paying enormous amounts of money to 09800068.docx 44 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 continue to incarcerate individuals, because that's what we do when we do not invest in education. So, I'm very proud of the resources, and, again, I thank Chairman Dunkin for suggesting that we could utilize those resources to help shore up the K through 12 budget. Because, again, what's more important, paying enormous amounts of money to incarcerate someone or making the investment on the front end in early childhood, making sure our schools have adequate resources, to make sure that we are producing young people who can take our places one day, be the next whatever they want to be in society here in the State of Illinois. So, again, Ladies and Gentlemen, we have to support the continuum of education. And if that requires continuing to move resources around, particularly between two… those two budgets, then that's what we have to do because we all run on education, we all support education, so sometimes we have to put our money where our mouths are. Thank you very much."
"Mr. Verschoore."
"Thank you, Mr. Speaker. I take exception of one of the former speakers about the Western Illinois money. We have a manufacturing lab that's on the Rock Island Arsenal that is one of the largest employers in our area. It was the largest employer, now I believe it's second largest employer. This is a money well spent. The college in… in Quad City campus was funding this before. This will just be able to extend this program where these engineers work part time on that Arsenal. It's like a hands on training. And I don't know what other people think, but it's like anything else. You can only learn so much out of a book. Hands-on is an added… like icing on a 09800068.docx 45 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 cake, I would say. But this… over at this lab, they're experimenting with titanium. They have… they have the most knowledgeable person in the world working with this titanium. Titanium is the future metal product for army, for all things. It's lightweight and much stronger than any other metal. This could make Western Illinois part of being on the cutting edge of the next generation of metals and stuff. We also, up in Frank Mautino's area, has a place that produces this titanium powder, but they don't have a place to manufacture it, and we have that place in the Arsenal. So, I think it was money well spent. And… and the… the Speaker said that the… the University didn't want the money, but I had a… I have a letter, over in my office from them, stating that they… they were appreciative that we got it. Thank you very much."
"Representative Soto."
"Thank you, Speaker. To the Bill. I just want to mention to my colleagues on the other side, I feel different from how you feel because I… I sit on the Elementary-Secondary Appropriations Committee and Higher Ed, Vice Chair to Higher Ed. And I think it was a great working relationship that we've had throughout the Session. And I'm sorry that you feel the way you do. I wish you were voting 'yes' on these Bills because we did work to… on them together. I applaud everyone here for working together because I thought it was… it was even fun 'cause, I mean, we just we really work well together. I want to commend the… the Chairman, Dunkin, for all the work that he's done. He went beyond to really try to keep everything level. I think it's going to work for all of us whether we admit it or not. Having, you know, level funding 09800068.docx 46 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 is really going to help the students in the State of Illinois. The economy's so bad that some… some students can't even afford to go on to higher education. And if we didn't keep this budget level, some kids would have to drop out of school. It would be really hard on them. And, again, I applaud everyone. Again, I hope that next year it could be better in your view. But… and I'm hoping that, maybe even some of you on the other side, can also give us some 'yes' votes, because we're all going to benefit from it. So, again, Chairman Dunkin and Members of the Committee, and both sides of the aisle, I commend everybody for trying, you know, get everybody ahead. Thank you."
"Mr. Reboletti."
"Will the Sponsor yield?"
"Sponsor yields."
"Representative, when you were crafting this budget, did it anticipate any of this pension shift or property tax shift as you were moving the ball forward?"
"No, Sir. That was not our charge in the committee."
"That wasn't your charge?"
"In the… in our committee. We were well along the way with… with crafting a budget that resembles no… no cos… no cuts in any state university, no cuts in any community college, no cuts in the monetary war program, no cuts in the Board of Higher Education, no cuts in any state higher institution that every single university agreed on. There was no resistance whatsoever. We actually increased higher education's budget by close to $12 million dollars. The Governor wanted to reduce it by $91 million dollars. The 09800068.docx 47 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 Republicans and Democrats, we agreed to cut it by less than two percent at $51 million. We actually raised it to 11.4 additional dollars of a $2 billion budget. So that was sort of what our focus was. And this is something that, really, all Members, on both sides of the aisle, can be proud of. When they go home, not one university, not one community college is going to say why did you cut my funding here, why'd you reduce us? Not one. That's what this budget is."
"Mr. Speaker, to the Bill. I'm not really sure why the universities would celebrate this budget. I guess it could've been worse. However, each one of these institutions is owed millions and millions of dollars, so we can promise them the world or we'll promise them that things will be flat, but then we'll tell them that they'll have to wait nine months to get some of this money even though they have to start budgeting almost right away. We talked about this yesterday. We start doing these shifts and start taking more money away from the students at these universities, yet one more burden that these institutions will have to bear. And so, while people were celebrating and clapping on the floor yesterday when that Bill passed, I don't think any of these institutions of higher learning were celebrating, because they're stuck with the tab. And I can tell you that I can go back to my district and squarely look in my constituents' face and tell them I was cut out of the proc… process. Maybe the Bill could have been better. Maybe the focus should be working in a bipartisan fashion, not letting our Members know by electronic media or by, maybe, email or websites or public radio exactly that a budget deal has been struck. We go 09800068.docx 48 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 through this exercise every year. Last year, we were cut out at the very end because we couldn't get a deal on pensions. And here we are a year later, and we're still at the same position with pensions, a budget that overspends. We had 1.3 billion in new revenue in April. That money is long gone. You're going to be passing a Resolution probably later today to move the… the goal posts from 35 billion more towards 35.5 billion. And last year, you overspent by about a billion and a half over the Resolution that was passed. How is that progress towards bringing fiscal sanity to the State of Illinois? That's why I'm urging a 'no' vote."
"Representative Tracy."
"Thank you, Mr. Speaker. I'd like to yield my time to Representative Hammond."
"Representative Hammond."
"Thank you, Mr. Speaker. I just want to quickly note, one of the of the previous speakers mentioned that, regarding the project at the Quad Cities Manufacturing lab, that they had a letter requesting that project from Western Illinois University. I think it is very important that the taxpayers of Illinois understand that that letter was coerced from the administration. Thank you."
"Representative Jakobsson."
"Thank you, Mr. Speaker. I rise in support of this Bill. It's very good that our higher institutions of learning are being level funded this year. And with the message that they got earlier, that the Governor wanted to cut them by five percent, I think most of them were quite relieved if… if not pleased that they're being level funded. And when the 09800068.docx 49 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 question was asked about moving money from Higher Ed to K through 12, I think that was something that, you know, at first I looked and thought oh, we're going to give away our money. And the more I thought about it, the more I thought of the demands that we've put on our higher education and all of us with… and other places when we ask for performance based funding and ask them to report to us. You know, why are students needing to have more time to graduate from higher education to get their degrees? And why are there so many remedial classes? One of the reasons for these is that we find that there are more and more students who are not prepared for our higher education courses, and so to help our K through 12 close that door of having more students get to be in Higher Ed and not be prepared, I think by transferring some of this money to K through 12 was a good move to do, even if we… it looked as though we were giving it away. We are concerned about making sure that our young people get the high quality education that they deserve. So, I urge an 'aye' vote for this Bill."
"Mr. Dunkin to close."
"Ladies and Gentlemen, Members of this House. Let me first start off by saying a heartfelt and warm appreciation from myself. A thank you to Dan Frey, a thank you to Greg Willis, a huge, gargantuous thank you to brother, Mark Jarmer. Thank you, Sir. Their efforts played a major role in crafting this budget and working with the Senators on both sides of the aisle. The House Members here in this chamber, Republicans as well, this started off at a very high level of cooperation in budget instigation for this type of higher education for all 09800068.docx 50 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 of our kids. Vice Chairman, Cynthia Soto, helped lead this effort. We are not cutting any state university in this budget. We are not cutting any community college in this budget. We are increasing by almost $2 million the MAP program, the Monetary Award Program, so every student, all across this state, can get a quality education. When you educate a people, you raise a nation, and that's what this budget does. There are multiple levels of program support here. We're doing a… an incredible job because we're adding value to so many lives here in this state. We're giving everyone an opportunity who wants to be a student, from veterans to mothers and fathers who are working several jobs. This gives them an opportunity to educate themselves, so they can prepare themselves for productive employment, for business starting, for a number of ways in which we educate all the Illinoisans here who want to be educated. This is a responsible budget. This is a budget that we should all feel proud of. I would find it very difficult for anyone to vote against this budget, 'cause a vote against this is a vote against higher education. A vote against this is a vote against your own community college. Who would want to do that? This is a tremendous, tremendous value added here in our state's government. We all talk about education and what us… and what we want to do to invest in it. Here’s an opportunity to do that. I'm looking forward to working with all of my colleagues again and having their imprint on this budget. And I'm sure this is a budget that every single one of us are going to be proud of. Again, thank you staff for help crafting it alongside of us, thank you additional chairs who we worked 09800068.docx 51 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 with each other, and thank you, my Democratic Members, who really played a wonderful role in taking advantage of doing the right thing at this time, in this state, in this House chamber. I would ask for an 'aye' vote. Thank you very much."
"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Drury. Please take the record. On this question, there 69 voting 'yes', 47 voting 'no', 2 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Returning to the Concurrence Calendar, Mr. Clerk. House Bill 2423, Representative Will Davis." Davis, W.: "Thank you very much, Mr. Speaker. I move to concur on Senate Amendment #1 with House Bill 2423. Sorry, I just ate a Blow Pop from Representative Ford. I apologize."
"Sure, blame someone else, Sir. Please proceed." Davis, W.: "It's my understanding that the Amendment is technical in nature and cleared up a language change requested by the Illinois Hospital Association. Thank you."
"Those in favor of the Gentleman's Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Bellock, Crespo, Ives, Tryon. Mr. Tryon. Please take the record. On this question, there are 118 voting 'yes', 0 voting 'no'. And the House does concur with Senate Amendment #1 to House Bill 2423. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2753, Representative Gabel." 09800068.docx 52 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Thank you, Mr. Speaker. I move to concur with Senate Floor Amendment #1 to House Bill 2753. The Amendment just stated that the state should consider the lessons learned from the advisory's council's final report. There were a number of organizations who worked with us on that advisory council who wanted it perfectly clear in the… in the language in the Bill. I appreciate an 'aye' vote."
"Those in favor of the Lady's Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Reboletti, Tracy. Please take the record. On this question, there are 108 voting 'yes', 10 voting 'no'. And the House does concur with Senate Amendment #1 to House Bill 2753. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bills-Second Reading, page 4 of the Calendar, Mr. Clerk, Senate Bill 572, Mr. Ford. Please read the Bill."
"Senate Bill 572, a Bill for an Act concerning education. The Bill was read for a second time on a previous day. Amendment #1 was adopted in Committee. Floor Amendment #3 is offered by Representative Ford."
"Mr. Ford."
"Thank you, Mr. Speaker. I move for the adoption of House Floor Amendment #3. It's a gut replacement, and it clarifies… it makes technical changes to House Amendment #2."
"Those in favor of the Amendment will say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Please read the Bill." 09800068.docx 53 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Senate Bill 572, a Bill for an Act concerning education. Third Reading of this Senate Bill."
"Mr. Ford."
"Thank you, Mr. Speaker. I want to thank Speaker Madigan for allowing this Bill to be called and this task force to be set up. We spoke and he's very much in favor of moving small businesses ahead in the State of Illinois and creating a strong work force development. And so, when we spoke on Saturday, this is what we came up with, to have a task force to work on the very issue of empowering small businesses in the State of Illinois and increasing work force development, and so, that's what this task force does. And I move for the passage of Senate Bill 572, go to concurrence or whatever it's doing."
"Mr. Reboletti."
"Will the Sponsor yield?"
"Gentleman yields."
"Representative, why is the chairperson of the U of I board of trustees a chairperson, and why does the… and why are they staffing this work… this task force or work force group?"
"It's a… I think it's the most appropriate measure, in my opinion, to have the universities staff it, and they do lots of research at the university level. And I think it's appropriate to allow students and the people at the University of Illinois staff it."
"And they're supportive of it?"
"They're not in opposition of it. I've spoke with them and they're ready to go to work." 09800068.docx 54 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Thank you."
"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Cavaletto, Tracy. Please take the record. On this question, there are 116 voting 'yes', 2 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 1245, Representative Williams. Please read the Bill."
"Senate Bill 1245, a Bill for an Act concerning employment. The Bill was read for a second time on a previous day. No Committee Amendments. Floor Amendments 1 and 2 have been approved for consideration. Floor Amendment #1 is offered by Representative Williams."
"Representative Williams."
"Thank you, Mr. Speaker. I'd like to move to table Floor Amendment #1."
"The Lady moves to table the Amendment. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is tabled. Mr. Clerk."
"Floor Amendment #2, offered by Representative Williams."
"Representative Williams."
"Floor Amendment #2 becomes the Bill. And I'd like to advance Floor Amendment 2."
"Would you like to tell us what the Amendment does briefly."
"I'd be happy to go into more detail on Third, but the Amendment basically deals with the PSEBA benefit which is the Public Safety Employee Benefit for firefighters and law 09800068.docx 55 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 enforcement office… officers catastrophically injured. And the Bill basically requires a report to be issued so we can get a better understanding of the benefit, how it works and how it's impacting our state's finances."
"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Please read the Bill."
"Senate Bill 1245, a Bill for an Act concerning employment. Third Reading of this Senate Bill."
"Representative Williams."
"Thank you, Mr. Speaker. This Bill addresses, again, as I said when we moved the Amendment, the Public Safety Employee Benefit. And as many of you are aware, we have made many attempts to change the benefit over the years and to make sure that we get a clear picture of what the benefit does, how it works, what it's costing our municipalities. This Bill proposes to create reporting and for COGFA to issue a report and collect data as to the specifics of the benefit. It's… the language has been worked on with the Municipal League, with some of the unions, and as far as I know, there's no opposition at this time."
"Lady moves for the passage of the Bill. Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Kosel. Please take the record. On this question, there are 118 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is 09800068.docx 56 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 hereby declared passed. Senate Bill 1006, Mr. Drury. Please read the Bill, Mr. Clerk."
"Senate Bill 1006, a Bill for an Act concerning criminal law. The Bill was read for a second time on a previous day. No Committee Amendments. Floor Amendments 1 and 2 have been approved for consideration. Floor Amendment #1 is offered by Representative Drury."
"Mr. Drury."
"We're on Floor Amendment #1, Mr. Speaker?"
"Floor Amendment #1, Sir."
"Thank you. Members, Senate Bill 1006, House Floor Amendment #1, amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. And it simply adds to the list of offenses that trigger the requirement of a custodial interrogation to be electronically recorded. Working with various parties, we are rolling out these eight additional felonies over a three-year time period. Also, this Amendment cures a loophole in the current statute that currently did not allow for a full recording of a custodial interrogation. I ask that we adopt Floor Amendment #1."
"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"Floor Amendment #2, offered by Representative Drury."
"Mr. Drury."
"Floor Amendment #2 is a technical change to the language on House Floor Amendment #1 and simply deals with one of the exceptions and what the state of… the state of knowledge the 09800068.docx 57 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 interrogators need to have for an exception to apply. I ask for the adoption of Floor Amendment #2."
"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. But notes have been requested on the Bill as amended and have not been filed."
"Please hold the Bill on the Order of Second Reading. Under the Order of Resolutions appears House Resolution 383, Mr. Brady. Please proceed, Sir."
"Thank you very much, Mr. Speaker, Ladies and Gentlemen of the House. House Resolution 383 simply seeks to have the Auditor General conduct an audit of the Police Training Board with respect to the Death Certificate Surcharge Fund in hopes to answer questions as to distribution of funds. I'll be happy to answer any questions."
"Those in favor of the Gentleman's Resolution will vote… will say 'aye'; opposed… those in favor will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Mitchell. Please take the record. On this question, there are 118 voting 'yes', 0 voting 'no'. And the Resolution is adopted. House Resolution 389, Mr. Bradley."
"Thank you, Mr. Speaker. This is the update to the House Revenue estimates. We had discussed this previously due to testimony by COGFA, Department of Revenue, Office of Management and Budget. The House Revenue and Finance Committee in a, unfortunately, partisan manner chose to raise the revenue estimates by $365 million to take into account 09800068.docx 58 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 changes in the tax refund rate and the surplus in the taxed… income tax refund account. I would ask for passage."
"Mr. McSweeney."
"Mr. Speaker, to the Bill. Only in Springfield could we come up with accounting that we're going to take $300 million in excess revenue and we're going to increase the budget next year. The state is insolvent. We can't declare bankruptcy, but if we were in bankruptcy, we would have to use all of the revenues to pay down bills. We have $7 billion of unpaid bills. This is a bad idea. We are in jeopardy of another bond downgrade. We are in jeopardy of not being able to fund basic social services. This is a crisis. We are spending money like drunken soldiers. We have to stop this. We have to stop this. The spending is out of control. Stop the madness, and let's stop spending money like drunken sailors. And let's vote this down."
"Mr. Harris." Harris, D.: "Thank you… thank you, Mr. Speaker. And as a former soldier, I'm glad he corrected himself. Oh, except for the sold… sailor over here. Ladies and Gentlemen of the House, what are we doing here now? Huh? We’re raising the revenue estimate. Why are we raising the revenue estimate? Because we've already spent the money. It's already spent. Ladies and Gentlemen, seriously, let's look at the wording of this Resolution for just a second, because what we're saying is this Resolution raises our revenue estimate. The testimony in committee from the Illinois Department of Revenue, from the Governor's Office of Management and Budget, from COGFA did not raise the revenue estimate for FY '14. It simply said 09800068.docx 59 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 that we have left over from FY '13, $300 million. It doesn't say we're going to bring more than what we initially said in our earlier Resolution that said we were going to bring in 35 billion .081. You know for… for the freshmen here, I… I think you should pay attention to this, because let's go back just one year, and on March the 1st of 2012, this House passed House Resolution 707, which gave us a revenue estimate of 33 billion… $33.7 billion. Three weeks later, on March the 29th, we passed House Resolution 706, which allocated how we were going to spend that money. And I was proud to join the Speaker of the House, the Minority Leader, the Chairman of the Revenue… House Revenue and Finance Committee, to cosponsor that Resolution. And that Resolution laid out a firm path on how we get back to fiscal solvency in the State of Illinois. Let me read, for just a second, what was said in House Resolution 706. 'Resolved, that if the actual amount of general funds that become available during state fiscal year 2013', the one we're in right now, 'exceeds the House's estimate set forth in House Resolution 707, then the excess shall first be used to reduce the backlog of unpaid state obligations to the extent authorized by law with a comptroller prioritizing voucher payments for Medicaid obligations'. Well, this House smartly said anything above 33.7 should be used to pay old bills, prioritizing Medicaid. And guess what, we had an April surprise, we could pay back our Medicaid bills substantially. Great. But all of a sudden, we now have $300 million that's leftover from the… from the refund fund that was set up. And it's leftover because, again, this House did a great job in appropriating the dollars to put into the 09800068.docx 60 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 refund fund so that our income tax refunds are now all paid. And we've got $300 million leftover. But what did this House say to do with that $300 million? They said pay the old bills. That's what this House said. Us, together, we said let's get our House… our fiscal House in order and any extra money, let's pay the old bills. And for the freshmen, that's what we did. That's the Resolution that we agreed to. Unfortunately, this year we couldn't come to an agreement on how the allocation was supposed to be handled. But nonetheless, we have, in essence, a governing document, House Resolution 706 from last year that said anything leftover, pay the old bills. So, what are we doing? We've got $300 million. We're not paying old bills. We're putting it into spending. Folks, you know the numbers as well as I do whether it's $5 billion dollars, $6 billion dollars, $7 billion of old bills, they're still there. You know our pension problems as well as I do. Let me just close by saying this. This is what was said by the Daily Herald, a major newspaper in… in lots of our areas, about the spending. And it says 'We have just one thought to emphasize for lawmakers contemplating revenue thirsty programs. Don't do it. It's dangerous, short-term thinking, the kind of immediate gratification that has led us to the sorry condition we find ourselves in today. The strict control of spending should remain an unwavering driver of the state's fiscal thinking'. Folks, this House led the way last year and the past… and the year before that, thanks to the leadership of the Speaker and the Minority Leader and the Chairman of the House Revenue Committee. We led the way in passing Resolutions that said we're not going to spend more than what 09800068.docx 61 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 we take in, and if we do, it goes to old bills. Is the piece of paper worth anything that the words are printed on if all of a sudden we take $300 million and put it into new spending? We've already done it. We've already spent… spent it because of the appropriations, and quite frankly the money is there. But we're going against absolutely what we said. It's not good fiscal policy. We're never going to get out of this jam if we continue to do things like this. This deserves a 'no' vote."
"Representative Bellock."
"Thank you very much, Mr. Speaker. To the Bill. Just want to reiterate some of the things Representative Harris just said as budgeter, and we've worked together in a bipartisan fashion last year to address the revenue and what we were going to spend. This year, that extra 365 million that was found, I really don't think should go into new revenue, because that was a one-time find out of the income tax fund. So, I would suggest, as Representative Harris did, that that money should go to pay down old bills. In the Resolution from last year, in a bipartisan manner, we addressed paying down $800 million in old bills. And then we also said if any new revenue was to come in, we would pay other bills that could be federally matched, such as Medicaid bills. And that is a good fiscal approach. This year, in the new budget Resolution, there is not mention of that and we now know that we're only going to pay down $650 million in bills in the 2014 budget. And we probably will have more new revenue, and there is no mention of if there is new revenue that we will go to pay down Medicaid bills where we could get 09800068.docx 62 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 federal match and help out paying other things such as education or roads. I want to bring up one other thing. Today in the Tribune editorial, it was very interesting called 'Spend, Spend, Spend'. This budget is $2 billion … has $2 billion of more new spending when we have a 9.3 unemployment rate now in Illinois. We have been downgraded 11 times since 2009. Downgraded 11 times and yet we're going to have $2 billion in new spending. Everybody knows I share an interest in human services and in education. I know how important those are. But I know how important it is to get our state on a best… better fiscal footing. And those are the serious concerns we have in addressing this issue right now. Thank you."
"Mr. Sullivan."
"Ladies and Gentlemen, you've heard a lot about this Resolution and what it means for us today. I want to talk about what it means a year from now today. So, we have this found money that we want to spend, or let me rephrase that, that you guys want to spend, the Majority Party. So you've built in $365 million of base spending of one-time revenues. I think we all know what one-time revenues mean, that means when you do the FY '15 budget, you're going to have to reduce spending by 365 million. But also, let's not forget the… the big boy in the room. FY '15 budget has to… is going to have to built around the fact that the tax increase goes away. $1.7 billion worth of revenue will not be there. So if you add it up, when you go into FY '15's budget, you have over $2 billion you're going to have either find again or cut, or more likely than not, you're going to take that tax increase 09800068.docx 63 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 and make it permanent. So when you vote for this, in the back of your mind, start thinking about your options. 'Cause it's only a year away and you're going to have to deal with it. Thank you very much. Oh, and Mr. Speaker, if this should get the requisite votes, I would like a verification."
"Your request is acknowledged. Mr. Reboletti."
"Actually, I was going to ask for a Roll Call. I ask for a verification also. And I move the previous… I can't move the previous question though, but…"
"You don't need to. You were the last speaker. Mr. Bradley to close. Mr. Bradley."
"We… we began this process… we began this process, as I recall, before this General Assembly was ever sworn in. We began the process, and we started taking testimony from COGFA and the Department of Revenue and the Office of Management and Budget, and anyone else on either side of the aisle, on either side of the rev… revenue or fiscal opinions to come and offer testimony. Last year, when we passed a revenue estimate, it was a bipartisan effort. Representative Harris, my dear friend and colleague, Republican Spokesperson on the Revenue Committee, and I, were soundly criticized from sides all over that we were low, that we were conservative, that we had made up the number, that we had made up the number. The results of those efforts set a course for this state that has now allowed us to be in a position to dig out of the fiscal mess that's been taking place for decades. And so when Representative Harris says that some of the decisions that now can be made are able to be made because of the efforts of this House, that is completely accurate. There would have 09800068.docx 64 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 been no April surprise. There would have been no $3.5 billion pay down of bills this year had this House not set a fiscal responsible course in the last fiscal year budget. That money would have been spent prior to being received from the state. That much is true. However… however, we haven’t had that same kind of help this year. Despite efforts by many people on both sides of the aisle, we waited… we waited for a response. We waited for a counter alternative. We waited to get help, to keep these numbers in a bipartisan manner. The response we got was the following…"
"Mr. Harris, you… oh."
"To be accurate, I would've had to wait three months. To be accurate in that depiction, we would've had to wait three months. So, that being said, the basis for the revenue estimate coming from COGFA, COGFA now changing their assumptions on the tax refund and the refund rates, we have had to make additional decisions. We are still going to pay in the next fiscal year budget approximately $1.3 billion of old bills by matching the 650 million of old bills in next year's fiscal budget with the federal match. We still paid $3.5 billion of old bills in April as a result of the April surprise. So, don’t be on your heels when you vote for this. Don't be on your heels when you support this, 'cause we're still paying old bills, we've paid old bills. And unfortunately, we're having to do it on our own this year. Mr. Speaker, I'd ask for an 'aye' vote."
"I believe Mr. Harris's name was used in debate. The Chair recognizes Mr. Harris." 09800068.docx 65 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 Harris, D.: "Thank you, Mr. Speaker. And normally I don't stand after somebody uses my name in debate, because it really doesn't make that much difference to me. But I'm going to take the opportunity here to do that. The Gentleman the… the distinguished Gentleman who's the Chair of the House Revenue and Finance Committee is absolutely right. What we did last year was the good thing. We said, hey, COGFA came in at 33.9, but we're going to pass a Resolution at 33.7 and be conservative because we know we have old bills to… we have to pay. We know we have obligations that have to be met. We know we have to put the state on a sounder financial stabl… stability. That's what we did. What this House did, with the leadership of the Speaker, with the leadership of the Minority Leader, with the leadership of the Chairman of the House Revenue Finance… Revenue and Finance Committee, was absolutely on track, absolutely on track. Now, remember, he didn't correct my statement. COGFA did not change its revenue estimate for FY '14. It's simply an additional $300 million that's leftover from FY '13 that we're moving and transferring into FY '14. But the point here is this. We're spending every single penny that comes into the state coffers, every single penny. How do we… how do we handle the tax in… a tax increase when it decreases in a year from now? How do we… how do we eat at that… that backlog of bills if we spend every single penny that comes into the state coffers without making allocations for those things. It’s unfortunate that we didn't come to an agreement on the allocation this year, I agree. I'm not so sure, though, that that in and of itself would've put a break on the spending which is… which is taking place. 09800068.docx 66 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 I think it's unfortunate that we're raising the revenue estimate. I think it… it breaks an absolutely excellent procedure that this House has established or had established for the past two years. And I guess we're now… we're throwing it to the wind and who knows what happens in years ahead. Thank you very much."
"The Chair would recommend that Members stop using other Members' names in debate. The Gentleman moves for the adoption of the Resolution. Mr. Sullivan has asked for a verification. Members will be in their chairs. Mr. Sullivan asked for it, but thank you, Mr. Reboletti. Those… Members will be in their chairs and vote their own switches. Those who support the Resolution will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please take the record. On this question, there are 69 voting 'yes', 49 voting 'no'. Mr. Sullivan, do you persist, Sir? The Gentleman withdraws his verification request. The Resolution is adopted. Sen… Senate Joint Resolution 27, Representative Nekritz."
"Thank you, Mr. Speaker. SJR 27 is a nonbinding Resolution that puts the State of Illinois on record against the Supreme Court's Citizens United vs. FEC decision that was decided by the Supreme Court in 2010. That case weakened transparency of campaign spending and led to record spending by outside groups and super packs in the recent 2012 election cycle. Supreme Court unleashed a flood of mummy… money into our political system by ruling that, contrary to a hundred years of precedent, corporations have a First Amendment right to spend unlimited amounts of treasury money to promote or 09800068.docx 67 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 defeat candidates. The decision in this historic case overturned, as I said, a century of campaign finance law that was designed to control, except the appearance of impropriety created by the contribution of campaign cash. Twelve states have already adopt similar Resolutions to call the Citizens United Case decision misguided and ask the U.S. Congress to pass a Constitutional Amendment to get unregulated money out of our elections. Twelve municipalities across Illinois, from Kane County to Carbondale, have also passed local Resolutions calling for action. This Bill… this Resolution has bipartisan support. And I would ask for your vote as well."
"The Lady moves for the adoption of the Resolution. The Chair recognizes Representative Tracy."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Lady yields."
"Representative Nekritz, it seems odd to me that we would be wanting to direct or give suggestions to the Federal Government when, in fact, we have some glitches and some loopholes in our own campaign financing laws."
"And Representative, I would argue that… that the Citizens United case makes that harder for us to… to control that. And so, this is an important component of actually addressing those… that part of it."
"Well that may be, but it seems quite apparent that we… we should clean our own house first. And isn't it clear that we have situations where, in a general election, the leaders of our House caucuses or our chamber caucuses are in no way limited in their contributions to campaigns. So then, why would we restrict someone else?" 09800068.docx 68 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Well, to me, the whole point of campaign disclosure is to… so that we know what money's coming into the system, its source and who's being influenced by it. Right now, this is… this is… this case has completely blown that out of the water, and we need to be doing this in… in… in so that we can continue to regulate in the State of Illinois."
"Well, it seems a bit disingenuous to me that someone like Common Cause would take this on when, in fact, don't they try to influence political causes and the like with their own donations."
"I… I don't know."
"Do you know how Common Cause is funded?"
"I don't."
"Do you know the principle behind Common Cause?"
"And Representative, they may be a proponent of this, but this is something that I think that I believe in as well, and I'm the Sponsor of the legislation."
"Well, to the Bill… or to the Resolution. I… I would just say, you know, it… it just seems to me that campaign financing, and I agree totally with the Sponsor, the… the idea, the genesis behind campaign finance reform is to make transparent, good election policy. But it seems every time we try to limit the source of campaign funding it just goes on a rampage on its own, and there's rules and ways to get around it. And that's not to say that we can't still try, but I think that it's all too clear that first our attempts need to be made in the Illinois General Assembly. If you look at the amount of money that goes through the State Board of Election Campaign Financing Reports, it's all too clear that there are 09800068.docx 69 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 a lot of contributions being made to Illinois campaigns. We have a Majority Party that is the recipient of most of those campaign donations. And if you look at it, it… it doesn't seem that anything we do can nip that into the bud and in the end, I think it's the general public that is hurt. So, I would… I oppose this Resolution for that reason. And I would ask those to follow me as well."
"Mr. Mitchell." Mitchell, C.: "Thank you, Mr. Speaker. To the Resolution. Well, I understand the concerns expressed by the previous speaker. I think we, as… as public policy makers, have to be able to do multiple things at a time. We certainly have issues with our own campaign finance here in the State of Illinois, but the Citizens United ruling is something that's been broadly condemned both by Republicans and Democrats including John McCain and Barack Obama, who opposed each other in the presidential election. This is the right thing to do. It highlights the ways in which larger interests have taken over from the common people. And… and I think that this… this is just a Resolution in line with what other states have done. It makes a ton of sense. And I would hope that everyone in this chamber would support it. Thank you."
"Mr. Reboletti."
"Mr. Speaker, to the Resolution. I spoke against… against the Resolution in committee because I always find it interesting when we allow the nine justices that are duly appointed by the President and confirmed by the Senate make a decision, that we allow that decision to stand. Obviously, I'm not in the agreement with the Affordable Care Act, known 09800068.docx 70 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 as Obamacare, but we haven't filed any Resolutions urging it to be overturned. Sometimes you have to let the process work. The process was exhausted and the Supreme Court made a ruling. I find it interesting that when it's perceived as a ruling against the Majority Party here in Illinois, we can rush to try to overturn it, but when it works the other way, like the Campaign Finance Reform that put… in Illinois that put more power in the leaders of this Body than it did into the individual Members, I can hear the crickets chirping, and I can grab my cup of coffee here and sit down and walk away from my microphone as well. But I won't do that, take up the Body's time. So, why don't we clean up our own House and reform our own campaign finance reform here, reform our own laws before we go telling the Congress what they should be doing. Let them deal with this. There's the United States Senate that can deal with this issue. Let them deal with it. There's a Republican Congress, a Democratic Senate, let them work it out. Let's stick to the business here of the people of the State of Illinois and reform our own campaign finance laws."
"Representative Nekritz to close."
"Thank you, Mr. Speaker. The campaign finance systems are… are far from perfect and there's always ways to get around them. But we need to encourage as much disclosure and sunshine as we can. The Citizens United Case shut that down in a very significant way. I think we need to urge Congress to… to act to overcome that. I ask for your 'aye' vote."
"Those in favor of the Resolution will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? 09800068.docx 71 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 Have all voted who wish? Have all voted who wish? Please take the record. On this question, there are 80 voting 'yes', 36 voting 'no', 2 voting 'present'. And the Resolution is adopted. House Bill 2780, on the Order of Concurrence, Mr. Hoffman on a Motion to Nonconcur."
"Thank you, Mr. Speaker. I move that we nonconcur in Amendments #1 and 4."
"You heard the Gentleman's Motion. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the Motion is adopted. And the House does nonconcur with Senate Amendments 1 and 4 to House Bill 2780. House Bill 2955, Mr. Drury, on the Order of Concurrence."
"Thank you, Mr. Speaker. I move that the House concur with Senate Amendment #1. House Bill 2955 is a budget transparency Bill. It requires the Governor to publish the enacted budget online, originally said within 30 days, the Amendment just changes that to 60 days. I ask for your concurrence."
