"The House will be in order. Members will be in their chairs. We shall be led in prayer today by Fred Robinson who is a member of the St. Katherine Drexel Parish Church in Springfield. Members and guests are asked to refrain from starting their laptops, turn off all cell phones, and rise for the invocation and Pledge of Allegiance."
"In the name of the Father, the Son, and the Holy Ghost. Amen. Almighty God, source of all life, we pray this morning for our Leaders and ourselves. May Your presence be felt in this Assembly Session, and may Your spirit guide us as we counsel together in mutual trust and care. Help us to turn our thinking outwardly, that we may see more clearly the needs of our people. Push us to enlarge our views, to understand and care for more than the interest of people we know. Open our hearts to the needs of the multitude we do not know. Help us to keep in mind, as we labor here, the needs, hopes, fears, and pains of people; the homeless, whose bedrooms are in the street; the poor, the unemployed, and the children who live in fear. Grant us patience with each other that all may be heard, and the better and best solutions shall prevail. Gracious God, we ask that You increase our perception and direction to the high purposes for which we are here. Grant to us, at this time, power of wisdom, people sensitivity, and understanding of present day trends and directions. Cause us to bring to this floor, minds rich in perception and creativity. Give us open hearts that are rich in imagination and courage. Help us to face each task with open minds and deep concerns for making life richer and fuller for us all. Inspire in us the will and determination to find 09800114.docx 1 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 answers for the crying needs of humanity. Bind us together, Lord, in service of people, Amen."
"We'll be led in the Pledge today by Representative Lilly." Lilly – et al: "I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."
"Roll Call for Attendance. Leader Currie."
"Thank you, Speaker. Please let the record show that Representatives Drury and Jones are excused today."
"Leader Bost."
"Thank you, Mr. Speaker. Let the record reflect that Representative Tryon is excused on the Republican side of the aisle today."
"Mr. Clerk, please take the record. There are 115 Members present and the House does have a quorum. The Chair recognizes Mr. Unes."
"Thank you, Mr. Speaker. I rise for a point of personal privilege."
"Please proceed, Sir."
"Mr. Speaker, with us today are two very special guests. I'd like them to both rise. Behind me, in the gallery, we have from the City of East Peoria, the mayor of the City of East Peoria joining us in the chamber today and visiting the City of Springfield. And also, along with him is the city planner, Ty Livingston from the City of East Peoria. Please welcome Mayor Dave Mingus and Ty Livingston."
"Welcome to Springfield. Representative Scherer." 09800114.docx 2 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"Thank you, Mr. Speaker. I rise on a point of personal privilege."
"Please proceed."
"I have a young man here, his name is Britton Swaine, and he is a junior at Rochester High School and he is job shadowing. And I guess he's kind of job shadowing me today. Let's give him a round of applause."
"You'll have a very busy day, Sir. Representative Pihos."
"Thank you, Mr. Speaker. I would like to introduce to the House Members, Lorelei Dean, who is a 10-year-old, fourth- grade student from Sun Prairie, Wisconsin. She attends Eastside School and she's here with her grandmother, Gail Fromer from Lombard, Illinois, and her six-year-old sister, Sophia."
"Welcome to the House Floor. Members, on page 26 of the Calendar, under the Order of Resolutions, there appears House Joint Resolution 86. Mr. Brown."
"Thank you, Mr. Speaker. I ask for a designation under HJR86 to honor Sheriff's Deputy John D. Landrum, who was killed in the line of duty 25 years ago. I ask for a brief moment of silence in his honor, as well. Thank you."
"Let… let's move on the Resolution first, Sir. Do you have other comments you wish to make? 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? Acevedo, Brady, Crespo, Hernandez, Meier, Senger. Please take the record. On this question, there are 115 voting 'yes', 0 voting 'no'. And the Resolution is adopted. And now, the House 09800114.docx 3 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 will take a moment of silence. Thank you, Mr. Brown. The Chair recognizes Mr. Moffitt."
"Mr. Speaker, I rise to a point of personal privilege."
"Please proceed, Sir."
"If I could have the attention of the House."
"The Members of the House will give Mr. Moffitt their attention."
"I'd like to ask the Body if you would stand for a moment of silence. There was another tragedy for our military yesterday with the losses of soldiers at Fort Hood, four dead and then several others still injured. It's a reminder of the price that our military pays, not just when they're serving overseas, but even in the United States. And we need to keep remembering what they're doing for us and they're paying a big price. Remember their families and those lost soldiers and injured soldiers, and their friends. So, if we could have a moment of silence in respect for them, I'd appreciate it. Thank you."
"Thank you, Mr. Moffitt. Members may be seated. Mr. Clerk."
"Committee Reports. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules reports the following committee action taken on April 03, 2014: recommends be adopted, referred to the floor is Floor Amendment #4 to House Bill 4418, Floor Amendment #2 to House Bill 5686. Representative McAsey, Chairperson from the Committee on Economic Development reports the following committee action taken on April 03, 2014: recommends be adopted is Floor Amendment #1 to House Bill 5819." 09800114.docx 4 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"On page 24 of the Calendar, under the Order of Constitutional Amendments-Second Reading, there appears HJRCA 51. Mr. Clerk, please move this to the Order of Third Reading, and please read it for a third time."
"House Joint Resolution Constitutional Amendment #51. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEEIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to add Section 11 to Article IX of the Illinois Constitution as follows: ARTICLE IX REVENUE SECTION 11. TAX FOR EDUCATION Notwithstanding subsection (a) of Section 3 of this Article, and in addition to any other tax, a tax shall be imposed on individuals in an amount equal to 3% of income greater than $1,000,000 for the taxable year. All revenue collected pursuant to this Section shall be distributed to school districts solely on a per pupil basis. The General Assembly by law shall provide for the implementation and enforcement of this Section. SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act and applies to taxable years beginning on or after January 1, 2014. This was Third Reading 09800114.docx 5 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 in full of House Joint Resolution Constitutional Amendment #51."
"Please leave that on the Order of Third Reading. The Chair recognizes Mr. Anthony."
"Thank you, Mr. Chairman. I rise as a point of personal privilege."
"Please proceed, Sir."
"Today, I have with me Kate Warning from my district in Minooka. She's Paging with me today. And her mom, Deb, is in the gallery. Welcome them to Springfield. Thank you."
"Welcome. Happy to have you with us. On page 25 of the Calendar, under the Order of Constitutional Amendments- Second Reading, there appears House Joint Resolution Constitutional Amendment 52. Mr. Clerk, will you please read this in full for the second time."
"House Joint Resolution Constitutional Amendment #52. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend Article III of the Constitution by adding Section 8 as follows: ARTICLE III SUFFRAGE AND ELECTIONS SECTION 8. VOTER DISCRIMINATION No person shall be denied the right to register to vote or to cast a ballot in an election based on race, color, ethnicity, 09800114.docx 6 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 status as a member of a language minority, national origin, religion, sex, sexual orientation, or income. SCHEDULE This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act. This was the Second Reading in full as amended of House Joint Resolution Constitutional Amendment #52."
"Please place this on the Order of Third Reading, Mr. Clerk. Members, we're going to start to go down some of your priority Bill items. The first item on the list is House Bill 4122, Representative Golar. Representative Golar. Out of the record. House Bill 4205, Representative Moeller. Representative Moeller. Do you wish to move this Bill to Third Reading? Please read the Bill, Mr. Clerk."
"House Bill…"
"Show her the signals, guys."
"House Bill 4205, a Bill for an Act concerning finance. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 5567, Mr. Phelps. Mr. Phelps. Out of the record. House Bill 4660, Mr. Smith. Out… You want to move the Bill, Sir? Please read the Bill."
"House Bill 4660, a Bill for an Act concerning revenue. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 4781, Mr. Welch. Please read the Bill." 09800114.docx 7 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"House Bill 4781, a Bill for an Act concerning corrections. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 5869, Mr. Yingling. Mr. Yingling. Out of the record. House Bill 5085, Mr. Leitch. Mr. Leitch. Please read the Bill."
"House Bill 5085, a Bill for an Act concerning agriculture. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Mr. Leitch wishes to take the Bill out of the record. House Bill 5464, Mr. McAuliffe. Please read the Bill. Excuse me. I called the wrong Bill. Let's back up, Mr. Clerk. That's House Bill 5464, Mr. Rosenthal. Please read the Bill."
"House Bill 5464, a Bill for an Act concerning safety. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #2, offered by Representative Rosenthal, has been approved for consideration."
"Mr. Rosenthal."
"We need… we need to adopt the Amendment, Mr. Speaker. This has went back to the House Ag Committee, and the Amendment would… excuse me… amends the Pesticide Act to provide that certification under this Act shall remain valid only if an applicant attains license for a pesticide, be it a registration, during the calendar year in which the certification was granted and the license is maintained throughout the three year certification period. This is a…" 09800114.docx 8 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"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. Members, we're going to be taking some Third Reading Roll Calls now. Please listen for your name and let's keep the debate orderly. The Chair recognizes Mr. Davis." Davis, W.: "Thank you, Mr. Speaker. A point."
"Please make your point, Sir." Davis, W.: "Ladies and Gentlemen, I just want to acknowledge a couple of people from my district who are working here in Springfield today. First of all, you may have seen Sydney Holman. She's a legislative intern on the Research and Appropriation Staff. And we're pleased to have her younger brother, Caleb Holman, here, who is Paging for the day. Caleb is a junior at Homewood Flossmoor High School. Both are constituents in my district. Please welcome them and, hopefully, let this… let this young man make a little money today. Thank you."
"Thank you. Welcome aboard. Mr. Evans."
"Point of personal privilege."
"You may proceed."
"I just want to acknowledge a Page that's from my district… really close to my district. It's actually my younger brother, Johnny Davis. He'll be Paging today, so put him to work."
"We can do that. The first Bill on Third Reading we're going to call is House Bill 5592, Mr. Andrade. Please read the Bill." 09800114.docx 9 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"House Bill 5592, a Bill for an Act concerning public employee benefits. Third Reading of this House Bill."
"Mr. Andrade. Mr. Andrade."
"Thank you, Mr. Speaker. This Bill… this amends the initial… Illinois Municipal Retirement Fund Article of the Illinois Pension Code and the provision authorizing the election of a reversionary annuity. It deletes the requirement that the election be made at the time retirement annuity begins and provides the election is irrevocable. This Bill will help a lot of people and it gives… actually, this pension Bill is actually a good Bill that actually helps the Members. So, I ask for a 'yes' vote or for any questions."
"Those in favor of the Gentleman's Bill will vote 'yes'; opposed 'no'. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Franks. Mr. Martwick. Representative Wheeler. Please take the record. On this question, there are 115 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4734, Representative Cloonen. Please read the Bill."
"House Bill 4734, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Representative Cloonen."
"Yes. This Bill just allows for the local military affairs' groups to hold the housing for the veterans at Marseilles and Camp Lincoln and the other facilities. And it takes it from the federal to the state, but there's no financial basis on it. I urge an 'aye' vote." 09800114.docx 10 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"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. Reboletti. Thank you, Sir. On this question, there are 115 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5660, Representative Conroy. Please read the Bill."
"House Bill 5660, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Representative Conroy."
"Thank you, Speaker and Members of the House."
"Just suspend your comments for a moment."
"HB5660 removes the mandate that DCEO conduct a coal marketing and education program for children. This program is paid for out of taxpayer funds through a utility bill charge. DCEO provides a teaching/training curriculum web… a website and coloring essay contest focused on coal… on coal and coal mining. DCEO recently conducted an outside evaluation of this program which found that the program was outdated, contained… contained inaccurate scientific information, and should be withdrawn from use. DCEO is neutral on this Bill. Rather than spending funds to redo this program, I have sponsored this Bill to remove the requirement that DCEO conduct this program. This does not mean that those who have coal as a priority cannot continue to teach it. We have many energy sources in Illinois, not only coal but gas, nuclear, geothermal, solar, wind, and many more. Today's children will need to learn critical thinking… need to use critical thinking to make decisions about our energy resources. They are going to have 09800114.docx 11 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 to learn to conduct a… conduct a full examination of economic and environmental benefits. The future of our state is not served by a curriculum that only promotes one energy source. I urge a 'yes' vote."
"Lady moves for the passage of the Bill. Chair recognizes Mr. Reis."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, this Bill had quite a bit of debate in the Energy Committee. I find that the Energy Committee usually promotes energy, but can you tell the Body where you got this Bill?"
"This Bill came from the Sierra Club. And there was quite a bit of debate in committee and I would say that was provoked a little bit by the proponents of the Bill and that they got off track. The reason for my sponsorship of this Bill is simply to remove an education mandate in terms of teaching coal education. It goes no further and I, in no way, intend to impede anything in… in regards to the coal industry."
"Well, that's a very fair answer and… and there was a couple times I felt you were even embarrassed. Ladies and Gentlemen of the House, to the Bill. The Sierra Club came to the Body with this because the Sierra Club doesn't like carbon fuels. We've spent about $75 thousand on this plan. The coal industry has some very good stories to tell, both in mining, safety, land reclamation, and the use of coal in Illinois with our new coal-fired power plant, scrubbers and stuff that are being implemented. We have a great, great story to tell. And this is simply a little bit of money that helps educate our 09800114.docx 12 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 teachers so that they can educate our students as to the good things that are going on. Yes, there's wind energy. Yes, there's solar. There's some other things going on that are exciting as well, but coal has had such a bad rap for a few years and they've turned that around. So, for the Sierra Club to come and try to take this money away, it's just wrong. They have an agenda. They don't like carbon fuels. And I think a 'no' vote is deserving here so that we can continue to educate our teachers, so that they can continue to educate our children as to the good aspects of coal. We have more coal in Illinois, BTU power, then all of Saudi Arabia. So, let's figure out how to mine it safely, use it safely… And I think this program helps educate our children about this. I encourage a 'no' vote."
"Ladies and Gentlemen, we have five speakers on this Bill, which is on Short Debate. I'm going to remove it from Short Debate, but I will put the two-minute timer on each of the speakers. The next person wishing recognition is Representative Fine for two minutes."
"I have a question for the Bill's Sponsor."
"Sponsor yields."
"There… as Representative Reis had mentioned, there are many other sources of energy in the State of Illinois. Does DCEO fund any other programs that teach about any other energy sources?"
"No, it does not."
"Thank you. I fully support this Bill because I believe it's very important that our students learn about all the energy sources that are offered in the State of Illinois." 09800114.docx 13 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"Representative Ives."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Does this Bill, in any way, absolutely take away the money that would be used for any type of education related to energy?"
"This takes it away from the coal education piece and again, this just takes the mandate away. It can still be taught in the schools if people… if districts choose to continue to teach it, but it just simply takes the mandate, requiring it be taught, away."
"How about the actual funds? What, $116 thousand or something like that? Does it strip them of the funds to actually do the education?"
"Yes, it does."
"It strips them of any funding for any education related to coal?"
"Related to coal… from this program, yes."
"Well, then, can they use the other… the money to do wind farms?"
"I think we would… it would be nice to see a comprehensive energy plan, perhaps, and I think that would be something that could also come through DCEO. And these funds could, perhaps, going forward, be used for that. At this time, this Bill simply takes the funds and removes this mandate."
"Are the funds still there to provide for some educational opportunity with energy, period, just the… get rid… gets rid of the mandate on coal education?"
"This simply takes the mandate away." 09800114.docx 14 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"But the money is still there to be used for coal, or nuke, or gas, or wind, or solar?"
"Correct."
"Okay. So, they can still use it for coal education, it's just not a mandate anymore?"
"They no longer can mandate the education of coal in schools."
"They can't mandate it, but they could select it, if they choose?"
"Correct."
"Correct. Okay. And then, who decides which educational opportunity is going to be… or program's going to be used? Who makes that decision in DCEO?"
"DCEO wouldn't make that decision. That would be made by the individual school districts, if they chose to continue to teach it."
"So, if you're in southern Illinois, in a coal industry, you can decide to use whatever grant money for coal education, if you want to?"
"Representative Ives, your time has expired."
"Okay."
"Can you bring your remarks to a close?"
"They can… Yes. They can use the resources, the materials that are currently available. Correct."
"Okay. Thank you."
"Mr. Bost."
"Thank you, Mr. Speaker. To the Bill. Ladies and Gentlemen, let me… let me explain to you that I come from an area that has seen a tremendous amount of devastation in the lack of 09800114.docx 15 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 jobs because we… we lost many of our coal jobs. DECO (sic- DCEO) and… and many others have worked with the coal industry as we've moved forward with clean coal technology, working to provide an opportunity for coal to be used to provide for our heating, for our energy needs. And it is only sensible that we would allow our children to have the opportunity to understand exactly how important this particular fuel is. That doesn't mean you're against other fuels. It simply says that… that this is something that we, the State of Illinois, have right here; that we, the State of Illinois, can provide jobs in; that we, the State of Illinois, can reduce our overall cost of running our households by using this type fuel. I believe that children should be educated in this manner. Not only that, but maybe they should be educated about the history of how devastating it can be when government overreaches in a case of some groups that might not agree with the use of fossil… fossil fuel but… but then, devastates whole communities. It doesn't matter whether you're on that side of the aisle or this side of the aisle, if you've watched this occur over the last 40 years, you'll understand how detrimental this has been. And this doesn't automatically say… force us back into using unclean fuels. It simply educates our children. And not only that, it can educate them in a way that they could come up with themselves with ideas and beliefs and uses for this fuel that would be beneficial to the State of Illinois. But just because one particular group throws up its hands and says, oh, we are adamantly opposed to fossil fuels, then let's remove this from the education guidelines that were set forth by other Members of 09800114.docx 16 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 the General Assembly in years past. I don't think it's the right way to go for jobs, for ideas and beliefs here in the State of Illinois. I would encourage a 'no' vote."
"Representative Cassidy."
"Thank you, Mr. Speaker. A couple of questions of the Sponsor."
"Sponsor yields."
"How is this program funded? What is the source of funding?"
"It's through… through taxpay… there's dollars that go in… tax dollars that go into DCEO and they use those dollars for this program."
"And… what tax, in particular? Are you aware?"
"It is… hold on one second… a utility bill charge."
"So, consumers pay it as part of their utility bills?"
"Correct, yes."
"So, it's part of our rising utility cost?"
"Yes. Rising utility cost. Correct."
"Within the program, is there special training for teachers to… to…"
"It's done through kits. They also have a training program once a year where they bring teachers, too, to teach them about the program. That is optional."
"And how are… how do they… how are the teachers trained on this program?"
"They go to a day-long seminar."
"A three-day retreat?"
"Yes." 09800114.docx 17 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"So… so, these funds from my utility bill are… are, in part, used for a three-day retreat?"
"That is correct."
"Okay. And are you aware if the program has been evaluated in any way?"
"They have evaluated this program and they believe that it's… they have said that they think it's outdated, DCEO has."
"And do you know what the cost of that evaluation was?"
"I don't have that information."
"According to DCEO, there was an additional $116 thousand paid to evaluate the program. And these professional evaluators found that the program was outdated. Correct?"
"Correct."
"To the Bill. This is not about being procoal or anticoal. Many of us do recognize that our state is… is a coal state and… and that coal is part of our history and our reality. However, in these times where we are talking about massive cuts to… to programs, where we are talking about cuts to classrooms, where we are… each one of us getting these utility bills with sticker shock after the winter we've been through, I don't believe that spending money on something that isn't comprehensive, talking about all the forms of energy that we could produce here in Illinois, is a wise use of our dollars. And I strongly urge a 'no' vote, or, a 'yes' vote. Sorry."
"Straight now, Representative? You have that all straight? Representative Nekritz."
"Thank you, Mr. Speaker. To the Bill. We have a lot of educational mandates that we impose in the Illinois General 09800114.docx 18 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 Assembly. But those, I believe, are all in the education Article and there… there are none others, that I'm aware of, that would be through the Department of Commerce and Economic Opportunity. And I think if we're going to impose educational mandates, they ought to be in the Education Code, not in our Economic Development Code. And the… and I would echo the remarks of the previous speaker that at a time when we are pinching every penny and worried about cutting programs, funding programs that do not treat all areas of economic development and energy in the State of Illinois equally, I think is inappropriate and we need to revisit this, as the Sponsor is asking us to do, to make sure that we are taking… taking account of all forms of commerce and economic opportunity and the impact that energy has on that in the State of Illinois. This is a program that, I know, puts out calendars. And it's… and again, this is not the kind of thing we want to be, as Members of the General Assembly, I think, walking around and saying, look, this is what your tax dollars… your utility dollars are being spent on, our calendars that can be distributed through… through the schools and… and I don't know what value that adds to the education of children. So, I think this a… a Bill whose time has come. And I appreciate the Sponsor's efforts to get it passed. I urge an 'aye' vote."
"Mr. Davidsmeyer."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Do you know how many jobs we've lost in the past decade because of the attack on coal?" 09800114.docx 19 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"Representative, what I would tell you is that I don't have that information. And again, this is not an attack on coal or an attack on jobs in the coal industry. This is simply removing the mandate from teaching an outdated coal energy education program in our schools."
"The goal of this program is to actually teach the reality of coal. Just outside of my district, we lost almost 100 jobs just this past year because of an attack on coal. Do you know what FutureGen 2.0 is?"
"It's an energy source. I'm not that familiar with it."
"It's a clean coal project…"
"Correct. Yes."
"…that is recognized internationally for the use of coal to… Using current technology, current uses, and putting it all together, we're going to have people coming to the State of Illinois to see this great technology. And I think this is precisely what we need to make sure that people in our own state know the reality and know the use of coal and what we can do. Do you know what percentage of our energy production, right now, is… comes from coal?"
"A large majority."
"A lot of it. Yeah."
"Yes."
"A good amount. So, I think we need to make sure people understand where our energy's coming from and I think that's the goal of this… this program."
"I would agree with you that… but there are many other energy sources. And just as coal is going toward a clean way of providing the energy source, we have other areas that are 09800114.docx 20 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 also doing that. And I think coming from someone who has four sons, I think it's important that our students are learning all of the possibilities in the energy industry in… in the schools."
"And those other areas are being talked about on a daily basis because they're new technologies. It's the things like this that are…"
"They are… they're not being…"
"…propping us up on a daily basis."
"They're not being funded by a utility bill… your taxes on your utility bill though."
"And… and that's an awareness of where your…"
"Mr. Davidsmeyer, your time has come to a close."
"…energy comes from. Thank… thank you, Mr. Speaker."
"Will you complete your remarks, Sir? Thank you." Davis, M.: "Thank you, Mr. Speaker. I urge a 'no' vote."
"Thank you. Mr. Harris." Harris, D.: "Thank you, Mr. Speaker. Ladies and Gentlemen, to the Bill. Coal is bad, right? Coal spews stuff into the atmosphere. Coal, we don't like it because it's not clean. And we don't want our kids to learn about coal; we want our kids to learn about geothermal and solar and wind. So, we don't want to have a program to tell them about coal. Well, if you're from southern Illinois, let me tell you something. This is an attack on coal. Because if you read the Bill… there are two parts of this Bill. The one part of the Bill probably makes some sense which says, don't have those public relations programs geared to kids. Maybe there's something that says we don't need to make it a mandate in the schools, and that makes 09800114.docx 21 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 sense. But there's another sentence in this Bill, which you need to look at, that says this: The Department is prohibited from carrying out any program, any program, to increase public awareness and education concerning Illinois coal. They can't even tell people about the benefits of clean coal. They can't talk about coal at all. So, to say that this Bill is not an attack on coal is wrong. And you know what, I'd like… I like clean energy too. I'm a… I'm an alternative fuel guy. I want to see natural gas, I want to see electricity. But folks, whether we like it or not, 45 percent of the electricity in the United States is generated by coal. And Illinois coal gets sold around the world. Yet, our Department of Commerce and Economic Opportunity, if this Bill passes, cannot tell anybody about the benefits of Illinois coal. For that reason alone, it deserves a 'no' vote."
"Representative Pihos."
"Thank you, Mr. Chairman. Will the Sponsor yield?"
"Sponsor yields."
"Representative, I think that your intent was very positive when you brought this Bill forward. After doing some due diligence, and I really support many of the proponents that are on your Bill, but my due diligence tells me that the testimony in committee was a little bit different. Can you tell me what the proponents who sat at the table basically said? Just encapsulate it in one sentence is fine."
"Thank you, Representative. Yes. My intent of this Bill was to remove an edu… a mandate from teaching this program. I think there are very passionate feelings on both sides of this issue. I’m not involved on either side of that. I would 09800114.docx 22 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 tell you that those environmental folks, perhaps, used it as a platform to make coal sound like it was a bad thing. That is absolutely not the intent of this. And I believe that areas where coal is important should continue to teach this, but I believe we need to remove the mandate."
"So, in other words, basically, what your committee heard at the table was, we hate coal."
"That's… that's correct."
"Okay. So, my question to you is, would you be willing to amend this Bill? And you know, I… I'm not in favor of mandates. But would you be willing to amend this Bill to update the coal portion and include all the other energy sources?"
"Representative, I think that is a fantastic idea. Although, I think for now, what we'd like to do is remove the mandate and allow all those involved to come up with a program and then bring it forward in a separate Bill."
"All right. Thank you."
"Mr. Reboletti."
"Thank you, Speaker. To the Bill. You know, we… we're, again, micromanaging what we should teach in our schools. And I know that my son, as a sixth grader, has been a part of many of those mandates and he's learned about recycling and the value of wind, and solar, and tidal, and all those things. But here we go again, we're going to demonize Illinois coal. We have 9 percent unemployment, that's what's recorded. And I'm sure that the real unemployment numbers eclipse that into double digits. Actually, I hear it's 16 percent is the real Illinois unemployment number. So, coal is not only important 09800114.docx 23 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 to southern Illinois, coal is important everywhere. That includes in DuPage County, all throughout the state, because when we put our electricity on, they could… that power could easily come from coal-powered plants. I know… I know we've been on the track of diversifying our portfolios and we've been trying to do that. But the wind only blows so much. The tides only come in so often. But now, as we sit on a large deposit of coal here in Illinois that could provide thousands of jobs, we're going to look in another way to turn the tide against coal and we'll start with calendars and coloring books. I think this goes in the wrong direction. And I would ask for a verification if this were to pass."
"Your request has been acknowledged. Mr. Hays."
"Thank you, Mr. Speaker. To the Bill. You know, coal in many parts of our state, it is a four-letter word, but it's used in a very different connotation than what the gist of this Bill would encourage. In my district, when you… when you drive into Westville, Illinois, right below the Westville… welcome to Westville sign is a coal cart because the people of that community are so very, very proud of their heritage of mining coal. They're so very proud of their European ancestors who made the trek to southern Vermilion County for that very purpose. They're so proud of that heritage that each fall when Westville plays Georgetown in football, to this very day, the game is called the coal bucket. One of the previous speakers suggested that this is an era in which we are pinching pennies. When on earth did that start? Let me review with you the general revenue spending in this state over the last several years: 2009, $23 billion GRF spending; 09800114.docx 24 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 2011, up to 27 billion; this year, 36 billion. Everybody in this chamber knows that through a series of proposed tax increases, et cetera, the Majority now wishes to push that clear up to 38 billion. You know, when you come over here to Springfield, which is increasingly the Land of Oz, some kind of parallel universe, I was wondering if the simple rules of arithmetic still applied. So, I went to a second-grade class in my district and I asked them, would you do the math on this for me? And to a person, the seven-year-old said, indeed, 38 billion is higher than the 27 billion of just three years ago. And I repeat my question from last week, where is the money? It certainly doesn't come to the school districts in my district. It certainly didn't come in the form of the transportation payments that continue to be AWOL. I say this death march of doom, telling everybody that the roads and bridges can't be fixed, and your schools can't be funded, and your… and your community college and the universities can't be funded, give it a rest. It's a sham and it's disingenuous. Thank you."
"Representative Wheeler."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Thank you. Representative, would you consider your Bill an attack on coal?"
"In no way is this an attack on coal or a way to lose jobs in the State of Illinois. I very much think that our state… it should be proud of our coal history. This simply takes away the mandate from forcing schools to teach this. If it's important where you live, it can continue to be taught." 09800114.docx 25 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"But, one of the previous speaker, though, said that it was, in this Bill, it's nixed out in regard to teaching coal. Is that true?"
"Can you say that again?"
