"House Perfunctory Session will come to order. Committee Reports. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules reports the following committee action taken on November 19, 2014: approved for consideration, referred to Second Reading is Senate Bill 2799."
"Members are asked to be at their seats. Members are asked to be at their seats. Welcome back. We shall be led in prayer today by Lee Crawford, the Pastor of Cathedral Praise Christian Center in Springfield. Members and guests are asked to refrain from starting their laptops, turn off all cell phones, and rise for the invocation and the Pledge of Allegiance."
"Let us pray. Most gracious and sovereign, holy God. God of power, might, wisdom, and justice. Through You all authority is rightly administered. Laws are enacted. Judgments is decreed. God, assist us today with Your spirit of counsel and fortitude. May Your blessing be upon this august Assembly, the Speaker of this House, and all of its Members. God, may they always seek the ways of righteousness, the ways of justice, the ways of mercy, and the ways of compassion. God, I pray that they be enabled by Your powerful protection and Your infinite wisdom to lead this great state with great strength, honesty, and integrity. This we ask in the name of Your precious Son, Amen."
"We shall be led in the Pledge of Allegiance today by Representative Dunkin."
"I pledge allegiance to the flag of the United States of America and to the republic for which it stands, 09800146.docx 1 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 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 Representative Beiser is excused today."
"Representative Reis."
"Thank you, Mr. Speaker. Please let the record reflect that Representatives Bost, Cross, Harms, and Poe are excused today."
"Mr. Clerk, please take the record. On a count of 112 present, a quorum is established. Mr. Clerk, Committee Reports."
"Committee Reports. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules reports the following committee action taken on November 19, 2014: recommends be adopted for the floor is Floor Amendment #5 to Senate Bill 649, Floor Amendment #2 to Senate Bill 3171, Floor Amendment #2 to Senate Bill 3216; approved for consideration, referred to Third Reading is Senate Bill 1009. Representative Phelps, Chairperson from the Committee on Public Utilities reports the following committee action taken on November 19, 2014: recommends be adopted is Floor Amendment #1 to House Bill 3975, Floor Amendment #2 to House Bill 3975, Floor Amendment #5 to Senate Bill 3265. Representative Zalewski, Chairperson from the Committee on Health Care Licenses reports the following committee action taken on November 19, 2014: recommends be adopted is Floor Amendment #4 to Senate Bill 649. Representative Bradley, Chairperson from the Committee on Revenue & Finance reports the following 09800146.docx 2 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 committee action taken on November 19, 2014: do pass Short Debate is House Bill 6303; do pass as amended Short Debate is Senate Bill 3397; recommends be adopted is Floor Amendment #4 to Senate Bill 1740, Floor Amendment #1 to Senate Bill 2915. Representative D'Amico, Chairperson from the Committee on Transportation: Vehicles & Safety reports the following committee action taken on November 19, 2014: do pass as amended Short Debate is Senate Bill 3509. Representative Hoffman, Chairperson from the Committee on Labor & Commerce reports the following committee action taken on November 19, 2014: do pass Short Debate is Senate Bill 1653. Representative Franks, Chairperson from the Committee on State Government Administration reports the following committee action taken on November 19, 2014: recommends be adopted is House Joint Resolution 109. Introduction of Resolutions. House Resolution 1198, offered by Representative Ford. House Resolution 1238, offered by Representative William Davis. House Resolution 1256, offered by Representative Moeller. House Resolution 1267, offered by Representative McSweeney. House Resolution 1273, offered by Representative Smith. House Resolution 1276, offered by Representative Sandack. House Resolution 1317, offered by Representative Thapedi. House Resolution 1335, offered by Representative Pihos. House Resolution 1336, offered by Representative Williams. House Resolution 1337, offered by Representative Thapedi. House Joint Resolution 105, offered by Representative Flowers. House Joint Resolution 106, offered by Representative Hays. House Joint Resolution 110, offered by Representative Brauer. House Joint Resolution 112, offered by Representative Brauer. House Joint 09800146.docx 3 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 Resolution 113, offered by Representative Hays. House Joint Resolution 114, offered by Representative Brady. And House Joint Resolution 115, offered by Representative Costello. These are referred to the Rules Committee."
"Members, can we bring the noise down in the chamber just a bit? Members, can we bring the noise down just a bit? We'd like to conduct some business. Representative Currie on a Motion."
"Thank you, Speaker and Members of the House. I move to suspend the posting requirements so that the following Bills can be heard in committee: House Bill 6291, 6304, Senate Bill 2711, and Senate Bills 2905, and 2979, and Senate Joint Resolution 76. My understanding is that there will be unanimous consent for the Motion."
"Seeing no objection, the Lady's Motion carries. Members… Members are asked to be in their seats. On page 5 of the Calendar, under the Order of Resolutions, we have House Joint Resolution 108. Mr. Clerk."
"House Joint Resolution 108. BE IT RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that we honor and congratulate all of the players and coaches of the Loyola University Chicago's 2014 NCAA men's volleyball championship team for their achievements, for bringing honor to the citizens of the State, and for inspiring all high school and collegiate athletics and athletic teams in the State in the pursuit of excellence."
"Leader Durkin." 09800146.docx 4 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014
"Thank you, Mr. Speaker. A point of personal privilege. One, it's great to be back and to see everybody in this chamber and we would like to start off this Veto Session with some positive news. I think that what I am going to talk about is very positive. It's great for the State of Illinois. It's great for this building. And it's a testament to some outstanding young men who have joined us today, who are very tall. And if you look up to my left, we have the 2013 Loyola University Men's Volleyball Team who are the National Champions… 2014 National Champions of volleyball. Who would believe that on a cold shoreline in Roger's Park would produce an NCAA Championship volleyball team? We have these young men from California, all over the United States, who have come to Chicago to Loyola University to play Division 1 volleyball. And it was an absolute honor and a pleasure to meet these outstanding role models in men. And we're here today to honor them. So gentlemen, thank you so much for joining us. Congratulations and good luck in the upcoming season."
"Congratulations and welcome to your Capitol. Representative Tracy."
"Point of personal privilege, Mr. Speaker."
"Is it on this matter, Representative?"
"No, no, no."
"Let us adopt this Resolution really quick."
"Sorry about that."
"Representative Crespo."
"Thank you, Speaker. This'll only take a moment. As a Loyola grad from the class of like 1898, it is really an honor for me to welcome these young men. You have put not only our 09800146.docx 5 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 university on the map, but the State of Illinois, as well. We're really proud for them. So, I want to thank you very much. I'm very proud of Loyola University, not only did I get my degree there, but I got myself a wife. And my daughter's class was 2011. I'm also proud to say that Loyola University has… we're ranked second in terms of the most Legislators in the State of Illinois. I'm also proud to say that all four Leaders in the General Assembly have roots at Loyola University: Speaker Madigan, we have Christine Radogno in the Senate, and John Cullerton. I'm also proud to say that our Minority Leader, Jim Durkin, also attended Loyola University. So, it's a great day for us. Guys, thank you very much, and hopefully you repeat this again next year or this year. Thank you, folks. Thank you, Speaker."
"Again, congratulations and welcome to your Capitol. Leader Durkin moves that the House adopt House Joint Resolution 108? All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Resolution is adopted. Thank you, gentlemen. Representative Currie."
"Thank you very much, Speaker and Members of the House. It's my great honor to introduce to all of us a brand new State Representative Litesa Wallace from the 67th Representative District in the Rockford area joins us, replacing Representative Chuck Jefferson. I think she's at least as pretty as he was. So, please join me in welcoming her."
"Representative Currie." 09800146.docx 6 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014
"I also want to introduce a brand new Democrat. And I'm just making sure I properly say the child's name. Jianna Booth is the daughter of our favorite State Representative Jehan Gordon-Booth and her excellent husband. And that baby isn’t a new baby. She's on her way. Look at that mop of hair. So, I anticipate she'll be joining us in another, maybe, 23 or 24 years. Congratulations to Jehan Gordon-Booth and to her husband, Mr. Booth. Congratulations and welcome to the new baby."
"Congratulations, Representative. Representative Wallace, would you like to say a few words?"
"I simply wanted to say thank you for the welcome. I appreciate it."
"Thank you and welcome to the General Assembly. Representative Tracy."
"Thank you, Mr. Speaker. I, too, would like to introduce a new Member of our General Assembly. I'd ask that you please join me in welcoming Representative Sheri Jesiel, from the 61st House District. She lives in Winthrop Harbor, Illinois. And as we know, she was sworn in this summer after our dear Representative Osmond resigned and retired."
"Thank you and welcome. Representative Jesiel, would you like to say a few words."
"Yes. I'd just like to say thank you for welcoming me. And I know that replacing JoAnn Osmond is a big seat to fill, but I'm happy to be here and look forward to working with all of you. Thank you."
"Thank you, Representative and welcome to the General Assembly. Representative Kosel." 09800146.docx 7 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014
"Thank you, Mr. Speaker. I would like to introduce to the House two Pages that I have here today, twin sisters, Berat and Banu Gulecyuz and they both attend Morgan Park Academy."
"Let's give them a warm round of applause. Thank you and welcome to your Capitol. Representative Williams, for what reason do you seek recognition?"
"A point of personal privilege, please."
"Please proceed."
"I wanted to let everybody know that there is an event this evening from 6 to 8 p.m. at the Old State Capitol. You may recall during the marriage equality discussion, I referenced a book that was written, a memoir about a relationship between a reporter and the late Penny Severns. Well, that book is now published. And the author, Terry Mutchler, will be having a book signing and reading this evening, 6 to 8 p.m., and reception at the Old State Capitol. All are welcome. Please stop by."