"Those in favor of the Gentleman's Motion vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please record yourselves. Durkin, Wheeler. Please take the record. On this question, there are 118 voting 'yes', 0 voting 'no'. And the House does concur with Senate Amendment #1 to House Bill 2955. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Joint Resolution 39, Representative Cloonen."
"Thank you, Mr. Speaker. I would like to ask for a Floor Amendment to be passed first before the House Joint Resolution." 09800068.docx 72 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Mr. Clerk."
Clerk Hollman: "Floor Amendment #2 has been approved for consideration."
"Representative Cloonen."
"Yes. This is just to ask for an extension of a date of a joint res… a career task force that's already in place. We just would like to extend the date and that… thus the House Joint Resolution. I would…"
"Tho…"
"…ask for an 'aye' vote please."
"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. You've already explained the Resolution?"
"Yes, I have."
"Those in favor of the Resolution will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Halbrook. Please take the record. On this question, there are 118 voting 'yes', 0 voting 'no'. And the Resolution is adopted. House Joint Resolution 43, Representative Feigenholtz. Leader Turner in the Chair."
"Thank you, Mr. Speaker. House Joint Resolution 43 is an agreement between poverty advocates and the Illinois Retail Merchants Association to establish a work group that will come up to solu… come up with a solution for SNAP benefits by, I believe, October 1. I'd be glad to answer any questions."
"Seeing no debate… Representative Reboletti."
"Thank you, Speaker. Will the Sponsor yield?" 09800068.docx 73 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"The Sponsor will yield."
"Representative, I'm not… I'm not recalling what SNAP is off the top of my head. Could you let the Body know what that is?"
"Yes. That is the Food Stamp Program at DHS."
"And what would the purpose of the task… excuse me… the task force be?"
"When the Department of Human Services purchased software for… to move forward on harmonization of benefits, moving forward on health care, the software has a problem where the distribution dates went to once a month instead of staggering those dates. We're trying to come up with a solution that both parties are satisfied with. We do not want our food stamp customers to have to wait, but we also don't want our… we also want our retailers to be able to stock their shelves and have enough staff in the appropriate manner. And we don't want technology to drive policy."
"And… and I can appreciate this. And this is an initiative of the Retailers… the Retail Merchants?"
"It is."
"Thank you."
"Representative Tracy."
"Thank you, Mr. Sponsor. To the Resolution. I stran… stand in strong support of the Resolution. It's supported by the Retailer Merchants. It's supported by the food banks that try to fill in the gaps where SNAP does not fill all the requirements of the people that need food. And… and we're trying to make a commonsense approach to this and many times bureaucracy gets in the way of that. And so I applaud 09800068.docx 74 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 Representative Feigenholtz for bringing this Resolution forward and I believe that Jehan Gordon-Booth has worked on it as well. It's something that we need to do and we need to address situations where the agencies don't seem to be serving the public in the best manner. And so, thank you, Representative Feigenholtz for bringing this Resolution."
"Representative Flowers."
"Thank you, Mr. Speaker. Will the Lady yield?"
"The Lady will yield."
"Representative, I want to take this opportunity to compliment you on House (sic–Joint) Resolution 43, but I just have one question. Does this also apply to WIC and the group of women that are being discriminated against because they're not allowed to take their WIC stamps to regular stores, just like other people across the state?"
"I don't believe so, Representative."
"Okay. Thank you very much."
"Representative Feigenholtz to close."
"I'd appreciate an 'aye' vote."
"The Lady moves for the adoption of House Joint Resolution 43. All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On the count of 118 voting 'yes', 0 voting 'no', and 0 voting 'present', House Joint Resolution 43 is adopted. Representative Davidsmeyer."
"Point of personal privilege."
"Please state your point, Sir." 09800068.docx 75 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Thank you, Mr. Speaker. Today, I rise with a heavy heart for the ultimate sacrifice. A Gentleman from my district, Taylor Savage, was an Air Force Medic, was hit with an IED in Afghanistan yesterday. And I… as we see the… this ultimate sacrifice, I hope we view our democracy in a greater light. I ask for a moment of silence."
"Body will take a moment of silence. Thank you, Representative. Representative Ford."
"Thank you, Mr. Speaker. While we're standing, I would like for us to also recognize that today being May 31st, we should remember the Tulsa, Oklahoma race riots and all the people that were killed during the Tulsa, Oklahoma race riots. And I would pause for a moment of silence for all those families and the pain that it caused the entire nation during the time of 1921. Thank you."
"Body will take a moment of silence. Thank you, Representative. House Joint Resolution 40, Representative Lang. Mr. Clerk."
"Thank you, Mr. Speaker. House Joint Resolution 40 is an initiative of the Asian American Caucus, a new caucus in the Illinois House and Senate. Title VI of the Federal Civil Rights Act requires that program recipients of federal funds including state agencies take reasonable steps to ensure that limited English-proficient persons have meaningful access to government programs and activities. This Joint Resolution would simply create a task force to come back with recommendations for those state agencies."
"Gentleman moves for the adoption of House Joint Resolution 40. All in favor vote 'aye'; all opposed vote 09800068.docx 76 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative DeLuca, Thapedi, Moylan. Mr. Clerk, please take the record. On a count of 117 voting 'yes', 1 voting 'no', and 0 voting 'present', House Joint Resolution 40 is adopted. Leader Lang in the Chair."
"Senate Bills-Third Reading. On the Order of Postponed Consideration, there appears Senate Bill 923, Mr. Hoffman."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. As you can see, I'm in my seat. Mr. Mapes, in my seat. Senate Bill 923 is on Postponed Consideration. This is the… the Bill that would allow for the cameras on school buses to ensure safety of… of school children. As you may know, there have been 51 deaths in the United States over the last year as a result of children being hit while they're getting off school buses. This would ensure the safety of the children. And it sets out the procedure for a county and a municipality to go about entering into a intergovernmental agreement for enforcement. School districts around the state, I believe, will take advantage of this. And I believe it's something that we should be doing here in Illinois. It was roundly debated the last time it was up for a vote."
"Gentleman moves for the passage of the Bill. The Chair recognizes Representative Chapa LaVia."
"Thank you, Speaker. And to the Bill. This is a growing problem in the State of Illinois and actually national… nationwide. As the Chair of Elementary and Secondary Ed, I've had some serious discussions with IDOT and 09800068.docx 77 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 National Traffic Safety Administration saying that there's an increasing number of motorists that feel that they can pass in front of school buses each day and it's getting quite dangerous. Other jurisdictions are turning to automatic traffic enforcement because the technology is available. We avan… we have advanced to the point where we're asking even some of the school buses to have cameras inside because of kids being mistreated, what have you. This is just a natural progression. It also helps, almost as a deterrent, if… if motorists know that this is going to be going on and they actually get ticketed, it will decrease the problems. We have one child, just recently, William Adkins, the father of a 16- year-old and… who died while running across the street to his school bus and was hit by a driver illegally passing the bus. So, I realize people are sensitive about this issue, but I think it just adds another tool to the toolbox to help us keep our children safe. And I request a 'yes' vote."
"Mr. Reboletti."
"Thank you, Mr. Speaker. And to the Bill. Obviously, nothing has changed in the legislation since the last time the Sponsor called it. And I'm extremely sensitive to the issue as well as my son will embark on sixth grade in the fall and take a bus. However, the one issue I've always had with red light cameras and this type of enforcement is that it doesn't show up on the Secretary of State's abstract or what would be commonly known as a driver's history. So, as long as you pay the tickets, you could continue to violate this statute or ordinance and no other jurisdiction would know about it. So you could violate it ten times in a year. 09800068.docx 78 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 Your license would still be valid. You would not be suspended. And if I'm not mistaken, under the Illinois Vehicle Code, it's a mandatory conviction, and I believe there's a three month suspension associated with it. That's how egregious this Body already feels about the crime. But this, to me, is also not only an issue of safety, but I think it's also an issue of revenue and that's the unfortunate part. I have no doubt it will provide some safety, but if people continue to violate this by driving around the bus, then they'll pay the $150 and they'll go on their way. The only way the Secretary of State would ever know about this is if the individual violated that statute or went around a bus five separate times, did not pay the $150 fine, and eventually there would be a civil penalty, and there could be a suspension of the driver's license at that time. That's why, reluctantly, I would urge a 'no' vote."
"Mr. Hoffman to close."
"Thank you. The whole idea behind the Bill is to change driving behavior, to make sure that we have people be aware that this is a dangerous situation when children are getting off the school bus. IDOT conducted a study asking drivers on 250 school buses to record stop-arm violations during a 41- day period. 135 of those drivers returned the data to IDOT, and they reported 3,450 violations, 3,450 violations from over… only 135 drivers. This is an issue that is about safety for our children when we send them to school on a school bus. And I ask for a favorable Roll Call."
"Those in favor of the Gentleman's Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who 09800068.docx 79 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 wish? Have all voted who wish? Have all voted who wish? Please record yourselves. Bost, Dunkin. Please take the record, Mr. Clerk. On this question, there are 64 voting 'yes', 54 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Under Consideration Postponed, House Bill 1463, Representative Golar."
"Thank you, Mr. Speaker. House Bill… and Members of the General Assembly here in the House. House Bill 1463 is an initiative of the Mayor of the City of Chicago and the Commissioner, who is Commissioner Steadman. This Bill was brought to me some time ago and I am bringing it to the Body, once again, to ask for your support. This legislation is a tool that allows the Chicago Liquor Commissioner to protect communities from the worst of the worst. Liquor license holders who knowingly harbor and/or participate in criminal activity, it allows an extended summary closure from the 7 days to a maximum of 30 days and extending the days of scrutiny for executing the closure is higher. What is important about this, Ladies and Gentlemen, at the time that the licensee receives a closure notice based on crime, the licensee has the ability to in… in the statute, presently, that they can have a hearing based on the evidence of crime within three days. And what has been happening over periods of bringing those individuals in, regarding evidence of crime, those individuals have continued to have continuances over and over and over again. And so, we're asking for some extended time to prove up the case for the City to protect, especially in my community, where there is a lot of crime, where those business owners would be better businessmen. And 09800068.docx 80 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 so I'm asking and urging for an 'aye' vote. And I will happy to take any questions."
"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Brady, Crespo, DeLuca, Dunkin, Jones, Rosenthal, Senger. Mr. Jones. Please take the record. On this question, there are 78 voting 'yes', 38 voting 'no', 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 77, Mr. Ford."
"Thank you, Mr. Speaker. I rise for House Bill 77 to pass. I just want to say that this Bill only affects the Chicago School District. And I just want to… I'm not a doctor, but I just want to let you know that a read a report from the Mayo Clinic, and it talks about trans fat is a double trouble for your heart. It talks about trans fat raises your bad cholesterol, the LDL, and lower your good cholesterol, the HDL. And so, with that, I ask that we consider passing a Bill that would protect the growth of our young people in elementary schools in the City of Chicago. I move for the passage of House Bill 77."
"Gentleman moves for the passage of the Bill. The Chair recognizes Representative Pihos."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Yes. Has anything changed in this Bill? We have had a lot of the trans fat Bills here on the floor. I know this is for Chicago only, but I would like to remind the Representative that I think the Members of the House of Representatives in 09800068.docx 81 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 Illinois care about all children in the state. So, we care about the children in Chicago and want to make sure that what happens in Chicago Public Schools also has inherent fairness and their best interest in mind. Does this still exceed the federal standard? Has the comment period for the Federal Government and is… has… have their rules come out for the trans fat definition?"
"Yes. And this falls in line with them."
"Are you sure that they have already been set forward?"
"Well, I mean, I would say yes. I mean, not unless you know something different. But this falls in line with the federal guidelines. And I would say yes."
"Okay. Well, I think the comment period ended at the April… at the end of April, so I think, to the best of my knowledge, those rules have not been promulgated yet. So I would just like to remind the Body of that. And there is a reason that this failed the first time. And again, it's not because it's now Chicago only that makes it good. We care about all children in this state."
"Mr. Ford to close."
"With no oppo… opposition, the Chicago Public School is in favor of it and so is the American Heart Association. So, I move for the passage of House Bill 77."
"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please record yourselves. Please take the record. On this question, there are 61 voting 'yes', 56 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared 09800068.docx 82 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 passed. Under the Order of Resolutions, House Resolution 257, Representative Chapa LaVia. Representative Chapa LaVia."
"Thank you, Speaker, Members of the House. This is kind of belated, but House Resolution 257 proclaims April 23, 2013 as United States Army Reserve Day in the State of Illinois. This involves honoring the state's past and current sol… citizen soldiers for their service and thanks… thanking the friends and neighbors and employees of the United States Army Reserve. And I ask for its passage."
"Those in favor of the Resolution say 'yes'; opposed 'no'. The 'ayes' have it. And the Resolution is adopted. House Resolution 271, Representative Flowers. Representative Flowers."
"Thank you, Mr. Speaker. House Resolution 271 is also belated, but it is acknowledging the Alpha Kappa Sorority, which was incorporated on the campus of Howard University in 1908. And it was calling for May 15 to be known for the Alpha Day in… at the State Capitol. And I would urge for its adoption."
"Those in favor of the Resolution say 'yes'; opposed 'no'. The 'ayes' have it. And the Resolution is adopted. House Resolution 273, Mr. Meier."
"Yes. House Resolution 273 asks for the House to back us and have a temporary stop on the closure of Murray Center, asking the Governor, until we have a study on how all the residents are surviving from the Jacksonville closure. There has been many things going in the last few weeks as this process has moved forward. And I'd just like to take a few minutes to tell you that if you read the bottom of the Human 09800068.docx 83 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 Services Hotline, it says remember only with your help can abuse and neglect be prevented and that's why we are here today to report the abuse and the neglect that’s been going on with our residents at Murray Center right now. I'm going to read to you the 911 call that came in last weekend from two members of the first five moved out of Murray Center that were recommended to not be placed in the same home. Operator: 'So, they are fight… oh, I got to start a little higher. CILA worker: 'Leave them alone.' 911: 'What is the address of your emergency?' 'Ma'am, my address is 275 Greenville Road. I am a DST Med Tech. I have two individuals disabled. One will not leave the other one alone. He kicked him in the mouth, and he is bleeding and broken up. I can't break them up.' 'So, they are fighting?' 'Yes.' '275 Greenville?' 'Yes, ma'am.' 'Do you need an ambulance?' 'Yes. Yes, ma'am.' 'Okay, bye.' 'It's okay, sweetie. It's okay. It's okay. I just called for help.' Centralia police say when they arrived the female working there said that one of the two residents had the other one on the floor, kicked him in the face, busted his lip. The employee said she tried to separate them but she was too small to do it. She did not have the strength. She then called 911. The former Murray resident, who was injured, was taken to the hospital. Police attempted to speak to the other residents, but he had no idea what the police were asking. Police Chief Larry Evans says this is exactly the situation that they have voiced concern over since the start of the closure of Murray issue. He says several special needs residents are being placed in surroundings that are ill prepared to handle the problems, which is going to lead to contact with law 09800068.docx 84 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 enforcements. Evans says the police cannot, should not and be relied as a 24-hour solution to the residents that are being put in the CILAs. Residents transferred in the agreement with the closure of Murray and the guarantee of CRA staff are to be with one on one care for the first six months to a year. One worker was in this CILA, not two. We have the first resident transferred to Danville. He was taken there on a visit. He was never brought back. What is the difference between a visit and being permanently moved? Our parents were guaranteed there would be visits, meals, and then the residents finally would be transferred. He was taken there and left. Two days later, when the furniture was brought, the staffer told him be careful, that one's got away from me already. The wards of the state are not being very well represented at Murray Center. During the transition hearing, the resident who can only talk with his voice machine, it was broken. The state guardian said, it's okay, we can continue with this transition, he doesn't need to communicate. He didn't need to communicate. What are we doing to these people? This is wrong. They have no respect for our people. Our state guardians wait until after the transition meeting to go inspect the CILAs where these residents are going to be moved into. If they're to take care of our residents, shouldn't they look at the CILA first and then go to the transition meeting? How can they know what's best for that transition when they haven't seen it? The CRA staff has told our employees that they are aggressive and hard to work with. If they have a problem, go talk to the Governor. This is wrong because all they are doing is what we, as Legislators, have 09800068.docx 85 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 dictated to take care of our people and respect the law and stop abuse. And now they're being told to go talk to the Governor if they have a problem. They complained about putting two people in a van together. They said there'd be a fight. The one man was in a wheelchair. That van never left Murray Center. That fight started before they got out on the public ground. Once again, our staff is told go talk to the Governor because CRA knows better than our staff or our parents. If these plans are working so well, why is it stated that after two weeks they will have their regular doctor in their CILA? They have not been given a doctor because they come back to Murray Center and give them another 30-day supply of medicine. If they're going to move these residents, shouldn't that doctor be lined up ahead of time, like CRA and the Governor has guaranteed our parents and our residents? But this is not happening either. It's just not happening. We have to do better things. We have to work harder to make sure this will always happen. This is what this Resolution is about. Some of our transition… transition visits have taken these residents into homes where the drywall's laying on the floor, the windows are bad, the floor is creaky. If you were one, two, three or four, do you understand that this home will look better maybe in a week or two? Or do you think that maybe this is where you're being moved and this is the way it’s going to be the rest of your life and you're unable to communicate to express this. When they get ready to go on these moves, no Murray staff are allowed to go along. Would you put your toddler, your grandchild who is unable to communicate, into a vehicle with total strangers and send 09800068.docx 86 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 them down the road to go see their new home, knowing that maybe they will never even get a chance to come back to see this one, the only friends they've ever known, their fellow roommates and the staff that's taken care of them, their foster grandparents that have come in from the community to help, or our students who show up here every week at the Murray Center to watch over them. Our residents have to have a better chance at life. We need to give them a safe place. I'm sure you've all had letters telling you about the wonderful move to CILAs, and we have worked very hard to move our residents into CILAs from Murray Center. But the residents we have left now have been kicked out of CILAs repeatedly, told there's nowhere else left for them to go. The only home they have ever found is Murray Center. A home where they've come into and they feel the love and care and compassion, and they don't have to worry about being beat up. They don't have to worry about what is going to happen next to them. They don't have to worry about being tasered or spending the night in a police department. Because when they walked away from the CILA, something happened to them, and people in that community and the police did not know any other better way of taking care of them but to taser them, handcuff them, and lock them in jail. This was not what we can do for our residents. There is talk that Murray Center is a falling down property. If you show up there, the roads there are better than 95 percent of the highways in the State of Illinois. Our buildings are better than the CILAs across the state. And if we did this to close money, why did we start with one that a cheapest operated CILAs… centers in the state? This is not an 09800068.docx 87 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 institution. This is a home for them. I asked DHS to investigate the 389 police reports, ambulance calls to the CILAs in St. Clair County several months ago. They can't check on the CILAs with problems, some of them 30 calls, and they can't check on them. But they can do this, which is not going to save the state any money. They will be laying off 541 people, which will put them at a cost higher than what it does to operate it when you include unemployment. I would love to tell you about these families, but I would start to cry when you think about all these children and what they have gone through their entire life. We only ask that they could be able to walk or talk or communicate, but this doesn't happen. It's God's will. It's nobody else. We just have to do what is right. All this Resolution asks you for is to please ask the Governor to slow it down to see what can be done to correct this process. What can be done to make sure we have a doctor on staff before this resident is moved. What can be done so these CILAs can be inspected when they're ready to go before they take the resident in there? It's not asking for a stop to the whole closure or the process. It’s asking you to be compassionate. And yes, yesterday, a federal judge did rule against the State of Illinois, saying there is just cause to do a temporary restraining order against the state. This is asking you to do the same thing and do what the federal judge realized is right. Thank you."
"Thank you, Mr. Meier. Mr. Clerk."
"Committee Reports. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules reports the following committee action taken on May 31, 2013: recommends 09800068.docx 88 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 be adopted for the floor is Floor Amendment #2 to Senate Bill 2335."
"Mr. Reis is recognized on the Resolution."
"Thank you, Mr. Speaker. To the Resolution. I rise in support of the Gentleman's Resolution. I was fortunate enough to take a tour of the Murray Center last year. And if you haven't been there or been to a place like that, it's… it's very eye opening. And these facilities were set up and evolved into a place for people with very, very severe physical and mental disabilities. About a third of the people are on feeding tubes. Many of the people are in wheelchairs, some of them unable to speak clearly. And I know there's a lot of political rancor that goes on in this building and we all agree and disagree, but one thing I think we all agree on as a… as a core function of government is to take care of our most vulnerable citizens. And the Murray Center and places like it have been a home to not only to these kids but young adults, some people been there for 40 years. I have a resident in… in my district that already has been there for 45 years, and they have… it's allowed their mom… her mom and dad to live somewhat normal lives, knowing that their daughter is being taken care of. Because she could not begin to take care of herself in society, cook her own food, bathe herself. And now, we're asking all these people to move into a… an entirely different environment, a CILA, with much less one on one contact. And I think those decisions need to be made over a longer period of time than what they're being made. As the for… the previous Representative said, they people could be moved into CILA environments have already been moved. But how 09800068.docx 89 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 can we move that many people that rely on feeding tubes into a CILA environment? So, I stand in… in support of the… the Gentleman's Resolution and ask everybody in the chamber to do as well."
"Mr. Cavaletto."
"Thank you, Mr. Speaker. To the Resolution. I have known Murray Center for over 40 years, lived by it within 20 miles. I've never known of one incident that's ever happened in that facility that would bring shame to it from a worker, or anyone in it, or anyone who works at Murray Center. They've been above and beyond the call of duty. For 40 years, I've known many of the people and the residents who've gone there and their families. There are some who are very profound and cannot be moved out of Murray Center. And if their life is to be expected to improve, moving from one bed to another will not be a… a choice of a good place to go, and if leaving Murray Center, is… is that's happening to them. So, I'm asking that their home be protected, and that the 24-hour care that they need, by all the people who work at Murray Center during that period is much needed. Some can live outside their homes, but most, 90 percent of them, cannot. So, I want to say this also, that about 99 percent of the families, they want to keep their loved ones at Murray Center. And I hope we can ask this for your favor. Thank you."
"Mr. Davidsmeyer."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"To… to the Resolution. Many of you know, and I've talked to many of you about the closure of the Jacksonville 09800068.docx 90 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 Developmental Center, and… we were at a similar point in our… in our life for that facility. The majority of the individuals that could do well in CILAs had already been moved out, are already living in the community. The individuals that were left were those most in need, the ones most in… in need of protection. I want you to know that yesterday, in… in the committee, we heard about the successful closure of… of the Jacksonville Developmental Center. I view it a little bit differently. The facility's closed, but over a quarter of the individuals were just moved into another state facility, which they want to close those as well. So you're going to be bouncing these individuals around from facility to facility to facility until they're all closed and they're all out in the community and there's nowhere to go back to. The only place to go back to is jail and hospitals. Many of the hospitals will not take these individuals. They… they cannot handle them. So, when you think about this, we are trying to protect the most in need. And I encourage an 'aye' vote. Thank you."
"Representative Wheeler."
"Thank you, Mr. Speaker. I rise in support of this Resolution. There are only a couple of us who serve on both the Human Services Appropriation, where this Resolution, the Murray Center Resolution originated, and Elementary Education, where the Chicago Public School Resolution for the moratorium also originated. The similarity of both these Resolutions are easy to recognize. They're both initiatives by local leaders in the community who are dedicated to protecting the rights and safety and the integrity of their 09800068.docx 91 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 constituency. The Murray closing and the Chicago Public School closing are both highly emotional situations where parents are desperately looking for help. I congratulate Representative Meier and Representative Sims for leading the charge to protect the most vulnerable in their districts. I urge an 'aye' vote on this and the upcoming one… a Resolution for the Chicago Public Schools."
"Mr. Costello."
"Thank you, Mr. Speaker. To the Resolution. Ladies and Gentlemen, I want the Body to be aware of the fact that Mr. Phelps and I, who are both downstate Democrats and in the area of Murray Center, absolutely support keeping Murray Center open. This is a bipartisan Resolution. These are the most severely developmentally disabled people of our state. They're the types of people and families that you and I were sent here to represent and to make sure are not forgotten. I urge an 'aye' vote. Thank you."
"Mr. Bost."
"Thank you, Mr. Speaker. To the Resolution. Ladies and Gentlemen, I want to thank those who were here last year when we actually put the money in the budget to make sure this facility and other facilities stayed open. And it was the Governor's choice, and well within his power, to close these facilities. I'm bothered, and I guess, I know many of the people that have family members in Murray Center. I've known them for years. Each one of us, as parents, want the best for our children. And in a case of many of these parents, these are going to be children all of their lives. And as they age, the parents age, and they realize that they're coming to the 09800068.docx 92 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 end of their life, their biggest fear is that child, regardless of what the condition of the child is, the love you have for that child, to know that they're going to be taken care of when you're gone, would pull at your heart strings and make you ache in wanting to make sure that that child is taken care of. The security that these parents have had over the years is that these recipients are loved as much by the staff as they are by the parents themselves, that the people who work there know that they've been entrusted with the care of the loved one that is beyond the capability of those parents to take care of themselves. You know we argue about a lot of things on this floor, but I believe everybody here, as we argue and as we try to work, we… we try our best to understand and try to take care of those who are the most needy in our society. Ladies and Gentlemen, we did our job. We… we sent the money, we put it in there, we… we sent a clear message to the Governor. But for whatever reason, this has fell on deaf ears of our Governor. He choose… I don't think he's ever been there. Matter of fact, I know he's never been there. He can't look these people in the eye when he's doing this to their children or there is no way he would've allowed this to close. I want to commend the Sponsor of this Resolution for carrying it, and for his compassion for those constituents of his and mine and the others that have spoke. If we can't take care of these, the most needy of our society, and we just close the door on them and… and shuffle them out, what… what kind of people are we? Ladies and Gentlemen, we need to do more than this Resolution, but I don't know what that is. We've… we sent money. We… we did what we were 09800068.docx 93 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 supposed to do as a Legislature. What else do we do to convince this Governor that these people are our most needy and the process by which they're doing this closure is… it breaks the heart of the family members that love them so. And what it does to the actual recipients themselves in the fear factor that it places in them of being moved out of this environment in which is the only comfortable thing they have. Folks, I think everybody should vote for this Resolution. And I also think that we should, as much as possible, plead with Governor to stop this, to stop this. Please vote 'aye'."
"Representative Bellock."
"Thank you very much, Mr. Speaker. To the Resolution. Those of us that served on COGFA last year, traveled all over the state in order to conduct the hearings at Murray, Jacksonville, several prisons and the mental health institutions. It was a heart-wrenching experience for all of us. And I would just like to say that those of us that had the concerns about the closures and the timelines and what the Representative here is asking to review what happened at Jacksonville, some say it was a successful closing, and I respect the desire and passion of the advocates for people with disabilities and how they feel about the closures of institutions. Concerns that we had last year about the timelines in being very short, seem to have come true at Jacksonville. If it's successful, I think there were 4 to 60 people at the closure who still went back into institutions. Did they have to meet a timeline just because of CRA and what they needed to do? In this case, we're looking at Murray. The timeline now is five months from when the closure is. You 09800068.docx 94 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 would have approximately 270 people to move in five months. How can that possibly happen?"
"Representative Feigenholtz."
"Thank you, Mr. Speaker. I'd like to request a Roll Call vote on this."
"Your request will be acknowledged. Mr. Meier, do you wish to close?"
"Yes. One thing I really want to add, what has started coming into my office this week is from parents with their family members in CILAs right now begging me, urging me to keep Murray Center open, because they don't want them people… them people with their family members in CILAs. Once again, our members, our residents who have a home, are being treated like worse than what I can say here on this House floor 'cause they don't want them people with their family members in the CILAs where they are right now. This is our state's most vulnerable. Thirty-six states in America operate these facilities, two more now than used to, because they had to open them back up after they realized what they had done was wrong, and not everybody can live in a CILA. These will never be them people to me. These are very special people, and how can you not love them and care for them. And everything I've told you happened with the movement of the first five residents. What's going to happen with the other 246 residents when they keep this move going? So, please, please vote 'yes' on this Resolution. If this move has to happen, let's have it thought out. Let's not be loading them on a trailer like a herd of cattle and just be getting them out of there. Thank you." 09800068.docx 95 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Those in favor of the Resolution will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Cavaletto, Jones, Lilly, Verschoore. Please take the record. On this question, there are 105 voting 'yes', 12 voting 'no'. And the Resolution is adopted. House Resolution 360, Representative McAsey."
"Thank you, Mr. Speaker and Members of the House. House Resolution 360 creates the Augmentative and Alternative Communications Task Force at HFS. Essentially, what this is about is looking at communication devices that are able to assist persons with special needs and with speech challenges. Oftentimes tablet devices are prescribed by medical providers, but under the Medicaid system, they're not reimbursable, though they're often appropriate and, in fact, much less expensive than the medical equipment that we do reimburse. So, this would just allow for a study through a task force to determine what is, in fact, in the best interest both of the people and the fiscal situation of our state. I would also mention that the task force members will not receive any compensation. I request the support of the Body."
"Lady moves for the adoption of the Resolution. Those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Cavaletto. Please take the record. On this question, there are 115 voting 'yes', 2 voting 'no'. And the Resolution is adopted. House Resolution 361, Mr. Sims."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Resolution 361 calls for the Chicago Public Schools to engage parents, stakeholders, and the gen… 09800068.docx 96 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 Illinois General Assembly on actions that it takes on sch… on school actions that it takes. As many of us know, on May 22nd, the Chicago Public School Board took unprecedented accident… action by closing 50 schools across the City of Chicago. This affects over 30 thousand students in the city, over 3 thousand of which have… are students with disabilities. There… there was numerous public hearings held, and at those hearings, parents cried out. Parents cried out for assistance. Parents cried out for help with ensuring that we… we take a stand for our children, that we make sure that we are protecting them, that we're protecting their int… their educational integrity, we're protecting their ability to be safe, and we're protecting our communities. House Resolution 361 calls on the Chicago Public Schools to abide by the law, the laws that we pass. And it also calls for the Chicago Public Schools to abide by the deal that it made, that the offer that it made to the Illinois General Assembly to… of a five-year moratorium on school actions when they… when they received the extension that… that they received recently this… this past fall. It's a Resolution that I… I urge your adopt… I urge your support of."
"Mr. Sims, you had an Amendment to this. Can…"
"Yeah."
"We show an Amendment to this Resolution."
"I… I thought… I thought we'd adopted it, Mr. Speaker. But do we… do we need to adopt… do I need to move to adopt Floor Amendment #1. I'm sorry." 09800068.docx 97 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Representative Pihos is recognized on the Resolution."
"Thank you, Mr. Chairman. I strand… stand in strong support of Representative Sims' Resolution. I commend him because he has worked very hard to be positive and collaborative. It is a Resolution that recognizes that Chicago Public Schools have huge urban challenges and outcomes are difficult to achieve. I believe that CPS must share the same goal that we all do here in the General Assembly, that is to help every student reach their full potential. I recognize and support that CPS has full authority to operate their schools. And I recognize their right to study many issues, including space utilization and closures that are taken in a responsible way. I have had schools close in my district, I know what an emotional issue this is. However, I would like to assure the public that CPS initiatives are ones that have been well-thought out, well- vetted, and with a plan that deserves the public's confidence. I would encourage CPS to listen carefully to their public's concerns and build a relationship with Chicago's school children's parents. My personal issue is that CPS feels unaccountable to the public. And in my 11 years in the General Assembly, they have been dismissive to the questions and concerns from the Education Committee. We invested our full faith in them when we responded to their request to extend the report deadline for the closing of Chicago Public Schools. All we ask of them is to be responsive and transparent to their public, and this Resolution's request that they honor this request for the future. I urge an 'aye' vote." 09800068.docx 98 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Representative Soto."
"Thank you, Speaker and Members of the House. I think as you all know, I am the cochair of the task force that meets with many different communities regarding school closings. I… I strang… I stand in strong support of this Bill because there is an issue when it comes to our communities. We don't have enough input, we don't… sometimes communities don’t know what's going on, even though there's actions going on in the community. Sometimes they don't know, they're not advised. But anyway, I think this is a good Bill. I'm not going to keep on talking. I think a lot of you here, my colleagues, know what's been going on in Chicago. So anytime there's a Bill that's a strong Bill that will help parents be engaged in the process, that's what this is about. It's about making sure parents are involved and know what's going on for their children. Their children have rights too, and that's something that we need to work on even more and a lot harder to make sure that they're involved in what's going on in the lives of their children and their schools. So, again, I urge this Body to support this Bill so that we can have a more transparent and accountable process. Thank you."
"Mr. Ford."
"Thank you, Mr. Speaker. And to the Bill… Resolution. I want to congratulate the Sponsor of this Bill because he's done exactly what the people of his district sent him to do and that is represent their concerns. There were hundreds and thousands of people asking for a moratorium and to be respected. So, I, too, urge the Chicago Public Schools to actively engage in individuals and communities and with us 09800068.docx 99 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 down in Springfield. It should be noted that the state sends over $1.6 billion to the Chicago Public Schools. And it is my hope that the Mayor of the City of Chicago and his plan is successful as he transition the kids, if the school closures are to take place. I know, personally, I've had several places to close in my life. I had my high school close and I also had the church that I was baptized at close and I moved to a different church. And even at the moving to my new church, is… there's a certain sense of loss when you move from one place to another that you find dear to your heart and that helped you develop into a person of good faith and… and good behavior. And so, when these school kids are moved from their schools and moved to a different location, it has a real psychological effect on them. And I hope that the Mayor's Office recognize that not only are the dangers of safe passage would be a concern, but it also is a behavior health issue that students have to deal with as they go to new environments and they have to deal with new teachers, they have to deal with new teammates and things like that. So, this is a serious issue. And I praise the Sponsor for sticking with it and responding to his constituents' request. And I urge a 'aye' vote."