"One… the previous speaker said that this Bill crosses out the opportunity to teach about coal in their schools. Is that true?"
"That is absolutely incorrect. This is not a war on coal. This is simply an education mandate being removed."
"How long have they been teaching coal in the State of Illinois, do you know?"
"A very, very long time. I know I received it when I was in school, so that would be an indication."
"And do you think that this curriculum has anything to do with the high unemployment numbers in the State of Illinois?"
"In no way does this Bill or this… removing the mandate going to increase unemployment in the State of Illinois."
"Would you be acceptable to a comprehensive energy curriculum, which would include clean coal?"
"Not only would it be acceptable, Representative, but I would cosponsor that with you."
"Well, I'd hate for an unfunded mandate, so we… we won't go with that. But I do appreciate what this Bill's doing and I also appreciate that… appreciate the importance of coal in this state. Thank you very much. I urge an 'aye' vote."
"Mr. Meier."
"Yes, Mr. Speaker. To the Bill. In my district, I have the cleanest burning coal plant in America. Five billion dollar 09800114.docx 26 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 plant, just built, burning Illinois coal. Five years, you could not rent a room within 25 miles of our area. This created 3500 high-paying jobs for five years. This built a new school in our town with no State of Illinois tax dollars coming in to build that school. This built a new judicial building in our county with no State of Illinois tax funds coming in to pay for that. This is Illinois coal, Illinois job, showing the world what we can do here and making ourself energy efficient. And this Bill is definitely attack on Illinois coal. It's an attack on our school systems and the way we fund our school systems in southern Illinois. Those coal miners all had nice homes when they were working, paying taxes to our school districts. This is taking money away from our schools. So, it's attack on education, as well as, attack on jobs. Thank you."
"Representative Williams."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Just to reiterate, Representative. Can you, again, let us know, this is not, in any way, precluding any school from teaching coal-related curriculum?"
"Absolutely not. Each school has the right to continue to teach this program, if they so choose."
"And on the note of the comments made by my esteemed colleague and beloved cousin, Representative Wheeler, I like the idea of doing a discussion of a comprehensive energy curriculum. Perhaps, in a form of a Resolution; that might be something we can work on together." 09800114.docx 27 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"I completely agree and believe that that's the direction we need to go in and of course coal should be a part of that."
"Great. So, to the Bill. Removing the mandatory expenditure of taxpayer moneys that addresses one industry just doesn’t make sense. We spend hours and hours in committee and otherwise combing through the state budget, looking for places where we can cut. We've… we need to look at our priorities here. I don't know… obviously, this isn’t a huge amount of money in a large scheme of things, but we are dealing with crumbling roads and bridges, we are cutting benefits for retirees, we are eliminating adult dental care, we are doing a lot of things that we don't want to do. And why are we doing those things? Because we are looking for every dime to save taxpayer money. This is a place that is unnecessary. We can still accomplish the goals without expending taxpayer money. I would highly encourage a 'yes' vote. Thank you."
"Mr. Kay."
"Thank you, Mr. Speaker. Would the Sponsor yield?"
"Sponsor yields."
"Representative, let's take a minute and walk this back. Is this any part of the Common Core Curriculum scheme that's out there today?"
"I have not seen coal education in the Common Core."
"Well, you…"
"It is a mandate to teach coal education, currently, though."
"All right. Well… okay. That doesn't answer the question but…" 09800114.docx 28 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"I… I'm not quite sure what you're trying to say."
"You're not familiar with Common Core. Okay. Let me ask you a different question, walking it back. Why did we begin funding education for coal to begin with?"
"This was done a very long time ago when I would tell you that coal was probably our only source of energy."
"Well, that's… that's right, but why? Why did we fund it?"
"Because, at the time, we were relying on coal. And now, we have many other forms of energy, as well as clean coal, and they should all be… if we're going to teach a program about energy, it should be a comprehensive program that includes all forms of energy."
"So, you think we were teaching something about dirty coal before and clean coal today?"
"Representative, I understand that this seems to have turned into a war between environmentalists and the coal industry. That is not the intent of this Bill in any way. I have never said that coal is dirty, nor is that in the Bill."
"Representative, you ever been to a coal mine?"
"Yes, I have."
"Which one?"
"The one at the museum, and that was part of coal education when I was in school."
"So, you've never been to a real, working coal mine in Illinois?"
"Representative, I have not, but again, I don't understand what that has to do with removing an educational mandate."
"Well, it has… Representative, it has a lot to do with it. And by the way, I've heard this argument that we're strapped 09800114.docx 29 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 for money. Let me just guarantee you that the budget that we passed here in the House…"
"Mr. Kay, your time has expired."
"Okay. Thank…"
"Can you complete your remarks, Sir?"
"Can we put this on extended debate, Mr. Speaker?"
"Sir, we've pre… pretty much extended debate. There are seven people still wishing to speak on this Bill."
"Okay. I under… I understand. I just want to say two things. First of all, anyone that thinks that we're going to spend just $34 billion is mistaken. We're going to spend a lot more. This is chicken feed. The heritage of Illinois is coal. And what you're trying to do is destroy that heritage, misrepresent to the kids what coal means to this state, and that's simply wrong. This is a bad Bill. And I ask everyone in this chamber to vote 'no'."
"Representative Feigenholtz."
"Thank you, Mr. Speaker. I rise on a point of personal privilege in the middle of this debate. I'd like to welcome from the 12th District, from Anshe Emet Day school, one of their classes. Welcome to Springfield. Thank you."
"Representative Will Davis." Davis, W.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." Davis, W.: "Now, I don't profess to know a lot about coal. I'm not from southern Illinois, but it's my understanding that coal in Illinois is very high in sulfur. Is that correct?"
"I've been told that. Yes, correct." 09800114.docx 30 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 Davis, W.: "Okay. So, the reality is that most of the coal that we have here, we actually sent to other states because their facilities are more equipped to burn that coal, right?"
"And to make clean coal, correct." Davis, W.: "And… and to make clean coal. Okay. So, my… my challenge with this is a) you're removing a mandate from the schools, correct?"
"Correct." Davis, W.: "So, it's an unfunded mandate that you're actually taking away from the schools…"
"Yes, I am." Davis, W.: "…in terms of educating young people on coal?"
"Correct." Davis, W.: "Which means that a school district… school district, if they wanted to do it, they could use their own general state aid dollars to provide the education on coal, if they wanted to do it, correct?"
"Correct." Davis, W.: "Thank you very much. To the Bill, Ladies and Gentlemen. I understand what the other… Members on the other side are… particularly are saying, that coal is a very valuable resource here and something that we need to be aware of. But I can remember a couple of years ago, there was a company called Tenaska that wanted to come to Illinois to burn Illinois coal and was willing to invest in the State of Illinois so that they could burn Illinois coal. And it met so much opposition from both sides of the aisle that they said, you know what, we'll go somewhere else. So, for those of you who are talking about Illinois jobs and the need for Illinois 09800114.docx 31 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 jobs, what happened there? They weren't good enough to come to Illinois and provide Illinois jobs so that they could burn the Illinois coal that everyone thinks is so precious here? Let us not forget that conversation. Let us not forget that. So, there was an opportunity to burn Illinois coal and we missed that opportunity. We missed the boat on that one, and they no longer wanted to come to Illinois. Maybe they'll come back, I don't know. But we missed the opportunity on jobs. Apparently, this is an unfunded mandate. Many of you on that side of the aisle and some on this side of the aisle don't like unfunded mandates and are always willing to vote against them. So, guess what? She's trying to remove an unfunded mandate…"
"Mr. Davis." Davis, W.: "…and you want an unfunded mandate in the schools. How ironic is that? How ironic?"
"Mr. Davis, would you bring your remarks to a close, Sir?" Davis, W.: "Thank you very much, Mr. Speaker."
"Thank you. Mr. Brauer."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"You know, I hate to take issues with you but I think it's important that we do educate our children, that they do become aware of coal and the important part it plays. And like the previous speaker, Springfield has a new generation unit here that burns Illinois coal. It comes from Elkhart and is burned here in Springfield, and it's clean coal. And sulfur is not emitted in any measurable amounts from its stacks. So, 09800114.docx 32 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 it is important, I think, that we do educate our children. Can you tell me how much it cost for a kilowatt hour of clean coal power?"
"Can you ask… I can't hear that. Didn't hear the question."
"Can you tell me the cost, at the base, of clean coal?"
"Representative, again, what I would tell you is this is to remove an education unfunded mandate. This has nothing to do with being an expert on the coal industry or attacking the coal industry in any way."
"Well, may… maybe we should be spending a little more money on coal, if you're not familiar at least with the cost and what you're trying to do. If you look at clean coal, you're looking around two and a half to three cents a kilowatt hour. Can you give me an approximation of what it cost at the base of a wind generator?"
"What I would tell you is that I'm not an expert on coal. I… I think some folks…"
"This isn't coal. This is wind power."
"…downstate are correct. This… again, this is an education mandate. I am not here to debate who knows more about the production of coal."
"Well, this isn't an unfunded mandate. There's money in the budget for this program."
"This money…"
"And I think it's important that we educate our children as far as what coal does, the fact that half of our energy in this country comes from coal. To put them in the dark and to 09800114.docx 33 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 take this education effect away from them is, in my opinion, almost criminal."
"Mr. Brauer, your time has expired, Sir. Can you bring your remarks to a close?"
"Okay. To… to the Bill, Mr. Speaker. I think it's important that we do educate children on coal. I think that it's important they know the cost. If you look at the wind, three to four times what coal is, but there's a spinning reserve that cost the consumer because there's a coal plant producing the same amount of electricity in case the wind changes. So, we're looking at something that a lot of people aren't aware of and I think it's important we educate our children. Thank you, Mr. Speaker."
"Mr. Mautino."
"Thank you, Mr. Speaker, Members of the House. To the Bill. And I understand and respect the discussion about educational mandates, but the Bill does more than that. We're not talking simply about an educational mandate. It removes all references of providing public awareness and programs about Illinois coal from the duties of the Coal Development Board. Now, there are two Members of this Body who are members of that board. There are actually three in this… and what they do is not just create school curriculum, they also disseminate information on Illinois coal. Now, a decade ago, we were producing about 35 million tons that we were shipping out. We have had tremendous growth. New mines have started. New jobs have started. New technologies looking for clean coal. We are now exporting more than 55 million tons. This area of Illinois and this section of the Midwest has as much 09800114.docx 34 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 BTU in coals as the Teardrops of Allah in Saudi Arabia. So, those things are important to know, but it's not just the school side. This actually takes away one of our leading, growing, economic development marketable products for the State of Illinois. And I would urge a 'no' vote."
"Mr. Reis, your light is on. You spoke in debate. For what reason do you rise, Sir?"
"My name was used in debate."
"By who, Sir?"
"Another Representative."
"That was such a good answer, I'm going to let you go ahead."
"I learned from you, Representative. Ladies and Gentlemen of the House, just a couple of remarks here and… and maybe a solution. Since 1980, our carbon monoxide emissions are down 58 percent, ozone down 49 percent, lead down 96 percent, nitrogen oxide down 40 percent, sulfur dioxide down 56 percent, particulates down 46 percent, and fine particulates down 46 percent. That's a great, great story to tell. And when you start reducing a number that's already low, it gets harder and harder and harder. Now, some people have said about priorities, and the hypocrisy on this floor never ceases to amaze me sometime. Many of you that are going to support today's Bill because you want to get rid of a mandate, are the same people that supported a Bill last year to teach comprehensive sex education to our third graders. Now, come on. We're talking about great success stories here with the coal industry and mining and the use of it. So, my suggestion to the Representative, and it's been kind of put out a couple 09800114.docx 35 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 of times, let's put this Bill on hold, let's put some language together to create a task force to talk about all energy. Let's get the players to the table and let's talk about all sources of energy so that we can truly teach our kids what's right. So, I would offer that out, Representative, and I'd be glad to help you with that. And thank you, Speaker, for allowing me to speak again."
"Mr. Cavaletto."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"What… what would be the amount of high sulfur? What would that be called? High sulfur content. What is high sulfur content?"
"Representative…"
"How high?"
"…this Bill has nothing to do with the sulfur rate in coal here or when it's burned clean. This simply has to do with an education mandate. If you choose to continue teaching this in your school, you can."
"Okay. What about the extraction of coal? It states here… Do you know about long-walling or strip mining or do you know about deep shaft mines?"
"This Bill has absolutely nothing to do with what you're speaking of right now. This is simply an education mandate being removed and allowing those who choose to continue to teach it to continue."
"I think… I think it is educational because I think these are the ways that you mine coal and kids that live in a coal mining area should know about those." 09800114.docx 36 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"And they should continue to teach it and they can with this Bill."
"See, in fact, when I grew up, we… all… that's all we had was coal. We didn't have… we burned coal to warm our home. We burned coal to feed ourselves. Coal…"
"No one's disagreeing with you here."
"Well, I'm just saying that… that it's very important in a heritage of people who lived in a coal mining."
"I think we have great, rich history in the State of Illinois. I believe coal is part of that. I believe energy is moving forward and if we're going to teach energy, and it's going to be funded by utility tax dollars, we should have a comprehensive energy education in our schools."
"And I agree with that. I agree that all en… types of energy should be taught, all types. And coal, surely, would be one of those. That's what I'm trying to say."
"I agree. It should be one of them."
"It should be one of them."
"Yes."
"And if you… if all the kids in southern Illinois who live around the coal mines, whose grandfathers worked there because their fathers that have no jobs there now because there's no coal mines exist. And back in my day there was Old Ben 10, 12, 22, 24; Orient 2, Orient 3; Buckner 5; Peabody 4 or 5…"
"Mr. Cavaletto…"
"So, there was a lot of coal mines."
"…your time has expired. Can you bring your remarks to a close, Sir?" 09800114.docx 37 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"Yes, I can. So, I urge that we support this Bill as not being a good Bill and that we would continue to teach all types of energy in our schools, so all types of kids… as we teach everything else in the world, this is just a small part of it. Thank you."
"Mr. Sullivan."
"I yield my time to seat of the 'h', Representative Hays."
"Mr. Hays."
"Thank you, Mr. Speaker. Would the Sponsor yield?"
"Sponsor yields."
"I want to be clear. Earlier in debate, it was suggested that this would somehow save money. Is it accurate to say that the… that the grant that funds this will still be in place? So, there's no actual money savings here. Is that accurate?"
"I'm sorry. You're going to have to repeat the question."
"Earlier in debate, it was suggested that to discontinue teaching about the heritage of coal would somehow save money. It's my understanding that this grant would still be in place. So, would it be fair to say there is, in fact, no money savings here?"
"This… Are you saying this is a grant given to school districts?"
"What I'm suggesting is it's a funding mechanism for this kind of curriculum. It comes from GRF. The money's not going to go away, right? You're just shifting it to other subject matters. It was suggested earlier, I believe, that somehow 09800114.docx 38 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 there's a money savings here. That is, in fact, inaccurate. Would you agree?"
"This… this money could be reappropriated and used in another way to educate our children. I think that we've heard today, and I fully support and agree, that I would like to see a comprehensive energy program and perhaps DCEO could then, in turn, reallocate those funds."
"So… so, in other words, there is no money savings?"
"The money comes from utility taxes. That's where they use the money. They use a portion of that money to pay for this program. The resources that are available currently through the program will remain for those who choose to use it. The mandate for teaching this in schools will be removed."
"Mr. Hays, your time has expired, Sir."
"Just quickly. I would suggest the Sponsor has been generous in suggesting that she really doesn't know much about coal. She's never been to a coal mine, et cetera. With all due respect, I think a Bill of this nature would be better carried… I mean, I leave you with this question. Would you know a lump of coal if you got it for Christmas?"
"Oh, yeah."
"The last speaker is Mr. Sandack."
"Thank you, Mr. Speaker. I'm going to yield my time to the Gentleman from DuPage, Dennis Reboletti."
"So then, Mr. Reboletti is the last speaker. Please proceed, Sir."
"You know, Mr. Speaker, I… as I look at the proponents of the Bill, and I know that the Sponsor has good intentions, it talks about fighting subsidies for dirty coal and has a… 09800114.docx 39 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 has a picture, it says, Illinois coal equals dirty power, and black gold mine, and all of these terrible things about coal. So, the real message that they're trying to say is… we've talked about Stand Up to Coal, another group fighting against coal in Vermilion County that has double-digit unemployment, is that, again, it’s a… coal is a problem and we need to eliminate coal usage in a state that relies on it to provide good paying jobs to people. Yesterday, Mr. Speaker, I tried to move jobs Bills out of here, but I was shut down by Hyde Park once again. We can't talk about jobs here, but we can spend an hour talking about changing… talk… conversations about coal in classrooms. How about real discussions, Mr. Speaker, about putting people back to work."
"Representative Conroy to close."
"Thank you, Speaker. Again, this Bill, in no way is, being disrespectful to the history of coal in the State of Illinois. This simply removes a mandate to teach coal education in our schools. Where it's important, if they choose to continue teaching it, they can. And I would urge an 'aye' vote."
"The Lady's moved for the passage of the Bill. I remind Members that Mr. Reboletti has asked for a verification. Accordingly, staff will retire to the rear of the chamber, Members will be in their seats and vote their own switches. 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? Franks, Smith, Thapedi, Wheeler. Wheeler. Please take the record. On this question, there are 54 voting 'yes', 61 voting 'no'. And 09800114.docx 40 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 the Sponsor asks for Postponed Consideration. Chair recognizes Mr. Cabello."
"Thank you, Mr. Speaker. I rise no for a point of personal privilege."
"Please proceed, Sir."
"Ladies and Gentlemen of the House, behind me in the gallery today, we have some Rockford folks. If you guys could stand up, be recognized. We have Brad Long from the Northwestern Illinois Building Trades, and we have Jaime Sanchez. Welcome to Springfield, gentlemen."
"Welcome. Mr. Acevedo."
"Thank you, Mr. Speaker. I rise a point of personal privilege."
"Proceed, please."
"I had an opportunity this morning to meet a brave young man, a little boy, who's down here with the Bleeding Disorder Alliance of Illinois. Sometimes we go through the day thinking we have problems. This brave little boy suffers from the disease of hemophilia, and he's here today. So, please, let's give him a round of applause. He's right there. Christian Contreras. Christian."
"Happy you're with us today, Christian. Moving back to the Calendar, House Bill 5853, Representative Bellock. Please read the Bill."
"House Bill 5853, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Representative Bellock."
"Thank you very much, Mr. Speaker. House Bill 5853 is a Bill that focuses on transparency and information for the 09800114.docx 41 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 convenience of taxpayers. What it really does is it serves to provide an online phone book. And it is a link onto the ITAP portal, which is the transparency portal website. And that that will reflect to the CMS website, which has all the information, phone numbers, for all… each state agency. So, what this does is centralize information about each state agency to make it easier for taxpayers to know where to call and how to contact those agencies. So, I appreciate 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? Chapa LaVia. Please take the record. There are 115 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3638, Representative Fine. Please read the Bill. Out of the record, Mr. Clerk. House Bill 4090, Representative Jakobsson. Please read the Bill."
"House Bill 4090, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"Representative Jakobsson."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This Bill is codifying an already existing law with regard to prohibitions regarding deceptive use of false academic credentials. With the Amendment that is there, it codifies saying that it would be a Class A misdemeanor to use false academic credentials to obtain any employment, admission to an institution of higher learning, admission to an advanced degree program at an institution of higher 09800114.docx 42 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 learning, or a promotion or higher compensation in any employment. I ask for an 'aye' vote."
"Lady moves for the passage of the Bill. Chair recognizes Mr. Sandack."
"A question of the Sponsor, please."
"Sponsor yields."
"Representative, is it not a crime now to falsely represent oneself in the public?"
"It is, but this codifies by making sure that these particular things are addressed in our already existing law."
"Well, if they're already in our existing law, isn't this just redundancy?"
"It… No, it doesn't specifically say any employment."
"Okay. I'm confused. If someone makes a false representation about themself and falsely claims to have a degree or be credentialed in a way, that right now is a crime, is it not, in certain instances?"
"In certain instances. This is what I want to make sure that it codifies these instances."
"Okay. To the Bill. I respect the intent of the Sponsor but this is exactly what we do wrong here. We add, pile on, and engage in redundancy. And we repeat ourselves sometimes too. I urge a 'no' vote."
"I… I like that, Representative. Representative Jakobsson to close."
"Thank you. Please vote 'aye'."
"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? Bellock, Sullivan, 09800114.docx 43 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 Tracy, Unes. Please take the record. On this question, there are 91 voting 'yes', 23 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Representative Williams is recognized."
"Point of personal privilege, please."
"Proceed."
"Thank you. As you all know, today is the… the Illinois Environmental Counsel Lobby Day. But in addition to that, the… we have representatives in the gallery today from the National Caucus of Environmental Legislators, which is the only environmental organization founded by State Legislators as a resource for State Legislators. I have worked with them in the past, attended some great conferences, and would love a more Illi… they would love more Illinois Legislators to get involved. For some more information, please contact me or anyone else in the Green Caucus. Welcome."
"Thank you, Representative. Welcome to Springfield. Next Bill is House Bill 4286, Mr. Cabello. Please read the Bill."
"House Bill 4286, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Mr. Cabello."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is a… extends a TIF District already in place for 12 more years for the Village of Machesney Park. There is no opposition, and this is an initiative of the mayor of Machesney Park. I respectfully ask for an 'aye' vote."
"There being no debate, those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all 09800114.docx 44 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 voted who wish? Have all voted who wish? Have all voted who wish? McAsey. Please take the record. On this question, there are 113 voting 'yes', 1 voting 'no', 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5485, Representative Mayfield. Bill's on Third Reading, Representative. Don't have to worry about notes. Please read the Bill."
"House Bill 5485, a Bill for an Act concerning government. Third Reading of this House Bill."
"Representative Mayfield."
"Thank you so much. I want to thank you for the opportunity to present House Bill 5485. The Bill, as amended, would provide the firefighters a seat at the table during discussion of manning, which is a serious life safety issue for firefighters, as well as a safety issue for the general public. Firemen who are putting their lives on the line every day should have a say in the matter. The passage of this Bill will allow, in the case of an impasse over collective bargaining, for both parties to be heard by a neutral arbitration panel and not bring those cases to the General Assembly. It is very important to remember that the right to bargain over mandatory subject of bargaining and receive an arbitration decision, if they're unable to reach an agreement, does not mean that the arbitrator will uphold the union's position. In fact, there is not a single example of an arbitrator issuing an award for the union to increase staffing levels, which is what some of the misconception about this Bill does. This is a very good Bill. It simply provides 09800114.docx 45 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 a mechanism for fires and it stays true to the initial intent of the Act. So, I would encourage an 'aye' vote."
"Representative Ives."
"Mr. Speaker, to the Bill. This Bill is nothing more than the Firefighter Protection Act. And I will tell you that I received a very lengthy memo from my city manager, my long- term city manager, who has served for 37 years as the city manager, who has been through numerous collective bargaining issues and has run the City of Wheaton in a very well manner. He flat out says that this Bill, whose underlying purpose is to increase union membership, has the potential to significantly increase the cost of operating a municipal fire department. The Bill would restrict the choices that local elected officials have regarding the allocation of resources necessary to fund an array of critical public services. The manning of a fire department requires an understanding of and an ability to demonstrate how changes to resources affect outcomes at the local level. Fire department leaders, as well as local governmental decision makers, know how fire department resources should be deployed in their community. These types of decisions should not be left to a third party arbitrator who holds no accountability for his or her actions. After seeing how the arbitration process worked in our recently completed arbitration process with our fire department, I would strongly urge you not to pass this Bill out of the Illinois House. Instead of spending time on fire union desires, the Legislator needs to turn his attention to the collective bargaining laws of the State of Illinois, which are strangling both local and state government's operational 09800114.docx 46 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 efficiency and rapidly escalating operational cost. The truth is, we don't need a minimum manning Bill. The truth is, you can already go to arbitration over this issue if it's desired. This just mandates it. The truth is that, at least in Wheaton, we have put into place a fire protection mutual aid agreement with four other entities. We're already providing the aid that's necessary. The truth is that well-run fire departments don't need this to be mandated on them. They need to work collective together for the taxpayers' interest. There is no need for this Bill at all. They can already do this. It doesn't need… not to be mandated. I strongly urge that you protect your… your peoples'… this is a really true property tax protection Bill. This actually… this actually would increase property taxes. So, if you care about property taxes in this state, you are a definite 'no' on this Bill. Thank you."
"Representative Willis."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Hi, Miss Mayfield."
"Hello."
"I know that, as most people know, I am a strong advocate for firefighters. And I do believe that this is a good Bill."
"Thank you."
"I have a quick questions for you."
"Yes."
"I know, historically, there have been times when arbitrators have been called in to assist on rulings on 09800114.docx 47 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 minimum manage… manning. Have… those rulings, have they always been to increase manning?"
"No, they have not, and that is not the intent."
"Right. And so… To the Bill. My understanding of this is that this is a good way to have an unbiased person involved at the table, someone that can look at both sides of the coin, to look at the finances for the department… the villages, and to look at the safety of the firefighters. This Bill is simply to do that; to make sure that our firefighters who leave our homes every… their homes every day and go to protect our communities are given that safety net. They're given people that will advocate on their behalf, not always looking at what the dollars and cents are. We've recently had firefighters killed in the line of duty in Boston just this last week. We don't want that to happen here in Illinois just because we've had to look at what the bottom line is on our money. I strongly urge an 'aye' vote for this Bill. Thank you."
"Representative Tracy."
"Thank you, Mr. Speaker. To the Bill. I would just say that we have heard from many, many municipalities. And certainly, we recognize that we are in a crisis in this state with our police and fire pensions and our municipal finances, our state finances, and it goes on across the board and all governmental entities in the State of Illinois. I suggest that this is not an appropriate time to be increasing costs of municipalities. I think other previous speakers have mentioned that the ultimate cost is going to be borne by the taxpayer. Certainly, many municipalities, as we have heard, 09800114.docx 48 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 already have minimum manning provisions in place and have had for many years. However, if we continue to mandate from the legislative process, we are only going to further increase unfunded mandates on our local governments, our municipalities, at a time when they cannot afford them. There comes a point in time where we have to stop. We have to stop. If they can't afford it, how will it be paid? Do we not ask that ever in this House again? How do we pay it? It's time to stop putting unfunded mandates when there is no money to pay them. So, I would urge that this is not the point in time and I would urge that we do not support this Bill at this point in time. Thank you."
"Mr. Sosnowski."
"Thank you, Mr. Speaker. To the Bill. Having represented part of the City of Rockford, I just want to quickly highlight for the Members in this chamber what exactly this means for a community. We have the second highest crime rate in the State of Illinois. I repeat, we have the second highest crime rate in the State of Illinois. And because of the budget pressures dating back years ago, the City of Rockford has had to cut police personnel, those individuals charged with making our streets safer, by the tune of 20 to 30 officers. I repeat, 20 to 30 police officers have had to be cut from the City of Rockford simply because of manning… minimum manning requirements in the City of Rockford. I can guarantee you we don't have citizens in Rockford running around complaining that the fire trucks didn’t show up on time or they're not happy with the service. They're fine with our service, but the problem is the crime rate in the City of 09800114.docx 49 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 Rockford. And with minimum manning requirements, we've had to cut our police force, thus reducing the… the people on the street actually stopping crime. And so, when we put these minimum manning standards in, we do not allow communities to actually respond to the problems that they have. And instead, we're mandating communities to have better fire protection, in the case of Rockford in particular, and forcing them to ignore the fact that they have crime and drugs rampant in their streets. I would respectfully ask the Members of this chamber not to support this Bill. This Bill hurts communities and it hurts, especially, communities that need to put more resources into infrastructure and police presence. Please vote 'no' on this Bill."
"Mr. Sandack."
"Thank you, Mr. Speaker. Will the Sponsor yield for a few questions?"
"Sponsor yields."
"Thank you. Representative, does your Bill preempt Home Rule?"
"No, it does not."
"Does your Bill apply to the City of Chicago?"
"No. And this does not apply to the City of Chicago now."
"Why not?"
"The current ruling. The current Act does not apply to the City of Chicago now. It was excluded from the initial Act, is my understanding." 09800114.docx 50 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"And I'm asking you, as the Bill's Sponsor, why the City of Chicago's fire department is outside the purview of your Bill?"