"Thank you, Representative. Members, if we could bring the noise level in the chamber down just a bit. We only have a couple, few… few orders of business to take care of. Representative Demmer, for what reason do you seek recognition?"
"Thank you, Mr. Speaker. A point of personal privilege."
"Please proceed."
"I would like to welcome a couple of constituents who are down, visiting today. Ogle County Board member Zach Oltmanns and Kevin Oltmanns. Please give them a warm welcome to Springfield." 09800146.docx 8 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014
Speaker Turner: "Thank you and welcome to your Capitol. Representative Franks."
"A point of personal privilege, Mr. Speaker."
"Please proceed, Representative."
"I'd like to remind everyone of an important function tonight in Secretary of State Jesse White's office from 5 to 7. It's the Joint Legislative Task Force on Turkish Illinois Relations and the Niagara Foundation and the Turkish American Federation of the Midwest. There's a reception with the Secretary's Office tonight and Secretary White's on the second floor. Wonderful food. Hope you all can be there from 5 to 7."
Speaker Turner: "Thank you, Representative. Mr. Clerk, the Adjournment Resolution."
Clerk Hollman: "House Joint Resolution 116, offered by Representative Curie. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY EIGHTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that when the two Houses adjourn on Thursday, November 20, 2014, the House of Representatives stands adjourned until Tuesday, December 02, 2014 at 12:00 o'clock noon, or until the call of the Speaker; and the Senate stands adjourned until Tuesday, December 02, 2014, or until the call of the President."
"Leader Currie moves that the House adopt the Adjournment Resolution. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Resolution is adopted. On page 4 of the Calendar, 09800146.docx 9 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 under the Order of Concurrence, we have House Bill 3672. Representative Riley."
"Thank you, Mr. Speaker. Members of the House, I concur with Senate Bill… Senate Amendment #1 on House Bill 3672."
"On that, we have Representative Sandack."
"Will the speaker yield… will the Sponsor yield, please? You can yield too."
"Sponsor will yield."
"Could you help me out with what you're… what you're doing?"
"I'm sorry. I can't hear you, Ron."
"…you, Representative. Members, can we please bring the noise down in the chamber? We're on page 4 of the Calendar, under the Order of Concurrence and there's a debate going on. Can we please bring the noise level down? Thank you very much. Representative Riley."
"I'm sorry, Ron. I didn't hear you."
"Thank you, Representative. I just wondered if you could elaborate on what this is."
"Oh, I am sorry. This Bill 3672 was one of the many transparency Bills that we had passed earlier. This had to do with the RTA and all of the Service Boards streaming all of their meetings and then putting a file, an audio file, of all of their meetings on their websites, such that, anyone that could not attend the meetings would know what these important boards are doing. It passed unanimously here and then the other Body, what happened was, it came over the last day of Session and we didn't get a chance to concur with it."
"Beautiful. Thank you, Representative." 09800146.docx 10 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014
"Thank you."
"The question is, 'Shall the House concur with House Bill… Senate Amendment #1 to House Bill 3672?' This is a final action. All those in favor signify by voting 'aye'; all opposed signify by voting 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 112 voting 'yes', 0 voting 'no', and 0 voting 'present'. The House does concur with Senate Amendment #1 to House Bill 3672. On page 2 of the Calendar, under the Order of House Bills on Second Reading, we have House Bill 3817. Representative Nekritz. Mr. Clerk, please read the Bill."
"House Bill 3817, a Bill for an Act concerning elections. This Bill was read a second time on a previous day. No Committee Amendments. Floor Amendment #2, offered by Representative Currie, has been approved for consideration."
"Representative Nekritz."
"Thank you, Mr. Speaker. Floor Amendment 2 is a gut and replace that clarifies a conflict between the school Election Code and the main Election Code that resulted in just an oversight when we changed the legis…changed the statues last year in order to allow school board members to file their petitions with County Clerks."
"Seeing no debate, the que… The Lady moves that the House adopt Floor Amendment #2 to House Bill 3817. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed." 09800146.docx 11 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014
"Third Reading. Mr. Clerk, we have House Bill 3817. Representative Nekritz. Please read the Bill."
"House Bill 3817, a Bill for an Act concerning elections. Third Reading of this House Bill."
"Leader Nekritz."
"Thank you, Mr. Speaker. The Bill does exactly what I described in the Amendment. I'd ask for your support."
"On that, we have Representative Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor will yield."
"Representative, I'm just trying to clarify exactly what this does and I'm not sure I understand it, 'cause it's the first time I've seen it."
"So, the first time, the… the schools last year had some complaints about their ability to… do the requirement that they stay open on holidays, and Christmas Eve and so forth, when… in order to be able to accept the petitions from school board members. So, we changed the law so that the County Clerks would accept the petitions instead of the school boards. This… and… under current law for the County Clerks, they're under no obligation to check the thoroughness of the petitions, knowing whether there's enough signatures or whatever. The school boards were required to do that. This just clarifies that conflict. So, the school board… so that now the Clerks just accept the petition. They're not required to review to see whether there's enough signatures and all the necessary paperwork is there. It's exactly the way they do for us when we… when we file our petitions."
"So, the Clerk is just a depository not an adjudicatory." 09800146.docx 12 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014
"Again, which is exactly what they do when… when we file our petitions."
"And there'll still be checks and balances with the school board, having to check to make sure it's correct."
"So someone can file an objection. None of that changes."
"Okay. That makes sense. Thank you."
"Okay."
Speaker Turner: "Representative Kelly Burke. Representative Nekritz to close."
"I ask for your support."
"The question is 'Shall House Bill 3817 pass?' All those in favor vote ‘aye’; all opposed vote ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Members please record yourself. Have all voted who wish? Representative Cabello, Wallace. Mr. Clerk, please take the record. On a count of 112 voting 'yes', 0 voting 'no', and 0 voting 'present', House Bill 3817, having received the Constitutional Majority, is hereby declared passed. Representative Kelly Burke for what reason do you seek recognition?" Burke, K.: "Point of personal privilege, Mr. Speaker."
"Please proceed." Burke, K.: "It is… our colleague, Representative Kelly Cassidy's birthday today. She's not on the floor at the moment, but will be. So, please make sure you wish her a happy birthday. And to celebrate her turning 39 again, the Boat Drink Caucus will be entertaining at the Globe at about 9:00 in her honor. So, please feel free to come by." 09800146.docx 13 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014
"Thank you, Representative, and happy birthday Representative Cassidy. Representative Ives, for what reason do you seek recognition?"
"Rise to a point of personal privilege."
"Please proceed."
"On May 30 of this year, a constituent of mine…"
"Members, Members, please. Can we bring the noise level down? Thank you."
"Thank you."
"Representative Ives."
"On May 30 this year, a constituent of mine purchased a antique vehicle in the State of Indiana. He brought the vehicle back to Illinois and paid the appropriate sales tax of $1 thousand. He then took the vehicle to the mechanic to have him look it over and realized that it… that that particular vehicle had multiple VIN numbers. Meaning it was assembled and it was not a whole. So, he took it back to the seller… seller and then did the proper paperwork through our Department of Revenue to receive a refund for his $1 thousand in sales tax that he had paid. The Department of Revenue said that all his paperwork is all… it was in order, that he was definitely entitled to this refund, that he should be… he had done everything correctly as needed, and in fact he did this in less than a month after remitting the original $1 thousand. But he was told by the Department of Revenue that he will not be receiving his $1 thousand back even though he no longer owns that vehicle and was no longer… it… the sales tax he did not really owe should have been refunded to him. He was told this because this Body failed… failed to put any money in 09800146.docx 14 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 that refund account based on the budget Bills that we passed at the end of May. So real people get hurt when we don’t do the budgeting process correctly. This man is out $1 thousand because we zeroed out… zeroed out that account that did have… that used to have $4 million in it from the previous budget process. This is the type of thing that has got to stop because when you take bad votes on this House on budget proposals, real Illinoisans get hurt and do not get back the money that they deserve. He did this whole process in the span of 30 days. We took his money and we kept it, and we're not giving it back at this point. It's terrible and it has to change. Thank you."
"Representative David Harris, for what reason do you seek recognition?" Harris, D.: "Thank you, Mr. Speaker. If I may address the Lady's comments."
"Please proceed." Harris, D.: "Ladies and Gentlemen of the House, the Lady has indeed identified a problem, and it's a problem which we could solve with legislation and hopefully… hopefully we will do that in the new Session of the General Assembly. It… unlike the income tax refund fund, where we put money into the refund fund for income… for individuals who are owed income tax refunds, we have no such fund for sales taxes. It would be appropriate to start a sales tax refund fund so that problems such as what the Lady has addressed could be resolved and our constituents would get the money back that they are entitled to. So hopefully, we can join together in a bipartisan manner 09800146.docx 15 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 and establish such a fund in the new General Assembly. Thank you."
"Thank you, Representative. Representative Bost."
"Thank you, Mr. Speaker. If we could add Rich Brauer to the absentee list, that'd be great."
"Thank you, Representative."
"Thank you."
"Members, on page 4 of the Calendar, under the Order of Total Vetoes, we have House Bill 3796. Representative Currie."
"Thank you, Speaker and Members of the House. I move to override the Governor's Veto of this Bill. This measure came to us from local municipalities across Illinois. The problem they face is that sometimes people abuse the Illinois Freedom of Information Act. Sometimes people, for reasons of spite or just to harass, ask for so much material that a village really doesn’t have the resources to respond. So under this Bill we define the people who are asking for such voluminous records in… in a single sitting that the municipality cannot within the time frame permitted under law respond. We also permit the public body to charge for electronic delivery of some of these requests. I have from one village, I'm not sure which one, a writer that requests 23 separate documents ranging from an ordinance that was adopted at 2002-0092, 2003-0007. These people want all of these ordinances, all of these information texts, e-mails, letters back and forth, all kinds of documents that it would take the village lawyers a long time to see it through before they can respond. So we think it's a tightly… a tightly organized Bill and we think it's 09800146.docx 16 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 important to provide relief to local governments when there is clearly harassment going on. I'd be happy to answer your questions. And I'd appreciate the same Roll Call we had in the spring."