"Mr. Dunkin."
"Thank you. Thank you, Ladies and Gentlemen, Mr. Speaker. To the Bill. To the Resolution. I think Representative Ford and Pihos and Representative Soto stated quite acc… stated it ac… quite accurately. This is a pretty major situation in the State of Illinois. It's a situation that has never, ever occurred in the history of the country, when it comes to 09800068.docx 100 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 dislocating and moving almost 50 thousand children. That's 50 thousand children. Moving them, as if they are products or commodities, if you will, and not giving them any deference, not giving their parents any deference. CPS has had multiple, many town hall meetings, well-attended, filled to the rafters, from the floor to the balconies packed. The parents were oh, so articulate. They knew the issues. They were attentive to the all the details, from safety back and forth to school from their houses. They understood the need for utilization of all schools and maximizing a quality education by having a smaller class size, by having a responsible principal and teacher that not only respects them, but listens to them, as well as comes up with an appropriate curriculum that takes them to the next academic level. The parents of the kids, they articulated that. They spoke to that. But for some reason, somehow, the Chicago Public School System failed to respond to them in such a way that did not reduce 50… or excuse me, 49 schools closing. Somehow that fell on the wrong ears, or a very determined set of individuals, intent on meeting the initiative of the Mayor, of the chief executive officer for the school. Somehow, that just did not resonate. Now, every single Member here in this Body, every alderman, every Governor, every parent, every student wants to be a part of the best… the quality of, quality educational systems. We all want the best. We know that financial deficits are a huge reality in the way that you govern. We know that first hand. But there's also a way in which to go about doing some of this. And the way that CPS should've gone and need to go was to start by listening to the people. And lis… excuse me. 09800068.docx 101 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 Not… it's not just hearing them but listening to them. If this was in anywhere in DuPage County, in Lake Forest, in Sparta, in Springfield, you have a calamitous situation of people who are concerned, and some people highly upset and disgusted at the lack of attention that they receive other than just lip service. Holding all of those hearings, but they weren't listening to anybody, they weren't hearing the folk. This… this Resolution is a great start, but we really need that moratorium Bill to come into effect where we suspend school closings for a year. Now, if you want to get parents excited or communities excited, mess with their kids. And that's exactly what this legislation that we passed earlier this year, in January, does. Now, the Chicago Public School System in the last four years, since 2009, have had 5 CEOs, Arne Duncan, no relation, Terry Mazany, Ron Huberman, Jean- Claude Brizard, and now, Barbara Byrd-Bennett III. So, how is it that parents, teachers, principals, community, regular citizens in the City of Chicago, us here in the state, would have the faith and the confidence of the fifth administration in five years moving 50 thousand students and having a real substantive rationale of how it is they're going to protect students, how it is they're going to serve the students. How is it that they're going to provide a quality education if they haven't been there? If there's been multiple transitions in a situation that calls for common sense and a… and a bit of intelligence on, how it is that you utilize under… under utilized schools and put kids in the best position? That hasn’t happened. It's sad. It was a rushed job, they came down here like they did in 1996/97, took control of the 09800068.docx 102 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 school, came up with some notion from some think tank that says these black and these brown kids are better served this way with very little respect or deference as it relates to following some of the… the common sense approaches towards helping their kids out. And so, I'm challenging the City of Chicago to do the right thing and to wait a year and to listen to its own hearing officers. They had hearing officers that said we want 14… 14 schools to come off the list. They didn't even acknowledge them. They didn't even listen to them. There is no history. There is no precedent of any of this ever being done before. And so, I appreciate you, Representative Sims, for this Resolution. I want it to go even further than it… it does. I think we need to have a Bill that actually deals with stopping the school closings until they can answer basic questions. They came into committee, in the Elementary and Secondary Education Committee, five times for two and a half, three hours, and guess what? They couldn't answer over 70 percent of the questions that our downstate Republicans, our downstate Democrats, our Chicago Democrats asked. They couldn't answer the questions on what their plan was that was of substance… that was of proven substance and value to the students, to the parents and to the kids. They couldn't answer that. This is bigger than just closing some building. This is about the future of our babies, whether they live in the City of Chicago or whether they live in Cairo, Illinois. And so, this Resolution speaks to that. It offers a glimmer of hope to some of the parents who feel displaced, whose kids will be crossing dangerous territory in the city, highways, gang territory, abandoned blocks, and some of the city's most 09800068.docx 103 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 difficult and tough and poorest neighborhoods. And so, let's make sure that when… when we vote on this legislation, that we're considering the kids, and that we're also thinking down the line that when the Chicago Public School System comes down here again for such massive change, that we're going to do the right thing and make them prove and be accountable to this Body and be accountable to some of the commissions and the committees that were formed to look at facility closures and follow those rules like anyone else, follow some of those suggestions that we provided. I urge a strong 'yes' vote on this House Resolution. Thank you."
"Representative Monique Davis." Davis, M.: "Thank you, Mr. Speaker. To the Bill. And I commend the Sponsor for bringing the Resolution forward. Over 30 thousand Chicago Public School students will be impacted by this action. Chicago Public Schools closing plan includes turnaround schools, co-locations, school phase-outs. Besides the 30 thousand children affected and their families, over 5 thousand students with disabilities also will be affected. The parents of these children are facing many challenges. The first challenge might be the closing of the Red Line, which is the major transportation system from the south or west sides of Chicago. Now the parents will have to find a new route to go to work, go to school, see that their children are where they should be. That's challenge number one. Challenge number two is considering the new location, whether the children will be able to get there safely or not. Many people may not know this in this Body, but children in Chicago are being killed on a daily basis. Some people see that as an 09800068.docx 104 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 insignificant incident in the State of Illinois. They see almost every other… every other desire or Bill as more significant. What could be more important to a state when children are being killed on a daily basis? Not one, not two, sometimes three or four. The claim is they're being killed by other children. It has become so prevalent to me, I don't know if we have a serial killer loose. I know that we have FBI, we have police, we have sheriffs. Too often, over 70 percent of the time, they can't find who killed these children or the children. It is significant to me. This now will be a greater consideration for the parent whose children have to find a new route, hopefully to make this 30 thousand or more children safe as they find a way to this new school location. Will some new kids or more kids be killed because of this new route they now must transfer in? Is… is it going to be a safe passage for them? Perhaps the route they now take, or have been taking, they know how to dodge the dangers of a bullet hitting one of them in the head. To me, that is one of the most significant concerns we should have, and no one has visited me about that issue. Our children are so impacted with fear and feeling unsafe until their learning is affected by this. All of the experts have agreed that their learning is affected. School District 299 Chicago is the only district in this state, listen carefully, District 299 in Chicago, it's the only district in the State of Illinois that does not have an elected school board. We are the only district where the board members are appointed by one man, and they have no allegiance to or concern for our parents. When you vote 'yes' on this Bill, when you vote 'yes' on this Bill, ask 09800068.docx 105 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 yourselves, perhaps, how many lives am I saving? How many children might be saved with the vote of this Bill? It's just a Resolution, but hopefully, hopefully, it'll wake up some people who are sitting there making decisions about little children whose lives are in danger every single day. Vote 'yes'."
"Representative Lilly."
"Thank you, Mr. Speaker, Ladies and Gentlemen. I, too, would like to thank the Sponsor for bringing this legislation. I, too, urge the Chicago Public School System to engage individuals and the community in their active… activities those families that are affected by the proposed school closings. We must provide them with all the information regarding these closings so that our families can participate in a better education for our children. More importantly, the Chicago Public Schools should listen. They should listen to the students, the parents and the teachers in the communities where these schools are housed. We all have some good ideas of how we can better educate our children and to improve the Chicago Public School System and the statewide school system. Closings and… that create cost savings of this nature will and can jeopardize the fabric our society. It damages the educational infrastructure. It puts our children in jeopardy of poor safety. We all must stop and think what we are doing. To me, it is apparent that our school system is in crisis, and I do not believe I'm the only one who has this opinion. We must work together to make sure that our children are receiving the quality health care that allows them to compete on levels beyond our state, beyond our country, more on a 09800068.docx 106 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 global level. We all have something to offer. Let's continue to pray for our children and pray for those administrators who are providing the health… the education for our children. Thank you for this time. God bless us all."
"Mr. Leitch."
"Thank you, Mr. Speaker. Earlier, one of the previous speakers seemed to suggest there was some confusion about how the Mayor of the City of Chicago wound up in charge of the schools. It wasn't from some think tank or some academic exercise. It was accomplished with a direct request and compliance and collaboration with Mayor Daley. I just hope that we can clarify that. Mayor Daley wanted very much to have control over the Chicago school system, and as a Body, we granted him that power. Thank you."
"Mr. Sims to close."
"Thank you, Mr. Speaker. Let me first do this. I want to thank Chairman Chapa LaVia and Minority Spokesperson Pihos for the work that they did in helping to get this piece of legislation to the floor. Let me also do this. Let me clear… clear up this confusion. This is not a moratorium. It calls for open… open and transparency in the process. It calls for the Chicago Public Schools to follow the laws that we've passed. But let me say this. This… these are not merely numbers on a spreadsheets. This is not… these individuals are not chattel, these are our children. We want to give them the education they deserve being raised in the communities that they deserve. Vote 'aye'." 09800068.docx 107 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Those in favor will say 'yes'; opposed 'no'. The 'ayes' have it. And the Resolution is adopted. House Resolution 374, Mr. Moffitt."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Resolution 374 is a bipartisan effort to support a feasibility study for expanded passenger rail, and I emphasize the feasibility to study, would connect the communities… the Quad Cities, Rock Island, Moline down to Galesburg over to Peoria then to Bloomington-Normal, Champaign-Urbana and Danville. It's truly… becomes an east- west corridor that connects our north… gives us access to our north… north-south corridors on Amtrak. The rail line's already there, trail bit's there, it's the ship freight to cross this area every day. And if we could connect that by passenger rail, we really access education for our… for our students. Regardless of where you live in Illinois, it would greatly enhance your access to higher education. So, it's a… it's a new opportunity. The feasibility study even calls for determining what the price of the ticket would need to be for this to be self-supporting. Other states that have connected… done something similar was Massachusetts added a rail line for passenger to improve access to education, and out there they actually call it the intellectual loop. But this does a lot more than just connect to our… to our colleges and university. We also have starting to work on this high speed rail from Chicago to St. Louis, but of course, unless you live along that corridor you don't have access. This east- west corridor would give everybody in the state then access to that. So, we really see this as a new opportunity. It's 09800068.docx 108 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 bipartisan in its support, and it has a lot of positive business implications, educational implications, quality of life implications. Be happy to entertain any questions."
"Mr. Leitch."
"I just wanted to thank Representative Moffitt for coming forward with this innovative idea and ask for an 'aye' vote."
"Mr. Davis." Davis, W.: "Thank you very much. Will the Sponsor yield for a brief question?"
"Gentleman yields." Davis, W.: "Representative, I am going to support your Resolution, but my question, with regard to that, is it's my understanding that often when we talk about passenger rail in the State of Illinois, we're not talking about dedicated tracks. They're going to be sharing the tracks with freight rail. So, when you talk about the feasibility of this, do you know whether or not the… how the impact on freight rail, will that be studied as a part of this feasibility study?"
"It's my… my understanding it'd be the total implications, how much, I'll say, available space there is. This particular line is not especially overcrowded, but it would be to see how it would work. Also, other states that have done this start out with a bus access first, to see if there's businesses there, the demand is there, have the bus arrive at stations in time to catch them like the… the connecting train going the other, like east-west gets you there to get the north-south access. So, it would first see what is the feasibility, what kind of demand would there be, would there a place to put buses to build the business, and 09800068.docx 109 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 then eventually move to actual passenger rail, is there space capacity on the existing. That would be part of what would be determined." Davis, W.: "Thank you very…"
"It would also be a one stop shop in purchasing your ticket. You'd go to whatever community you want to name, part of the trip is going to be by… would be by bus initially, and then rail. You'd buy both tickets at the same stop, so it'd be, you know, user friendly." Davis, W.: "Okay."
"Good question." Davis, W.: "Thank you very much, Representative."
"Representative Jakobsson."
"Thank you, Mr. Speaker. I rise in support of the Bill. This is very important to have this feasibility study done so that the people of Illinois can travel around the state in a really convenient way. And I think a lot of us who do use the track when we can find that very often it's quite an economical way, too. And so, with the studying of passenger rail between all these cities that are in this Bill will really connect people across the state to places that… many places that they want to get to, whether it's for their higher education or for cultural events. I urge an 'aye' vote for this. Thank you."
"Mr. Verschoore."
"Thank you, Speaker. I'd just like to echo the former Representative's endorsement of this very fine Resolution. Representative Moffitt was talking to me about this about two months ago, and I said I think it's an excellent idea, which 09800068.docx 110 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 I still do, and I think it will open up a lot of opportunities, not only for students but for businesses also. And I would urge an 'aye' vote. Thank you."
"Those in favor of the Resolution say 'yes'; opposed 'no'. The 'ayes' have it. And the Resolution is adopted. House Resolution 375, Representative Golar."
"Thank you, Mr. Speaker and Members of the House. House Resolution 375. In this Body, we have many, many issues that we're facing, but one of the most important issues that we're facing right now, in the State of Illinois, is behavioral health care. It is our hope that House Resolution 375 furthers the work of the Governor and the General Assembly to address behavioral health care disparities. House Resolution 375 imp… implementation recognizes Illinois' difficult budget environment while at the same time the need to gather data while we leverage experience, talents, knowledge, and best practices to address behavioral health care disparities. Acting favorably on this Resolution will be a positive step towards remediating behavioral health care disparities. House Resolution 375, it urges the Executive Office, the Governor, to seek to empower and engage individuals and communities where behavioral health care disparities exist, through the creation of pilot programs for health homes, assistance of care and essential community behavioral health care providers', standardized data collection and analysis, methods regarding the impact on racial, ethnic, and rural health care disparities and a Illinois behavioral health innovation prize. I move to adopt House Resolution 375."
"Mr. Ford." 09800068.docx 111 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Thank you, Mr. Speaker. And I… I want to praise the Sponsor of this Bill. I think we… this… this speaks to a lot of good work that all of the Members in the Body is doing this year, even though it seems as though we are not passing the big Bills right now. But this is a major Resolution. I believe that all of the problems that the City of Chicago and the communities across the state suffer from deals with behavioral health. And I really believe in this Resolution. I believe that our school… students will go to school ready to learn if we deal with behavioral health. I believe crime would go down if we deal with mental and behavioral health. I believe work places will be safer. People will produce better as a result of being able to deal with behavioral health and mental health in the State of Illinois. And it's also important to note that we do have Obamacare, the ACA, which will allow us to make sure that we leave no one behind when it comes to behavioral health and behavioral health in our state. So, I urge the Governor to do exactly what the Sponsor of this Resolution is requesting. I urge the entire Body to support HR 375. Thank you."
"Those in favor of the Resolution say 'yes'; opposed 'no'. The 'ayes' have it. And the Resolution is adopted. House Resolution 377. Excuse me. The Chair recognizes Representative Soto."
"Thank you, Speaker. I stand in to correct a… a vote I took inadvertently I voted 'no' and I wanted to vote 'yes'. My motion… emotions got the best of me. Thank you. And that was for Representative Meier's Bill." 09800068.docx 112 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"The record will reflect your intentions. House Resolution… House Resolution 377, Mr. Acevedo. Out of the record. Returning to House Resolution 377, Mr. Acevedo."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Resolution 377 resolves that the Illinois House of Representatives urges the President of the United States and the United States Congress to enact comprehensive immigration reform. I'd be happy to answer any questions."
"Those in favor of the Resolution say 'yes'; opposed 'no'. The 'ayes' have it. And the Resolution is adopted. Mr. Clerk, committee announcements."
"Committee schedule. The following committees will be meeting at 1:45 p.m.: Revenue and Finance is meeting in Room 115, the Executive Committee is in Room 114, Judiciary is Room D-1, Public Utilities in 413, Environment in C-1. Meeting at 2:15 p.m. is Transportation: Vehicles and Safety in C-1 and Personnel and Pensions in Room 115."
"Mr. Clerk, Agreed Resolutions."
"Agreed Resolutions. House Resolution 438, offered by Representative Bill Mitchell. House Resolution 439, offered by Representative Hammond. House Resolution 440, offered by Representative Farnham. House Resolution 441, offered by Representative Flowers. House Resolution 443, offered by Representative Cross. House Resolution 444, offered by Representative Cross. House Resolution 445, offered by Representative Berrios. House Resolution 446, offered by Representative Bellock. House Resolution 447, offered by Representative Lilly. And House Resolution 448, offered by Representative Ford." 09800068.docx 113 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Leader Currie moves for the adoption of the Agreed Resolutions. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the Agreed Resolutions are adopted. Mr. Clerk, House Joint Resolution 45, the Adjournment Resolution."
"House Resolution… House Joint Resolution 45, offered by Representative Currie. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that when the two Houses adjourn on Friday, May 31, 2013, the House of Representatives stands adjourned until Wednesday, October 16, 2013, in perfunctory session; and when it adjourns on that day, it stands adjourned until Tuesday, October 22, 2013, at 12:00 noon, or until the call of the Speaker; and the Senate stands adjourned until Wednesday, October 16, 2013, in perfunctory session; and when it adjourns on that day, it stands adjourned until Tuesday, October 22, 2013, or until the call of the President."
"Leader Curries moves for the adoption of the Adjournment Resolution. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the Adjournment Resolution is adopted. The House will stand in recess 'til the hour of thir… 2:30 p.m., 2:30 p.m. The House will be in order. Mr. Clerk."
Clerk Bolin: "Committee Reports. Representative Bradley, Chairperson from the Committee on Revenue & Finance reports the following committee action taken on May 31, 2013: recommends be adopted Floor Amendment #2 to Senate Bill 1659 and Floor Amendment #2 to Senate Bill 2155. Representative Dan Burke, Chairperson from the Committee on Executive 09800068.docx 114 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 reports the following committee action taken on May 31, 2013: recommends be adopted Motion to Concur with Senate Amendment #1 to House Bill 1573 and Senate Amendment #2 to House Bill 1573, Floor Amendment #3 to Senate Bill 1409, and Floor Amendment #4 to Senate Bill 1910. Representative Nekritz, Chairperson from the Committee on Judiciary reports the following committee action taken on May 31, 2013: recommends be adopted Motion to Concur with Senate Amendment #1 to House Bill 3043."
"Mr. Clerk."
Clerk Bolin: "Representative Nekritz, Chairperson from the Committee on Judiciary reports the following committee action taken on May 31, 2013: recommends be adopted Motion to Concur with Senate Amendment 1 to House Bill 3043 and Motion to Concur with Senate Amendments 1, 2, and 3 to House Bill 3390. Representative Phelps, Chairperson from the Committee on Public Utilities reports the following committee action taken on May 31, 2013: recommends be adopted Motion to Concur with Senate Amendment #1 to House Bill 3104. Representative McAsey, Chairperson from the Committee on Environment reports the following committee action taken on May 31, 2013: recommends be adopted Motions to Concur with Senate Amendments 2, 3, and 5 with House Bill 3349. Representative Nekritz, Chairperson from the Committee on Personnel and Pensions reports the following committee action taken on May 31, 2013: recommends be adopted Floor Amendment #2 to Senate Bill 1920 and Floor Amendment #2 to Senate Bill 2389." 09800068.docx 115 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"On the Calendar, on page 4, under the Order of Senate Bills-Second Reading, appears Senate Bill 1329, Leader Currie. Excuse me. Mr. Clerk, please read the Bill."
"Senate Bill 1329, a Bill for an Act concerning State government. The Bill was read a second time on a previous day. Amendment #1 was adopted in Committee. Floor Amendments 2, 3, and 4 have been approved for consideration. Floor Amendment #2 is offered by Representative Currie."
"Leader Currie."
"Thank you, Speaker. Perhaps, we could adopt all three Amendments and then discuss the measure on Third Reading?"
Speaker Lang: "Is there any objection to that? Seeing no objection, those in favor of Amendment 2, 3, and 4 say 'aye'; opposed 'no'. The 'ayes' have it. And all three Amendments are adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Please read the Bill."
"Senate Bill 1329, a Bill for an Act concerning State government. Third Reading of this Senate Bill."
"Leader Currie."
"Thank you, Speaker and Members of the House. This is the… the Annual Budget Implementation Act. We include measures that will make it possible, effectively and efficiently, to implement the budget that we have approved. I will just go through some of the highlights of the… of the measure. There are many more items in the Bill and I would be very happy to answer whatever questions you might have. But here… here are some of the highlights. We're transferring a total of 601 million from GRF into the Health Care Provider 09800068.docx 116 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 Relief Fund. This is a way of getting federal Medicaid matching money back and will enable us to… to meet our Section 25 responsibilities. Second, in the last several years we have transferred responsibility for paying regional superintendents, regional offices of education, and some other local offices, county recorder of deeds, stipends for those offices, to the Corporate Personal Property Tax Replacement Fund. This measure would make that… that shift from state GRF, as we don't have any money, to the locals a permanent proposition. We are also changing the share of personal income taxes and corporate income taxes that will need to go into the Income Tax Refund Fund, and this we did at the advice both of COGFA and the Department of Revenue. We, in fact, took a very conservative estimate from them. We didn't go nearly as low as they thought we could, but it will save us some $65 million in this coming budget year. And we are, again, doing what we've done for the last several years, making all General Revenue Fund contributions to the State Employees Retirement System through a simple appropriation to SERS rather than putting the moneys in each and every agency budget. The gran… all… all state grants were intended to sunset at the… at the end of June 2013, we extend that for one year to June 30, 2014. And we're transferring a total of 11.3 million from various funds in the Office of the Secretary of State to the Secretary's Identification Security and Theft Prevention Fund, that's the real ID program, and that will enable federal monies to be deposited in that fund. And many years ago, we used to have a state sales tax increment in the Tax Increment Financing Program, we cancelled that in the 09800068.docx 117 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 mid-80's. And finally, in this measure, we end deposits into the tax increment fund on September 2013 and dissolve the fund entirely at the end of this year. Again, there are many other items in the Bill. I'd be happy to answer your questions. And I hope you will join me in supporting this measure so we can make the budget that we have already adopted real."
"Mr. Sullivan."
"Thank you, Mr. Spon… Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, last year, in a bipartisan manner, we decided that we would set aside certain amounts of money to pay down old bills, hopefully using Medicaid funds to maximize what we would get from the Federal Government. I believe last year that number was $800 million. This is somewhat below that, is it not?"
"We, in fact, are putting more money into the Provider Relief Fund this year than we did last in order to access even more federal funds through the Medicaid program."
"Well, we can change the name of certain things, but we put $800 million as a down payment on old bills, hopefully to maximize that through federal funds. And this year you're putting $650 million in, is that not correct? $651 million total to pay down old bills."
"That… and that was in the budget Bill. All the… all that happens here is statutory changes to reflect what was in the appropriation measure." 09800068.docx 118 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Exactly. Thank you. That's what I wanted to know. To the Bill. Ladies and Gentlemen, you ask why some of us on the Republican side did not want to support this budget. We believe in paying our small businesses should be a priority. We pay our pr… our small businesses by paying down our debt to those small businesses, because we are a bankrupt state and haven't been paying them. So, last year, in a bipartisan manner, we thought $800 million would be a good deal. We could pay down some our bills, we can maximize Medicaid payments to get reimbursements from the Federal Government. But this year we go backwards, we decide we want to spend more money than pay our small businesses. That is, in essence, what has happened here today. And so, when you ask us why we don't support you, we don't support spending more money. We support paying down bills. We support paying our vendors. You do not. When you vote for this Bill, you're telling your small businesses in your local communities, ahh, we want to spend more money. We don't like you guys. Please vote 'no'."
"Mr. Harris." Harris, D.: "Thank you, Mr. Speaker. Question of the Sponsor."
"Sponsor yields." Harris, D.: "Representative, I do have… I'd like to… I'd like to track for a moment or two on what the Gentleman, the previous speaker, just asked. I understand you are… you are correct, we are paying more into the Healthcare Provider Fund this year than we did last year. However, as I understand our deal last year, we were going to put $800 million towards old bills. Of that $800 million, 500 million was going to go into Health Care Fund and 300 million was going to go in to pay 09800068.docx 119 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 other old bills. So, the 500 million, which was going to pay Medicaid, was going to get matched and was going to be a billion dollars. I understand this ti… this year we're putting 600 million into that fund, which technically is, yes, more than we did last year. However, last year we set aside $300 million to pay other old bills. Are we doing anything for those other non-Medicaid old bills?"
"50 million will be dedicated to non-Medicaid spending and 1.25 billion in the Medicaid Fund, given that we're putting 601 million into the Health Care Provider Trust Fund." Harris, D.: "Thank you. And thank you for the accuracy. So, we're… we're using only 50 million to pay old bills this year when we used 300 million to pay non-Medicaid old bills last year. And I… I understand that, and I think that's the wrong path to take."
"Well… but… but also…" Harris, D.: "We should… Medicaid is a priority, but we still have non-Medicaid bills to pay as well."
"We do. But let me also remind you that we paid an awful lot of old bills because of the April surprise. So, through April, the Comptroller was able to make a very significant dent in the old bills, and I believe those included not just Medicaid but also non-Medicaid bills. So, in that sense we're already ahead of the game before we get to fiscal '14." Harris, D.: "And I agree. And the Comptroller said the old bills were down to about 5.5 billion after that one time influx of money, and they're going to be back up to seven… 7 billion or 7.5 billion at the end of the fiscal year. But I appreciate your accuracy in answering the question. I do have another 09800068.docx 120 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 question as well. There was an issue about the… the independent tax tribunal in the funding of the indepe… independent tax tribunal, and I believe, I'm not sure if it's in this Bill or another Bill as to when taxpayers might be able to access the independent tax tribunal. Is that in here?"
"It is in here. And we delayed the actual operation of the tax tribunal until January 1, 2014 because we didn't have supplemental funding, but let me also tell you that there is language in this Bill that will enable people to wait to take their issues to the tax tribunal when it becomes effective, rather than the Department of Revenue. I think they probably could do that anyway, Representative, because I suspect that unless they’re up a deadline, they can wait to file an objection, wait to file a claim. But this specifies that they have that option." Harris, D.: "Well, I appreciate that. I just want to make sure that anybody who has a dispute does not… does not incur any additional penalties because of the… the need to wait for the tax tribunal to come around."
"And the language does take care of that problem." Harris, D.: "And then one other question on the PPRT. I know that we funded certain positions off of PPRT last year. We are funding more positions off of PPRT this ye…"
"I believe one more. This year we are adding the… the cost of the Illinois Labor… Local Labor Relations Act, so disputes about schools, Educational Labor Relations Act…" Harris, D.: "And… and… do we…"
"Disputes about schools, which are local, will, in fact, be paid for out of CPPRT because, just like the regional 09800068.docx 121 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 superintendents of education and the county recorders and so forth, those are all local… local activities." Harris, D.: "And do we know how much that involves?"
"Yes. I think… right. That's right. We also have election judges, too. So, it's about… yeah. The new ones, I… I thought it was more like 3 to 4 million and now told 4 to 5 million, and the old money… and the old money, I was right, was about $13 million dollars which is what we've done for the last several years." Harris, D.: "Okay. And we're up by about 5 million now. And we're making that…"
"Four to five. Yeah, I had earlier thought 3 to 4." Harris, D.: "And we're making that permanent, correct?"
"We are making that permanent." Harris, D.: "Okay. Thank you very much. And just briefly to the Bill, Ladies and Gentlemen of the House. The issue about the old bills is a real issue. Yes, we have Medicaid bills that we have to pay and we want to prioritize those Medicaid bills. But we… the one-time April surprise allowed us to virtually eliminate our backlog of old Medicaid bills. There are vendors out there who are not Medicaid vendors to whom we owe billions of dollars. They deserve a fair shake as well, in terms of getting their payments made in a more timely basis, not just Medicaid providers. I'm very disappointed that we're not also providing money for old bills to those non-Medicaid providers. Thank you."
"Mr. Unes. Mr. Unes."
"Thank you, Mr. Speaker. To the Bill. Mr. Speaker, the previous speaker brought it up briefly and I'd like to expand 09800068.docx 122 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 on it just a little bit in regards to corporate personal property replacement taxes. This Body has spoken quite a bit this Session on shifting and cost shifting. And indeed, in regards to CPPRT, it is more proof that shifting has become the new taxing. Shifting responsibility is not reform. Shifting responsibility is simply that: shifting responsibility. All we are doing here is robbing Peter to pay Paul. And I think it's very important for everyone in this Body to recall how we got to this point in regards to CPPRT. I remember it well. It was the 2011 budget that we all worked on in bipartisan fashion, and all of us together worked for the very first time in a long time not to pass a lump sum budget onto the Governor. And we passed a responsible budget. After that vote, the Governor did a line item veto to eliminate salaries for Regional Office of Education positions. Now, there was overwhelming support in this Body to override the Governor's Veto, and the cleanest and easiest way to fix that, I believe it was somewhere between 13 or 14 million dollars at the time, was simply to override his Veto. Yet the Sponsor of the Bill refused to call that for a veto… or refused to call that override up for a vote. So we didn't have a chance to override the veto. And instead, what happened was this idea that hey, we can just pay for these positions out of local funds, stealing and shifting from local taxing dollars again, over and over and over again. Thank you, Mr. Speaker."
"Mr. Brady."
"Mr. Speaker, I'm not done."
"I… I'm… I'm sorry. I thought you were completed." 09800068.docx 123 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"So, when that didn't have the support to pay for it out of corporate personal property replacement funds permanently, there was a compromise, and many in this Body agreed to that compromise. And that compromise was, we're just going to get over this for this year, we'll fix it in next year's budget, we'll pay for the regional superintendents out of CPPRT funds just this year and we'll never, ever, ever, ever touch that again. And that's what everyone thought at the time. I did not. I knew that if we opened that can of worms that we'll never be able to put that lid on this can again. And indeed, not one year later, in last year's budget, the office was paid for, once again, with local revenue funds out of the CPPRT funds. And now, here we are again today. Here we are again today with a Bill to use Corporate Personal Property Replacement Tax permanently taking it from the locals, taking it from local tax paying dollars, to use this to pay for this permanently and to add to it, and to add to it, to use it to pay for an education fund, a labor education commission that has been in the news quite a bit in the last year. People often wonder, and amazingly still today, there are Members of this Body that are confused and wonder why this Body isn’t trusted here in Springfield. Well, this is one of a mi… of many exhibits of why there is not trust in Springfield. This is bad for local taxing bodies. This is bad for our school districts at a time when know them… owe them millions and millions of dollars. And most importantly, this is bad for the taxpayer because all that's going to happen from this is a back door tax increase. All this does is increase taxes. It 09800068.docx 124 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 is time that this Body begins to tell the truth so that we can restore trust in Springfield. I urge a 'no' vote."
"Mr. Brady."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Leader, just a couple questions regarding, in particular, the personal property replacement tax aspect of the Bill. I believe you said regional superintendents of schools and there was a couple of other add-ons, the board…"
"Election…"
"…the Illinois board?"
"…election judges, elections counters and so forth, and then, new this year would also be the Educational Labor Relations Board, the expenses of the State's Educational Labor Relation Board. And again, the theory that what those are that those people are serving essentially a local purpose, disputes between school boards and school teachers."
"And… and is there not an add-on of additional county elected officials that receive stipends?"
"Just… just, I think, the election supervisors. I think we had already done the county recorder of deeds and the county clerks, I think. County clerks and county recorders, those we have done. The…"
"Right. But I thought the Bill had something…"
"…the chief election… the election clerks are new."
"Excuse me, Leader. I thought… I thought that we…"
"Those are new."
"I thought we had some new ones that were other stipends?"
"Some of the elect… election clerks, yes." 09800068.docx 125 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Okay. So, there's… there's no… there's no treasurers, sheriff, coroners, anything like that?"
"Well, for example, we've already done the State's Attorneys as a permanent proposition a couple of years ago."
"Right. I understand that. My… my question was, was there an add-on of sheriffs, coroners…"
"No."
"…clerks, nothing like that?"
"Not in this Bill."
"Not in this Bill. Was it in a previous Bill?"
"Yeah. It was."
"Okay. My question then, Leader, stems to this. Why… why are we doing this cost shift? Why… why are we moving over to pay these individuals out of the…"
"Be…For…"
"…corporate personal property taxes?"
"For two reasons. First, because the state is short of money, and second, because these are individuals who are serving local purposes. So the decision… our decision is that the locals should bear the responsibility of these additional dollars."
"So, previously, when these individuals were coming out of GRF, our state's GRF, the General Revenue Fund, because of the lack of funding and the pressures put on our gen… General Revenue Fund, I'm assuming, is the reason why these are being cost shifted over to the corporate personal…"
"I said…"
"…property tax?" 09800068.docx 126 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"I said two reasons. First, because we are short of funds, but second, because I believe that these are local responsibilities and I think the locals should step up to the plate and pick up the cost of these stipends. And when it comes to the stipends, the extra money, you know, we could change that law, and I think if the locals don't like having to pay it, then they ought to be coming to us and say get rid of it."
"So, if the financial drain, of which you alluded on GRF, these individuals are a casualty of that financial drain and…"
"Well, no. I…"
"…the shift is being made?"