"Because they were not included in the initial Act that was enacted in the General Assembly '84… 84th General Assembly."
"I'm sorry…"
"I was not here at that time."
"Let me try it another way. Why is the City of Chicago not in your Bill now?"
"I am only looking to amend the Bill to maintain the initial intent of the original Sponsor and Representative who presented the initial Act, and it was not included at that time. I am not looking to change the intent of the Act."
"Are you looking to enchan… change the intent of every fire department and labor negotiations outside the City of Chicago and keep the City of Chicago on a different negotiation path?"
"If you would like to include the City of Chicago, please feel free to enact a Bill yourself."
"Well, I… unfortunately, we're dealing with your Bill and I'm just asking if… why the difference in treatment?"
"You would have to ask the initial Sponsor of the Bill."
"Mr. Speaker, before I go on, I'd like a ruling from the Chair. Because it preempts Home Rule, what vote count is required?"
"Well, the Sponsor's indicated it doesn't preempt Home Rule, but we'll get a ruling from the parliamentarian for you and we'll continue the debate while…" 09800114.docx 51 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"Thank you."
"…we do that."
"I know what the Sponsor said, but under the assumption that perhaps it does, I would like a ruling at the right time."
"We'll get you a ruling, Sir."
"Thank you, Sir. To the Bill. As a former mayor of a town, I'm troubled by this Bill. I support, strongly, the firefighters throughout the State of Illinois and that includes the City of Chicago. I support their right to be represented by union leadership and to collect… collectively bargain for their rights and wages. However, I also support, more closely, local municipalities' ability for local control. I trust fire chiefs, mayors, and managers to understand what their villages need in fire protection. The idea that we're going to now mandate this in a collective bargaining arrangement, I think is a mistake. I'd like the Sponsor to withdraw her Bill. If she's going to do this for every part of the state except Chicago, I think that's bad policy initiative. If she won't, I ask for a 'no' vote. Thank you, Mr. Speaker."
"Mr. Sandack, in response to your inquiry, the Bill makes no mention of Home Rule, whatsoever. Therefore, the Bill requires 60 votes. Mr. Leitch."
"Will the Lady yield?"
"Lady yields."
"Is there a municipality in this state that you're aware of that would support your Bill?" 09800114.docx 52 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"Actually, I believe the City of Chicago would support it, considering that they have been doing it voluntarily since 1986, before the IPL Act…"
"Well, the fact…"
"…before this Act was even…"
"…the city is not in the Bill tells you all you need to know. This is a very…"
"But they are currently…"
"…very bad Bill."
"…doing it. They are voluntarily doing it, and they've been doing it since…"
"This…"
"…1986…"
"…this Bill is…"
"…because they've recognized that this is something that should be done, along with all of the courts within the State of Illinois, have recognized that manning is a condition of collective bargaining."
"Municipalities all over this state are strenuously appealing to us not to pass this Bill. This Bill is an automatic property tax…"
"No, it is not and that is untrue…"
"…an automatic property tax…"
"…for you to state that, Representative."
"…increase, as well as implications for very expensive pensions down the road. And I would urge a 'no' vote."
"Mr. De… Chair recognizes Mr. DeLuca."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." 09800114.docx 53 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"We seem to be put in a situation here with this Bill where we have to choose whether we support firefighters or we don't and it's certainly an uncomfortable situation to be in. I was a mayor; I negotiated with the firefighters, with an outcome that they were very pleased with. And we know what they do every day. We honor them. We know they put their life on the line every day. So, the merits of this, I don't want to speak to, but I do want to know how we're going to pay for it. So, Representative Mayfield, do you understand the impact, the financial impact, that this legislation will have on our local governments?"
"Yes. It will save you money."
"Can you explain how that will happen?"
"Because the municipalities are currently wasting millions of taxpayers' dollars every year taking the subject to court. And 100 percent of the time, the court has kicked it back to arbitration. Those are dollars that could be better spent in other areas of the city when it's… they're not going to win. They have not won and they're not going to win. One hundred percent of the time, it has been kicked back to the arbitrator, and we're just trying to take out that third step."
"Okay. So, the municipalities are not handling the negotiating with fire departments in a financially responsible way?"
"That's not the intent of this… I would not have an answer to that question. I cannot speak for all of the municipalities. I can only speak to the intent of…"
"No. That's what you just said." 09800114.docx 54 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"…this Bill."
"That was the answer you gave."
"And this Bill will save money because you will not be going to court and wasting millions of taxpayer dollars, which is what you are currently doing now."
"Right. That was my question. You made the statement, municipalities are wasting millions of dollars. So, are you saying that our local governments are not handling negotiations in a financially responsible way?"
"Maybe you do not understand that both parties have to agree to the staffing levels, not the arbitrator, both parties. And that is the current process right now. And that does not speak to your que… and… I'm not sure what you're asking."
"No, I do agree. No, I do understand. I think that's part of the problem that I have with this legislation is I do understand and that's why I have concerns with this legislation. Who handles the recommended staffing levels, per piece of equipment?"
"That is agreed upon by both parties. This Bill does not increase manning. Those words are nowhere in this Bill and it is not the intent of this Bill, even though I know you would like to make that the argument and the focus. It is not the intent of this Bill."
"Well, that wasn't my question. Who sets the standards of how many firemen will be on a particular apparatus?"
"That is a… that is a negotiation between both parties, municipality and the firefighters." 09800114.docx 55 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"Are you saying that it's negotiated, that the local governments negotiate how many firefighters go on a particular piece of equipment?"
"Yes. It is something that they bargain for. If they can't reach an agreement, then it goes to arbitration."
"Can you say that again, please?"
"And if you take arbitration out, there's already a clause in there that prohibits firefighters from striking. So, we need to… they're not provided any remedy under your analysis."
"So, are you saying that there's no national standard? You're saying that individual municipalities set the manning per piece of equipment?"
"No. No."
"No. Okay. Then could you please clarify who handles the number of firefighters that will be on a particular piece of equipment?"
"It is negotiated between both parties, the municipalities and the firefighters."
"Okay. So, there is not a national standard?"
"No, there is not."
"There's not a national recommended standard?"
"No, there is not and it is not the intent of this… Wait a minute, there might be. I don't… I'm not sure what's happening on the national level. I'm just dealing at what this piece of legislation does. It does not set any type of minimum manning requirements. That is nowhere in this Bill." 09800114.docx 56 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"How do you recommend that a non-home rule municipality, if this becomes law, handles the additional cost that they may have to incur?"
"Can you repeat the question?"
"Yes. How will a non-Home Rule municipality handle the additional cost that would be… that they would incur if this Bill becomes law and you take away their ability to negotiate directly on the manning?"
"Maybe you're not understanding, Representative, but they already negotiate this. The problem is, is that whether Home Rule or non-Home Rule, they keep… if there is a disagreement, it goes to court. You're wasting millions of taxpayer dollars when it is just going to get kicked back to an arbitrator. Stop wasting taxpayer dollars."
"Now, Representative Mayfield, I'm trying to be respectful. You keep saying I don't understand."
"You don't understand."
"I understand. That's why I'm speaking on this. I understand. Maybe you don't understand. If you take away the ability of the locally elected body to negotiate the manning and it goes into the hands of an arbitrator, and the arbitrator rules in favor of the firefighters, then at that point, the municipality will be forced to cover that expense. Do you agree?"
"Representative, I am not taking away the ability of the municipalities. That is not… they can still negotiate. We are not setting any minimums here. We are not mandating any minimums for anything in this Bill. We're not taking away any rights from the municipalities. All we are doing is trying to 09800114.docx 57 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 save taxpayers millions of dollars and stop going to court when 100 percent of the time, when these things go to court, when the subject of manning goes to court, it is kicked back 100 percent of the time back to an arbitrator who helps both parties to collectively agree."
"You're making it very difficult for me to get some of these answers on the record 'cause you're not answering any of my questions."
"I'm answering your questions."
"A non-Home Rule municipality, how will they generate the revenue to cover these cost? Can you give me an example of how you would recommend that they do that?"
"They already have to bargain. This will save them money."
"Do you understand this Bill?"
"I most certainly do."
"Let me ask you again. How do you suggest a non-Home Rule municipality cover the cost that will be incurred upon them with this legislation?"
"This legislation will not incur any additional cost that they are not already spending. What it will do is it will save them money."
"Well, Ladies and Gentlemen, to the Bill. Like I said when I began, we're being put in a situation here. We have to choose between whether we support firefighters or not. That's what it seems like this legislation is doing. That should not be the case. We should look at this as how this will affect our local governments, especially our non-Home Rules. How will they be able to absorb the financial impact that they're 09800114.docx 58 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 going to incur? They will inevitably incur this. They have no means to generate the revenue, to put in this situation now by their pensions. So, it… it's not a matter of whether we support the firefighters or not, or whether we want to keep our firefighters safe, the local governments are doing just fine in handling the manning. This takes it out of the control of the locals and puts it in the hand of an outside, unelected arbitrator. So, I ask you to consider that when you're voting. Thank you."
"Mr. Harris." Harris, D.: "Thank you, Mr. Speaker. A question of the Sponsor."
"Sponsor yields." Harris, D.: "Representative, there's a… been comments about understanding the Bill. So, help me understand the Bill if you will, a little bit. It's my information, or my understanding, that this Bill, on the part of the proponents, that this Bill codifies what they believe is… is either the rule or the procedure based on a court decision. Is that accurate?"
"The court case that you're referring to is Oak Lawn and, yes, the court did rule in their favor." Harris, D.: "Right, and I am referring to the Oak Lawn case. And there is a disagreement, I believe, that as to whether or not the Oak Lawn case really does apply statewide. Is that… would you agree with me there?"
"I'm not really understanding what you're trying to ask in that question, Representative." Harris, D.: "Well, I understand the Oak Lawn case and that… that required that it be… that they bargain collectively on the 09800114.docx 59 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 manning levels in the Oak Lawn case. However, to try to apply that statewide, there have been other cases, specifically, the one in Schaumburg, that the… the court said, no, it is not a statewide standard, that it has to be decided on a case by case basis. Is that accurate?"
"Okay. What the court said is that manning is not mandatory and we're trying to codify that it is." Harris, D.: "Right. And… Okay. So, there is a difference here of… a genuine difference of opinion as to whether or not this court case does apply statewide. And this Bill would, indeed, codify that and make it apply statewide. However, there is genuine disagreement as to whether or not that court case… not only disagreement but I think there are… there are cases in court and decisions from the Illinois Labor Relations Board that says that court case does not apply statewide. So, we're trying to do something by statute, by law, that… that isn't agreed to, isn't… we're taking a court case that does not apply statewide and saying, well, we think it should. I'm not sure that's the direction that we should move in. I understand the difference of opinion, but I don't think there's clarity here as to the fact that this… this requirement should be collectively bargained statewide. And I'd ask you… I'd ask the Body to look at that closely because there is a genuine disagreement here over how that court case was subsequently interpreted. Thank you very much."
"Well, Representative, the issue of manning being a mandatory subject of collective bargaining has been upheld in multiple legal venues, including the Illinois Labor Relations Board, the Illinois Circuit Court, and the Illinois Appellate 09800114.docx 60 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 Court. The Attorney General's Office has also weighed in and voiced an opinion that they believe that manning… that… I'm sorry… that manning should be a mandatory subject of collective bargaining. So, I do understand your argument, however, this would codify it and it would remove some of that confusion." Harris, D.: "And each… and I understand. I appreciate that, but each time they've gone back, the… both the court and the Illinois Labor Relations Board has said you have to apply a three-part test to each individual case by case basis. So, I don't think it's fair to apply it statewide when the court has really said you've got to do it case by case. Thank you for your answers."
"Representative Mayfield to close."
"Ladies and Gentlemen, this is a very good Bill and it really does support our firefighters. The three-part test that the previous Representative spoke of is expensive, it requires litigation. We're talking millions of taxpayer dollars that are being wasted because after they go through those processes, 100 percent of the time it goes back, those courts rule that it is a mandatory subject of collective bargaining. All we are trying to do is take out the court piece, codify that minimum… that manning is a mandatory subject of collective bargaining. We're not taking away anything from the municipalities; they're already negotiating on this. We are looking to save millions of dollars, you need to understand that. Millions of dollars that are uselessly spent in negotiations when 100 percent of the time, it goes back to the arbitrator, and it is deemed a mandatory subject 09800114.docx 61 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 of minimum manning. Let's cut out the minimum… let's cut out the middle man. Do what's right. Let's support our firefighters, our heroes, these individuals who are dying to protect us. Let's do what's right. And I urge 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? Please record yourselves, Members. DeLuca, Moeller, Reboletti. Mr. Clerk, please take the record. On this question, there are 63 voting 'yes', 44 voting 'no', and 6 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4123, Mr. Moylan. Please read the Bill. Mr. Clerk, out of the record. House Bill 4382, Representative Nekritz. Please read the Bill."
"House Bill 4382, a Bill for an Act concerning safety. Third Reading of this House Bill."
"Before we proceed to you, Representative, I neglected… I had made a promise to Mr. Martwick for a point of personal privilege. Please proceed, Sir."
"Thank you, Mr. Speaker. Waiting very patiently up in the gallery and watching a very spirited debate here on the House Floor and getting a great lesson in civics is a school district that is from Representative McAuliffe and mine, and Senator Mulroe's district, they're up in the gallery. Please welcome to the Capitol, the students from Garvey Elementary."
"Welcome aboard. And my apologies, Mr. Martwick. Representative Nekritz on your Bill."
"Thank you, Mr. Speaker. House Bill 4382 expands the type of projects that can apply for funding under the State 09800114.docx 62 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 Revolving Funding… Fund Loan program. Right now, it's for clean water programs. This would expand it to include storm water pro… storm water projects, as well. And I would ask for your support."
"Lady moves for the passage of the Bill. The Chair recognizes… nobody speaking in opposition. 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? Davis, DeLuca, Walsh. Mr. Walsh. Please take the record. On this question, there are 115 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Representative Tabares."
"Thank you, Mr. Speaker. May I have the record reflect that I am a 'yes' vote for House Bill 5485, please?"
Speaker Lang: "The record will reflect your intentions. Representative Tracy."
"Thank you, Mr. Speaker. Not to think I'm messing with you. Today we have a very special birthday of a very special Member. Renée Kosel is celebrating her birthday today. So, I hope you all would join me in wishing her birthday wishes."
"Happy birthday, Representative. I'm sure the cake is forthcoming. Mr. Sandack."
"Thank you, Mr. Speaker. Point of personal privilege."
"Proceed, Sir."
"Up in the gallery is my talented legislative assistant Lynn Bila from Downers Grove, of course. She's also here for the Lincoln series. Let's give her a Springfield welcome." 09800114.docx 63 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"Welcome aboard. Happy you're here with us. House Bill 5572, Leader Durkin. Please read the Bill."
"House Bill 5572, a Bill for an Act concerning education. Third Reading of this House Bill."
"We'll be patient. Leaders have much to do. Mr. Durkin, on your Bill, Sir."
"Well, thank you all for your patience. This is the… similar to a Bill which I passed last year regarding the relationship between the Lyons Township High School, which is in my district, and the township school treasurer's office. This Bill will allow the Lyons Township trustees for the school to remove themselves from the auspices of the township school trustee board."
"Gentleman 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? Have all voted who wish? Mussman. Please take the record. On this question, there are 115 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4598, Mr. McAuliffe. Mr. McAuliffe. Out of the record. House Bill 4084, Mr. Turner. Out of the record. On page 16 of the Calendar, appears House Bill 5869, Mr. Yingling. Please read the Bill."
"House Bill 5869, a Bill for an Act concerning fish. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Yingling, has been approved for consideration."
"Mr. Yingling." 09800114.docx 64 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"This Amendment is just a gut and replace Amendment. It's very simple. It just changes the release of… of non- native species into Illinois aquatic wildlife to a Class B Felony."
"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. Members, we're returning to Second Reading on Bills that are ready to go. The first one is House Bill 3768, Representative Dan Burke. Mr. Burke. Out of the record. House Bill 5569, Representative Cassidy. Read the Bill, please."
"House Bill 5569, a Bill for an Act concerning regulation. This Bill was read a second time on a previous day. Amendment #1 was adopted in committee. A fiscal note has been requested but not filed at this time."
"Please hold that Bill on the Order of Second Reading. House Bill 4762, Mr. Costello. Please read the Bill."
"House Bill 4762, a Bill for an Act concerning agriculture. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 5416, Mr. Brady. Please read the Bill."
"House Bill 5416, a Bill for an Act concerning transportation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed." 09800114.docx 65 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"Third Reading. House Bill 4870, Mr. Cabello. Mr. Cabello. Out of the record. House Bill 4866, Mr. Cavaletto. Mr. Cavaletto, 4866. Out of the record. House Bill 5926, Representative Feigenholtz. Please read the Bill."
"House Bill 5926, a Bill for an Act concerning liquor. Second Reading of this House Bill. Amendment #2 was adopted in committee. No Floor Amendments. No Motions are filed."
"Out of the record, Mr. Clerk. House Bill 1322, Mr. Hoffman. Mr. Hoffman. Out of the record. House Bill 4056, Mr. Jackson. Please read the Bill."
"House Bill 4056, a Bill for an Act concerning animals. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Jackson, has been approved for consideration."
"Mr. Jackson on the Amendment."
"House Bill 4056 is a gut and replacement and is an initiative of the Department of Agriculture. It amends the Pseudo Advisory Committee. The state has been disease-free since 2002 and currently, this advisory committee is not needed. House Bill 4056 changes the committee by… by seeing upon detection on pseudorabies within the state, the committee will meet and the members will only serve during the duration of the outbreak. I ask for an 'aye' vote and answer any question that you may have."
"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." 09800114.docx 66 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"Third Reading. House Bill 4225, Representative Jakobsson. Out of the record. House Bill 5894, Leader Durkin. Out of the record. House Bill 4896, Representative Hammond. Do you wish to move your Bill? Out of the record. House Bill 4914, Representative Hatcher. Please read the Bill."
"House Bill 4914, a Bill for an Act concerning education. Second Reading of this House Bill. Amendment #… No Committee Amendments. Floor Amendment #1, offered by Representative Hatcher, has been approved for consideration."
"Representative Hatcher."
"Thank you, Mr. Speaker. This deals with scholarships that are presented to dependents of those who have served in the Armed Forces. It simply expands the pool of those being served."
"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments have been approved for consideration. No Motions are filed."
"Third Reading. House Bill 3924, Mr. Mautino. Mr. Mautino. Out of the record. House Bill 5701, Representative Mayfield. Out of the record. House Bill 3912, Representative Nekritz. Please read the Bill."
"House Bill 3912, a Bill for an Act concerning local government. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1, offered by Representative Nekritz, has been approved for consideration."
"Representative Nekritz on the Amendment." 09800114.docx 67 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"Sorry. Thank you, Mr. Speaker. House… the Amendment becomes the Bill. This is an initiative of the Metropolitan Water Reclamation District to, again, provide some more opportunity for storm water projects."
"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. House Bill 2513, Mr. Phelps. Please read the Bill."
"House Bill 2513, a Bill for an Act concerning education. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 5564, Representative Sente. Please read the Bill."
"House Bill 5564, a Bill for an Act concerning revenue. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #2, offered by Representative Sente, has been approved for consideration."
"Representative Sente."
"Thank you. I request the House Floor Amendment to be adopted to House Bill 5564. This Amendment deals with the income tax refunds and how the Department of Revenue processes those requests. It does three things. It says the department shall allow the taxpayers request. Number two, it removes the statement that the election shall be irrevocable and gives the taxpayer the option to apply the election. And three, it allows the taxpayer to request the election on the original or the amended return." 09800114.docx 68 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"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. House Bill 3668, Mr. Turner. Mr. Turner. Mr. Turner. Out of the record. House Bill 5824, Mr. Pritchard. Please read the Bill."
"House Bill 5824, a Bill for an Act concerning courts. Second Reading of this House Bill. No Committee Amendments. Floor Amendments 2 and 3 have been approved for consideration. Floor Amendment #2 is offered by Representative Pritchard."
"Mr. Pritchard."
"Ladies and Gentlemen of the House, this Bill simply clarifies what constitutes a vacancy in the associate and the circuit judgeships of the 26… 23rd circuit. It's an agreement between DeKalb and Kendall County to keep the number of circuit judges the same. I would ask for your support."
"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"Floor Amendment #3 is offered by Representative Pritchard, has been approved for consideration."
"Mr. Pritchard."
"This is part of 2. It simply clarifies what is a vacancy."
"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk." 09800114.docx 69 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"No further Amendments. No Motions are filed."
"Third Reading. House Bill 4687, Mr. Sullivan. Out of the record. House Bill 5735, Representative Williams. Representative Williams. Please read the Bill."
"House Bill 5735, a Bill for an Act concerning business. Second Reading of this House Bill. Amendment #2 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 3910, Representative Yingling. Out of the record. Mr. Clerk, what is the status of House Bill 4914?"
"House Bill 4914 is on the Order of Third Reading."
"Please place that order… on the Order of Second Reading at the request of the Sponsor. House Bill 4225, Representative Jakobsson. Please read the Bill."
"House Bill 4225, a Bill for an Act concerning education. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 3924, Mr. Mautino. Please read the Bill."
"House Bill 3924, a Bill for an Act concerning local government. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Mr. Clerk, what is the status of House Bill 5922?"
"House Bill 5922, a Bill for an Act concerning criminal law. Second Reading of this House Bill. Amendment #1 09800114.docx 70 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Members, we're going to proceed to do some Third Readings now on some of your priority Bills. The first one is House Bill 4731, Mr. Andrade. Mr. Andrade. Out of the record. House Bill 4769, Mr. Beiser. Please read the Bill. Mr. Beiser, I understand there's an Amendment. Do you need to move the Bill back to Second? Please put the Bill on the Order of Second Reading and please read the Bill."
"House Bill 4769, a Bill for an Act concerning finance. This Bill was read a second time on a previous day. Amendment #1 was adopted in committee. Floor Amendment #2, offered by Representative Beiser, has been approved for consideration."
"Mr. Beiser."
"Yes. This Floor Amendment makes a technical change to a term. And, basically, what the Bill does is just, as far as the rating that the… for a surety bond, it says that it goes from an A to an A- for those that are represented by A.M. Best, Moody's, or Standard & Poor's."
"Gentleman moves for the adoption of the Amendment. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. House Bill 5322, Representative Kelly Burke. Please read the Bill."
"House Bill 5322, a Bill for an Act concerning civil law. Third Reading of this House Bill."
"Representative Burke." 09800114.docx 71 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 Burke, K.: "Thank you, Mr. Speaker. House Bill 5322 is an initiative of condominium associations and adds, basically, two requirement… requirements. It allows an association to adopt rules allowing members to vote by an electronic or acceptable technological means. And if the condo association chooses to do that, they would do it by the… some generally accepted technology. And it also allows for the use of technology in other board and owner communications. It's being… what we believe is it'll be increased member participation by making it easier for members to vote and to conduct association business. I know of no opponents. And I'd appreciate an 'aye' vote."
"Lady moves for the passage of the Bill. The Chair recognizes Mr. Moffitt."
"Thank you, Mr. Speaker. Just a quick question of the Sponsor."
"Sponsor yields."
"Does this have provision in there that… that the homeowners would have to have the capability of receiving electronic notice and if they don't, there would be the traditional… would be some other way of notifying them?" Burke, K.: "If… Correct. If they would… if they don't have that capability or choose not to be communicated with electronically, they would make that known to the association and they would continue to be… to be communicated with and vote by traditional paper methods."
"Great. I just think it's good to have that option there for those that might… I realize that more and more, it's going to be high, high percent that would probably choose the 09800114.docx 72 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 electronic method but this guarantees that… that the others that don't have that option would be notified. 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? Crespo and Franks. Please take the record. On this question, there are 114 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4561, Mr. D'Amico. Please read the Bill."
"House Bill 4561, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"Mr. D'Amico."
"Thank you, Mr. Speaker. House Bill 4561 just kind of clarifies the graduated driver's license for the Secretary of State. If you're found to have had a ticket without notifying them before you got your full GDL, they can revoke it."
"Chair recognizes Mr. Reboletti on the Bill."
"Thank you, Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, if you could give a little bit of background on this. I know we've dealt with this issue before, but what the clean-up is based off of."
"We had passed a law last year called Kelsey's Law, where somebody had had a horrible accident and were found guilty and caused great bodily harm, and two days later went in and got their driver's license. This would give the Secretary of State the ability to revoke that."
"And so, when that person went in, there were still eligible for the driver's license. They didn't know about the 09800114.docx 73 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 ticket. Secretary of State finds out subsequently, and now can take action based off of this?"
"Absolutely right."
"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? Franks, Zalewski. Please take the record. On this question, there are 114 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3937, Representative Chapa LaVia. Please read the Bill."
"House Bill 3937, a Bill for an Act concerning education. Third Reading of this House Bill."
"Representative Chapa LaVia."
"Thank you. Thank you, Speaker. You're looking mighty fine today. The Bill is brought to me by the State Charter School Commission. It's their Bill, believe it or not, pro- charter. And what they'd… they had come to recommendations back to me stating that they… they feel that the State of Illinois cannot, at this time, accommodate a virtual charter school, or any schools, and they'd like to impose a moratorium until December 31, of 2017. I'll take any questions. Ask for its passage. Thank you."
"Mr. Sandack."
"Will the Sponsor yield?"
"Sponsor will yield."
"Representative, help me out with something. You said the… a pro-charter group wants a moratorium on virtual."
"Right." 09800114.docx 74 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"Why?"
"Well, do you remember the House Resolution we did asking the charter to look at virtual charters to see if they can exist in our state? They can't exist. We don't have statute to allow them to exist. So, we gave them the responsibility to give us information on how they felt we should… we should deal with this issue and this is their recommendation from that task force."
"So, is the recommenda… but you said that the moratorium continues until 2017. Are they going to continue to look at it that time or they made a final decision?"
"Well, we don't know. What we think we'll do is start to look at what kind of statute we can put in place for, eventually, allowing them to exist if… if they'd like to exist."
"Okay. So, this isn't the death knell of virtual charter schools. It's simply that a time in which to continue their investigation into the propriety of it?"
"Right. 'Cause what we were finding throughout the State of Illinois… well, throughout the United States, is companies like K12 have enormous amount of lawsuits against them. And what we don't want to do is put them in that predicament in our state, as far as mismanagement of money and misappropriation and issues like that. So, we thought we'd take our time, work with the commission, the commissioners, to maybe, possibly in ink, and anybody else who wants to come to the table, on some perimeters in which a virtual charter school could possibly exist in the future. 09800114.docx 75 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 But right now, our state's not set up to accommodate virtual charter schools."
"Are there instances in… of other states where there's been fraud or…"
"Yes. I want to say in Philadelphia there's something like 62 counts or something. I don't remember. I mean, if you want me to get you all the documentation, you could probably go online…"
"No. No, I just…"
"…right now and look."
"I'm just interested in seeing the experience rather than, you know, potential hyperbole about it. I mean, there is instances of fraud. We…"
"Correct."
"Okay. And more than just Philadelphia, someplace else too?"
"I'm sorry, it could've been Pennsylvania. And Florida, we have issues in Florida. Off the top of my head, there is more than a couple states but, you know, since this doesn't deal with that, I want to try to keep focused on what the Bill does. So, it puts a moratorium. "
"Last… last question, Representative. The repre… request was for a moratorium through 2016. Why not accept that request since it came from the organization that now wants the moratorium to continue?"
"No reason. We just chose 2017."
"To the Bill. If we're going to do anything that the organization that's looking into the propriety of virtual charter schools, we ought to be standing by what they offer. 09800114.docx 76 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 The no reason, let's go to 2017, is as good as saying never, as well. I respect the Sponsor, but I think we've seen kind of a pattern here. And I would suggest a 'no' vote."
"Representative Pihos."
"Yes. Thank you, Mr. Speaker. To the Bill. There have been a lot of charter school Bills out there and I think they've all kind of gotten convoluted. I think what we need to remember in this Bill is there was a moratorium. The charter school commission studied the moratorium. They studied what should be done. And because of their study, this is their recommendation to the General Assembly, that they need more time to continue the studies and put the rules out there. So, I rise in strong support of the Bill because I think we've had so many charter school Bills that there's a lot of confusion. And I commend the Sponsor for bringing this forward."
