"The House will be in order. Members shall be in their chairs. We shall be led in prayer today by Dr. Ed Taylor who is with First Christian Church in Gibson City. Dr. Taylor is the guest of Representative Bennett. Members and guests are asked to refrain from starting their laptops, turn off cell phones and rise for the invocation and Pledge of Allegiance. Dr. Taylor."
"Would you please join me in a moment of silence to stand with those who grieve the loss of life in Charleston, South Carolina. Good and gracious God, it is enough that You gather this Legislature for a moment to turn heart and mind to You, that You also entrust them with setting a course for the future of Illinois, our home. It is enough that You focus energies on and direct resources for the economic challenges and opportunities that are the daily diet of this Assembly, but You also entrust each of us with the course of extending justice to those whose wishes are unheard. It is enough that You invest this Assembly in the structure of government, that You also apportion a measure of compassion, vision and unity of purpose. It is enough that this House represents persons with a multitude of needs and interests, ideas and opinions, backgrounds and personal stories, but You also entrust them to craft a common good for the citizens of this state. It is enough that these men and women, these servants, are bestowed with the public trust that You also surround them with loving families, dedicated staff and hopeful citizens. Send Your spirit to inspire a just path of humility, integrity and wisdom, guide them. It is enough. Amen and Amen."
"Be led in the Pledge by Mr. Drury." 09900067.docx 1 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015
“I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.”
"Roll Call for Attendance. Leader Currie. Mr. Brown."
"Thank you, Mr. Speaker. Please let the record show that Representatives Anthony, Stewart, McDermed, Tryon and Bourne are excused today."
"Mr. Clerk, please take the record. We have 106 Members present and the House does have a Quorum. The Chair recognizes the Clerk."
Clerk Hollman: "Committee Reports. Representative D'Amico, Chairperson from the Committee on Transportation: Vehicles & Safety reports the following committee action taken on June 23, 2015: recommends be adopted is Floor Amendment #1 to House Bill 1048. Representative Daniel Burke, Chairperson from the Committee on Executive reports the following committee action taken on June 23, 2015: recommends be adopted is Floor Amendment #1 to Senate Bill 437. Representative Sims, Chairperson from the Committee on Judiciary - Criminal reports the following committee action taken on June 23, 2015: recommends be adopted as amended is House Resolution 559. Representative Nekritz, Chairperson from the Committee on Judiciary - Civil reports the following committee action taken on June 23, 2015: recommends be adopted is a Motion to Concur with Senate Amendment… Motion to Concur with Senate Amendment #1 to House Bill 1485. Representative DeLuca, Chairperson from the Committee on Cities & Villages reports 09900067.docx 2 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 the following committee action taken on June 23, 2015: recommends be adopted is a Motion to Concur with Senate Amendment 1 and 2 to House Bill 245. Introduction of Resolutions. House Resolution 604, offered by Representative McSweeney, is referred to the Rules Committee.
"Mr. Clerk, House Resolution 595. Mr. Butler is recognized."
"Thank you, Mr. Speaker. Today, I would like to welcome the Williamsville High School baseball team to the State Capitol, here on the west side to our right. Coach Buttry and the gentlemen from the Williamsville baseball team finished second in the Class 2A tournament just a few weeks ago. They might have finished second in the tournament, but they certainly were first in the hearts of the Sangamon County folks. They had a wonderful effort in the championship game. They finished their seas… season 31 and 7. They've… they've amassed five straight consecutive Sangamo Conference titles. A wonderful baseball team and certainly pride for us in Sangamon County. So, today, I'd like to welcome the Williamsville Bullets to the State Capitol. Thanks for being here, guys."
"Welcome to the State Capitol and congratulations. Gentleman moves for the adoption of the Resolution. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the Resolution is adopted. Chair recognizes Mr. Zalewski."
"Point of personal privilege, Mr. Speaker."
"Please proceed, Sir."
"Mr. Speaker, today I have as my Page, Chloe Michelle Jarmer. She's the daughter of Mark and Christine Jarmer who's 09900067.docx 3 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 on our House Democratic staff. She's 12 years old. She has 12 brothers and sis… she has 4 brothers and sisters that drive her crazy. She loves gymnastics and she's entering the eighth grade this fall. Please give her a warm round of applause."
"Welcome. Welcome to the House chamber. Thanks for being with us. Representative McAsey."
"Thank you, Mr. Speaker, Members of the House. Today, I have two very special Pages with me, my niece and nephew, Mary Jane and Jonathan Carollo. Please welcome them to the chamber."
"Welcome. Thanks for being with us. Representative Manley."
"Well, hello there. I just want to thank our Secretary of State Jesse White for coming out to the district with me. We had a very successful event where we brought light to how important organ and tissue donation is. And also, he shared a little secret with me. Tomorrow is his birthday, so we'd like to wish Secretary of State Jesse White a happy birthday."
"Happy birthday, Mr. Secretary. Representative Scherer."
"Thank you, Mr. Speaker. I have a couple point of personal privileges."
"Start with the first one."
"Okay. We will. That's the good part about living here. First, I have a very good teacher friend of mine who's knocked on many doors with me. It's Elaine Kotky, her husband John and grandchildren, Kevin, Brooke, and Ben. A big Capitol welcome." 09900067.docx 4 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015
"Hello. Thank you. Glad you're up there with us. And Representative, you had another point."
"Yes. Okay. My next point is… I want to get all my names right. Okay. We've got in the gallery to my left we have Olivia, and her parents Tim and Liz Thord and her grandma Donna Vanderberg. So, another big Capitol welcome to friends from Decatur."
"Thank you. Enjoy the festivities today. Mr. Zalewski is recognized. Representative Scherer, one more."
"Yes. Okay, one more. A point of personal privilege. This is for the Southeast girls track team. If you'll stand up, gallery to my right. Coached by Barb Montgomery and crew. And they achieved third place state track team this year. We're so very proud of these girls. All kinds of special accomplishments on top of that. So, our hometown Southeast Spartans, way to go."
Speaker Lang: "Congratulations, Spartans. Mr. Brown is recognized."
"Thank you… thank you, Mr. Speaker. The Republicans request an immediate caucus in Room 118 for one hour."
"The Republicans will caucus immediately, that's immediately, in Room 118. The House Democrats will caucus immediately, that is immediately, in Room 114… the call of the Chair. The House will be in order. Page 4 of the Calendar, under the Order of House Bills-Second Reading, there appears House Bill 692. Mr. Clerk."
"House Bill 692, a Bill for an Act concerning revenue. This Bill was read a second time on a previous day. No Committee Amendments. Floor Amendments 1 and 2 have been 09900067.docx 5 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 approved for consideration. Floor Amendment #1 is offered by Representative Bradley."
"Mr. Bradley."
“This is, I believe, identical to the Bill presented previously. It reflects the Governor's proposal on property tax relief. It would have a reset taxes payable in 2017 for 2016. Home Rule exemptions would require 71 votes. It would freeze the automatic increase in EAV for… similar… identical to the previous Bills unless passed by a new referendum of the voters. I'd ask for adoption."
"Mr. Sandack."
"Thank you. Will the Speaker yield?"
"Sponsor yields."
"Sponsor yield. Thank you. I'm a little out of practice. John, you're going to have to help me out. First of all, I couldn't hear you. I don't know if you were low talking intentionally. But what exactly are we doing here?"
“It's the same thing we voted on before, Ron."
"So, why are we voting on it again?"
“We're just going to have another vote on it."
"Well, Representative, with all due respect, your… I guess he's absent here… colleague from McHenry, passionately said weeks ago. We'll… we may never get a chance to vote on a property tax freeze again. And I swear we voted four, five maybe eight times with respect to votes and Amendments. Why are we doing this again?"
“The Governor's indicated that this is something that he's interested in and we're here. And we continue to try to move the ball forward, so having another vote on it." 09900067.docx 6 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015
"Well, the Governor is interested. He's interested in his Bill not yours. No disrespect. I'd ask you to take this out of the record because we are simply wasting time when we ought to be moving real Bills. Actually, we shouldn't be doing anything other than working on a budget or working on real reforms. This is not real reform. I'll remind my colleagues, in case they've forgotten and I don't know how they could because it seems like every Tuesday we vote on a Bradley Amendment or a Franks' Amendment on property tax freeze that is not the Governor's Bill. Lest anyone be confused, this is not the Governor's Bill. Vote 'present' or vote 'no'. Thank you."
"Mr. Harris." Harris, D.: "Can I… Thank you, Mr. Speaker. A question of the Chair."
"Proceed, Sir." Harris, D.: "Well, it seems as though we vote on a property tax Bill, as the previous speaker just said, every week that we come down here. Can we do what we do in committee and simply say with leave of the Body that we can put the same vote up that we had before? It seems like that's what we're doing every time we come down here. Is that possible?"
"No." Harris, D.: "Okay. Thank you."
"Those in favor of the Gentleman's A… Excuse me. Mr. Bradley to close."
“This is identical, identical, identical to the Governor's proposal. The previous speaker said this isn't real. This is identical. So, sure." 09900067.docx 7 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015
"Those in favor of the Gentleman's Amendment 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. Clerk, please take the record. On this question, there are 44 voting 'yes', 21 voting 'no', 31 voting 'present'. And the Amendment is adopted. Mr. Clerk."
"Floor Amendment #2 is offered by Representative Bradley and has been approved for consideration."
"Mr. Bradley."
“This is the same Amendment involving the local government issues, the prevailing wage, collective bargaining issue that we previously voted on. I do not support this Amendment, but it is identical to the Governor's proposal, identical. And so, we'll put it up for a vote."
"Mr. Sandack."
"Will the Sponsor yield?"
"Sponsor yields."
"So, John, you don't recommend a 'yes' vote on your Amendment?"
“This is identical to the Governor's proposal."
"My question was yes or no. Is it yes or no? Do you recommend a 'yes' vote or 'no' vote on your Amendment?"
“I recommend a 'no' vote…"
"Okay."
“…on the Governor's proposal."
"Thanks. To this continuing farce that Representative Bradley wishes to perpetrate on all of us. We've done this before. We've voted… vote your conscience, vote your district, but we're going to continue to waste time because 09900067.docx 8 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 now the Sponsor wishes to propose something again ostensibly for the Governor. We know he doesn't mean it. We know he's not trying to move reform along. This is more of the shams, games and just ridiculousness that we're being thrust upon by the Speaker and his ilk."
"Mr. Bradley to close."
“No one's yet to point out to me how these proposals are not identical to the Governor's proposals. I do not support this Amendment, but it is identical to the Governor's proposal."
"Those in favor of the Gentleman's Amendment 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. Clerk, please take the record. On this question, there are 0 voting 'yes', 71 voting 'no', 25 voting 'present'. And the Amendment fails. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. The Chair recognizes Mr. Sullivan."
"Mr. Speaker, obviously, people have different ideas on what has just transpired in the last two votes, but I… I do take issue when the person in the Chair says that this is the Governor's Amendment when indeed the Governor's name is not on that board. The person over in that chair, it's their Amendment, not the Governor's Amendment. I do take subtle offense to the previous Roll Call and how it was transpired from the Chair."
"Mr. Clerk, please read the Bill."
"House Bill 692, a Bill for an Act concerning revenue. Third Reading of this House Bill." 09900067.docx 9 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015
"Mr. Bradley."
“This is Amendment 1 of the Governor's proposal. It's identical to his proposal with regards the property tax component."
"Mr. Sandack."
"Inquiry of the Chair."
"State your inquiry, Sir."
"This is Third Reading?"
"Third Reading, Sir."
"On… and there's only one Amendment that's being proposed with respect to this Bill?"
"Mr. Clerk, please tell Mr. Sandack what Amendments are on the Bill?"
"Floor Amendment #1 was adopted."
"Mr. Sandack."
"An inquiry of the Sponsor, please?"
"State your inquiry."
"Thank you. Mr. Bradley, do you contend this is the Governor's Bill?"
“This is the property tax component of the Governor's Bill, identical."
"I… I asked you a real simple question."
“Well, I gave you…"
"Is this the Governor's Bill?"
“I gave you an accurate answer, Ron."
"Okay. To the… This is important because now we're on Third Reading, even though it was been implied to us and heck, it's been stated to us, we'd never actually get there. It seems like we can't get anywhere but there and what there is, 09900067.docx 10 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 is a disingenuous Bill. This isn't the Governor's initiative. This isn't a property tax freeze. Although I'm sure there's mailers, maybe already out, since we did this last time. Last month there were already mailers out on an anticipated Roll Call. So, perhaps, we're going to see part two of that endeavor, more of the same. It's just so disappointing that we come down here at the Speaker's call to play more games rather than address the real problems and the real issues facing our citizens. I shan't play the game. I encourage others not to, too."
"Mr. Thapedi."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Mr. Bradley, we keep hearing a lot of banter back and forth about whose name is up on the board. And I think we should focus in on form and not substance. Whose language is in this Bill?"
“Administration, the Governor's."
"Are you sure?"