"I would say that instead we are… we are giving to the locals the financial responsibility to pay for the people that are serving local responsibilities and needs."
"Any projection into the future, when we make these shifts, how long it'll take before talking someday about there's no… there's not enough money in the Corporate Personal Property Replacement Tax Fund to do what we're doing here today?"
"I… I would tell you that, generally speaking, that fund has about $1.5 billion in it. And if the cost of this program is maybe 16 million, you can see that it's not going to happen anytime soon. And remember that the… the Corporate Personal Property Replacement tax that, fund, too, would have been subject to what we like to call the April surprise. So, when I say 1.5 billion that's on average, and I'm sure at the moment the fund is a good deal more flush than that."
"Thank you very much. And to the Bill, Mr. Speaker. Ladies and Gentlemen of the House, I'm the farthest thing from a 09800068.docx 127 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 mathematician, but I do know that never say never here in Springfield. You just heard from our Leader say that it would be quite some time down the road before we would have to be concerned about the drain we're putting on this particular fund and we are now cost shifting over to. It's just another example, Ladies and Gentlemen, of not accepting the tough responsibilities of making the decision to say maybe we have to cut instead of shift. Thank you."
"Representative Bellock."
"Thank you ver… thank you very much, Mr. Speaker. Will the Sponsor yield?"
"Lady yields."
"Representative Currie, I was looking at, on our list, of direct, all of the 100 percent federal matching funds related to HFS spending from GRF and related funds for the newly eligible Medicaid enrollees pursuant to the Act on Health Care Prov… Provider Relief Fund. What source of money are you going to be using for that up front to get that match? I'm not sure if you have the same document I do. It's second from the top on the second page."
"Yeah. Okay. Yeah, I'm having trouble finding it on the page…"
"Yeah."
"…but the idea is that for the newly eligible Medicaid enrollees, it's going to go into the… the provide… the Health Care Provider Relief Fund."
"I get that, but that's what we were talking about the other day on the Medicaid expansion, but what source of money are you going to put up front to get that expansion, to get 09800068.docx 128 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 that match back of the probably $3 billion that we're supposed to get back? Where do we get the money? Where is that in the '14 budget? Where do we get that money?"
"It's going to… any spending we do, we'll send to the feds, they'll send us the money back, 100 percent of it. So, it's hard to know until we know what kind of enrollment there is, hard to know what the actual dollar value will be. But this will be 100 percent funded by the feds. We will put all of the money into the Health Care Provider Relief Fund."
"Do you have a projection on that total FMAP that we would be expected to get…"
"You know it depends entirely…"
"…in '14."
"…entirely on what kind of up take we… we get in the program. We know that there are 342,000 people who would become eligible under the… under Senate Bill 26. There also are a large number of people who are eligible already. We're eligible for Medicaid but have never taken up the program. So, it's very hard to say of close to 500,000 people if you add the already eligible and the newly eligible, it's hard to know what kind of participation there will be. A lot of people are not likely to pick up the program until they are sick, until they have a particular health care need. That makes it very tricky to… to hypothesize what the numbers will be."
"I agree. That was part of my point when we debated the Bill the other day as to the numbers, especially of the new versus the old. You say 325, we think it's more 500, and in the old… the Kaiser Foundation said maybe a hund… 150. Anyways, moving on to… I wanted to ask…" 09800068.docx 129 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"But… but whatever the number, Representative…"
"Right."
"…we will get reimbursed 100 percent from the Federal Government, and we will put that money into the Health Care Provider Relief Fund."
"Moving on. I wanted to ask about… this is an issue that's been around for at least 10 or 12 years, and I just wanted to follow up because we never hear much about it, allow up to 80 million in short-term cash transfers from the GRF Tobacco Settlement Recovery Fund. I just wondered how much is still coming in to this state in that fund. You know…"
"Okay. Let me…"
"…the check."
"Let me see if I can find that number for you. The reason we do it this way is because those receipts always come in… in a big chunk in April. So it is… this is not money that comes in during the regular course of the year that we can then appropriate on a regular basis. So, we always do this. But let me see if I can find out real quick what we think is coming in under that fund. We don't have the answer, but we will get it to you."
"Okay. My second question to that is, besides what's coming in, now that we have discontinued the circuit breaker program last year or maybe the year before, I'm sorry, I'm not sure what that Tobacco Settlement Funds are being used for."
"A lot of it still goes into long-term care, some of it goes into GRF. And I can get the percentages to you, I don't have them at hand." 09800068.docx 130 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Long-term care? What program is that? I thought the majority of it went to circuit breaker, and now that we've cut out the circuit breaker program, I don't remember a long- term care program that it went to."
"Yeah. And now, I'm told that they aren't going into long- term care, maybe we parked them in long-term care."
"Alright. I'd appreciate if you could find out."
"If… if we're parking them in Chicago… if we're parking them in Chicago with long-term care, you know, we've got to feed the meter."
"Okay."
"Even… even on Sundays."
"Right. I know that. On the… I… I have a question on the Prompt Payment Act interest, just because it's extending for one more year the ability to pay past liabilities from future fiscal years appropriation. My question may not be identical to this, but this has been a major talk of conversation even up until yesterday about all the social service agencies that received their payments and now were told that they… that was a mistake. How does that work now? Because those people had already deposited. Some of those groups got 150 thousand, some 500 thousand."
"This is only the interest on late payments, and we're doing this at the request of the Comptroller."
"Well, the re… I think the Comptroller was the one that sent the letter out to all these people saying she wanted a repayment of the…"
"I think that's a different issue, Representative. This is just about prompt payment penalties, and the Comptroller 09800068.docx 131 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 asked us to do it this way so they can close out last year faster."
"Okay. Just want to clarify in here the Medicaid nursing home rates under… wanted to make sure under Senate Bill 26, they establish the RUGS methodology. And this item does ensure that no unintended inflationary rate increase take effect, is that correct?"
"It is correct."
"Thank you. I think I have one more. Says that it fixes a technical error within Senate Bill 26 that ensures that Alexian Hospital is compensated…"
"Yeah. In fact, it turned out we didn’t have to correct that error. The Department can handle the problem by rule so that language is not in Senate Bill 1329 as amended."
"Thank you very much. Again, I guess I would just reiterate what I had said this morning on the subject of being $2 billion over in our spending with this year. There's certainly some of the things in the 'BIMP' Bill that we would like to support. But there are other issues here that we have concerns about regarding the $2 billion in overspending for 2014 and not paying down as many bills as we would like to have seen paid. Thank you very much."
"Representative Senger."
"Thank you, Mr. Speaker. Would the Sponsor yield?"
"Lady yields."
"Quick question, if I may. Does Chicago have a regional board of education?"
"No." 09800068.docx 132 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"They do not. Okay. And if I may, to the Bill. One of the problems I have in regards to the policy of paying for local services back to the locals which were used in the mechanism of the CC… CPPRT Bill to do so has to do with the fact that some… some places participate in it and some do not. So, those… if you're cutting… if you're taking dollars that are now to make one whole again through CPPRT and you reduce those dollars that means you're making them less whole. And for those areas that don't receive those dollars are getting the benefits. For example, it is my understanding that 52 percent of the CPPTR… CPPRT funds got to Chicago. Is that correct?"
"Some portion does go to Chicago and Cook County. The regional superintendent that no longer is in my neck of the woods was the regional superintendent for the county, I believe."
"Okay. But I guess… I guess my comment here, if we really had a policy to have the cost go back to the locals, you don't have the cost."
"Well, you know… and… and one thing that you might think about doing is abolishing your regional superintendents and turning their responsibilities over to the educational, whatever they're called networks, which every, every community has. Some would argue that you don't need an elective post. That, in fact, you do quite well if you went to the education service centers, which I believe are available to all the local schools across Illinois, not just in… in Cook County but other places, too." 09800068.docx 133 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"But I guess my argument is that it's Chicago, because they're getting a reduction now and what they deserve is paying for all the other regionals outside of Chicago."
"Well, as I say, you have another option available to you. The regional superintendent was abolished in Cook County and you could do the same in your part of the world."
"But that… that also is the same for the education relation board and the stipends."
"I think it was education… Wasn't the education service center? I'm not sure if that’s the right title."
"Okay. It’s just my point that those who are receiving the funds at a… at… now by reduction are the ones that are paying for everyone else, so some school districts will get less and pay for everyone else, some will not have to do anything. And again, if the real policy is to distribute this stuff locally, we really should distribute in a way where it's on a local basis, not just through this."
"Well, if… I… I would just argue, Representative, if this is… if these people are serving a local purpose, a local activity, then they ought to be paid for locally. If we don't have one in the City of Chicago, I don't see any reason why you would try to stick me for the bill for someone who is actually providing a service to you in some other part of the state."
"Mr. Davidsmeyer."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Lady yields." 09800068.docx 134 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"I'm… I'm reading in my analysis here that this ends deposits to the Illinois Tax Increment Fund. What… what is… what is this reasoning?"
"Yeah. So, in… in a long ago era, in addition to tax increment financing projects being able to access property tax improvements, new money coming in because a tip was successful, there also was a state sales tax portion, so that as the state's sales tax rose, then that money went into the TIF fund too. The problem was that locals pretty quickly figured out that if you have a sales tax TIF, you can encourage all of your car dealers to move from here, where there is no TIF, to here, where there's a new one. And then all of the increment… the state sales tax increment, much of it went to the locals. Well, that didn't seem a very sensible proposition from the state perspective. So, we did shut it down, I think, sometime in the mid '80's. Some of that sales tax revenue, I think, still was kept by the state, and it is that money that we are now at the end of."
"Okay. So, we're just… this is something that was ended in the past and we're just finalizing this fund."
"Exactly. By… by, I think, September 1 the last payment, last distribution and then by the end of December, we're done with the whole fund."
"Okay."
"This is called cleanup. This is called accountability and efficiency in Illinois State government."
"And I appreciate that. Thank you. One other question, does this incrude… include fund sweeps from funds set up specifically for?" 09800068.docx 135 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"No, there… I… I didn't see any fund sweeps in the Bill. I looked… I looked hard through all 217 pages, and I didn't see any."
"We had some discussion in the last couple weeks, audits of… of road funds…"
"Yeah."
"…and this… my understanding is that this includes even more sweeps than we…"
"I wouldn't call them sweeps. I would say that road fund money can be used to pay for various…"
"Okay."
"…appropriately connected activities. And these I think were decisions that were made in the Appropriations Committee's concern that there might not be enough GRF to go around."
"Thank you."
"Mr. Sacia."
"Thank you, Mr. Speaker. To the Bill. Ladies and Gentlemen, I wasn’t going to speak until I heard the Gentlelady from Chicago take some pretty strong swipes at ROEs, that they're not really all that important, they don't need them in Chicago, you don't even have an elected school board in Chicago. The rest of the state runs a little bit differently. And I know I can't win this battle because the Gentlelady will get to close. But the reality is, Ladies and Gentlemen, throughout this great State of Illinois, the regional office of education is significantly important to our school districts. It's very easy, when you function on a totally different plateau as you do in Chicago as opposed to the rest 09800068.docx 136 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 of the state, to say well, we don't even need those folks. Maybe you don't, but we really do. And I will go back to what Representative Unes said earlier when we said two years ago that this was going to be a totally one-time idea and now we're going to get it pushed right down our throat. And I will quote the Gentlelady from Chicago saying this is cleanup language. Right, folks. Here we are with some cleanup language. And if we're really smart, the Gentlelady would have all of us believe that the ROE should ride into the sunset, never to be seen again. Again, a Bill that definitely needs a 'no' vote. Thank you, Mr. Speaker."
"Leader Currie to close."
"Thank you, Speaker and Members of the House. I certainly meant no disrespect to the regional offices of education nor to the regional superintendents who lead them. My point only was that if the burden of paying for their services is too heavy a burden for the school districts that they serve, then there is another option open to people at the local level. I do believe in local control, local governments. So, just to finish up, this Bill is necessary if we are to imple… implement the budget that has already been approved by this Legislature and will be signed by the Governor. There are very important provisions here. I do think it is worth saying one more time that local responsibilities should be paid for at the local level. That's what this does with respect to the regional superintendents, the county recorders, the county clerks, election clerks, and I see no… no reason why we should not continue that practice. I urge your 'aye' vote. Remember, we have already paid more than $5 billion in old debt in the 09800068.docx 137 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 current fiscal year, more than we ever expected we would be able to do. This budget will enable us to pull down our debt by another $1.25 billion. So, 6.25 billion and counting is not something to sneeze at. We should not be uncomfortable about our fiscal practices. I urge your 'aye' vote."
"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Manley, Yingling. Please take the record. On this question, there are 66 voting 'yes', 52 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk."
"Committee Reports. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules reports the following committee action taken on May 31, 2013: recommends be adopted, referred to the floor is Floor Amendment #2 to House Resolution 370 and Floor Amendment #4 to Senate Bill 1409."
"Under the Order of Senate Bills-Second Reading appears Senate Bill 1910, Mr. Bradley. Please read the Bill."
"Senate Bill 1910, a Bill for an Act concerning State Government. This Bill was read a second time on a previous day. Amendment #1 was adopted in Committee. Floor Amendments 2 and 4 have been approved for consideration. Floor Amendment #2 is offered by Representative Bradley."
"Mr. Bradley."
"I'd like to adopt the Amendment and… and debate it on Third if necessary." 09800068.docx 138 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Is there objection? Seeing no objection, those in favor of the Amendment will say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"Floor Amendment #4 is offered by Representative Bradley and has been approved for consideration."
"An objection to moving it to Third? Seeing none, those in favor of the Amendment will say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Please read the Bill."
"Senate Bill 1910, a Bill for an Act concerning State Government. Third Reading of this Senate Bill."
"Mr. Bradley."
"This is an initiative that, a year ago or so we took many people, I think about 3,000 out of the collective bargaining agreements in the State of Illinois. This would put a small number back. It's around 100 or less. I'd ask for an 'aye' vote."
"Mr. Bost."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Were… were they the ones that were the clerical people that were taken out of the uni… or a certain group that were taken out of the union contract, is that right?"
"Correct."
"And… and how many were there?"
"I thought it was over 3,000, Representative, but I don’t know the exact number."
"And so, this would then put them back in?" 09800068.docx 139 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"No, just like a hundred or less."
"Okay. Do you know which jobs it is that they…"
"I've got a list of some kind of identifying jobs, but chief stationery engineer, assistant chief stationery engineer, sewage plant operator, water plant operator, civil engineer, et cetera."
"Right. So, we let them… I understood why we… we took everyone out, because we just basically had… almost everybody in the union, there was no ability. But… but why these specific ones to come back? What…"
"I… I think there was an over… there was a thought maybe it was a bit overreaching, and this… I understand this is an agreement between the Governor's Office and the unions that were affected by this."
"Okay. But… but were the… didn't… didn't the unions originally didn't want any of them taken out?"
"That's correct."
"Okay. So…"
"This is small, less than a hundred, hundred or less out of 3,500, 3,500."
"And… and we're… prior to us, and… and maybe staff would have to answer that, but prior us… to us putting that large group into the union several years ago, that was during the Bla… Rod Blagojevich years, is… was this group already in the union and then we took them out?"
"Yeah. I… I guess I didn't understand your question. We took them out of the collective bargaining a year ago… a year ago. They've been in collective bargaining previously."
"Okay. But were they…" 09800068.docx 140 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Now, there's some that…"
"Do you know how… how far back they were? Were they part of the group…"
"Gosh, I… it probably was around the time you started, which means I would've been around grade school."
"Thanks."
"I'm sorry. I was looking at the Representative to your right. Since 2008, these are the only people that were put in the union since 2008."
"Okay. That… that's what I needed to know. Thank you."
"Okay."
"Mr. Bradley to close."
"Ask for an 'aye' vote."
"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please record yourselves, Members. It's Friday. Have all voted who wish? Mr. Poe. Please take the record. On this question, there are 89 voting 'yes', 29 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. On Supplemental Calendar #1, under the Order of Resolutions, appears Senate Joint Resolution 32, Representative Will Davis. Please proceed, Sir. Representative Davis. Take a breath first, Sir." Davis, W.: "Thank you very much, Mr. Speaker, Ladies and Gentlemen of the chamber. We are fortunate to have in front of us Senate Joint Resolution 32. There has been a great deal of conversation about school funding, what that means, should it change, should it be different. A lot of conversation about 09800068.docx 141 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 that. It is our desire that this Resolution be the beginning of a conversation toward trying to figure out an answer to some of these questions. In the past years, as Chair, we talked a lot about making changes and how the general state aid formally is distributed. But unfortunately, we engage in those conversations a little bit later in our appropriations process. So, we are committed to, not necessarily because of this Resolution, but we are committed to engaging in that conversation a lot sooner. This Resolution should begin this dialogue in a way that allows us to really be able to delve into what changes, if any, there should be, and how we distribute the state funds that we have to schools. I would be more than happy to answer any additional questions."
"Mr. Pritchard."
"Thank you, Mr. Speaker. Would the Sponsor yield?"
"Gentleman yields."
"Representative, when did our current formula for funding our general state aid take place?" Davis, W.: "We think that it was somewhere in the mid '90's, maybe '95 or so."
"Around 1997. So, it's certainly a decade old, and over this period of time, has the results of that formula changed a little bit when you look at poverty, when you look at the property tax replacement law that we passed, the PTELL law, has that changed the kind of distribution that schools might expect?" Davis, W.: "Well… well, there hasn’t been any changes since… maybe since some of those laws were passed. But of course, every year, what is distributed to schools, of course, is impacted 09800068.docx 142 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 by the amount of resources that we have in any particular year. I mean, even if we take this year in particular, if we had level-funded general state aid, it would have been a lower proration or distribution to the schools than the previous year. So, obviously money was added and to keep the proration flat. So those changes come every year and we don't always know what those changes are going to be. You mentioned PTELL in particularly, and there have been some… a lot of conversations, a matter of fact, the Gentleman… I filed a Bill, actually, that addressed or talked about making changes to PTELL. But of course, it was a large issue and, as I mentioned before, calling that Bill came a lot later in Session than maybe it should have been so that we would've had more time to really be able to dissect what changes may be necessary and then maybe consider a piece of legislation to make those changes that we all agree on."
"As… as we spoke this morning, when we were looking at Senate Bill 2555, the EFAB formula has come up with an amount for education that's almost 25 percent more than what we're able to put into it. Do you think we'll be able to come up with some kind of recommendation that would compensate for that kind of underfunding of our educational costs?" Davis, W.: "Well, many have argued that in order to try to make that better, is that obviously you need additional revenue. Wherever it comes from, you need additional revenue so that the state can better fulfill its responsibility toward funding schools and take some of that burden off local taxpayers. So, again, things like that are always subject to, whether it's dollars or legislation. So it's hard to predict 09800068.docx 143 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 what those changes will be every year because some of those questions are answered as we start our process."
"So, will this task force go beyond, then, how current funds are distributed to actually looking at how we fund education?" Davis, W.: "Well, I certainly hope so, Representative. Again, this started in the Senate and I'm sure Senator Manar had a purpose in doing so. But certainly, as I've experienced, as you've experienced, as Representative Pihos experienced when she was the Minority Spokesperson, we know we need to delve into a number of other things as it relates to how that money is distributed. And I'll give you one example and that was House Bill 2660 that I introduced that dealt with charter schools. They impact general state aid, and we think that that's part of the conversation that should ensue. So hopefully, as we walk through this, and again, when I… when I read the analysis of the Resolution earlier today, the second statement that I made is that the committee is also required to recommend changes to establish education funding which is adequate, equitable, prepares students for achievement and success after high school, and supports students and teachers. So, in my opinion, a statement like that opens the door for us to walk through a number of other issues or concerns that we have relative to school funding with regard to the state dollars that we appropriate to schools."
"As you look back over the last 20 or 30 years, hasn't there been a lot of such task forces and hasn't their recommendations had any bearing on what we've done?" 09800068.docx 144 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 Davis, W.: "Well, you mention that earlier… oh, excuse me, Representative Moffitt actually mentioned something like that earlier today in committee and I appreciate that. And I couldn't say that I'm versed on all of the previous iterations of a task force, a blue ribbon committee, advisory board, whatever the case may be, but we know there have been several. So, I charge myself with the task of trying to get the history on those previous groups, if you will, to learn exactly what they were trying to do and then understanding whether or not they accomplished anything that they set out to do. I think Representative Moffitt, at the very least, told us that it was the IGNER Commission that, at the very least, broke out poverty as a part of the general state aid formula that exists. So obviously that was one thing that came out of that particular group, whether or not any other things… any other… anything else came out of the other groups. I'm not aware of and hope to learn what that may be."
"Well, we certainly can learn, and I'll look forward to hopefully working with you on this task force and delving into some of what we've learned in past task forces as well as what our current conditions are. Clearly, as we talk with our school districts, we know that an ever increasing number of them are facing financial problems. The system that we have isn't working for funding education and it certainly isn't working for property tax payers who, in many areas, feel they're being taxed out of their home, certainly our senior citizens. So, it's an area that we need to look at. We have to properly fund education and we need a new way of doing it. I support your Resolution." 09800068.docx 145 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 Davis, W.: "Thank you ver…"
"Mr. Riley."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative Davis, I'd like to commend you for this Resolution. Let me just ask you a question. You know, some of us, both in and out of the Legislature, have been working on this problem an awful long time. Can you sort of give me a… your own take on what I think is the myriad sources of information, old Bills that we tried to pass, some of the commissions that we've talked about earlier, all the information that's out there for this commission to be able to look at as… as background?" Davis, W.: "You said what… what is my take on all of that?"
"Yeah. What's your take on all of the task forces that we've had, the legislation that we've passed like 750 and so forth, don't you think there's a copious amount of information that this task force could use as background for the planning that they want to do in the future?" Davis, W.: "Oh, absolutely, Representative. Again, not knowing all of the previous commissions or task force groups that came before us to look at this issue, at the very least since I've been here, you know, we talked a lot a bit… a lot about what was House Bill 750 which was the funding shift that would put the onus back on the state to properly fund education, while relieving the burden on some of the taxpayers. So, that's at least one thing that I can speak to since I've been down here. Again, as I've mentioned, I'm sure there were a number of other things prior to me being here that I've heard 09800068.docx 146 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 about but don't necessarily know all the… all the details to. But I'm sure there has been no shortage of individuals in this chamber for years that have talked about funding schools, can we do it better, should we change it, all of those questions. And I think one of the… at least one of the differences that I will say that in terms of maybe where those committees and those commissions were as to where we are now, or least somewhere. You know the appropriations process used to really be concentrated with a few individuals. A few individuals used to make all of those decisions for the appropriations and it was… when I got here, it was former… former Representative Hannig that used to be that floor leader who would then argue all of the appropriations Bills. Obviously, the biggest change that took place is when that power was then really given back to the committees and the appropriations chairs to make these kinds of decisions about that. And so, now, in my opinion, we have a different context in which to have this dialogue. And what you've got all of the appropriations chairs looking at their issues, so it'll be really easy for us, me and whoever else is on that committee as… for me as appropriations Chair to really just focus solely on this one issue and really try to drive home that something needs to be different, something needs to be changed with that, and… and we're looking for some positive results."
"Thank you so much. Hope to be on the commission myself. I support whole-heartedly your Resolution."
"Mr. Welch."
"Thank you, Mr. Speaker. Will the Sponsor yield?" 09800068.docx 147 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Sponsor yields."
"I want to stand in strong support of SJR 32. I also want to go on the record and commend Representative Will Davis, not only for sponsoring this Resolution here in the House, but for all of the work that he's done for K through 12 schools. I truly see him as a champion for our schools here in the State of Illinois. But I also want to commend Senator Andy Manar, a freshman Legislator, who has taken on this… this issue over on his side. This is so important. It's a major issue that has to be addressed. It's an issue that I've talked about repeatedly as a former school board member. In 1954, Chief Justice Earl Warren's court, in Brown v. Board of Education, said that the segregation of students in public schools violates the equal protection clause of the 14th Amendment because separate facilities are inherently unequal. We know what they were talking about with the segregation of students in 1954, but when you look at the way we fund our schools in the State of Illinois, we have the very same thing that Kansas had in 1954. We've got schools that are failing to perform academically, and if you look at them, they're largely minority schools districts. They're largely school districts that don't have the same socio-economic means as other school districts. But yet, these school districts that are well to do still receive significant general… general revenue funds from the State Board of Education. It's just not fair. We have to change the way we fund schools in Illinois. Right now, the State of Illinois Board of Education says they can take over 77 school districts in this state, 77, and most of those school districts have socio-economic 09800068.docx 148 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 problems. What's wrong with that picture? This Resolution needs to be adopted, it needs to be adopted today, because right now Illinois is taking us back to 1954 with segregated schools. Thank you."
"Mr. Leitch."
"Thank you, Mr. Speaker. I assume there'll be a recorded vote on this?"
"Yes, Sir. There will."
"I would just caution those of you from downstate districts in both parties to put your hands on your wallets. This, to me, is of great concern. Typically, there are task force like this which result in having downstate schools get fewer and fewer resources from the state. So, I'll certainly be voting 'no'."
"Mr. Mitchell." Mitchell, C.: "Thank you, Mr. Speaker. To the Resolution. I want to start by commending Representative Davis for all the work he's done on schools over the years as well as Senator Manar. In partial reply to the previous Gentleman's question, I want to say that this is the single biggest thing we can do for economic competitiveness in this state and that we have a problem, not just with our poor urban districts, but also with our poor rural districts. This is a problem for which the face has commonly been black and brown but which also affects some of our poor white students, especially in far flung suburbs or rural areas. This is the single biggest thing, fixing education funding, that we can do for our state that affects all of us, regardless of the color of our skin. 09800068.docx 149 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 I strongly support this Resolution. I hope that everyone will as well. Thank you."
"Mr. Reboletti."
"Thank you, Speaker. To the Resolution. I wasn't going to speak on the Resolution, but here we are about maybe eight hours or so away from adjournment or one hour maybe, and we're going to start to begin a conversation about funding education. We talked about funding education a lot yesterday while we began the pension shift where downstate and the suburbs couldn't have enough pockets to have money taken out of them because we're already paying monster property taxes, we don't get the general state aid that Chicago and Cook County get, and now, we're going to look at how we can take more money from everywhere else in the state. I would hope that we would take a look at how everything in Cook County is assessed compared to how everything is assessed in the rest of the state. You heard Representative Tryon yesterday talk about Cook County pays 10 percent EAV on their homes, and on everyone else's homes, outside of Cook, it's thirty-three and a third percent. So, thirty-three and a third, think about the differential right there. So not only are we burying by our local tax dollars, we then have to shovel money as fast as we can from DuPage County into Cook County, where you can never have enough money because they're always broke. Look into short pensions later today for the City of Chicago pension system. I don't think we need a task force to figure out that however they're doing things there isn't working. So, obviously we have to address this issue. But when we have 'bimp' Bills and budget Bills that have Member initiatives in 09800068.docx 150 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 them to deal with things, how are we going to get the real issue? And now, we may be an hour away from adjournment without a pension solution. Maybe we coul… we could have a task force that will meet over the next hour to maybe have 2404 be called, or Senate Bill 1 called again, or anything before a downgrade in the State of Illinois occurs. I appreciate the Sponsor's efforts on this, but I can see what's going to happen here. And I would… I ask everybody to make sure that they bring plenty of money to pay for Cook and Chicago."
"Mr. Davis to close." Davis, W.: "Thank you, Mr. Speaker. I just want to… a couple of things that were said earlier. Representative Leitch mentioned that this is a money grab from downstate school districts. Well, the Senate Sponsor of this Bill is from Springfield, that's very well south of I-80, and I'm sure his intent is not to take money from downstate school districts. And I don't know if that Representative has ever traveled anywhere else in the state, but if he came to the south suburbs, he would see that school districts in my area are no different than downstate school districts in terms of lack of resources and the trouble that they're having as well. So, I would invite him to come to my district and let's tour some schools. Then I can show you the comparisons between schools in southern Illinois and schools in suburban Cook as well. And then, the last speaker talked about… talked about that this is kind of part of a shell game. Maybe that's his interpretation of this, but I don't see school funding as any shell game. It is probably one of the most important issues 09800068.docx 151 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 that we have to deal with in addition to pensions and the other things that he mentioned. It's on that list. So, this is an effort to try to address those issues in this big context of what we call the State of Illinois and all of the other issues that we have to address. Now, this is merely a Resolution, so it's about meeting and talking and trying to come to some resolve. And again, and I want to thank in a very special way Representative Sosnowski, who originally had picked up this Resolution and was kind enough to turn over sponsorship to me. And I really, really appreciate that. And as you can see, he's also a hyphenated Sponsor of this Resolution as well. And if you go online, in your systems, you will see the growing list of Representatives who apparently think that this issue is important enough to sign on as a cosponsor, sign on as a cosponsor, Ladies and Gentlemen. Now, I can argue that this is the most important thing because of the committee that I chair. Someone who chairs another committee may argue that that is the most important thing and… and the list goes on depending on what your issue is or what committee you chair down here. But Ladies and Gentlemen, this is the one thing that all of us run on when we run for reelection is education, improving it, making it better, supporting it, whatever the case may be. So, here's an opportunity for us to, in a bipartisan way, collectively look at the issue to see if there's something that we, as a state, can do to make it better for all of the students. I would love for my communities to be like Elmhurst, to have resources, you know, to have fledgely… to have fantastic hospitals. If you're on Roosevelt Road and you 09800068.docx 152 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 drive, you see a beautiful, brand new, large Elmhurst hospital. I would love to have that in my district. Love it. But unfortunately, my communities are not like your communities. They're struggling, but they’re trying to get better. What we see is where we want to go. Where we want to be, that's what we see. What this is, is about trying to raise up the entire State of Illinois and not bring anybody down. Thank you all for your support on this Resolution."
"Mr. Reboletti, you spoke in debate, Sir."
"My hometown's been used in debate, Mr. Speaker. If I could address the previous speaker?"
"Your hometown was used in debate?"
"My hometown was used in debate."
Speaker Lang: "No, Sir. Those in favor of the Gentleman's Resolution will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. McAuliffe. Please take the record. On this question, there are 109 voting 'yes', 8 voting 'no'. And the Resolution is adopted. Mr. Ford."
"Personal privilege, Mr. Speaker."
"Please proceed."
"Can a church please say Amen?"
"Mr. Reboletti defending his hometown."
"Mr. Speaker, a point of personal privilege."
"Please proceed."
"I would welcome Representative Davis to come to Elmhurst where, I guess, the streets are paved with gold and he can stop by and have lunch with me anytime and take a tour of hospital. But the good people of Elmhurst didn't pay for 09800068.docx 153 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 the hospital. It's a private, not-for-profit hospital. And believe it or not, we pay 80 percent of our property taxes to the schools, and every time the state takes away money from my students, Representative, that means the local taxpayers in Elmhurst have to pay more. So, actually my… my students shouldn't be treated any less than your students. And… and I can't wait to come to visit you this summer when you're going to buy me lunch."
"On page 6 of the Calendar appears Senate Bill 2389, Representative Nekritz. Please read the Bill."
"Senate Bill 2389, a Bill for an Act concerning education. The Bill was read for a second time on a previous day. Amendment #1 was adopted in Committee. Floor Amendment #2 is offered by Representative Nekritz."
"Leader Nekritz."
"Than… thank you, Mr. Speaker. Floor Amendment #2 is a very technical cleanup to the cost shift Bill that we passed yesterday that clar… and the Amendment simply clarifies that the universities do not pay twice for some of their employees."
"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. The Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Please read the Bill."
"Senate Bill 2389, a Bill for an Act concerning education. Third Reading of this Senate Bill."
"Leader Nekritz."
"It's the same thing I said before." 09800068.docx 154 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Those in favor of the Bill, vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Burke, Dunkin, Manley, Mitchell, Riley, Tabares, Yingling. Mr. Yingling. Please take the record. On this question, there are 66 voting 'yes', 52 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk."
Clerk Bolin: "Committee Reports. Representative Currie, Chairperson from the Committee on Rules reports the following committee action taken on May 31, 2013: recommends be adopted Motion to Concur with Senate Amendments 5, 6, and 7 to House Bill 183."
"Leader Currie for a Motion."
"Thank you, Speaker. I suspend… I move to suspend the posting requirement so that the Amendments to House Bill 183, now on the Concurrence Calendar, can be heard immediately without waiting for the one hour interval."
"Those in favor of the Lady's Motion say 'yes'; opposed 'no'. The 'ayes' have it. And the Motion is adopted. Mr. Clerk, under the Order of Concurrence appears House Bill 183. Mr. Phelps."
"Thank you, Ladies and Gentlemen. House Bill 183, we have Amendments 5, 6, and 7. I would ask for their adoption and debate this on Third."
"This is final action on c0oncurrence, Sir. Do you have any opening comments on the Bill?"
"Yes, I do. Thank you, Mr. Speaker, Ladies and Gentlemen of the House. As we know what this Bill is, this is the 09800068.docx 155 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 concealed carry Bill, what we we're trying to do for the June 9th court ruling before we go over the cliff. Just to let everybody know, this just passed the Senate 45 to 12. We are right on the… we are on the right track with this. I want to thank many Members of the General Assembly, which I'm going to do now. I want to thank Leader Mautino, Leader Bradley, Representative Costello, Representative Bost, Representative Sullivan, Representative Reboletti, Beiser, Reis and Verschoore. Also, I want to thank Representative Ford for his task force on this. I want to thank Senator Raoul, Bivins, Haine, Forby, Righter, Sullivan and Manar. This is a very historic day. I never thought this day would come. We’re one step closer to getting this done. And I just urge an 'aye' vote."