"Representative Monique Davis." Davis, M.: "Thank you, Mr. Chairman. Will the… Speaker, will the Sponsor yield?"
"Sponsor yields." Davis, M.: "Representative Chapa LaVia, why is Chicago excluded?"
"Because… that's a good question, Representative. They already have an existing charter, supposedly, virtual charter school but they do have one day that they have to have C time. So, that's even questionable on whether it's a virtual charter." Davis, M.: "You know, it would really…"
"So, they're already running one, it's been in existence. And the moratorium grandfathered anybody in prior 09800114.docx 77 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 to my legislation on the virtual charter. So, we can't… we can't drag them into the future, if you will." Davis, M.: "I think it's a great piece of legislation. I only wish Chicago was included, and I do urge an 'aye' vote."
"Thank you, Ma'am."
"Mr. Burke."
"Thank you, Mr. Speaker. Will the Lady yield?"
"Lady yields."
"Representative Chapa LaVia, did you, a moment ago, suggest that this was a pro-charter piece of legislation?"
"Well, it's… it's, in the sense of the Charter School Commission, is the one that we asked to give us the information. That's what I meant. I didn't mean every charter in the State of Illinois is supporting it."
"Oh, you didn't?"
"No, I didn't mean that way."
"I misunderstood."
"So, I apologize if you took it that way."
"So, this is a recommendation from the Illinois State Charter Commission. Is that correct?"
"Correct."
"Well, I think you may understand that there are several charter school organizations that, indeed, oppose this piece of legislation. And I would think… I would recommend to the Members, if they do have any charter schools in their districts that they reach out to those individuals and determine as to whether or not they would support your legislation today. And I, unfortunately, am going to have to oppose this Bill." 09800114.docx 78 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"That's fine. I understand."
"Mr. Davidsmeyer."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Was this… was this a recommendation from the Charter School Commission?"
"I think I said that twice."
"Okay."
"But yes… I… Yes, Representative."
"I… I just want to make sure. And why a three-year moratorium? Did they recommend three years?"
"Once again, like your… one of your Members over there discussed, in the original paperwork that came over, they had suggested a two-year moratorium. I put a three-year moratorium because we have a lot of legislation…"
"Okay."
"…to build, to produce something that's just a virtual charter school in the State of Illinois."
"Yeah, and I'm not rising in opposition or support right now. I'm just trying to get a…"
"Yeah."
"…couple of answers. So…"
"It… it takes a while… as you noticed, it takes a while to like sit down, negotiate with people, and come up with a good piece of legislation that we don’t have to, two years later, have to change. And I'd rather do that to the state of… the people in the State of Illinois 'cause it cost a lot of money to put, you know, legislation in statute."
"Yeah." 09800114.docx 79 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"So, I want to take our time and make sure we do it right. Thank you."
"Okay. Thank you."
"Mr. Leitch."
"Thank you, Mr. Speaker. Will the Lady yield?"
"Lady yields."
"My analysis says that the Peoria ROE offers the only one downstate. Is that true?"
"I don't know, Sir. This doesn't deal with anybody or anyone that's had anything prior to the moratorium we placed on it last time for the Charter School Commission to… to review. So, all the ones that are prior to this can exist the way they're existing, Representative. That has nothing to do with them. It has everything to do with going forward if it's a virtual charter school."
"Thank you."
"This has nothing to do with blended. This has nothing to do with some that have C time. This is just… if a child can go to a visual… a virtual charter school that is just totally online. And right now, we don't have the statutes in order to support that."
"Mr. Arroyo."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Lady yields."
"Linda, do you have any charter schools in your district?"
"Well, no. We were going to do one, but we… we have a magnet that we produced in second. But I am the head of education in the State of Illinois." 09800114.docx 80 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"Okay, 'cause I have four or five charter schools in my district…"
"Okay."
"…and they're against this Bill."
"But it doesn't affect them."
"Could you… could you…"
"It doesn't affect them."
"Could you explain to me what you're trying to do with this moratorium?"
"It's… this doesn't affect them, once again. Anybody who already has whatever they're doing in existence, this doesn't touch them, Representative Arroyo. It's talking about virtual charters. None of the virtual… none of the charter schools in the State of Illinois are virtual charters. None of them. Chicago has a component that they call virtual but it's blended, they have C time. So, none of the charters… none of the charters are this."
"Well, they… they're calling…"
"And if they have something that they think is, this has nothing to do with them 'cause they already exist. So, it grandfathers in everybody who already is there."
"Linda…"
"So, for the charters to be opposed to this, I don’t know what to tell you."
"Could… could I ask you a question? How many charter Bills do you have this year?"
"A handful, maybe about five."
"Are you against charter schools, Linda?" 09800114.docx 81 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"I'm not against charter schools. Accountability transparency is very important in this state."
"I think so. I'm… I'm talking to Jack, but…"
"That's fine."
"Linda, I… I'm getting a lot of calls that this year, you're the person against charter schools. And I just wanted to put it on the record that, are you or aren't you against charter schools?"
"I'm not against charter schools. There's quite a few reputable charter schools in the State of Illinois. Noble is one of them. Noble does an outstanding job of what they do. I can't say too much about the other ones 'cause I haven't… I visited a few, but not a lot. But Noble is one that I have a relationship with that I visited and I've walked through and I've talked to the CEO and… and they seem to be doing a very good job. So, it… this Bill doesn't do anything to charter schools. What it does, it puts a moratorium on virtual charter schools that don't exist in our state, presently."
"Ladies and Gentlemen, I have charter schools in my district and I stand in opposition to this Bill because in my district, we want to let people have an opportunity to send their kids where they want to go to school. So, I support charter schools. I support a choice where to take your children to. And it seems like this year, a lot of people are having a lot of Bills against charter schools and it's not fair to people like me that have five charter schools in my district. I urge you to vote 'no' on this Bill."
"Mr. Demmer." 09800114.docx 82 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, I… you've been mentioning that this is a moratorium on virtual charter schools but I believe the text of the Bill indicates this applies to charter schools with any virtual schooling component. Is that true?"
"It was… there's a moratorium that was sent… there was a grandfather-in that was done with any schools that have virtual components prior…"
"I understand that, but it's the creation of a new school with any virtual component. Is that correct?"
"No. Virtual charter school does not have a presence. It… it has to be fully virtual school. Okay? We don't have one in the State of Illinois. Now, the prior speaker was talking about his schools. This has nothing to do with Chicago. Chicago is excluded out of this Bill altogether."
"No, I understand that but the… the moratorium reads, from April 1, 2013 through December 31, 2017, there's a moratorium on the establishment of charter schools with virtual schooling components."
"Right. But this has nothing…"
"So, it could be a…"
"…to do with anybody."
"…it could be a single component."
"The component, it doesn't exist today."
"A new charter…"
"A virtual charter…"
"…a new charter school?" 09800114.docx 83 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"…the virtual charter doesn't exist in the State of Illinois."
"I understand."
"Period."
"A new charter school, though, could be organized and could have a portion of the education be…"
"But that's blended."
"…provided through virtual. That would be a moratorium."
"That's blended."
"And… but that…"
"That's blended. That…"
"…that would be a virtual… that would be a virtual schooling component."
"That is blended. So… I mean… See, the issue is that we don't have statute, we don't have precedent, we don't have anything having to do with virtual charters, okay? So, the wording is there purposefully. It's a little general because we have to write legislation. And I'd be more than happy if you have something coming in your area that you want to produce that's virtual, I'd love to sit down and talk to you and see what kind of statute we have to put into place. But right now, we don’t have the capabilities for anybody that has a virtual school to come into our state and to exist. So, if it's a charter school already existing that wants to do virtual, then that's different."
"All right. Thank you. To the Bill. I think it's important that we don't handicap schools in looking for new ways of providing education. As technology continues to improve, there are new ways to deliver courses. And as we call for 09800114.docx 84 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 schools to continue to offer advanced classes, we need to understand that sometimes that can't be done physically within the brick and mortar walls of the school and that virtual schooling components are an important part of education going forward. I urge a 'no' vote."
"Representative Chapa LaVia to close."
"Once again, it's a recommendation by the Charter School Commission that what we do is we put a moratorium so we can work together on finding components and legislation to put into place for appropriate age virtual charter school to exist in our state. Hopefully, we can work together and look at that legislation in the coming years and what that puts together. I'd appreciate an 'aye' vote. 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? Mr. Harms. Mr. Mitchell. Please take the record. On this question, there are 87 voting 'yes', 27 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4948, Mr. Davidsmeyer. Please read the Bill."
"House Bill 4948, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"Mr. Davidsmeyer."
"Thank you, Mr. Speaker. This is just the Bill that we added the Amendment to last… yesterday. It allows for those who have family members who've passed away in a DUI to commemorate that with a sign, going back to 1980. So, I urge an 'aye' vote." 09800114.docx 85 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"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? Crespo. Davis. Please take the record. On this question, there are 115 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3827, Representative Monique Davis. Please read the Bill."
"House Bill 3827, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Representative Davis." Davis, M.: "Thank you, Mr. Chairman… Mr. Speaker. The… House Bill 3827 with House Committee Amendment #1 requires that the urban weatherization initiative is to be coordinated with federal weatherization programs. This includes administering the program to qualify for any federal grants or matching fund programs offered to the Department of Commerce and Economic Opportunity. Currently, the law is silent on administering the program to take advantage of any federal programs. The Bill also increases the maximum per-unit expenditure for grant recipients to 10 thousand, from 6,500. It increases the grant recipient eligible per year… per fiscal year to 2 million, up from 500 thousand. The Bill requires at least two voting members of the weatherization initiative board have experience in weather… residential weatherization or energy efficiency. This Amendment also requires at least one voting member to have experience in workforce development. Current law does not require the board members to have any specific educational work requirement. The board is responsible for approving or denying the grants that are awarded by DCEO. The 09800114.docx 86 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 board is comprised of nine members, five are voting members. They are appointed by the Governor. Four are appointed by each… two from each House. And we know that this is legislation that is proposed to increase entrepreneurship in the lowest economic communities based on the census. And it also requires that the people doing the work have some training in efficiency heating and cooling units. I'll answer any questions."
"Lady moves for the passage of the Bill. The Chair recognizes Mr. Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, I was reading the analysis and I didn't understand the per-unit expenditure, and there was a… indicating you wanted to increase the per-unit expenditure from 6500 to 10,000?" Davis, M.: "That's correct, because they found they really couldn't do some of the work in some of the much older homes. Perhaps, if they needed heating units or air conditioning units, that 6,500 was not enough to do that work."
"Okay. So, when you say per-unit, is that per property?" Davis, M.: "Per house or per six-flat unit."
"Okay. That's what I wanted to know. And then, the next line talks about increasing the amount a grant recipient is eligible from… up from 500 thousand to 2 million. How do you define a grant recipient?" Davis, M.: "Well, they… they should've worded it kind of differently. For example, the Chicago Urban League would be a grand recipient who issued the grants to organizations." 09800114.docx 87 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"I see." Davis, M.: "So, that would be the one that gets the 2 million."
"Okay, but no unit, no building could get more than…" Davis, M.: "Absolutely."
"…10 thousand?" Davis, M.: "That is correct."
"That's what I was trying to figure out. And how is this funded?" Davis, M.: "How is what?"
"How is this funded?" Davis, M.: "It's funded from a bond issue that occurred about five years ago. And since that time, they have only spent $27 million and they have repaired or weatherized 76 homes. So, currently, the money is sitting there for this program. I think it's 425 million sitting there."
"So, how many homes have been weatherized for 26?" Davis, M.: "Only 76. That's why we're changing the board."
"But for 76 homes, it's $27 million?" Davis, M.: "Twenty-one."
"Twenty-one million? What does that break down per house?" Davis, M.: "I don't know. I haven't figured it out."
"Seems like a lot of money per house." Davis, M.: "You're the mathematicians."
"Yeah. Boy, that would be… I don't think those numbers add up because it would be $300 thousand per house, and I'm doing it in my head." Davis, M.: "Well, that would be a lot more than… than that is allowed, so it probably… probably incorrect… probably incorrect numbers." 09800114.docx 88 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"That's…" Davis, M.: "I don't… I don't really know how many houses were done, but we know it was not many because of the amount of money left in that budget."
"Okay. I just want to make sure that we're spending our money right because…" Davis, M.: "Absolutely."
"How much of it is spent on administrative costs? How much of this is actually going to the weatherization?" Davis, M.: "No more than 15 percent can be spent on administrative costs. The limit is 15 percent."
"Why have we only spent 27 million?" Davis, M.: "I think it… my thought is because the board was not experienced. There was no one on the board who had expertise in workforce development, or education, or grant writing. People were appointed to the board who really had no knowledge of weatherization or how to effectively weatherize a home. So, this Bill will make sure that there are people who are skilled in the necessary training or education that will allow them to make decisions to repair those homes, or weatherize them."
"I think there's good things in this Bill. Raising it to 10 thousand makes perfect sense, and changing the board makes perfect sense. My only real concern though is how much they've spent per house and whether we're getting a good return." Davis, M.: "Well, I do believe that some of the much older homes would perhaps require a greater expense…"
"Oh, sure." 09800114.docx 89 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 Davis, M.: "…in order to keep these people in their homes. It will… these dollars will go for training also of potential employees. It will help to get gainful employment for a community that's suffering with 49 percent unemployment. And some of these individuals who'll will get the training don't have a, what shall I say, education like a college degree. So, they'll be able to use expertise and training that they get in this particular program."
"Well, if… I know you can't get it now, but if you can get us the numbers on how many homes had been done and what the cost is per each, I'd appreciate it." Davis, M.: "I'll do that for you, Representative Franks, and thank you for your questions."
"Thank you."
"Representative Davis to close." Davis, M.: "I just ask for a favorable vote. I think we'll put a lot of people to work, we'll also repair a lot of homes. And the State of Illinois is always, I would say, looking forward to assisting those in the State of Illinois who need help with weatherizing their homes, and employment and training for people. Thank you, Mr. Speaker. I'd like 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? Please record yourselves, Members. Cross, Dunkin, Feigenholtz, Kosel. Mr. Clerk, please take the record. On this question, there are 87 voting 'yes', 28 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4211, Mr. Franks. Please read the Bill." 09800114.docx 90 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"House Bill 4211, a Bill for an Act concerning civil law, which may be referred to as the Payment Non- discrimination Act. Third Reading of this House Bill."
"Mr. Franks."
"Thank you, Mr. Speaker. This Bill was brought to me by a constituent who indicated that she was being required to pay her rent electronically and she didn't want to do that. Many people are uncomfortable in doing so. So, this Bill is pretty simple. Under current law, there's no restrictions as to whether a landlord may request a specific form of payment from a tenant for residential property and this legislation would simply prohibit a landlord from requiring a tenant to use an electronic form of payment as the only means of accepting rental payments. It provides that the rental agreements would be unenforceable if the waive a tenants rights under this proposal. I, myself, had my bank account breached last spring. I won't use automatic payments and I understand why some people won't do that, as well. I'd be happy to answer any questions."
"Mr. Sandack."
"Will the Sponsor yield?"
"Of course he does."
"No."
"Thank you."
"I don't."
"You don't like electronic means of money transfer, I get it, you can make that choice. Why are you mandating a landlord/tenant issue when they can make that choice all by themselves?" 09800114.docx 91 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"Because right now, some landlords are saying that they'll only accept electronic, and I…"
"Then they can go rent somewhere else, Jack."
"Somebody's been at a house for… or an apartment for a couple of years and all of a sudden the management company, the new one, comes in and says, listen, we're only going to take payment this way. So, he says, no, I really want to give you a check because I don't want anyone getting my electronic number. I think they could… they could do it if they choose to and if they want to, they can. I'm saying it just can't be the only means of them receiving payment."
"Wait a minute. That doesn't make any sense. Jack, what if… what if the landlord says, I only want to take checks, or I only want cash? Are we going to legislate…"
"No, that's different. What I'm saying is you could, as a landlord, can accept any form of payment that they want, they just can't limit if to one. Because otherwise, you're taking away an individual's right on how they wish to pay. Last time I checked, American currency was still good."
"Well, that is American currency. This is good funds…"
"Yeah."
"…being transferred immediately. It's still currency. You know that."
"But it's also not as secure as someone who may wish to write a check or pay in cash, if that's what they choose to do."
"To the Bill. This doesn't make any sense. Vote 'no'."
"Mr. Reboletti." 09800114.docx 92 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"Thank you, Mr. Speaker. You're looking very dashing up there. Would the Sponsor yield?"
"Well, if you put it that way, yes."
"Representative Franks, I'm a little confused here. So, we're going to say that here's… you said you had a constituent who had this issue, so she entered into a contract. Was that in the contract?"
"No. It was after… Mr. Reboletti, I want to thank you for not being persnickety today. Not that I'm totally sure what that means but I'm sure you'll be loquacious and explain later. But what happen was is the individual was renting and then subsequently, a new management company came in and said, you know what, we're only going to take payment electronically. And we have people who are seniors who, frankly, don't have a computer in their home. And if this is the only way that they're going to make payments is through from their computer through their bank account, it's very difficult for them. So we have people who want to pay by check. We're saying, let them pay how they want and if they… and if they want to re… if they want to take an electronic payment, they certainly can, but don't make it the only way."
"When the new company came in, didn't they just take over that rental agreement at that time and then could not change the agreement? Is that…"
"I don't think it's in a rental agreement how payments are usually done. Oftentimes, what it says is payments will be at X place. It doesn't necessarily say how. This was a rule change by a management company that… and this… and, Mr. Reboletti, we're not creating new law here. We'd only be the 09800114.docx 93 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 fourth state doing this. And this has become a problem for our seniors, it really has, because many seniors aren't as computer savvy as others and they don't feel comfortable doing it and they don't trust… I mean, heck, if you'd like to remember what happened to Target just a few months ago, I'm surprised that there hasn't been more breeches. And I think people ought to have a choice if they wish to have their… their money being paid electronically or not."
"Well, why wouldn't we just make that part of the contract and, of course, then the landlord could say I'm only going to take payment that way? And then the person could simply say, well, I'm not going to rent there because I want to pay by an alternative means. Why… why are we going to legislate this?"
"I think we have an obligation to help protect our consumers. And some people just don't want to be mandated to have to turn over their electronic information. They don't believe it's safe and in many cases, they're right. And I don't know how many more times we have to have terrible breeches like what happened at Target and heck, what hap… I can tell you, I was terrified last March when it happened to me and they were getting into my bank accounts. I will not do it anymore, and a lot of people won't do that. And I think we ought to be able to protect our consumers."
"And I'm not against consumer protection or seniors, Jack. So, it doesn't mean that I necessarily would've… I'm going to support your legislation, 'cause we're not outlawing credit cards and debit cards then, because that's the only way then to assume that no breeches will occur. But I don't 09800114.docx 94 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 know if we want to disturb the contractual arrangements between parties. And I think that if… if a party wants to do that and say, I'm only going to take this this way or offer, as credit card companies do, they offer a reduction in your payment…"
"Which… which they can do and this would allow that. But many people, Mr. Reboletti, don’t even have credit cards and… and they don’t have bank accounts, some of them. Some of them have to pay in cash because we have a different economy now than it was just five years ago. So, to… to have a landlord come in and… and the other issue is most folks aren't that sophisticated when they read a contract. Now, you're an attorney, you'll read the contract top to bottom. I would venture to guess that most people don't, the vast majority don't. And people can slip in something, in the contract, saying the only way we're taking money is on electronic payment. And 98 percent of the people aren't going to catch that."
"And so, this person, your constituent, didn't have the means to do it electronically or…"
"No."
"…did not want to do it?"
"She's one of the most sophisticated people I know. And she has the means, and she has the computer in her home, and she has a bank account, and she's got credit cards, but she's also been hacked on her credit cards and on her… on her e- mail. And she does not feel secure in making those payments, and I don't think that should be the only option. And this can be an option if people can avail themselves, but I just 09800114.docx 95 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 don't think it's fair to have it as the only option for people who don't feel secure doing it. 'Cause I tell you, I wouldn't do it."
"Thank you."
"Representative Nekritz."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, what happens in a case where a lease has already been signed that has this provision in it and we come along and statutorily undo the lease?"
"I think it would only be prospective. It'd be for those going forward."
"Does your… does your language say that?"
"I'll check. I pre… I presume all of our Bills are prospective. I don't think we have many that are retrospective."
"Well, it would seem to me that's the only way it's constitutional because, otherwise, it's an… it's a…"
"Right."
"…ex post facto."
"Yeah. It's certainly my intention for it to be prospective."
"Okay. Well, I… I join the… my colleagues on the other side of the aisle in having some concerns about mandating… we come in and statutorily do something that otherwise should be addressed in a contract and in a lease that someone voluntarily signs up for. And I get that… you know, if I was looking to get a condemnation portion of my lease, I might not understand that and I might not be sophisticated enough 09800114.docx 96 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 to do that, but I think I would be sophisticated enough to read the lease and say… and see whether I can pay electronically or whether I can pay the other means. That seems a pretty simple… that's not a legal concept, that's a simple straightforward…"
"Oh, I agree but I'm talking the real world. Most people don't read it. They say, okay, your rent is, you know, 800 bucks, please sign here and give me your security deposit. And most people do that. But this…"
"And so, we're going to legislate because people won't understand what they're… what they're…"
"No."
"…or they're… or they're…"
"This… this doesn't prohibit the payment by electronic means. I want…"
"I understand."
"Okay. It's just saying it can't be the only one."
"It… but it does prohibit… it does prohibit the landlord from… from engaging in something that they've been en… that they've been doing."
"That's correct. Correct. But I mean… in the real world, most people don't read that stuff. They… whether they have the ability to or not, when they see it, it's legal gibberish to most. I mean, you're an attorney, Mr. Reboletti's an attorney, I'm an attorney, we read that stuff. I get it, but I think that we're in the vast minority on that. And I think we have an obligation to help protect those people who may not have thought this through. Because they're not going to look to determine… to determine that certain clue." 09800114.docx 97 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"Well, then I… then I think if we're… if we're going to do that, we ought to statutorily mandate a condemnation clause in a lease 'cause that's the most confusing part of a lease, not the… not how you're going to pay it. So, I… you know, I… I under… I appreciate the problems that your constituent faces with having these kinds of things, you know, her concern about being hacked, but I have some concerns about the fact that we're just stepping in as the Legislature and telling people what they can and cannot do in a contract. Thank you."
"Mr. Davidsmeyer."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Does the state currently allow small businesses to file paperwork instead of electronic?"
"I don't know what the state does."
"You don't?"
"No. I can't figure it out. I know they don't pay their bills on time."
"Okay."
"Mr. Davidsmeyer, I want to be clear…"
"My understanding is everybody's moving towards all electronic and there's a lot of older business people, specifically, you know, some farmers and things of that sort that are really having concerns about filing… filing electronic things."
"But this isn't about business. This is about somebody's residence. And…"
"And I under… yeah. I understand that. I'm just saying it's a similar idea when you have a small business 09800114.docx 98 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 person who's, you know, not used to or not comfortable with the electron… the electronic ways, the ways of technology and…"
"Or the means. I mean, some of…"
"Yeah."
"I mean, many homeowners or renters aren't going to have the means. And I want to be very clear. All this Bill does is to maintain the renter's right to choose the method of payment in which they are most comfortable. We're not precluding any method of payment. We're just saying you can't only accept this one way because many people, frankly, just don't have the means to do it."
"And I don't… I don't disagree with what you're trying to do. I think that the state should do a similar thing for small businesses, as well."
"Thank you."
"Thank you."
"Mr. Dunkin."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Jack, I'm trying to get some clar… clarity here. Those… there have been some excellent points raised, I believe. How do you explain this to, sort of, the layperson, let's say, in McHenry County who is a renter?"
"I tried to explain it to my, you know, great-aunt, who doesn't have a computer; doesn't know how to use a computer and doesn't want to learn how to use a computer; doesn't pay her bills electronically. She still writes her checks and puts the stamp on it. This will say you can still pay how you 09800114.docx 99 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 want. But what I'm saying is you can't have a landlord say the only way we're going to accept payment is electronically. This will keep… they can certainly say that's one of the means but they can't preclude the others because I think people have real and justifiable security concerns when it comes to their electronic data. Right now in my wallet, for instance now, I'm carrying, because I was breeched, I have these things that I put my credit cards in now so RFID can't get… they… they're blockers. This is… I tell you, the hackers out there know what they're doing a lot better than the little old ladies know how to protect. And you know, I think this is very important to protect our citizens who need that protection."
"Sure. So, the… what was the genesis of this Bill? What… what led this? Was there a major outcry in your district or…"
"No. Some constituents complained and they were elderly and didn't feel more… they didn't feel comfortable having to use electronic means to pay because, like all of us, they can read the newspaper and learn about all the breeches that occur. And they're on a fixed income. They're scared they're going to… they're going to lose their life savings."
"So, is there a cost associated with this…"
"None."
"…would you anticipate?"
"None."
"I'm just curious, why in Judiciary Committee, that this was a 10 to 6 vote instead of a… a leave."
"I wasn't there, so I'm not sure. I had another committee at that time I was chairing." 09800114.docx 100 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"And that was the only reason that… that was the reason of why it…"
"No. It might have failed if I was there, Ken."
"Ah, I see. All right. I'm just trying to figure it out. All right. So, that sounds clear…"
"I real… I honestly didn't know there was any opposition to it."
"Yeah, I'm just trying to figure out… I would think, as a landlord, one would want any form of payment as long as they pay."
"I would think so too. So…"
"So, this Bill does nothing else, correct?"
"That's it."
"Thank you."
"Thank you."
"Mr. Reboletti, you already spoke in debate. How can we help you?"
"My name was used in debate."
"By which Legislator, Sir?"
"By… by another Representative, as Representative Reis pointed out."
"I don't… I don't actually recall that, but proceed… proceed, proceed, Sir."
"I believe Representative Nekritz did. So, she can… I use… she could…"
"She would never use your name in debate, Sir. Please proceed."
"Representative, do you recall a Bill, maybe last year or the last couple of years, that required small business 09800114.docx 101 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 owners to have to file things electronically? Do you remember that? 'Cause we're trying to find that legislation right now, and there was concerns about small-business owners being able to file things by traditional means instead of electronic means."
"I don't remember. Do you have a Bill number or… or when it was?"
"We're working on it right now."
"Okay. But I'm not sure what that has to do with this Bill. This Bill is about a lessees dealing in a residential issue. This has nothing to do with business."
"Well, I agree with one of the previous speakers that this is truly a landlord/tenant agreement and that if a person wants to enter into that, or that should be something that should be modified or discussed prior to the signing of it. So, I would urge a 'no' vote."
"Representative Kifowit."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Quick question. In your legislation, one can pick up a telephone and do a wire transfer or actually transfer funds between institutions. Is that considered electric… electronic means in your Bill and; therefore, a person, if they're required to do electronic means, they… they can't even do one of those bank transfers?"
"I can read you the Bill. A lessor of residential real estate may not require a lessee to use an electronic system as the only method for the payment of rent. A lessor may offer a discount in exchange for the lessee to use an electronic 09800114.docx 102 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 system to pay rent but may not assess any fee or other charge if a lessee chooses not to use an electronic system."
"So, do you consider wire transfer electronic or not?"
"Sure. And usually, your… your banking institution will charge you for a wire transfer."
"Well, I think your argument was that of availability to seniors, and if the senior is available to a telephone and they choose not to give their information, then they're… they're acting upon a slight charge to use their telephone to electronically transfer their payment."
"Sorry, I couldn't hear you."
"I said… I said your argument that seniors can't do this but if they have access to a telephone and they… they wanted to do that instead of electronic means, then they have that option."
"I just… I just don't think they feel comfortable doing it. I just… all I'm saying is if they want to they can, but this shouldn't be the only way they have to pay. I just… I just don't think it's right to force people who are concerned about the security of their financial information to have to make it available electronically. And I… I tell you, I think many of us probably feel the same way. So, I don't why we would allow someone to mandate that this is the only way someone can pay when they don't want to."