"Representative Kay."
"Thank you, Mr. Speaker. Would the Sponsor yield?"
"The Sponsor will yield."
"Leader Currie, does a State Representative have to FOIA information?"
"Have to FOIA information?"
"Yes."
"No."
"They don’t?"
"Well, I've never… I've never felt a need to send a FOIA myself."
"So, every time you've asked for information from a government agency, you've always received it?"
"I do."
"You do? Thank you very much."
"Representative Franks."
"Thank you, Mr. Speaker. I'm going to speak to the Bill. I… I appreciate what the Sponsor is trying to do, but I rise in opposition, and I would ask you to do the same. Please read the Governor's Veto Message. The Governor is exactly right on why he vetoed this Bill. Ladies and Gentlemen, understand that this is now, if we pass this law, that we would be creating a FOIA tax. Make no mistake, that's what this Bill will do. If you look at the way the Bill is drafted, first of all, I think it's confusing, I think it's flawed, 09800146.docx 17 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 but the way they have determined the cost… Let me give you an example. I'm going to hold this up as an exhibit, if you're paying attention. There are four pages here, four pages. One is a graph on violent crime per one hundred thousand dol… hundred thousand residents in Chicago. The next is a map of the City of Chicago, another map of the City of Chicago, and the fourth is some numbers. Under this Bill… under this Bill, Ladies and Gentlemen, this would cost someone $100, $100 for four pages based on the megabyte requirements in this Bill. What this will do will have a chilling effect on citizens to be able to get the information that they request. Now, the Sponsor's going to argue that a lot of the things that we're asking for are already online and she'd be right. But many things are not online that people have specific questions for, and they will not be able to get them if they are asking for documents that have photographic evidence, or are done in graph form unless they are willing to spend hundreds of dollars. This is not how government should be done. We should not require people to pay a FOIA tax to get information that is rightfully theirs. This does not strike a balance on the issues that the Sponsor is trying to solve. The Sponsor has… there are real concerns and there have been real abuses, but the way this Bill is drafted it's overly broad, it's burdensome, it does not help most people seeking information under FOIA. It does not promote transparency. It does not increase posting information. It would not facilitate public bodies' compliance with large FOIAs requests, and it does not provide any useful tools to responses to large FOIA requests. I understand the issue; I understand the problem. 09800146.docx 18 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 Unfortunately, this solution is worse than the problem it is seeking to address. Understand, Ladies and Gentlemen, that this… if this passes, people will not be able to get the information they are entitled to without paying vast sums of money. There is a problem that needs to be addressed. This Bill does not do it. This Bill would harm our constituents. I'd ask for a 'no' vote."
"Thank you, Members. We have a few people seeking recognition on this Bill. Would you just bring the noise level down so everyone can hear the debate; it'd be greatly appreciated. Representative Sandack."
"Thank you, Speaker. Will the Sponsor yield?"
"Sponsor will yield."
"Leader Currie, there was some language in the rhetoric used by the previous speaker about a tax. Would you please respond to that?"
"I'd be happy to, Representative. First of all, if you ask for documents of fewer than 50, you pay nothing. If you ask for paper that is greater than that, you pay today. There's already a FOIA tax in place. All this does, and it's much cheaper levels, is say if you're asking for something in electronic format, which the village may not even have an electronic format, the village can ask you to pay something for that. Let me just give you a hint of what the differences are. If you're looking for two megabytes of a document, it would cost $69 if it were in paper form; if you ask for it in a PDF under this Bill, you'd get charged 20. So it's a lot cheaper to get anything electronic than it is that people are 09800146.docx 19 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 getting today in paper. So, I don’t understand the remarks of the previous speaker. I think he's barking up the wrong tree."
"One more question, Leader. In your estimation, does this streamline and make more accessible and actually help accountability for villages responding to FOIA requests?"
"I think it absolutely does. I think the village, the municipality, now will have the opportunity to say to the requester, look, I think you're over… overreacting and here is what happens unless you want to revise your request so that it is of reasonable proportion, of reasonable size. So, I think rather than adding to the inefficiency, it only encourages efficiency and transparency."
"Thank you, Leader. To the Bill real quickly, Speaker. The reason we got 77 votes on this is because it's good government. It doesn’t take away anyone's rights. It still provides opportunities for citizens to get information from their government. It doesn’t tax anybody and it actually reduces the level of effort employed by municipalities that have been overburdened by actually abusive requests. This puts reasonableness in a good transparent law and it provides some accountability in streamlining. I strongly urge a 'yes' vote."
"Representative Dunkin."
"Thank you, Mr. Speaker. To the Bill. Ladies and Gentlemen, I, too, rise in support of this legislation. It is responsible, it is the right thing to do, and it's a really good commonsense approach. For those of us who may not be familiar with the legislation, voluminous request simply does not include a request made by a news media, a not-for-profit, 09800146.docx 20 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 scientific, or academic organization if the principal purpose of the request is, number 1) to access and disseminate information concerning news in current or passing events; for articles or opinions or futures… features of interest to the public; or number 3) for the purpose of academic, scientific, or public research or education. This Bill is responsible. It really puts in context legislation or requests for information, not just at the state level but for all levels of government in a reasonable, very straightforward approach that costs very little. So, you get up to 50 pieces of documents absolutely for free, and a… a small nominal cost for 50 copies or more. It's responsible. It is a corrective action. And I applaud the Sponsor for introducing this legislation given the fact that we're trying to be as efficient and specific when it comes to Freedom of Information Act. I would encourage an 'aye' vote. Thank you."
"Leader Currie to close."
"Thank you, Speaker and Members of the House. There sometimes are spiteful, harassing requests. This legislation will make it possible for the village, the municipality, to respond in an efficient and timely manner. Nothing in this Bill would say that an individual does not have a right to the information. It may take a few days longer under this Bill, if the requester doesn't become specific, after being alerted by the municipality that this is considered voluminous, overly voluminous, overly burdensome. So it need add no time whatsoever to the time it takes for a village to respond to a Freedom of Information request, but it does make for greater accountability, greater transparency, and it 09800146.docx 21 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 gives the village some tools to use when they face requests that are way over the top. I urge your 'aye' vote."
"The question is, 'Shall House Bill 3796 pass, nonwithstanding the Governor's specific recommendations for change?' This Motion requires 71 votes. This is final action. All those in favor signify by voting 'aye'; all opposed signify by voting 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. This Motion, having… on a count of 76 voting 'yes', 36 voting 'no' and 0 voting 'present', this Motion, having received the required Three- fifths Majority, the Motion to override prevails and House Bill 3796 is declared passed, nonwithstanding the Governor's recommendations for change. Members, on page 3 of the Calendar, under the Order of Senate Bills on Second Reading, we have Senate Bill 726. Representative Currie. Mr. Clerk, please read the Bill."
"Senate Bill 726, a Bill for an Act concerning liquor. This Bill was read a second time on a previous day. Amendment #1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Mr. Clerk, Senate Bill 726. Please read the Bill."
"Senate Bill 726, a Bill for an Act concerning liquor. Third Reading of this Senate Bill."
"Leader Currie."
"Thank you, Speaker and Members of the House. This deals with two establishments that want to sell alcohol; each is within a hundred feet of a church. One we have done before 09800146.docx 22 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 twice, but there has been inconsistencies in the language so we are required to do it yet one more time. The other is new. The one that's old was in my district and it is an event center. We have letters on file from the pastors of the nearby churches as well as the aldermen. The other is in the district of… State Representative Feigenholtz. It is called wineHouse and they want to sell packaged liquor. Again, we have a letter from the pastor of the nearby Episcopal Church, and also from the aldermen. There is no opposition at the local level to this measure. We've done this a lot of times in this chamber and I hope I will have your support to do it again today. I urge your 'yes' votes on Senate Bill 726."
"Seeing no debate, the question is, 'Shall Senate Bill 726 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Members, please record yourself. Have all voted who wish? Mr. Clerk, please take the record. On a count of 68 voting 'yes', 40… Leader Currie."
"I'm… I'm just checking that we may need… I may need Postponed Consideration. Unless people want to quickly turn over their vote."
"Or you can move this Bill to the Order of Postponed Consideration."
"Okay."
"Clerk, please move this Bill to the Order of Postponed Consideration. Mr. Clerk, Senate Bill 1680, Representative Currie. Please read the Bill."
"Senate Bill 1680, a Bill for an Act concerning local government. Sec… this Bill was read a second time on a 09800146.docx 23 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 previous day. Amendment #1 was adopted in committee. Floor Amendments 2 and 3 have been approved for consideration. Floor Amendment #2 is offered by Representative Willis."
"Representative Currie."
"Do we just want to go to Amendment 3, or are we withdrawing Amendment 2? Amendment 3 becomes the Bill."
"Mr. Clerk, please remove Floor Amendment #2 from Senate Bill 1680."
"Floor Amendment #3, offered by Speaker Madigan, has been approved for consideration."
"Leader Currie."
"Thank you, Speaker and Members of the House. There are several home equity assurance funds operating in the state, I think four, and at least one of them has the opportunity because of its fiscal balance and because of a referendum approval to offer low interest home repair loans. All this measure does is to say that those loans can be given for those who are repairing flood damage. We do have flood problems in some parts of the state from time to time, and this would just ensure it's a clarification that fixing your basement that got flooded out the last time we had heavy rains could be a purpose for the low interest loan under the home equity program. I'd appreciate your 'aye' vote."