“Yes."
"There's no differences whatsoever?"
“No, it's identical."
"So, in other words, you're just taking the language from one Bill and putting it on another Bill and it's up on the board."
“Cut…"
"Is that accurate?"
“…cut and paste."
"Thank you very much." 09900067.docx 11 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015
"Mr. Bradley to close."
“This is the property tax component of the Governor's proposal without the local government prevailing wage, collective bargaining component. It is the property tax component. I would suggest an 'aye' vote."
"Those in favor of the Gentleman's Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 41 voting 'yes', 21 voting 'no', 36 voting 'present'. And the Bill fails. Chair recognizes Mr. Acevedo."
“Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Up in the gallery today we have the acting President of the Chicago School Board, Mr. Jesse Ruiz. I'd like to welcome him to Springfield."
"Welcome, Sir. Thank you for being with us today. Page 9 of the Calendar, under the Order the Order of Consideration Postponed, there appears Senate Bill 437, Mr. Mitchell. Leader Currie to be handling this. And Leader Currie wishes the Bill to be put back on the Order of Second Reading for an Amendment. Mr. Clerk, please do that and please read the Bill."
"Senate Bill 437, a Bill for an Act concerning public employee benefits. This Bill was read a second time on a previous day. No Committee Amendments. Floor Amendment #1, offered by Representative Currie, has been approved for consideration."
"Leader Currie." 09900067.docx 12 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015
"Thank you, Speaker. This is an Amendment that would propose to delay for 40 days, until August 10, the required Chicago public school $683.6 million payment to the Chicago Teachers Pension Fund. Chicago public schools are cash- strapped. They're poor of resources and my understanding is that this proposal to delay for 40 days, only 40 days, the time period for paying the CTPF is an agreement that was reached over the weekend between the Mayor of the City of Chicago and the Governor of the State of Illinois. I'd be happy to answer your questions. There is no opposition. The Chicago Teachers Union is neutral on the Bill as is the Chicago Teacher Pension Fund. Happy to answer your questions. Appreciate your support for the Amendment."
"Leader Durkin."
"Sponsor yield? Would the Sponsor yield?"
"Sponsor yields."
"Leader Currie, just for historical benefit. How did we get to this point where the City of Chicago is now subject to this $634 million payment by the end of the month? Under…"
"This is a statutory requirement that was adopted by the Members of this Assembly. Unfortunately, a variety of difficulties have beset the Chicago public school system. They're not able to meet this obligation without shortchanging other important obligations. And it is hoped that the additional 40 days will help the school district find the resources to meet all its obligations."
"Now, it's not… my understanding that this is not a new revelation. My question to you, is that why we could not have taken care of this matter in the month of May?" 09900067.docx 13 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015
"Well, I think there were continuing discussions in the Assembly between the Governor, the Mayor and so forth and so on, but there has been no resolution to date and payment is due a week from today, June 30. And the school district does not have the money to meet the payment without short… shorting other responsibilities, payroll for example. So, the Governor, your Governor and your Mayor, our Mayor, our Governor agreed to this 40-day delay while we search for both short- and long-term solutions"
"I respect your command of the parliamentary rules in this chamber, more than anybody, more than the Gentleman up in the Chair. So, could you tell me, I don't need the man in the Chair, could you tell me how many votes it'll take for this to pass today?"
"It will take a simple Majority to attach the Amendment. It will take 71 votes to pass the Bill."
"I'm sorry. We're just on the Amendment. Thank you. What are the consequences for the… for CPS should this not pass?"
"Well, I'd expect they would default on the payment. My understanding is they do not have the resources to meet this responsibility. Although, I am told that borrowing plans are in the works. I would imagine should they not make the payment and should they be unable to make it, because the borrowing hasn't happened or what have you, then I should think that the Teacher's Pension Fund would sue."
"Will the City of Chicago City Council pass a property tax increase? Is that part of the solution for them to hit their $634 million number by August?"
"I don't know." 09900067.docx 14 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015
"How do you expect CPS, over this six-week period to find… What is… Let me back up. I think that CPS would have given you an idea of what the plan is going to be should they be given this extension. Could you share that with the Members of this Body?"
"Well, first of all, I know that some tax dollars will be coming in, property tax dollars, possibly if there is ever a settlement to the state budget, moneys that would be due the school system from the State of Illinois for the various ways we fund public education. In addition, in testimony this morning, the Chicago public schools pointed out that the state budget this year will send $3.4 billion to downstate teacher pensions and the state will spend only 62 million on Chicago public school teacher pensions. So, there is a concern and a hope on the part of the Chicago public schools that the state will be a partner in helping to solve this problem."
"Well, I think for purposes of today the partnership you're seeking is a partnership with some Republicans to help bre… give some breathing room to the City of Chicago on what is a… a payment which that clearly cannot be made within the next week and a half. So, I guess the question I have is our… is a property tax increase in Chicago upon residential and commercial on the table as Erst… as Ernst and Young have already recommended or have stated that that is part of the solution?"
"Representative, I don't know, but I can't imagine that there is anything that is not on the table when it comes to solving the problem with the finances of the Chicago public schools." 09900067.docx 15 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015
"Well, maybe a nod of the head by Mr. Reaves could help us alieve that; he's up in the gallery. So, all right, I'll take that as a yes. Thank you. I'm not going to debate this on Third. We're being asked again to help out the City of Chicago which we've done in the past. We took a very bold stand on the FY15 fix, folks and as you recall, it was 46 Republicans. We're the ones that made that happen. We didn't create that budget mess of FY15, but we were part of the solution. So, asking us to help out today is another big ask. What I'm saying is that this is a two-way street. Our folks are not going to be taken for granted during this overtime Session. I personally will be supporting the Bill today and I will encourage some of my Members to give the City of Chicago, Chicago public schools six weeks and no more than that for a chance to be able to solve the problems they have with this pension payment. Thank you for your candor, Ma'am."
"This Bill's on the Order of Second Reading. There are six speakers wishing to speak. Is there any objection to moving the Bill to Third Reading and debating it on Third? Seeing none, those in favor of the Am… those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Please read the Bill."
"Senate Bill 437, a Bill for an Act concerning public employee benefits. Third Reading of this Senate Bill."
"Mr. Sandack."
"Thank you. Will the Leader yield for a few questions?"
"Of course she does." 09900067.docx 16 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015
"Leader Currie, picking up where Leader Durkin was asking you. He was asking about any information you might be able to offer this General Assembly, the House, as to what the six weeks will glean, what will happen, other than time. What do you expect to occur in the six-week period?"
"Well, first of all, as I said I think there will be new tax revenue coming in, property taxes. If the state's able to make its school aid payments, some of that money will come in. It also gives them breathing room to find out if there are either short-term or long-term solutions to the fiscal problems facing the school. I wasn't party to the agreement, but I understand there is an agreement between the Governor and the mayor to offer this extended 40-day period to try to find a solution. And I appreciate the remarks of the former speaker and a willingness to help Chicago figure out how best to solve this problem."
"And certainly, that sentiment makes a lot of sense. Was the Speaker of the House involved in these negotiations and do you know how he intends to vote?"
"I don't know."
"With respect to property tax being perhaps… I think you said it was on the table. Everything's on the table."
"I said I don't know, but I can't imagine that anything is off the table."
"Well… and I… and I appreciate that given a truncated period of time there should be everything on the table, in fact, more should be actually perhaps understood and maybe there's parameters already. Do you think there's anything ironic about colleagues of yours on your side, voting 'yes' 09900067.docx 17 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 on the previous Bill, HB692, to a property tax freeze and now, perhaps, we're calling the City of Chicago to vote for a property tax in which to add… to get extricate itself from its financial endeavor."
"In fact, actually the previous Bill would not impose the freeze until the period during which 2016 taxes are collected."
"Ah, so we'd get that…"
"So, it would not have been a freeze that starts tomorrow."
"Okay. So, it's not the Jack Franks freeze?"
"But in any case, I voted 'no'… I voted 'no'."
"All right. Well, you're consistent. Then one more question for you. Well, actually, at least one more. You said borrowing plans are in the works. I took a quote directly from you, Leader Currie, borrowing plans are in the works. What borrowing plans are in the works?"
"All I know is read about them in the newspaper."
"I'm sorry?"
"I read about them in the newspaper."
"And what… I didn't see them."
"I read that there were some borrowing plans in the City Council. That's information that was in one or two newspapers that I read today."
"Thank you. To… to the Bill, Mr. Speaker. I appreciate… I'm off; I'm on. I'm back on. Thank you. I appreciate the Lady's candid answers to this. This is a very difficult vote. Obviously, no one wants to see the City of Chicago falter and CPS… or CPS falter. However, the fact that we're at the end 09900067.docx 18 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 of June and we're now being presented with this, should not be forgotten by anyone, we had plenty of time in May to have this vote. We're having it now, I find that distressing. And I'm not sure what six weeks does that can't be done in six days, frankly. So, obviously, I'm going to tell my friends on this side of the aisle to, obviously, judiciously choose and choose wisely. Thank you, Mr. Speaker."
"Mr. Guzzardi."
"Thank you, Mr. Speaker. To the Bill. I know that folks are here from the City of Chicago and I get the message that many of us, on both sides of the aisle, would like to send to them is that we are willing to grant you 40 days here, but we also urge the city in no uncertain terms, to take those 40 days to raise real revenue to pay for this. Right? We don't want to be back here 40 days from now hearing the same thing from the City of Chicago. We need solutions from the city. So, there has been a lot of rhetoric in the media about how this is Springfield's problem and Springfield needs to solve it. But I think those of us who represent the city and those of us who represent downstate areas as well, feel very strongly that we're giving the city an opportunity to solve its problems. And we urge them very strongly to take that opportunity. I think that message should be sent loud and clear from both sides of the aisle today. And hopefully, we won't have to come back here in 40 days and hear these same arguments."
"Mr. Pritchard."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." 09900067.docx 19 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015
"Representative, you're a part of the Chicago public school system, aren't you?"
"Yes, Sir."
"So, don't you have an interest in the financial stability of the district?"
"I think we all have an interest in the financial stability of the largest school district in the State of Illinois."
"I know. And I'm happy to work with you on a funding formula for our school districts. But to this issue in general, what is the long-term plan for the school district to be able to make its pension payments?"
"I think people are discussing that even as we are discussing this Bill."
"But it seems to me that this is a longer term discussion. I mean, this crisis didn't just come up."
"That's right. It is a longer term discussion. People have discussed issues like changes in the school finance formula for money coming from Springfield to all local districts. There's discussion about why it is the state will pay $3.4 billion in 2016 for the retirement of downstate teachers and actually, probably no more than 12 million for the retirement of Chicago public school teachers."
"And… and you…"
"There's talk about other sources of revenue that might be available, either to the state, to the city or both. There's a lot of discussion on this very topic."
"You have had longer experience in this House than I. You were probably here when the arrangement was made that 09900067.docx 20 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 allowed the Chicago Teachers Union to have a separate pension system from the state pension system, the TRS system. Were you not here?"
"No, it was just in the 1930s, I think."
"I don't think it was that long and that was not meant to be an insult."
"It surely wasn't."
"I was of the opinion that this is a more recent time decision that allowed the system to stay independent from the TRS system. It allowed a different type of contribution and benefits. And when you say that the state… downstate teachers are getting more, that was part of the original agreement. Is that not your understanding?"
"It isn't."
"Well, then why do we have two different systems?"
"Lost in the midst of time."
"Well, maybe it's time to redial the clock and go back to the future and find out how we can have a pension system that is going to be sustainable and that is fair across the state. I know a lot of downstate residents feel they send a lot of tax money to Chicago. So, the argument that Chicago is sending some money for the teachers around the state doesn't seem to make sense. Thank you."
"Representative Williams."
"Thank you. To the Bill. It seems to me that we are without good options here. I represent the City of Chicago; its parents, its students, its teachers and its homeowners. While not an ideal solution, the city has indicated that this is the only solution to ensure our neighborhood schools are 09900067.docx 21 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 able to open on time and funded this fall. And that is not an option, my friends, that's a necessity. I consider this a temporary solution to a short-term cash flow crisis. Unfortunately, we have much bigger problems in the City of Chicago regarding funding our neighborhood schools. And this doesn't address those bigger issues. It doesn't address our structural deficit and many other challenges fiscally. So, I'm asking the City Council and everyone in the city to make significant progress over the next few weeks, not just to address this short-term cash flow issue, but to look at all fiscal challenges in the city, particularly those that impact our neighborhood schools. We simply can't afford not to."
"Mr. Ford."
“Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
“Leader Currie, I just have a few questions. So, this Bill protects the Chicago Schools Pension, but could you think of some other people maybe that it protects?"
"What this does is say that the Chicago public schools have 40 days before this particular obligation is due and owing."
“Would you say that this Bill protects the future of our young people the hundreds of thousands of students that educated in the Chicago public schools?"
"But only for 40 days."
“Only for 40 days. But if we didn't give 40 days, what would happen?"