"And then, do… do you believe that landlords are… are, in short, businesses? So, now, the state is telling individual business owners how to run their business by this legislation?" 09800114.docx 103 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"I'm not telling them how they're doing their business. I'm saying that they can't tell little old ladies that they have to open, you know, an electronic account. And also, you're assuming that these people have bank accounts. Do you know how many people in this country are underbanked, who can't get bank accounts? You know how many people in this country who don't have credit cards? A lot of people have to go to the currency exchanges and bring cash and then turn that into the form of payment that they're making their rent payments on. So, not all of us, you know, live in a… in a suburban lifestyle that have banking and credit cards and access to credit. We… a lot of people don't. So, to require people to do this would be dispossessing folks needlessly. And I think we ought to protect our… our most vulnerable citizens and those with the faintest voices."
"To the Bill. I think, again, this is infringing upon small businesses and business owners on how they run their business. I think small… I think landlords are… are important to our community and I think there are landlords that work with individuals that are unbanked. And there are landlords that choose to run their business more efficiently and definitely more accurately with regards to electronic. And I do believe that this infringes upon their rights to operate the way that they wish. Thank you, Mr. Speaker."
"Mr. Cross."
"Thank you, Mr. Speaker. I'd like the record to reflect on House Bill 3937 that it should be reflected as a 'no' vote. My intention was to be a 'no' vote. Thank you." 09800114.docx 104 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
Speaker Lang: "Record will reflect your intentions. Representative Hurley. Lady is not at her seat. Mr. Franks to close."
"I appreciate the debate. I really don't see the issue here. We're still allowing people to pay however they want. I just am very concerned that people could be dispossessed… No, I'm very concerned. People could be dispossessed, needlessly, that they… that an additional requirement, solely for the benefit of a landlord, could really harm other folks. This is… think about people in your const… in your communities who don't have access to banks, who don't have credit, what that could do to them. I think we should be able to maintain the status quo. And I 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? Please vote your switches, Members. Dunkin, Evans, Lilly, Riley, Sims, Soto. Mr. Clerk, please take the record. On this question, there are 46 voting 'yes', 65 voting 'no', 1 voting 'present'. And this Bill, having received the… Excuse me. And the Bill fails. Mr. Riley in the Chair."
Speaker Riley: "Thank you. Next, we have House Bill 5689, Representative Gabel. Representative Gabel. Mr. Clerk."
"House Bill 5689, a Bill for an Act concerning safety. Third Reading of this House Bill."
"Representative Gabel."
"Thank you, Mr. Speaker. This Bill is an agreed upon Bill with the manufacturers of e-cigarettes. It would require child-proof tops on refill containers of e-cigarettes. The refill liquid is a highly concentrate of nicotine, and 09800114.docx 105 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 nicotine poisoning has no antidote at this time. And 10 milligrams is lethal for a toddler, and the bottle has over 150 milligrams. So, as e-cigarettes are a safer alternative to smoking, let's make sure that no child should be put in danger because of an e-cigarette. So, again, it's an agreed upon Bill with the manufacturers. And I ask for an 'aye' vote."
Speaker Riley: "The Chair recog… recognizes Representative Osmond."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she will."
"Representative, in anywhere in this Bill does it ban e- cigarettes?"
"No, it does not."
"Is there anywhere in this Bill that you require e- cigarettes to be put underneath the counter or on the back shelf?"
"No."
"In this Bill, does it just say that you are asking rulemaking to specify that a child-proof cap should be used?"
"Yes, it is. And many of the manufacturers told me that they already use child-proof caps. But there some on the market, such as this one, that does not have a child-proof cap."
"Well, I can honestly say that I have received numerous emails telling me to vote against this Bill because they don't understand your Bill. And that's why I rise in support of this Bill, because it merely is just putting child-cap… child- 09800114.docx 106 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 type caps on the liquid that is used in e-cigarettes. Thank you."
"Thank you."
"Chair recognizes Representative Ives."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she will."
"Other than, please don't ban my raw milk, I will say I've received a predominant amount… most of my emails lately have been, don't ban these e-cigarettes. Which your Bill does not do, correct?"
"Correct."
"Okay. So, their big opposition was that it would ban this… the sale of this liquid pending the department's rulemaking on them? And so, they think that it's going to be taken off the shelf until the rules are made concerning the packaging?"
"Yes."
"I just wanted to get clarification on that."
"Yes. That is not the intent of this Bill and that is not what will happen. The products will still be available until the rulemaking is made."
"Okay. So, they're completely going to be available in their current packaging, but then the future production will have to put in the child-safe packaging, correct?"
"Correct."
"Thank you for clearing that up."
"Thank you."
"Representative Gabel to close." 09800114.docx 107 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"Thank you very much. I appreciate an 'aye' vote to protect children from this… from not being able to consume these liquids. Thank you."
"The question is, 'Shall House Bill 5689 pass?' All those in favor vote 'aye'; all those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Members, record yourselves. Mr. Clerk, take the record. On this question, with 105 'yea', 10 'nay', 0 'present', House Bill 5689, having received the Constitutional Majority, is hereby declared passed. Representative Phelps, for what reason do you rise?"
"I have a point of personal privilege, Mr. Speaker."
"Make your point."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I just want to take the time to thank everybody that attended and helped last night for the Illinois Legislative Sportsman's Caucus. It was our best one yet. We want to thank Jim Sacia for showing up. So, thanks to everybody."
"It was a great event. Thank you. Representative Cassidy, for what reason do you rise?"
"A point of personal privilege."
"Your point."
"Mr. Speaker and Members of the House, I'm… I'm pleased to introduce today some students from Loyola University Chicago who are here today in the gallery. They're here for the Environmental Lobby Day, and they're back here in the back. Please say hello to our Loyola students." 09800114.docx 108 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"Thank you for coming. Welcome to all of you and enjoy your day in Springfield. Next, we have House Bill 5856, Representative Moffitt. Mr. Clerk."
"House Bill 5856, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Representative Moffitt."
"Thank you, Mr. Speaker. House Bill 5856 is an initiative of the Illinois Association of Fire Protection Districts. And what it will do is ensure that if a fire district is… decides to dissolve by referendum, there's a dissolution by referendum, that there will also be a consolidation with an adjoining fire district. This is an agreed Bill. No opposition, but it's a voluntary dissolve of a district, by referendum, and that they will be annexed by the neighboring… one of the neighboring districts, make sure there's constant protection. They already have an agreement set up, then, transferring assets, liabilities, duties, and obligations. It makes a continuum of fire protection across the state. Be happy to entertain any questions."
"There being no debate, the question is, 'Shall House Bill 5856 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, with 115 'yea', 0 'nay', 0 'present', House Bill 5856, having received the Constitutional Majority, is hereby declared passed. House Bill 5307, Representative Greg Harris. Mr. Clerk."
"House Bill 5307, a Bill for an Act concerning regulation. Third Reading of this House Bill." 09800114.docx 109 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"Representative Greg Harris." Harris, G.: "Thank you, Mr. Speaker and Members of the House. This legislation arose when it came to our attention that residents of CILAs were not given the same protection under State Law for their personal funds and how they're accounted for and banked and segregated, that residents in other institutions, such as nursing homes and ICFDDs, are afforded. So, this simply extends the same protections to those persons who are residents of CILAs as we have in place for, you know, other institutions that are regulated by the state. I would appreciate an 'aye' vote."
"There being no debate, the question is, 'Shall House Bill 5307 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, with 115 'yea', 0 'nay', 0 voting 'present', House Bill 5307, having received the Constitutional Majority, is hereby declared passed. House Bill 4035, Representative Hernandez. Mr. Clerk."
"House Bill 4035, a Bill for an Act concerning health. Third Reading of this House Bill."
"Representative Hernandez."
"Thank you, Speaker. So, House Bill 4035 amends the Health Statistic Act. This Bill would just give an opportunity for the Department of Public Health to collect data information linking to the long-term effects of childhood cancer and the original… in its original diagnosis. I ask for your 'aye' vote." 09800114.docx 110 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"There being no debate, the question is, 'Shall House Bill 4035 pass?' All those in favor vote 'aye'; all those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, with 115 voting 'yea', 0 voting 'nay', and 0 voting 'present', House Bill 4035, having received the Constitutional Majority, is hereby declared passed. Next, we have House Bill 3707. House Bill 3707, Representative Osmond. Mr. Clerk."
"House Bill 3707, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Representative Osmond."
"Thank you, Mr. Speaker. House Bill 3707 deals with clarifying the Township Code as to a township's supervisor paying bills between meetings to avoid fees on late payments. And the agreement… the Amendment also deals with verifying that the bills will be reviewed at the next township hearing. I know of no opposition. And I'd be happy to answer any questions."
"There being no further debate, the question is, 'Shall House Bill 3707 pass?' All those in favor vote 'aye'; all those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Williams, Moylan. Mr. Clerk, take the record. This question, with 90 voting 'yea', 24 voting 'nay', 0 voting 'present', House Bill 3707, having received the Constitutional Majority, is hereby declared passed. Next, we have House Bill 4535. House Bill 4535, Representative Lang. Mr. Clerk." 09800114.docx 111 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"House Bill 4535, a Bill for an Act concerning regulation. Third Reading of this House Bill."
"Leader Lang."
"Thank you, Mr. Speaker, Ladies and Gentlemen. Under the law today, if someone from a foreign country wishes to take the exam to become a… an architect or an engineer in the State of Illinois, they have to take an English proficiency test. However, many of these folks get graduate degrees right here in America. And presumably, you wouldn't be able to get a graduate degree in America if you couldn't speak English well enough to do it. All this Bill does is exempt the English test requirement for those that get their graduate degrees in America. I would ask your support."
"There being no debate, the question is, 'Shall House Bill 4535 pass?' All those in favor vote 'aye'; all those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mayfield, Kay. Mr. Clerk, take the record. On this question, with 111 voting 'yea', 4 voting 'nay', 0 voting 'present', House Bill 4535, having received the Constitutional Majority, is hereby declared passed. House Bill 4380. House Bill 4380, Representative Manley. Mr. Clerk."
"House Bill 4380, a Bill for an Act concerning children. Third Reading of this House Bill."
"Representative Manley."
"Thank you, Speaker, Members of the House. House Bill 4380 is a Bill that cleans up our state's Divorce Code. The Divorce Code, currently, refers to children born out of wedlock and I believe this is a designation of inferiority 09800114.docx 112 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 relative to children born in a marriage. This Bill would change all mentions of child born out of wedlock to the term, non-marital child, but have no other affect. It will have no impact on inheritance rights; no impact on visitation rights. No child should have to suffer a perceived lower status because of the choices of their parents. This is a simple piece of legislation to make the language in our legal Code reflected of present-day circumstances. I'll take any questions."
"There being no debate, the question is, 'Shall House Bill 4380 pass?' All those in favor vote 'aye'; all those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Leitch, Reis, Cavaletto. Mr. Clerk, take the record. On this question, with 104 voting 'yea', 8 voting 'nay', 2 voting 'present', House Bill 4380, having received the Constitutional Majority, is hereby declared passed. Next, we have House Bill 5143, Representative Poe. Mr. Clerk."
"House Bill 5143, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"Representative Poe."
"Mr. Speaker and Ladies and Gentlemen of the House, this is a license plate Bill and the money that would be… the revenues that come in on that would be deposited into World War II Illinois Veterans Memorial Fund. And with the memorials getting several years old and we're needing… make sure we've got some maintenance. And also, the fund is used for veteran education. And I'd ask for an 'aye' vote." 09800114.docx 113 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"There being no debate, the question is, 'Shall House Bill 5143 pass?' All those in favor vote 'aye'; all those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, with 110 voting 'yea', 5 voting 'nay', 0 voting 'present', House Bill 5143, having received the Constitutional Majority, is hereby declared passed. Next, we have House Bill 4516. House Bill 4516, Representative McAsey. Mr. Clerk."
"House Bill 4516, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"Representative McAsey."
"Thank you, Mr. Speaker, Members of the House. House Bill 4516 is essentially a technical change to clean up a concern that was raised after legislation passed last spring. We passed a parity Bill with predatory criminal sexual assault of a child to make sure that male and female victims were able to be treated under the law. There was a concern raised about innocent conduct being criminalized. So, this is a technical change to make sure that that's not the case. It also addresses charging 17-year-olds with the crime. This is an initiative of the Cook County's State's Attorneys Office. I know of no opposition and ask for your support."
"There being no debate, the question is, 'Shall House Bill 4516 pass?' All those in favor vote 'aye'; all those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Tracy. Mr. Clerk, take the record. On this question, with 115 voting 'yea', 0 voting 'nay', 0 voting 'present', House Bill 09800114.docx 114 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 4516, having received the Constitutional Majority, is hereby declared passed. Next, we have House Bill 5891. 5891, Representative Mussman. Mr. Clerk."
"House Bill 5891, a Bill for an Act concerning business. Third Reading of this House Bill."
"Representative Mussman."
"Thank you, Mr. Speaker and Members of the House. So, this Bill is actually just cleanup material for the Internet Dating, Child Care and Senior Care, and Home Safety Act. We were actually too specific in defining the point size of the type. It does not take into account the various mobile devices people would be examining this on. So, we're simply clarifying it as clear and conspicuous. There's no opposition and I'm happy to answer any questions."
"There being no further debate… there being no debate, House… the question is, 'Shall House Bill 5891 pass?' All those in favor vote 'aye'; all those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, with 115 voting 'yea', 0 voting 'nay', 0 voting 'present', House Bill 5891, having received the Constitutional Majority, is hereby declared passed. Next, we have House Bill 4483. House Bill 4483, Representative Reboletti. Mr. Clerk."
"House Bill 4483, a Bill for an Act concerning government. Third Reading of this House Bill."
"Representative Reboletti."
"Thank you, Speaker and Members of the Body. This Bill would allow the park districts, forest preserves, and 09800114.docx 115 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 conservation districts to do their own Open Meetings Act training, similar to what we already do with drainage districts, as well as school districts. I'll take any questions."
"There being no debate, the question is, 'Shall House Bill 4483 pass?' All those in favor vote 'aye'; all those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Lang, Walsh, Greg Harris. Mr. Clerk, take the record. On this question, with 93 voting 'yea', 21 voting 'nay', 0 voting 'present', House Bill 4483, having received the Constitutional Majority, is hereby declared passed. Next, we have House Bill 4784. House Bill 4784, Representative Smith. Mr. Clerk."
"House Bill 4784, a Bill for an Act concerning civil law. Third Reading of this House Bill."
"Representative Smith."
"House Bill 4784 amends the Condominium Property Tax Act, expressing… allow condo boards to manage to electronic delivery and notices of communication to their… to their owners. I ask for a 'yes' vote."
"There being no debate, the question is, 'Shall House Bill 4781… 4784 pass?' All those in favor vote 'aye'; all those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Scherer, Cassidy. Mr. Clerk, take the record. On this question, with 115 voting 'yea', 0 voting 'nay', 0 voting 'present', House Bill 4784, having received the 09800114.docx 116 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 Constitutional Majority, is hereby declared passed. House Bill 4782. House Bill 4782, Representative Welch. Mr. Clerk."
"House Bill 4782, a Bill for an Act concerning civil law. Third Reading of this House Bill."
"Representative Welch."
"Thank you, Mr. Speaker. House Bill 4… Oh, one second. I have the wrong Bill. Sorry about that. House Bill 4782 amends the Forcible Entry and Detainer Article and provides for circumstances under which a condominium board may lease a unit after the board is awarded a judgment for possession in an eviction proceeding. This is an initiative of the Chicago Bar Association. And I ask for an 'aye' vote."
"The Chair recognizes Representative Reboletti."
"Thank you, Speaker. Will the Sponsor yield?"
"Indicates he will."
"Representative, I know that you're a very capable of attorney and I was wondering why you are now the Sponsor this legislation in that your chief cosponsor has been… seems to be a little bit, I don't know, just taking a break from legislation for a little bit or… I'm not sure because this is about the third Bill she's passed off now. So, I was wondering how you ended up with this."
"Nothing nefarious, Representative. She just had so many Bills on her list that she needed some help."
"All good legislation, of course. Right?"
"All good legislation."
"All right. Thank you."
"Thank you."
"Representative Welch to close." 09800114.docx 117 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"I ask for your 'aye' vote."
"The question is, 'Shall House Bill 4782 pass?' All those in favor vote 'yea'; all those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, with 115 voting 'yea', 0 voting 'nay', 0 voting 'present', House Bill 4782, having received the Constitutional Majority, is hereby declared passed. Next, we have House Bill 5610. House Bill 5610, Representative Reis. Mr. Clerk."
"House Bill 5610, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"Representative Reis."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. House Bill 5610 is cleanup language from the DNR feed package Bill that passed a couple of years ago and started taking affect last summer, where DNR needs some clarity as to whether or not an inner tube requires a water use sticker. And this clarifies that they don't need that. So, people can get their inner tubes, float down a river and don't have DNR police coming after them because they don't have a sticker attached. Be happy to answer any questions, and ask for your 'aye' vote."
"The Chair recognizes Representative Jack Franks."
"Thank you, Mr. Speaker. A parliamentary inquiry. Has HCA 1 been adopted?"
"Mr. Clerk."
"For House Bill 5610, Amendment #1 was adopted in committee." 09800114.docx 118 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"Okay. Thank you. So, HCA 1 adds an inflatable device for open water navigation as the definition. Could… Okay. Now, is an inflatable device a dingy?"
"Thank you, Representative. That's a good question because I asked the same thing of DNR. The Amendment is the language from DNR. We wanted to clarify what a nonmotorized floatation device was. We felt that the original Bill that was introduced was too broad and they wanted to include another type of float… floatation device that still would re… would require the sticker. So, we were happy with the Amendment. It does… dingies would be registered along with the sailboats and stuff…"
"So… So, you would need?"
"Yes."
"Okay."
"Canoes, kayaks still require the sticker."
"Could…"
"But you know, a lot of people float down rivers with inner tubes and it was ridiculous to say that they needed a sticker to do that."
"Please define dingy."
"That's why I hesitated when you brought it up."
"No, I'm serious."
"A dingy is a small boat that people sail out from a dock to their sailboat so they can get their sailboat and then go on their merry way on their sail."
"Stop it."
"And might I point it out, Representative, that I voted for your last Bill that failed." 09800114.docx 119 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"Now, when you say small boat, is there a definition?"
"I'll let you Google that in Wikipedia spell."
"No, I'm serious. I've seen these. You can buy them, like on Sharper Image and you can, like, sail them around. I'm just wondering, would I need to get a sticker. I mean, is there a size limitation? Is it four feet? Is it six feet? Is it 12 feet?"
"I don't have an answer for that, Representative. That is not the intent of the Bill. The intent of the Bill is to narrowly say that flotation devices do not need a water use sticker."
"But I'm… was wondering if this is that… I'm just wondering if it's specific enough, quite frankly."
"DNR's happy with the way the Bill is drafted now."
"'Cause I'm just wond…"
"And that gives them more clarity as to how to implement the fee structure Bill."
"And what do they mean by inflatable device? Could it be…"
"I'm not going there, Representative."
"I'm sorry. I'm trying to do this very serious… I'm not kidding. Because I've seen some boats that are partially inflatable and others aren't. Like, does it have to be a certain percentage? Like if you're, you know, if you want to have something like… like you'd see chasing whales. That's, you know, partially inflatable, a zodiac. So, would that fall within this definition?"
"Representative, once again, DNR helped craft the language that we have today, as amended. They feel that this gives 09800114.docx 120 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 them the clarity they need to not require the water use sticker for certain things, yet require it for others. They're happy with it and it allows them to move forward."
"Okay. So, it's… it's watercraft not propelled by a sail or a canvas or machinery of any sort?"
"No. It's only infl… it's only inflatable. So, kayaks and canoes still require it even though they're not motorized."
"What happens if it's an inflatable canoe? I'm not kidding. I've seen those things. I'm just trying for legislative intent."
"I'm… I'm assuming that that would not need a sticker."
"Okay. So, if you, like, were floating down… what people happen to do is they float down rivers and they have their… their beer next to them and they float down. So, you're saying if you're in a inner tube, you don't need to have a sticker, correct?"
"Correct."
"Okay. So, under what circumstances would you need to have the sticker?"
"Basically, everything else."
"How about a floating mattress?"
"No."
"Okay. There's things…"
"'Cause it's not motorized and it's inflatable."
"Okay. So, is it… you have to look at the motor then?"
"Yes."
"Okay. What happens with things you put in the pool that are really thick, those big heavy polystyrene things that…" 09800114.docx 121 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"That is not includable either and that's why the first draft from DNR that was given to me, I didn't feel that those were exempted. There's even some inner tubes that have handles and they're molded and they've got a mesh bottom. We felt that those might be requiring them."
"I was wondering that, because…"
"But…"
"How about those chairs that you can sit in that you can hold beverages that you can float?"
"I would say no."
"Okay. But I just want to make sure that that's what this legislation says. I'm just wondering… that's why I was looking at definition and didn't know if the size of the dingy mattered."
"Is that a rhetorical question?"
"No, it wasn't rhetorical."
"Okay."
"I'm just saying, the definition might not be exactly what you want, so I'll listen to the rest of the debate."
"The Chair recognizes Representative Cavaletto."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates he will."
"Representative, how many patches are we allowed on that inner tube?"
"Once again, Representative, this would require… remove the requirement that you have any stickers, but it has nothing to do with patches."
"So, I could… I could have an inner tube with 10 or 12 patches on it?" 09800114.docx 122 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"Yes."
"Okay. Thank you."
"The Chair recognizes Representative Nekritz."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates he will."
"Representative, I support your legislation. I just… I was wondering, at some point when… how many… how many of these kinds of inner tubes could be latched together before it becomes a fleet that, I think, might not qualify under this?"
"That has nothing to do with it because it would still be non-motorized."
"So, as long as… as long as inflatable and nonmotorized, we could latch together 10 or 12 inner tubes and… and still be fine."
"That's my assumption. Yes."
"All right. Thank you."
"But will you join… will you join me on one of those rides?"
"I'm… I’m happy to join you on the lazy river, Representative."
"Okay."
"Representative Reis to close on his first Bill."
"Actually, my second Bill this year. Ladies and Gentlemen, this just clarifies that it's ridiculous for DNR to require a water use sticker on an inner tube. There's thousands of situations, especially in rural Illinois, where people float down a river and they really don't want DNR police picking them up for not having a water use sticker attached to their inner tube. I ask for an 'aye' vote." 09800114.docx 123 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"The question is, 'Shall House Bill 5610 pass?' All those in favor vote 'aye'; all those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, with 115 'yea', 0 'nay', 0 'present', House Bill 5610, having received the Constitutional Majority, is hereby declared passed. Representative Martwick, for what reason do you seek recognition?"
"A point of personal privilege, Mr. Speaker."
"Make your point."
"Mr. Speaker, behind me in the gallery, standing behind me, is the second half of Garvey Elementary School. It's a school that is in Representative McAuliffe's and my district. I would ask all the Members to join me in welcoming them to their Capitol."
"Welcome to your State Capitol. Have a great day. Representative Mayfield, for what reason do you rise?"
"Thank you, Speaker. Please let the record reflect that I intended to vote 'yes' on House Bill 3827."
"Thank you. The record will certainly reflect that. Have House Bill 4486. House Bill 4486, Representative Willis. Mr. Clerk."
"House Bill 4486, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Representative Willis."
"Thank you, Mr. Speaker. This Bill is an initiative from my district. I was visiting a Ray Graham group home and they had four young men that had moved into this home, and they were waiting for a fifth young man to join them, but he was 09800114.docx 124 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 unable to because he was a type 1 diabetic. He required insulin injections. And under the guidelines of Public Health, he was not allowed to get his injections done to him by the CILA coordinator. So, this actually just adds allowing injections, Epipens, being done by a trained staff. So, that will require additional training for the CILA home monitors. And so, I do urge an 'aye' vote for this and am willing to take any questions. I do have all the support I need on this, I believe."
"There being no debate, the question is, 'Shall House Bill 4486 pass?' All those in favor vote 'aye'; all those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, with 114 voting 'yea', 0 voting 'nay', 0 voting 'present', House Bill 4486, having received the Constitutional Majority, is hereby declared passed. House Bill 4593. House Bill 4593, Representative Zalewski. Mr. Clerk."
"House Bill 4593, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Representative Zalewski."
"Thank you, Mr. Speaker. House Bill 4593 allows for the Department of Financial and Professional Regulation to issue what are called volunteer licenses to health care professionals employed in practice. What it allows is, basically, these professions to come back in and serve patients without having to be… go through the full licensure procedure. This is a health care… prohealth care Bill that'll 09800114.docx 125 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 offer more health care to individuals in our state. And I'd ask for an 'aye' vote."
"There being no debate, the question is, 'Shall House Bill 4593 pass?' All those in favor vote 'aye'; all those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, with 115 voting 'yea', 0 voting 'nay', 0 voting 'present', House Bill 4593, having received the Constitutional Majority, is hereby declared passed. Returning to the Order of Second Reading, we have House Bill 3768, Representative Burke. Mr. Clerk, please read the Bill."
"House Bill 3768, a Bill for an Act concerning animals. Second Reading of this House Bill. No Committee Amendments. Floor Amendments 1 and 2 have been approved for consideration. Floor Amendment #1 is offered by Representative Dan Burke."
"Representative Burke on Floor Amendment #1."
"Thank you, Mr. Speaker. Floor Amendment #1 would simply give greater understanding of the term 'companion animal'. And I'd ask for the Body's favorable consideration."
Speaker Riley: "Representative Burke moves do adopt Floor Amendment #1. All those in favor state by saying 'aye'; all those opposed 'nay'. In the opinion of the Chair, the 'ayes' have it. And Amendment #1 to House Bill 3768 is passed. Mr. Clerk."
"Floor Amendment #2, offered by Representative Dan Burke."
"Representative Burke on Floor Amendment #2." 09800114.docx 126 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 Burke, D.: "Thank you so much. Floor Amendment #2 would retain the language of the underlying Bill, as introduced, adds the term, again, talking about the companion animal. Covers any companion animal abuse carried out in the presence of a minor. Again, I'd ask for the Body's favorable consideration."
Speaker Riley: "Representative Burke moves to adopt Floor Amendment #2 on House Bill 3768. All those in favor vote 'aye'; all those opposed vote 'nay'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #2 on House Bill 3768 is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. House Bill 5707, Representative Cassidy. Mr. Clerk, read the Bill."
"House… House Bill 5707, a Bill for an Act concerning education. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 6005. House Bill 6005, Representative Chapa LaVia. Mr. Clerk, read the Bill."
"House Bill 6005, a Bill for an Act concerning education. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 390. House Bill 390, Representative William Davis. Mr. Clerk, read the Bill."
"House Bill 390, a Bill for an Act concerning revenue. The Bill was read for a second time on a previous day. No Committee Amendments. Floor Amendment #1 is offered by Representative Will Davis."
"Representative Davis on Floor Amendment #1." 09800114.docx 127 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 Davis, W.: "Thank you. Thank you very much. House Amendment #1, as I'm searching here, Mr. Speaker, I apologize. I wasn't as prepared for this. Mr. Speaker, can you just come back to me and give me a moment?"
"Out of the record." Davis, W.: "Thank you."
"House Bill 4329, Representative Franks. Mr. Clerk, read the Bill."
"House Bill 4329, a Bill for an Act concerning wildlife. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #1 is offered by Representative Franks."
"Representative Franks on Floor Amendment #1."
"Thank you, Mr. Speaker. This is an agreed upon Amendment by the… between the DNR and myself. This was after committee, they'd asked for some changes reducing the fees for sport fishing license for those individuals over 75 years of age. So, it'll make it cheaper for them to be able to… to fish and hunt in the State of Illinois. I'd be happy to answer any questions."
"Representative Franks moves for adoption of Floor Amendment #1 to House Bill 4329. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #1 to House Bill 4329 is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. House Bill 5410, Representative Gabel. Mr. Clerk, read the Bill." 09800114.docx 128 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"House Bill 5410, a Bill for an Act concerning public health. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 3911, Representative Gordon-Booth. Mr. Clerk, read the Bill."
"House Bill 3911, a Bill for an Act concerning local government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments have been approved for consideration. No Motions are filed."
"Third Reading. House Bill 3798, Representative Mautino. Mr. Clerk, read the Bill."
"House Bill 3798, a Bill for an Act concerning government. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 4786, Representative Rita. Mr. Clerk, read the Bill."