"Representative Franks."
"Thank you, Mr. Speaker. Will the Majority Leader yield?"
"She indicates that she will."
"Not to him."
"You know, Representative, this actually makes sense, I think." 09800146.docx 24 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014
"Yes."
"It does."
"Yes."
"It does. One for three isn't bad. You'd be in the hall of fame in a lot of places, but I have a question here. Why do we need to have specifics here? I mean, can't you do a home equity loan right now? Why do you have to add the repairs for sewer and water pipes and damages?"
"Because we… I think it's just clarification. The people who are in the business of making these loans want to be sure that they're within the purposes that have been approved. So, it's really a clarification issue."
"Okay. I was wondering because I would try to make it as expansive as possible."
"Yeah. Well, it's certainly for the homeowner too, that the loan isn't suddenly going to be questioned."
"Right. I agree. Okay. So, I'm sorry we have to do this, but I'm glad you're fixing the legislation, if it's necessary. So, I stand in support."
"Thank you."
"The Lady moves that we adopt Floor Amendment #3 to Senate Bill 1680. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Mr. Clerk, Senate Bill 1680. Representative Currie."
"Senate Bill 1680, a Bill for an act concerning local government. Third Reading of this Senate Bill." 09800146.docx 25 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014
"Leader Currie."
"Thank you, Speaker and Members of the House. Just what I described and my colleague from McHenry County says that this is a sensible Bill. And I urge all of you to join him and me in voting 'yes'."
"Seeing no debate, the question is, 'Shall Senate Bill 1680 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Cabello, Jakobsson. Mr. Clerk, please take the record. On a count of 111 voting 'yes', 0 voting 'no', and 0 voting 'present', Senate Bill 1680, having received the Constitutional Majority, is hereby declared passed. Senate Bill 2758, Representative Currie. Mr. Clerk, please read the Bill."
"Senate Bill 2758, a Bill for an Act concerning State Government. This Bill was read a second time on a previous day. Committee Amendments 1 and 2 were adopted previously. Floor Amendments 3, 4, 5, 6, and 7 were also previously adopted. No further Amendments. No Motions are filed."
"Clerk, please take this Bill out of the record. Clerk, Senate Bill 2809. Representative Nekritz. Please read the Bill."
"Senate Bill 2809, a Bill for an Act concerning public employee benefits. This Bill was read a second time on a previous day. Amendment #2 was adopted in committee. Floor Amendment #3, offered by Representative Currie, has been approved for consideration." 09800146.docx 26 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014
"Representative Nekritz."
"Thank you, Mr. Speaker. Floor Amendment 3 is a gut and replace that allows the Attorney General to bring a civil action to enjoin the payment of pension benefits when someone is convicted of a felony related to or arising out of their employment."
"The Lady moves that we adopt Floor Amendment #3 to Senate Bill 2809. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Mr. Clerk, Senate Bill 2809. Please read the Bill."
"Senate Bill 2809, a Bill for an Act concerning public employee benefits. Third Reading of this Senate Bill."
"Representative Nekritz."
"Thank you. I… I explained the Bill on the Amendment. It's a sensible Bill. I ask for your support."
"Representative Sandack."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor will yield."
"Representative, you said it was sensible. Help me out a little bit because I… it was pretty truncated on what this does. My understanding it gives the Attorney General considerable power. How is that sensible in the overall scheme of things taken into consideration kind of that abusive case we don’t like, retrospectively?"
"So, Representative, there's been… we've had some experience in the state where the… right now the process in… 09800146.docx 27 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 on this kind of a thing is when… when someone is convicted of a felony and they're sentenced, then that… the pension systems contact the Attorney General to make a determination as to whether or not the conduct that resulted in the conviction is in the course of their employment. And if the Attorney General says yes, the pension board then votes on whether or not to suspend the pension and by law they are supposed to vote yes. There has been an instance where a pension board failed to do that and instead said we don't care what the Attorney General said we're going to allow that pension. In this case… it was Jon Burge which I think was pretty clear that his… his conviction arose out of the course of his employment, but the pension board ignored it. So, I think it makes sense… it is sensible actually to give the Attorney General the ability to intercede in that and go to court and get a ruling that that did arise out of the course of his employment and that pension should not be awarded."
"Sensible explanation to be sure, but let's make sure it measures with what happened. Forget the Burge thing for a… I mean, that was egregious. Can't we change existing law so that if a pension board does not follow the instruction of the Attorney General, rather than inserting the Attorney General into each pension decision and then giving the Attorney General rights to sue in the name of the state later on?"
"I… I'm sorry. Say it again, Representative. "Cause I think that's what exactly what this Bill does."
"I know, but isn’t that giving more power than what’s really necessary?" 09800146.docx 28 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014
"Well…"
"Wouldn't… wouldn’t we be better off just simply requiring pension boards to follow the mandate of the Attorney General in the first instance…"
"I… I believe that…"
"And…and thereby invalidating their decision?"
"I believe… I believe that's what existing law does and that didn’t… and they just ignored it."
"Well, it does more, doesn’t it? It gives the Attorney General rights then to have standing if the pension board doesn’t do what she or he likes they can sue then, the Attorney General can. And it doesn’t necessarily mean the Attorney General has to wait for those type of disputes. He or she can insert her- or himself into any pension issue, right?"
"So, Representative, it was our original intent that the… that the pension boards should follow that and must follow that… I… and it's my understanding that when the… the particular pension board failed to do that, the court said that, you know, the General Assembly needs to come back and clarify that. So, I think that’s what we’re doing in order to give the Attorney General that… that ability."
"Okay. Last question. Did the FOP take a position on this Bill?"
"I've not heard from them."
"Okay. To… to the Bill. I respect the intentions of the Sponsor. I think I understand exactly what she's trying to do; however, I think this Bill is overkill and I would caution my friends to make sure we're not giving too much authority 09800146.docx 29 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 and power to the Attorney General to intercede in matters that are not in controversy and maybe not even when a pension board fails to heed her or his warning with respect to the propriety of a decision. I would think a better way to do this is to attack the problem specifically. We have time in the next Session. I think we're going overboard here. I would urge a 'no' vote."
"Representative David Harris." Harris, D.: "Question of the Sponsor, please."
"The Sponsor will yield." Harris, D.: "Representative, I think I understand what you are trying to do here. Help me make sure that I'm clear on the issue at hand. As I understand it right now, does the Attorney General, upon sentencing, take a civil action to prevent the payment of benefits?"
"I… I'm sorry, Representative, I just didn’t hear you. Say you… you can say it…" Harris, D.: "In order to forg… in order to lose benefits under the Code an individual who is convicted of a felony doesn’t lose those benefits until sentencing currently. Is that correct?"
"Sentencing and a determination by the Attorney General that it was in the course of their employment." Harris, D.: "That leads me to my next question, but it's sentencing versus conviction."
"Correct. That… that's my understanding, correct." Harris, D.: "So there could be quite a gap in the period of time from conviction to sentencing?"
"Yes." 09800146.docx 30 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 Harris, D.: "Okay. So would this potentially shorten the gap?"
"No." Harris, D.: "It would not?"
"No." Harris, D.: "All right. Well, then maybe you're not addressing the point that I was looking at. Let's go back, then, for the second point though that you brought up. The… the felony has to be related to or rising out of a connection with that person's service as an employee. When is that determination made currently?"
"That determination is made after sentencing. And it's my understanding that the process is that the sys… the pension system and the pension board send a request to the Attorney General who reviews the matter and then makes that decision and it goes back to the pension board to… to actually take the vote to reject the pension, or in the case of the Burge matter, they accepted the pen… they continued to accept the pension." Harris, D.: "So currently the determination of whether or not the offense was made related to one's duties is made at time of sentencing?"
"Yes and upon a request by the pension board." Harris, D.: "If we're giving the Attorney General power to act prior to sentencing… We're not?"
"No, no. This… this would be if… if after the Attorney General makes that decision, sends it back to the pension board and the pension board says, you know what, I don’t care what that Attorney General said. I'm going to award this 09800146.docx 31 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 pension anyway. This gives the Attorney General the ability then to go to court to uphold her action." Harris, D.: "So, this is only if the… only if the pension board said… says we don't care what you, the Attorney General say, we are going to permit the annuitant to continue to receive benefits, notwithstanding the fact that the crime was related to the service in office."
"That's correct." Harris, D.: "Okay. That's a clear explanation. I appreciate it. It… it does make sense. It does not have anything to do though with that gap between sentence… between conviction and sentencing."
"No, no, no and… and I…" Harris, D.: "Okay."
"…think it's pretty clear that… that the courts have told us that anything between the conviction and sentencing would be unconstitutional." Harris, D.: "Okay. Thank you for your help. The explanation I think, Ladies and Gentlemen, certainly was helpful to me. I'm inclined to vote 'yes' on the Bill. And I think the Lady has a good idea here."
"Representative Leitch."
"Thank you very much, Mr. Speaker. To the Bill. I think that, to the Members who are listening, this Bill represents a very significant expansion of powers to the Attorney General. I know we're all swept up in the emotion of the Burge case, but taking a more long-range view, I think you… one really must understand what this empowers the Attorney General to do. I don't want to give Attorney Generals more 09800146.docx 32 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 power most days, and I specifically am not in favor of this measure. So, I would strongly urge a 'no' vote."
"Representative Dunkin."
"Ladies and Gentlemen… Will the Sponsor yield?"
"The Sponsor will yield."
"Representative, can you give us the scenario of what led to this piece of legislation? Why it's before us."
