Illinois House Floor Debate — November 20, 2014

"The House will be in order. Members will be in their chairs. We shall be led in prayer today by Wayne Padget, the Assistant Doorkeeper. Members and guests are asked to refrain from starting their laptops, turn off all cell phones, and rise for the invocation and Pledge of Allegiance. Mr. Padget."

"We will be led in the Pledge by Representative Wallace."

Speaker Lang: "Nicely done, Representative. Roll Call for Attendance. Mr. Bost."

"Leader Currie."

"Thank you, Speaker. Please let the record show that Representative Beiser is excused today." 09800147.docx 1  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day 11/20/2014

"Thank you. Mr. Clerk, please take the record. There are 112 Members present, and the House has a quorum. The Chair recognizes Mr. Welch."

"Thank you, Mr. Speaker. A point of personal privilege."

"Please proceed, Sir."

"I'd just like to welcome to the House of Representatives, from the great 7th District, the Village of La Grange Park, my honorary Pages for today, Jackson and Josie Reid (sic- Chadesh). Please give them a round of applause, please."

"Good morning. Welcome to the House chamber. Mr. Harms."

"Proceed, Sir."

"Welcome. Happy Birthday. Representative Bellock."

"Representative, we… we'll get back to you. Sorry. Mr. Moffitt."

"Proceed, Sir."

"Good morning, thank you. I thought that gentleman next to you was your Page. I wasn’t sure. Representative Pihos."

"Please proceed."

"Welcome to both of you. Mr. Clerk, please put the following Resolutions on the board: House Resolution 1211, 1328, 1329, 1330, 1331, and 1332. The Chair recognizes Representative… Mr. Clerk, are you… The Chair recognizes Representative Bellock on these Resolutions."

"Mr. Davidsmeyer. Representative Bellock moves for the adoption of the Resolutions. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And all six Resolutions are adopted. Congratulations to Hinsdale. On the Order of Second Reading… On page 2 on the Calendar, there appears House Bill 6304. Mr. Clerk, please read the Bill."

"Third Reading. Please read the Bill."

"Representative Hammond. Out of the record. Chair recognizes Representative Hammond."

"Mr. Clerk, please put House Bill 6304 back on the Order of Second Reading. Do you have an Amendment for us today, Representative?" 09800147.docx 4  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day 11/20/2014

"The Bill will be held on the Order of Second Reading."

"House Bill 4042, Representative McAsey. Mr. Clerk, please read the Bill."

"Do you want this on Third? Out of the record, Mr. Clerk. House Bill 3976, Mr. Phelps. Please read the Bill."

"Mr. Phelps."

"I'd like to take that out of the record. I was looking for 3975, Mr. Speaker."

"Please take 3976… please take 3976 out of the record, Mr. Clerk. The Chair recognizes Mr. DeLuca."

"Thank you, Mr. Speaker. Point of personal privilege."

"Proceed, Sir."

"I see that Senator Connelly is on the floor here. And you had mentioned that his daughter was on the state championship golf team. Just wanted to mention, I have golfed with Senator Connelly, and she certainly did not learn how to golf from him."

"Mr. Clerk, House Bill 3975. Please read the Bill." 09800147.docx 5  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day 11/20/2014

"Mr. Phelps."

"Thank you, Mr. Speaker. I would like to take Floor Amendment #1 and 2 and adopt them and move it to Third so we can have a debate, please."

"Is there any objection? Seeing no objection on Amendment 1, those in favor say 'yes'; opposed 'no'. The 'ayes' have it. The Amendment is adopted. On Amendment 2, please put that on the board, Mr. Clerk."

"Those in favor of the Amendment shall say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment's adopted. Mr. Clerk."

"Third Reading. Please read the Bill."

"Mr. Phelps on the Bill."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 3975, as amended, makes a very small but very important adjustment to a good law that we all passed together on the smart grid. It encourages our major utilities to invest in our electric infrastructure of our State of Illinois. The program is working great, and I'm going to be 09800147.docx 6  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day 11/20/2014 brief, because it makes one minor change. It takes the sunset from 2017 and moves it to 2019. That's it. All the reviews… the regulatory Bills are still in there. We're just moving the sunset. I ask for an 'aye' vote."

"Mr. Phelps moves for the passage of the Bill. There being no debate, those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please record yourselves, Members. Currie, Davis, Wallace. Mr. Davis. Please take the record. On this question, there are 87 voting 'yes', 24 voting 'no', 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Hays, for what reason do you rise, Sir?"