"At that time, then this payment will be due, $683.6 million." 09900067.docx 22 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015
“Okay. To the Bill. You know, I urge an 'aye' vote on this Bill simply because I represent the City of Chicago school students and the families of Chicago. And it makes sense that we recognize that there is a revenue problem in the State of Illinois and in the City of Chicago and in Cook County. And it would actually be sad if we not vote for a Bill like this and put the students of Chicago in the midst of something that's not their fault but the fault of the responsible adults in Springfield. So, I urge an 'aye' vote."
"Representative Flowers."
"Thank you, Mr. Speaker. Would the Lady yield?"
"Sponsor yields."
"So, Representative, 40 days; 40 days and 40 nights or just 40 days?"
"It's 40 nights as well as 40 days."
"Okay. So, with that being said, what is the guarantee?"
"There is no guarantee."
"So, there is…"
"There's hope."
"There is no guarantee that if we give them this extension that they will come up with the money to pay the pension. And if they did come up with the money to pay the pension in the 40 days and 40 nights, is this a one-time payment or is it for the ongoing payments?"
"This… this would be the payment required before the end of the school system's fiscal year. So, next year another payment, slightly smaller, would under the statute be owed. And that payment would still be due June 30. Nothing in this 09900067.docx 23 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 legislation changes the moneys that would be owed the pension system in the fiscal '16 budget."
"And let me ask, Representative. Other sources of funds for the City of Chicago, so they do have moneys that they're collecting from the penalties and the fines from the various cameras that's really hurting, I know, specifically the south and west side of the City of Chicago. And so, it wasn't enough that our schools were closed on the south and west side of the City of Chicago, that was not enough. It's not enough that our children have to walk further to school in more dangerous situations because there is no bus and transportation, that's not enough. But now, you want us to give the City of Chicago an opportunity, which I represent the City of Chicago, an opportunity to make a Band-Aid approach to a situation. But what other sources have they considered? For instance, have they considered a commuter tax?"
"Representative, I don't know the specific answer, as I answered earlier questions, but I would be surprised to discover that anything is not on the table for discussion."
"But see, I don't know. I don't know what's on the table and that's the problem. No one talked to me about it because I would have suggested and I have suggested that there be a commuter tax when you factor in the fact that one out of four people that work downtown in the City of Chicago only one live in the City of Chicago, the other three comes from the suburbs. And so, if we had more people employed from the city, working in the city, maybe we would have more revenue for them to pay these bills. So, I'm going to have to respectfully 09900067.docx 24 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 vote 'no' on this Bill until such time that I know that all the revenues that will… that are available and all the opportunities that are available to the city that they're taking advantage of it. Thank you very much."
"Mr. Kay."
"Thank you, Mr. Speaker. Would the Leader yield?"
"Sponsor yields."
"Leader Currie, I'm curious about what happened 60 days ago. In other words, not what we're going to do the next 60 days, but what's happened prior to today."
"I suspect that there had not been an agreement 60 days ago between the Governor and the Mayor to at least solve the problem temporarily and give the city… give the Chicago public school system a little breathing room."
"Okay. I should have said financially what has been done in terms of strategy? Do you know?"
"I under… my understanding is that there are continuing discussions within the school board, between the school board and city hall to try to find ways to solve the resource problem."
"Okay. Do you know whether or not a property tax increase is being considered?"
"Well, my understanding is that the city schools are at the maximum given property tax caps. I don't think they have the opportunity to go beyond whatever is available. They… they are at the cap this year and next year there, depending on whether we freeze them or not, there may or may not be revenue available within the cap." 09900067.docx 25 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015
"Okay. I'm… I'm not sure I've got a clear picture of that, but don't they have some capital that they can tap into now?"
"They do have capital and you know, they're looking for… they're looking for options."
"Okay. Well, in fact, they… they do have and it's not 654 million, but they do have revenue sources that they should have been looking at up until this point in time and I'm assuming 60 days down the road they'll be looking at it. Is that correct? Is that correct, Leader?"
"I'm sorry, could you restate the question?"
"Well, they do have… they do have some resources that they can tap into now and that's been available 60 da… that was available 60 day…"
"Well, you know, but the problem is they have many obligations. They have to meet payroll, for example. They have many other obligations beyond the obligation that is the subject of Senate Bill 437 today."
"Okay. So, my next question would be, if they're tapped out with respect to the levy on schools and they're looking at borrowing, how are they going to pay the borrowing back?"
"That's going to be a very big challenge. And that's why so many issues of alternate revenue sources are definitely on the table."
"What about occupational sales tax?"
"Now, the schools do not have access to that… that resource today under state statute."
"Okay. Well, I thank you for your questions, Leader. My concern is and I'm not sure what 60 days gets you and I'm not sure we've heard today a strategic plan as to moving forward, 09900067.docx 26 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 if they were able to do something in the nature of bonding for that sum of money, how it would ever be paid back. And unfortunately, you haven't been able to answer that question and I'm not sure that's your fault. But I appreciate your answers. Thank you very much."
"Leader Currie to close."
"Thank you, Speaker, Members of the House. I appreciate the full discussion. I ask you for the school kids, for the teachers, for all the things we care about when it comes to our educational system to help… to help the Chicago public schools find long-term and short-term solutions to its fiscal problems. I would be grateful for your 'yes' 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? One more time. Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 53 voting 'yes', 46 voting 'no' and 2 voting 'present'. And the Bill fails. On page 3 of the Calendar, House Bills-Second Reading, House Bill 574, Leader Currie. Mr. Clerk, please read the Bill."
"House Bill 574, a Bill for an Act concerning State Government. This Bill was read a second time on a previous day. No Committee Amendments. Floor Amendments 1 through 9 have been approved for consideration. Floor Amendment #1 is offered by Representative Currie."
"Leader Currie."
"Thank you very much, Speaker, Members of the House. Amendment 2 to this Bill is identical to provisions about the P3 as we call it, private-public partnership that had already 09900067.docx 27 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 been approved on a unanimous vote by the Executive Committee. This is the Governor's proposal without the business of the Abraham Lincoln Library and Museum and without changes to the Historic Preservation Agency. But this Amendment is precisely the part about the changes in the Department of Commerce and Community Affairs. Amendment 2… I'm sorry. Amendment…"
"The Lady withdraws…"
"I'm sorry."
"…Amendment #1."
"I'm sorry. Thank you."
"She's been explaining Amendment 2. Is that correct, Leader?"
"Yes. Sorry about that. I thought…"
"Amendment 1 is withdrawn. This is Amendment 2. Complete your explanation."
"So, yeah, it's the same explanation that I started out with, as if it were, in fact, Amendment 1. So, this is precisely the proposal to form a separate corporation within DCEO involving people appointed by the Governor, a few by the Legislative Leaders. And this organization would then be able to accept private donations and would make the contributions incentives for businesses, grants and grants and incentive agreements to create more jobs in the State of Illinois. I'd appreciate your support for the Governor's initial language. There are other Amendments that will reflect some of the testimony, some of the ideas, some of the questions and answers we heard when we met as a Committee of the Whole some time ago. So, I'd be happy to answer your questions. But this 09900067.docx 28 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 has already, as I say, been approved by the Executive Committee."
"Mr. Sandack. This is Amendment 2, Sir."
"Yes, I'm aware of that. On Amendment 2, may I still inquire of the Leader, nonetheless?"
"You certainly may, Sir."
"Thank you. As to Amendment #2 and 2. Leader, what's the effective date should this Bill go to Third Reading and be passed?"
"It would be an immediate effective date. That's Amendment 2."
"Right."
"But then we're changing it… There is no effective date in some of the other Amendments."
"Okay. Well, and that, you anticipated my next question. How many Amendments do you intend to call after this is adopted or not adopted?"
"I believe we go through Amendment… is it 9? Yeah."
"Wow. Nine and… nine, so we have a few more…"
"Yeah, nine Amendments."
"…Amendments to come. So…"
"But remember, we're not doing Amendment 1 because we've already done it."
"Right. Notwithstanding your eloquent speech before."
"That's right. Thank you, thank you."
"And I thought your follow-up was even more eloquent. Leader, is it your intention to suggest that should all of your Amendments be adopted, that that in total reflects the Governor's Bill?" 09900067.docx 29 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015
"I'm sorry. Say that again?"
"Would… if all your Amendments are adopted…"
"Right."
"…would they in total aggregate to and equal the Governor's Bill?"
"They would add to the Governor's original proposal some of these…"
"They would not be the Governor's Bill if all these Amendments were added on?"
"Not as introduced."
"Thank you. So, Ladies and Gentlemen of the House, we're having more Bills put up on the board on Second Reading extensively in the name of the Governor and some suggestions are this is the Governor's Bill. Only to follow up with five or six or seven more Amendments which unquestionably, undeniably, do not equal or makeup the Governor's Bill. I suggest a 'no' or 'present' vote because we're continuing to play this nonstop, never-ending or at least seemingly never- ending game which is just too bad. Vote 'present' or 'no'."
"Representative Scherer."
"Thank you, Mr. Speaker. Leader Currie, I have a question. Concerning non-profit that organizations receive grant programs for summer jobs, et cetera, will this be affected by this Bill?"
"No."
"Thank you. So, it'll run regular under DCEO as it always has?"
"Pardon me?"
"It'll run regular through DCEO as always?" 09900067.docx 30 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015
"Yes."
"Thank you."
"Those in favor of the Amendment 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. Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 55 voting 'yes', 10 voting 'no', 32 voting 'present'. And the Amend… Amendment is adopted. Mr. Clerk."
"Floor Amendment #3 is offered by Representative Currie."
"Leader Currie."
"Thank you, Speaker, Members of the House. The… this Amendment incorporates proposals that were made and were agreed to by the Governor, proposals coming from our staff agreed to by their staff that we believe would improve the transparency, the accountability and just add a lot of clarifying language to that which you heard about in Amendment #2. So, for example, it would… it would provide that the grants are all subject to the Grant Accountability and Transparency Act, finalized agreements and grant agreements and tax incentives, would have to appear on the website within 10 days. There was no deadline in the original language, requires various kinds of reports for appointments to fill vacancies and applies conflict of interest provisions to tax incentives, as well as to grants. I'd be happy to answer your questions. When Director Schultz testified before the Committee of the Whole, he talked about many of these 09900067.docx 31 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 agreements as being items that would help the operations of the transparency of the new 3P operation."
"Mr. Sandack."
"Thank you. Will the Lady yield?"
"Sponsor yields."
"Representative, is this the Governor's language or not?"
"This was language that was agreed to in discussions after the Governor's Bill was introduced. Discussions with staff on… legislative staff and with the Governor's Office. Yeah, in fact, they actually did the drafting."
"So, they did the drafting of this?"
"Yes."
"So, wouldn't it be better…"
"And you heard… you heard Mr… Director Schultz in Committee of the Whole…"
"I did."
"…talk about these additional items that they… he approved… the Governor's administration approved, to make this 3P operation a lot better."
"So, then you're going to… you're not going to introduce any subsequent Amendments and only introduce the… the Bill that the Governor alt…"
"No, I'm talking about…"
"Okay."
"…Amendment 3."
"Okay. To the Amendment. Obviously, we're going to vote on these things singularly, but you might as well vote 'present' or 'no' because it's the aggregate that counts. And the aggregate Bill will not amount to the Governor's Bill, 09900067.docx 32 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 notwithstanding, representations to the contrary. Vote 'present' or 'no'."
"Representative Hammond."
"Thank you, Mr. Speaker. Please excuse Representative Breen for the rest of the day."
"Thank you, Representative. Those in favor of the Lady's Amendment 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. Clerk, please take the record. On this question, there are 61 voting 'yes', 7 voting 'no', 32 voting 'present'. And the Amendment is adopted. Mr. Clerk."
"Floor Amendment #4 is offered by Representative Currie."
"Leader Currie."
"Thank you. This is just a clarification. In testimony, Director Schultz indicated that he would have final approval of all grants and tax incentives operated by the 3P operation. And… and the… that this just clarifies that that approval does cover grants. That was not clear in the original Bill. This is just then a technical correction that… that actually fits with the director's understanding of his responsibility under the Governor's proposal."
"Those in favor of the Lady's Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please record yourselves. Mr. Clerk, please take the record. On this question, there are 64 voting 'yes', 7 voting 'no', 32 voting 'present'. And the Amendment is adopted. Mr. Clerk." 09900067.docx 33 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015
"Floor Amendment #5 is offered by Representative William Davis."
"Mr. Davis." Davis, W.: "Thank you very much, Mr. Speaker. In light of the conversation that we had last week in the Committee of the Whole, Amendment #5 represents some of the conversations that I had with Director Schultz as it relates to the newly… potentially newly formed corporation that would encourage the corporation to focus on small business development as well as providing incentives and programs designed to assist minority and women-owned businesses and… and businesses that will create jobs in areas of high unemployment or poverty or low- income areas. So, I ask for the adoption of the Amendment."