"So, Representative, the onl… we're only aware of one example, but it is in fact the Jon Burge example, which is a pretty egregious example of a guy who in the course of his employment, multiple times, tortured prisoners and arrestees and under his control and then was convic… ultimately convicted of some… you know, not that, but something years later. And when the… when the Attorney General made a decision that that was, in fact, in the course of his employment, which I don't think there's any question that that was in the course of his employment, the pension board overseeing the Chicago police pension fund said, you know, we don’t care. We're going to continue to award that pension anyway. So John Burge as of this moment is continuing to collect his pension."
"So, are you telling me that Jon Burge, who for years tortured well over 100 black men in his custody who were not convicted of anything, they were just arrested and held in his custody. He was found guilty. He recently left the… the Butner Correctional Facility. He lives in Florida. Has a boat by the name of Vigilante and he is… and we are the citizens of the City of Chicago and the State of Illinois, we are still paying his pension?" 09800146.docx 33 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014
"As outrageous as that sounds, Representative, the answer is yes."
"And so the Attorney General is trying to do what now, exactly?"
"So the Attorney General is trying to make… we're trying to give the Attorney General as a mechanism to assure that if the pension board abuses their powers, that we've granted them under statute, if they abuse those powers that… that here is some oversight and some check and balance on that."
"So, about how much is this annual pension?"
"I have no idea."
"Someone just informed me that it's about $60 thousand with cost-of-living adjustments. He's already collected over $700 thousand in pension."
"All right. Okay. Yeah, I… I…"
"Ladies and Gentlemen, to the Bill. Excuse me, Mr. Speaker, can you… Ladies and Gentlemen, this Senate Bill 2809 is that of real significance here in our state. There is… has been a major travesty of injustice forced upon innocent… or at least individuals who were arrested, merely in the custody of the police, and it went on for well over a decade. A decade and a half by a police commander in the City of Chicago that had his way with torturing well over 100 men. Most of these men… excuse me, every single one of these men were black men. Some didn't do anything. Some may have had some prior run- ins with police, but Jon Burge has been classified as one of the criminals of all time given some of the tragic things that he did on these men who were merely in his custody, trying to extract a conviction out of them by putting electric 09800146.docx 34 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 rods up to their testicles, beating them in the head with telephone books, torturing them by putting shockers on their nipples, sticking ob… inan… you know, objects in-between their legs. These were… this was the police commander. A police commander in the City of Chicago. Some of the… the victims that he tortured ended up going to prison and had to be released 20, 25 years later. Those same individuals, who were not convicted of anything, ended up suing the City of Chicago and I believe the State of Illinois in some context. All because of wrongful conviction, of forced convictions, forth… forced confessions by this brutal heathen that we have been paying all of this money, well over $700 thousand, so he can live in his boat in Florida, the Vigilante boat, and go on with his life. Whereas, he scarred the lives and the aspirations of many a men here in this state and all the Attorney General wants to do simply is to have the authority, the ability, to connect… to remove his pension. This guy, for example, should not live in glory as he tortured and wrongfully convicted all of these men, unjust. Und… He treated us as if this was some 19th… 18th century medieval City of Chicago or State of Illinois. Let's give the Attorney General the ability to do her job, especially if they committed such a heinous atrocity while they were serving… so-called serving the public, or on the public payroll. Here's an opportunity for us to give the Attorney General the opportunity to do the right thing and to rid us with this embarrassment, this gross and inhumane embarrassment, of this torturer who did his job completely ass backwards by violating the rights of innocent citizens here in this state that eventually ended up costing 09800146.docx 35 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 us a tremendous amounts of… millions upon millions of doctors… dollars with a wrongful conviction. I would strongly urge, if you have a conscious, an 'aye' vote. Thank you."
"Representative Currie."
"Thank you, Speaker and Members of the House. While I agree with what the previous speaker said in respect to the actions of a former Chicago police commander, everybody on this floor should know that nothing in this Bill will change one penny's worth of money that goes to that person in terms of his pension benefit. What it does do is clarify existing State Law which, as I read it, already gives the Attorney General the opportunity to intervene in pension cases. In fact the language of current statute says, civil enforcement: a civil action may be brought by the Attorney General or by others for various kinds of relief under the Pension Code. The Supreme Court didn't read this Section when it held that only administrative remedies are appropriate in a pension felony case. The reality is when someone commits a felony in the course of his or her public employment, we need to make sure that the Attorney General has the tools we already gave the occupant of that office to go to court and say this person does not… is no longer eligible for the pension because of a felony. So this has nothing to do with an individual. It has only to do with clarifying existing statute so that in the future, if some convicted felon is being given a pension by a pension board inappropriately, we have some recourse. We have some defense against that. If you're for pension reform, if you're for making sure that felons are not feeding at the public trough when the felony they committed was in the course 09800146.docx 36 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 of their public employment, the only appropriate vote on this Bill is a 'yes' vote."
"Representative Tracy."
"Thank you Mr. Speaker. Will the Sponsor yield?"
"The Sponsor will yield."
"Representative Nekritz, some of the things that come to mind as I… I'm looking at the House Floor Amendment #3 and it's… it's very simply written and it just gives the Attorney General the authority that they may file a civil action. My question is… could there be a way to improve this so that we could set out criteria of rules, that… or guidelines that if this, and this, and this, the Attorney General may file an action? It seems that we're painting in a very broad brush. For instance, what comes to mind, aside from what has been laid out as a very horrible set of circumstances in one… one case…"
"Representative, I… I really disagree with that assessment because it says that they… they can file a civil action to enjoin the payment of benefits under this Code to any person who's convicted of a felony relating to or arising out of a connection with their employment. That’s the law today. The… the pension board that awarded this violated the law, and there's no way for the Attorney General or anyone else to have oversight over that. So this is exactly… all we're saying is someone needs to be able to change that when the pension board ignores the law."
"But it seems to me… as we know, every case is different. What if a person has a family at home, minor children to support, should that… there's no guidelines or circumstances 09800146.docx 37 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 going to address the innocent bystanders of those actions. To me, you're… you're giving very broad authority without ability to address each particular situation."
"Well, Representative, I can only tell you that that authority does not exist today. It's not… it's that… the law is, if you commit a felony in the course of your employment, you do not receive your pension benefits. I'm sorry for your children, I'm sorry for your wife, but it… you don't get that. And we're not changing that and we've… that’s a policy decision this… this Body has already made."
"One other question. When you're incarcerated, can you walk us through the steps that are going through that if, in fact, you do receive a pension, does that get placed into an account that you can automatically access? Does anything change once you're incarcerated?"
"Well, these decisions are made upon sentencing, so I don't think that there's anything about incarceration that would change any of that."
"Does a judge have the ability to…"
"No. The pension board makes these decisions."
"Thank you."
"Representative Sosnowski."
"Thank you, Mr. Speaker. I'd like to yield my time to Representative Harris."
"Representative David Harris." Harris, D.: "Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I know I've already spoken on this Bill, but I think there's confusion here and I'd like to… I'd like to clarify it a bit. To give you an example, and I sit on the General 09800146.docx 38 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 Assembly… a member of the General Assembly Retirement System Board. Let us say that one of our Members commits a felony in pursuit of or while… while pursuing their official duties. That person is convicted of a felony, that person is sentenced. When they are sentenced, the Attorney General says… the board sends the notice to the Attorney General, I don't know the exact way it's done, but the board sends the notice to the Attorney General. The Attorney General says yes, this person convicted… is convicted… or was convicted of a felony and sentenced and it was in pursuit of their official duties and therefore, that person should lose his or her pension benefits. That comes back to the board. The board is supposed to then vote to deny any future payment of pension benefits. Okay? But what if the board says, you know what, that person was a pretty good friend of mine, while that person was in the General Assembly, and I don't really want to deny that person their pension benefits. They deserve… well, I think, they ought to have them. Is that right? I think most of us, all of us, would say no. If the pension board does not take action to stop that payment, what happens? Right now, nothing can be done. There is no standing for the Attorney General to go to court to stop those pension benefits from flowing to that individual who committed a felony while pursuing official duties simply because the pension board said, no, we're not going to stop the payments. That's what this Bill does. It now gives the Attorney General the ability to take civil action to stop those payments. It seems reasonable to me; it seems to be the right thing to do. I urge a 'yes' vote." 09800146.docx 39 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014
"Representative Reboletti."
"Will the Sponsor yield?
"Sponsor will yield."
"Leader, I just heard Leader Currie say that we don't need to do this because we're just going to clarify the legislation that's already in place. I would assume the Attorney General understands the state of the laws. So are we clarifying or are we actually allowing a new cause of action?"
"Well, Representative, I think… we think we're clarifying because we thought what we wrote in the original statute was clear, but the Supreme Court disagreed with us. So, they have asked us… we find it necessary to clarify on the basis of a… a Supreme Court decision."
"It's hard to image that the Supreme Court might disagree with us from time to time."
"I… it's… It blows my mind."
"So, we… it's our belief then that the… this pension board made an error in judgment, or they did not follow the law?"
"I… Representative, I hesitate to get into the minds of the pension boards. To my mind, they did not follow the law. Maybe they… maybe they thought it was judge… was judgmental on their part. I don't… I don’t think that's correct."
"Is one of the ways to… to address that then is to put different members into the board?"
"We don't control that."
"Well, we could probably amend the Bill to allow that we change out a board. I know we've done that here before. 09800146.docx 40 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 Is that something that we're seeking to do, or should we be seeking to do?"
"Well, Representative, I think it's a much cleaner and simpler solution to give the Attorney General the ability to enforce the law."
"And then if the Attorney General would… would… I guess, would file an injunction then, and end up in Chancery Court in Cook County. What would the… Where will the Attorney General go for relief?"
"Yeah. Yes, so it's my understanding in this particular instance it went to the Chancery Court."