"Proceed."

"Welcome to Springfield. We're happy you're here. House Bill 3603, Mr. Clerk, on the Order of Third Reading. Mr. Sims. Please read the Bill."

"Mr. Sims."

"Thank you, Mr. Speaker, and Ladies and Gentlemen of the House. House Bill 6303 amends the Tax Inc… Increment Financing Allocation Act by extending the tax for the West Lansing 09800147.docx 7  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day 11/20/2014 District. I know of no opposition. And ask for your favorable consideration."

"Gentleman moves for the passage of the Bill. There being no debate, please be reminded, Members, this Bill requires 71 votes. Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? It's Friday, Members, record yourselves. You're right. It's Thursday, record yourselves. Whatever day it is, record yourselves. Please take the record, Mr. Clerk. On this question, there are 105 voting 'yes', 7 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, House Bill 6291. It's on the Order of Second Reading. It's Mr. Fortner's Bill. Please read the Bill."

"Third Reading. Please read the Bill for a third time."

"Mr. Fortner."

"Gentleman moves for the passage of the Bill. There being no debate, and please be reminded, Members, this Bill 09800147.docx 8  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day 11/20/2014 will require 71 votes. Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Tryon. Please take the record. On this question, there are 106 voting 'yes', 6 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 649. Mr. Clerk, please read the Bill."

"Mr. Zalewski on Amendment 4. Out of the record, Mr. Clerk. Senate Bill 1740, on the Order of Third Reading, Mr. Turner. Please read the Bill."

"Out of the record, Mr. Clerk. Senate Bill 1842, Representative Jakobsson. Mr. Clerk, please read the Bill. My understanding is there are Amendments, Representative. Do you wish to move this back to the Order of Second Reading?"

"Yes."

"Mr. Clerk, please put this Bill in the Order of Second Reading and read the Bill."

"Representative, are you handling this for Mr. Beiser?"

"Thank you, Mr. Speaker. The Amendment, it adds a… a new part to this Bill. Already in the Code there's a… very clear instructions for when a municipality county district dissolution of a mass transit district takes place. But there isn’t anything in the law that talks about the dissolution process for a participating area district. And so, with this Amendment, it would make it clear what the rules are for that. And it would be codified in the statute."

"Representative Jakobsson."

"This was Amendment 3 that I was referring to. And just table Amendment 2."

"So are you withdrawing Amendment 2?"

"I want to table… yes. Table Amendment 2."

Speaker Lang: "Mr. Clerk, please withdraw Amendment #2. Representative Jakobsson has explained Amendment #3. Is that correct? On the Amendment, Mr. Davidsmeyer."

"What language? Yes, it's a gut and replace."

"Representative Chapa LaVia."

"Will… will the speaker yield?"

"Sponsor yields."

"Representative, can you explain what it does?"

"Yes. As I said, currently the statutes makes very clear when the Board of Trustees of a District determines 09800147.docx 10  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day 11/20/2014 there's no longer public need for those transportation services, how to dissolve that. But there isn’t anything in the statutes dissolving… for a dissolution process for a participating area, and that's what it's called, participating area district. And a participating area is one that's created by a municipality or a county. And so this would add to the statutes very clear instructions."

"Okay. Thank you very much."

"Representative Jakobsson, to close."

"I ask for an 'aye' vote."

"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. Please read the Bill."

"Representative Jakobsson."

"I ask for an 'aye' vote."

"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Acevedo, Williams. Please take the record, Mr. Clerk. On this question, there are 112 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 2905, Representative Kifowit. Please read the Bill."

"Third Reading. Please read the Bill."

"Representative Kifowit."

"This is a Bill that… changes a loophole in our law. In effect, if it's a disabled veteran that's 100 percent disabled and a charitable organization builds a house for them, the disabled veteran could not claim the property tax exemption that they're allowed. And this fixes that."

"You heard the Lady's ex… explanation. Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please take the record. On this question, there are 112 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 2915, Mr. Bradley. Please read the Bill."

"Mr. Bradley."

"This is an initiative of the Attorney General's Office that would allow for the corroboration between the Attorney General's Office and the Department of Revenue with information necessary to prosecute collections on the… the tobacco settlement. I would ask for an 'aye' vote."

"You heard the Gentleman's explanation. Those in favor of the… Mr. Sandack." 09800147.docx 12  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day 11/20/2014

"Sponsor yields."