"Gentleman moves that the House to concur on Senate Amendments. The Chair recognizes Mr. Bost."
"Thank you, Mr. Speaker. I also rise and… and want to thank everybody that has worked on this. There's been a lot of long hours. I believe that with working not only with the downstate on… on where they were wanting to go with the city, we sat down through some long hours yesterday to come up with this plan that is pretty well agreed to. And it has been a long time coming. I want to say a special thank you to Brandon Phelps for his hard work. Sullivan, Reboletti, the… the amount of people that were working on this was just tremendous. And I would just encourage us to concur with the Senate and send this to Governor."
"Mr. Bradley." 09800068.docx 156 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"I just want to congratulate my dear friend, Brandon Phelps, who I grew up with, and the work he's done on this. I want to thank the Republicans, City of Chicago, people from throughout the state. Yesterday and today, we showed through the passage of legislation yesterday, and the possible passage of this legislation here today, that we can work together in a democratic process and we can do what's best for the people in the State of Illinois. The day has come, the day is now. Conceal and carry is coming to Illinois. Thank you all very much."
"Representative Mayfield."
"Will the Sponsor yield?"
"Sponsor yields."
"Representative, can you explain, we just got this Bill so I haven’t had a chance to look through it. The duty to inform, what are the stipulations for that?"
"If law enforcement asks you, you have the duty to inform them."
"That's only if you're asked? You do not have to vol… you do not have to put that information forward prior to being asked?"
"Right. We made that change for Representative Davis."
"Okay. I appreciate that change because that was a major concern in my district. Another question I have for you is in regard to the second concerns… concurrence where they've taken out the word 'concealed', so is this going to be open carry? I'm a little confused on that concurrence." 09800068.docx 157 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"No. Not at… not at all, Representative. That was a technical change, it… dealing with the preemption language, so it's just concealed."
"Okay. And how does this handle magazines?"
"It preempts magazines, anything to do with carry… yeah, magazines for only hand guns, not for assault weapons."
"So, we are banning magazines for assault weapons in this Bill?"
"No. Not at all. Not at all. We're allowing for local municipalities to regulate magazines for assault weapons but not hand guns."
"Okay. And then a final question that Representative Monique Davis had brought up when we were in caucus in regard to the arrest. It says that five arrests for any reason. Arrests are not considered convictions, so five arrests in a seven year period. We have individuals in minority communities that are arrested and picked up regularly and put into line up. So this would exclude them regardless of whether they committed a crime or not."
"That's just an automatic objection that goes into the review board that we set up on the… that a lot of people wanted to kind of give some balances and some checks of who the bad apples are, so to speak. So, they would get their day in court, so to speak, on that, but these are for petty offenses and petty arrests. They will not be charged with anything on this. They will just get their day in front of the review board, Representative."
"Would that include gnarly process?"
"I'm sorry. What?" 09800068.docx 158 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Will that include gnarly process, arrest without convictions, gnarly processes. Will those be excluded?"
"You me due process?"
"Gnarly process, meaning that no action was taken on those individuals."
"I'm not understanding the question. I apologize."
"It's something that happens quite often in minority communities where they are picked up, arrested, but then not processed."
"Oh. Not processed, I'm sorry. I didn't hear you. If they were arrested, yes. But if they can demonstrate they're not a threat to themselves and society, they will be okay."
"Thank you, Representative."
"Thank you."
"Mr. Costello."
"Thank you, Mr. Speaker. First of all, to the Bill. I… I'd like to thank Representative Phelps. I'd also like to thank the… our colleagues on the other side of the aisle, Representative Bost, Representative Reboletti, Representative Sullivan, and all of the rest of you who… who have worked on this with us for months now. It's really been a… a great exercise in how bar… bipartisan legislation should come about. I'd also like to thank the Speaker, who… who really helped this process and worked with us to make sure that there were gives and takes on both sides to come a piece of legislation that can be accepted for this state and also still protects the Second Amendment rights of the citizens of this state. And I would like to ask the Sponsor a couple of questions if the Sponsor would yield, please?" 09800068.docx 159 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Sponsor yields."
"So, for the purposes of legislative intent, Representative Phelps, this Bill lists numerous sensitive places in which the General Assembly has decided to parti… prohibit the carrying of firearms. For the purpose of legislative intent, can you explain the scope of carrying in a park?"
"The Bill prohibits carrying in a public park located in a municipality, under the control of a municipality, or park district. This does not prohibit carrying in state parks, forest preserves, conservation areas, and other open space areas. The intent is to keep guns away from all areas where children play, athletic fields including soccer and baseball fields, basketball courts and open recreation areas. This intent is not to prohibit carrying on walking trails or bike paths that may pass through or are located adjacent to public parks. This does not mean that all property controlled by a park district is considered a prohibited area. For example, the beaches and docks along Lake Michigan may be controlled by the Chicago Park District, but they are not parks, and therefore they are not prohibited areas."
"And also, with most of the prohibited areas, the limitation on carrying depends whether or not an entity has control over the property. For the purpose of legislative intent, what is meant by 'under the control'?"
"The… the term 'under the control' means the authority to exercise power or influence over, to regulate or control. I'm referencing the definition of control from Black's Law Dictionary. For example, a licensee cannot carry concealed 09800068.docx 160 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 firearm into a building or portion of a building owned, leased, or occupied by an officer of the Executive or Legislative branch of government. That means you cannot carry within a state building. This includes, but is not limited to, the Capitol and the state buildings within the Capitol Complex, Thompson Center, Bilandic Building, Secretary of State's drivers' license facilities or correctional institutions and offices owned or leased by any other constitutional officer. I'd like to point out that there is an exception for some property controlled by DNR. The intent is to ensure that persons using DNR parks and recreation areas can carry if the location falls under the designated by DNR."
"And is there anything in the Bill, other than the parking lot exemption, that would allow employers, as a condition of employment, to prohibit employees from being in possession of a concealed weapon during the course of their employment?"
"No."
"Can you explain, and this is very important for the Body, can you explain the scope of the preemption language?"
"Under this Bill, the state is exercising its power to be the exclusive regulator of hand guns and ammunition. Units of local government will not be permitted to establish local ordinances or regulations concerning the regulation, licensing, possession, carrying, and transportation of hand guns or ammunition. Any ordinance currently in effect would be invalidated and units of government would be precluded from enforcing any future ordinances. We are allowing local governments to continue enforce ordinance related to assault 09800068.docx 161 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 weapons, but only ordinances adopted no later than 10 days after the effective date of this Act. Going forward, those communities will have an opportunity to amend such ordinances, but no new ordinances may be adopted."
"Ladies and Gentlemen, it's a proven fact, statistically, that crime goes down when concealed carry is implemented. This is a great piece of legislation. Again, I commend the Sponsor. And I ask for your 'aye' vote."
"Representative Cassidy."
"Thank you, Mr. Speaker, Members of the House. I realize the late hour, but it's still not soup. We… we still go too far with preemption. We are still talking about preempting assault weapons bans in home rule communities. If you don't already have one, too late. The beaches, do you really need a gun at the beach? And where are you going to conceal it when you're at the beach? Really. The parking lot issue is another that troubles me deeply. What is to stop someone from just going and getting their gun and bringing it in? We cannot have this one size fits all approach that does not respect the differences in our communities. It's not soup. It's close, it's brothy, but it's not soup. Vote 'no'."
"Representative Williams."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, can you go through what the prohibition is in terms of places where alcohol is served?"
"So, we decided that bars cannot carry. We decided that 50 percent of the gross receipts for food you could, but Representative Williams, there's also a safeguard in there 09800068.docx 162 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 for the business owner. They could post if you don't… they don't want guns… concealed weapons in their facility."
"Okay. So why did you decide to limit the carrying or prohibit the carrying of guns in bars?"
"Because bars is just in general, that was the agreement that we had with all the groups involved at the negotiating table on this Bill."
"I guess I mean what… what's wrong with having a gun in a bar?"
"Like it… again, Representative Williams, some of mine, I don't know if there is something wrong. We are going to leave that up to the owner, but we came to that middle ground agreement in this Bill that says 50 percent of gross receipts is okay if there's food involved."
"So, did you have any concerns about the safety of alcohol mixed with loaded firearms?"
"Absolutely. That's why we upped the penalties. Not only for that, if you… if it's posted and you come in, there will be penalties on that person. Also, when you're carrying under the influence, so to speak, we upped the penalties on that, because no one should be having a gun while they're under the influence."
"Okay. Well, what about restaurants that serve alcohol? Have you thought to include that?"
"I don’t think there's anything wrong if I want to go, and this is not a, you know, an endorsement, but if I wanted to go to Applebee's or Indigo and sitting there, just having food, being able to protect myself and my family. I don't think there's…" 09800068.docx 163 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Oh. Okay. So…"
"…anything wrong with that."
"Oh. So, you're saying that if you're in a restaurant, you can't consume alcohol if you have a gun? Would you support that? Is that in the Bill?"
"You probably could, Representative Williams, but it will still be up to you to take that chance of being under the influence, so therefore, no, I would not want to do that."
"So, there's not a prohibition against drinking and carrying a concealed loaded weapon and being in a crowded restaurant with other people who may or may not be carrying. So, you are not banning drinking and carrying a loaded weapon and that exactly… to the Bill. This is the problem I have with this, in addition to the numerous issues that Representative Cassidy addressed. The 50 percent reference in the Bill is completely a false reference. What does that have to do with whether an individual is consuming alcohol in an unsafe way while carrying and handling a loaded weapon? For this and many other reasons, I urge a 'no' vote. This Bill is not ready."
"Mr. Mitchell." Mitchell, C.: "Thank you, Mr. Speaker. To the Bill. First of all, I think the Sponsor deserves tremendous credit. This… this Bill is a lot better than the first version of it we saw. It, I think, respects Second Amendment rights while also making sure that there isn't an issue with people transporting firearms to and forth across jurisdictions. But I retain a couple of concerns that… that still leave me as a 'no' vote. The first is that we still don't have a regulation of private 09800068.docx 164 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 hand gun transfers. It's my understanding the Sponsor and others have worked on something to that affect and that will be coming over soon and that's very encouraging. I still retain concern that the ISP is not ready for the sheer volume of what's about to come in, meaning that inherently, folks who, according to the statute, should not have weapons could have access to them. And finally, I just have to push back on this idea that somehow conceal carry makes folks safer. The research being referred to is year over year, but none of it's longitudinal. It is not borne out. Data sets have been lost. There is not a study that shows that concealed carry, for anything other than a one year change, makes us any safer. So, we can talk about Second Amendment rights, I think that makes a lot of sense, but the idea that somehow this is going to make us any safer is not backed up by data. Respect how much better this Bill's gotten, still not quite done. I urge a 'no' vote."
"Mr. Reboletti."
"Mr. Speaker, to the Bill. We're a few moments away from passing this with a Supermajority. I'm asking and pleading with Governor Quinn to sign the legislation as quickly as possible and not to take us over the June 9 cliff. Do not play political games with this. Let's move forward."
"Mr. Phelps to close."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Let me say, again, I want to thank all the working group on both sides of the aisle. I want to thank Brandon Nemec and Heather Wier Vaught. I want to thank Senator Raoul that's joined us in here today. And most of all, I want to 09800068.docx 165 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 thank the one person that has taken this to the next level, Speaker Mike Madigan. For him, we owe a lot of thanks, and I don't want to forget him ever. Crime has gone down in every state where there's been concealed carry. No other state has repealed it. We've got 'til June the 9 to go off the cliff. Don't let your constituents go off the cliff. The Senate passed this 45 to 12. This is an historic day for law-abiding gun owners in this state because they're going to get to exercise their Second Amendment right. I urge an 'aye' vote. And thanks again."
"Those in favor of the Gentleman's Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please take the record. On this question, there are 89 voting 'yes', 28 voting 'no'. And the House does concur with Senate Amendments 5, 6, and 7 to House Bill 183. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Mr. Jones."
"Mr. Speaker, I meant to vote 'yes'. I think my seatmate turned my switch off, but can I please be recorded as a 'yes' on a…"
"The record will reflect your intentions, Sir. Senate Bill 2155, Mr. Bradley. Please read the Bill, Mr. Clerk."
"Senate Bill 2155, a Bill for an Act concerning local government. This Bill was read a second time on a previous day. Amendment #1 was adopted in Committee. Floor Amendment #2, offered by Representative Bradley, has been approved for consideration." 09800068.docx 166 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Mr. Bradley."
"This is not a trailer Bill to the fracking Bill. It is a follow-up. The local communities of southern Illinois need to make some modifications to local tax reporting and also with regards to addition of new property evaluation. I don't know of any opposition to this. It passed out of committee unanimously. I'd ask for an 'aye' vote."
"Those in favor of the Amendment will say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Please read the Bill."
"Senate Bill 2155, a Bill for an Act concerning local government. Third Reading of this Senate Bill."
"Mr. Bradley, do you have anything further?"
"I'd ask for an 'aye' vote."
"Those in favor of the Gentleman's Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please take the record. On this question, there are 104 voting 'yes', 13 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Acevedo."
"Yes. Thank you, Mr. Speaker. On House Bill 183, my button was pressed 'yes'. I'd like to be recorded as a 'present'."
"The record will reflect your intentions, Sir. On page 7 of the Calendar, under Concurrence, appears House Bill 192, Mr. Drury." 09800068.docx 167 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Thank you, Mr. Speaker. I ask that the… the House concer… concur in Amendment #2 to House Bill 192. This basically allows my local high school district to issue bonds for a 25- year period. A high school referendum was recently passed by the voters in that district, and this is just the enacting legislation that we need to do to get the fund in."
"Those in favor of the Gentleman's Motion vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Bellock, Brady, Hays, Smith, Tracy. Mr. Brady. Please take the record. On this question, there are 63 voting 'yes', 55 voting 'no'. And the House does concur with Senate Amendment #2 to House Bill 192. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1573, Mr. Jefferson. Please proceed, Sir."
"Thank you, Mr. Speaker. I move to concur with Senate Amendment 2 on House Bill 1573."
"That… would that be 1 and 2, Sir?"
"One and two."
"Could you briefly explain them?"
"Yes. It doubles the beer barrels from 15 thousand to 30 thousand."
"Those in favor of the Gentleman's Motion vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Kay, Roth. Mr. Kay. Please take the record. On this question, there are 113 voting 'yes', 5 voting 'no'. And the House does concur with Senate Amendments 1 and 2 to House Bill 1573. And this Bill, having received the Constitutional Majority, is hereby 09800068.docx 168 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 declared passed. House Bill 2720, Mr. Rita. Out of the record. House Bill 3043, David Harris, please proceed." Harris, D.: "Thank… thank you, Mr. Speaker. I move to concur with the Senate Amendments to House Bill 3043. The basic Bill that was introduced dealt with the issue of vandalism of historic sites. What the Senate did was to address an issue of uniformity of sentencing regarding the vandalism. They also took out the specificity dealing with historic sites, which I would've liked to have left in, but I understand the need to do this for uniformity of sentencing. And I ask for your 'aye' vote."
"Mr. Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, so why do we need this Bill anymore? It doesn't deal with historic sites, and it says you have to pay for any defacement that you do. Isn't that already the law?" Harris, D.: "Well, the one thing that they did leave in there was the fact that you have to pay for the defacement if there is any. And this…"
"But isn't that already the law?" Harris, D.: "Apparently not. This says if… what they put in was that they have to pay the mandatory $500 minimum, whereas, the initial Bill said you had to pay for… they made it a petty offense, and you had to pay for whatever cost it was to repair it. Because it was property damage and inconsistent with other penalties in the code, they made it consistent, but they left in the fact that you have to pay a minimum $500 fine." 09800068.docx 169 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"And would you still have to pay for any damage caused by the defacement?" Harris, D.: "As it said here… as it reads here, no. You certainly have to pay the minimum $500."
"I'm just wondering does that weaken it at all? I'm just… maybe I'm having trouble hearing you." Harris, D.: "It could… it could… I don't think it weakens it, in that it's still making a Class III or Class IV felony depending on the property damage, but there is a minimum $500 fine in it."
"And now is… and that's what, I guess, my question is, is the minimum $500 fine on top of the actual cost caused by the defacement? Because… my question is this, let me give you real life example." Harris, D.: "Right."
"A thousand dollars worth of damage to a historical site. Is it going to be $1,000 to pay for the damage and then a $500 fine or is it a $500 fine, minimum?" Harris, D.: "Right. And as example, if the damage is $1,000 and you're saying all you have to pay is $500, you're getting away easy."
"Right." Harris, D.: "However, what this does is says in addition to any other sentence that may be imposed, you have a $500 fine."
"So, the judge could still impose a sentence of making them pay back the cost for the defacement?" Harris, D.: "That is correct." 09800068.docx 170 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Okay. So, this will actually increase the penalty because you'll have at least a minimum $500 fine notwithstanding anything else the judge may do?" Harris, D.: "If… if the damage is less than $500, yes it would potentially increase it because you have a min… a $500 minimum."
"Thank you."
"Those in favor of the Gentleman's Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Sente, Tracy, Williams. Please take the record. On this question, there are 118 voting 'yes', 0 voting 'no'. And the House does concur with Senate Amendment #1 to House Bill 3043. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3104, Mr. Sosnowski. Mr. Sosnowski. Out of the record. Oh, here comes Mr. Sosnowski. House Bill 3104."
"Thank you, Mr. Speaker. Sorry for that delay. I'd move to concur."
"Can you please explain the Amendment to us, Sir?"
"Sure. Sorry, Mr. Speaker. House Bill 3104 is a product of an agreement between Nicor Gas and Illinois Commerce Commission regarding the process for filing changes to the company's depreciation schedule. This doesn’t change anything other than the requirements for that actual filing. Essentially, there's two provisions that will be modified. As part of any filing for depreciation a scheduled change the… Nicor will be required or… or other, filers will be required to submit all materials related to its request, its 09800068.docx 171 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 depreciation study, work papers, and independent auditors opinion endorsing this scheduled change, and an independent accountant's opinion. And in response for that, the ICC is going to be required to consider the application for change within 120 days. There's no impact on consumer rates. And again, this Bill only relates to the process for changes to the company's depreciation schedule. I'd ask for support and an 'aye' vote."
"Those in favor of the Gentleman's Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Bellock, Cavaletto, Unes. Mr. Cavaletto. Please take the record. On this question, there are 98 voting 'yes', 19 voting 'no', and 1 voting 'present'. And the House does concur with Senate Amendment 1 to House Bill 3104. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3349, Mr. Tryon. Mr. Tryon. Out of the record. House Bill 3390, Mr. Sims."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I move to concur in Senate Amendments 1, 2, and 3 to House Bill 3390. Senate Amendments #2 and 3 become the Bill. The Bill now makes four changes to the Workers Compensation Act. It eliminates a $35 fee that employers and employees pay to the Workers Compensation Commission when they want to appeal their case from the Commissions to the circuit court. It ends a requirement that the Commission send out informational… its informational handbook which is a six… $62 thousand savings to the Commission's budget. It also requires the Commission to obtain an interpreter for injured employees 09800068.docx 172 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 who cannot understand English and who have not brought their own interpreter when they're signing a settlement contract to the ethic commission. And finally, it makes technical changes to the portion of the Workers Compensation Act involving the appointment of arbitrators and the Commission. The Bill is supported by the Worker's Compensation Commission, IRMA, the IMA, the Chamber of Commerce. I know of no opposition. I'd be happy to answer questions."
"Those in favor of the Gentleman's Motion vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please take the record. On this question, there are 118 voting 'yes', 0 voting 'no'. And the House does concur with Senate Amendments 1, 2, and 3 to House Bill 3390. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Hays."
"Thank you, Mr. Speaker. Are you able to shed any light on whether or not a gaming Bill will be called this session?"
"I have no comment on that subject, Sir."
"We'll check back later."
"Check back with me. Senate Bills-Third Reading. Senate Bill 1659, Mr. Turner. Mr. Clerk, please place this Bill on the Order of Second Reading and read the Bill."
"Senate Bill 1659, a Bill for an Act concerning revenue. This Bill was read a second time on a previous day… was read a second time on a previous day. Amendment #1 was adopted in Committee. Floor Amendment #2, offered by Representative Turner, has been approved for consideration."
"Mr. Turner." 09800068.docx 173 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Thank you, Mr. Speaker, Members of the Body. I'd just like to adopt Floor Amendment #2. It just puts the language back in the Bill."
"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Please read the Bill."
"Senate Bill 1659, a Bill for an Act concerning revenue. Third Reading of this Senate Bill."
"Mr. Turner."
"Thank you, Mr. Speaker, Members of the Body. 1659 is a Bill that modifies the requirements in the amounts of exist… existing tax credits for businesses who hire… who hire ex- offenders. It increases the tax credit to a maximum of $1500 a year. It was previous $600 and we're trying to give businesses incentives to hire those who are just being released from prison. The ex-offender must've been hired within three years, and anyone who has been convicted of a sex crime or an attempted sex offense is not eligible. There was no opposition that I know of on the Bill. It's had minimal cost to the state. I believe it was close to $13 thousand in FY '11 according to COGFA reports. And I'd appreciate an 'aye' vote."
"Mr. Cabello."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." 09800068.docx 174 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Leader Turner, can you tell us that… it… does business absolutely have to do this if they don't wish to? Is this a mandate on them?"
"No, Sir. It's not a mandate at all. This is just an option for business… for business owners and employers and an… an opportunity for… for those being just released from prison."
"Thank you."
"Thank you."
"Can you tell us that… do you believe that there's… this can actually help a lot of people?"
"I believe that it will. For those employers who decide to take advantage of this, they will… they will benefit from the $1500 tax credit. But more importantly, for those who are recently released from prison and looking to, you know, acclimate back into the neighborhood and be a productive part of society having served their time and done their… what… what they had to do as far as their state requirements. This is a great opportunity for them as well."
"Thank you. One last question. We had… we had talked, and you're willing to do a trailer Bill to add veterans to this Bill too, correct?"
"I'll support anything like that, Sir."
"Thank you. To the Bill. Ladies and Gentlemen, I've arrested people, one individual at one time in my career ten times. This individual was actually trying to help themselves but nobody would give them the opportunity. This Bill is something that we need to look to expand. We need to start getting people back into society. There are good people that 09800068.docx 175 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 have done bad things. They've done their time, and it's time that we start looking at legislation to help them come back into society. Leader Turner, thank you for this Bill. I'd like to be added as a cosponsor. I requestfully add an 'aye' vote."
"Mr. Reboletti."
"Will the Sponsor yield?"
"Gentleman yields."
"Representative, is every ex-offender eligible for this? Are there some crimes that are… are not allowed to be recognized for the offender credit?"
"That's correct, Representative."
"And it's fair to say that in… that while some inmates are in prison that IDOC does have programs like, I think they make eye glasses in Dixon, they make furniture elsewhere, so they do come out with some skill sets that they could apply once they're back out into the communities. Is that fair to say?"
"That's very fair to say, Representative."
"I think it gives some people a chance. I know that we would like to have people go back to work, return the productivity, pay income tax, sales tax, and be able to take care of their families. So, I will be supporting the legislation, Leader."
"Thank you, Representative."
"Representative Ives."
"Thank you, Mr. Speaker… Speaker. Will the Sponsor yield?"
"Sponsor yields." 09800068.docx 176 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Could you just explain for me how this will intersect with some of the additional laws that we passed where we've done some restorative justice things, expungement of records, so… just… I'm just trying to figure out how that all works together with this?"
"Sure, Representative. We… we've passed legislation here on the floor to deal with expungements and other programs to help ex-offenders in… in our… in our jail system that's frankly busting at the seams with inmates. And as they are re-released into the community and look to become a part of society, again, a productive part of society and provide for their families, this will provide an incentive to employers to hire these people and help them get back on track as the… and when we are… they'll back in our communities and we'll have to deal with them anyway. So we're just trying to provide opportunities."
"Okay. So, if… if they are filling out an employment application and their records were expunged do the… and they don’t have to check the box as an ex-offender, do… are they still eligible for this credit or will the one year period, that you have to get the credit within one year of release from prison, does that mean then they don't get the credit?"
"So, for… the… the current legislation is that the requirement is one year. This will move it to ex-offenders must have been hired within three years of… of being released and for a lot of mental… for a lot of our expungement processes and things like that… hold on one second, Representative."
"Okay." 09800068.docx 177 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"In most expungement proceedings, you have to wait for a period of time before being able to apply for it… that expungement. And if they pass the three year threshold, in this case, they wouldn't be eligible."
"Okay. Thank you."
"You're welcome."
"Mr. Sacia."
"Thank you, Mr. Speaker. Sponsor yield?"
"Gentleman yields."
"Representative Turner, I not only stand in strong, strong support of your Bill, I'd like to be added as a cosponsor as well. And I… Representative Cabello has came to me and asked if I would support your legislation and I hadn't read it yet, so I asked if I could. And I was tremendously impressed with the fact that you are so reaching out to a community that desperately needs an opportunity. And it really does give an employer, like myself or someone else, a way of maybe making it a little bit easier to make that decision for them. I think it would… I guess where I'm going with this, Representative, is I know a young man right now who is in IDOC, good person, real good person. I'd hire him in a heartbeat whether or not there was a tax break or not. But the fact is, as has been so well articulated so well on the floor, these folks need a second chance. This is our opportunity to give it to them. And I applaud you for bringing it forward. Thank you."
"Thank you, Representative."
"Mr. Moffitt."
"Will the Sponsor yield?"
"Sponsor yields." 09800068.docx 178 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Representative, there's been a tendency… we’ve had legislation introduced on some other issues to give a tax credit and usually the comment or the position taken by those in a position to decide whether or not it advances is it… well that… that… we can't afford to lose the revenue, that that's a cost to the state. Can you see where this would actually save the state money?"
"The… the cost for the implementation of this program… the program has been in… in use and available for years and it's been minimal to the state. We're talking about $10 thousand on average to the state. And we're trying to get people to use this program more because of the benefits that come from it. This is a very depressed group of citizens who have… who have had trouble in the past with finding employment, with becoming productive parts of… of society again, having paid their debt to society and… and served time in our systems already. So, this is a good Bill, not only for my community, but for the State of Illinois and for all of those who are… are trying to… you end up saving money and recidivism as far as how… how much it costs to keep these people in jail. If you get them working again, you give them jobs where they can provide for their families, they don't have to commit crimes, then we're saving the state money."
"All right. So, actually if you reduce recidivism, you actually are going to save the taxpayer money rather than cost the state, right?"
"Absolutely. Absolutely."
"Right. So, I mean, in that respect, this could be very cost effective?" 09800068.docx 179 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Yes, Sir. Yes, Sir."
"And prior speaker, you touched on it, and I believe you've committed to also working to have tax incentive for hiring veterans too, separate from this issue, but same concept in terms of an incentive?"
"Yes, Sir. Another very, very important part of our society as well, veterans and all that they do for us."
"The question was also just raised, I believe we have had legislation to seal records of certain… records of certain prior convictions. And if they're sealed, that really… there'd be no way for an employer to know if they were even had a record, is that correct?"
"Yes. But that wouldn't necessarily pertain to this Bill, Sir. This is… in… in those situations, they would've already passed the time limit that you would have had to hire."
"So, there'd clearly be the record there and it would be obvious to any…"
"Yes, Sir. Yes."
"…potential employer?"
"Yes. Yes, Sir."
"Okay. Well, thank you for your efforts. I appreciate your response."
"Thank you very much, Representative."
"Mr. Davis." Davis, W.: "Thank you very much, Mr. Speaker. To the Bill. Certainly, I want to commend Representative Turner on what he's attempting to do. And just to kind of continue on the last speaker's comments, there's nothing wrong with doing this, Ladies and Gentlemen. We pass tax breaks all the time. 09800068.docx 180 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 If we can tax… okay. All right. If we can pass one for Sears and the Chicago Mercantile Exchange, a tax break for them, then why can't we offer a tax break to employers who want to hire an ex-offender? Why is that such a bad thing? Many of you here run on the platform of being tough on crime and that's fantastic that you can be tough on crime. But if the individual has committed the crime, they've been sentenced to the crime, they served time for the crime, they have paid their debts. So, what are you being tough on? You're being tough on keeping your foot on their neck? Is that what you're being tough on? There… there is nothing wrong with this. Nothing wrong with this. So, I would encourage everyone to vote 'yes'. Is that… is that better? Okay. Thank you very much, Mr. Speaker."
"Mr. Ford."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative Turner, I want to thank you for bringing restorative justice to the House Floor. And I want to ask you, did you're father encourage you to do this?"
"No, but this is something that he would definitely get behind had he… had he been here serving. This is an initiative of Rep… Senator Van Pelt and myself, as well as a host of others who have chimed in on why this legislation is important, so…"
"Well, thank you. And to the Bill. I just want to say thank you to the other side for speaking in favor of su… of a Bill like this. I think it's the sign of… of times where we come together on a note where we provide second chances for people 09800068.docx 181 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 that need it. So, I want to thank all of the people on the right for standing up for Leader Turner. And I think this is the type of Bill that will take people off of the dependency of the state and put them on the tax roll to pay taxes so that the state can close its deficit and put more people to work. So, congratulations, Leader Turner."
"Mr. Tryon."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Last year, when the Governor proposed…"
"Mr. Tryon."
"Yes."
"Can I ask you to hold off a second? Ladies and Gentlemen, could we hold down the noise level. If you have private conversations, please retire to the rear of the chamber. Please proceed, Sir."
"Last year, when the Governor proposed that we close facilities around the state, two of those facilities were adult transition centers that were put in place to provide a mechanism to trans… transition somebody from prison into the working environment. As a member of COGFA, we traveled around to these areas that use these people in their places of business and to every testimony that we ever heard from any of the business owners, they testified about what a tremendous program the adult transition centers provided and the quality of workers that they got from people who had already gone through the… the training system. I think this is a good incentive to get employers to be able to look at putting somebody back into the work system that needs a chance and an opportunity and who has served their time and from our 09800068.docx 182 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 experience and what we heard in COGFA, this has worked very well. And I support your barrel… Bill, Representative Turner and would urge an 'aye' vote."
"Mr. Turner to close."
"Thank you, Mr. Speaker, Members of the Body. I'd just like to thank everyone who helped, you know, secure support for this legislation on… on both sides of the aisle. You guys have been great and great… great to work with. And I think this is a great show of bipartisanship and a good piece of legislation for the entire state. I ask for an 'aye' vote."
"Those in favor of the Gentleman's Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Bost. Please take the record. On this question, there are 91 voting 'yes', 27 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3349, under Concurrence, Mr. Tryon."
"Thank you, Mr. Speaker, Members of the House. House Amendments 2, 3, and 5 still contain the original language that we sent to the Senate which set up a… an extended period of time for somebody who is a dry cleaner to pay and… and renew their dry cleaning trust fund insurances. They also have issues in the Senate that they've heard from their dry cleaning and there were several Bills there to address different problems with the dry cleaning trust fund. And it was decided and agreed upon by the members of the trust… members of the board of the trust fund as well as some of the Senate Members to have a task force added to this Bill to look at a whole host of issues and that's what this Amendment 09800068.docx 183 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 did. And I would urge that… make a Motion to Concur and urge an 'aye' vote."
"Those in favor of the Gentleman's Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Gordon. Please take the record. On this question, there are 118 voting 'yes', 0 voting 'no'. And the House does concur with Senate Amendments 2, 3, and 5 to House Bill 3349. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 8 of the Calendar is House Bill 2720, Mr. Rita."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move to concur in Senate Amendments #1 and 2 to… just a technical provision for IDOT and the county engineers to… for the appraisal and an appraisal work. It's an agreed piece of legislation. I ask for an 'aye' vote."
"Those in favor of the Gentleman's Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please take the record. On this question, there are 117 voting 'yes', 1 voting 'no'. And the House does concur with Senate Amendments 1 and 2 to House Bill 2720. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2721, Mr. Rita. Please proceed, Sir."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move to concur in Senate Amendment #1. Again, this is another technical change for the Court Reporters Licensure Act, puts a certificate in with… for circuit courts. It's 09800068.docx 184 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 agreed legislation. The… the Senate Amendment is agreed to. I'd ask for a favorable vote."
"Mr. Reboletti."
"The Sponsor yield?"
"Sponsor yields."
"Representative, you didn't have a press conference on this Bill did you?"
"I was thinking about it."
"I'd like join you after we pass this. Thank you."
"Those in favor of the Gentleman's Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please take the record. On this question, there are 118 voting 'yes', 0 voting 'no'. And the House does concur with Senate Amendment #1 to House Bill 2721. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, please tell us the status on Senate Bill 1006."
Clerk Hollman: "Senate Bill 1006 was read a second time previously. No Committee Amendments. Floor Amendments 1 and 2 have been adopted previously. No further Amendments. No Motions are filed."
"Third Reading. Please read the Bill for a third time."
"Senate Bill 1006, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill."
"Mr. Drury."