"And that it would… it potentially could go back to the Supreme Court for them to opine on the situation."
"Well, Representative, I think that as you said but I'm not sure that we can go back on the Burge case. This is…"
"I understand that."
"…this is prospective."
"Right, I'm saying…"
"Right."
"…going forward."
"Okay."
"So, but then you would start in Circuit Court and then work your way back up the food chain?"
"Correct. Correct."
"Okay. Thank you."
"Representative Nekritz to close."
"Ladies and Gentlemen, I appreciate the debate on this. I think that the… this is fairly straightforward in terms what this Bill is seeking to do. This is a simple check and 09800146.docx 41 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 balance over a pension board that fails to follow the law. And currently, there's no recourse for anyone to… anyone, including the Attorney General or the General Assembly, to say that's not the law, that pension does not belong to that felon. And this is sim… a very simple straightforward mechanism to give the Attorney General the ability to make sure that the laws and the policies that this General Assembly has established are followed and that felons do not receive pensions."
"Then the question is, 'Shall Senate Bill 2909 pass?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Rita. Mr. Clerk, please take the record. On a count of 99 voting 'yes', 14 voting 'no', and 0 voting 'present', Senate Bill 2809, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, on the Order of Postponed Consideration, we have Senate Bill 726. Representative Currie."
"Thank you, Speaker and Members of the House. We talked about this earlier. Two establishments; one at 3164A North Broadway in Chicago, one at 2419 East 75th Street, both have support from the churches nearby, both of these institutions, to sell alcoholic beverages. They have support from the aldermen. The communities are for these commercial enterprises. It's an entrepreneurial spirit. I'd appreciate your 'aye' vote."
"Seeing no debate, the question is, 'Shall Senate Bill 726 pass?' All in favor vote 'aye'; all opposed vote 09800146.docx 42 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take… Mr. Clerk, take the record. On a count of 72 voting 'yes', 41 voting 'no', 0 voting 'present', Senate Bill 726, having received the Constitutional Majority, is hereby declared passed. Representative Bost, for what reason do you seek recognition?"
"Thank you, Mr. Speaker. If the… record would reflect that Representative Wheeler is excused for the rest of the day."
"Thank you, Representative. Representative David Harris, for what reason do you seek recognition?" Harris, D.: "Mr. Speaker, Ladies and Gentlemen of the House, that voice you just heard, was none other than our newest Congressman in Illinois for the… for the United States Congress, Representative Bost. Mr…"
"Congratulations, Representative Bost." Harris, D.: "Now… Now, Mr. Speaker, I… I'm thrilled that one of our Members is going to Congress to straighten out this country. And I'm sure he's going to do a great job. I just have one question that I would like him to ask, or answer for me. And that is, if I disagree with a ruling of the Chair and I rant, and I rave and I throw my papers up in the air, does that get me elected to Congress? I want to know that."
"Representative Bost, you got anything for that?"
"Representative, when you're passionate and you believe in it, yes."
"There you go. Representative Moffitt, for what reason do you seek recognition?"
"Rise to a point of personal privilege." 09800146.docx 43 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014
"Please proceed, Sir."
"Well, adding to that was congratulations and the new Congressman just said when you're passionate I wanted to refer about… talk about a passionate issue. When we left here last spring to adjourn, I was sitting between two bachelors. That situations has changed since we last gathered as a General Assembly. Now whether… I'll tell you whether it was Representative Meier or Representative Demmer that both were bachelors when we left, but now would you please congratulate an old married man of three months, Representative Tom Demmer. Congratulations."
"Congratulations, Representative Demmer. Mr. Clerk, we have House Bill 4899, Representative Brauer. Will you please read the Bill?"
"House Bill 4899, a Bill for an Act concerning State Government. This Bill was read a second time on a previous day. No Committee Amendments. Floor Amendment #1, offered by Representative Brauer, has been approved for consideration."
"Representative Brauer."
"Thank you, Mr.… thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is just a simple Bill. If there's $4.4 million that's coming from the Federal Government to take care of the bike trail that runs in Sangamon County. And so, this just basically transfers it from DNR to Sangamon County. I'll answer any questions."
"Gentleman moves for the adoption of Floor Amendment #1 to House Bill 4899. All in flavor say 'aye'; all 09800146.docx 44 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Mr. Clerk, we have House Bill 4899. Can you please read the Bill?"
"House Bill 4899, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Representative Brauer."
"Thank you, Mr. Chairman. Again, it's just a simple Bill that keeps this trail and gets it paved and lets the people of the community use it. Appreciate an 'aye' vote."
"The question is, 'Shall House Bill 4899 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 who voted wish? Mr. Clerk, please take the record. On a count of 113 voting 'yes', 0 voting 'no', and 0 voting 'present', House Bill 4899, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, we have Senate Bill 2887. Representative Nekritz. Please read the Bill."
"Senate Bill 2887, a Bill for an Act concerning public employee benefits. This Bill was read a second time on a previous day. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Mr. Clerk, please read the Bill."
"Senate Bill 2887, a Bill for an Act concerning public employee benefits. Third Reading of this Senate Bill."
"Representative Nekritz." 09800146.docx 45 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014
"Thank you, Mr. Speaker. In the last General Assembly, we passed some legislation to curb return to work abuses in the State University Retirement System. That set up a penalty system so that if a high paid worker came back… retired and then came back to work at a higher salary, there was some impact to the university so that we could deter that kind of behavior. What has ended up happening is that some of the very lowly paid adjunct professors, primarily at community colleges are being negatively impact by that even though that, you know, they are simply adjunct. They're very part-time and I think, in fact, the very kind of people that we want to encourage teaching at our community colleges are people with life experience and… and an ability to convey something more than academics to our students. So, this legislation exempts those lowest annuitants, those receiving under $10 thousand a year from the return to work provisions of the Bill we passed in the 98th GA. I ask for your support."
"Representative Sandack."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor will yield."
"Representative, can you elaborate a little more on what this would do for the purposes of pensions, the unfunded liabilities that exist in these systems? Does it help/hurt? What does it do with respect to their funding status?"
"It really has almost no impact whatsoever. These are such small annuities that we're talking about that they're annuities of under $10 thousand a year, and it's a very limited pool of folks that… that are receiving that. So, I 09800146.docx 46 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 think that the impact to the pension systems itself would be… would be nominal."
"And how many people are we talking about here? Do we have any idea?"
"I… I'm thinking it's less than 400."
"Okay. And…."
"I don't have any… I don't have any data from the universities or the community colleges themselves on that."
"Have they chimed in on this?"
"I'm sorry. What, Representative?"
"Have those… have the community colleges chimed in on this? Have they given… have they slipped in? Have they given an opinion about the propriety of your legislation?"
"It's… Representative, to your previous question. I understand it's 417 members of the State University Retirement System."
"Good guess."
"And I… this Bill has been out since last spring and came over to the House, and I sponsored it and I never heard a word from any of the universities or community colleges."
"And one more time, maybe I heard it or it could be… the rationale. We're trying to keep… get people back to work. So, this helps lower income jobs or lesser paying jobs come back and incentivize people because they won't be penalized for losing pension credits?"
"The universities will not… the universities and community colleges will not be penalized. They're the ones that actually pay the penalty and right now, what they're saying is there's just a blanket layoff of all the adjunct 09800146.docx 47 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 professors. And these are folks, again, who are, you know, teaching one class and probably have a lot of expertise in that class and it’s the kind of people, I think, we want to keep in the classroom."
"Thank you very much, Representative."
"Thank you, Representative."
"Leader Nekritz to close."
"I ask for your support."
"The question is, 'Shall Senate Bill 2887 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, please take the record. On a count of 102 voting 'yes', 9 voting 'no', 2 voting 'present', Senate Bill 2887, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Senate Bill 2933, Representative Nekritz. Please read the Bill."
"Senate Bill 2933, a Bill for an Act concerning public employee benefits. This Bill was read a second time on a previous day. Amendment 1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Mr. Clerk, please read Senate Bill 2933 for a third time."
"Senate Bill 2933, a Bill for an Act concerning public employee benefits. Third Reading of this Senate Bill."
"Leader Nekritz."
"I'm sorry, Mr. Speaker, I wasn't prepared for the order of Nekritz, right now. Oh. So, this legislation allows… right now, what's happening is that there are members of the C… 09800146.docx 48 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 employees of the CTA who are paying in as… while they're working, they're paying into the… a fund for their health care retiree benefits. If they don't stay a full 20 years, they simply walk away from those benefits and lose everything that they paid into the system. This allows them… this sets up a mechanism by which they can… when they go to the doctor, submit a bill to the CTA health care fund and get that reimbursed until all of the funds that they put into that system are used up. So, this is, I think, a… it's a really important Bill for… for members who don't work a full 20 years with the CTA but have paid in for health care benefits and then see no… just their money goes into pay somebody else's health care not their own. I've… according to the actuaries, it's my understanding that this again has a very nominal, if no ben… if not any impact on the health care fund itself."
"Seeing no debate, the question is, 'Shall Senate Bill 2933 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, please take the record. On a count of 112 voting 'yes', 0 voting 'no', and 0 voting 'present', Senate Bill 2933, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, the status of Senate Bill 3171?"
"Senate Bill 3171 is on the Order of Second Reading."
"Please read that Bill. Oh…"
"Senate Bill 3171, a Bill for Act concerning public aid. This Bill was read a second time on a previous day. Amendment 1 was adopted in committee. Floor Amendment #2, 09800146.docx 49 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 offered by Representative Greg Harris, has been approved for consideration."
"Representative Harris." Harris, G.: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. As I mentioned in committee yesterday, Floor Amendment #2, there was a typo regarding a percentage in the Amendment #1. So, this Floor Amendment #2 corrects that typo. I would appreciate an 'aye' vote."