"Can we ask the Members to lower the conversation level? We have a few Bills left. Let's finish them. Mr. Bradley."

"Can you ask Representative Franks to quit heckling me?"

"I will not do that, Sir."

"It… it's necessary in order to prosecute some of the collections under the tobacco settlement for the Attorney General's Office to confer with the Department of Revenue. There was previously a court order that had to be put in place because this wasn't clear. This would clarify… codify the court order."

"Does that… does that complete your questioning, Sir? Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Mautino. Mr. Mautino. Please… please take the record. On this question, there are 112 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 2979, Mr. Mautino. Please read the Bill."

"Third Reading. Please read the Bill."

"Mr. Mautino."

"Thank you. This legislation is similar to House Bill 2355. It passed this chamber and the other chamber unanimously. What it does is uses the National Conference of Insurance Legislators model and it exempts travel agents from limited lines licenses. We needed to do a technical fix on the Bill that went to the Governor. And that's this language. It is agreed to by all parties. It has passed unanimously. I'd appreciate an 'aye' vote."

"Gentleman moves for the passage of the Bill. Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Acevedo, D'Amico, Hernandez. Please take the record, Mr. Clerk. On this question, there are 111 voting 'yes', 1 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3171, Mr. Harris. Please read the Bill."

"Mr. Harris." Harris, G.: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This is a piece of legislation that was brought to me by a family from Carol Stream. It regards the unintended consequence of an Act we took several years ago. In… in the 09800147.docx 14  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day 11/20/2014 SMART Act reform, it has had the unintended consequences of essentially imp… you know, forcing children with traumatic brain injuries to not be able to leave the facilities in which they are being treated, and which they reside, and having home visits with their families. This is the bed hold issue. So it would allow persons with diagnoses that are traumatic brain injury, and there is a technical definition within the Bill, to have the ability to visit their families at home without the risk of losing their placement in their treatment facility or putting an undue cost on their families. And it… it… it's a wonderful gift we can give some families for the holidays this year. And I would appreciate your support."

"Representative Bellock on the Bill."

"Gentleman yields."

"Representative Flowers."

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

"Gentleman yields."

"Representative, I, too, want to thank you for carrying this piece of legislation. But more importantly, do you think we should repeal the SMART Act? Because there has been quite a few unintended consequences as a result of what we've done. And a lot of people are still hurting because…" Harris, G.: "I… I think that there are some pieces of it, Representative, that we have found worked as we intended, others that have unintended consequences. And I think we've taken action to roll those portions back. And if others come to our attention, we should act on them as well."

"Well, I think what we should do and… again, because of the unintended consequences, because you cannot save money at the risk of denying people the services that's medically needed. And that's basically what the SMART Act has been doing. And that's the reason why we had to put back the dental, put back in the eyes because you're adding… So piece, by piece, by piece. So, maybe what we should do is go back 09800147.docx 16  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day 11/20/2014 and review it along with the economy to see what it deals… what it is that should be and can be repealed because, once again, we cannot save money off the backs of sick and poor people. And again, I rise in support of Senate Bill 3171. Thank you."

"Mr. Harris, to close." Harris, G.: "Thank you, Ladies and Gentlemen. On behalf of Jeff Carr and his son Adam, and all the other families like them throughout the state, I'd appreciate an 'aye' vote."

"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Please take the record, Mr. Clerk. On this question, there are 112 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3265, Mr. Bradley. Please read the Bill."

"Mr. Bradley."

"Thank you, Mr. Speaker. This is a cleanup Bill for the 9-1-1 rewrite, and the process that we've begun. It effects Adams County and allows them to receive their part of the distribution. So, I'd ask for an 'aye' vote."

"Mr. Bradley has moved for the passage of the Bill. There being no debate, those in favor of the Bill will vote 'yes', opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Ives, Nekritz. Nekritz. Please take the record. On this question, there are 111 voting 'yes', 1 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby 09800147.docx 17  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day 11/20/2014 declared passed. Senate Bill 3397, Mr. DeLuca. Please read the Bill."

"Mr. DeLuca."

