Illinois House Floor Debate — September 2, 2015

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

"Be led in the Pledge by Mr. Tryon."

"Roll Call for Attendance. Mr. Brown." 09900079.docx 1  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"Mr. Clerk, please take the record. There are 114 Members in attendance, the House has a quorum and prepared to do our business. Mr. Clerk, Committee Reports."

"Mr. Clerk, Agreed Resolutions."

"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. Ladies and Gentlemen, I'm about to go to Representative Barbara Wheeler on a point of personal privilege. Will the Body rise. Representative Wheeler." Wheeler, B.: "Thank you, Mr. Speaker. As many of you know, yesterday was a tragic day for Fox Lake. An officer, Lieutenant Joe, affectionately referred to the community as G.I. Joe, was killed in the line of duty, making him the 24th officer in the nation killed since the beginning of this year. Fox Lake is a small town just over 10 thousand people. It's home to the beautiful Chain of Lakes, the State Park Illinois Chain of Lakes. It's locate… it's… excuse me… it's home to hunters, fishermen, boaters, motorcycle enthusiasts, veterans, small business owners, and hardworking middle-class families. Truly, these people are the salt of the earth. The tragic event has devastated one of our close communities. It has closed the schools and many of the businesses while the manhunt continues for the murderers of G.I. Joe. I ask for 09900079.docx 4  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 your prayers, not only for the fallen Lieutenant Joe and his family, but the entire community that's affected by this fatal event. Representative Anthony knew G.I. Joe personally and later will directly speak about him. But I do ask for a moment of silence for G.I. Joe and the community. Thank you."

"Thank you, Representative. I do not see Mr. Anthony on the floor, but we'll give him an opportunity at some point during the day to make his comments. Thank you. Thank you, Members. Mr. Mitchell." Mitchell, B.: "Point of personal privilege, Mr. Speaker."

"Please proceed." Mitchell, B.: "Thank you. Just… and I know… I don’t know if Representative Scherer is on the floor, but over in Decatur we have the Farm Progress Show that’s going on. It’s every other year. It's one of the biggest agriculture exhibitions in the country. So if anyone has a little extra time, just go east on I-72 to Decatur. Farm Progress Show is going on for another two days, I believe. So, thank you."

"Thank you, Sir. Representative Scherer."

"Thank you, Mr. Speaker. I, too, would like to welcome all the residents of Illinois to the Farm Progress Show in Decatur today. It’s… it's a very big deal. We have people from all over the world there, and it'll go on for three days starting… It… it was Tuesday, Wednesday, and Thursday actually. And it'll be… not here next year, but then it'll be back the… the year after that. So it’s an every other year event, and it's a wonderful thing for central Illinois. And it’s a wonderful thing for our farmers and agriculture. Thank you." 09900079.docx 5  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"Thank you, Representative. The Chair recognizes Mr. Brown for an announcement."

"The Republicans will caucus immediately in Room 118. The Democrats will caucus immediately in Room 114. The House will be in recess until the call the Chair."

"Members, on page 13 of the Calendar, under Amendatory Vetoes, we have House Bill 219, Representative Verschoore. Representative Verschoore."

"Thank you, Mr. Speaker. I am asking to override the Governor on this. He… he was noncompliant with the… the Bill. It was originally set up for a… a district in northern Illinois, whereby one fire district wanted to go in with another district, and they were willing to take them. And the Governor wants to make it statewide. And so that's why I'm asking for an override."

"On the Motion, we have Representative Sandack."

"The Sponsor will yield."

"I asked the legislative staff and they said it was noncompliant because it's… it wanted to make it statewide rather than it was, actually, like a per district Bill or a special Bill…"

"…for that and…" 09900079.docx 6  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"Well, I wished I had one of the staff here with me. I thought maybe there would be one of them here with me but…"

"…they're not."

"Oh. Oh, right here. It… it’s a sep… a substantive change, not a technical change."