"Gentleman moves for the adoption of Floor Amendment #2 to Senate Bill 3171. All in favor say 'aye'; all opposed say 'nay'. In opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Senate Bill 3265, Representative Bradley. Mr. Clerk, please read the Bill."
"Senate Bill 3265, a Bill for an Act concerning local government. This Bill was read a second time on a previous day. No Committee Amendments. Floor Amendment #5, offered by Representative Bradley, has been approved for consideration."
"Representative Bradley."
"This Bill is a courtesy to Adams County. There was a drafting area… sorry, drafting error in the 9-1-1 Bill and we need to do this in order for Adams County to get their surcharge. I'd ask for an 'aye' vote."
"Gentleman moves for the adoption of Floor Amendment #5 to Senate Bill 3265. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk." 09800146.docx 50 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014
"No further Amendments. No Motions are filed."
"Third Reading. Ladies and Gentlemen, on page 5 of the Calendar, under the Order of Resolutions, we have House Joint Resolution 107. Representative Chapa LaVia. Mr. Clerk, please take this Resolution out of the record. Mr. Clerk, House Bill 6303. Representative Sims. Please read the Bill. I'm sorry, Mr. Clerk. Under the Order of the Supplemental Calendar #1, we have House Bill 6303, Representative Sims."
"House Bill 6303, a Bill for an Act concerning local government. Second Reading of this House Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. On the Supplemental Calendar #1, under the Order of Senate Bills on Second Reading, we have Senate Bill 1653. Representative Williams. Mr. Clerk, please read the Bill."
"Senate Bill 1653, a Bill for an Act concerning employment. Second Reading of this Senate Bill. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 2799, Representative… Speaker Madigan. Mr. Clerk, please read the Bill."
"Senate Bill 2799, a Bill for an Act concerning State Government. This Bill was read a second time on a previous day. No Committee Amendments. Floor Amendment #2, offered by Representative Gabel, has been approved for consideration."
"Mr. Clerk, please take this Bill out of the record. Senate Bill 3397, Representative DeLuca. Mr. Clerk, please read the Bill." 09800146.docx 51 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014
"Senate Bill 3397, a Bill for an Act concerning revenue. Second Reading of this Senate Bill. Amendment 1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Senate Bill 3509, Representative D’Amico. Mr. Clerk, please read the Bill."
"Senate Bill 3509, a Bill for an Act concerning transportation. Second Reading of this Senate Bill. Amendment 1 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Mr. Clerk, the status of Senate Bill 1653?"
"Senate Bill 1653 is on the Order of Third Reading."
"Please move this Bill back to the Order of Second Reading. Mr. Clerk, under the Order of Resolutions, on the Supplemental Calendar #1, we have House Joint Resolution 109. Speaker Madigan. Mr. Franks."
"Thank you, Mr. Speaker. This Resolution would name the building that has the Illinois State Museum, the building would now be called the 'Alan J. Dixon Building'. The words 'Alan J. Dixon Building' will be added to the existing sign outside of the Illinois State Museum and the fiscal impact is approximately $950. Thanks for asking how much it cost. And this would be in honor of the late United States Senator Alan Dixon. I'd be happy to answer any questions."
"Gentleman moves for the adoption of House Joint Resolution 109. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes;' have it. And the 09800146.docx 52 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 Resolution is adopted. My apologies. This… this Resolution requires a recorded voted. All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On a count of 113 voting 'yes', 0 voting 'no', and 0 voting 'present', House Joint Resolution 109 is adopted. Representative Bellock, for what reason do you seek recognition?"
"Thank you. Will you please show me voting 'yes' on Senate Bill 2809."
Speaker Turner: "The Journal will reflect your request, Representative. Mr. Clerk, on page 2 of the Calendar, under House Bills on Second Reading, we have House Bill 4042. Mr. Clerk, Senate Bill 1740. Please read the Bill. Mr. Clerk, the status of Senate Bill 1740?"
"Senate Bill 1740 is on the Order of Third Reading."
"Please move that Bill back to the Order of Second Reading. Mr. Clerk, Senate Bill 1740. Representative…"
"Senate Bill 1740, a Bill for an Act concerning revenue. This Bill is on the Order of Second Reading, was read a… read a second time on a previous day. Amendment #2 was adopted in committee. Floor Amendment #4, offered by Representative Bradley, has been approved for consideration."
"Representative Bradley."
"I'd move to adopt House Floor Amendment #4 and debate, if necessary, on Third."
"Gentleman moves we adopt Floor Amendment #4 to Senate Bill 1740. All in favor say 'aye'; all opposed say 09800146.docx 53 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Senate Bill 2915, Representative Currie. Mr. Clerk, please read the Bill."
"Senate Bill 2915, a Bill for an Act concerning State Government. This Bill was read a second time on a previous day. No Committee Amendments. Floor Amendment #1, offered by Representative Bradley, has been approved for consideration."
"Representative Bradley."
"I ask for the adoption of House Floor Amendment #1 and again, would ask to debate it on Third."
"Gentleman moves for the adoption of Floor Amendment #1 to Senate Bill 2915. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Mr. Clerk, Agreed Resolutions."
Clerk Hollman: "Agreed Resolutions. House Resolution 1193, offered by Representative Flowers. House Resolution 1194, offered by Representative D’Amico. House Resolution 1195, offered by Representative Dunkin. House Resolution 1196, offered by Representative Thapedi. House Resolution 1197, offered by Representative Brady. House Resolution 1199, offered by Representative Brady. House Resolution 1200, offered by Representative Brady. House Resolution 1201, offered by Representative Bradley. House Resolution 1202, offered by Representative Phelps. House Resolution 1203, 09800146.docx 54 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 offered by Representative Davidsmeyer. House Resolution 1204, offered by Representative Davidsmeyer. House Resolution 1205, offered by Representative Sims. House Resolution 1206, offered by Representative Berrios. House Resolution 1207, offered by Representative Ford. House Resolution 1208, offered by Representative Bradley. House Resolution 1209, offered by Representative Currie. House Resolution 1210, offered by Representative William Davis. House Resolution 1212, offered by Representative Bost. House Resolution 1213, offered by Representative Verschoore. House Resolution 1214, offered by Representative Verschoore. House Resolution 1215, offered by Representative Welch. House Resolution 1216, offered by Representative Gordon-Booth. House Resolution 1217, offered by Representative Gordon-Booth. House Resolution 1218, offered by Representative Gordon-Booth. House Resolution 1219, offered by Representative Gordon- Booth. House Resolution 1220, offered by Representative D'Amico. House Resolution 1221, offered by Representative Evans. House Resolution 1222, offered by Representative Lilly. House Resolution 1223, offered by Representative Dunkin. House Resolution 1224, offered by Representative Gordon-Booth. House Resolution 1225, offered by Representative Costello. House Resolution 1226, offered by Representative Greg Harris. House Resolution 1227, offered by Representative Brown. House Resolution 1228, offered Representative Gordon-Booth. House Resolution 1229, offered by Representative Brady. House Resolution 1230, offered by Representative Phelps. House Resolution 1231, offered by Representative Golar. House Resolution 1232, offered by 09800146.docx 55 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 Representative Crespo. House Resolution 1233, offered by Representative Crespo. House Resolution 1234, offered by Representative Phelps. House Resolution 1235, offered by Representative Walsh. House Resolution 1236, offered by Representative Walsh. House Resolution 1237, offered by Representative Berrios. House Resolution 1239, offered by Representative Bellock. House Resolution 1240, offered by Representative Jackson. House Resolution 1241, offered by Representative Jackson. House Resolution 1242, offered by Representative Bellock. House Resolution 1243, offered by Representative Reis. House Resolution 1244, offered by Representative Hoffman. House Resolution 1245, offered by Representative Hoffman. House Resolution 1246, offered by Representative Phelps. House Resolution 1247, offered by Representative Crespo. House Resolution 1248, offered by Representative Mayfield. House Resolution 1249, offered by Representative Andrade. House Resolution 1250, offered by Representative Crespo. House Resolution 1251, offered by Representative David Harris. House Resolution 1252, offered by Representative Anthony. House Resolution 1253, offered by Representative Anthony. House Resolution 1254, offered by Representative Berrios. House Resolution 1255, offered by Representative Crespo. House Resolution 1257, offered by Representative Costello. House Resolution 1258, offered by Representative Jackson. House Resolution 1259, offered by Representative Jackson. House Resolution 1260, offered by Representative Wheeler. House Resolution 1261, offered by Representative Sandack. House Resolution 1262, offered by Representative Sandack. House Resolution 1263, offered by 09800146.docx 56 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 Representative Costello. House Resolution 1264, offered by Representative Kelly Burke. House Resolution 1265, offered by Representative Gordon-Booth. House Resolution 1266, offered by Representative Cavaletto. House Resolution 1268, offered by Representative Senger. House Resolution 1269, offered by Representative Moylan. House Resolution 1270, offered by Representative Meier. House Resolution 1271, offered by Representative Reis. House Resolution 1272, offered by Representative Dunkin. House Resolution 1274, offered by Representative Gordon-Booth. House Resolution 1275, offered by Representative Tryon. House Resolution 1277, offered by Representative Walsh. House Resolution 1278, offered by Representative Bellock. House Resolution 1279, offered by Representative Daniel Burke. House Resolution 1280, offered by Representative Reis. House Resolution 1281, offered by Representative Lilly. House Resolution 1283, offered by Jesiel. House Resolution 1284, offered by Representative Davidsmeyer. House Resolution 1285, offered by Representative Monique Davis. House Resolution 1286, offered by Representative Durkin. House Resolution 1287, offered by Representative Sims. House Resolution 1288, offered by Representative Crespo. House Resolution 1289, offered by Representative Hoffman. House Resolution 1291, offered by Representative Hatcher. House Resolution 1292, offered by Representative Lilly. House Resolution 1293, offered by Representative Zalewski. House Resolution 1294, offered by Representative Phelps. House Resolution 1295, offered by Representative Chapa LaVia. House Resolution 1296, offered by Representative William Davis. House Resolution 1298, offered 09800146.docx 57 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 by Representative Phelps. House Resolution 1300, offered by Representative Dunkin. House Resolution 1301, offered by Representative Riley. House Resolution 1302, offered by Representative Riley. House Resolution 1303, offered by Representative Anthony. House Resolution 1304, offered by, Representative Bellock. House Resolution 1305, offered by Representative Bellock. House Resolution 1306, offered by Representative Riley. House Resolution 1307, offered by Representative Monique Davis. House Resolution 1308, offered by Representative Hatcher. House Resolution 1309, offered by Representative Tracy. House Resolution 1310, offered by Representative Pritchard. House Resolution 1311, offered by Representative Demmer. House Resolution 1312 offered by Representative Hays. House Resolution 1313, offered by Representative Costello. House Resolution 1314, offered by Representative Phelps. House Resolution 1315, offered by Representative D'Amico. House Resolution 1316, offered by Representative Bellock. House Resolution 1318, offered by Representative Chapa LaVia. House Resolution 1319, offered by Representative Jesiel. House Resolution 1320, offered by Representative Jesiel. House Resolution 1321, offered by Representative Yingling. House Resolution 1322, offered by Representative Phelps. House Resolution 1323, offered by Representative Sandack. House Resolution 1324, offered by Representative Brady. House Resolution 1325, offered by Representative Brady. House Resolution 1326, offered by Representative Ives. House Resolution 1333, offered by Representative Pihos. House Resolution 1334, offered by Representative Pihos. House Resolution 1338, offered by 09800146.docx 58 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 Representative Gordon-Booth. And House Resolution 1339, offered by Representative Gordon-Booth."