"Thank you, Mr. Speaker, Ladies and Gentlemen. Senate Bill 3397 deals with the private label credit cards and would clarify existing law allowing a retailer that offers a store credit card, known as a private label credit card, to consumers that is administered by a third party to obtain a credit or refund for the sales tax submitted to the state after a consumer defaults on payment. Under current law, when a sales transaction is completed using a private label credit card that is administered by a retailer and the customer subsequently defaults on the payment, the retailer is allowed a refund on the sales tax it paid to the state on the purchase. When a customer does not pay for merchandise received, the retailer gets back the sales tax that has been sent to the state because no sale is deemed to have occurred. I would ask for a 'yes' vote. Thank you."

"Gentleman moves for the passage of the Bill. There being no debate, those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please take the record. There are 112 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 3509, Mr. D'Amico. Please read the Bill."

"Mr. D'Amico."

"Gentleman moves for the passage of the Bill. Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Evans, Hernandez, Kosel. Representative Kosel. Please take the record. On this question, there are 111 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Returning to Senate Bill 649. Mr. Clerk, please read the Bill."

"Mr. Zalewski."

"Mr. Speaker. I would… I wish to withdraw Floor Amendment #4."

"Amendment 4 is withdrawn. Mr. Clerk."

"Mr. Zalewski."

"Mr. Speaker, I wish to adopt Floor Amendment #5. It deals with a small issue relating to boards and commissions that is technical in nature." 09800147.docx 19  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day 11/20/2014

"Those in favor of the Amendment will say 'yes'; opposed 'no'. The 'ayes' have it. The Amendment is adopted. Mr. Clerk."

"Third Reading. Please read the Bill."

"Mr. Zalewski."

"Thank you, Mr. Speaker. Senate Bill 6… 649 is an extension of the Medical Practice Act along with some changes to the Act, that are, I would consider, moderately technical in nature that both the department and IMS have agreed to. I'd ask for an 'aye' vote."

"The Chair recognizes Mr. Reis."

"State your inquiry."

"Mr. Clerk."

"Sponsor yields, Sir."

"Yes."

"No."

"Those in favor of the Bill will vote 'yes'… Chair recognizes Mr. Franks. In the nick of time, Sir."

"Thank you. Will the Sponsor yield?"

"Sponsor yields."

"I'm not sure exactly what the Bill does. Because as I'm reading the analysis, and it's voluminous, I understand that House Floor Amendment becomes the Bill. Is that simply extending the sunset for the Illinois Medical Practice Act?"

"Along with some moderate changes, Jack, dealing with endorsements, licensure issues. There's a change of the board… one of the boards in the Act."

"Now, I saw on the original analysis there was a multitude of opponents. Was that on the underlying Bill? Was that on any of the Amendments? Are there any opponents to Amendment #5 or Amendment #4?"

"No. No. Amendment 5 becomes the Bill. There are no opponents to that Bill… that Amendment."

"Now, Amendment #5. Does that amend House Floor Amendment #4? With the analysis that we have here concerning House Floor Amendment #4 be indicative of what's in 5, except for technical changes?"

"Yes, with the exception of the issue dealing with the board. There's a… there's a change that we didn’t like, frankly, in the terms of tenure of one of the boards. So we made that technical change and went right to the floor with the #5."

"And what is that change with the board?"

"It deals with the service tenure. We… we would have had a situation where people wouldn’t have been able to serve 09800147.docx 21  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day 11/20/2014 on the board because of the way the statute reads regarding 10 successive years. We didn’t like that. We… we withdrew that language."

"And why didn’t you like it? I'm just… I'm trying to understand the issue here."

"I think I… we were told that that would be a technical change. That policy… putting that policy in would be a technical change. And we didn’t like that idea, so we wanted to review the matter further."

"Okay."

"So by withdrawing that issue, we are able to more study who should be on these boards and what their tenure should be."

"And which boards do this… does this deal with?"

"These are… these are internal boards in the department that monitor disciplinary issues with respect to doctors and medical professionals."

"I didn’t realize that the DFPR had individual boards."

"Oh, yeah."

"Are you saying like there might be something for medical field, maybe something for the legal field?"

"I… I think these are peer review boards."

"Peer review boards?"

"Yes."

"Okay. So you're making nonsubstantive technical changes to give them more flexibility on these boards?"

"I am. To say that was the proposal, but we didn't necessarily agree that this should be part of this Bill in the Veto Session, so we took that part out." 09800147.docx 22  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day 11/20/2014

"I see. So it's more technical in nature at this point?"

"Yes." Franks: "I thank you for explaining that."

"Yeah."

"Mr. Zalewski, to close."

"I ask for an 'aye' vote."