"Thank you, Mr. Speaker. Senate Bill 1006 amends the Juvenile Court Act of 1987 and the Code of Criminal Procedure of 1963. Specifically, it deals with a procedural rule 09800068.docx 185 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 regarding the list of offenses for which law enforcement must electronically record custodial interrogations in order to avoid an evidentiary presumption. To address concerns that have been raised by law enforcement, the list offenses is rolled out over a period of three years beginning in June of 2014 and ending in June of 2016. The statute also cures a loophole in the… the current procedural rule that right now does not always allow for the recording of an entire interview, but this would currently allow this. The procedural rule has many exceptions including the recording would not be required if it's not feasible. And I'd like to point out that Illinois was the first state to require electronic recording of interviews, but since that time, 17 other states have adopted rules that are more expansive than the rule that Illinois currently has. Why do we want to do this? There are long term cost savings associated with this. There will be less false accusations by suspects of police officers, which will allow the police officers to do their jobs. There will be faster plea agreements in court, which will free up time in our court system. There will be fewer wrongfully incarcerated individuals. At last count, wrongfully convicted individuals have spent 721 years in prison at a cost to the State of Illinois of over $10 million. And there will be fewer lawsuits brought by people who have been wrongfully convicted. And currently, the cost to municipalities in the state has been over $300 million. Many local jurisdictions have already taken on this task of recording more than is required by the statute including the Naperville Police Department, Chatham Police Department, the 09800068.docx 186 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 Knox County Sheriff, the East St. Louis Police Department, and several others. And I know of no opposition to the Bill. The Cook County State's Attorney is a proponent and helped work on the Bill with us as well as the Illinois State's Attorney Association. I ask for a… I ask that the Body concur."
"Mr. Sacia."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative Drury, I know that this Bill and… and a couple others have been somewhat of a passion of yours this year. And I'd like the Body to know I… I stand in strong opposition, not to the concept, Ladies and Gentlemen. I certainly believe in the concept of having recordings done on felonious crimes whenever possible. I have in front of me a letter received today by me from Hiram Grau, the Director of the Illinois State Police. And if you would allow me, Mr. Speaker, I'd like to share a brief part of it. Under current law, law enforcement is only required to record custodial interrogations for homicide and/or aggravated DUI where the DUI was the proximate cause of death of another person. Many of the cameras purchased, and this is the most important part, Ladies and Gentlemen, when the law was originally enacted, have reached their life expectancy. It should also be noted those cameras do not utilize modern digital technology. While auto… audio recording is permissive, it has been our experience that video recording is preferred. In order for the Illinois State Police to efficiently and effectively implement this mandate, ISP would need to purchase new cameras 09800068.docx 187 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 for our interview rooms. The ISP has seven investigative zones. It would be ideal, and again, I think it points out, Ladies and Gentlemen, that even Hiram Grau agrees it would be ideal to have at least four interview rooms per investigative zone. The ISP would estimate to equip interview rooms with new cameras, both equipment and installation, would cost at least $1,000 each. Additionally, the ISP would want to purchase at least 10 portable cameras per zone for use by our agents if the interview is being conducted at a city, county police station. Portable cameras may average at least $250 each. It should be noted there would be costs associated with yearly maintenance. And Director Grau points out that it would cost 55,500 to start up and 15,000 a year maintenance. Ladies and Gentlemen of the House, this is an extremely important Bill. I… I truly ask for your attention. Law enforcement always wants to do the right thing, and I hang my hat on that, Ladies and Gentlemen. Your professional law enforcement officers want to do the correct thing. We had Commander Joseph Salemme, from the Chicago Police Department, testify in committee. And he invited all of us on the committee to come down to area two detectives and see what they deal with. They're not opposed to this concept, not at all. But please, Ladies and Gentlemen, listen to this. I am often at odds with the City of Chicago, and I know that they've gone neutral on this Bill. But I'm here to tell you folks, the rank and file troopers, the commanders, the people that work the street recognize the albatross that we are trying to mandate for them. The City of Chicago, Ladies and Gentlemen, the entire city, according to Commander Salemme has 135 interview rooms 09800068.docx 188 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 in the entire city, a city of 3,000,000 people. There are 20… 20, Ladies and Gentlemen, in the city with interview equipment, recording equipment. When I was there two weeks ago, Monday, eight… please, Ladies and Gentlemen, listen to this. Eight of those 20 rooms had working recording equipment. Representative Drury's Bill would work well in a Barrington or a Mayberry or a smaller community. The day… the day I visited area two detectives… Ladies and Gentlemen, please give me your attention. This is so important to the entire state. The day I visited, the Monday I was there, the night before, Ladies and Gentlemen, that district alone, five, I repeat, five homicides, numerous other felonious crimes. The police officers in the City of Chicago, especially some of the tougher areas, no one in law enforcement wants a lawsuit. Do you think these guys want to do something other than do it right? They advise the people of their Miranda warnings. They properly show a lineup. They interview the men and women that are brought before them in a highly, highly professional manner. Ladies and Gentlemen, Representative Drury's concept is not a bad concept. From a practical standpoint it really will not stand muster. One of the things that the commander did, along with one of his lieutenants and a chief, they took me in to their technology room. Please go down there and visit it, Ladies and Gentlemen. You're welcome anytime. I know you're as welcome as I was. They took me into their technology room that he mentioned the figure of $5 million to put together and that was six or seven years ago. That room today is almost, I won't say virtually, but it is almost useless. The company that put in the technology is no longer in 09800068.docx 189 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 business. They're taking parts out of one recording device to keep another one working. Don't put this encumbrancy on law enforcement, Ladies and Gentlemen. It is too much of an encumbrance. Allow your professionals to do the job that they work so hard to earn their pay to do it right. This is a Bill whose time has not come. It is something that would be a huge, huge financial obstacle to law enforcement. And again, I commend the Gentleman's concept, but Ladies and Gentlemen, you know, one of the things the Gentleman said, and this is a quote, 'It'll force police to do their job'. Come on. Really? Nobody could be trying harder than the detectives of the Chicago Police Department to do their job, as with the Illinois State Police, the Barrington City Police, Elmhurst Police, whatever law enforcement agency in this state wants to do it right. We don't need to, as state lawmakers, try to shove something down their throat that is just too hard at… to come together all in one time. Again, the concept is good, the mandate is a… is a bridge way too far. Thank you, Mr. Speaker and Ladies and Gentlemen."
"Mr. Durkin."
"Will the Sponsor yield?"
"Sponsor yields."
"Representative, yesterday we went through a lot of questions in committee, and unfortunately, a lot of us were cut off because of the time constraints. So, I want to go over some of the questions I had yesterday. Mainly, we are now speaking… we are now stating that any recorded statement, unless a… an admission or some type of statement which could 09800068.docx 190 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 be incriminating, is… there is a presumption of inadmissibility, correct?"
"I'm sorry. Could you repeat the question, Representative?"
"This Bill is… what it states is that if there is a confession or some type of incriminating statement by a minor that if it is not recorded, there is a presumption of inadmissibility, correct?"
"That… that's not entirely correct, Representative."
"Well, then correct me."
"There… currently… as the statute currently exists for homicide cases, if a recording isn’t made, there's a presumption of inadmissibility. In June of 2014, that presumption will also apply to predatory criminals, sexual assault of minors, and aggravated arsons. In June of 2015, it would apply to aggravated kidnappings, aggravated car jackings, and home invasions. And in June of 2016, it would apply to aggravated assault with a firearm, armed robbery, and aggravated criminal sexual assault. And…"
"All right. Where was I incorrect? You said I was not entirely correct. Explain to me where I was inaccurate?"
"You had said a juvenile who comes on any interrogation. This is just specifically limited to eight felonies, and that was the agreement that we reached working with… cooperatively with the State's Attorneys Association, the State's Attorney's Office in Chicago."
"Is this presumption… can you… is this presumption rebuttable?"
"Yeah. There's several exceptions that the… the prosecutors can come forward with which would show that the… the statement 09800068.docx 191 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 can still come into evidence. And one, to address Mr. Sacia's concerns, is feasibility. If… if the equipment isn't there and it's not feasible, then this doesn't apply and that's why this is not a mandate. This is a procedural rule. We're not requiring anything. We're mer…"
"There's no definition of feasibility, I looked in the statute in which your counsel to your… behind you referred to. I need to get some further elaboration on what feasibility means. There are municipalities… this… all right. Let me back up again. This is going to apply to every… every police department in the State of Illinois at, obviously, the ISP, at the county level also, at the local government level, correct?"
"Yes. And they're all neutral on it."
"Of course they are. And… so, I need to know more about what… if this… if the equipment is… there is this infeasibility is. I need clarification on that, because I took the liberty of… of jeopardizing the statute and I found no case law on what that means. So, I need some examples."
"The… the courts will define feasibility. The reason, I believe, that you haven't found it is because with the statute as it exists, the prosecutors haven't had to raise this case beca… this issue because it doesn't come up that much because…"
"Well…"
"…the sy… the system works. And so, I have the… the upmost respect for the… the judges in our state and I'm absolutely confident that they will be able to define feasibility." 09800068.docx 192 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Well, okay. I read… I brought this up the other day. The Village of Dalton is on verge of bankruptcy, they can't pay their bills. And if they cannot afford to pay this equipment, would this be… would this fall under your understanding of infeasible?"
"I'm sorry. Can you repeat that?"
"A municipality that is on the verge of bankruptcy, they cannot afford to take on any new equipment. Would that be… fall under the exception?"
"If it wasn’t feasible for them to obtain the equipment, to have any recording devices, this isn't just video, it's electronic recording. If they could establish that it wasn’t feasible for them to have any recording device, yes, they could… they could use that exception."
"Well, how would the prosecution establish that is no longer feasible? Would they have to bring in their municipal accountants to show the balance sheets that they are no longer on… on annual basis, whether it's their audit to show they could no longer afford this type of equipment?"
"I… I would leave that up to the… the individual prosecutors and State's Attorneys to make the decision of what evidence they need to present. We have very experienced State's Attorneys in this state, and they can determine what evidence they need to make their case."
"Well, I was one of those prosecutors at 26 in California for a long time, and I had a lot of these cases, and we have to live and die by how matters are defined, and also by legislative intent if there's no case law. So, right now, would you say that if a… right now, in Illinois, if a 09800068.docx 193 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 municipality wants to declare bankruptcy, it requires an act of the Legislature. Would that also give us guidance or would it help the… would you agree, would that would be a matter of… that would fall under that it's no longer feasible standard?"
"I… I think that… that I've already answered that question. And the statute, Mr. Durkin or Representative Durkin, I should say, has been in place since 2005. So, we're not changing the definition of 'feasibility', we're not adding to it. This is a statute that currently exists."
"Well, I'm not concerned…"
"All we're doing…"
"…about what happened in 2005. I have the right to ask you this question about a Bill that you're trying to pass right now."
"And… and what I'm telling you, Mr… Representative Durkin, is we're not chan… this language has existed since 2005, we're not changing that."
"All right."
"This is in place."
"All right. What is the age… what is the age group, we're talking only minors will be affected by this, so we're talking 16 and below, correct?"
"I believe the statute says 17 and below, but if the law we pass out of this House, changes it to 18, I think we would come back and change that as well."
"What's the lowest age in which a juvenile can be brought in and be found delinquent or be brought… have criminal charges brought against them?" 09800068.docx 194 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"That would depend on the offense, but the 13 would be for cer… 13 years of would be for certain offenses."
"Okay. And the only way we get to this issue is that if a minor has waved their Miranda Rights and will… have allowed for a… some type of statement to be made, correct?"
"Right. If the… the person has been brought in and it's a custodial interrogation, this is all premised on the person on being in custody. So, if it's a custodial interrogation then there should be Miranda Rights. Absolutely."
"But of course, there would… they would be Mirandized, and they would have to waive their Miranda rights, correct?"
"They… this doesn't change Miranda at all."
"No, but let me ask you this. Can a 13-year-old voluntarily waive Miranda and… voluntarily, knowingly, intelligently waive Miranda and make a statement or confession? We do it, that's what prosecutors and law enforcement officers do."
"Representative Durkin, this… this doesn't change existing juvenile protections. And so, if there's protections for juveniles regarding their Miranda rights, those would still be in place. We're not touching that."
"I'm not sure what they are. Could you elaborate on those?"
"At this point, the… the statute is there, but this doesn't change Miranda at all."
"So, I guess what we're saying is that we believe that 13 and 14-year-olds can knowingly, intelligently waive the Miranda rights and then take these recorded statements. All right. I… I'll… again, you know what, Representative Sacia 09800068.docx 195 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 made a very good point. Law enforcement officers want to do the best. They're not looking for convictions, they are looking to find the truth and to bring solutions to the crimes and the problems they have in their… their districts. I do believe that there's a cost issue involved with this. I wish there was a way we could get around it. And I… I'll wait to hear the other people have questions, but I'm still concerned with the application of this Bill."
"Mr. Reboletti."
"I thought Mr. Zalewski would speak next, Mr. Speaker, but will the Sponsor yield?"
"Sponsor yields."
"Representative, how were these particular crimes chosen compared to some of the other aggravated felonies that we have on our books?"
"Six of these felonies came… my understanding, just came directly from the Cook County State's Attorney, herself, or very high up in that organization, and then two… two additional ones were… were added which were aggravated arson and aggravated kidnapping. And the thought behind these were that these are… these are very violent felonies that would be good and manageable."
"When you say manageable, is that based on looking at every State's Attorneys' office across the state? I've been to some State's Attorneys' offices throughout the state that the State's Attorney, he or she, is basically the only prosecutor in the office. Don't you think that if this was put forth into these smaller counties, where you only have a population of 10 or 15 thousand, that there won't be able to 09800068.docx 196 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 comply with the statute and, actually, instead of having a good investigation, they'll actually lose evidence and then lose the case?"
"I actually would take issue with that because the list of jurisdictions that we have, that are currently recordings, in some cases all major felonies are more at the… the smaller places: the Cahokia Police Department, Caseyville Police Department, Chatham Police Department, East Moline Police Department, East St. Louis Police Department, Edwardsville Police Department, Fairview Heights, Galena, the Kankakee Sheriff, the Kankakee Police Department. So, what the evidence shows, actually, is that in the smaller jurisdictions that they are already… already doing this. And so, I believe we've taken the concerns of the entire state in… into consideration when… when coming up with these eight specific felonies."
"How… how about the Elwood Police Department, 'cause you and I've had this conversation in committee. When I was investigating an infanticide case, which is not one of these named crimes here. However, I had to come from Elmhurst to go to Elwood, very small town. The only person available was the police chief. who I believe was the only full-time police officer because everyone else was part-time officer, and they did not even have any of this type of equipment. Wouldn't… do you see what my position is, Representative? That this small town barely has enough money to keep police on the street in a part-time capacity, now you're going to require them to get cameras, have an interrogation room. And aren't we going to 09800068.docx 197 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 be losing valuable time and evidence if you're forcing the smaller departments and State's Attorneys to deal with this?"
"I… I don't agree with that because the statute, as we've discussed, has a infeasibility exception in it which would deal with the Elwood situation you just described."
"And you and I've also had a conversation regarding permissive recordings, audio and video recordings, and you don't support that premise, is that fair to say?"
"No, I don't think that's fair to say."
"And I think the words you used was that when I had a conversation with you in committee, you told me there actually would be more wrongful convictions if we allowed law enforcement the ability to permissively record all felony cases. You thought there would actually be more wrongful convictions. How could that be so, Representative, when you'd have more people recording more things? And I brought this to your attention when my State's Attorney said, in DuPage County, that they'd basically record everything if they could, and smaller counties could then deal with what they have based on their resources. Why would you think there's more wrongful convictions allowing law enforcement to have more of an opportunity than less of an opportunity?"
"I don't recall making that specific statement, Representative. But what I would say is that the concern is we want to have recordings in… in specific situations, and that's what the State's Attorney has selected. What was happening was that the statutes of 'just permissive' was being ruled out as being the resolution to this issue and it… and it wasn't. We wanted to make sure that we got a full 09800068.docx 198 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 Resolution. So, what this statute does is actually incorporates both ideas. It allows there to be recordings of the eight felonies we've discussed, and it also allows to keep the cameras rolling for other felonies. So, this takes in… this is the best of both worlds and I think that's why the State's Attorneys Association is on board with this. Everyone else is neutral and at… the Cook County State's Attorney is a proponent of that. I think that's exactly why because we built a very good statute based on all the committee and based on the suggestions that came from you, came from Representative Sacia, Representative Cabello, and due to all the hard work and good questions that each of you asked, we came up with this really great statute."
"I'm trying to figure out… my understanding was the City of Chicago, all the way up until maybe a couple of hours ago, were opponents. What has changed in the Bill that made them neutral? Are you aware, or have any information with respect to that?"
"I… I'm sorry, I didn't hear the first part of that question?"
"My question to you, Representative, is that it was my understanding that the City of Chicago has been a strong opponent of this legislation, I believe it was because of the cost and the lack of resources as Representative Sacia so eloquently stated here. And it seems, within the last few hours or sometime today, they became neutral. Do you know why? What changed in their analysis that made them go neutral? Because that's a pretty, I… I think, a pretty large shift in their thought process." 09800068.docx 199 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"I… I'm not privy to their internal discussions. I do know that they went neutral and I… I think that that's a significant fact, that whatever their internal discussions were, they realized that this is a Bill that they should not be opposing."
"Mr. Speaker, to the Bill. Ladies and Gentlemen, normally I would stand here in front of you telling you this was a good idea. The problem is if you don't fund this, then I believe we'll actually have less evidence, which will lead to less convictions in these very serious aggravated felonies. When we look at the costs for small communities, we are… there are no way that they can afford this and they may have to cut a police officer or cut some other type of law enforcement expenditure to do this. In smaller counties, they may have to drive two or three counties over to… to now videotape this custodial interrogation, now losing valuable time with a suspect, the defendant, might be more willing to talk. So, while we think this may be a solution, I would ask the Body to carefully review this, because the last thing we want to do is lose opportunities to put those who are truly guilty behind bars for these aggravated crimes. I think this measure falls seriously short of this predicament in that I'm surprised, unfortunately, that the law enforcement here is neutral. I would've supposed that if… that they should be opposed based on the costs, and this is pretty broad… a pretty broad stroke in tough times here in the State of Illinois. Mr. Speaker, if this Bill were to receive the requisite amount of votes, I would ask for a verification." 09800068.docx 200 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Your request is acknowledged. Representative Kelly Burke. Representative Kelly Burke. Your light was on to speak. You wish not to speak? Mr. Sandack."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"The Sponsor yields."
"Representative, I noticed that there were three proponents: the Cook County State's Attorney, the Illinois State's Attorney and the Illinois State Bar Association. Were any other State's Attorneys asked to opine on your Bill?"
"My… from… we… we worked with the Illinois State's Attorneys Association, and my discussions with them was that they are the representative body of the State's Attorneys as… as a whole."
"We often hear from… I'm from DuPage, and the DuPage State's Attorney usually chimes in something if he supports something. Did you call Bob Berlin or anyone from the DuPage State's Attorney's Office?"
"I did not make a personal phone call. Like I said, I… I dealt with the Association and it was my understand, speaking with their representative, that they have a weekly conference call on Fridays and that everyone was very… very aware of what was happening with all these discussions. And certainly, I was open and available to speak with anyone about this very important piece of legislation."
"Did you hear from the Will County State's Attorney?"
"The Will County State's Attorney did not reach out to me."
"Lake County?" 09800068.docx 201 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"I actually reached out to the Lake County State's Attorney on numerous occasions and didn't receive a phone call back."
"You're from Lake County, right?"
"Absolutely."
"Okay. And you were unable to get any kind of verification, confirmation from your State's Attorney?"
"Like I said, I reached out to them and didn't receive a phone call back. There wasn't much more I could do."
"Okay. How about the Fraternal Order of Police from Chicago? Do you know where they are on this Bill?"
"They're neutral, Sir."
"They're neutral? 'Cause I have neutral the Illinois Sheriff's Association and the City of Chicago. So, FOP's neutral. Is there anyone else neutral?"
"The City of Chicago's neutral. The Illinois State Police are neutral. And I believe you said the sheriff was neutral."
"And… and as to the State Police, Representative Sacia had some commentary about the Fiscal Impact Note which indicated that the State Police advises us to efficiently and effectively implement this mandate, ISP would need to purchase new canvas for the interview rooms. Did you see that, Sir?"
"I… I heard what Mr. Sacia said and I've seen… I've seen a note that was filed, yes."
"To the Bill, Mr. Speaker. My previous colleagues that spoke on this, I think, did it very eloquently. This is a well-intended Bill whose time, to quote a smart Gentleman here, has not yet come. This is a mandate. This is an expectation that is unattainable. I'd ask people from Lake 09800068.docx 202 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 County, Will County, DuPage County, heck, every county except from for the City of Chicago, and I'll get to the city in a second, to vote 'no' on this. And with respect to the City of Chicago, it's pretty clear that they're neutral. I think they're neutral for a reason. The reason is they don't want to be perceived as interfering with this Bill, but everyone that knows, most of the Chicago police are professional and intend to do the right thing. I'm going to ask that you vote 'no'. Thank you much, Mr. Speaker."
"Mr. Zalewski."
"Thank you, Mr. Speaker. To the Bill. And… and one of the previous speakers was absolutely correct and I have a great deal of respect for him. This is probably one of the most important Bills we'll do this Session and I don't say it lightly. And… and the concerns of the… of the numerous speakers before me are… are certainly well taken, but it's important to remember a couple of things about this Bill. This is a very narrowly drafted Bill. It is… it is well considered, given the con… the constrictions placed upon local governments, what we're asking them to do with respect to these types of interrogations. The roll-out is well thought out, given what we're asking the police departments to do in the next year or so. Closing of the loophole for extemporaneous confessions is a major, major policy achievement for this Body, were it to be enacted. Law enforcement has said to us that they are interrogating a murder… a murder… I'm losing my mind. If there's someone who's accused of murder, they… and they make a subsequent confession, that should be admissible. Right now, that's a 09800068.docx 203 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 gaping hole in our Criminal Code. The Gentleman's Bill fixes that gap. So, there are very good concerns brought up about this Bill but given the time that the Gentleman's put into the Bill, given the time that the Cook County State's Attorney has put into this Bill, it is a very significant policy achievement for us to reasonably and narrowly give law enforcement and defendants an added piece of the criminal justice puzzle. And I urge an 'aye' vote."
"Mr. Mitchell." Mitchell, C.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." Mitchell, C.: "So, Representative, there's been a lot of questions on this Bill as it relates to… to cos, but I'd imagine that we also pay a pretty high tab for wrongful convictions. Do you think that this Bill would essentially be helpful in that… in alleviating that process?"
"I absolutely do, Representative." Mitchell, C.: "And I know that you've… you've done a few things with prosecution in your life. Could you speak a bit for the Body to the process of how exactly you think videotaping of some of these crimes might be helpful in… in terms of… of alleviating some wrongful convictions?"
"So, I… I think what… what recording these interrogations does, it protects both law enforcement and it protects people from being wrongfully convicted. On the law enforcement side, and I… and I would see this all the time and I would think my fellow prosecutors would see this all the time as well, is people come in and accuse the law enforcement officer of doing something wrong. He beat me, he… he tripped me, he punched 09800068.docx 204 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 me, he coerced me. When there's a recording, that goes away, and so now the law enforcement officers actually have more time to do their job. In the instances, though, when someone does something wrong, they're going to be deterred from doing that because it's on tape. And so, we're not going to have those situations where someone is… is being beat up, someone is being electrocuted, someone is… is being tortured in some horrific way that we've been reading in stories throughout the state for… for the last couple of years. And so, what this Bill will do is protect law enforcement and protect potential victims. It's a win/win for law enforce… it's a win/win for justice." Mitchell, C.: "Thank you, Representative. To the Bill. This is a… I understand their concerns about funding, concerns about this being an unfunded mandate. But the bottom line is that the Better… Better Government Association did a study, I want to say in 2011, that found that wrongful convictions costs us around $215 million in this state. Anything that can help to potentially protect that wrong and also make sure that we don’t have people suffering in prison for crimes they didn't commit is something that will save us money in the long term. I urge an 'aye' vote."
"Mr. Drury to close."
"Thank you, Mr. Speaker. First, I… I want to acknowledge that, you know, all of the questions and debate on this, I… I take those… those questions and the debate very, very seriously. I have the utmost respect for law enforcement. I've worked with law enforcement. I have the utmost respect for Representative Sacia. This Bill is good for law 09800068.docx 205 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 enforcement and this Bill is good for… is good for justice because it is going to protect law enforcement and it's going to protect potential victims. This is not a mandate. This is a procedural rule that talks about when evidence can come in and when evidence can't come in and there's plenty of exceptions to deal with… with the various situations. The proponents of this are the State's Attorneys Association who represent all of the State's Attorneys. So, I don't think it's fair to say that we didn't reach out to the State's Attorneys. I called my own State's Attorney in my county, I didn't hear back. The Cook County State's Attorney was instrumental in… in bringing this Bill forward and having it agreed on. What we need to focus on are what… what the facts are here. The Illinois State Police are neutral on this. Despite anything we've heard, they are neutral on this Bill. The FOP Lodge is neutral on this Bill. The City of Chicago is neutral on this Bill. This is a really great Bill. This will be a great day for Illinois when we can say that we fought for justice, we fought to bring better cases and keep the good cases good and get convictions. This is good for that, and it's a good day to stop wrongful convictions. I strongly ask for your 'aye' vote."
"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? A reminder, Mr. Reboletti has asked for a verification. Have all voted who wish? Have all voted who wish? Please record yourselves, Members. Davis, Jones, Reis, Smith, Thapedi, Turner, Unes. Mr. Thapedi. Mr. Unes. Mr. Clerk, please take the record. On this question, there are 66 voting 'yes', 50 09800068.docx 206 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 voting 'no'. And this Bill, having received the Constitutional… excuse me. Mr. Reboletti, do you persist in your verification? Mr. Clerk, call the affirmative."
"A poll of those voting the affirmative: Acevedo. Arroyo. Berrios. Bradley. Dan Burke. Kelly Burke. Cassidy. Chapa LaVia. Conroy. Crespo. Currie. D'Amico. Monique Davis. Will Davis. DeLuca. Drury. Dunkin. Evans. Farnham. Feigenholtz…"
Speaker Lang: "Mr. Clerk, will you suspend? Mr. Reboletti withdraws his verification request. On this Bill, there are 66 voting 'yes', 50 voting 'no'. This Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 1409, Representative Lilly. Please read the Bill, Mr. Clerk."
"Senate Bill 1409, the Bill's been read a second time previously. Amendment #1 was adopted in committee. Floor Amendments 3 and 4 have been approved for consideration. Floor Amendment #3 is offered by Representative Lilly."
"Representative Lilly."
"Thank you, Mr. Speaker, Ladies and Gentlemen. I move to adopt Floor Amendment 3 and 4."
"Please explain Amendment 3, Representative."
"Thank you. They are technical changes, changing… taking out the authorities quick claim power."
"Those in favor of the Ladies Amendment will say 'yes'; opposed 'no'. The 'ayes' have it. The Amendment is adopted. Mr. Clerk."
"Floor Amendment #4, offered by Representative Lilly." 09800068.docx 207 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Representative Lilly."
"Thank you, Ladies and Gentlemen. I rise to present Senate Bill 1409…"
"Representative, Amendment 4."
"Thank you. I move to adopt Floor Amendment #4."
"And what does it do?"
"It will… it's a technical change, as well, which deals with…"
"Good enough. Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it, and the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Please call the Bill… read the Bill for a third time."
"Senate Bill 1409, a Bill for an Act concerning local government. Third Reading of this Senate Bill."
"Representative Lilly, on the Bill."
"Thank you. I rise to present SB1409, which establishes Elmwood Park Railroad Relocation Authority Act for safety reasons. If there's no questions, I ask for an 'aye' vote."
"Lady's moved for the passage of the Bill. The Chair recognizes Mr. McAuliffe."
"Thank you, Mr. Speaker. Will the Lady yield?"
"The Lady yields."
"Representative, we talked about this Bill before and there may be a trailer Bill that'd be coming down the road. Are you aware of that?"
"Yes." 09800068.docx 208 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Okay. Thank you. To the Bill. Mr. Speaker, I think this Bill is well-intentioned. The National Transportation Safety Board's in favor of this, and if there… I would ask everyone to support this Bill. And if a trailer Bill would be required down the road, I'd be happy to work with the Representative with it. Thank you."
"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please record yourselves, Members. Please record yourselves, Members. Davis. Walsh. Monique Davis. Please take the record. On this question, there are 73 voting 'yes', 45 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Rules report."
Clerk Bolin: "Representative Currie, Chairperson from the Committee on Rules reports the following committee action taken on May 31, 2013: recommends be adopted motion to concur with Senate Amendment #1 to House Bill 1189."
"Representative Willis."
"Thank you, Mr. Speaker. I rise for a point of personal privilege, please."
"Please proceed."
"I just noticed on the news… I'd ask the Body to please rise for a moment of silence. I was… just saw on the news that four Houston firefighters were killed in a major five- alarm fire. In addition, there were five firefighters that are being treated for injuries. So, I ask for a moment of silence from the House, please." 09800068.docx 209 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Thank you. House Bill 2330, Mr. Clerk. It's on the Order of Postponed Consideration. Mr. Ford."
"Thank you, Mr. Speaker and Members of the House. Thank you for allowing me to bring this Bill back. This Bill has been worked out and I've made substantial Amendments to the Bill to make it better. That's one good thing about the Body. Let me just tell you that this is a Bill of HFS and some of the research that has been given to me is that it's important to know that the passage of this Bill will save the state approximately $15 thousand a month. Plus, it also will allow us to leverage federal funds as a result of the passage of this Bill. So, I urge a 'aye' vote for HB2330."
"Gentleman moves for the passage of the Bill. Those in favor vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Please record yourselves, Members. Have all voted who wish? Have all voted who wish? Smith. Sullivan. Thapedi. Mr. Clerk, please take the record. On this question, there are 51 voting 'yes', 67 voting 'no'. And the Bill fails. House Resolution 370, Representative Chapa LaVia. Is Representative Chapa LaVia in the chamber? Please proceed on your Resolution, Representative. We understand there's an Amendment, Representative, to your Resolution. Please explain the Amendment."
"Yes. Yes, Speaker. Thank you. I'm sorry, humbly. Forgive me. I was in the back. The Amendment takes out the Veterans Affairs Department out of the piece of legislation because they didn't feel comfortable giving their analysis of a protocol on any medication. So, we took them out of the… 09800068.docx 210 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 the House Resolution 370. I'll take any questions. I ask for its adoption."
"Seeing no debate… Turner in the Chair. Seeing no debate, the Lady moves for the adoption of Floor Amendment #2 to House Resolution 370. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Lady moves for the adoption of the Resolution. Seeing no objections, House Resolution 370 is adopted. Mr. Clerk, the Senate… the status of Senate Bill 1214."
"Senate Bill 1214 is on the Order of Consideration Postponed."
"Mr. Lang."
"Thank you, Mr. Speaker, Ladies and Gentlemen. I'm sure you'll recall this debate, previously. This would allow the Tollway Authority to publish the names of toll scoff laws on their website. This is after many, many written and oral communications with these folks. Give them the chance to pay and to make sure that law abiding citizens who are paying are not prejudiced by those who are not. We've debated this thoroughly. I would ask your support."
"Seeing no debate, the question is, 'Shall Senate Bill 1214 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Davis, Mitchell, Sente, Smith, Thapedi. Mr. Clerk, please take the record. On a count of 62 voting 'yes', 55 voting 'no', and 0 voting 'present', Senate Bill 1214, having received the 09800068.docx 211 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 Constitutional Majority, is hereby declared passed. Representative Mautino, on your Motion. Representative Bradley, on your Motion."
"I'd like to withdraw my Motion to reconsider on House Bill 183."
"Representative Bradley."
"What? No. No."
"Mr. Bradley."
"I'd like to make a Motion to reconsider House Bill 183… 183."
"Representative Mautino moves that the Motion be ta… be laid on the table. The Motion has failed. The Motion is Tabled. Representative Evans."
"Mr. Speaker, I rise for a point of personal privilege."
"Please state your point, Sir."
"I just want to acknowledge a good… a new friend of mine, and a constituent from my district, Matthew Hamer, he's paging today. So, ya'll give him a round of applause, first time in Springfield."
"Welcome to Springfield, Matthew. Representative Currie for a Motion."
"Thank you, Speaker. I move to suspend the posting requirements for purposes of the Concurrence Motion on House Bill 1189, so that it may be heard before the one hour lapse in time. Same Motion we made on… on the Concurrence Motion on House Bill 183."
"Lady moves for the adoption. Those in favor say 'aye'; those opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it, and the Motion is adopted. And on that, 09800068.docx 212 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 Supplemental #3, House Bill 1189, Representative Zalewski. Mr. Clerk, please read the Bill. Representative Zalewski."
"Thank you, Mr. Speaker. I move to concur in Senate Amendment #1 to House Bill 1189. This is a piece of legislation the Senate sent over dealing with lost and stolen weapons. It does two things. It simply says that there's going to be a FOID verification system for the transfer of firearms. I would note to the Body, this is not a permanent title. This is only… refers to a permanent title transfer. It does not refer to a loaning of the weapon. And secondly, it deals with the lost and stolen aspects of firearm… firearms where there's a lost and stolen firearm. There will be a… on a first offense will be a petty offense to not report, the second offense will be a Class A misdemeanor. I'd ask for an 'aye' vote."
"Representative Bost."
"Will the Sponsor yield?"
"Sponsor will yield."
"As of… as of right now, the law reads what as we transfer firearm? Now, this… this is like if were transferring a firearm between just a friend that's buying your…"
"So, what I'm told, Representative, is the law states that right now, the only requirement is a paper record for ten years, for private sales."
"And then this… this… okay, that… this could be even… if I give a… a family heirloom to my child, is it… does that reported… have to be reported?"
"So, there's an exemption, I'm told, for… expressly for transfers of family items like this, Mike." 09800068.docx 213 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Okay. All right. The other question I have then, so… so how does this enhance this? Right now, we say we just keep the records for ten years. This would make it do what?"