"Those in favor of the Amendment 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 63 voting 'yes', 0 voting 'no', 38 voting 'present'. And the Amendment is adopted. Mr. Clerk."
"Floor Amendment #6 is offered by… offered by Representative William Davis."
"Mr. Davis." Davis, W.: "Thank you very much, Mr. Speaker. Again, following the conversation that took place last week with the Director of DCEO, House Amendment #6 will… serves to increase the number of gubernatorial board appointees representing minority and/or women-owned businesses from four to at least six. Currently, the board consists of 16 members; the Governor, and then 11 appointed by the Governor and 4 09900067.docx 34 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 appointed by the Legislative Leaders. Again, we had an interesting conversation about diversity as it relates to this board. And so, this seeks to encourage more diversity on the board than was previously stated."
"Representative Hernandez."
"Thank you, Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, does this… would you say this is… assures that black and brown and women would be appointed to these positions?" Davis, W.: "Well, I guess, Representative, I… I want to say yes that it would assure because we're putting a particular focus on it. So, to that extent, I would… I would say yes, but of course with a broad definition, we're not quite certain how that diversity will be made up completely. We certainly would encourage for that diversity to be across the board that would include African-American members, Latino members, Indian members, Asian members, if you will, but so, I'm saying yes, but we just have to make sure that we encourage that we have that broad representation and women. Let me not forget women also."
"Well, I do want to thank you because based on last week's testimony with the panelists describing as… I believe it was in Will County… they have a 15-member board and to hear that there was no African American… African Americans on the board, maybe… I think it was 1, maybe, I don't know… more than 1 Hispanic. I do appreciate the insistence on the diversity. So, thank you." 09900067.docx 35 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 Davis, W.: "Well, the irony in that, Representative, is that sometimes if you don't ask for it, you don't get it. The Gentleman from Will County talked about their board. While the… Will County does have minority, if you will, that live in Will County, but if nobody's ever raised the question, then they just proceed as though it's not a big deal. But for many of us, representing diversity on all of these boards is very, very important. And so, while the… one of the previous speakers talked about whether or not this is the Governor's language or not the Governor's language, well, this is enhancing what the Governor proposed. You know, any opportunity that we have to increase diversity in all areas and all sectors is a good thing. And it's something that we should always be trying to do. The sad part is that we have to codify it; instead of it just happening we have to codify it. But nevertheless, this is the direction that we're moving in."
"Those in favor of the Amendment 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. Mr. Clerk, please take the record. On this question, there are 64 voting 'yes', 0 voting 'no', 36 voting 'present'. And the Amendment is adopted. Leader Turner in the Chair."
"Mr. Clerk."
"Floor Amendment #7 is offered by Representative Crespo."
"Representative Crespo." 09900067.docx 36 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015
"Thank you, Speaker. Floor Amendment #7 to House Bill 574 does four things. First, it makes the transferring of funds to a new corporation, subject to appropriations. It establishes March 31st of each year as the day by which the corporation annual report must be submitted to the General Assembly, the Governor and the Office of Government Accountability and Transparency. It requires a detailed account of how private funds are utilized versus public funds. And it also requires an RI analysis. Happy to answer any questions."
"Seeing no debate, the question is, 'Shall the House adopt Floor Amendment #7 to House Bill 574?' All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On a count of 64 voting 'yes', 0 voting 'no', and 35 voting 'present', Floor Amendment #7 is adopted. Mr. Clerk."
"Floor Amendment #8 is offered by Representative Lang."
"Leader Lang."
"Thank you, Mr. Speaker. Ladies and Gentlemen, during the Committee of the Whole, there was significant conversation about political contributions and we also heard that in some of the states… where there was some corruption in some of the states where there was some difficulties, they flowed from the fact that politicon… political contributions flowed from the members of the committee. And so, Amendment 8 prohibits political contributions to the Governor or a candidate for Governor from board members, businesses with pending 09900067.docx 37 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 applications for grants totaling more than $50 thousand or any business that has received a grant or tax incentive of more than $50 thousand. This mirrors very closely the language of the Procurement Code. I would ask your support."
"Gentleman moves that the House adopt Floor Amendment #8 to House Bill 574. All in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On a count of 64 voting 'yes', 0 voting 'no', and 36 voting 'present', Floor Amendment #8 is adopted. Mr. Clerk."
"Floor Amendment #9 is offered by Representative Currie."
"Leader Currie."
"Thank you, Speaker, Members of the House. This Amendment offers a three-year sunset to the whole 3P private-public partnership program within the auspices of the Department of Commerce and Economic Opportunity. I think it's important to have a sunset. We don't know how well this new activity will work. We do know that in countless other states that have tried this approach their programs have been beset by serious problems: conflict of interest problems, misspending problems, excessive salaries, excessive bonuses. I think that we ought to try this approach. Some states seem to find that it does have value, but it's critical for us to know whether or not it works. This should not be one of those items that just hangs out there doing its thing without a careful look by the Legislature to see whether doing its thing is actually improving job opportunities for the citizens of Illinois. 09900067.docx 38 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 That's why we're proposing the three-year sunset. I hope you will agree with me that a three-year sunset does no damage to the program, but without a sunset, there is a possibility that we will do real damage to the people of Illinois. I'd appreciate your questions and I'd be grateful for your support for the Amendment."
"Chair recognizes Representative Sandack."
"Thank you. Will Leader Currie yield for some questions?"
"She indicates that she will."
"Thank you, Mr. Speaker. Leader, after… assuming Amendment 9 is adopted, is it your intention to call House Bill 474 (sic - 574) for a third vote, a final vote?"
"I might."
"Well, that's kind of opaque, a little vague. Is anyone… we're going through a lot of stuff here. Do you really intend to move your now aggregate, Bill?"
"Well, why don't we talk about Amendment 9, which is before us right now?"
"I intend to. I am."
"We can certainly talk about the whole Bill, if we get to it."
"Well, otherwise, sm… that kind of is the point, Leader, because we've been standing around doing these… on a variety of Bills, amending on Second a variety of Bills only to have them never called on Third. Though, I stand corrected, Representative Bradley did call one today which was a wonderful exercise in futility. Is it your intent, yes or no, to call House Bill 474 (sic – 574) for a full vote?"
"I think it's quite likely." 09900067.docx 39 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015
"Any time within today, perhaps?"
"Representative, let's talk about Amendment 9. It's a good Amendment, a strong Amendment. I'd be happy to answer your questions. I'd like to adopt the Amendment."
"With respect to your…"
"Thank you, Members. Please bring the noise level down."
"Thank…"
"Representative Sandack."
"…thank you, Mr. Speaker. With respect to Amendment #9, we've just heard a variety of Amendments that supposedly add to the Bill and make the Governor's proposition better. If you put a three-year sunset on it, is that enough time to actually adequately address the propriety and success of this new endeavor?"
"I would hope that it would be."
"Well…"
"It seems to be not unreasonable. We often impose sunsets on various programs, and I would think after three years, we'd have a good idea whether there really is good, private participation in funding these grants and incentives, whether at the end of the day the job creation turns out to be worth this approach and the dollars that we spend. As I say, there are too many examples from our sister states wherein numbers got fudged, wherein salaries were excessive, wherein there were conflicts of interest. I think that we would… we have a responsibility to our taxpayers, as we try this new approach, to make sure that we're not buying a pig in a poke and to 09900067.docx 40 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 make sure that at the end of the day we will be held accountable for the operation of this new agency."
"Well, I… I… although I stand in strong agreement with those general propositions, Lord knows Illinois doesn't have any problems with crunching numbers, conflicts of interest or payroll problems, especially in DCEO under another Governor or two, certainly they were run on the highest propriety and actually did very well, right? I mean, DCC… DCEO has been a wonderful success…"
"But we in fact had…"
"…or maybe not."
"…we had testimony in the Committee of the Whole from outside observers suggesting that our… our agency's track record, at least in recent years, had been pretty exemplary when it came to meeting its mission, meeting its goals and doing well for the economy. But never mind, we're prepared to… to work with the Governor with the new approach that he has proposed and that's what this Bill is and this Amendment is just wanting to make sure that we don't turn over the driving wheel without adequate understanding whether the track, whether the road taken is the appropriate one."
"To the Amendment, Mr. Speaker. I respect the Lady and I… I generally agree on sunsets and I think one would be potentially appropriate here. It's not three years. We already know what DCEO does and doesn't do and it doesn't do its job very well right now. We know that given empirical data, comparing Illinois and its job creation opportunities with other states particularly those states in the Midwest. We can only do better if we engage the private sector and 09900067.docx 41 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 actually act like a partner with the private sector. Indeed, it's the private sector job we want to grow. That's where we actually want to add value so there's more taxpayers, so we can provide the services citizens need through taxpaying citizens. The idea that, you know, that we put all these Amendments on maybe to call the Bill for Third, maybe not, is belied by the fact we're going to try this experiment on a three-year trial basis, which just puts the lie to the genuineness of this endeavor. Because we've been going through the process of funding DCEO for years and it has failed. It is not doing the job now. So, this idea that we're going to encumber a private-public partnership on a three- year leash, after all these Amendments, just shows how disingenuous this process again is. I again encourage my colleagues to vote 'no' or 'present'."
"Representative Wheeler on Amendment #9." Wheeler, K.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor will yield." Wheeler, K.: "Leader, I'm glad to see that you actually voted in favor of creating a version of the public-private partnership. I want to just get your sense of how long you think it will take this endeavor as you ramp up to full speed?"
"I don't know the exact number of months, but I would think that if we're putting very significant dollars into grants and tax incentive programs, that we should be able to see results within the first three years." Wheeler, K.: "I understand, I'm talking about just that building of the infrastructure, getting the word out to business… 09900067.docx 42 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 potential businesses throughout the entire country that we are actually going to use this tool correctly to build economic development for the State of Illinois. I don't see that happening in the first 6 months, maybe even the first 12 months. Now, you're looking at a window of maybe two years not three."
"Well, I would hope… yeah. I would… I would imagine actually within one year we should have pretty good data. Now, Representative, if in three-year's time we don't have a clue whether it's working because they haven't done enough, then one possibility that the Legislature could pursue would be to extend the sunset for another three years until the data is available. I would also remind the Members of this Assembly that actually last quarter Illinois ranked second in the number of new jobs, new companies coming to Illinois and that by in large our State Department of Commerce and Economic Opportunity has been given strong marks by economic development specialists." Wheeler, K.: "Leader, I'm looking at this three-year sunset and I'm trying to figure out why three years was chosen?"
"Three years seemed like time to get things started, time for the Legislature to have a second look and make sure that we didn't run into the same problems that so many other states have run into wherein people are not meeting the terms of the agreement, wherein salaries are excessive, wherein there are serious conflict of interests." Wheeler, K.: "So, you're looking at it from an oversight perspective. I, would in turn that… that…" 09900067.docx 43 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015
"But we… we are the oversight. The General Assembly traditionally plays that role. And we should play it with this new approach to economic development as we should with everything else we oversee. That's all… that's all this does. And if we don't have enough information, then the Legislature in three-year's time could choose to extend the sunset. But certainly this will give us the ability to find out what has happened even if it's just startup pains, it'll give us some good information." Wheeler, K.: "Leader, it's my understanding when we have a public- private partnership, we are inviting the private sector to invest in this not-for-profit corporation that will be then used to build economic development for our state and build awareness throughout the country that we're actually serious about bringing jobs and businesses to this state. However, when you only have a three-year sunset and I'm a corporation, I may look at it and say that's… that may not be enough time. They're not going to serious about this and consequently, I'm not going to invest. We're going to hamper the concept of what this could actually be by not giving it enough time. We can always come back and shorten things. We could do… make all the changes. We… we have oversight authority like you've already said. We don't need a sunset to accomplish this."
"We think that it's a whole lot better for the Legislature to be on notice that it has to make a decision whether to continue and if so, for how long or whether to cancel a program that is this new and has experienced so many problems in other states. If I'm a corporation looking to invest in job development in Illinois, I'm not looking at a sunset. I'm 09900067.docx 44 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 looking at the kinds of items that go into placement decisions: quality of the workforce, quality of the higher education system, quality of the schools, transportation opportunities. What… those are the kinds of things that you look at not whether or not there's a three-year sunset. And of course, a three-year sunset doesn't mean that any grant that's been awarded would be subject to the sunset. What is done is done. But it would say that the whole program needs to come back and give us… make sure we have a good second look." Wheeler, K.: "Leader, we're looking at two different things, I'm afraid. You're talking about the actual recipients of grants and those companies that would be looking to invest in Illinois."
"Right." Wheeler, K.: "I'm looking at the companies who'd actually invest in a public-private partnership. And they want to see a return on that investment. If they're going to put out tens, hundreds, potentially millions of dollars into a program like this, they're going to want to see time enough for that return on investment for the whole state."
"Right, yeah." Wheeler, K.: "Not just for a particular grant. That's why I think this three-year sunset is actually undermining the process of what we've done so far today."