"House Bill 4786, a Bill for an Act concerning transportation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 5401, Representative Williams. Mr. Clerk, read the Bill."
"House Bill 5401, a Bill for an Act concerning safety. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 4594, Representative Zalewski. Mr. Clerk, read the Bill." 09800114.docx 129 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"House Bill 4594, a Bill for an Act concerning criminal law. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 390, Representative Will Davis. Mr. Clerk, read the Bill."
"House Bill 390, the Bill was read for a second time on a previous day. Floor Amendment #1, offered by Representative Will Davis."
"Would you like to…" Davis, W.: "Yes, Mr. Speaker. I move for the adoption of Amendment #1."
"Okay. Do you want to tell us a little bit about the Amendment?" Davis, W.: "Well, Amendment #1 essentially becomes the Bill. The Bill is attempting to address issues with regard to corporate tax loopholes and potentially, addressing corporate tax loopholes with regard to bringing more revenue here into the State of Illinois."
"Representative Sullivan, would you like to speak on the pending Amendment?"
"Yes, I would."
"Well, the…"
"Sorry, Mr. Speaker. We were trying to shut something off here."
"Okay."
"Will the Sponsor yield?"
"The Sponsor will yield." 09800114.docx 130 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"Representative, I don't think that this is just some small, little Amendment. This actually goes to the heart of what probably will be voted on over the coming months. Could you maybe go into a little more detail on the three main points by which we're going to be raising taxes on businesses in the State of Illinois?" Davis, W.: "Well, first of all, I would probably say your characterization of raising taxes may be just a little out of sorts. While I do understand that this may require some businesses to pay more in taxes, but it's also addressing situations where they're… they may not already be paying taxes and this would encourage them in order to do so. So, what I have here is, with regard to your question about the three main points, and I'll read from our analysis. It's, currently, when a corporation that is located outside of the U.S. sends profit distributions back to the parent corporation within the U.S., that income is not taxed. This Amendment will tax these foreign dividends received by corporations within the U.S. Secondly, the Federal Government recreated in 2005 a tax deduction for qualified production activities income. With this deduction, businesses are allowed to deduct up to 9 percent of their net income earned on sales of certain pro… produced goods and services. This Bill would end that deduction at the state level. And thirdly, currently in Illinois, related businesses are required to file income tax returns as one unitary business group. This is not required, however, if the related businesses use different apportionment rules. For instance, transportation companies and financial services companies uses different apportionment 09800114.docx 131 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 standards. This bill would repeal this noncombination rule so that, even with different rules of apportionment, related businesses would have to file as a unitary group."
"So, all told, is there an estimate on the increased costs to businesses by these changes to our Tax Code?" Davis, W.: "Well, I think what I can tell you with regard to a fiscal note that was filed, it says that House Bill 390, House Amendment #1, will have a positive fiscal impact on state revenue of approximately $445 million."
"So, spoken a different way, that's saying $450 million decrease or negative impact to those same companies?" Davis, W.: "Well, I… I guess if that's how you want to characterize it. It's like saying that a 2 percent increase, from three to five, is 2 percent of 66 percent."
"Okay. Thank you, Representative. No further questions."
"Representative Reis, for what reason do you rise? Okay. Representative Kay."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates he will."
"Representative, this Amendment that you are proposing today, is this an Amendment that came from you from a constituent or is this your own initiative? Where… where'd this come from?" Davis, W.: "Well, I have been working with some… some groups. I would probably call them the Fair Tax Coalition, which is a number of groups here that frequently come down to Springfield to advocate for a variety of issues. Among them, I would probably say, is the Center for Tax and Budget Accountability, which is a bipartisan tax policy think tank." 09800114.docx 132 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"So, you don't think business is being taxed enough, taxed at all? How does… what's the best description of this Bill? A fair tax Bill because no one is… business is being taxed? Or you think this is a Bill, as Representative Sullivan depicted, where we're simply trying to tax business more, take away, not the loopholes, but the deductions that they've enjoyed?" Davis, W.: "Well, again, I think it's a matter of semantics. Some people would say loopholes, you would say tax breaks. It's really about how you feel about what we're addressing here. For myself, I look at it as revenue that we're not collecting in the state. Unfortunately, in this upcoming budget year, K- 12 education, from not… last year's numbers to this year's numbers, are almost $900 million lower. So, I simply look at this as an opportunity to bring revenue in the state. Now, accordingly, what I understand about this is that some businesses are not paying their fair share of taxes. And for that matter, some are not paying taxes at all, as Mr. Sullivan, who asked me to read the three components of the Bill, that was one of the components that I… that I stated. So, again, I think it's just a matter of how you view…"
"Yeah." Davis, W.: "…what we're doing."
"Well, let me ask you this question. Basically, you don't like business tax deductions, do you?" Davis, W.: "I'm… I don't what?"
"You don't like the business… the corporate business tax deductions we have in this state, do you?" 09800114.docx 133 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 Davis, W.: "No. I wouldn't… I wouldn't quite say that. Now, if you're asking me about corporate tax deductions, I think that businesses who receive corporate tax deductions need to do more for us for getting those breaks. Now, some would argue that they're here, they're employing people. But we've got a number of programs here in the state where we're trying to find employment for youth. Now, wouldn't it be nice if the companies that get those tax breaks, also were required to maybe hire some of the youth that we're funding through some of these other programs, that would be at no expense to that corporation? So, I wouldn't say that I'm against corporate tax breaks, but I would like to see them maybe done a little differently."
"So, tell me specifically, which loopholes do you want to close?" Davis, W.: "Which ones?"
"Which ones?" Davis, W.: "Well, I don't know if I could tell you which ones, specifically, right now. This is, again… if you want me to read again…"
"No." Davis, W.: "…I can certainly read the three components of the Bill. Now, any business that falls underneath any of those…"
"Well, let me ask… let me ask…" Davis, W.: "Like… like I said earlier, and I'll just give you a brief example. Again, when a corporation that is located outside of the U.S. sends profit distributions back to the parent corporation within the U.S., that income is not taxed. So, we're talking about that. Now, which businesses may fall 09800114.docx 134 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 under that? I don't know if I can give you a comprehensive list right now. But if you would like one, I'd be more than happy to research and give you that list of businesses that fall…"
"Okay." Davis, W.: "…under that particular provision."
"Representative, why do you think those businesses engaged in activity where they would move their income offshore, as opposed to keeping it here in Illinois?" Davis, W.: "To avoid paying taxes."
"Is there any reason to think that our tax rate might be a little bit too high in the last four years?" Davis, W.: "Well, if you're talking about a business that maybe moved within the last few years, maybe that could be a rationale for them doing it."
"So, you don't… you don't really… you really don't care for Caterpillar?" Davis, W.: "But… but what about businesses that have moved prior to the last four years?"
"Well, but hold on a second. You don't like a company like Caterpillar and what they did, do you?" Davis, W.: "I can appreciate Caterpillar and what they do."
"Okay. Well, what… it's what they did do, though. I'm talking about how Caterpillar has attempted to protect their company by various deductions and you don't like that." Davis, W.: "Like I said, I wouldn't characterize it as me not liking that. Again, but if there are opportunities in which…"
"How much?" Davis, W.: "…corporations… the few…" 09800114.docx 135 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"Well, how much…" Davis, W.: "I'm trying to answer your question. Or… or have I answered it? Have I answered your question?"
"How much revenue do you anticipate recouping for the state?" Davis, W.: "Well, according to our analysis here, they estimate a… and there was a fiscal note filed for this particular Bill, so we anticipate approximately $445 million."
"I can't here you, Representative. I'm sorry. Forgive me."
"Ladies and Gentlemen, there is a debate on the floor on this Amendment that you should all be listening to. So, let's just tone it down a little bit, please. Shh."
"Will, if I could ask you to repeat that."
"Thank you."
"I didn't hear your answer." Davis, W.: "Well, according to the fiscal note that was filed on the Bill, they anticipate by taxing foreign dividends that would be $320 million, decoupling from the federal QPAI deduction that would be 100 million. And repealing the noncombination rules will be 25 million. So, approximately, $445 million."
"That's a lot of money." Davis, W.: "I wouldn't disagree with that."
"So, what would you… what would you rather have? Would you rather have the $445 million or would you rather have companies stay in the State of Illinois?" Davis, W.: "Well, I think when I had this Bill in committee, another Gentleman from your side of the aisle asked me a very similar question. Now, I'm not a corporate CEO, and so, I can't say what's in their mind or what they would do. The 09800114.docx 136 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 reality, I think, is that corporate CEOs make decisions all the time about their businesses, whether they do it based on their leadership or they do it on behalf of their… of their shareholders or people who own their stock. So, they make decisions all the time, so I couldn't say whether or not a business would or would not stay in Illinois based on what we're doing here. Now, if you want to use an example, Arthur Daniels Midland wanted a corporate tax break and threatened to leave the State of Illinois if they didn't get it. Well, debate ensued. Unfortunately… and I'll say unfortunately, they didn't get it and then they subsequently moved their corporate headquarters to Chicago."
"But…" Davis, W.: "So, again, they made a decision looking at a variety of factors and made a decision, presumably, that was best for their company to stay in Illinois and move their headquarters to Chicago."
"Yeah. My question, though, really was of you, not about ADM or anybody else. My question really was, what do you prefer? Do you prefer the revenue or do you prefer taking a chance that major corporations, or maybe even intermediate size corporations, decide enough is enough and they leave?" Davis, W.: "Well, again, I don't know if I'm… if I'm prepared to answer that question. The Bill that we're trying to move forward suggests that if we do the following things that the State of Illinois will have a positive revenue impact of $445 million."
"And this is a part of the 39 billion we're trying to get to, isn't it?" 09800114.docx 137 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 Davis, W.: "Part of what 30…"
"We're trying to get a revenue stream of…" Davis, W.: "What 30…"
"…about 39 billion." Davis, W.: "What 39 billion?"
"That's the revenue stream we're going to need to keep this state going and spending more." Davis, W.: "According to my analysis for House Bill 390, it says it would have a positive impact of $445 million. Now, if you're talking about something else, is that another Bill? It's not my Bill, so let's… why don't we talk about the Bill that we have on the board."
"So, let's… let's approach this from a different perspective. Why… if we're going to do this, why don't we just rewrite the tax code like I've heard is happening now? Why don't we bring that out and have your Bill incorporated into that?" Davis, W.: "Well, I think there have been some conversations about rewriting some elements of… of the Tax Code. And I've been in favor of moving those. Now, if we have a guarantee from your side of the aisle, you in particular, that we can move rewriting the Tax Code, then you're right, that's a different conversation. So, is that something you're willing to commit to right now?"
"Well, I'm… I'm all for rewriting the Tax Code, but I'm more so in favor of keeping states (sic-businesses) in the State of Illinois. I don't know that you've looked at the Tax C ode, but it's the biggest bunch of cobbled together pieces of legislation up and down, left and right, that I've ever seen. And, frankly, it's a disgrace. But having said that, I am 09800114.docx 138 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 curious about whether or not you've seen where Illinois ranks with respect to all other states in terms of businesses that are looking at coming here or staying here." Davis, W.: "And…"
"I'm looking… I'm looking the data now that says Illinois is either a good state to be or a bad state to be. Have you seen that info?" Davis, W.: "I've not. But have you seen the data that talks about where Illinois ranks in terms of the quality of its education and the need for more money to help improve the quality of that education. Which, according to businesses and corporations, that if we're able to be successful in the quality of education that we provide, that they would be willing to come to this state."
"Well, 445…" Davis, W.: "So, it's six in one hand…"
"Will…"
"Members…" Davis, W.: "…six in one hand, six in the other."
"Members. Representative Kay, let me just… let me just tell you…"
"Sure."
"…that there's three more speakers that want to speak."
"Absolutely."
"I would ask everybody to remember that this Bill is on Second Reading."
"Right. Yeah."
"So, could you bring your remarks to a close?" 09800114.docx 139 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"Absolutely. I thank you, Speaker. I would just say this. We have a reputation second to none for being unfriendly to business. That is the environment is one, which is not conducive for a company to make money, stay here, make a profit, pay dividends, et cetera, et cetera. And I would remind the Representative that the reason businesses are in business is not to lose money, but to make money. And they don't mind paying taxes unless they're excessive. And when they become excessive, they do two things; they move offshore or they move to another state. So, I'd be very, very careful what you do with this because people are watching. Thank you, Mr. Speaker."
"Thank you. The Chair recognizes Representative Reis."
"Thank you, Mr. Chairman, for coming back. I wanted to try to clarify something. Inquiry of the Chair first, before I have a question."
"Go ahead."
"This Bill was introduced last year. For the vast majority of Members, once your Bills don't pass, they go to Rules and you have to start over. How come this Bill was allowed to come back out?"
"This Bill received an extension."
"I don't see an extension anywhere on anything."
"That's my information, Representative Reis."
"Well… All right. Will the Sponsor yield?"
"He indicates he will."
"Representative, I'm not here to debate with you, 'cause I know this is on Second Reading, but I am here to question the 09800114.docx 140 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 process. Your Amendment was debated almost a year ago. Why didn't this go back through committee this year and be properly vetted? I mean, this is almost taxation without representation because since you passed this Bill out of committee, there must be another two dozen tax increases that have been proposed. This should've went back to committee and vetted and allow people to have the same debate that we're having here, and go through the normal committee process." Davis, W.: "You're saying that the Amendment should've gone… to my knowledge, we debated this Amendment."
"Last year, May of '03, is when…" Davis, W.: "Well…"
"…this Amendment was approved." Davis, W.: "Well… but you're suggesting that we go back and debate something again that we've already debated."
"All of our Bills, at the end of each Session, die and we have to start over." Davis, W.: "You don't get extensions on your Bills, Representative Reis?"
"No." Davis, W.: "Oh, okay."
"And I don't…" Davis, W.: "I'm sorry to hear that."
"…see anywhere in here where this Bill is extended. It just came up on the 19 of March of this year, it says approved for consideration by the Rules Committee. This Bill was debated almost a year ago. And I'm not here to argue about… you know where I stand on this. I’m talking about the process in allowing people…" 09800114.docx 141 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 Davis, W.: "Well, again…"
"…with the dynamics that…" Davis, W.: "Representative…"
"…have changed in this state…" Davis, W.: "…we have debated this Amendment. I'm sure…"
"A year ago." Davis, W.: "…your analysis reads…"
"A year ago." Davis, W.: "…just like mine."
"A year ago. Will you… will you say it was debated a year ago?" Davis, W.: "So… so you're suggesting that Bills that were debated last year don't come back to this floor?"
"In a new form and they have to go through the committee process again." Davis, W.: "In a new form? Well, again, I don’t control that part of it. I know this Amendment was indeed debated. It was placed on the Calendar. I assume that if it's on the Calendar, it's available to be able to move forward."
"Thank you, Representative. Ladies and Gentlemen of the House, to the Bill. Our former colleague, Representative Black, said I don't take myself seriously but I take this process seriously. This should've been started over, went through committee, and allow the affected people to come in and testify. The dynamics, financially, in this state have changed a lot in the last year. I'm not here to say 'yes' or 'no'. I support this and I'm not asking you that. This should go back, be pulled out of the record and started over and 09800114.docx 142 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 allowed fair committee process of letting people talk about the pros and cons of this Bill."
"Representative Reboletti, would you like to speak on Floor Amendment #1?"
"I would. I have a question of the Sponsor."
"The Sponsor will yield."
"Representative, yesterday, I tried to move two pieces of legislation out that could actually be, maybe, Amendments onto your legislation. Would you consider adding those pieces of legislation to this measure?" Davis, W.: "Well… Would I consider adding your Amendments to this Bill? Well…"
"Those two Bills that I fought…" Davis, W.: "…unfortunately…"
"…that I tried to discharge yesterday." Davis, W.: "Well, I tell you what, Representative, again, I'm not aware of the two Bills that you attempted to discharge. If you'd like to have a conversation with me about it, why don't we move… adopt this Amendment. We have an opportunity to debate this Bill on Third Reading. It's a House Bill, which means it has to go over to the other chamber, and while it's in that process, you and I can talk about the things that…"
"Well, I… I would love to do that 'cause my other colleague here talked about rewriting the Code. And I… and I can appreciate what you're trying to do here. I may not agree with it, but maybe there could be some type of compromise. But the problem, Representative, is also the process. I know you don't control the gavel either, but your side of the aisle does. And yesterday, it took one Representative to stop 09800114.docx 143 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 democracy in its tracks to allow a hearing, a floor hearing, about legislation. Could've went to committee, but it's bottled up. It could be part of this legislation, but it's bottled up. And so, it's hard to consider when only the direction of democracy travels in one way and so that we're only asked to take a look at Bills from your side of the aisle. I think that's the frustrating part. And I realize the Rule of 60; I'm familiar with it. But we all represent 108 thousand people. And I think that's the part of the process 'cause I don't want my people shut out of the process, 'cause we've talked a lot about ballot access. But the people I represent shouldn't be shut out of this process either and I think many of us feel that people are being left out. So, I appreciate what you're trying to accomplish, but I think there's a much bigger goal that we all need to work on before May 31."
"The Chair recognizes Representative Arroyo."
"Thank you, Mr. Speaker. Would the Sponsor yield?"
"He indicates he will."
"Will, there's a lot of confusion in this Bill, a lot of people have been speaking against this Bill. I rise in support of this Bill, but could you be a little clearer on what we're trying to do with this Bill?" Davis, W.: "Well, if you would like me to read it again, Representative, I'll be more than happy to read, again, the three… essentially, the three components of the Bill. Was that… is that what you would like me to do?"
"Yes." 09800114.docx 144 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 Davis, W.: "Okay. Again, well, essentially, the Bill is trying to provide a way to tax foreign dividends. It's suggesting that we decouple from the Federal QPAI deduction. And it's suggesting that we repeal the noncombination rules."
"Thank you for making that clear. I support your Bill, Mr. Davis. Thank you." Davis, W.: "Thank you."
Speaker Riley: "The Chair recognizes Representative David Harris." Harris, D.: "Thank you, Mr. Speaker. A question of the Sponsor."
"The Sponsor will yield." Harris, D.: "Representative, this Bill started out, I believe, as a shell Bill. Is that correct?" Davis, W.: "That is a possibility." Harris, D.: "A possibility? Did it or didn't it?" Davis, W.: "Well, let me… let me find out an answer to that question. Hold on a minute. Well, I don't know if it was a shell Bill, but it… the House Bill 390 was used as a vehicle Bill for this Amendment. So, I don't know if it was a shell Bill." Harris, D.: "Okay. What did… what did the original House Bill 390 do?" Davis, W.: "I have no idea, Representative." Harris, D.: "Okay. So, the original Bill, House 390 made a technical change, which I think was just to… to change a single word in the Tax Code. So, we use the term 'shell' Bill, but we won't say that this was a shell Bill. This was an intention…" Davis, W.: "A vehicle Bill." 09800114.docx 145 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 Harris, D.: "…intention to get the Bill out of committee. It went to the… the Bill went to the Executive Committee, correct?" Davis, W.: "You mean the…" Harris, D.: "House Bill… House Bill 390 was reported out of the Executive Committee, correct?" Davis, W.: "I assume you're talking about the original Bill? Now, the Amendment came out of Revenue & Finance." Harris, D.: "Floor Amendment 1?" Davis, W.: "Yes." Harris, D.: "And the specifics of Floor Amendment 1, let's be… let's be clear. The specifics of Floor Amendment 1, when you say it decouples, what's that decoupling mean in terms of dollars and cents?" Davis, W.: "Well, according, again, to what I've had the opportunity to read, and I will share it with you again, Representative, that particular portion of the Bill, the decoupling, financially, indicates that it could net $25 million a year." Harris, D.: "Okay." Davis, W.: "Excuse me, $100 million a year." Harris, D.: "Okay. And the… the dividends deduction… the dividends received deduction, what's that equate to dollars and cents wise?" Davis, W.: "Is that the taxing of foreign dividends, Sir?" Harris, D.: "Right." Davis, W.: "According to the analysis I have, $320 million." Harris, D.: "And the repeal of the noncombination rule for… for corporations. What does that equate to?" Davis, W.: "It could equate to $25 million." 09800114.docx 146 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 Harris, D.: "Okay. So… and so, the total adds up to about $445 million. Is that correct?" Davis, W.: "If my math is correct." Harris, D.: "Okay. And I'm… I think your math… adding that up, your math looks to be correct. So, this Amendment is going to place an add… $445 million worth of financial burdens on corporations in the State of Illinois, correct?" Davis, W.: "Again, I… if that's how you'd like to characterize it." Harris, D.: "Okay. That's fine. Now, the Leader of your party has said, gosh, corporations were already paying a pretty big burden in the State of Illinois, and he would like to reduce the tax on corporations by 50 percent. So, you seem to be going against the Leader of your Party here, in terms of you want to…" Davis, W.: "Which… which Bill are you referring to?" Harris, D.: "I don't know the Bill number. It's the one that the Speaker introduced that reduces the corporate income tax by 50 percent, retroactive to January 1 of this year." Davis, W.: "Okay. I'm told that he did do that." Harris, D.: "Do… Well, he did. That we know. That we know. My point here, quite simply, is this. And Mr. Speaker, if I may… Mr. Speaker, I request a Roll Call vote on this Amendment."
"Your request is acknowledged." Harris, D.: "Thank you very much. Ladies and Gentlemen of the House, let's fully understand what we're voting on. We're voting on new revenues coming out of the corporations of the State of Illinois where this is, call it what you want, it's an additional tax on the corporations of the State of 09800114.docx 147 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 Illinois. It's an additional burden. We're talking about increasing taxes. The Governor, at least, is talking about increasing taxes at the… at the state lev… excuse me, at the individual level, keeping them where they are now, rather than letting that individual tax revert to what the law currently calls for. He's talking about keeping that there. The Speaker of this House has proposed an income tax increase on a Constitutional Amendment, on changing the income tax for a surcharge on millionaires. We are talking, without exaggeration, about billions of dollars of new revenue. If that's not enough, we now have to change these provisions of the Tax Code to add another half billion dollars of revenue. Think about what you're voting on here. If all of the proposals that have been put forward so far are enacted into law, the revenues of this state would increase, according to my estimation, about 10 percent in one year. This is a huge increase. This alone is a big enough increase. You combine it with everything else that we're talking about, this is absolutely the wrong way to go. This is absolutely the type of… type of Bill that corporations are going to say, Illinois is not business friendly; I don't want to go to Illinois because all they're looking to do is tax me, tax me, tax me. Bad Bill. Bad Amendment. Strongly urge a 'no' vote."
"The Chair recognizes Representative Sandack."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates he will."
"Will, there has been some questions about the process. So, forget the substance for a second, I think some other speakers have attended to that and you've answered those 09800114.docx 148 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 questions. I'm assuming you're aware of what's going on right now with Revenue and State Government Committees, they're meeting jointly." Davis, W.: "I believe, yes. They have been for quite some time."
"And… and I think they're doing so on a bipartisan basis and they're really going at aspects of the budget, and revenue, and property tax bills and the like in a pretty spirited and cooperative manner. Why wouldn't you present this to that… to that joint committee so that it gets a good proper vetting rather than, frankly, a year delay. It's pretty important. Don't you think it should be vetted at that level, in a bipartisan way?" Davis, W.: "Well, at the very least, part of that joint committee is the Revenue & Finance Committee, which did debate this issue. We presented it before that committee, questions were asked, questions were answered, and a vote was, indeed, taken. So, in a sense, it has been vetted by one of our committees."
"No… no question about that. It was a year ago and since that time, these two committees are working together and they're pretty specific in what they're doing. They're pointedly looking at revenue in all aspects and they're giving Bills pretty heightened scrutiny. With all due respect to what had happened last year, it's a different dynamic and the scrutiny level is significantly higher. I really think you should consider bringing it to that committee so that it gets the due process and the proper vetting it should get." Davis, W.: "I would… I would agree with you that it is a different dynamic than last year because, right now, we're faced with the possibility of our temporary income tax increase going 09800114.docx 149 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 away. To my knowledge, there's no Bill on the table to extend it. If there is, I'm not aware of it."
"Me either." Davis, W.: "So, you're right, this is a different time. And in lieu of the possibility of that going away, why are we not having dialogue about additional sources of revenue that could play in this game? You're right, the State Government and Revenue Committees have been meeting and talking about a number of different things that impact the state's revenue one way or the other. Wouldn't disagree with you on that. But again, this proposal has been at least vetted by the Revenue Committee, which Members from your side of the aisle participate on. And I assume that when we're given… when given the opportunity, they did ask questions about this proposal and it subsequently did pass out of committee, and here we are today."
"Thank you. To the Amendment, Mr. Speaker. The Sponsor obviously is correct, this was vetted last year, but it was a different dynamic. It was… I think it was a partisan Roll Call and the state of the state has changed since then. And importantly, Chairman Frank… Franks and Bradley are putting together, I think, a pretty fair process for vetting all revenue Bills through a joint committee process. And I think it's a deliberative process and this Bill is not involved in that process. It is a mistake to shortcut this Bill, bring it to the floor a year in arrears, and expect it to get the same type of review. I join my previous speaker colleague in saying to folks to deliberate before pushing a button on this. This ought to be vetted the right way. I say vote 'no'." 09800114.docx 150 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"Representative Davis to close on Floor Amendment #1." Davis, W.: "Well, again, thank you, Mr. Speaker. I appreciate the comments and questions and also the concerns of the previous speakers. And like the Gentleman said, this is a different dynamic than we were in last year. And for me, as an Appropriations' chair, let me explain to you, from my perspective, what that dynamic is. We voted on a Resolution to certify how much revenue we would have available in the next fiscal year. I believe those numbers are off in a negative way of about $2.2 billion. And K-12 education, where I am the chair, where I am the Appropriations' chair, that is going to result in about almost 900 million less in terms of spending on K-12 education. So, I have never shied away from the need for additional revenue here in the State of Illinois, to put on the table to make sure that we can do a number of things, do a number of things. This Bill presents one way that we can help us to get to the possibility of flat funding in education. And if we're unable to do that, again, when we start to go into our appropriations process, we're going to start to make some significant cuts. One thing that Members on both of the… both sides of the aisle are always sensitive about are mandated categoricals, which is primarily our special-ed spending. There's no way that we can maintain a maintenance of effort in those categories with $900 million less. Which means that if we don't replace it the following year, that means the Federal Government is going to come and penalize us. That's interesting. Again, we're talking about putting revenue on the table to help us to accomplish the 09800114.docx 151 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 things that we're attempting to do. Some… someone on that side characterized it that this is a tax burden on businesses. Well, if you're not paying taxes, don't you think you should pay taxes? And unfortunately, we do have some corporations who are not paying taxes in the State of Illinois. So, if you want to talk about fairness, are they paying their fair share? No, they're not. Why shouldn't we ask them to pay their fair share of taxes? House Bill 390, Floor Amendment #1, is one way in which we are attempting to get to that fairness that all of you talk about, or many of you talk about, here in Springfield in terms of how we work with our businesses and the business in the corporate climate. That's what's important here. That's what we're attempting to do here. Again, I think we need revenue. I never shied away from additional revenue. This is one component of getting us to where we need to go, in addition to the other components as well. So, I strongly encourage, strongly encourage, you to support this measure if you are at the very least concerned about cuts in education. Thank you."
Speaker Riley: "Representative Davis moves do adopt Floor Amendment #1 to House Bill 390. Remember, this is a Roll Call vote and it is the preponderance of the 'aye' votes, more 'yeas' than 'nays'. So, the question is, 'Shall Floor Amendment #1 to House Bill 390 pass?' All those in favor vote 'aye'; all those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, with 49 voting 'yea', 65 voting 'nay', 0 voting 'present', Floor Amendment #1 to House Bill 390 has not been adopted. We are 09800114.docx 152 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 still on the Order of Second Reading. House Bill 5895, Representative Brady. Mr. Clerk, read the Bill."
"House Bill 5895, a Bill for an Act concerning transportation. Second Reading of this House Bill. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 5893, Leader Durkin. Mr. Clerk, read the Bill."
"House Bill 5893, a Bill for an Act concerning revenue. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 1322, Representative Hoffman. Mr. Clerk, read the Bill."
"House Bill 1322, a Bill for an Act concerning regulation. Second Reading of this House Bill. Amendment #2 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. House Bill 5348, Representative McAsey. Mr. Clerk, read the Bill."