"So, all you would do, Mike, is call in to the Illinois State Police, just let them know that you're transferring title of the weapon to someone else with a valid FOID card. Hopefully, it wouldn't be a cumbersome process, at all."
"No. Okay, wait. I… I need to under…"
"And they… the Illinois State Police would verify that the… that the recipient has a valid FOID card. So they would need to verify the current legal status of the FOID card."
"So they can't just show you their…"
"No."
"…FOID card. You have to call and make sure that that FOID card is…"
"They… they would have to show the FOID card, but you would also have to verify it through the state police to ensure compliance."
"What is the…"
"And right now, they're currently required to show the FOID card."
"Right now… right now, if the… do the police monitor so that they can make this call 24 hours a day?"
"Mike, the answer is 'no'. There's not going to be a mon… they're not going to be a…"
"Okay, so the reason why I'm saying that is, and maybe not up into the middle of the night, but you get this time of year and… and people are at work and… and all of a sudden they find out that somebody's advertised that they have a 09800068.docx 214 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 rifle or a gun… handgun for sale. They contact them and they know them, and they go over. But, none of them get off work until 6 or 7 o'clock at night."
"So…"
"Then I got to take and make a call to verify before I make that sale?"
"So, Mike, just under that… under that scenario, you would just simply, the next business day, place a call to the state police, let them know that you transferred the… the firearm to another lawful FOID owner… owner of a FOID card, that's they're status is legal…"
"But…"
"…and it would be the end of the transaction."
"Okay. So, you wait until the next day and you call and the police say, well that wasn't a valid FOID card owner. Am I in trouble?"
"So, there's no… there's no penalty in… in that scenario, Mike. But… but at that point, the state police are then aware that there's been a transaction that involves someone who wasn't a valid owner of a FOID card."
"Okay. Thank you."
"Representative Mautino."
"Thank you. The Sponsor yield?"
"Sponsor will yield."
"In talking with Senator Raoul last night, there were some concerns that the NRA and the Illinois State Rifle Association had expressed, and I wanted to talk to you a little bit about a potential trailer Bill, and there were a couple of areas that were of great concern. One, being 09800068.docx 215 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 permanent transfers, and it be restricted to permanent transfer only. So if my son borrowed a shotgun to go on a deer hunting weekend that would not be an item. You're only talking about permanent transfers for consideration, because the Bill doesn’t say that."
"So, to make it abundantly clear to you, Frank, and, you know, I'm certainly willing to work with you and… and Brandon over the summer, this only affects permanent transfers. The intent of the legislation is to only affect permanent transfers. Temporary loaning of the weapon to go to a range is not included within this statute."
"Okay. Two, the other concern was to, and I talked with this with Senator Raoul last night and you a little bit ago, destruction of all the FTIP records and that they may not be used to create a database or retention of those records. Would that be your intention as well?"
"The intent… the intent of the Bill is not to create a permanent database of these records, and that the FTIP records would be… would be destroyed."
"And so, in… in a follow-up or trailer, we would put that in the language that…"
"Yes. Yes, Sir."
"…it specifically would be destroyed?"
"Yes, Sir."
"Okay. Thank you."
"Representative Christian Mitchell." Mitchell, C.: "Thank you, Speaker. To the Bill. This is a fantastic piece of legislation. Certainly makes me feel a lot better, and I think others a lot better, about what we just 09800068.docx 216 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 did with conceal carry. As I've mentioned several times in this Body, we know that 85 percent of handguns used in crimes were not, in fact, stolen but were originally purchased lawfully and then handed over through a straw purchaser. This will give our Illinois State Police the ability to make sure that we crack down on straw purchasers. It will protect law abiding gun owners from any sort of legal ramifications from happening to sell a gun to a bad apple. This is a common sense reform that the state police are fully equipped to do. I think it makes a ton of sense, makes us much, much safer. It polls overwhelmingly well among Republicans, Democrats, and Independents. I strongly urge an 'aye' vote."
"Representative Zalewski to close."
"I… I can't do much better than that. I… we… we've worked long and hard on this issue and this is something that makes sense for a lot of reasons within the realm of public safety. I'd ask for the Body's support."
"Gentleman moves to concur with Senate Amendment #1 to House Bill 1189. All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Thapedi. Mr. Clerk, please take the record. On the count of 70 voting 'yes', 48 voting 'no', and 0 voting 'present', the House concurs with Senate Amendment #1 to House Bill 1189. And this Bill, having received the favorable majority… Constitutional Majority, is hereby declared passed. Mr. Clerk, Senate Bill 2332, Representative Hernandez. Please read the Bill." 09800068.docx 217 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Senate Bill 2332, a Bill for an Act concerning State Government. This Bill was read a second time on a previous day. No committee Amendments. Floor Amendment #1, offered by Representative Hernandez, has been approved for consideration."
"Representative Hernandez."
"Thank you, Speaker and Members of the House. So, I move to adopt Floor Amendment #1 to SB2332, and I'll explain it on Third Reading."
"Lady moves for the adoption of Floor Amendment #1 to Senate Bill 2332. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Mr. Clerk."
"No further Amendments have been approved for consideration and no Motions are filed."
"Please read the Bill for a third time, Mr. Clerk."
"Senate Bill 2332, a Bill for an Act concerning State Government. Third Reading of this Senate Bill."
"The Lady from Cook, Representative Hernandez."
"Thank you, Speaker. The Amendment requires rules to be administered to the IDOT civil engineering scholarship program. The Bill is a trailer Bill proposed to clean up some language to clarify the class groups that may apply so that the IDOT… so that IDOT may meet their diverse work force obligations. I ask for your 'aye' vote."
"Seeing no debate, the Lady moves for the… the question is, 'Shall Senate Bill 2332 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all 09800068.docx 218 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On a count of 118 voting 'yes', 0 voting 'no', and 0 voting 'present', Senate Bill 2332, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, status of Senate Bill 1920, Representative Nekritz. Please read the Bill."
"Senate Bill 1920, a Bill for an Act concerning public employee benefits. This Bill was read a second time a previous day. Amendment #1 was adopted in committee. Floor Amendment #2, is offered by Representative Nekritz, has been approved for consideration."
"Representative Nekritz."
"Thank you, Mr. Speaker. I'd like to adopt the Amendment… the Amendment become… becomes the Bill. I'd like to adopt it on and then debate it on Third Reading."
"Lady moves for the adoption of Floor Amendment #2 to Senate Bill 1920. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it, and the Amendment is adopted. Mr. Clerk."
"No further Amendments or… no further Amendments. A fiscal note, Home Rules note, pension note, state mandate's note, and fiscal note for Amendment #2 has been requested but not filed."
"Representative Nekritz."
"Thank you, Mr. Speaker. I would like to make a Motion to Rule the… the notes, as… as inapplicable."
"And on that Motion, we have Representative Reboletti." 09800068.docx 219 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Mr. Speaker, I would ask for a Roll Call vote on each one of the notes as they're called. Because I find it hard to believe that they would be inapplicable."
"Mr. Clerk, please read the first note. Mr. Clerk, what is the first note?"
"The first note request was fiscal note for House Amendment #1."
"So, the question is, 'Shall the note be ruled inapplicable?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. The Lady's Motion fails. Representative Nekritz."
"We'd just like to make… remake the Motion that the… that the note be ruled inapplicable."
"Representative Reboletti."
"Mr. Speaker, I would move that that is out of order. Can I get a ruling from the Parliamentarian, please?"
Speaker Turner: "Representative Reboletti, the Motion is a renewable Motion."
"Pursuant to what rule from the Parliamentarian?"
"Representative Reboletti, on behalf of the Chair, under House Rule 54, all Moti… all rulings applicable to Motions… there is nothing that prohibits the Motion from being renewable."
"Representative Reboletti."
"Is… isn't it silent though, to the alternative? So, that's your ruling, then?"
"It is my ruling, Sir." 09800068.docx 220 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"On the Lady's Motion, we'll take a Roll Call vote, all in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On a count of 64 voting 'yes'; 53 voting 'no', 1 voting 'present', the Motion carries. Representative Reboletti."
"Mr. Speaker, in order… I know this might be a little bit longer than we thought, it's my understanding that Amendment #1 is a… it shells the Bill. So, if that… if that's the case, then I would remove my notes off of 1, and then deal with the notes on Amendment #2 which is the substance to the Amendment."
"Mr. Clerk, further Motions?"
"A fiscal note has been requested for House Amendment #2."
"Representative Nekritz.
"Mr. Speaker, I would ask again that the note be ruled inapplicable."
"On that question, the Lady moves that the note be ruled inapplicable. All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On a count of 66 voting 'yes', 52 voting 'no', 0 voting 'present', the Motion carries. Clerk. Representative Reboletti."
"Mr. Speaker, in the interest of time, I'll remove all notes except for the pension note and then look to debate the 09800068.docx 221 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 pension note. I assume that Leader Nekritz will probably want to try override that, as well."
Speaker Turner: "You're… you're removing all notes, Representative, if I'm… except for the pension note?"
"Ex… except for the pension note, and I'll file the applicable paperwork with the Clerk."
"Okay. Representative Nekritz."
"I would ask that the note be ruled as inapplicable."
"The question is… Representative Franks."
"Parliamentary inquiry. Is there any chance to debate that issue?"
"It is debatable, Sir."
"But, will the Sponsor yield then?"
"The Sponsor will yield."
"I'd just like to know the… the rationale for declaring that a pension note on a pension Bill could be ruled inapplicable."
"Representative, the pension note is applicable only for state systems, not for local systems in the… and this Bill only applies to a local pension system."
"And there's no… in your opinion, there'd be no effect to the state pension system on this?"
"There… there's nothing in here that would affect the state systems, and there's no information that the note would… would provide for us that would… that would apply to the state systems."
"Would we get any information, though, on a pension note, should they have one, that would tell what the affect would have for the Chicago public schools?" 09800068.docx 222 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Representative, the state sys… the state system would… would have no idea what the impact…"
"Okay."
"…would be to the local system so they would not be able to respond to that."
"Okay. Would a fiscal note had… had determine that?"
"It's again, a fiscal note would be applicable to the fiscal impact to the state, not the locals. These are all the… the Bill that would… that we're going to be addressing is… only a local…"
"Will you have…"
"…unit of government."
"Will you have answers on Third Reading for some of the fiscal impact to Chicago then, should this Bill pass?"
"I… I will do my best. I have gotten as many numbers as I can from the Chicago Public School System and from the… and… and from the Chicago Teachers Pension Fund."
"Thank you. I'll listen to the rest of the debate."
"Representative Reboletti."
"Will the Lady yield?"
"The Lady will yield."
"Representative, you said to the previous speaker that it would be inapplicable because the state has nothing to do with this, it's a Cook County system, or Chicago system. And isn't it true that every year that if CTPF is under 90 percent funded, the state contributes .544 percent of the total CTPF payroll? And as I look at it here, the CTPF certified a FY2014 state contribution in the amount of $11.9 million. Isn't that fair to say the state has some involvement in this?" 09800068.docx 223 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Representative, that… we… we do contribute some but that… that purport… we're under that threshold, so we have not… that… that would not be impacted by what we're doing here."
"Would… wouldn't the CTPF still be under 90 percent funded with this, I don't even like to call it a pension holiday where you're skipping payments and not making payments…"
"I… I prefer to call it a pension ramp."
"A pension ramp. It's still fair to say that… that it was… it'll still be under 90 percent with a pension ramp 50 years later?"
"I… I'm sorry, Representative. I didn't hear the question."
"That… it's fair to say that the state will still have involvement with the pension holiday, or skip, or ramp, because the CTPF will still be under 90 percent funded, so the state will be continuing to make a contribution to the fund."
"Representative, the… the schedule in the… in the legislation still requires CTPF to get to 90 percent funding, so… so as long as it's…"
"Based on…"
"They'll be under 90 percent funding, the whole… the whole period."
"And based on the… this ramp, as you call it, what would CTPF actually become 90 percent funded? What year would that be?"
"2061." 09800068.docx 224 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"So then we would have state involvement all the way to 2061. So almost another 50 years, right?"
"Close."
"And, currently, it's to 2059, is that correct?"
"Correct."
"Mr. Speaker, to this, I'm not sure if it's a Motions to the note, to everything. Only in Springfield could a pension note be inapplicable on a pension Bill that involves state funding. Then it's really of no value to have any note whatsoever. So when we try to find out exactly how this impacts the State of Illinois, we can't find that out because, I'm assuming that over 60 people on the other side of the aisle will find that the pension note is inapplicable. We talk about going back to our districts here in the next few hours or tomorrow, and looking them in the eye and telling them that we gave it our all, but looking the constituents in the eye to tell them that pension notes don't apply. So, we might as well not waste any time with even having any Notes. It's very frustrating. We're going to give the City of Chicago, its pension system, another holiday. How many taxpayers in our districts get holidays on their Visa bills, their MasterCard bills, their mortgages, their car payments? Wouldn't it be nice if we could file a Bill for all of our constituents who are suffering and tell them they could take a holiday and not have to make payments? And actually tell them they don't have to make payments for the next almost 50 years. Isn't this great? We talked about pension reform, which is… is stalled now. But while we're taking… obviously the pension holidays haven't worked for the State of Illinois. 09800068.docx 225 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 Look exactly where we are right now with over $100 billion in liability, taking money out of the pension system. The CTPF already got a pension holiday not all that long ago. So, here we go again. How frustrating to the taxpayers of the entire state to be told that their money, every year for the next 50 years, doesn't matter."
"Representative Durkin."
"Will the Sponsor yield?"
"Sponsor will yield."
"Representative, the Pension Note Act states as follows, on Section 3: 'The pension impact note shall be factual nature, as brief and concise as may be, and shall provide a reliable estimate of the impact of the Bill on any public pension systems to be affected by it in dollars where appropriate.' How is the Act not applicable to this legislation? 25ILCS 53/3."
"Representative, we would have to send this to a state sys… we… we don't have the ability to inquire of the Chicago Teachers' Pension Fund as to the impact to them. We would have to send this to a state system and… or… and they don't have the ability to… they don't have the data to be able to respond."
"I would disagree. That's what the point of the… of the Act is. It says any pension systems this can be affected by any Bill that we pass. We have the right to file a note and have the appropriate analysis…"
"But, Representative…"
"…done on what the fiscal impact is." 09800068.docx 226 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Representative, as… as a non-state agency, the Chicago Teachers' Fund has no obligation to respond. So, there's no… there's no ability for us to enforce that note."
"I don't read that in the Section, but…"
"Well, you may not read that in the Section…"
"…but it says for any public pension system is a…"
"…that would be… that would be the separation of… of that… the difference between the state and a municipality."
"The legislation's pretty clear in its face, and I would disagree with you, and I think that we should vote 'no'. Be consistent with the law. That is what this Body is about, that's what this state is about. It's about following the rules and following the law. I would request a 'no' vote."
"Representative Senger."
"Thank you, Mr. Speaker. Would the Sponsor yield?"
"Sponsor will yield."
"So, I… question, if I may. I… the scheduled right now is changing it from a 45 year funding schedule from the year '59 to the year 2061. That's two additional years. So, basically, are you saying that the state is not going to fund now the schedule for two additional year? And then that two additional years doesn't count as something that's costing the state money?"
"Representative, I think that… I don't know how that applies to the note that you're… that you're asking about?"
"Well, again, maybe the state shouldn't fund this system at all given we have no wherewithal to say we have any fiscal responsibility, even though we're making a payment." 09800068.docx 227 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Well, Representative, I think that the, you know… we don't… we don't fund the system, so I don't know how this would change anything."
"Yeah, again… again, it's going to cost the state… it's costing the state more money, no matter how you look at it. If you fund it for two more years, it's going to cost two more years of funding to fund this thing, or we just forget whatever contribution we're making."
"Representative Bost."
"Thank you, Mr. Speaker. You know, I… just so you know, I… I'm not an attorney. I… I'm not a federal prosecutor nor never have been one. I'm not a state prosecutor, never been one. I'm just a regular old country boy from Southern Illinois. But I'm standing here and I'm watching us say that a pension note has nothing to do with a pension Bill. How do you sell that to these cameras up here? How do you sell that to the people who are standing in the gallery? See, this is why people get upset with this place. This is why people get upset. Go ahead, point your finger, laugh. Because the thing is, the general public's not laughing anymore. They're sick and tired of games like this. Is has an impact. It has an impact on my constituents, it has an impact on yours. And we need to respond to them, we have certain rules. And if you want to just sit here and keep saying, oh, it has no impact whatsoever, sell that to your district."
"Representative Tryon."
"Mr. Speaker, will the Sponsor yield?"
"Sponsor will yield." 09800068.docx 228 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"So, let me see if I can get this right, Representative Nekritz. Is this… is this Chicago Public Teachers' Pension Fund covered by our Constitution? Is it protected the same as the other public pension systems?"
"I believe under Article 13 it would be."
"I believe you're correct. Is it not a pension system that is currently receiving state funding? Didn't they receive, last year, at least $10.9 million of… of our money from the State of Illinois?"
"Yes, they did but, Representative, that we can… that… that doesn't have to do with the Note that's here."
"Okay. I'm trying to make the nexus…"
"But the changes…"
"…to why it's important that we understand the impact of this Bill on the liability of the State of Illinois. We… if we're going to be funding it, is… is… if we move a ramp from… out to 50 years, I want to know what that impact is. I need to make a decision for how that affects our budget. And you're telling me that we don't have any control over the Chicago Public Pension System and they may not respond to us. I suggest that if they don't respond to us, we don't take action on this legislation."
"I… I think…"
"These are questions that need to be answered. I don't understand, in the State of Illinois, in a pension system that's covered by our Constitution, that's receiving state dollars from the State of Illinois budget, that's increasing the liability on our taxpayers, how I don't have the right, or any of us don't have the right to find out what the impact 09800068.docx 229 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 is in the future. And it's a sham to say that a pension note, on this pension Bill, is inapplicable. It's…"
"Representative, again…"
"I can't even believe we would say that."
"…there's a distinction between the state pensions and… and what… and the local pensions and this… we… we don't have the capability of getting this information from the local pensions."
"Let me tell you, when you… when we all go home and we adjourn here tonight and we go to the drycleaners, we go to the barbershop, people are… this is the kind of stuff people talk about. The Rotary Clubs… these are the kind of decisions you make, big financial decisions, with partial pieces of information. That is wrong. It's wrong to put this Bill up when we can't answer the questions on the impact we're going to have on the state budget, the increased liability that we're going to have. I've heard that Chicago can't create efficiencies to make this payment. I've heard that they would have to increase class sizes. I have large class sizes in my school district. Thirty-five children in some of my grade school classes. They have less. They have historic, historic low property tax rates in the City of Chicago when it comes to funding education. In 1994, their property tax rate was $4.32. Today, it's $2.80. I don't… I have the right, and any one of us have the right to ask the question, what is the increase liability on the pension system, on the taxpayers on the State of Illinois. And to say this is inapplicable is just wrong." 09800068.docx 230 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Lady… the Lady has moved to rule the note inapplicable. All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On the count of 66 voting 'yes', 52 voting 'no', and 0 voting 'present', the note is deemed inapplicable. Mr. Clerk."
"No further Motions."
"Third Reading. Mr. Clerk, please read the Bill."
"Senate Bill 1920, a Bill for an Act concerning public employee benefits. Third Reading of this Senate Bill."
"Representative Nekritz."
"Thank you, Mr. Speaker. I think in this chamber it's known that I have… care very much and very deeply about adequately funding our pension systems and have worked tirelessly over the last year to do that. But sometimes, we have to face a choice between bad and worse. And in that instance, I will pick bad. What we're facing here is the Chicago Public School System has an increase in their liability on July 1 from $200 million in FY13 to 600… over $600 million in FY14. The total increase that they can raise in their… through their property taxes is $84 million. The contract that they're going to be facing, the increases in the contract, are at $93 million. So, we want them to get to a… to this… to the situation where they are paying what they need to pay into the system to get it fully funded. But to ask the… the Chicago Public School System to do that in one year, I think, is… is just unaffordable. If… they would have to lay teachers off, they would have to raise class sizes, 09800068.docx 231 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 which they're already doing. They're closing schools. They've… they've dramatically cut their front office budget. They've done things to try to bring this under control, and they are working with the unions to try to come to some agreement, but they ran out of time. In order to craft a budget for the next… for the next school year and to be able to open schools in next September, they're going to continue negotiating, but we will not be back here to address until sometime after the school's open. So, we can say to Chicago Public School Systems, sorry, you can't open next… next August or we can take this rather… this very unpleasant action, which I get, is not what we want to be doing, but I think it… necessity, we have to be doing it. We can take this action, give them a little window of opportunity to… to phase this in and then in two years they will be at an actuarially required payment. I'd ask for your support."
"Representative Senger."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor will yield."
"Representative, is it not true, at one point and time, such as the year nine… 2004, this pension fund was 99 percent funded?"
"I didn't… I… I don’t know the exact year but I know it's been fairly recently when it was… when it was well funded."
"And... and is it not true that now in the year 2013 it's down to 54 percent funded?"
"That's… that would be correct." 09800068.docx 232 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"And is it not true the reason why the unfunded liability has grown the way it has is because we've taken pension holidays?"
"That's not the only… it was on the decline before… before then."
"And is it not true also that the… that the Mayor of Chicago was here before the Pension Committee two years ago saying that we needed to do some reform in his pension system?"
"And… and the Chicago Public Schools and the Chicago Teachers… the Chicago Teachers' Union have been working toward that but, you know, they… they did not reach the May 31 deadline."
"So, basically, they're… they’ve had a pension holiday for three years, they've been requesting… they knew and they knew what had to be done two years ago. They had a proposal come in two years ago on how to get to the fixed and no action was taken. Is it not true also that the request they're asking for here will be a tax increase to the taxpayers of Chicago?"
"I… I believe that is part of the negotiation. I don't know how that will end up."
"And is it also not true that, again, we're going to provide yet another, if not a pension holiday, a shortfall in the pension payments for this year and next year which will cause this problem to become even greater, will cost the taxpayers more, and then will also have to cost more in order to… to get the unfunded liability up in a tune, that I heard, of… of $12.2 million?" 09800068.docx 233 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Representative, all… that… that is true. But if… if we were to simply increase the payment by $400 million next year, believe you me, taxpayers would be… there'd… there'd be no other source than to go to the taxpayers for that. So, you know, you can't argue that one is a… one is a tax increase and the other is not. There is no alternative here that doesn't… that doesn't increase the pension payment."
"And if I may, Mr. Speaker, to the Bill. I find this very… I find… I find this very hard to even discuss about a… not… pension holiday and a pension system once again. There is… there is absolutely… I don't think there's one retiree or person in the pension system out there today that doesn't say for the state systems that the state has been at fault because of lack of pension payment. We have heard that over and over again. And if anything, we learned that we have to make the payments. Secondly, the answers to this were tough and the state dealt with it, and on a very prudent matter. We've made cuts to downstate education, higher education, human services and public safety. Not this year but the past two years because of the fact that we had a pension payment to make that was taking away from education and higher education. And we did it. We funded our pensions and we made the cuts to education. And I know this is a big jump in regards to what the cost will be for Chicago and education next year, but they knew it was coming for quite some time. So, why should I say for one school district it's okay to hide your head in the sand and take the tough stance and get things done when my schools have been cut the last two years because we knew we had to fund pensions? This is the absolutely wrong approach 09800068.docx 234 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 to take. If we really wanted to get something done here and have it done right, and again, it's my understanding that CPS has until August to come up with a solution. If we're going to do anything to CPS, let's make sure we do what needs to be done here, is have them come up with a plan where they can now, with a guarantee, in a 30 year arc, fund their pension systems and make the payment to get funded to 100 percent. None of that's in place and none of that's been thought through. And I know they said they ran out of time but we've been working this problem for two years and they've been watching us do this. And then, secondly, with Senate Bill 1, they could've, a year ago, said bring me a Bill such as Senate Bill 1 so I can incur the same savings, two years ago, that you're incurring here. If you really want to do this right, I would not do anything further until a plan comes in place to solidify this once and for all. Because sooner or later down the road, and this is a fear of everyone right now, one or two things are going to happen. The retirees will not have a pension… will not have their pension checks and/or Chicago's going to come back to the state and say help us out in one way, shape, or form."
"Representative Ives."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor will yield."
"Representative Nekritz, I appreciate your work on pension reform and I just wanted to know, do you have any indication of the status of comprehensive pension reform with, I don't know, what time is it, less than six hours to go?"
"No, I always… I'm still hopeful." 09800068.docx 235 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Do you think that it'd be more appropriate to do a pension reform first before we did pension shift and pension holiday?"
"Representative, I believe the… the question of what's happening here with the… with the Chicago Public School System is… is separate from what's going on with the state systems."
"Well, I think it actually has complete bearing. In fact, Moody's, in just today, they say 'our view is that failure to enact pension reforms could drive the state's general obligation bond rating lower than A2, which is already the lowest level for a U.S. state', said Moody's analysis, Ted Hampton. That just… they just put this out today. This afternoon, knowing full well that we're probably going to leave tonight and not have done comprehensive pension reform. Don't you think that's a bigger priority?"
"Representative, this chamber passed comprehensive pension reform and I believe we were waiting for the other chamber to act as well."
"I agree. Don't you think that your leaders have a little bit more control over this?"
"Representative, this chamber passed comprehensive pension reform. We are waiting for the other chamber to do likewise."
"Okay. Let's get to more of the specifics then. Additionally, I was reading from a Daily Herald article, April 14st, 2012, seven years ago. The cost of Illinois teachers' and employees retirement was rising, squeezing how much lawmakers and then, Governor Blagojevich, could spend on more popular programs. Even though the state's pension systems already faced a $38.6 billion deficit, Democrats chose to 09800068.docx 236 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 skip on mandatory yearly pension payments to free up some cash short term. The result was a so-called pension holiday lawmakers created in 2005 to allow themselves to avoid investing about $2.3 billion over the next two years. And I quote, 'I'm sorry…' 'I'm very sorry I ever voted for that', said State Representative Elaine Nekritz, a Northbrook Democrat and at one of at least nine suburban Democrats still in the Legislature who voted for the pension holiday. Not… you know what, I respect you, but honestly, you know better. You know better than to call this a pension ramp. You know this is a pension holiday, and I just… I just can't even believe that we're even discussing this with less than six hours to go, no formal pension reform. Can you respond to this statement that you made… las… just about a year ago?"
"Yeah. Representative, I think there's a significant difference between the two. That was… that was truly a holiday and we did nothing at the end to get ourselves back on a actuarially required schedule. This legislation, I think, it takes account of the fact that the City of Chicago is in a very deep hole. They are increa… they're not… they're not level… these are not level payments throughout this ramp. They are insignificantly increasing payments and then at the end of it, they will be on an actuarially required contribution schedule. We never did that in the state."
"The bottom line here's…"
"If we had done that then, we wouldn't…"
"I understand the pension ramp."
"…we would… the problems would not be as significant as they are today." 09800068.docx 237 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"I understand the pension ramp. That's what they did in 1995 and that didn't work, and that's why we're here now. But when you actually skip a pen… a pension payment, that's actually called a pension holiday. And you can call it whatever you want, but we all know the truth. We all know the truth of what the terms are and this is a pension holiday. And you said 'I'm very sorry I ever voted for that.' Thank you."
"Representative Hays."
"Thank you, Mr. Chair. Would the Sponsor yield?"
"Sponsor will yield."
"Representative, would you agree that the multiplier used for the purposes of property taxes is extraordinarily low in Chicago versus the rest of the State of Illinois?"
"I don't… unfortunately, I haven't spent the last several years studying pensions. I don't quite know all the… the different rates in property taxes."
"Well, I'd be happy to help you with that. In most of the…"
"Why don't you."
"…State of Illinois, the estimated property value is multiplied by thirty-three and a third percent. In the City of Chicago, the multiplier is ten percent. So the multiplier used is less than a third in Chicago than it is throughout the rest of the state. Let me help you further. I'm… I'm looking at a picture of the Governor of Illinois' home, valued at $290 thousand in the City of Chicago. His total assessed value, $29 thousand. He only pays $2,200 to the local schools in Chicago. I'm also looking at Representative Mike Tryon's home, behind me. With the triple multiplier versus the City 09800068.docx 238 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 of Chicago, on his $235 thousand home, he pays $6,600, $4,700 to his local school district. The Speaker's home, same numbers. $341 thousand in value, $49 thousand in taxes, only $2,700 to his local school district. So, the Governor and the Speaker pay 56 of their pittance of a property tax to the local schools while Representative Tryon pays 71 percent, 71 percent, of his heightened responsibility to his local schools. In my district, the assessed valuation, triple, triple. How do you reconcile a school district that has, by far, the lowest multiplier in the state in a community that has, by far, the highest property wealth in the state, coming to this Body and asking for a pension holiday? Should we not be talking about an extension until November, until the referendum can be set up with the voters in Chicago like in every other community on planet earth?"
"Representative, I… I believe that the numbers that you just cited don’t take account of the multiplier that the state imposes on that. But that being said, this is a…"
"I'm… I'm…"
"…this is a situation…"
"I'm sorry, I don't understand that answer at all."
"…I was going to respond to your question. This is a situation where we are going to have to make some difficult choices but that's what comes with governing, is we have to take account of where we are today. We've had this debate… and I… I'm subject to this debate all the time on the state pensions, well, you know, you… you people did it wrong and… and I shouldn’t have to pay for it. Well, we are where we are 09800068.docx 239 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 and I'm going to have to make some decisions going forward. That's what this Bill does."
"So, Representative, Mike Tryon's home valued at $235 thousand, he pays $6,600 in taxes. The Speaker and the Governor's property together, $632 thousand. Tryon pays 93 percent, as much as those two homes together, yet his home has 37 percent of the value, and we're suggesting that that is reconcilable to the voters? To the Bill. You know, my son was here over the weekend and… and we had a long talk about process and I had a lot of commentary about the very good people in this chamber, thoughtful people, people who care deeply on both sides of the aisle. The pension discussion came up and I said you know what, there are Bills that I supported, Bills that I didn't support, but without reservation, some excellent people who have spent months and months and months working on this issue brought some very thoughtful ideas to the table. I'm glad he's not here today. I'm sorry you're having to carry this Bill, I am. You've spent way too much time on this issue to have to end this Session with this. I would ask on your side of the aisle from now on, when the clown act starts, don't have the best and brightest carrying the Bill. It makes them look like a clown. You deserve better than to be the 14th person out of the VW. Vote 'no'."
"Representative Tryon."
"Thank you, Mr. Speaker. Representative Nekritz, I… you know, I don't know how you can be from the… from a suburban area, from a downstate area, whether you're collar counties or whether you're suburban Cook, and make this vote without 09800068.docx 240 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 having the right information. I look at and I sympathize with the Chicago Public School System, the size of it, the problems they face. It's… it's got to be an unbelievable task to manage a school district of that size. But the problem that I have is every time they have a problem, they come to Springfield for a solution. And back in '04… or '03, we provided a solution called the Extension Limitation Ratio and 62 percent of that money went to the City of Chicago. And today, this year… last year, they received about $300 million of that funding from that decision we made. In '04, we doubled the poverty grant threshold to, I think, 200 percent of poverty. And because that calculation was made strictly on the number of people that qualify per… on poverty and not based anything on what the property value of the school district was, they get about an extra billion dollars of that money. They get 52 percent of that money. But in my school district, when we have a problem with education funding, we have to go vote on it on a referendum. In my county, just about every election cycle, one of the school districts is having a referendum, and they don't pass. Sometimes they have to be asked three or four times. So, I have a question for you. Could you tell me when the last time Chicago had a referendum on education funding?"
"I believe it's been quite some time."
"Well, I'm not… I don't think… I'd had some research done and it's… they only went back as far as 1980. We know it wasn't 1980. Somebody told me it was the '60s. I find that somewhat unacceptable. You have… in… in the City of Chicago, you have the wealth… some of the wealthiest real estate in 09800068.docx 241 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 the State of Illinois with historic, historic, low property taxes. And… and maybe, instead of closing 50 schools, maybe the people need to have a say in this. Maybe they should put this on the ballot. Maybe they should’ve done that three years ago when we gave a pension holiday for three years and they should’ve had a long term plan, because that's what we do in the suburbs. That's what we do in other parts of the state. And while I may be sympathetic to the City of Chicago and… and would love to sit down and talk about school funding on a much larger scale, I want the facts and figures for this. I mean, if you would've…"
"Representative, I'll be… I have received a fiscal note. We'll be glad to send you a copy."
"That… that would be good. Okay. And… and I… I'm sure I'll have questions on that. But… but I want… but I also want to say this, that we're going to go home from here with no pension reform and the papers, tomorrow, are going to say we gave a pension holiday. And you say we passed pension reform over there. They passed pension reform over here and we're not going to get a chance to debate that Bill, and I think that's wrong, too. That's just as wrong… they voted on a Bill yesterday, voted it down. So we need to vote up or down on the Bill that's in this House and maybe we'll get an idea of where this chamber stands on pension reform as well. This is the wrong time to do it. I stand with Representative Franks. I think we should come back. I think if… if we can't do it, the Governor should call us back and make us do it, all right, because we all want pension reform. And… and to bring this up the last day of session, the very last day of session, this 09800068.docx 242 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 holiday Bill, this last hour of session… if you had told me that today, I would’ve said this… I wouldn't have believed it would happen, but it is. And I say vote 'no'."