"No, I… I don't agree. And remember, that most of the money in the states that has chosen this group, is public money not private in any case, 70 to 30, 80 to 20, but again, let's find out whether this works. We are willing to go down 09900067.docx 45 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 the road of compromise. We are willing to take the Governor's bright new idea. We're just trying to make sure that it is workable and that it doesn't expose Illinois taxpayers to the risk that all we're doing is sending money to somebody who's got a conflict of interest, who's pay… paying too much in salaries and not getting back money that was not appropriately invested, that we know what the value of this program actually is before we decide to extend it further. That's all this does. You know when we have most of our tax programs, tax benefits for example, those are subject to sunsets. But companies don't say, oh, I'm not going to invest in Illinois 'cause I might only get the Research and Development Tax Credit for five years. I might only get the EDGE credit for five years. Businesses don't operate that way, Representative."
"Representative Wheeler…" Wheeler, K.: "Thank you."
"…could you bring your remarks to a close?" Wheeler, K.: "Yes, Sir."
"Thank you." Wheeler, K.: "Leader, I asked to beg a difference on some of that because people look at… investors look at a state like Illinois and they look at the long-term prospects and right now, our long-term prospects don't give them much hope. This public-private partnership actually could be a beginning to how we get to where we want to be. I just feel that the sunset undermines the process, undersigns the… undermines the advantage we could have. To the Bill. Again, passing Amendment 9, again, sends the message to businesses who look at Illinois 09900067.docx 46 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 and say, are they really going to turn it around? Are they going to actually step up for the first time in a long time and make Illinois the right place to invest, the right place to create those jobs that we all need in many… some of our districts. We, again, are doing ourselves a disservice by being shortsighted about the undermine… unintended consequences of this particular Amendment. I urge a 'no' vote."
"Representative Currie to close."
"Thank you, Speaker. I think this puts the… puts the… puts on notice the managers, the operators of the 3P program to make sure they're doing a job that is accountable and is transparent. And I think that's what the business community looks to if they want to invest either in their own businesses in the state or invest in a program like this. I urge your 'aye' vote."
"Lady moves that the House adopt Floor Amendment #9 to House Bill 574. 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 63 voting 'yes', 10 voting 'no', 27 voting 'present', Floor Amendment #9, having received the requisite amount of votes, is hereby adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Leader Lang in the Chair."
"Chair recognizes Representative Gordon-Booth." 09900067.docx 47 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015
"Thank you, Mr. Speaker. It was my intent to be a 'yes' on Amendment 1 of House Bill 574 and I would like to be recorded as such. Thank you."
"Record will reflect your intentions. Barbara Wheeler is recognized." Wheeler, B.: "Thank you, Mr. Speaker. Will the House please excuse Bill Mitchell… Representative Mitchell for the afternoon."
"Thank you, Representative. Mr. Leitch."
"Personal privilege, Mr. Speaker."
"Proceed, Sir."
"It's my joy today to have with me two of my four grandchildren who are Paging. I have Dallyn and Reid Stille, who live up near Belvidere. So, welcome to the House, kids."
"Welcome. We're glad you're here with us today. House Bill 574. Mr. Clerk, please read the Bill."
"House Bill 574, a Bill for an Act concerning State Government. Third Reading of this House Bill."
"Leader Currie."
"Thank you, Speaker, Members of the House. We've debated this Bill along the way all eight of the nine Amendments. And this is the propo… the nugget of the idea behind this Bill came from the Governor's proposal for a private-public partnerships in the name of economic development. We are more than willing to meet the Governor more than halfway. This Bill reflects his original approach with some refinements of our own. We know from experiences in other states that these new ideas do not always work with appropriate transparency and accountability. What we have here is a proposal that will make sure, to the extent that we can, that there are not 09900067.docx 48 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 conflicts of interest, that the people who are the private members of this new 3P partnership are not actually benefiting from the largesse of the grants and incentives that are offered. We want to make sure that we know at the end of the day that the books are not cooked. We want to know what the actual job creation is. And yes, we want at some defined point in the future to come back and have a careful look about whether this approach actually helps the development of jobs across the State of Illinois and to what extent those jobs are good paying jobs to what extent they have stability. I would be happy to answer your questions. And I urge your 'aye' vote."
"Mr. Sandack."
"Thank you. Will the Leader yield?"
"Leader yields."
"So, why couldn't you just say, yes, I'm going to call the Bill in a few minutes, Ron? Why all the…"
"I wanted to talk…"
"…vague, coy stuff, stuff?"
"…because I wanted to talk about Amendment 9, that's why."
"Well, you got your chance. We talked about it in total."
"Too often… too often in this chamber people, when speaking longer, they talk about issues that are not before the Body. Amendment 9…"
"You've never done that and I agree with you. I just thought it would be nice to know your intentions, but we're here…"
"My intentions…"
"…and I appreciate that." 09900067.docx 49 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015
"My intentions were honorable. They always are."
"They're always honorable. And I would not suggest otherwise. Do you think this Bill, as it now encompasses all your Amendments and several other Amendments, is a better structure than what we currently have right now?"
"Then… you mean of the Governor's proposal?"
"No. I mean, what we have…"
"I don't know. I don't know."
"…for DCEO right now, Leader?"
"I don't know. I know that the Quinn turnaround legacy made Illinois the second state in the nation in terms of job creation in the last quarter of 2014. I do think that's pretty much a feather in the old cap. And I think that when we see what's happened in other states, there are risks with a public-private partnership as the main tool for economic development. But I am willing to give the Governor's idea a shot. I'm willing to help make sure that we minimize the risks that we've seen, have called other states activities into serious question. And I'm willing to say that at some point down the road, we'll have another look to see if it really was an effective approach to job development."
"Look, Leader, I'm going to ask the question again. Do you think the proposed Bill which you sponsor is a better structure than what the state now uses for DCEO?"
"I… you know, the answer is I do not know. And that's…"
"But you're willing to give it a…"
"I think… I think that as it is structured there's a good chance that it will be effective. More effective…"
"Do you think some private…" 09900067.docx 50 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015
"…less effective, hard to tell."
"Right. Do you think some private-public sec… partnerships for economic development are good and are of good faith?"
"Some of them seem to be effective. A lot of them, as I say, came a cropper. A lot of them were beset with major scandals and other difficulties."
"Are you suggesting that public economic development companies are devoid of any corruption?"
"No, I…"
"Are devoid of any problems?"
"I didn't say that at all. What I said is…"
"Well, I'm sw… 'Cause you…"
"…here's…"
"…you kind of beat up on the private sector on this. Let's be fair, right? No model is fraud free."
"Excuse me? Want to rephrase…"
"There is no model…"
"Was that a question?"
"…that's fraud free, is there?"
"I would hope that much of what we do in Illinois State Government in fact is fraud free."
"I would hope that, too. Unfortunately, we have some history…"
"But I don't know…"
"…that sometimes beckons us to be mindful that we should do things better and performance matters. And I'm going to suggest that the model that we have employed here to for, with respect to economic development, hasn't been that good. 09900067.docx 51 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 And I think this Governor has, by and large, agreed and has offered a public-private partnership as a new way of trying to incentivize…"
"And then I invite you…"
"…business."
"…I invite you to join me in voting 'yes'…"
"But this isn't the Governor's Bill."
"…for House Bill 574."
"This isn't the Governor's Bill. This is your Bill now and it… and it's… it varies markedly in many respects to the Governor. And in fact, at one time, there was an agreement… I think you were part of it… with respect to this Bill that went sideways. Isn't that correct?"
"We… we incorporated Amendment #3. And actually, that was not discussed in the… in the working group, but Amendment 4 reflects what Director Schultz told us his responsibility would be when he appeared before the Committee of the Whole."
"To the Bill. Ladies and Gentlemen of the House, it's been kind of a practice over the last two, three, four weeks for a Member of the other side of the aisle to introduce a concept as the Governor's Bill, when of course it wasn't, it never is and it won't be until and unless it is the Governor's Bill. The idea that this is better than what was originally proposed, I think the last speaker on my side of the aisle eloquently identified the problems with this Bill as it now exists. The fact of the matter is, we've got a model that's been largely unsuccessful and now, all of a sudden, we're going to do a new endeavor but put a three-year leash on it. That doesn't seem to be a genuine timespan in which to embark 09900067.docx 52 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 on a real meaningful partnership to try and engage the part… the private industry and engage private leaders to put their stake in Illinois and make better best and try and improve the landscape, the business landscape for employers but mostly employees. We really can do a heck of a lot better at job creation than we're doing. I don't think this is the genuine last effort on this or at least I hope not, because I think DCEO can be improved. I think the Governor was on the right path. I think this is a divergence and unfortunately, doesn't improve the underlying Bill. So, I would encourage a 'present' or 'no' vote. Thank you, Mr. Speaker."
"Mr. Davis." Davis, W.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." Davis, W.: "Representative, contrary to what the last speaker just said, the Governor's underlying proposal is in this Bill. Is it not?"
"It is." Davis, W.: "Okay. And we just adopted a series of Amendments that add to it, correct?"
"I would say improve it." Davis, W.: "I probably would… would agree with that as well that if there's no specific language that talks about increasing diversity. There's was no specific language that talked about the impact of what this organization would do as it relates to underserved communities. That kind of additional language does improve such a piece of legislation, correct?"
"Yes." 09900067.docx 53 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 Davis, W.: "Thank you very much. To the Bill. So, we've heard previous speakers particularly from that side of the aisle talk about that this is not necessarily the Governor's proposal. I didn't realize that we were limited only to what the Governor proposed and that we're not able to add more to try to make it better or at least what we think is better or at least those thing that are important to the districts that we represent, the districts that we serve. So, if I reflect on the Committee of the Whole, when asked is there going to be some element of geographic priority and small business priority since they have most of the jobs, the DCEO Director replied I think our responsibility at the state level is broad-based both for large employers, small employers, individual entrepreneurs and people that want to go back to work. So, I think it will have all of the elements of what… that as that person suggested here both geographically and industries specific. So, again, the DCEO Director is talking about ways in which we can improve the Bill. Again, when asked… when asked if the previ… if that person asking the question was alluding to that we are… that we have areas of the state that are really suffering with lost jobs, lost employers, and is part of the focus or do we look at where the opportunity… where there is an opportunity to grow, the DCEO Director said no. I think we have a responsibility, particularly, in low to moderate-income areas to create opportunities for companies to look at differently. Perhaps that will include incentives. Some of the legislation that we hope to propose this fall will include some of that as well. So, again, the DCEO Director is commenting on ways to make, 09900067.docx 54 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 presumably, the Governor's proposal better. When asked what percentage of the money or incentives has to have gone to businesses with 50 employers or less, the director commented, I don't have the metrics on that, but I don't believe that it's a substantial enough number, I think we ought to be more focused on small business creation. I think that's the driver of our economy and I think we ought to lose… use, excuse me, less dollars going toward large businesses. Again, when asked, my issue is this, I see a lot of money going to companies that have 2 thousand employees, 10 years later they have 2 thousand employees and then they are begging for more tax money. I've seen money not going to companies with 10 employees in that five years that still… that now have 100 employees. Is it cheaper to invest in seeds then to buy corn? Again, the DCEO Director embraced all of these kinds of issues as terms of making the original proposal better. As it relates to diversity, the director commented that it's an important element again to foster minority business development and we have intended with… within this a dedicated small business and minority business division. Again, he's talking about ways in which he thought the Bill was trying to make this effort better. And again, as we continue on, we've heard numerous opportunities for the DCEO Director to comment on ways in which he thought it could be better. So, what you in… what you see encapsulated in these Amendments, are these kinds of efforts. Now, what's interesting about what I've heard from the other side is that there was a lot of interest in trying to hurry up to pass the Turnaround Agenda because it's going to make things better in the State of Illinois. Let's 09900067.docx 55 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 hurry up and do it. So, here, we're just putting a small window on encouraging that kind of investment and now we're hearing, well, let's take our time and do it. Three years is too short; let's extend it out longer and longer and longer. Well, Ladies and Gentlemen, I think many of you would say we don't have that kind of time. We need to make these efforts right now in order to try to make the State of Illinois better or have a better business climate. So, let's not focus on a three-year sunset. Let's just push forward and encourage businesses that if they really want to do business here in the State of Illinois, that this is an effort, this is an opportunity using our Department of Commerce and making changes to it to encourage them to hurry up and make the State of Illinois better. So, don't worry about the sunset. Let's just work hard and pass this Bill to make the State of Illinois better. Thank you."
"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please record yourselves, Members. Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 60 voting 'yes', 8 voting 'no', 34 voting 'present'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Chair recognizes Mr. Ford."
“Thank you, Mr. Speaker. I just want to make a comment to the colleagues in… on Charleston, South Carolina, from the Body here, that I urge them to remove the flag from their Capitol Building. And once again, I just want to urge our 09900067.docx 56 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 colleagues in South Carolina to remove the Confederate Flag from their Capitol Building. Thank you."
"Representative Ammons."