"Leader Currie moves that the House adopt the Agreed Resolutions. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Resolutions are adopted. Mr. Clerk, committee announcements."
"The following committees will be meeting this afternoon at 2:00. Meeting at 2:00 this afternoon: Elementary & Secondary Education in C-1; Insurance in Room 114; Revenue & Finance in Room 122; Judiciary in Room 118; and Transportation: Regulation, Roads, & Bridges in Room 413."
"Members, we have a Death Resolution. You are asked to be at your seats. Mr. Clerk, House Resolution 1046, offered by Representative Brady."
"House Resolution 1046 offered by Representative Brady. 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 Julie A. Brady, and extend our sincere condolences to her family, friends, and all who knew and loved her; and be it further RESOLVED, That a suitable copy of this resolution be presented to the family of Julie Brady as an expression of our deepest sympathy."
"Leader Durkin."
"Thank you, Mr. Speaker. This is a… you know, a sad moment for us and for those of us who knew Julie Brady. But it's, I think appropriate for us at times to honor those in life, we 09800146.docx 59 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 did that this afternoon with the Loyola Volleyball team, but we also, I think it's important to recognize those who have left us and those who have made a mark. Those who are so special that we do recognize and honor them for what they have achieved and what they have given to this state. On April 4, 2014, Julie Brady passed after a long, valiant, but difficult struggle with cancer. It was a very sad day for many of us. But you know, we know that our… we lost a friend but we also… when I was at the ceremony and the cemetery afterwards, I realized that we… it was more than that, we just, we lost one… an amazing human being. A person who has… if you had the opportunity to know her, you'd know that she is not only, she was a beautiful girl, beautiful girl and we lost… and she was robbed of her life at an early age. But when you found out and talked to her just for a few seconds you knew there was something that’s more beautiful that… than her, it was her spirit, it was her soul. It's something that I continually just think about when, you know, you think about Julie Brady, about how wonderful a person she is. The reason why we're talking about Julie, is Julie is married to a very dear friend of ours, Pat Brady. Pat Brady is a one of my closest and best friends. We've known each other for some 20 years when we were both young prosecutors in the Cook County State Attorney's Office. But Pat was our State Chairman and Julie was a person that worked with our side of the aisle and if you got to know her, she would help you too. She would help anyone in a time of need, but she was an amazing person who accomplished so much in her life. If you look through her bio, you'll see just… just amazing accolades about her. She 09800146.docx 60 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 worked in the Department of Justice. She was involved with the John Gotti prosecution at a young age. She graduated from St. Norbert College with honors and she graduated from the University of Wisconsin Law School with Magna Cum Laude, which I think is very impressive at that school. It's a 3.65 or better and Magna Cum Laude means that you… signifies an academic degree, received with great honor. And I can speak for Pat Brady and myself, that neither one of us would have the name… the term Magna Cum Laude attached to us for what we did in law school, and I think that both of us if we collectively would not be able to achieve her GPA as well. Pat knows I'm joking around and we can laugh at that. But… it's important that we recognize the things that she did. She was a Deputy Campaign Chairman for John McCain in 2008. And she did a great job and I can say that if Julie was not helpful, I doubt we would've had John McCain on the ballot at that time. But I just wanted to also say that, and you'll see in the Resolution, what is really important and is so meaningful is that Julie Brady's most value… most valued role was that of a dedicated wife and mother to her children. And if you had the opportunity to know Julie, she had a life of accomplishments, professionally as are articulated and memorialized in this Resolution. But her relationship with her husband and her children was second to none and she should be honored for that. And Pat, I just want to say that, I want to thank you for sharing Julie with us for these many years, and I will say that I am a better person for it and so are… everyone who knew Julie will say that as well. And she is missed. Mr. Speaker, I will ask that all Members of 09800146.docx 61 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 General Assembly be added as cosponsors to this Resolution. And I know a few of the Members who, people who knew Julie, would like to make a few comments too. Thank you."
"Representative Brady."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, Julie was married to my first cousin Pat, as Leader Durkin has talked about. Pat is back in the gallery here behind me to… to my right. Who couldn't be here today was the pride and joy of Julie's life, that was daughter Maeve, Kelly, Patrick, her son, and Grace her daughter. As any family who goes through death, especially one that takes the life of someone so vibrant, someone young, someone beautiful, it is very difficult. None of us like to do this, and we struggle at times and this has been one of those times that all of our families go through unfortunately, a loved one is taken way too… way too early in life. But Julie was one that loved life, loved to have fun, and she got that political bug. In fact, even though she liked the behind the scenes, to work on campaigns, believed in individuals that ran for an office, she liked to be the one behind the scenes. Many thought she would have been great out front, as a candidate for an office, but she liked to help those she believed in, she liked to stay out of the spotlight. And she'll be remembered for so many, so many things that she did. Her love of law, which she did throughout her life; her career, mother, wife. But I think more so than anything she would be remembered for the dedication of that wife, dedication of the mother of her children and she knew as she struggled with death, that life goes on. And Julie would be the first to say, let's keep it 09800146.docx 62 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 upbeat, remember what's been good about life and take care of my family. And that's what we all intend to do. Thank you very much, Mr. Speaker. May she and all the souls of the faithfully parted to the mercy of God, rest in peace."
"The Body will take a moment of silence. Thank you. Leader Durkin has requested that all Members be added to the Resolution and seeing no objection, all Members will be added to House Resolution 1046. Leader Durkin moves that we adopt House Resolution 1046. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. And the Resolution is adopted. And now, allowing perfunctory time for the Clerk, the House will adjourn Session to Thursday, November 20 at 9 a.m. Leader Currie moves that the House adjourn Session to Thursday, November 20th at 9 a.m. All in favor say 'aye'; all opposed say 'nay'. In the opinion of the Chair, the 'ayes' have it. The House is adjourned."
"House Perfunctory Session will come to order. Committee Reports. Representative Barbara… Representative Chapa LaVia, Chairperson from the Committee on Elementary & Secondary Education reports the following committee action taken on November 19, 2014: do pass as amended Short Debate is Senate Bill 2711. Representative Monique Davis, Chairperson from the Committee on Insurance reports the following committee action taken on November 19, 2014: do pass as amended Short Debate Senate Bill 2979. Representative John Bradley, Chairperson from the Committee on Revenue & Finance reports the following committee action taken on November 19, 2014: do pass Short Debate is House Bill 6291, 09800146.docx 63 STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 146th Legislative Day 11/19/2014 House Bill 6304, and Senate Bill 2905. Representative Beiser, Chairperson from the Committee on Transportation: Regulation, Roads & Bridges reports the following committee action taken on November 19, 2014: recommends be adopted is House Joint Resolution 111, Floor Amendment #3 to Senate Bill 1842 and Senate Joint Resolution 76. Second Reading of House Bills. House Bill 6291, offered by Representative Fortner, a Bill for an Act concerning local government. House Bill 6304, offered by Representative Hammond, a Bill for Act concerning local government. Second Reading of these House Bills. Second Reading of Senate Bills. Senate Bill 2711, offered by Representative Chapa LaVia, a Bill for an Act concerning finance. Senate Bill 2905, offered by Representative Kifowit, a Bill for an Act concerning revenue. Senate Bill 2979, offered by Representative Mautino, a Bill for an Act concerning regulation. Second Reading of these Senate Bills. Introduction and First Reading of Senate Bills. Senate Bill 172, offered by Speaker Madigan, a Bill for an Act concerning elections. First Reading of this Senate Bill. House Perfunctory Session will come to order. Committee Reports. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules reports the following committee action taken on November 19, 2014: recommends be adopted, referred to the floor is Floor Amendment #1 to House Joint Resolution 107. There being no further business, the House Perfunctory Session will stand adjourned." 09800146.docx 64