"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Jones, Wallace. Mr. Jones. Please take the record. On this question, there are 112 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes Mr. Harms."

"Proceed, Sir."

"Welcome, Sir. Senate Bill 1740, Mr. Bradley. Mr. Bradley. Out of the record, Mr. Clerk. I spoke too soon. Mr. Clerk, Senate Bill 1740. Please read the Bill."

"Mr. Bradley."

"This is a cleanup Bill regarding erroneous exemptions. The main change is that it would clarify the notice of intent to put a lien. And it would also allow the Cook County Assessor's Office to recoup administrative costs from the 09800147.docx 23  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day 11/20/2014 beneficiaries of the correction of the error. I would ask for an 'aye' vote."

"Gentleman moves for the passage of the Bill. Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Flowers. Please take the record. On this question, there are 112 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, Senate Joint Resolution 76, Mr. Davidsmeyer. Out of the record. Mr. Clerk, HJR111, Mr. Costello. Mr. Costello, please proceed."

"Thank you, Mr. Speaker, Members of the Body. House Joint Resolution 111 designates the portion of Interstate 255 within the Cahokia city limits as the 'Monroe Flynn Memorial Highway'. Many of you may be familiar with ex-Representative Flynn. He served from 1971 until 1995, 24 years in this Body. He was the chairman of the Financial Institutions Committee, cochair of Counties & Townships and Legislative Information Systems. He was a charter member of JCAR, and as a matter of fact, the weekly JCAR publication was for a time called the Flynn Report. I thank you. And I ask for your 'aye' vote."

"Mr. Moffitt"

"Those in favor of the Resolution… Excuse me. Those in favor will vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Evans, Flowers, Mautino. Mr. Mautino. Please take the record. On this question, there are 112 voting 'yes', 0 voting 'no'. And the Resolution is adopted. Senate Bill 2711, Representative Chapa LaVia. Mr. Clerk, please read the Bill."

"Third Reading. Please read the Bill."

"Representative Chapa LaVia."

"Thank you, Speaker. You're looking mighty fine today, just saying. Members of the General Assembly in the House, my august Body, we're going over the waivers again. And once again, if you vote for this Bill, you're in favor of the modifications to the waivers in which we passed in our committee unanimously."

Speaker Lang: "Excuse me, Representative. I think you're describing…"

"Oh, I'm sorry."

"…the wrong piece of legislation."

"I'm sorry. Which one is this one?"

"This would be Senate Bill 2711." 09800147.docx 25  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day 11/20/2014

"Oh, the professional development. Okay."

"Start over."

"So, I'm sorry. I apologize. So… yeah… exactly. That's what it does. There's two things that we've changed what House Floor Amendment does that becomes the Bill. It changes the fact that… that if you're… you can use out-of- state teaching experience to qualify as an… experience for principal endorsements. Next year, what you'll find is we're going to be expanding this because of the teacher endorsements, also. But this just clears up that language that we… we can use the experience of your out-of-state teaching as teaching experience for principal endorsements here in the state. And then also, the second part of the Amendment, which becomes the Bill itself, is the language also designates the IRC, which is the Illinois Resource Center, as the entity approved to provide professional development services for English… English language learners. And presently, in the State of Illinois, that is the only location that does this service. And we wanted to codify that in there. I'll take any questions. Thank you."

"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please take the record, Mr. Clerk. On this question, there are 111 voting 'yes', 1 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, House Joint Resolution 107, Representative Chapa LaVia. Representative, you're on." 09800147.docx 26  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day 11/20/2014

"Thank you, Speaker, and Members of the General Assembly in the House."

"Representative, I understand this has an Amendment. Is that correct?"

"House Floor Amendment #1, Sir."

"Please proceed."

"It deals with school… Oswego District 308. And what we've done here, on the guidance from our… our… our chamber across the way, is instead of waivering a five-year term we've put it to a two-year limit. So this is what the Amendment does for that. Which would change language in the next Bill that we're going to be hearing. Now, the reason why we changed it from five, which the school district wanted, to two, in my eyes, is that we'd like to gather as much information on their… the teaching through the Internet for classes. And this is also supported by the school… school board there, and the unions there. So, it's a great collaboration. We want to see it as it grows, and we want to make sure that they come back so we can see their data."

"Those in favor of the Amendment will say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Are there any further Amendments, Mr. Clerk?"

"Representative, to close on the Resolution."

"I just ask for its approval. Thank you."