"Thank you. I ask the Assembly to rise in a moment of silence for the victims in a small dedication to them and their families. I'd like to begin by reading their names: Cynthia Hurd, 54 years old; Susie Jackson, 87 years old; Ethel Lee Lance, 70 years old; Reverend DePayne Middleton-Doctor, 49 years old; Reverend Clementa Pinckney, 41 years old; Tywanza Sanders, 26 years old; Reverend Daniel L. Simmons, 74 years old; Reverend Sharonda Coleman Singleton, 45 years old; and Myra Thompson, 59 years old. As their families grapple with this great loss, our country also grapples with the issue of affordable health care, education reform, economic stability in the face of mass shootings that took place at Mother Emanuel AME Church in South Carolina. As shocking as it is, it is a reminder though to us of the racial and violence in American history, which have become shamelessly reacquainted as a result of this senseless killing. The senseless mass shooting has shaken a community and a nation and is only made more horrifying by what has happened and by whom. This young man took the life of nine innocent people in a place that should be a place of refuge and safety. We urge not only South Carolina to deal with the issue of the flag, but it is second to the issue of racial hatred and violence that has taken place numerous times across this country and across the South not in the '60s but in the 1990s and the 20… 20th century. We began to ask for reconciliation in the way that is truthful and honest and to deal with the racial demons 09900067.docx 57 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 that come out as a result of policy in State Houses across this country. And we ask that our families be remembered and the families of those who have lost loved ones in this year and may God bless and keep their families as they struggle through this very difficult time. Thank you."
"Body will take a moment of silence. Thank you, Representative. You may be seated, Members. Moving to page 9 of the Calendar, under the Order of Concurrence, there appears House Bill 245, Mr. Zalewski. Out of the record. House Bill 1485, Mr. Brown. Please proceed, Sir."
"Thank you, Mr. Speaker. House Bill 1485, Senate Amendment 1, addresses administrative determination of parentage and would allow for a challenge based on fraud, duress or material mistake of fact. In my particular situation, this addresses a constituent who found out, after DNA testing, that he was not the father of a child after over 14 years of believing he was so. Happy to take any questions and explain this Bill further."
"Those in favor of the Gentleman's Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Wallace. Please take the record. On this question, there are 103 voting 'yes', 0 voting 'no'. And the House does concur with Senate Amendment 1 to House Bill 1485. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3485, Mr. Davis. Please proceed, Sir." Davis, W.: "Thank you very much, Mr. Speaker. I move that the House concur in Senate Amendment #2 to House Bill 3485. The 09900067.docx 58 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 Amendment #2 simply clarified what the composition of the Fair Practices Task Force… Fair Practices and Contracting Task Force would be and makes… and it adds, in particularly, a Representative from the Illinois African-American Family Commission."
"Those in favor of the Gentleman's Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please take the record, Mr. Clerk. On this question, there are 104 voting 'yes', 0 voting 'no'. And the House does concur with Senate Amendment #2 to House Bill 3485. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3538, Mr. Wheeler. Please proceed, Sir." Wheeler, K.: "Thank you, Mr. Speaker. I move that the House concur with Senate Amendment #1 to House Bill 3538. Senate Amendment #1 simply excludes Cook County from the effect of the Bill regarding poker runs throughout the State of Illinois."
"Those in favor of the Gentleman's Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please record yourselves. Gabel, Hoffman. Gabel. Mr. Clerk, please take the record. On this question, there are 80 voting 'yes', 22 voting 'no'. And the House concurs with Senate Amendment #1 to House Bill 3538. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3593, Representative Ives. Please proceed."
"Thank you, Mr. Speaker. Senate Amendment 2 encompasses the Bill that passed out of the House unanimously on community college severance contracts. And also, limits the terms of 09900067.docx 59 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 the contract. The Amendment took out the portion dealing with rolling contracts and kept the rest of the Bill. I urge an 'aye' vote. Thank you."
"Tho… Mr. Hays."
"Thank you, Mr. Speaker. To the Bill. You know, this was a Bill that had been worked out largely before it went over to the Senate. Part of the… part of the problem with this coming back is particularly downstate, you know, this is a remedy for something that happened, that was a very serious situation at the College of DuPage. There's no question about that and I appreciate the Sponsor's work and many people's work on that. But I… but I do caution us to paint… to not paint everybody with the same brush here. It is not easy to recr… to recruit the kind of talent that you need in every corner of the state. Our community college system is diverse… as diverse as our great state and when we have somebody who is doing a spectacular and superior job as President of the downstate community college, for example, we need all the tools at our beckon call that are necessary to keep that kind of talent in our communities. I have spent a lot of time trying to attract not only people at the level of President of our local community college, but physicians and others… professionals that come in, that are highly recruited, that are highly sought after. And when we do have one that is doing a terrific job, one that has the blessing of the community, the elected board of trustees, I caution us not to water down the tools that we need to keep those kind of people in our community. For that reason, I will respectfully be voting 09900067.docx 60 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 'no', as this takes away some of the tools that are necessary in many of our areas to keep the talent that we need."
"Mr. Mautino."
"Thank you, Speaker and Ladies and Gentlemen of the House. And want to thank Representative Hays for his comments as well. I echoed… echo those comments wholeheartedly. In House Bill 3593 it was a reaction to a situation in DuPage and to a specific President who also did the same thing in another college. So, it's not the first time there. So, it is the traditional one bad apple. And I understand the scope of the problem that brought legislation like this forward, but I find it curious that if we're talking about this being a good policy and sending these forward, we don't have public universities that are included in this. We also are… quit making it more difficult for community college like mine, Illinois Valley Community College, to recruit and keep people. It's a broad-brush stroke which removes some of the local control. I'm very proud of our trustees and our board. I think they've done an excellent job. And if we're going to do this specifically, I think it is the job of the DuPage County trustees to go and do this. My understanding is that there are hearings going on specifically into this matter this summer. And I believe the Senate Higher Ed Committee was told this Bill would be held until after those hearings this summer, and the deadline would be extended to the fall Veto Session. And so, I have the concern that this is a knee-jerk reaction which will have a not positive impact for downstate. So, I thank Representative Hays for his comments. And I will also respectfully be voting 'no'. I would hope that the 09900067.docx 61 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 hearings would produce something usable for the whole state which does not damage or cause more difficulties downstate and at our treasured community colleges."
"Representative Nekritz."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, that… it's my understanding as well that the Senate Sponsor had agreed to… to what the Senate Education Com… Higher Education Committee to hold this pending some summer hearings. Do you know what happened over there that the Bill got out of… got out of the chamber?"
"My knowledge of the Bill moving off of… out of the chamber and with a small provision is essentially what I found out from like a Tribune reporter. So, I don't know how valid that is. I won't repeat it. But it seemed like there were some political games being played, truthfully. The… the truth is, is that this is a good Bill. And it is not… it is not a problem simply with the College of DuPage. And I applaud and I thank the Democrat Caucus for coming up with their investigative report on higher education compensation and severance agreements and their contracts. And it's scathing. It's only about 23 pages long and it's scathing on the types of buy outs we've been getting, not just community colleges, but also others in higher ed. And there's actually college Presidents here that they have terms that don't expire until 2023. That's eight years from now and they've already been in office. So, I don't think that there's a need to encumber future boards in terms of contracts. If you like your community college President, then sign him up again for 09900067.docx 62 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 another four-year term. So, I… there's… I agree. We need further hearings on this and not just this issue and not just at community colleges. This was a first start. And I think we need to delve into a lot more things that deal with higher education."
"Do you know whether the Senate is going to pursue this and have those hearings over the course of the summer?"
"I would hope so. I would hope maybe with your support, Representative Nekritz, that we could also do our… a House version or actually team up with them and save resources and do this together because higher education has become unaffordable, unaffordable. There are another… there… You… you walk around to the Representatives here who have kids going to college next year and on your side, on my side, they're going out of state. So, this is a big issue. And… and I… if we can get this together for this summer, if we can… I think this is something we have a lot of bipartisan agreement on and I would love to work with this… on this issue with anybody possible."
"And Representative, is there a reason you didn't… that you agreed with the Senate Amendments that were being proposed or what… why you did not file a Motion to Nonconcur?"
"I… I just actually felt like the stronger provisions of this were maintained and that was simply saying that if you have a start and an end date for a contract that is limited to four years and as it was before, it was indefinite. You could literally not even end somebody's contract. They could be held on indefinitely. And then the other strongest 09900067.docx 63 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 provision was limiting the size of a severance contract. 'Cause not only at College of DuPage…"
"So… so, Representative, you make a calculation that it would be easier to pass it this way than to… than to continue to push for the Bill that you passed?"
"That… that's correct."
"All right. I just wanted to make sure that the political considerations were taken into… into account. Thank you."
"Mr. Dunkin."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, I'm trying to get some understanding in terms of what the process you approach this legislation with. Has the… Where is the Illinois Community College Board in this regard… in this legislation?"
"Well, they are actually very proud to stand in opposition to it as far as I could tell. I asked to work with them…"
"They were very proud…"
"Oh…"
"…to stand in opposition?"
"…oh, yes. In fact, their lobbyist was in the papers, well, basically bragging that they were able to stop it in the Senate temporarily."
"Okay. That's interesting. So… so, they're against this legislation as well?"
"They were interested… I actually went to them and… and asked them to… to talk about this particular Bill. And they wanted… they wanted no restrictions at all on people with their… the length of their contract, zero restrictions. So, 09900067.docx 64 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 like I said, the current law is you could hire somebody indefinitely, no end date. And I said, well, what's the reasonable time frame? And they said there isn't a reasonable time frame. I said, well, what's your average time frame for a contract? They said four to five years. I said, okay, how about if we go with four or five years? And they would not even say four or five. They wanted no restrictions on the length of a contract which encumbers future boards. And so, when I saw how obstinate they were and quite frankly, unreasonable, because we're an at-will state and any CEO, anybody else can be fired at will. And they wanted no limitation on these contracts. So, I said to them, fine, I'm going to run the Bill with a four-year termination time frame. And it flew out of committee and it went through, unanimously, on the House Floor, unanimously. So, to have opposition now to me is a little bit shocking and especially, to have colleagues not come to me and talk to me ahead of time."
"Well, yeah, I can't speak to every colleague. Where is the Illinois Community College Trustees Association?"
"Yes, they're opposed, too, I'm sure or at least they were before. They were part of the problem. I don't know if they've slipped on this Concurrence or not. I haven't seen anything. But yeah, they wanted no restrictions. Again, they want to keep on partying like it's 1989, I guess."
"Like it's 1989?"
"Ninety-nine. Whatever the song is."
"Ninety-nine."
"I was never good with music."
"I can tell you're not a Prince fan." 09900067.docx 65 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015
"Actually, I think he's cool."
"Okay. So, let's try to get through some of the finality or some more of the nice specifics of this legislation. Essentially, you're trying to limit a severance package for 12 months?"
"Twelve months plus benefits, only for 12 months. That's right."
"So, do you have an idea of the funding sources or streams of a community college on average?"
"It's… Sure."
"Sort of what… what that apparatus looks like?"
"Yeah. They take in tuition and fees and property… local property taxes and state funds."
"So, by and large, our community college system is about… a really a loc… having a local presence in that community. That's probably why they're called the community college, correct?"
"It could be, but all these… these community colleges throughout the state, the State of Illinois are funded differently, okay, in terms of their state support just like you have on the Ed… on the K-12 education side."
"But the very nature of a co… the very nature of a community college is so it can be governed locally by the community, correct?"
"That is correct."
"So, do you think… in light of, you know… I mean, there are what 48 community colleges across this state, roughly? One of them is going to have an issue similar to this. There are going to be possibly more. So, you think we should change 09900067.docx 66 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 State Law to govern local community colleges because of a college in your district went sort of off the plantation or excuse me, the reservation?"
"Representative Dunkin, they receive state funding. So, just like our ability to have the Auditor General come in and audit them because they receive state funding so is our ability to limit the size and scope of their severance contract because it… because they receive state funding."
"But Representative…"
"I actually don't think… I don't see a need for us to even go to a year for a severance contract. In most cases, and this is the Democrats… this is the Senate Democrat talking about severance contracts."
"Are you blaming this on the Democrats?"
"I'm sorry?"
"I'm to helping… and this is one college out of 48 colleges, correct?"
"I… I suggest you read this report, this investigative report by the Democrat Senate Caucus."
"But that's… but that's."
"Please read this because it's not just one community college that is getting outlandish severance agreements and contracts way beyond a four-year time frame."
"Well…"
"It is… and it is… it is imperative that we act here at the State House to rein in the spending that's happening locally and I… you know, we do it all the time."
"Well…"
"We do it all the time." 09900067.docx 67 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015
"…well, it's relative, too, Representative. You… you highlighted very accurately the funding sources of community colleges: tuition and fees, property taxes… a large portion of what they see come from the community that they serve. And a… another portion, maybe a third or a quarter percent, some less than that, comes from the State of Illinois. As the Appropriations Chair, that's how the funding is. I'm… as to further educate you on how it's broken down. And so I think, with us coming full throttle because one college ran across some, you know, sort of a publicized tiff with its President or its leadership that we should be changing all of the community colleges as a result of one of the 48 community colleges."