"And it has not gone through a committee or through the Senate, and/or the House. So…"

"…that's why they're deeming it noncompliant."

"Is… is…"

"The legislative…"

"…staff."

"Well…"

"…they're giving me advice. That's what I'm taking is advice." 09900079.docx 7  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"I'm… I'm not a lawyer."

"The… the Rules Comm…”

“…the Rules Committee make the decision."

"The Rules Committee makes the decision."

"I don’t know. I don't know that answer, I guess."

"Just in my opinion, Ron, I'm… I'm wanting to override this Bill."

"It's not the original Bill that I proposed on the floor, discussed on the floor. He’s changed it."

"I didn't sign… I didn’t sign a Motion to change this to Amendatory Vetoes."

"Because I want an override."

"That was not my original intent. And… this… this Bill got 108 votes, and 40… Let's see, I counted them up. There were 42 Republicans voted on this Bill originally, the way it was. So that’s another reason why I think it was a good Bill."

"Chair recognizes Representative David Harris." Harris, D.: "Thank you, Mr. Speaker. Ladies and Gentlemen, to the Motion. You know, I've been around here too long. Because I remember back in the early 1980s, when Governor Thompson was the Governor. He would take a piece of legislation and virtually rewrite it. He would start de novo and come up with new legislation, totally different from what the Legislature passed. Speaker of the House, at that time, who is the Speaker of the House right now, in my opinion, rightly said, wait a minute. That's not what the Constitution says you can do. You can amendatorily veto something, but you can't write new legislation from the ground up simply because you have the power of the pen when it comes to the Amendatory Veto. So the Speaker put into place this review that it has to be… the Amendatory Veto has to be compliant with the Constitution, a good thing. There's no doubt about it, but that the former Governor was abusing his power. Well, now, let's fast forward. Let's fast forward to where we are now. And a power can be abused on both sides of the aisle. And to not even allow Amendatory Vetoes to be considered because, guess what, 09900079.docx 10  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 sometimes the Governor does have a good idea to make legislation better. And maybe he makes some changes, some minor changes, which don’t flout the Constitution and are compliant with the intent of our Constitution. But to simply say, nope, no Amendatory Veto's going to be considered, just got to override every single Veto that the Governor issues, is wrong. It just heightens the partisan differences down here, which doesn’t do anybody any good. The Gentleman can make any Motion he wants regarding the Veto. It's unfortunate that when this and many other Bills we may see just total overrides of Vetoes when the Amendatory Veto really does make some sense. Thank you."

"Representative Breen."

"Chair recognizes Representative Mautino." 09900079.docx 11  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"Thank you, Speaker, Ladies and Gentlemen of the House. I rise in support of the Gentleman's Motion. In this Body we have a… a responsibility and something that very few people in the State of Illinois enjoy the ability to have. We have the ability to take a piece of legislation. We have the ability to create that legislation, to make it conform with our intents of what that Bill should do to direct and solve a local problem. Now, the Gentleman has risen and he has expressed his Motion to override it and why. It's because the Bill was changed. It is not meeting his intent. He had a structured intent of that Bill to do what it wanted to do. A hundred and eight of us agreed with him. It's our right and our power, as Members of this Body, to create our legislation. He was not consulted in the change and therefore, he is asking us to reinstate what his intent was as a Member of this Body. So I would agree with the earlier Gentleman, process does matter. We are elected. We are elected for a reason. This Bill was of his creation. It passed under his design to do what he wanted it to do. It was changed without his consent, and he comes back to us today to say, return this Bill to the original form that I wanted that serves my purpose in bringing it this Body to better my area. For that, I would ask for an 'aye' vote."

"Representative Nekritz."