"And, Representative, I'm, you know… we have… we have the… the parties to this agreement have been meeting for… for days through the weekends trying to come up with a solution. They were unable to. We're here at the last minute because they couldn't come up with a solution. They're about to fall off a cliff. We have to find a way to provide them a path through that. And I'm sorry that that's unpleasant. I don’t like the solution either, but it's… but if, again, the choices are between bad and worse, I think that we're better off helping the school children of the City of Chicago rather than sending them off a cliff."
"Representative McSweeney."
"Mr. Speaker, to the Bill. This is by far the worst Bill of this Session. This is worse than the lion meat Bill. And let me say to my colleagues across the aisle, are you really going to do what you did to the State of Illinois, skip payments again? We have nine and a half percent unemployment, people are out of work. We have $100 billion of unfunded pension liabilities. We are going to get downgraded next week. Are you really going to go back and tell your teachers that you are going to short change them again? This Bill is a joke. Stop the madness, vote 'no'."
"Representative Kay."
"Will the Sponsor yield?"
"Sponsor will yield, Sir." 09800068.docx 243 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Thank you, Mr. Speaker. Representative, I… I obviously, would share some of the sentiments of my colleagues tonight about the disappointment in seeing this Bill. And I have to preface my comments to you by going back to two previous speakers, two previous speakers who referenced proper procedure and then the law. And in front of radio and TV, we took a vote that basically said we don’t care about process and we don't care about the law of State… the State of Illinois. That's the first message we've sent tonight and that's a shame. None of us want that message, but that's the message that's gone out. And so, when we try and tell our constituents back home, when we go back home, what we got done, we'll say very little. And I'm going to tell my constituents we don't get anything done because nonsense trumps common sense here. We have forgotten the rule of law. We have forgotten the rule of procedure, and for anyone, Elaine, to think that we're not interested in the details pertaining to the costs of a holiday is ludicrous. It's simply ludicrous. Why are…"
"Representative. Representative…"
"Why are you doing that?"
"…we have the fiscal note now. You're welcome to take a look at it."
"Well, that's fine. A half hour ago it was a moot issue according to House and I think that's what people have seen, a moot issue. We didn't care about the details. We didn't care about the data. We didn't care about the statistics. We didn't want to do the right thing. We wanted to make sure a bad Bill got through the House. That was the motive. That's 09800068.docx 244 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 all we cared about. Let me remind you of one other thing that kind of concerns me. A Bill that you worked very, very hard on came to the floor 10 days, 2 weeks ago, and I had to make a vote which, frankly, was kind of tough for me because I was in between. And because of your hard work, I voted for that Bill. And when I voted for that Bill, I asked a series of questions on this floor. Here's kind of how it went: Are you committed? Are you committed, Mr. Speaker, to keeping your word when it comes to the fulfillment of the stipulations that we call out in the Bill? And the answer was 'yes'. You remember that? Well, he did. Secondly, I said can we believe, can we believe that this Bill will be the Bill and we will not change it and we will stick by it and stand behind it and enforce it? And the answer was 'yes'. And then the final, and I think my final question, is a reminder tonight would simply be this: my final question was can we tell people in this House and those people that we go home to speak to that we will not short change this pension reform Bill. And, Madam, the answer was, 'Yes, Sir'. Now… now, tonight, you bring us back a pension holiday. What do you think the people of Illinois think of the word of this General Assembly? What do you think? Because, frankly, I try and be a man of my word using common sense and not nonsense to do things and I think we have left people very confused. To the Bill, Mr. Speaker. Anyone who votes for this better have some very good reason because it's a horrible Bill. It does not represent common sense and it represents something that we should be far away from because we've been down this path and failed. Thank you."
"Representative Dunkin." 09800068.docx 245 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Will the… thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor will yield."
"Representative, why is the Teachers… Chicago Teachers' Pension Fund opposed to this legislation?"
"The Teachers' Pension Fund is opposed because of the… of the ramp."
"Because of the…"
"The ramp. That… that this legislation includes."
"Can you articulate that in layperson's terms?"
"Yes. Well, so it… the pension payment in… the current pension payment in the current fiscal year is $200 million. The next payment is $600 million and… and I… the Pension Fund would like that full payment next year."
"Okay. Thank you. Is this the last time that we'll bail out the Chicago Board of Education?"
"I… somebody asked me about my crystal ball yesterday, I decided that I… I announced that that was not a very good crystal ball, so I don't know that."
"Okay. All right. Well, you know, are there any guarantees that there will be… that this will be the last time or something close to that? Because we're asking for them to forgo making full payment to the pension but we're requiring ourselves to never skip on pension holidays again so we won't get into this… this pension… or fiscal calamity that we're in right now. So, what assurances are we going to get other than them saying, well we'll work it out… work it out over the summer and we'll get there?" 09800068.docx 246 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Well… so they would… they would have… I mean, at the end of this they would have to, if there were to be another change, they would certainly have to come back to us. And we could evaluate at that time whether we thought that they had taken enough action to be able… and… and had reached enough agreement in order to be able to address the crisis. And for me right now, Representative, this is a very difficult balance. If we're asking them to pay in… to triple their pension payment next year, that is going to have an impact on children in the… in the City of Chicago, just like all the other cuts that the City of Chicago has been made. That's… those have been very, very painful decisions and I think it behooves us to try to balance that for at least the next couple of years so that we don't… so that it isn't a complete tsunami in… for Chicago public schools."
"So, what would this underfunding do to the pension funds funded ratio, which was at 80 percent funded right before the holiday, and is now about 53 percent funded after the last holiday in 2010 under Public Act 96-0889?"
"I don't think I have those numbers, exactly. Yeah, we… we'd have through an actuarial study, which is, I've learned, takes about two to three weeks."
"Okay. So, is this an issue about governance, would you say, in terms of how and… or who's really running the Chicago Public School System and how it is that we keep running across this… this incredibly high, billion dollar now, deficit? We also have a situation where they're not paying or meeting their financial obligations to the pension fund. I mean, it sounds a bit hypocritical for us to… to set a course on us 09800068.docx 247 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 paying our pension or not have any more pension holidays and yet, we're allowing the City of Chicago to do exactly that, come up with a pension holiday."
"And… and Representative, I struggled with that myself but when I… when… when you look at the enormity of the increase in the payment, that would be like us moving from a seven billion… from our currently seven and a half billion dollar payment, to an over $21 billion payment. And… and so, when you look at it in that order of magnitude, I'd say okay, they… we're going to… we're going to force them to get there, but I got to give them a little time and a little… and a little ability to ramp that up."
"So, is there a way that we can come up a… this Bill would help incentivize the City of Chicago to come up with a dedicated tax levy that they've had before? Because when they had that, the dedicated tax levy, they actually… they were at about…"
"They were…"
"…98, 95 percent funded."
"They were right at 100 percent funded. That's correct. And… and I believe it was the other side of the aisle that imposed that change on… on the City of Chicago. But that being said, I think that the… that the payment… the increase in the payments is still pretty significant in this Bill. It goes from 200 to 350 in the first year and 350 to 500 in the second year, and then they're on an arc. So, given where they're… you know, given the magnitude of their budget, those are still very significant increases just to go into pensions. Forget all the other… the other costs that they have. So, I think 09800068.docx 248 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 that this is… that that should be incentive for the parties to come together and reach an agreement, because I'm not sure that even those increases are affordable for the City of Chicago."
"And listen, I… I get it. You know, those are tremendous numbers and, you know, it just… I'm thinking sort of on a grander scale that it's… we're… we're borderline hypocritical to ask a body to not pay its full pension and yet, we're asking ourselves… we're having a, I guess, a different standard for ourselves as well. And I… and I'm also trying to… I'm struggling with the fact that we're really being unfair to the retirees who invested 30 years in this system and we're saying to the City of Chicago it is okay to not pay the full pension obligation. I think this also gets us to the real question of how it is that we do fund public education in the State of Illinois. It's fundamentally flawed, wouldn't you agree?"
"Well and Representative, to your earlier point about… about hypocritical… part of the reason we have… we're going through this pension debate at the state level is because we don't want to prioritize pension payments above every other priority and… and right now, that's what's happening. And I think that's the same thing here. I have… we have to provide some balance. I have to be able to prioritize other spending in order to keep the system working, functioning at a… at a basic… at a very basic level. So, to me, they're both the same. It's… it's both about trying to balance the priorities of paying into the pension system but meeting all the… meeting 09800068.docx 249 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 other priorities that the Chicago public schools have, and that's a very important one, of educating children."
"Thank you, Representative. To the Bill."
"Thank you."
"Ladies and Gentlemen, this is a situation where, you know, we're being asked to be responsible at the state level and not take another pension holiday. I just wish that CPS and CTU could've come up with a… a better agreement so we could avoid having this conversation. Wouldn't you say so, Mr. Speaker? But here we are trying to figure out, trying to help out, trying to micromanage Chicago's school system yet again. In the mid '90s, they came down here and said, hey look, can you give us complete authority. Sure, City of Chicago, here's your complete authority. Guess what? They ran across a big pension… a fully funded pension of the Chicago Teachers' Pension Fund that was at 100 percent, and they raided it. They stuck their hand in that… that nice, 100 percent funded pension fund of all of those good teachers in the City of Chicago who worked their buns off, who deserve a… a pension after they gave up 30 years of their lives, and we're still underfunded. They put their hand in the mix and they took their money. And now, we're asking ourselves, what's right? Should we allow a school district to not fully fund their pension obligation of those retirees? Interesting. Very, very interesting. I'm… you know, I hope my vote is going to be the right thing for the teachers because that's what I'm concerned about. I'm not concerned about any administrators, any politicians. I'm concerned about those teachers who deserve better, especially the retirees who went 09800068.docx 250 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 through what they went through. So, I'm… I'm going to be listening to the debate and I'm also going to be looking, and… and hoping and praying for some clarification that the CPS and CTU can come up with that will help bring some resolve to this situation. I mean, it's amazing. Thank you, Representative."
"Representative Reboletti."
"Will the Sponsor yield?"
"Sponsor will yield."
"Representative, do you know what the loss to the CTPF was for the last pension holiday that we passed a few years back?"
"I believe that was about $12.2 billion."
"So, the City of Chicago taxpayers are on the hook for 12.2 billion dol… 12.2 billion?"
"Yes, Representative. In 1995, when Chicago public school reform was passed, I think, with almost… almost all the votes coming from your side of the aisle, they were 100 percent funded."
"Why I… I figured that we could blame Lee Daniels one more time for the… all the problems of the State of Illinois. He never seems to leave us and I… I would ask what he would do today, I'm sure he would probably vote 'no'. But I'm going to go right to the Bill. I was reading an article here by Kevin Huber in Crain Chicago Business, he's the Executive Director of the Chicago Teachers' Pension Fund. It's a very quick read, you can grab it online. And as he answers a series of questions… I know it's very loud here and if… Mr. Speaker, if I have to just wait until the Body is quiet then I'll do 09800068.docx 251 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 that. Thank you. Let me quote what he said. That 'A CPS pension holiday, which began in the mid-1990s, redirected or dedicated… redirected our dedicated revenue source, a property tax levy, into the CPS operating budget. This move cost the retirement plan about $2 billion. Additional pension', quote unquote, 'relief' granted in 2010 cost our fund and additional $1.2 billion. Call it a holiday or relief, but these euphemisms really mean that CTPF didn't receive enough money. Removing our guaranteed revenue source fundamentally changed the structure of our fund, knocked the pension equation out of balance, and set the stage for financial difficulties.' He said that we should learn from the past. Learn from the past. Well, the past is now upon us yet again. Years of neglect have created a hole that requires dedicated, consistent and meaningful revenue each and every year. And he says, in January, there can be no more pension breaks or holidays. Four months later, almost to the day, here we are. And I know that the Sponsor has worked very diligently on this legislation, not this piece. But think about it, Ladies and Gentlemen, the CTPF doesn't want this pension holiday. It's not a ramp. Let's call it pension getaway. The problem is now we'll let them get away with a few more years of relief that will cost our taxpayers all across the state more money. Call this the Chicago Teachers Pension Fund Bail Act Out of 2013. It also appears that this isn't going to become solvent anytime soon. How unfortunate here. Probably the last Bill of the session, by design. This issue hasn't been brought up for the entire session, not discussed, at least not in committee or on the House Floor. 09800068.docx 252 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 When you take that 1.2 billion that they got… their getaway with is now amateurized to 12.2 billion. Now, think of what this holiday will cost now. When will we learn? It never ends here. We talk about the definition of insanity is doing the same thing over and over again, expecting a different result. This pension holiday will probably work better than all the previous holidays. But I can tell you this, since 1997, this Body has been under Democratic control and all of the other holidays have occurred under your side of the aisle's watch. And for the last 11 years, the second floor's watch, as the Democratic Governors presided. I won't go back down memory lane and talk about how good the economic times were in '96 and '97, and how all the reforms from '95 were chipped away or almost disintegrated. But here we are again, expecting different results from the same solutions. It's simply amazing here and frustrating. I can't understand why we're bailing out the pension fund yet again. We talked earlier about the City of Elmhurst. They're not down here looking for a bailout. Only Chicago, every couple of years. And the Sponsor couldn't even tell us if they may be down here again in a couple more years. Un… unbelievable. I have to tell you… tell you that this will never end. And it's time for us to stop the insanity right now. Ladies and Gentlemen, let's stop bailing out the City of Chicago. Let's figure out the way to fix the pension system there, as well as the school system, and do it in a meaningful way, not at the eleventh hour."
"Speaker Madigan."
"Mr. Speaker, I move the previous question." 09800068.docx 253 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Gentleman moves the previous question. All those in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it, and the previous question is put. Representative Nekritz to close."
"Thank you, Mr. Speaker. You know, the process of governing is always about balance and… and trying to meet a variety of priorities. And say what you want, we are where we are on May 31st, with the Chicago Public School System facing a tripling of their pension payment in 30 days. A change from 200 million to 600 million, out of a 5… a total of a $5 billion budget. Now, we can stand here and pretend that a $400 million increase won't impact education, won't impact teachers, and that we're going to prioritize as… the pension payment above every other priority. But, Ladies and Gentlemen, that is not governing. That's being doctrinaire. Sometimes, we have to make some very difficult decisions and I keep saying we have to make decisions between bad and worse. And we have to… and I think in this instance, we have to pick bad. The alternative is worse. The alternative is to let them… is to require them to make that dramatic increase, and on top of the school closures and everything else that's… that's going on there and the difficult cuts that have been made, to force… force that on them in… on July 1. No time for phase in, no time for acclimating, no time for making decisions. Just July 1, you're tripling your pension payment. Again, I… I think that this is an unfortunate decision that we have to make but it is the right decision. I ask for your vote."
"Lady moves for the passage of Senate Bill 1920. All in favor vote 'aye'; all opposed vote 'nay'. The voting 09800068.docx 254 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Members, please record yourselves. Mr. Clerk, please take the record. On a count of 39 voting 'yes', 78 voting 'no', and 1 voting 'present', Senate Bill 1920 fails. Representative Monique Davis, for what reason do you seek recognition?" Davis, M.: "Mr. Speaker, I seek recognition to say the State of Illinois gives $20 billion to the TRS system annually. Chicago does not get that figure. It is wrong. Chicago isn't asking for any money in that Bill. They're merely asking for the opportunity to delay a year or two's payment out of a 46 year payment. We give $20 billion to the others systems, nothing like that to Chicago. It is not fair. I've said it for 25 years. It is wrong. This Bill should've passed."
"Representative Jackson."
"Mr. Speaker, I'd like for my vote to be 'yes' on House Bill 1189."
Speaker Turner: "The Journal will reflect your request. Representative Franks."
"Point of personal privilege, if I may."
"Please state your point, Sir."
"I'm concerned. It appears that seem to be winding down and I'm worried that we're not going to get to the most important issue facing the State of Illinois. And we heard the previous Lady talking about allowing Chicago schools to underfund their pension systems and she stated it's like choosing a bad decision over a worse one. Well, if we believe that, then we ought to consider, perhaps, voting on Senate Bill 2404, because I think leaving here without doing anything 09800068.docx 255 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 is the worst thing we could do. I… I think it'd be disgraceful if we did that. I think… personally, I'm embarrassed if we walk away tonight without having addressed the pension issue. I know the taxpayers are going to be disgusted with us and I feel for the taxpayers but more importantly, I… I fear for them. And I don't believe we should let this happen. I believe that we should stay here and address the pension issue, and nothing else is as important. Our pensions are at risk. Our credit rating's at risk. Our state solvency is at risk. And I'd ask the Governor, if he's here and he can hear us, that he ought to listen very closely. I think it's time for the Governor to step up. I think it's time for the Governor that he needs to do his job and I think it's time for the Governor to become relevant. I… I would ask the Governor to call a Special Session of the Legislature. He should not leave… let us leave until we get this done. And I think he should send the State Police to bring back any Legislators that may leave. I'm asking him to not to let this happen. And I believe that if we do leave and don't get this done, that we are negligent in our duties. I also think if the Governor doesn't call us back, he'd be negligent in his duties and he ought to consider resigning. 'Cause we've heard for three years that this is the most important issue facing the State of Illinois, but we have not had the meeting of the whole. We have not had what we need to have got done here on the House Floor. We have not seen the Governor. He has not done his job. And as a result, everyone in the state is going to suffer. Governor, please come to the floor. Please call a Special Session. Do not let this happen." 09800068.docx 256 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Representative David Harris." Harris, D.: "Thank you, Mr. Speaker, and I would like to echo what the Gentleman just said. And if I can draw your attention at noon today, approximately 12:11 this morning… or this afternoon, rather, Rueters news agency put out a report from Moody's Investor Services. And Moody's Investor Services, quote, warned that that State of Illinois, that it's credit rating could fall further if the Legislature fails to fix the state's huge public pension system. 'Our view', Moody's view, 'is that failure to enact pension reforms could drive the state's general obligation bond rating lower from A2… which is already the lowest level for a U.S. State', said the Moody's analyst. Ladies and Gentlemen of the House, if we are getting ready to adjourn, the Speaker of the House is going to stand up and he's going to tell us what we've done in this term. And you know, for the past two years, we have had some notable successes, and we could go home and we could… we could actually say that we have done something positive. But for the past two years, we've been talking about pension reform. Every one of us, I'd venture to say, campaigned on pension reform. This House took a tough vote and we passed significant pension reform, thanks to the leadership of the Chairman of the Pension Committee and the Speaker and the Minority Leader. We did it but for whatever reason, for whatever reason, we can't get both chambers in this General Assembly to agree on a Comprehensive Pension Reform Bill. And where is our Chief Executive? I haven't seen him. Somebody's got to break this log jam. You know, the fol… the people of the State of Illinois couldn't care less about a credit rating for the 09800068.docx 257 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 most part, it's kind of like the national debt. It's out there and you don’t really think about it. But we know what a credit rating is. We know what a laughing stock we are because we have an A2 credit rating. It's a disgrace. This needs to be fixed. It needs to be fixed now. If it's a Special Session, make it happen in a Special Session. If it's a last minute deal in the last four hours, make happen. It's got to happen. The Gentleman who spoke before me was absolutely right. We… if we leave here tonight and do not have comprehensive pension reform, it's an embarrassment to this chamber. It's an embarrassment, more so, to the… the entire General Assembly and we should all be ashamed."
"Mr. Clerk."
"Members should now have the fall Veto Session schedule on their desks."
"Representative Greg Harris." Harris, G.: "Ladies and Gentlemen, I rise for a point of personal privilege. I rise in regard to the marriage equality legislation. On Valentine's Day, the Illinois State Senate followed down the path to make the State of Illinois the next state in our union to recognize marriage equality. Our President, Barack Obama; our past President, Bill Clinton; our Governor; the Mayor of Chicago, Rahm Emanuel; both of our United States' Senators, Mark Kirk and Dick Durbin, have so far did this. The Speaker of the House, the Attorney General, the State Comptroller, and many of the Members of this House have stood for fairness and equality. The editorial boards of our major newspapers and thousands of proud Illinois families have risen to support marriage equality as well." 09800068.docx 258 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"Order in the chamber or everyone in the gallery will be removed. Order in the chamber, or everyone in the gallery will…" Harris, G.: "Okay."
"…be removed from the chamber." Harris, G.: "When I took the Oath of Office, along with all of you who sit in this chamber, we swore to uphold, defend and protect our Constitution and the democratic process by which our nation functions. Part of that process is the need to have a Majority vote to change the law and when you change the course of history, I believe that should be a substantial Majority. As Chief Sponsor of this legislation, decisions surrounding this legislation are mine and mine alone. Several of my colleagues have indicated they would not be willing to cast a vote on this Bill today, and I've never been sadder to accept such requests. But I have to keep my eye, as we all must, on the ultimate prize. They've asked for time to go back to their districts, talk to their constituents, and reach out to their minds and hearts, and have told me they will return in November with their word that they're prepared to support this legislation. And I take my colleagues at their word that they shall. We will be back and we will be voting on this Bill in this Legislature, in this room. Until that day, I apologize to the families who were hoping to wake up tomorrow as full and equal citizens of this state. But… but I will… but I will close… I will close by quoting the man whose picture is above the House chamber. 'Fellow citizens', said President Abraham Lincoln, 'we cannot escape history. We, of this Congress and this administration will be 09800068.docx 259 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 remembered in spite of ourselves. No personal significance or insignificance can spare one or another of us. The fiery trial through which we pass will light us down in honor or dishonor to the latest generation.' Thank you."
"Representative Mell. Representative Mell."
"Mr. Speaker, I rise in point of personal privilege."
"Please state your point."
"There's been a lot of talk about gay marriage in this chamber these last few months, and… and I have one. Kristen and I went to Iowa and were legally married there 20 months ago, followed by a ceremony in our church in Chicago. Our marriage is recognized as a marriage in Iowa. Here in Illinois, it's a civil union. Now there's been some hurtful and mean things said about our marriage, says it will cause a destruction of society, that we are harmful to children. They say we are abnormal and immoral and that's some of the nicer things that they've said about us. So, I'd like to take a moment to tell you about our marriage. Kristen and I have been together for nine years. We own a home. We're active members in our family. We have a great group of friends. We are godmothers to our nieces and nephew. We go to the soccer games, baseball games, recitals, birthday parties. We host sleepovers and the kids always… always love coming to Aunt Deb and Aunt Kristen's house, and they were absolutely thrilled to take part in our wedding. Kristen's family lives out of town, so we usually spend our holidays, vacations with them. And when my mom passed away, Kristen's mom became my mom, and Kristen is family's my family. And Kristen has this 86-year-old granny and you guys would love her. She's from 09800068.docx 260 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 southern Virginia. She's amazing and I'm blessed to have her in my life. During the week, I make the coffee, Kristen does on the weekends. I do the laundry, she does the dishes. I cook, she eats. Kristen has this amazing ability to call me three minutes after I leave a grocery store to tell me something she forgot that she needed me to pick up. She puts up with my spontaneous home improvement projects, which usually require calling a professional in to finish the job. Kristen drives me absolutely nuts at times. She can be very stubborn, but it's usually me who's driving her crazy. I tend to worry a lot and complain. We try our best to take care of ourselves. We try to eat right and exercise. We like to go running together. On Sunday mornings, you'll find us at a church, All Saints Episcopal, in Chicago. On Sunday nights, you can find us on the couch, we like to watch the Good Wife, Downtown Abbey. We are both fully employed. We give to charity. We save for our retirement. We pay our bills and we pay our taxes. Now, these past 11 months, our vow of in sickness and in health has been tested with my breast cancer diagnosis, double mastectomy and reconstructive surgeries, and Kristen has been my spouse in the truest sense of the word. Among many things, she was by my side for three days in the hospital. She woke up all hours of the night to take care of me. And every day for two weeks, she emptied these drains that came out of my body 'cause I just didn't want to look at them. And today, sometimes, I'm still in a little bit of pain and I get down and I get scared that the cancer's going to come back, and Kristen grabs my hands and holds my hands and tells me how we're going to grow up and be little old ladies 09800068.docx 261 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 together. I love my wife and this is our marriage. This is our gay marriage, our same-sex marriage, our marriage. And I hope by telling you these personal details of our marriage you can see that we are more alike than we are different and at the end of the day, Kristen and I want what you want. We want security. We want good health. We want to be surrounded by our friends and family. We want to watch our nieces and nephew grow up and have their families. We want to grow in our faith. We want to leave this world a little better than we found it and in turn, we pray that life continues to be kind to us. And today, we were hoping that our state could give our union the highest recognition that society gives two people who want to build a life together, and that's marriage. And so, I'm disappointed, obviously, but this vote will be taken and when it does, I'm asking you, my dear colleagues, I love and respect each one of you and I'm asking you, do not side with the people who say that Kristen and I are evil or we don't care about family or we don't care about the institution of marriage because nothing can be further from the truth. But I ask you to, you know, hit that green button because… and hit it for love, hit it for equality, and hit it because we are more alike than we are different. Greg Harris, I love you. Kelly. Sam. Thank you very much."
Speaker Turner: "Thank you, Representative. Representative Sullivan."
"Thank you, Mr. Speaker. For the purpose of an announcement."
"Please make your announcement, Sir." 09800068.docx 262 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013
"My announcement couldn't come at a worse time, but I've been asked to make it by the Chief of Staff. But before I do, I want to say to my friend, Greg Harris, Greg, keep your head up. The sun will set and rise in the morning and your noble fight will continue. After we leave here today, Ladies and Gentlemen, as you know, I am the person that has put together the after-Session events, will be at Donny's Homespun, Vinegar Hill Mall on 1st street, directly behind the Capitol. Food will be served. Thank you to Kristen Milligan on my staff for organizing this and thank you to our sponsors. And we hope that we see you all there later."
"Leader Cross."
"Thank you, Mr. Speaker. I realize that… gone from a rather emotional moment to seg… seguing into the end of session and it is sometimes a good moment, sometimes a not so good moment. But it is the reality of what we do that we've come to the time where we conclude session and make some acknowledgements and talk about what's gone on and what hasn't gone on. I could not proceed without properly acknowledging the people on our side, not only our Members, obviously our Members, but our staff. And we, I think, oftentimes in this Body, and in what we do, take our, the folks that work with us, for granted. And I watch the… the men and women on our side of the staff, and I think it's the same for yours, Speaker, I know it is, work tirelessly and are… they're dedicated and they're bright and they're capable and they're caring and they're compassionate, and I'm not sure when they sleep but they are incredible people. And I think I want to say on behalf of the House Republicans to our all of our staff led by Scott 09800068.docx 263 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 Reimers, thank you for all that you do. We're very fortunate. And that applies to the Democrat staff as well. You are also very, very good. It is amazing that on a number of issues when we work together as Members and staff that good things can accomplish, be accomplished. And if you think about this session, and on a number of issues, there were some good things that happened. We've heard today from Brandon Phelps and Dennis and Mike and Eddy, and… and so many other people, incredible work on the Concealed Carry Bill. David Reis and Mike Bost and Adam Brown, very, very hard workers on a number of economic development issues from the fracking Bill to the fertilizer plant in Tuscola. Laura Roach was so very helpful on the fracking issue from our side. We passed some language in… in a Bill dealing with the farmland assessment program. David McSweeney, you have been an incredible force on financial issues and we may, who knows, next year if we're lucky, vote on whether or not we should have a Lieutenant Governor in the State of Illinois. And I think about people like Tom Demmer and Ron Sandack, who've said we need to push the issue of transparency. And Elaine Nekritz and Darlene Senger, Speaker Madigan, Daniel Biss, did a great, great thing, at least in this chamber, on pensions. Mike Mahoney and Andrew Freiheit, your work on pensions was incredible. But on the financial side, and I realize there are issues out there for folks depending on… on those issues and they're important to so many people in different ways, but on the financial side, as much as we want to go around and take the victory lap, there's some things that did not happen… that happened in this building that are not good. And the fact 09800068.docx 264 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 that we have increased spending by over almost $2 billion in this year's budget means that our unpaid bills will still be at seven and a half billion dollars. How do we ever get out of this mess? And for all practical purposes, the action that happened the last day, or day and a half, on the budget codifies, cements, almost, I would argue locks in stone, the tax increase. It will almost be impossible to get out of that given this thirst and an appetite for spending that doesn't seem to be able to be taken and put under… get under control. It's mind boggling. We got in this mess 'cause you couldn't control your spending. We thought maybe we were getting out, but along comes this year and we go back into the same old way of thinking and we increase our spending by $2 billion. And then on top of that, and David Harris alluded to it, and… and others did today, we are literally going to leave this place and not do pensions? I think I… I feel like I'm hearing the same speeches tonight that I heard a year ago. In fact, I am hearing the same speeches that I hear… heard a year ago. It's… it's as if we took this House, put a fresh coat of paint on it, put a new door, maybe some new bushes, some shutters, and it really looks pretty, but the foundation is crumbling. And that's what's happening in the State of Illinois. Our foundation has… is crumbling to a point of, perhaps, not being able to be saved. We throw numbers around like there's no big deal. We all know that by not doing pension reform it costs us $17 million a day, a day. We shouldn't be worried about whether or not Moody's is going to downgrade us, we should worry about how hard they're going to laugh at us. We had a Bill that passed out of here today… yesterday that re- 09800068.docx 265 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 appropriated or authorized the ability to sell bonds for $2.7 billion. Selling bonds? How are we going to sell bonds? What's it going to cost us to go borrow money because we haven't done the only thing on the financial side that we needed to do, was pensions. Now, we're going to pat ourselves on the back and say we did pension reform, that we did a great thing and we ought to be proud of the fact that it's not our fault, it's that fault… it's the fault of the people of the other chamber. And I guess to a degree that there's some accuracy to that, but the reality is it doesn’t matter what we did or do if we don't do it together with the Senate. And I know it's easy to blame the Governor and he's an easy target and I… I may seem a little out of line as a Republican Leader, but I got to tell you, I don't want to look to the Governor to fix this, I look to the Members of the Illinois General Assembly to fix pensions and to fix this problem. This Governor, for whatever faults he has, didn't necessarily… didn't cause this mess. It's General Assemblies before him, Governors before him. We need to do it. And by not fixing the pension problem, we can forget about taking care of public education. We talked about that today. Early childhood, higher education, law enforcement, corrections, social services, human services, seniors. What you want to fix windy roads? Ain't going to happen. Worried about those bridges that are falling down around the country? We not going to fix ours. We are a laughing stock in the country if not the world. And we sit here, about to leave at 7:30, and we're all going to go home and we're going to hear about all the great things we've done, and the only thing on the financial side that 09800068.docx 266 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 matters, we're going to leave and we're not going to do it. It is mind boggling to me. For three years we've talked about pension reform. For three years. Oh, we're going to do something, ah, we got to… ah, we got to fix pensions. Oh, if we don't fix pensions the world's going to come to an end. Well, it's coming. It's coming, and we need to get it done. And I have seen in this building, when people really want to get something done, it gets done. When people really want to get something done, it gets done. Mr. Speaker, you have been seen as, and described as, the best chess player in the building. A master, brilliant, ten steps ahead of everybody else. And when you want to get something done, you always seem to find a way to get it done. And I say that with the upmost respect for your ability, both politically and policy- wise and otherwise. I don't know why we haven't done pensions. I don't get it. But as I said a minute ago, if you want to get it done, it gets done, and when there's a will, there's a way. And I certainly hope there's a will in this building, not in just this chamber, but in this building, to get pensions done. We have got to quit playing games. We've got to quit being Supreme Court justices. We've got to quit opining on what's good and what's bad. I have never seen so many people opine on a piece of legislation on whether it's constitutional or not. Seems like a real good excuse for not doing pension reform. Everybody knows. Everybody knows that whatever we do is going to end up across the street. Let's do something and send it across the street. So, I… I don't want to take away from the successes of this… of this session, and I want to thank everybody that worked so hard. And I want to 09800068.docx 267 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 applaud you, I want to acknowledge you, and you should be pleased with some of the good things that have happened. But none of that matters if we don't do this. That house can look really good, but it's going to just continue to crumble and it's just going to fall down. Fresh coat of paint or not, it's crumbling. Mr. Speaker, thanks for the time. And to all the House Republicans and the Members on the Democrat side, it's not an easy job. It's gotten tougher. No one's happy and… and we have got to make some tough decisions and we've made some tough decisions, but we've got more work to do. And I'm tired of the excuses. Those days are… are well past us. It's time to be done with this issue. I don't care if it's a Special Session. I don't care if we stay here and not leave. I don't care how we do it, but we've got to do it. And we have to do it today or yesterday, 'cause $17 million a day is nothing to laugh at. So, Mr. Speaker, thank you very much for the time."
"Speaker Madigan."
"Mr. Speaker and Ladies and Gentlemen of the House, I'll be very brief. I just wish to thank everyone: every Member, every staffer, every person who helped us navigate our way through the last three to four, five, months. Obviously, this is a session where we have not enjoyed a great deal of success. That's very obvious. However, that doesn't mean that we're going to walk away from our responsibility. It means, as Leader Cross said, that huge problems remain. And what we are going to be called upon to do is to give as much effort and dedication to the solutions of those problems as we go forward as we have in the past. I don't think that we should 09800068.docx 268 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 68th Legislative Day 5/31/2013 take our lack of success today as a reason to give up. I think we ought to rededicate ourselves to the task at hand. We're all available when needed, and I think I speak for all of us that we will remain dedicated to the task at hand and we're available to take the tough votes, as we did in the House. So, again, thank you to everybody, Members, staff, whoever it may be. I move that the House stand adjourned to the call of the Chair."
"And now, allowing perfunctory time for the Clerk, Speaker Madigan moves that the House adjourn until Tuesday, October 22, at 12 noon or the call of the Chair. Seeing no objection, the House is adjourned." 09800068.docx 269