"Those in favor of the Resolution will vote 'yes'; opposed 'no'. The 'ayes' have it. And the Resolution is adopted. Mr. Clerk, the Chair was in error. Please put House Joint Resolution 107 back on the board. This requires a Roll 09800147.docx 27  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day 11/20/2014 Call vote. Those in favor of the Resolution will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please take the record. On this question, there are 109 voting 'yes', 0 voting 'no'. And the Resolution is adopted. On page 5 of the Calendar, under the Order of Amendatory Veto Motions, there appears House Bill 4606. Mr. Hoffman."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. This passed overwhelmingly through the House and unanimously through the Senate. What it does is it expands to the rest of the state what has been in place for about 12 years in Cook County, Lake County, McHenry County, Kane, DuPage, and Will County. And it ensures that if you adhere to statutory operation location requirement for facilities that recycle construction waste… waste will not have to have local siting approval. The Governor amendatorily vetoed it, and required a notice requirement for counties before they could put this in place. That is not the case in Cook, Lake, McHenry, Kane, DuPage, or Will. And we would just like the entire state to be uniform. This will keep about 75 percent of construction waste out of landfills. It's environmentally friend… friendly. And that's why I think it overwhelmingly passed. I ask for a 'yes' on… on overriding the Amendatory Veto."

Speaker Lang: "Gentleman moves to override the Governor's Amendatory Veto on House Bill 4606. This requires 71 votes. The Chair recognizes Mr. DeLuca."

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

"Sponsor yields." 09800147.docx 28  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day 11/20/2014

"So there's no other debate on this Bill, Mr. Speaker? Representative Hoffman, I know that we've had some conversation about this. I've expressed some of the concern that I have regarding this. And we know that there is a loophole that exists, that I brought to your attention regarding this that the proponents of the legislation have acknowledged. I have provided some simple language that would correct the problem that the proponents have also acknowledged. Are you not willing to hold off on this, based on those conversations?"

"Well, I… I’m not seeing any language specifically, but I believe that the concerns that you have regarding zoning we could take care of next Legislative Session. This basically… why the Governor did what he did, I'm not sure. I just want to make it consistent throughout the state. One consistent policy throughout the state that would allow for the recycling of these construction materials and keep them out of the landfills whenever possible."

"And you know, my comments are no criticisms of these facilities. These… these facilities are a good thing. We're talking about taking material that would otherwise go into a landfill and we're recycling it. That's… that's good. The problem here, that I would hope that the Members would recognize here, is that we are eliminating the setback. We are eliminating the setback that exists in areas where there's no zoning. So, in a sense, one of these facilities, if this Bill is passed at is… as it is currently written, they could be located immediately adjacent to a residential neighborhood. It could be next to a school or a church. And 09800147.docx 29  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day 11/20/2014 that’s the loophole that I'm referring to that the proponents recognize. They… they understand that it's there. And they're willing to address it later on. I think that's a little risky, especially if one of these facilities are located next to a residential neighborhood in your district. Representative Hoffman, are you aware of the… the different percentages of material that these facilities… what… what they're allowed to accept in terms of C&D and non-C&D?"

"But… if you want to debate the underlying Bill, I guess we could. But we're… this is to override a Veto, a Veto that makes no sense. And the Bill passed unanimously. Or not unanimously, overwhelmingly, 91 votes. And 55 votes in the Senate. Now, your issue with regard to zoning, I think, Representative, is not well-founded. Because it specifically says that these facilities will still be subject to local zoning ordinances land use requirements. If there is no local zoning… if there is local zoning, the 1320 feet still applies, if there is local zoning. If there is no local zoning, then there… then the issue is moot because there is no local zoning. So, there's nothing that designates residentially zoned property. So, I'm failing to understand your point."

"The point is, as… as many of you know in this room, I've been involved in the waste business my entire life. And although my family has never operated a C&D facility, I have been working with these facilities my whole life. And there's good operators and there's operators that cut corners. And what this will allow is, and this is the key point that I would ask everybody to pay attention to, is that 25 percent, 25 percent by law of the material that goes into these 09800147.docx 30  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day 11/20/2014 facilities does not have to be construction and demolition material. Are you aware of that, Representative Hoffman?"

"It's my understanding that 75 percent has to be recyclable."

"Exactly. That is correct. Which means that 25 percent of the material that goes into these facilities does not have to be construction and demolition material. So, my point is, when we're talking about eliminating the setback, this is where the concern comes in. One of these facilities…"

"Again, we are not eliminating the setback. We are not eliminating the setback."