"Okay. So, let me just…"
"I mean…"
"…let me just read to you a little bit from the Senate Democrat Caucus Investigative Report and this is page 21. This is under community college. Southeastern Illinois current President Jonah Rice's contract includes a provision that provides a severance of one-year's…"
"Representative…"
"…salary…"
"Representative…"
"…plus six percent."
"Representative, the… the Illinois Community College Board, the Illinois Community College Trustees Association are opposed to this legislation. They are the ones who either are the trustees of these community colleges or more importantly, the Illinois Community College Board, they're 09900067.docx 68 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 the ones who govern and regulate community colleges. And they are opposed to this legislation. And so, what I'm simply…"
"And…"
"…trying to highlight to you…"
"Yep."
"…is how is it and why is it that we should change the entire community college system across the State of Illinois because one community college that happens to touch or is located in your district that we should change the entire paradigm of what it is and how it is that we govern community colleges…"
"Because…"
"…and given… given the fact that we give them a very small revenue allocation. I'm… what I'm… what I'm arguing or trying to get some clarification is how is it that…"
"But the problem here is we don't give them a very small revenue allocation and when you talk…"
"Yes, we do, Representative. Not relative to…"
"…when you talk about the length of these contracts, they tie those severance to the length of the contract. That's why these two…"
"Representative…"
"…themes go hand in hand. Now, let me just read a little bit more here…"
"Representative…"
"…because I find this pretty interesting. Loraine…"
"…why don't you read the Bill, Representative? You know, I can… we can read… read reports all day. Let's speak to… specifically to the Amendments." 09900067.docx 69 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015
"Have you read this report, then? Mr. Dunkin…"
"I haven't read every report."
"Representative Dunkin, have you read this report?"
"I have not read your report. I want you to speak to the… the Amendment, Representative. That's what we're… we're arguing and discussing here today, correct?"
"The Amendment is a good Amendment."
"Well…"
"It starts by limiting…"
"…speak to the Amendment…"
"It starts by limiting…"
"…of why is…"
"…limiting severance contract."
"My goodness. Representative, I…"
"And what I was going to read to you is that this is not strictly a College DuPage issue. This is happening around the state where taxpayers…"
"Can I get a word in?"
"Now, you can go ahead… if you want to vote…"
"Can I get a question in?"
"…if you want to vote with the ICCB…"
"Can I get a question in?"
"Okay. I'll take a question, sure."
"Oh, my gracious, Lord. Representative, I'm simply trying to make a point of clarification of the legislation. There are reports all… all day long. What I'm simply saying is, this state provides roughly 20 percent, maybe a little bit more, but most of the time less, in terms of allocations to our community colleges. And every shoe does not fit the same 09900067.docx 70 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 because the College of DuPage had an issue this year and it was highlighted in the media that we should change the entire dynamic of how we legislate locally community colleges when we only allocate a small portion of funds to them. The lion's share of community colleges in this state receives this from…"
"Representative… Representative Dunkin…"
"…property taxes, from tuition, from mandatory fees…"
"Okay. Here's my response to this. Okay. So…"
"…from federal allocation. We give a small and so, you're paying a…"
"Here's my response to this. Then why are we regulating them? Why do just simply pass a Bill that says you have to do so much minority hiring? You have to conduct…"
"Minority? I wouldn't… Huh?"
"You have to deal with Prevailing Wage Act."
"Mr. Dunkin."
"You have to deal with our pension program. Why… why…"
"It… it's her, Mr. Speaker."
"…why are we regulating them at all, then?"
"She won't let me… she won't answer the question or allow me…"
"And… and my question to you…"
"Representative…"
"No, I am answering your question. My question is, is that we regulate them. We do a great job of, you know, threading the needle as to what we should be able to control and what we shouldn't. We have nearly…"
"To the Bill."
"…7 thousand units of government." 09900067.docx 71 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015
"To the Bill, Mr. Speaker. I respect my colleague and I certainly understand what her angst is and her intention is to try to rein in a problem in some of our community colleges. So, I'm not condemning her by no means. But what I'm simply saying, when you have the Illinois community colleges, the state regulator, when you have the Illinois Community College Trustee Association opposed to this legislation because there are one bad apple, lots of opinions. These… in the… in the local newspaper, the media, et cetera. I can't account for why the story elevated to the level that it did, but I can say this, if you have our state's Community College Board, our state's Illinois Community College Trustee Association, who do a pretty decent job at regulating and controlling spending costs, many of us here we sit on boards. We ask tough questions from Hospital Associations to local community organizations as well as community colleges. And we have, by and large, most of us have a very strong fiscal grasp in debt of spending at community colleges. We also understand, which was highlighted from some of my colleagues prior to, that it's very challenging and difficult to attract and retain certain leaders to our community colleges for various reasons. And I think this legislation simply handcuffs. It ties the hands of the college trustees, of the leaders who are representing a lot of these community colleges and this is a bad Bill, it's a bad precedent that we want to set merely because one community college, a very wealthy community college, and it received a tremendous amount of support maybe because of that, but it does not… This Bill should not allow us to condemn other community colleges across the state. And 09900067.docx 72 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 it makes sense or you… gives one pause especially if the other community colleges are opposed to the legislation. If other community trustees who try their best… by the way, they volunteer to be community college board trustees and they're opposed to this legislation as well because we do not want to restrict them in their creative way of attracting and retaining talented individuals. This is big government or a nanny approach to trying to handicap, handcuff, 48 community colleges because of one. It's a bad piece of legislation. I would encourage a 'no' vote."
"Mr. Kay."
"Thank you, Mr. Speaker. Would the Sponsor yield?"
"Sponsor yields."
"Representative Ives, I know a good deal about what transpired at that college, maybe more so than anyone in this room beside yourself, and when you talk about elevating the problem and it only applies to one college or university, that's an understatement. Certainly, elevating the problems that have been discussed today have gone above and beyond the General Assembly and other authorities and I think we ought to take this a little more seriously because, quite frankly, our oversight boards that I've heard so much about this afternoon have failed us, but they seem to lobby us because they think we're picking on somebody. So, I'm going to run down some facts this afternoon, if I could, Representative. The President of the university is Dr. Bob Breuder. Is that correct? Representative?"
"I'm sorry. I'm missed that. I'm sorry. Yes." 09900067.docx 73 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015
"Dr. Bob Breuder. And Dr. Breuder did some interesting things for the College of DuPage. Is that correct?"
"Yes."
"Did he build a restaurant?"
"Yes, he did."
"That was a multimillion dollar restaurant. Is that not correct?"
"It's still losing money, a half a million a year."
"And there is a wine cellar…"
"Yes."
"…with wine that nobody really knows what the dollar value is of the wine cellar, but we know the wine itself was purchased and used and it was used for what?"
"It was used for board members, foundation members, Dr. Breuder himself, personally, had at least a hundred thousand dollars in his own tab."
"Well, now, that's interesting. It doesn't make much difference to me whether any other community college does that. Obviously, there's something wrong here because we did have a board of trustees there. Is that not right?"
"Yes, we did."
"Sure we did. And those trustees don't exist anymore after four long years of uncovering waste and abuse and many other things I'm going to get in here today because this is a good Bill. Now, I heard that we give very little to junior colleges, but we do levy a special tax in DuPage County for them, don't we?"
"Yes." 09900067.docx 74 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015
"And we continue to increase that levy. Is that… is not that correct?"
"They held it flat only under public pressure through December."
"Well, they did increase it though over previous years."
"Yes."
"Yeah. And in fact, today they have 290 million… 291 million dollars in the bank and they asked Governor Quinn for 20 more and had no need for it. Is that not correct?"
"That's correct."
"So, what I'm saying today is that we have a lot of abuses and I'm not done quite yet and I'm hearing people say we can't get qualified people to serve. Come on, really? There's a lot of qualified people, Representatives, that will do this job and do it right and they won't run roughshod over the taxpayers who funded this school and the excesses of this man who ran that university… who literally ran over the board of trustees. Now, we've got a new board of trustees and things are a little bit better. But Representative, I want to make sure that some of my colleagues who spoke earlier understand that we used to buy with taxpayer' dollar shotguns for members of the executive group. Is that not correct?"
"It has been linked with the aid. Purchase of a gun was given to another executive as a gift… as taxpayer return."
"Yeah, a long gun, a long rifle was purchased with taxpayer dollars. That doesn't seem right to me. That doesn't seem like any… anybody is policing at that district, that college. I'm curious. Is there a foundation there also?"
"Yes, there is." 09900067.docx 75 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015
"What's the name of that foundation, Representative?"
"College of DuPage Foundation."
"Yeah. And what does that foundation do?"
"They're supposed to be a scholarship granting organization."
"And how much of that do they do?"
"I don't know the specific numbers on it, but there's too much collusion between them and the taxpayer funded college."
"Yeah. There's a lot of collusion, quite frankly. In fact, money has been appropriated for things far beyond what that foundation is supposed to do with respect to giving money to students. Let me ask you a separate question. Did you run into any scenarios where there were no big contracts from that foundation and/or the school?"
"Yes, quite a few."
"Okay. Can you tell me about any collusion between the foundation and the school itself?"
"Certainly. The foundation ran a tab at the Water Leaf Restaurant that was paid for by the taxpayers."
"Okay. Well, I see the Speaker has sat down. That means I need to quit, but I think, folks, you get the picture here that all of the… all these oversight and all of the good things we here about these governing boards didn't do one thing to save the taxpayer additional expense and it didn't rein in a rogue President and his board who he really took great pains to supervise and maintain and make sure that they did what he wanted to do. In fact, most of the decisions, Representative, as I understand it were made in closed meetings not open meetings and that's against the law. So, 09900067.docx 76 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 today, Ladies and Gentlemen, this is a good Bill. We do carve out… we do carve out legislation that deal with egregious situations which simply boil down to crass wrongdoing. And that's exactly what we have here today. You're going to hear more about this, but pass this Bill. It's a good piece of legislation. Thank you, Mr. Speaker."
"Mr. Brown."
"Thank you, Mr. Speaker. Please excuse Representative Dan Brady for the remainder of the afternoon."
"Thank you, Sir. Mr. Sullivan."
"I actually forgot why I pushed my button. So, absent that…"
"We could get back to you."
"…I will… I will yield my time to the Gentleman behind me."
"Mr. Hays."
"Thank you. To the Bill. One other comment that I failed to make the first time around is the importance of these institutions particularly in our rural areas. Danville, for example, is a community that unfortunately has been burdened with unemployment that goes as high… has gone as high as 18 or 20 percent. And the local community college has been nothing short of the catalyst for bringing together the business community and teaching those skills that are so vital to those jobs that are available. The college has been the crown jewel in reinventing an economy that largely went away. The post-World War II manufacturing economy and it takes a long time, as many of you know, to reinvent an entire economy for an entire area. As our rural schools are struggling, the 09900067.docx 77 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 local community college has stepped forward and offered those dual enrollment classes. My own son, who just graduated from high school, for the last two years has started every single day on the campus of the local community college because that was the only thing in between him and not getting the higher level course work that he needed because of the small rural high school that he attended. Dr. Alice Jacobs is the President of Danville Area Community College. Dr. Jacobs just, three weeks ago, was named to the Board of Higher Education becoming the first ever community college President named to the Illinois Board of Higher Education. This historic leader has been a catalyst as we move our community and our young people and those coming back into the workforce forward. The overwhelming majority of students seeking higher education that are the first generation seeking higher education, do it through our community college system, yet, they only get about 12 percent of the state funding. They educate about 65 percent of the students in higher education. I would submit that in our instance when we have landed on this historic extraordinary leader at a pretty modest salary, the elected board of trustees has got to be entirely in charge of the tools at their disposal to keep such a leader in the area. Sometimes it works out, sometimes it does not, but I don't think I can overstate the importance of that leadership and I know many on this floor share the same kind of stories. I thank you."
"Mr. Bennett."
"Thank you, Mr. Speaker. Sponsor yield?"
"Sponsor yields." 09900067.docx 78 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015
"Thank you. Just a couple things I'd like to add to this. I understand the concern around the College of DuPage. Tremendous information that came out of that it treated any community college as a black eye across the state in so many ways. The things we found are just truly amazing and when it was happened there. But if I may, a couple things are some of the questions that were asked earlier. ICCTA is not in favor of this. And as far as community colleges go, there are 39 districts and of these 39 districts there are 48 different community colleges. I was a trustee of one of these community colleges in downstate. I was a trustee for 19 years. I was a trus… a chairman of the board for 3 years before I came here to the House. Community colleges have been involved for over 55 years in the State of Illinois. Every piece of ground in the state is connected or tied to one community college. We have tremendous people across the state here that teach, administer, they have support and maintain the buildings as well as the school systems. The tuitions, I'm going to talk about the money aspects of this. Basically, community colleges get money from three places, folks. It comes from tuition and fees that they pay when they go to enroll for school. Money also comes from property tax. And the third place money comes is from here in Springfield. The percentages are different based on the economic values and what's going on, of course, in each individual district. But that's basically where those three pieces of money come from. You know, I've listened to a lot of concerns about this over time and what I'm concerned about is this is kind of knee-jerk reaction of what's going on. Community colleges have worked 09900067.docx 79 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 very well in so many ways for 50, 55 years. Thirty-nine school districts, 48 schools and now, I'm afraid we're getting into the boardroom of elected officials telling them on how to pay their President. I don't think that's where we belong. I don't think that's where we belong. I urge a 'no' vote. Thank you, Mr. Speaker."