"House Bill 5348, a Bill for an Act concerning safety. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Now we're going to move to the Order of Third Reading. We're back on Third Reading, Ladies and Gentlemen. House Bill 3748, Representative Monique Davis. Mr. Clerk."
"House Bill 3748, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Representative Monique Davis." 09800114.docx 153 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 Davis, M.: "Thank you, Mr. Speaker. This Bill merely changes the reporting date. I think it's extending the life of the Disparities Commission. It's a commission that doesn't get any dollars, and the date for its extinction was coming up and we wanted to extend that for two years."
"There being no debate, the question is, 'Shall House Bill 3748 pass?' All those in favor vote 'aye'; all those opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, with 115 voting 'yea', 0 voting 'nay', 0 voting 'present', House Bill 3748, having received the Constitutional Majority, is hereby declared passed. Representative Bost, for what reason do you rise?"
"Thank you, Mr. Speaker. If the record could reflect that Representatives Osmond, Schmitz, and Pihos are excused for the rest of the day, please."
"Thank you. We'll certainly reflect that. House Bill 5514, Representative Cavaletto. Mr. Clerk."
"House Bill 5514, a Bill for an Act concerning wildlife. Third Reading of this House Bill."
"Representative Cavaletto."
"Thank you, Mr. Speaker and Members of the House. House Bill 5514, Committee Amendment 1 becomes the Bill. The Amendment provides that under the Wildlife Code, a firearm pistol, an air gun of a caliber not larger than a 22 long rifle, may be used to remove beaver, river otter, weasel, mink, or muskrat from a trap. This is suggested by the Conservation Police Lodge. I ask for an 'aye' vote." 09800114.docx 154 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"There being no debate, the question is, 'Shall House Bill 5514 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? D'Amico. Curry. Mr. Clerk, take the record. On this question, with 112 voting 'yea', 0 voting 'nay', 0 voting 'present', House Bill 5514, having received the Constitutional Majority, is hereby declared passed. House Bill 4491, Representative Davidsmeyer. Mr. Clerk."
"House Bill 4491, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"Representative Davidsmeyer."
"Thank you, Mr. Speaker. House Bill 4491 provides that an individual issued a Purple Heart license plate may display the plate on one vehicle without the payment of any registration or registration renewal fee. It requires them to prove that they have received a Purple Heart and been wounded in combat. And I move for its passage."
"There being no debate, the question is, 'Shall House Bill 4491 pass?' All in favor vote 'aye'; all those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Members. Mr. Clerk, take the record. On this question, with 110 voting 'yea', 2 voting 'nay', 0 voting 'present', House Bill 4491, having received the Constitutional Majority, is hereby declared passed. House Bill 5397, Representative Mayfield. Mr. Clerk."
"House Bill 5397, a Bill for an Act concerning education. Third Reading of this House Bill." 09800114.docx 155 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"Representative Mayfield."
"Okay. Thank you. Today, I'm calling House Bill 5397, a Bill that implements fitness testing in Illinois schools by the 2016-'17 academic year to help improve the health of our youth and provides students, teachers, school districts, parents, and other entire states the tools we need to improve fitness through physical education classes. This Bill puts into action one of the recommendations from the Illinois Enhanced P.E. Task force that was created by the General Assembly in 2012. This Bill will do what we've been talking about for a very long time. It will help to eradicate and reduce the number of child obesity and child diabetes within our state. Thank you."
"The Chair recognizes Representative Sandack."
"A few questions of the Sponsor."
"Sponsor will yield."
"Thank you. Representative, is this an unfunded mandate?"
"Yes and no. Yes and no."
"I heard the yes part. Tell me the no part."
"Basically, they're already cor… I'm sorry, let me… Schools are already aggregating this data. We're just asking that… Hold on, I'm sorry. Let me find that in my notes because that question did come up once before. Bear with me one second."
"Take your time."
"Okay. Representative, no, it is not an unfunded mandate."
"How is it paid for?" 09800114.docx 156 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"I'm sorry, Representative. I just needed to get clarification. What this will do, the task force will determine how the… how this program will be funded."
"Okay. Let's go back. It's definitely a mandate, right? It's a requirement. And then a task force will determine how it gets paid? If you want to pull… pull it from the record and address it later…"
"Yes. Can I remove it just temporarily? I need to get clarification."
"Mr. Clerk, out of the record. House Bill 5546, Representative Nekritz. Mr. Clerk."
"House Bill 5546, a Bill for an Act concerning education. Third Reading of this House Bill."
"Representative Nekritz."
"Thank you, Mr. Speaker. This legislation is an initiative of the State Board of Education to clean up some confusing language that led to confusion regarding an election for the regional school board. It's what happens when there's vacancies in one district and an election in another district, and then clarifying that so that we can get these people seated and serving in an orderly fashion."
"The Chair recognizes Representative Sullivan. Then the question is, 'Shall House Bill 554… I'm sorry. The question is, 'Shall House Bill 5546 pass?' All those in favor vote 'aye'; all those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, with 111 voting 'yea', 0 voting 'nay', 0 voting 'present', House Bill 5546, having received the Constitutional Majority, 09800114.docx 157 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 is hereby declared passed. House Bill 4482, Representative Reboletti. Mr. Clerk."
"House Bill 4482, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"Out of the record. Returning to House Bill 5397. Mr. Clerk."
"House Bill 5397, a Bill for an Act concerning education. Third Reading of this House Bill."
"Representative Mayfield."
"Thank you. This Bill, basically, would create… set up a task force to develop protocols for appropriate implementation and reporting of fitness data. Schools can obtain these resources free, so there is no cost to the school district for the implementation of this report."
"The Chair recognizes Representative Sandack, just in time."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Indicates she will."
"Okay. So, this is a task force?"
"I'm sorry."
"It's a task force?"
"It is a task force that will develop this fitness program test, yes. And actually, what it is, this… there are resources out there for implementing and tracking fitness within the schools. What this will do, it will assist P.E. teachers in helping to determine what is best for their students to obtain optimal fitness. One of the things that… we've done everything within the school districts to combat childhood obesity. We've taken out all the fattening foods, 09800114.docx 158 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 we're… all the fattening drinks, the sweets. Everything is gone, but yet, childhood obesity continues to rise within our school district. The one element that is missing is fitness. So, by helping the teachers to develop a program, as well as helping the students to understand what their fitness levels are and what they can do in order to help themselves to combat some of these child obesity issues, this is really a very good thing for the school districts and for the students themselves. And again, I'd just like to stress that it is free."
"Representative, obviously, P.E. teachers are in the business of teaching physical education and should know best practices. But… let me ask you this. My analysis says, back in the 97th, SB3374 was an enhanced physical education task force. What did that group do?"
"Actually, that… I'm not… what… that task force provided recommendations and they recommended… and this Bill is a result of that task force, which recommended that we have a fit… a physical fitness assessment program."
"But wait a minute. They're opposed to your Bill."
"Who's opposed?"
"That task force. That… that…"
"No. To my understanding, they are not."
"Hold on. Let's go back. There's a task force that now recommended another task force? Now we're getting somewhere, right?"
"No. They recommended the fitness… they recommended a physical fitness testing. And what I'm trying to achieve here is to set up a task force to figure out what the best way it 09800114.docx 159 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 is to do that. Or I'm just following their recommendations, which asked for a physical fitness assessment, and the task force is just looking at the best way in order to implement that. And again, there are free programs out there."
"Okay. My analysis says, the Enhanced P.E. Task Force is an opponent to this Bill."
"They recommend the physical fitness testing for these students."
"All right. To the Bill."
"So, it's their recommendation, so I'm not under… I don't know why your analysis says that when this is right out of their report and all we're doing is implementing what they requested."
"To the Bill, Mr. Speaker. I think the colic we hear is evidence to why, perhaps, a 'no' vote is in order. The task force last time is now against the propon… the Sponsor's Bill. I recommend a 'no' vote."
"The Chair recognizes Representative Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she will."
"Representative, I'm reading the actual Amendment online and besides the task force being implemented, I think that your… the Bill now calls for actual implementation of a fitness program. Am I correct?"
"It re… it's asking for fitness physical assessments after 2016."
"All right. So, the… but I'm reading on, I'm not sure what page it is, it's line 10, it says public school shall 09800114.docx 160 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 integrate health-related fitness testing into the curriculum as an instructional tool…"
"That is correct."
"…except in the… Okay. So, has there been a fiscal note attached to this?"
"No, there is not."
"Okay. My only…"
"There is no cost for the programming. I've already researched that and the programming is free."
"Our… our analysis for the underlying Bill talked about one company and there was significant cost in that. How…"
"That company was removed. That's why we did the Amendment. We did not want to be held down to one specific company offering this resource, particularly, when there are other assessment tools out there that are free and available to the districts."
"I get… Okay. I understand you took out that company but I… is there anybody who's going to give it for free? I'm just… I'm concerned that we don't have the fiscal impact on this. And I'm not saying it's a bad idea. I just think that with this… the budgets that we're doing, is this subject to appropriation or is this mandated?"
"Actually, there is no cost. That's why there's no fiscal note attached to this because the programming… there are literally thousands of physical fitness assessment programs out there that are free, absolutely, 100 percent free."
"I hear what you're saying. I have a hard time believing that there's going to be no cost. And if it's already free 09800114.docx 161 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 out there, wouldn't it make more sense to do this by a Resolution, then, instead of mandating this?"
"We are… I'm basically trying to implement one of the recommendations from the initial task force. This is what they recommended that needed to be implemented in the State of Illinois."
"Okay. I appreciate your response and I'll continue to listen to the debate."
"The Chair recognizes Leader Bellock."
"Thank you very much, Mr. Speaker. Will the Sponsor yield?"
"She indicates she will."
"Oh, thank you. Representative, I agree with the goals that you have here and I did visit with these people a couple of times. But my question was, and it's the same to you right now, is that this is a mandate on the schools, even if somebody else is paying for it, of which I don't see who is. But the time of the physical education teachers, or whoever is going to do the physical fitness assessments, and then they have to do a report on every child in the school and their physical fitness, they have to report that to the State Board of Education. And then they, according to the analysis, they have to integrate this fitness report into the curriculum. So, this is really mandating a portion of this into each school's curriculum. Is that correct?"
"Actually, Representative, this is very easy to do. It requires that twice a year, at the beginning of the school and at the end of the school year, that they track fitness data for the students. And then based upon those numbers, 09800114.docx 162 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 that they can use… teachers in the school districts can then use those numbers to enhance their physical education programs to the benefit of our students. It is not something that is ongoing throughout the year, it is simply twice a year at a minimum."
"But I… I guess, my point is… is that it is going to mandate that this be done twice a year for every child in the school to assess their fitness. And I think… I mean, I'm just saying, the schools are asking us not to put mandates on them and even though I certainly agree with the fitness idea, I see that either the gym teachers or other teachers are going to have to take their time away from teaching…"
"Okay."
"…to be able to do this assessment. And then it says, besides integrating it into the curriculum, that there will be testing requirements."
"Excuse me, Representative. Let me just explain a little bit more thoroughly what this does."
"Okay."
"Because, as a dist… as a Body, the Illinois Enhanced P.E. Task Force that was created in the General Assembly in 2012 was charged with finding out how can we combat childhood obesity…"
"Right."
"…within our school districts. This is a recommendation from that task force. We are constantly, as a Body, talking about what can we do to enhance and to reduce… to enhance physical fitness and reduce childhood obesity within our school districts. This Bill will do just that. This Bill will 09800114.docx 163 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 benefit our students. It is a two-prong approach. It is diet and exercise. We have done everything we can on the nutritional level within our school districts. We have done… we have not done enough on the physical level. I'm simply asking that a minimum of twice a year; it's very easy to do. I've talked to several gym teachers about this, you know, how hard would it be for you to implement this? And they're like, this is nothing. You know, we have the children run around the gym once; we have them do jumping jacks. You know, the first week of school is very unstructured and they have no problem implementing this and doing that assessment on a twice-a-year basis. A lot of the gym teachers felt that this would actually help them because they would actually have the data from the beginning to end to see if the program that they're offering within those gym classes are affective and if it is helping to reduce those childhood obesities, because that's what their goal is as well. They want the students to be healthy. They want them to be active. And they want to be able to provide that information to the students on what can help them to achieve their physical fitness goals. This is a very good Bill and again, it doesn't cost anything. They're already administering physical fitness within the schools."
"I understand what you're doing and I agree with your thoughts here. And I'm one of the ones who fights against every waiver for taking physical education out of the schools, which so many of the schools have done, which I think is the number one thing to do to prevent childhood obesity is to have physical education in the school. So, and I don't disagree with the idea you have here. It's just, I think, it 09800114.docx 164 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 is a mandate, it's a state mandate on schools. And I think that local school boards should make the decision as to whether they want to do this and how much timing. Even though it sounds simple, I can tell you that a lot of the schools are going to say it's another mandate that the state is putting on us, even though I think the goal, if it could be worked out in the local school districts, would be a good thing. But just at this point, I just wanted to make it clear that this is not just a task force. And is the Enhanced P.E. Task Force still opposed to it?"
"They are not opposed. This is their recommendation."
"Oh, I'm sorry. On our analysis, it says they're opposed."
"No. This is their recommendation."
"I'll have… I'll have to find out about that. I don't know if that's true. But anyways, I thank you for what you're trying to do here. I just have concerns at this time. Thank you."
"The Chair recognizes Representative Davidsmeyer. Out of the record. The Chair recognizes Representative Sullivan."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"She indicates she will."
"Representative, we're trying to get our arms around two issues and I'm going to bring those up right now. One, whether this is a mandate or not. You indicated that this is something that would be tested at two different times throughout the year, at the beginning and at the end. I want to read from the analysis… I'm sorry, the actual Bill, page 09800114.docx 165 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 3, line 10. Public schools 'shall' integrate health-related fitness testing into the curriculum. And then it goes on to say, the testing must be used to teach students how to assess the fitness level, set goals for improvement and monitor progress in reaching their goals. To me that says, 1) the schools are going to; they 'shall' do these testings. And 2) it will be ongoing because they have to monitor their progress. How do they monitor their progress if they're just doing it once or twice a year in relationship to what your wording in your Bill says?"
"They can choose to monitor more than twice a year. That is at their discretion. I am not say… that is why it is very generically worded. It does not say they have to do it 5 times, 10 times, or anything like that. It is at the school's discretion. Twice a year is the minimum recommended, which is at the beginning and the end of the year. That data can then be used for the following and subsequent years to help that child to achieve their goals. It doesn't say it has to all be done in one year. It can be done over a course of three/four years. That…"
"But this wording now states that you are actually going to have to take staff time to implement this program. And I understand that the task force is going to make the recommendations, but then those recommendations must be implemented. And you're going to have staff time ongoing to reach your system. The second point that I wanted to bring up in regard to this Enhanced P.E. Task Force that you have indicated is in support of this. I'm in possession of a witness slip that indicates, through Deborah Vogel, that the 09800114.docx 166 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 Enhanced P.E. Task Force is, indeed, opposed to your Amendment that we're debating right now."
"My anal… my analysis does not show that. I have not talked to anyone from there stating that they were opposed. I did talk to the two individuals that did state they were opposed and I was able to explain the Bill to them."
"Representative… Representative…"
"They are not opposed and if you look at the proponents, and I will be happy to read all of the proponents, because there are quite a few proponents. There's over more than 20 proponents to this Bill."
"Representative, we're just trying…"
"This is a very good Bill…"
"We're trying…"
"…that will do what we, as a Body, have been talking about for the longest, which is reduce childhood obesity. Either you're going to walk the talk or you're not. If you're really interested in reducing childhood obesity within our schools and helping our students to be physically fit and you know, decrease diabetes within our children, to reduce that obesity level, then this is a very good Bill. And it is free of charge. Yes."
"Representative, I'm just trying to go to one point that you had indicated, that we believe is in error, and I don't know where the error has taken place. I'm not blaming you for the error. I'm just stating I'm in possession of the actual witness slip where the group that you said is in support, is in opposition. So, there's an error somewhere, 09800114.docx 167 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 and I don't where that is and I don't, you know, it's not the point."
"Well, Representative, if you're holding the slip, obviously, they didn't file it. Maybe they changed their mind. This is their recommendation, because I am looking at the computer and they are not on here as being opposed. I thank you so much for that. This is their recommendation. Maybe you can have staff pull their recommendation and you will see that this is their recommendation. So, I can hardly believe that they would be opposed to their own recommendation."
"To the Bill. Ladies and Gentlemen, I'm not going to debate what's right or wrong other than I am in possession of the electronic witness slip. I don't know what else to say other than, here it is. They say they're opposed. So, we have a disagreement. Please vote 'no'. Thank you."
"The Chair recognizes Representative Ken Dunkin."
"Thank you, Mr. Speaker. To the Bill. Excuse me, will the Sponsor yield for questions?"
"She indicates she will."
"Representative, how much does this cost?"
"It doesn't cost anything."
"It doesn't cost a red cent?"
"Not one red cent. There are programs out there that are more than willing to provide free software to do this. They're even willing to provide individual assessments to the children free of charge."
"So, this cost the state zero, school districts zero… To the Bill. Ladies and Gentlemen, this Bill is something that we talk about, as adults, and we understand the value and the 09800114.docx 168 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 importance of it. They already offer the assessment plan for free… or the fitnessgram, for free. This is something that we know our kids, who are, unfortunately, obese at an early age, experiencing diabetes at an early age, having ailments at an early age, and we find a program to simply form a task force. It's a task force that's free. It costs no money. What's the issue? Representative, I applaud you and your hard work on the Bill. You've done your due diligence. To have this overwhelming level of support is commendable. This is an easy 'aye' vote. Thank you."
"We still have a couple of Members that wish to debate this Bill. Can we keep the noise… noise level down a little bit, please? Thank you. The Chair recognizes Representative Ives."
"Thank you, Mr. Speaker. To the Bill. This is actually just the state coming up with a task force that eventually, over time, will say, you know what, each of these students, K-12, needs a personal trainer. Let's just go that far. We all need a personal trainer for these kids 'cause they don't know how to get outside and run around. We're also just sitting here, as a task force, and we're just going to tell P.E. teachers what to do. But I'm looking at the Illinois State University requirements for a P.E. teacher, and guess what, they have classes on promoting physical activity and fitness. They have classable… classes on the principles and application of fitness training. They have classes on exercise physiology. But no, we want a task force to tell our teachers what to do, 'cause we don't trust that they know what to do. Every one of these schools has certified teachers; they have certified 09800114.docx 169 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 coaches; they have athletic directors; they have a myriad of people that know about physical fitness. And the last thing I think we should do is having the state come in and telling every one of these individual school districts what they have to do in P.E. Quite frankly, I don't think my son, who's a three-sport athlete, should even participate in P.E. 'cause all he's doing right now is working out so they can win the 7A football championship, and I hope that they do. But it's completely unnecessary for him to even have P.E. at this point. But instead, no, we're going to go down and eventually we're going to have each one of these kids have a personal trainer. Vote 'no' on an unfunded mandate."
"The Chair recognizes Representative Reboletti."
"Thank you, Speaker. To the Bill. Only in Illinois could we create a task force to recommend a task force, and then we should all support a task force. We are a task force. We have been tasked to solve the problems of the state. That's what we were elected to do, not keep kicking the can down the road with another task force. I'm surprised that my 12-year- old son gets educated in Elmhurst schools because, obviously, we have to tell the teachers what to do. My son's P.E. teacher obviously can't figure out how to make sure he knows how to play sports, that he runs, that he plays correctly. Really? Enough of the task forces. We have too many of them. Then they make reports, then they need extensions. We are the ultimate task force. We can make these decisions but let's get the hell out of the way of our school districts and our teachers and let them do their job, and we should be doing our job." 09800114.docx 170 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"Representative Mayfield to close."
"Thank you. This Bill, and I want to stress, there is… opposition that was voiced on the other side of the aisle is not true opposition. This is a recommendation of the Enhanced Illinois P.E. Task Force that was created by this General Assembly to study the impact of physical education on our children. This Bill will reduce childhood obesity; it will reduce childhood diabetes. We've had several Members in this House present Bills that will… along the same lines of physical fitness for our children. Either you're going to walk the talk or you're just going to continue to talk and not do anything about it, which is what I'm hearing from the other side of this aisle. This is a free program. The physical education department that I… association is a proponent of this Bill, so they don't see it as an unfunded mandate. They see it as a tool which will help them to assess the needs of their students and to provide better physical fitness to the students of the State of Illinois and again, reduce childhood obesity and childhood diabetes. I'm asking for an 'aye' vote. It's an easy 'yes'. Thank you."
"The question is, 'Shall House Bill 5397 pass?' All those in favor vote 'aye'; all those opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, with 63 voting 'yea', 48 voting 'nay' and 0 voting 'present', House Bill 5397, having received the Constitutional Majority, is hereby declared passed. House Bill 4745. House Bill 4745, Representative Sente. Mr. Clerk." 09800114.docx 171 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"House Bill 4745, a Bill for an Act concerning liquor. Third Reading of this House Bill."
"Representative Carol Sente."
"Thank you, Mr. Speaker. House Bill 4745 addresses the topic of hosting underage drinking parties. We passed this Bill out of the House two years ago with a clear bipartisan majority, but we ran out of time in the Senate. What is important to note in this legislation is that it focuses on cleanup language and making the law consistent among differing groups. It does not insert new or increased penalties into law that do not already exist today. It specifically does four things. Today, parents and guardians are not allowed to host underage drinking parties in their home or on other private property. This Bill adds the same provision to other private property to the classification other persons. Item 2) for both categories of persons, the Bill also prohibits hosting of underage drinking parties in a vehicle, watercraft, or other conveyance under the house control. Item 3) the Bill creates immunity provisions for all categories of person. If an individual enter… either requests the group to disband or calls the police, the individual is no longer liable. And finally, the Bill clarifies that a landlord of a building is not responsible for an underage drinking party that is hosted by one of their tenants. The landlord is not the host and, therefore, has no liability. I recommend an 'aye' vote."
"There being no debate, the question is, 'Shall House Bill 4745 pass?' All those in favor vote 'aye'; all those opposed vote 'nay'. The voting is open. Have all voted 09800114.docx 172 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 who wish? Have all voted who wish? Have all voted who wish? Feigenholtz. Monique Davis. Mr. Clerk, take the record. On this question, with 112 voting 'yea', 0 voting 'nay', 0 voting 'present', House Bill 4745, having received the Constitutional Majority, is hereby declared passed. Rep… Representative Andrade. Out of the record. House Bill 4482. House Bill 4482, Representative Reboletti. Mr. Clerk."
"House Bill 4482, a Bill for an Act concerning criminal law. Third Reading of this House Bill."
"Representative Reboletti."
"Thank you, Speaker. This Bill simply allows the state's attorney and a judge to use e-mail communication to issue a search warrant. We already allow fax machine usage, so this would bring us into the 21st century."
"There being no debate, the question is, 'Shall House Bill 4482 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, with 112 voting 'yea', 0 voting 'nay', 0 voting 'present', House Bill 4482, having received the Constitutional Majority, is hereby declared passed. House Bill 4783, Representative Welch. Mr. Clerk."
"House Bill 4783, a Bill for an Act concerning civil law. Third Reading of this House Bill."
"Representative Welch."
"Thank you, Mr. Speaker. House Bill 4783 amends the Condominium Property Act and provides that certain provisions of the Condominium Association bylaws are void. This is 09800114.docx 173 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 another initiative of the Chicago Bar Association. I ask for an 'aye' vote."
"The Chair recognizes Representative Sandack."
"Will the Sponsor yield?"
"He indicates he will."
"Representative, you just said this is an initiative of the Chicago Bar Association. Isn't it really an initiative of Representative Kelly Cassidy?"
"She is a strong proponent."
"'Cause my analysis indicates, as the previous Bill you sponsored, this was originally Representative Cassidy's Bill."
"She's a generous cosponsor."
"Huh, interesting. To the Bill. This came through Judiciary unanimously. The Sponsor was on that Bill then and then he became the Sponsor now. So, we're watching for more of these, but I recommend a 'yes' vote."
"Representative Welch to close."
"Thank you. I recommend an 'aye' vote, as well."
"The question is, 'Shall House Bill 4783 pass?' All those in favor state by saying 'yea'; all those opposed 'nay'. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, with 112 voting 'yea', 0 voting 'nay', 0 voting 'present', House Bill 4783, having received the Constitutional Majority, is hereby declared passed. House Bill 5662. House Bill 5662, Representative Willis. Mr. Clerk." 09800114.docx 174 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"House Bill 5662, a Bill for an Act concerning transportation. Third Reading of this House Bill."
"Representative Willis."
"Thank you, Mr. Speaker. This Bill is to establish license plates and to establish an emergency management fund. This is an initiative from my district for one of the emergency management agencies. I urge an 'aye' vote."
"There being no debate, House… the question is, 'Shall House Bill 5662 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? Walsh, Mautino. Mr. Clerk, take the record. On this question, with 107 voting 'yea', 5 voting 'nay', 0 voting 'present', House Bill 5662, having received the Constitutional Majority, is hereby declared passed. Moving to Order of Second Reading, we have House Bill 5686, Representative Currie. Mr. Clerk, read the Bill."
"House Bill 5686, a Bill for an Act concerning civil law. Second Reading of this House Bill. No Committee Amendments. Floor Amendment #2, offered by Representative Currie, has been approved for consideration."
"Leader Currie."
"Thank you, Speaker, Members of the House. This is a technical Bill about a technical change to Illinois guardianship law. What it does is specifies how someone who's been asked to serve as a guardian for a child on a short-term basis would have some standing in court should somebody else want to establish that guardianship and take it away from them. There is no opposition. I'd appreciate your 'aye' vote." 09800114.docx 175 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
Speaker Riley: "Leader Currie moves for adoption of Floor Amendment 2 to House Bill 5686. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And Floor Amendment #2 to House Bill 5686 has been adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. On Order of Resolutions, we have House Resolution 896. Mr. Clerk, read the Resolution. Representative Lilly. Out of the record. We'll try it again. House Resolution 896, offered by Representative Camille Lilly."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House. I rise to present House Resolution 826(sic-896). This Resolution directs our House Committee, Museum, Arts, & Cultural Enhancement, to hold hearings related to Illinois Arts and Cultural Attendance and Funding Report that affects the services and programs at the Illinois arts and cultural attendance program. It also directs us to hold hearings around all regions of the state, making sure that we are visiting each area and receiving testimony in reference to funding related to the arts and cultural events, not only from the government but also from private funders. It also directs us to review the attendance at various arts and cultural venues and educational programs throughout the state while looking at and reviewing the economic impact of the arts and cultural activities and venues throughout Illinois. The report will be submitted with our findings and recommendation to the General Assembly January 2015. I thank you for your attention. And I ask for an 'aye' vote." 09800114.docx 176 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"Representative Lilly moves for adoption of House Resolution 896. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And House Resolution 896 is adopted. Next, we have House Resolution 897, offered by Representative Lilly. Representative."
"Yes. In recognition of Museum Lobby Day, and many of you may have received invitations to meet with many of the museum directors, House Resolution 897 is very similar to House Resolution 896, where we are representing and doing the same type of hearing for the museums and its attendance, our state museum, and its attendance throughout the State of Illinois. We also will be presenting a report and the findings and recommendations to the General Assembly on January 2015, in reference to the museums needs as it relates to education, economic impact, and its attendance. Thank you for your attention, again, in this matter. And I ask for an 'aye' vote."
"Representative Lilly moves for adoption of House Resolution 897. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And House Resolution 897 is hereby adopted. The Chair recognizes Representative Reboletti."
"I did have a question of the Sponsor of the Resolution, but I guess that’s moot right now, so I'll withdraw the question."
"Thank you. Clerk, would you please repost House Resolution 897? Members, we're going to vote on House Resolution 897. We're going to vote on House Resolution 897. So, the question is, 'Shall House Resolution 897 pass?' All 09800114.docx 177 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 those in favor vote 'aye'; opposed vote 'nay'. The voting's open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, take the record. On this question, with 99 voting 'yea', 11 voting 'nay', 0 voting 'present', House Resolution 897 is hereby declared passed. Representative Reboletti, I just want to say, from the Chair, at the time that we came back, it was a measure that should’ve been a Roll Call vote. At the time we came back for the vote, I just did not see your name posted as asking a question. So, I apologize for that but you know, the efforts and duties of the Chair have to move quickly and that's the reason why you were not recognized. Next, we have House Resolution 979. House Resolution 979. This is a Death Resolution. Mr. Clerk, read the Resolution."