"In a sense, we are."

"No, we're not."

"In a sense, we are…"

"No, we're not."

"…because we're removing local siting."

"It's… it's interesting that you care about counties that may… may not have zoning in place. Ninety-nine percent of the counties have zoning in place. If the zoning is in place, then you have to abide by the zoning laws. It's that simple. It's been going on for 12 years in your county, in Cook, Lake, McHenry, Kane, DuPage, and Will. And it's been wildly successful. Why don't you want to allow us to have it in downstate Illinois? Why don’t you want to allow us to ensure that we're keeping this material out of the landfills? Your point is not well-taken."

"No, I'm not trying to prevent these facilities, as I stated, I support these facilities and they serve an excellent purpose. I just don’t want any Representative to vote for 09800147.docx 31  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day 11/20/2014 this and then be caught in a situation where they find out that one of these facilities are being located right next to a residential neighborhood because the setback…"

"They can't."

"…could be bypassed. Just let me finish…"

"They can't because they must abide by the local zoning laws."

"Just let me finish my last comment. You're right, if there's no zoning. Exactly. If there's zoning, there's protected. These are the areas where zoning might not exist. And 25 percent of the material can be nonconstruction and demolition material and can sit on the property for 72 hours before it has to be removed. So, in a sense, one of these facilities can be located next to a residential neighborhood, have 25 percent of the material that's brought in be nonconstruction and demolition, can sit on the property for 72 hours before it has to be removed. That's if it's being monitored. That's why I don’t think we should rush into this without that other language that we discussed being included in it. That's why I'm asking the Body today to either vote 'no' or vote 'present'. Let's come back in just a couple months with the language in there that addresses this concern, that addresses the loophole and have a clean Bill and the problem will be solved. I'll support it. I'll be a cosponsor. But the way this is currently written, this problem does exist, and some people might be caught in the… in the middle of it. So I ask for a 'no' vote, a 'present' vote, or you could feel free to take it out of the record. Thank you, Representative." 09800147.docx 32  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day 11/20/2014

"Mr. Hoffman, to close."

"Thank you. With all due respect to the previous speaker, I just simply disagree. The… if there is zoning in place, you must comply with the zoning requirement. This passed with 91 votes, 55 in the Senate. Environmental groups are for it. If they were… if they were against it and believed what your argument is, then they… I would assume they would be against it. There are very few places in this state that don't have zoning requirements. If there are no zoning requirements, then you can't determine where a residential zoned area is. We're saying let's keep this out of the landfills. Let's have it be recycled. And I ask for an 'aye' vote."

Speaker Lang: "Gentleman moves to override the Governor's Amendatory Veto to House Bill 4606. This requires 71 votes. Those in favor of the Gentleman's Motion vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Feigenholtz, Meier, Riley. Feigenholtz, Riley. Mr. Clerk, please take the record. On this question, there are 80 voting 'yes', 31 voting 'no', 1 voting 'present'. And the House does override the Governor's Amendatory Veto to House Bill 4606. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk, First Readings."

"Mr. Clerk, Agreed Resolutions." 09800147.docx 33  STATE OF ILLINOIS 98th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 147th Legislative Day 11/20/2014

"Leader Currie moves for the adoption of the Agreed Resolutions. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the Agreed Resolutions are adopted. We'd like the staff to retire to the rear of the chamber. Staff will retire to the rear of the chamber. Members will be in their chairs. Before we adjourn, Ladies and Gentlemen, we have a series of four Death Resolutions. The Members will be in their chairs. Mr. Clerk, House Resolution 1290. Mr. Sosnowski."

"Please proceed, Sir."

"Mr. Sosnowski."

"Thank you, Members. Mr. Cabello."

"Those in favor of the Resolution will say 'yes'; opposed 'no'. The 'ayes' have it. And the Resolution is adopted. House Resolution 1282, Mr. Harms."

"Mr. Clerk."

"Mr. Harms."

"Those in favor of the Resolution will say 'yes'; opposed 'no'. They 'ayes' have it. And the Resolution is adopted. The other two Death Resolutions we'll take up when we return in two weeks. And now, leaving perfunctory time for the Clerk, Leader Currie moves that the House stand adjourned 'til Tuesday, December 2 at the hour of 12 noon. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the House stands adjourned."