"Mr. Sandack."
"Thank you, Mr. Speaker. To the Bill. There's been some interesting commentary and debate on this Bill. And I wish to add a little bit of color and context from a DuPage perspective. And I am cognizant that this Bill may be misperceived as punishing others by way of the bad thing that happened at DuPage. Let me suggest by simply reading the Bill all those fears can be allayed. There is no undue handcuffing or hurting other community colleges. This Bill is very short. It's easily read. It could have been read 15 times during the debate. It really is good government and it would apply to innocent or good community college boards and Presidents, administrations alike. All this does is say terms of contracts can't exceed three years. Think about it. Three years is a pretty long time. So, we shouldn't be encumbering future boards that manage community colleges or any other board with 10 or 15 year contracts. Certainly, good performance will be rewarded by contract renewal. That's exactly what boards should be doing. And it says these contracts should be renewed in the light of day at board meetings. No more secret meetings. No more deals behind closed doors. Simply giving the public notice that a community college contr… President's contract is up and letting… letting taxpayers weigh in on it. 09900067.docx 80 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 No, this is not going to hurt any well-run community college. It won't hurt any well-run community college board. It will simply require best practices, more sunshine and better governance, which I think inures to the benefit of all taxpayers and all community colleges. I strongly suggest a 'yes' vote. Thank you, Mr. Speaker."
"Mr. Phillips."
"Thank you, Mr. Speaker. To the Bill. I was interested in listening to some of the conversation we have here and it's amazing how we use the idea of micromanaging of all the departments we have up and down the State of Illinois. We use that when it's beneficial to the particular position that we're on that we're opposed to micromanaging whatever it is, as long as we're in favor of whatever that Bill is. And I understand that. I also understand that from a… the state universities, we aren't the major funding of those universities either. So, we micromanage them from A to Z about everything that they do. So, when you consider the funding for those consider the funding for many other particular departments that we do that we are not the major funder, but we micromanage. We micromanage how they procure things. And so, we as a Body here at Springfield generally cost most of these places more money by our micromanage or nonmicromanaging. It's the same thing here. We're put responsible for multitudes of things and we have to do the best we can. Here we have a situation where the College of DuPage blew their trust. Now, it's our responsibility, even though there's great boards out there and I agree with the colleagues that are on great boards, it's still our 09900067.docx 81 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 responsibility for the future that we make sure that that does not happen. So, I see here this is one particular micromanaging area which will benefit the people of the state. Thank you."
"Mr. Davis." Davis, W.: "Thank you very much, Mr. Speaker. To the Bill. I just heard one of the previous speakers aye… say that three years was too long, correct? Long enough? Oh, okay. You were just saying that three years is okay for this, but for a sunset it's too long. Okay. Never mind, never mind. To the Bill. One of the things that… that I'm hearing in this debate is we're talking about a community college that spends an enormous amount of money on things that are appear to be very wasteful, if you will, and that's fine. I understand that, but for me what it implies is that is there's just way too much money in DuPage County. Way too much money. If they're able to tax their residents and spend millions and millions of dollars, they have way too much money on that in DuPage County. And maybe we need to consider ways in which they can share their wealth with other poorer parts of the state, you know, to help other community colleges that don't have that kind of resource available. Maybe we need to consider how DuPage County can share its resource with other parts of the state when we're trying to reform the way we fund schools in the State of Illinois. Maybe there are things that we should consider in this debate with the… with regards to DuPage County in that respect because we hear a lot of DuPage County, you know, the schools are struggling. The K-12 schools are struggling. They don't have enough resource. If we adopt or 09900067.docx 82 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 pass Senate Bill 1 or Senate Bill 16, they'll go in the hole. They'll close their doors. Hear all of that. Well, clearly, there's a lot of resource in DuPage County. So, maybe those folks that represent DuPage County won't be so adamant in not supporting education funding reform when those Bills come up, so that we can spread that wealth to other parts of the state."
"Representative Bellock."
"Thank you very much, Mr. Speaker. To the Bill. I think we've had a lot of debate on the Bill. I think the Bill is a Bill that affects all community colleges throughout the State of Illinois. They're excellent community colleges and so is the College of DuPage. So, this addresses all community colleges. As to be about their contracts, I think it's excellent what's in there. And I think the transparency is even better. And so, I think that this is not something just directed. It was brought about because of one circumstance. But it is something that I think other people would feel transparent and support it. So, thank you very much."
"Representative Ammons."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"I just wanted to clarify two things that I didn't hear."
"Sure."
"It's a little noisy. The board of trustees in DuPage County they are elected."
"Yes, correct."
"They are elected members. And two, in this field, these ideas that came forward which I think are good ideas, why… 09900067.docx 83 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 why didn't you apply this strictly to DuPage County? Why the whole state?"
"Because we've been doing further research and obviously, the Democrats have too. And severance contracts have been a problem throughout this state. We felt like we could take a bite of the apple with the community colleges, but for sure severance contracts have been a problem at the university system, the whole university system. They've been a problem at Metra. They've been a problem in other areas. So, we need to look at all of this and that's why I think that we should have further hearings. And I think the taxpayer shouldn't be on the hook for these extravagant severance contracts. And the deal… the reason that this contract got so large and that other contracts also, severance contracts were large is related to the length of the contract that these people were under. That's why it's important to also limit the length of the contract."
"Can I just ask one additional question about the board of trustees? So, this issue that took place in DuPage County all of these members are elected."
"Yes."
"Were there any accountability on the trustees that allowed this? Obviously, they had to vote for these severance packages at the trustee level."
"Yes. So, the other part of the Bill is that these severance contracts and these rollover agreements 'cause Dr. Breuder was actually on a three-year rollover contract. That's the part that the Senate took out, which I'm dismayed about. So, we'll have to come back and take another bite at that, but 09900067.docx 84 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 they were not done in the light of the day and they were done automatically. So, this doesn't offer any automatic renewals. It says that when you bring up a new contract you have to have a public vote on it. You can't decide this in closed session. So, there were… those types of issues also will help with this Bill bring transparency for the taxpayers."
"And were there any criminal charges filed against for the misappropriation of these funds?"
"Well, there's not necessarily misappropriation of the severance contract funds yet. However, I will let the Body know that there are multiple federal investigations ongoing, multiple State Attorney investigations ongoing. We also have our own Auditor General now looking into the college. Thank you for that vote everybody. And you're also looking at additional watch dog groups coming in and FOIAing stuff. And we are finding out things, every single week something new is uncovered about what's happened there in terms of malfeasance."
"Thank you so much."
"Representative Ives to close."
"Thank you. I'll try and make this brief, but I did want to answer just a couple of the objections. One, this is not just happening at College of DuPage. And let me just prove a point with Dr. Breuder himself. So, Dr. Breuder came from Harper and at Harper, he received an early retirement benefit for five years of 30 percent of his base salary, 30 percent of his base salary for five years. He leaves Harper College. Six days later, he gets picked up at the College of DuPage. He negotiates with Harper College that he wants his taxpayer- 09900067.docx 85 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 funded Lexus SUV to go with him. They negotiate that into the deal then he six days later he goes over to the College of DuPage and also gets a car allowance, after just receiving a taxpayer-funded SUV from Harper. So, the Harper board did the same thing that you found at DuPage. Now, there's a whole other litany of lists that I can do here, but my big problem here is, where was the ICCB? He had a vote of no confidence also from the Harper faculty. Where was the ICCB in terms of looking at him, figuring out… advising the Dupage County… or the COD board before they hired him. Where were they? Absent, completely absent. So, if you think that you can… if you… you've got a choice here. You can vote with the ICCB and the ICCT. You can vote with them or you can stand up and vote for your taxpayers. This is a very reasonable restriction, very reasonable. With that I close. Thank you."
"Ladies and Gentlemen, this Bill requires 71 votes. Those in favor of the Lady's Amen… or excuse me. Those in favor of the Lady's Concurrence Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 51 voting 'yes', 44 voting 'no' and 2 voting 'present'. And the Motion fails. On the Nonconcurrence Calendar, page 10 on the Calendar, Senate Bill 838, Mr. Rita is recognized. Mr. Rita."
"Thank you, Mr. Speaker. We're going to nonconcur in House Amendment #3 to Senate Bill 838."
"So, what you're asking is that you want to recede…"
"Recede… recede from House Amendment #3."
"Would you tell us what the Amendment did, Sir?" 09900067.docx 86 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015
"We were including the auctioneers, but there's been a drafting error in the way we included them in these sunset Acts. But it does have the other provisions for the sunset Acts to… to be extended. So, we're just going to pull that part out. It was all agreed to. It was just a drafting error."
"Mr. Sandack on the Motion."
"An inquiry of the Chair. How many votes are required to recede?"
"Sixty votes, Sir."
"Sixty votes. Thank you."
"I'm sorry, Sir, I've been… I've been… I've been corrected. It requires 71 votes. Those in favor of the Gentleman's Motion to Recede will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Ple… Kifowit. Please take the record. On this question, there are 101 voting 'yes', 0 voting 'no'. And the House does recede with… from Senate Amendment #3 to Senate Bill 838. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Brown is recognized."
"Thank you, Mr. Speaker. Please excuse Representative Wehrli for the rest of the afternoon."
"Thank you, Sir. Mr. Sandack."
"Inquiry of the Chair, please."
"State your inquiry."
"I did this before. I'm going to… dare I ask again. I know next week, I'm hearing rumors that… of an expanded schedule. I'm hoping you could enlighten the House on what next week brings in July, if at all, knowable Sir." 09900067.docx 87 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015
"The House will be in Session on Tuesday and on Wednesday next week, Sir. We'll be in at noon on Tuesday."
"Thank you. What about July? Do you have any schedule yet?"
"Well, it's too earlier to tell you about July."
"Way too early."
"Yeah."
"Thank you."
"Wait 'til July. On Supplemental Calendar #1, under the Order of Resolutions, there appears House Resolution 559, Representative Wallace. There is an Amendment. Please proceed on your Amendment."
"I ask that Amendment 1 be adopted. It simply clarifies who will be involved with the task force."
"So, the Amendment's already been adopted. I apologize, Representative. Just explain your… explain your Resolution."
"Okay. Res… House Resolution 559 creates a Rockford Violent Crime Task Force to delve into the issues related to the crime in Rockford. Unfortunately, we are one of the highest crime-ridden communities throughout the state. And I ask for an 'aye' 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? Cabello, Kifowit. Please take the record. On this question, there are 100 voting 'yes', 0 voting 'no'. And the Resolution is adopted. The Chair recognizes Mr. Dunkin." 09900067.docx 88 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015
"Thank you, Mr. Speaker. A pers… point of personal privilege. I'd like…"
"Proceed, Sir."
"Ladies and Gentlemen, I'd like to introduce my nephew, Jaylen, here and my son, Kendall Dunkin. Welcome them to the chamber."
"Welcome to the House chamber. You're here just in time. Mr. Clerk, Agreed Resolutions."
"Agreed Resolutions. House Resolution 593, offered by Representative Butler. House Resolution 594, offered by Representative Kelly Burke. House Resolution 597, offered by Representative Barbara Wheeler. House Resolution 598, offered by Representative Barbara Wheeler. House Resolution 600, offered by Representative Kay. House Resolution 601, offered by Representative Walsh. House Resolution 602, offered by Representative Phelps. House Resolution 603, offered by Representative Butler."
"Those in fa… 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. The Chair recognizes Representative Golar. Representative."
"Mr. Speaker, point of personal privilege."
"Proceed."
"I would like to celebrate my seatmate. She celebrated her birthday last week. And it is Representative Litesa Wallace. And if you all would give her some love right now. Thank you."
Speaker Lang: "Happy birthday, Representative. Ladies and Gentlemen, leaving Perfunctory time for the Clerk, pursuant 09900067.docx 89 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 67th Legislative Day 6/23/2015 to House Joint Resolution 85, the House will adjourn until Tuesday, June 30 at the hour of 12 noon or until the call of the Speaker. We are adjourned."
"House Perfunctory Session will come to order. Introduction and First Reading of House Bills. House Bill 4230, offered by Representative Ford, a Bill for an Act concerning criminal law. First Reading of this House Bill. There being no further business, the House Perfunctory Session will stand adjourned." 09900067.docx 90