"BE IT RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we mourn the passing of Frank Warren "Frankie" Knuckles, Jr., and extend our sincere condolences to his family, friends, and all who knew and loved him."
"Representative Dunkin."
"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. I know some of us… a lot of us here are of various generations. We're from various parts of the state but many of you are probably not aware, but you probably are, of a person who spent a great deal of his 40 years here in the State of Illinois, a person by the name of Frankie Knuckles. And Frankie Knuckles, for those of you who may not be familiar, is the man who coined and produced the term house music. And house music today, if you travel anywhere from… to 09800114.docx 178 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 Africa to Asia to Ireland, you'll hear a great appreciation and a strong familiarity of an individual from our very own state, Frankie Knuckles, talked about in the genre of house music and what he's created and done for so many souls all across the world. A star producer on film scores, music, he created a genre that drew a lot of people here, internationally, to our respective state, and really set the tone and changed music. Just as blues, rock, jazz, house music is born, and was born, in the City of Chicago, in our great state. And I simply wanted us to just to acknowledge a person who was low-key that most people loved and were inspired by and someone who provided therapy during our most stressful times in an underground music scene for a lot of African- American gay and lesbian citizens, for a lot of straight men and women who simply needed an out. And he really shifted the paradigm of music in the late '70s and the '80s, and throughout. And he recently passed this week, someone who really was appreciated by thousands all across the world. And so, I'm simply asking all of us to acknowledge the death of Frankie Warren Knuckles, Jr. of Chicago, someone that, a lot of your young people and some of us, will remember and we'll be talking about for decades to come."
"Moment of silence. Thank you. And thank you Representative Dunkin. Representative Reis, for what reason do you rise?"
"Thank you, Mr. Speaker. A point of personal privilege."
"Make your point."
"Ladies and Gentlemen of the House, I can appreciate that we're going to have subject matter hearings on the arts and 09800114.docx 179 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 museums and it got enough votes to pass and that's fine, but I also want to draw your attention to some other hearings that we requested and delays of implementation. Your students across the state this week are taking the new PARCC test, which is connected to the Common Core curriculum. And I'm not here to debate the pros or cons of Common Core, but I would ask you to reach out to your superintendents, if you haven't already heard from your constituents this week, about this test. I'm getting e-mails and calls today about kids that are leaving class crying. Tests that are being submitted on paper because the test is so hard to not only get the answers for but to just… to maneuver through. And we've asked for a subject matter hearing on this so that Legislators could take a sample version of the test. We've also got a Resolution to delay implementation of this for one year so that we can find out if this is, indeed, how we want to measure our students' performance. So, I would encourage you, if you haven't started hearing from your constituents, to call your superintendents. And this is a very, very hard test. It's very, very complicated and I would hope that we could have a subject matter hearing on this as well as a delay on this implementation. And I know the Education Committee chairman would like to hear from your concerns, as well."
"The Chair recognizes Representative Ford."
"Thank you, Mr. Speaker. I just wanted to comment on the previous speaker and invite him to the 8th District. On the 24th, the superintendent will be visiting the 8th District, my district, at a school to talk about Common Core. So, I invite you to be my guest." 09800114.docx 180 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
Speaker Riley: "The Chair recognizes Representative Sara Feigenholtz."
"Thank you, Representative Riley. I would like, for those of us who are Northside fans, to stand for a moment of silence. Tomorrow is opening day and we will be… we will be here while the first pitch is thrown, unlike Monday, when on the Southside, we were miraculously adjourned."
"Hope springs eternal. On the Order of… on the Order of Postponed Consideration, we have House Bill 5311. House Bill 5311. Representative McSweeney."
"Mr. Speaker, House Bill 5311 will freeze property tax levies for townships for one year. It will only apply to PTELL townships and exempts populations below 100 thousand. We've thoroughly debated this legislation. This is property tax relief. I would appreciate a 'yes' vote."
"The Chair recognizes Representative Unes."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates he will."
"Representative, on Tuesday of this week there was some very thorough and good debate, particularly, in regards to those communities that were devastated by the tornadoes in November. As you know, many of that… many of them are experiencing devastation like never before. There is a group of us that have been meeting with those communities regularly. In fact, as early… as recently as this morning, and they are working very, very hard through this devastation. Some of the communities have hundreds and thousands of homes lost and they are working very, very hard, trying to come up with ways not to raise their property taxes. They're doing their due 09800114.docx 181 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 diligence. They're working very, very hard and, as you can imagine, this is a very difficult situation for them. Is it your legislative intent to make sure that those communities and those counties that were declared disaster areas, due to this devastation, is it your legislative intent to make sure that those counties are excluded from this Bill?"
"Representative Unes, thank you very much for raising this issue; Representative Sommer for raising this issue the other day. I have spoken with the Senate Sponsor, it is her intent to amend the legislation to specifically exempt counties in which a federal or state disaster has been declared and I will support those efforts."
"Thank you."
Speaker Riley: "The Chair recognizes Representative Keith Sommer."
"Thank you, Mr. Speaker. To the legislation. I appreciate the Sponsor's expression of intent for the legislation that it will be changed in the Senate, and therefore, brought back to us. But since the legislation here in the House that we currently have to address and vote upon does not make that change, therefore, I will remain a 'no' vote."
"The Chair recognizes Representative Martwick."
"Thank you, Mr. Sponsor… Mr. Speaker. Will the Sponsor yield?"
"He indicates he will."
"Representative, we had a rather spirited discussion about this Bill last time and… and I know that you've worked it very hard since it was held on Postponed Consideration. I just have a couple of questions for you. The last time I asked 09800114.docx 182 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 if you had taken any time to investigate whether or not any of the townships affected by this have been particularly irresponsible with their budgeting or if there were any instances where they were responsible in their budgeting. In fact, if any of them had, on their own, frozen their levies from any year to year. Do you… have you done any of that work since the last time this Bill was called?"
"And Representative, as we discussed on the floor, I'm a former township official. I have townships in my district and I talk to them almost every day. I believe that the taxpayers of this state deserve a break and that's why I'm supporting this property freeze for its legislation. To answer your question, specifically, I think all townships should look at freezing their levy for one year. And that's why this legislation is so important."
"And I… I commend you for that intent and I want to… I wanted to echo your sentiments that every taxpayer in this state deserves a break on their property taxes, there's no doubt about it. So, my question isn't whether your intent is good, as I mentioned the last time we had the debate. I commend your intent, I think it's excellent. My question is, is this the best way to go about it? So, I'm curious if anyone… we heard from our colleague Representative Yingling last time and… and I want to bring up his example. Okay? Because I think that's an important example. He ran for office for township on the idea that his township budget was overbloated. He was elected on that mandate. He cut the levy by 22 percent. That is exactly what democracy is all about. How does it serve democracy when we up here in Springfield, 09800114.docx 183 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 who have no idea what goes on in the local levels. We don't understand the pressures. You heard from your colleagues where there are townships that have been devastated by… by natural disasters. There are many pressures on local government. And if a local government has been responsible with its budgeting and has done everything that they can to hold the line on taxes, and they are doing a good job for the property taxpayer, which many townships are, how is it that you feel it is our responsibility to cap their property taxes? Why do you think we're better served to do this than at the local level?"
"Because the taxpayers of this state, Representative, deserve tax relief. And that's why I believe this is a reasonable first step toward even further property tax reform. And that's why I urge an 'aye' vote on this."
"Do you know what percentage of the typical property tax bill goes to township government?"
"Approximately five percent."
"Five percent. And this would exclude the road fund?"
"That is correct."
"And it would exclude the general assistance?"
"That is correct."
"So, that probably brings you down to two, roughly?"
"I think total about five percent still, if you look at what's being covered. Four of the townships that are being covered within PTELL, and also with a population of under 100 thousand."
"And what was the… what was the PTELL limitation last year?" 09800114.docx 184 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"1.7 percent."
"So, this is would be, at best, 1.7 percent of five percent?"
"No, actually, it's going to be based on 2014. The expected inflation rate's about 2.1 percent. It's a little more."
"2.1 percent of…"
"Yes."
"…five percent?"
"No. It's 2.1 percent because it's the lesser of, as you know."
"Yeah."
"It's the lesser of five percent or if you… but, I understand."
"Right. I'm just trying to figure out what you'd save on…"
"Yes. Yes."
"…on your property tax bill."
"Yes. And let me be clear. I favor further property tax reform."
"Oh, I… I…"
"This is what I can get done at this point and that's why I think this is a first step. That's why I support it."
"Right. Right. And… and again, I commend you for your good intentions, Representative. I question the… the effectiveness of this."
"I understand."
"And… to the Bill. The last time I spoke on this Bill, I used a term that some people have thought was rather funny. 09800114.docx 185 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 I used the term Democracy for Dummies. And you know, I'm… I love our system of government. I think it's the best system in the world. And part of Democracy is allowing people to make choices that they want. And as we all know, we hear it from every corner of this chamber, the best decisions that are made are made on the local level. And I don't think anything is more important than allowing local taxing districts to have the authority to make effective decisions, financial decisions, regarding what they do. And I think it is extremely hypocritical, for us in Springfield, to say that we know better about what goes on in local communities. That is hypocrisy at its finest. Despite the intentions, the good intentions, of our… of the Representative that is promoting this Bill, this is a bad way to go about it. The best way to control your local taxation is with your local officials at the ballot box. You have far greater access to them than you have here. Ladies and Gentlemen, let's be honest with our voters. This is not the place to provide them property tax relief. Let's get them engaged. Let them be civically minded. Let them work with their local governments. Let them show up at their elections and make decisions on their level, not here. Please vote 'no'."
"The Chair recognizes Representative Hammond."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"He indicates he will."
"Representative, I don't want to revisit a lot of the issues that we spoke about the other day, but I do have more questions for you. Can you be specific on why the carveout for five counties that are not included in this legislation?" 09800114.docx 186 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"Representative, the legislation was amended based on feedback from Members and staff. And in order to move the Bill forward, I decided to accommodate those requests. We’re still covering the vast amount of the PTELL townships in this state and moving legislation forward on that basis."
"So, I guess, more specifically, what made those five counties different than the 39 counties that are affected?"
"And they weren't counties. They were townships. I was requested by staff, by Members, to make those changes in order to move the legislation forward. I made those changes."
"So, if I had come to you and said, will you please carve out all of the counties included in my district in… or townships in my district in Schuyler and McDonough County, I could've had those put in the legislation as well?"
"Representative, you never spoke with me about this legislation. So, I'm moving this Bill forward at this point."
"Well, and conversely you never asked me about it."
"Well, I… I'm moving forward with this Bill as structured right now."
"Representative, we spoke just briefly regarding some concerns that some of our colleagues have because of a natural disaster that has occurred. I, too, have many concerns for many of the townships in my district that are subject to flooding along the Illinois River. And right now, we are at flood watch for many of those communities. Many of those would be included in Schuyler County, which is under PTELL. So, what do I tell the folks in Schuyler County if their levies are breached or they are subject to flooding, and this legislation is signed by the Governor?" 09800114.docx 187 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"Well, Representative, as we discussed with Representative Unes and the colleague we just had, the intent in the Senate is to amend the legislation to actually exempt disaster areas declared by a federal or state level. So, if it's declared a disaster area, it will be exempt from the Senate Bill."
"Well, and as we realize the… that's one of the issues in the Washington area because they were not declared disaster areas. And that's part of…"
"But they're in a county… they're in a county. That's how it's going to be defined 'within a county' that's been declared a federal or state disaster area."
"And finally, can you be more specific as far as what exactly… if we take an… the price of a $50 thousand home with an average tax rate, what would the savings be in personal property tax to that homeowner?"
"It's different all over the state."
"I understand that it…"
"As you know, it's different… there's no way to give a uniform example."
"This… this…"
"What this does is it freezes property taxes for one year. That's what this legislation does. So, as far as the dollar amounts, we'd have to go through every…"
"Let's… let's use a…"
"…township and calculate it."
"…let's use eight percent, Representative."
"Use what?" 09800114.docx 188 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"Let's use eight percent tax rate on a $50 thousand home. What would the savings be to the property owner?"
"Representative, you'd have to figure it out for your township. And… and then…"
"I'm… I'm going to venture a guess…"
"Yeah."
"…and you would certainly know better than I, Representative."
"Right."
"I would venture to guess it's about a dollar."
"No. Well, I think it's…"
"So, don't take that…"
"…more than that, Representative."
"…to start off."
"Number one. And number two, this is a first step toward… towards even additional tax reform. We need property tax relief in this state. I have a Bill… I've supported legislation for freezes on all property taxes. This is a first step and I support this legislation."
"To the Bill, Mr. Speaker. Ladies and Gentlemen, as the previous speaker spoke, this is about local control. If we, as a Body, here at the General Assembly, want to begin to tell our local units of government how they will govern, then vote 'yes' on this Bill. If you believe in local control, vote 'no'. Thank you."
"The Chair recognizes Representative Cabello."
"Thank you, Mr. Speaker. To the Bill. I rise in support of this Bill. One of the things that I want everybody to know, 'cause a lot of the taxpayers don't seem to know this, is 09800114.docx 189 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 that if you live in a municipality, you are still paying a separate property tax and a separate road tax to a township and you get nothing for it. And there are a lot of people that live in these municipalities that are paying for townships that get absolutely nothing for it. Now, I agree we need some of the townships, but there's… in my neck of the woods, it's something that we need to look at to maybe start dismantling a little bit. But I rise in support of this. Thank you."
"The Chair recognizes Representative Bost."
"Thank you, Mr. Speaker. To the Bill. And I have a tremendous amount of respect for the Sponsor, but I think it's… I was going to sit quietly. I sat quietly during the debate the other day. But let me tell you, I don't know what the township governments are like in his particular district, but the township governments in my district are one of the most efficient operating forms of government that there is. They're the closest to the people. They answer… matter of fact, a majority of my local townships work every way possible to keep their tax rates as low as possible, their levies as low as possible, and to do the best they can with the smallest amount of money. To do this from a position… and I feel this that, okay, if he has a problem in his district, then deal with that and then go to those local elected officials and get that straightened out. But to do this and to aggressively go after their ability for local control is a tremendous concern. And with all due respect to the Sponsor, I believe that 'no' votes are appropriate on this piece of legislation. Thank you, Mr. Speaker." 09800114.docx 190 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
"Thank you. The Chair recognizes Representative Lou Lang."
"Thank you, Mr. Speaker, Ladies and Gentlemen. So, this was a bad Bill yesterday, it's a bad Bill today, and it will be a bad Bill tomorrow. And if it goes to the Senate tomorrow, it'll still be a bad Bill in the Senate. Representative Hammond had it correctly. Representative Hammond, we don't always agree, you're right on this one. We have units of government in the State of Illinois, separate sovereign units of government where they have elected officials elected by the people in those districts, whether they be State Representatives, State Senators, Governors, township officials, village officials, these people are elected to make decisions. We have a Constitution that says let's go elect these people to make decisions. They are separate taxing bodies. They are elected to make decisions. Now, if we pass this Bill, we'll be telling townships all over the State of Illinois what they can and cannot do with their levies and then what's next? So, the Sponsor of the Bill says, well, property tax relief, Ladies and Gentlemen, has to start some place. Fine. But if this is where it starts, and the theory is that we're going to tell other sovereign units of government with their own elected officials how to levy and what taxes to do and what taxes they cannot do, then the next thing is we're going to tell municipalities, not just townships. Then we're going to tell counties. Is that the plan? Will you then vote for that because you want to tell your voters, I'm for property tax relief and we're going to decide all things from Springfield? And some of you that voted 09800114.docx 191 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 for this Bill yesterday when it was just as bad a Bill as it is today, and some of you who will vote for this today when it's just as bad a Bill as it was yesterday, are on this floor consistently talking about local control, and consistently saying this should not be the nanny state, and consistently speaking out about why Springfield is not the font of all knowledge and how… how dare we tell other people what to do. Well, isn't that what this Bill does in the name of a maybe $2.50 off somebody's township bill? That's all we're talking about. It's a small amount of money and you would say, well, the principle is important; property tax relief has to start somewhere. I agree. And if your local township is raising taxes, go elect different people. We have an election in township government every four years to elect township officials. If they're not getting it done, vote different people in. Go help nominate different people. Help them get their nominating petitions done. Get the most conservative people you want to run and get them elected. And then maybe they'll cut out the levy entirely and they'll run the township based on personal donations out of people's pockets. This Bill is nuts. I'm telling you. If you believe in our Constitution and you believe in government and you believe in the sovereignty of local governments to make their own decisions, you can't vote for this. The only way you can vote for this is if you're a property tax panderer. That is the only possible way you can vote for this Bill. Do not vote for this Bill. Vote 'no'." 09800114.docx 192 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014
Speaker Riley: "Representative… The Chair recognizes Representative Sandack. Ladies and Gentlemen of the House, be quick with your fingers. Thank you. Representative Sandack."
"Thank you. To the Bill. I am a property tax panderer. Everyone in this room should be a property tax panderer, because when you take the property tax and every other fee and tax in the aggregate, we do a pretty darned good job of taxing our residents almost to the point where they want to leave and can't leave soon enough. The only thing that this Bill doesn't do is permit people with some leverage of… some sense of flexibility, the ability to sell their home so they can leave. Thank God we have people in Illinois that still want to stand up and fight. I support the Sponsor. I support any measure of property tax relief that this Body can provide because it's high time we give our residents a break. So, yes, I'm a property tax panderer. We need more of them. Vote 'yes'."
"The Chair recognizes Representative Yingling."
"Okay. So we've been on what, I think, is the third time we've voted on this Bill. As many of you know, I used to be a township supervisor. And yes, I would qualify myself as a property tax panderer just like Representative Sandack. You know, I have yet to get a single call, a single e-mail, anything from a constituent of mine in regards to this Bill that says, please, Representative Yingling, do not decrease my property taxes. I have yet to get one of those calls. So, this notion that somehow it's up to the local unit of government to decide how they're going to tax and that Springfield never implements any sort of… any sort of law 09800114.docx 193 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 upon them to determine how they tax is absolute bogus. I mean, if you just look at PTELL, that's a State Law. So, I do not understand what the resistance is here to providing some simple property tax relief to our already overburdened property taxpayers. And I'm telling you this as a former township supervisor. This is a reasonable measure. This is something that can be done. So, I strongly encourage you to vote in favor and finally provide our residents some minor form of property tax relief. Please vote 'yes'."
"The Chair recognizes Representative Reboletti."
"Thank you, Mr. Speaker. And to the Bill. As a property taxpayer and a person who’s had the pleasure of serving here for eight years, this Bill does not provide property tax relief for everybody. I represent two townships where this would qualify and one where it doesn't. So, I can tell people, some people they've got some relief and then some people they didn't get any relief. And then if you're in PTELL or if you're not in PTELL, or if you're in counties over 3 million or townships under 100 thousand. Why was it a 100 thousand? Why are townships carved out? If it's good for everybody, equal protection would say should be equal across the board. But we've carved out different levels. It doesn't affect the highway department. Why not? It doesn't affect the school district. Why not? Of course, we all want to pay less in property taxes, there's no doubt about it. And I would anticipate on my property tax bill, I'm not even sure if there'll be a savings of 50 cents. But what I do know is that my assessor is going into a quadrennial. Meaning that he is going to reassess every piece of property to make sure that 09800114.docx 194 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 its true value is known so that every taxing body would know what the value of the property is in my township so that he can properly assess and set rates with the county clerk's office and determine what my taxes will be. So, I guess, there will be some relief for some and some relief for others. So, now we're picking winners and losers again. And I can't believe that some folks rose here on the hypocrisy of one bill with local control and then turn back around and say, no, this local control is more important than other people's local control. We should all be consistent here, if nothing else. And I'm familiar with township government. I served on a township board and we tried to hold the line on the property taxes, and we do provide very important services to our people. But if we're going to reform things, let's reform it for everybody, not just townships under 100 thousand people."
"The Chair recognizes Representative Morrison."
"All right. Thank you, Mr. Speaker. Quickly, to the Bill. When I'm talking to constituents back in my district, frequently, the issue of property taxes comes up. There are people who will say, why do my taxes keep going up when my house goes down? And they'll say, you're my State Representative, why don't you do something about it? And I always respond, you know, really you need to be talking to your… your township officials, your school board members, et cetera. Look at your property tax bill, they make up the vast majority of the bill. They make the decisions, not here at the state. But when these issues do come up in Springfield, I will vote for you. And that's why I strongly support this 09800114.docx 195 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 Bill. Yes, it is a step in the right direction, and I urge an 'aye' vote."
"The Chair recognizes Representative Jack Franks."
"Thank you, Mr. Speaker. To the Bill. You know, one of the previous speakers said this was nuts and I propose to be Mounds to his Almond Joy, because this is the right thing to be doing here. Listen, we have a real problem with property taxes in the PTELL counties. We have the second highest property taxes in the country after New Jersey. Lake County is one of the highest in the country. McHenry County is 16th highest in the country. I think six of the highest property tax counties in the entire state are in Illinois. That's not what we ought to be known for. I can tell you, in my district, many people's property taxes are higher than their mortgage. We are forcing people out of their homes. Seniors on fixed incomes are having to sell their homes because of our property taxes. We tried to pass the Bill here a couple of years ago that said, when your property values fall your property taxes shouldn't increase. It didn't pass last year. I don't get it. It should've. I'm embarrassed that it didn't pass. I'm glad that my friend is standing for this Bill. It doesn't give the entire relief that we were seeking in the other, but this is a start. And I think this is something we need to send a very strong message to the locals that when property values fall, you should not be raising property taxes. That's the bottom line. Let's send a message. Let's pass this Bill."
"The Chair recognizes Representative Ives."
"Mr. Speaker, to the Bill. We just passed an unfunded mandate on schools. We just passed a property tax increase on 09800114.docx 196 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 schools, just today, just in this Body. The schools represent about 75 percent of your property tax. Why we're attacking townships that are carved out for political reasons from this Bill is unbelievable. Do you want to freeze property taxes, just go ahead and freeze them all. And how about we freeze the state's budget too. How about we freeze the taxes on the state level too. How about we give real relief. But carving out separate units of government that don't have to have this is unbelievable. And in the same Session, also, adding on to the burden for property taxes by passing on unfunded mandates is ridiculous. I find this entire thing a charade."
"Representative McSweeney to close."
"This is an opportunity to vote for tax relief. Vote 'yes'."
"The question is, 'Shall House Bill 5311 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? Members, record yourselves. Rita, Stewart, Davis. Mr. Clerk, take the record. On this question, with 66 voting 'yea', 43 voting 'nay', 0 voting 'present', House Bill 5311, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Agreed Resolutions."
"Agreed Resolutions. House Resolution 970, offered by, Representative Pritchard. House Resolution 973, offered by Representative Sente. House Resolution 974, offered by Representative Stewart. And House Resolution 979, offered by Representative Dunkin."
"Representative Currie moves that the Agreed Resolutions be adopted. All in favor state by saying 'aye'; 09800114.docx 197 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 all opposed 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Agreed Resolutions are adopted. Now, back to the Order of Second Reading. We have House Bill 4422. Representative Jefferson. Mr. Clerk, read the Bill."
"House Bill 4422, a Bill for an Act concerning transportation. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
Speaker Riley: "Third Reading. Mr. Clerk, committee announcements."
"The following committees will be meeting this afternoon at 4:00 or immediately upon adjournment. The Adoption Reform Committee is meeting in Room 115. Cities & Villages is meeting in Room D-1. Consumer Protection is meeting in C-1. Judiciary is meeting in Room 114. Human Services is meeting in Room 118. And Elementary & Secondary Education is meeting in Room 413."
"Thank you. And now, allowing for perfunctory time for the Clerk, Leader Currie moves that the House stand in adjournment until Friday, April 4 at the hour of 9 a.m. All in favor state by saying 'aye'; opposed 'nay'. In the opinion of the Chair, the 'ayes' have it. And the House of Representatives is adjourned."
"House Perfunctory Session will come to order. Introduction of Senate Bills. Senate Bill… First Reading of Senate Bills. Senate Bill 119, offered by Representative Riley, a Bill for an Act concerning government. Senate Bill 345, offered by Representative Riley, a Bill for an Act concerning revenue. Senate Bill 498, offered by 09800114.docx 198 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 Representative Mautino, a Bill for an Act concerning local government. Senate Bill 822, offered by Representative Pritchard, a Bill for an Act concerning health. Senate Bill 2636, offered by Representative Lang, a Bill for an Act concerning public health. Senate Bill 2644, offered by Representative Burke, Daniel, a Bill for an Act concerning liquor. Senate Bill 2657, offered by Representative Williams, a Bill for an Act concerning safety. Senate Bill 2662, offered by Representative Mautino, a Bill for an Act concerning regulation. Senate Bill 2668, offered by Representative Hoffman, a Bill for an Act concerning criminal law. Senate Bill 2722, offered by Representative Currie, a Bill for an Act concerning State government. Senate Bill 2744, offered by Representative Harris, David, a Bill for an Act concerning State government. Senate Bill 2761, offered by Representative Jackson, a Bill for an Act concerning State government. Senate Bill 2782, offered by Representative Golar, a Bill for an Act concerning courts. Senate Bill 2797, offered by Representative Drury, a Bill for an Act concerning gaming. Senate Bill 2826, offered by Representative Chapa LaVia, a Bill for an Act concerning local government. Senate Bill 2903, offered by Representative Poe, a Bill for an Act concerning government. Senate Bill 2955, offered by Representative McAsey, a Bill for an Act concerning civil law. Senate Bill 2972, offered by Representative Crespo, a Bill for an Act concerning education. Senate Bill 2985, offered by Representative Demmer, a Bill for an Act concerning civil law. Senate Bill 2991, offered by Representative Martwick, a Bill for an Act concerning local government. Senate Bill 3000, 09800114.docx 199 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 offered by Representative McAsey, a Bill for an Act concerning State government. Senate Bill 3040, offered by Representative Burke, Kelly, a Bill for an Act concerning civil law. Senate Bill 3070, offered by Representative Madigan, a Bill for an Act concerning courts. Correction. Senate Bill 3075, offered by Representative Madigan, a Bill for an Act concerning courts. Senate Bill 3076, offered by Representative Feigenholtz, a Bill for an Act concerning health care. Senate Bill 3077, offered by Representative Sandack, a Bill for an Act concerning regulation. Senate Bill 3103, offered by Representative Turner, a Bill for an Act concerning business. Senate Bill 3115, offered by Representative Burke, Daniel, a Bill for an Act concerning regulation. Senate Bill 3135, offered by Representative Acevedo, a Bill for an Act concerning local government. Senate Bill 3214, offered by Representative Burke, Daniel, a Bill for an Act concerning education. Senate Bill 3265, offered by Representative Madigan, a Bill for an Act concerning local government. Senate Bill 3271, offered by Representative McAsey, a Bill for an Act concerning State government. Senate Bill 3286, offered by Representative Verschoore, a Bill for an Act concerning civil law. Senate Bill 3309, offered by Representative Walsh, a Bill for an Act concerning public employee benefits. Senate Bill 3366, offered by Representative Madigan, a Bill for an Act concerning regulation. Senate Bill 3406, offered by Representative Conroy, a Bill for an Act concerning regulation. Senate Bill 3427, offered by Representative Gordon-Booth, a Bill for an Act concerning local government. Senate Bill 3434, offered by 09800114.docx 200 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 114th Legislative Day 4/3/2014 Representative Burke, Kelly, a Bill for an Act concerning criminal law. Senate Bill 3438, offered by Representative Wheeler, a Bill for an Act concerning business. Senate Bill 3440, offered by Representative Ford, a Bill for an Act concerning public health. Senate Bill 3506, offered by Representative Sosnowski, a Bill for an Act concerning regulation. Senate Bill 3547, offered by Representative Anthony, a Bill for an Act concerning transportation. Senate Bill 3553, offered by Representative Mautino, a Bill for an Act concerning education. First Reading of these Senate Bills. There being no further business, the House Perfunctory Session will stand adjourned." 09800114.docx 201