"Thank you, Mr. Speaker. Certainly process does matter. The Constitution matters, and the prerogative of the Legislature to create laws and pass laws matters as well. And the purpose, I think, of the Amendatory… the limitation on the Amendatory Veto is to protect the integrity of the… of 09900079.docx 12  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 the General Assembly and the Legislature. That is critically important that all of us, all of us who serve in this chamber, ought to be very careful about expanding the authority of the Governor. We went through this whole legislative modernization process in the 1970s and early '80s, be… simp… precisely because State Legislatures were completely under the thumb of a… the Executive Branch. And so I think that the Constitution, as it’s drafted in the 19… in the Illinois 1970 Constitution, was drafted that way in order to enhance the authority of the Legislature vis-à-vis the Governor. And that is something, again, that we need to be very protective of. There's nothing to prohibit the Governor. If he has good ideas and wants to change a Bill like this one, there's nothing to prevent the Governor from coming in during the process. This Bill was out there for months, had to go through committee, through all the cham… all the process that we're all so familiar with. Could've made the changes then, could've made the suggestion. I didn’t hear from the Sponsor that any of those changes were suggested or brought to the Sponsor. And then the Sponsor could have made a decision about whether it was such a great idea that we had to… that we had to include it. So I think that this, the… that the Sponsor's absolutely right. He wants the Bill the way that he wants it. The legislation… Legislature voted it. The Governor has exceeded his authority on this, if that's even a question. And then… and… we should support the Sponsor on this. Thank you."

"Representative Sullivan."

"Representative Zalewski."

"Thank you, Mr. Speaker. To the Motion. And I think the previous speakers have done a nice job of debunking the idea that there’s a process problem here, at least on our side of the aisle. I would remind the Body, that we have, in this chamber over the last few years, have been more than willing 09900079.docx 14  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 to override a Democratic Governor when he's chosen to use his Amendatory Veto power when we viewed it outside the scope of his powers. This is not about partisanship. This is not about who… who's in the second floor. This is about respecting the power of the Legislature, and it’s well within the right of the Gentleman to override this Veto. You may have policy problems with the… with the Gentleman's Motion, you may decide it’s not the right choice, and you may decide that the Governor's Veto should be overridden. But as to the tone of this Bill, and as to the tone of the rest of the day, there needs to be a refocus on policy and not politics and it needs to start right now. Choose one way or the other but don’t make this about partisanship because it's not. Thank you, Mr. Speaker."

"Representative Ammons."

"Thank you. To the Bill. Thank you for acknowledging me, the Chair. I just wanted to highlight a concern, and I agree with the previous speaker, that it really shouldn’t be about politics. It actually should be about policy. This particular Bill troubled me when it came to the floor, which drew a 'no' vote for me. And it drew a 'no' vote because under… in the analysis, the bonded indebtedness of this Bill, which is seeking to disconnect a fire protection district and add it on to another district, still retains all of its indebtedness as well as picks up indebtedness… a share of indebtedness from the transferring district for which they will be joining. This has been a trouble for me of which I haven’t been able to get past at this point. And I don’t believe I'll be 09900079.docx 15  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 supporting this Bill as it stands. Thank you so much for acknowledgment."

"Representative Verschoore to close."

"I think there has been a lot of debate… a lot of good debate. I appreciate that. I just feel that the intent that when I passed it on the floor with 108 votes, and the Governor's Office did not discuss this with me, that's why I'm asking for an override. And I'd ask for an 'aye' vote. Thank you."

"Representative Verschoore moves that the Hou… that the House Bill 291 do pass, notwithstanding this… excuse me… House Bill 219 do pass, notwithstanding the specific recommendations for change of the Governor. All those in favor vote 'aye'; all opposed vote 'nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Members, please record yourselves. Clerk, please take the record. On 67 voting 'yes', 38 voting 'no', 3 voting 'present', the Motion fails. Chair recognizes Representative Flowers."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, it's truly my pleasure to welcome back, once again, our favorite colleague, Representative Monique D. Davis and her beautiful daughter, Miss Monique Conway. Would you please give them a standing ovation? Thank you. Thank you, thank you, thank you."

"Thank you, Representative, and welcome back. On page 12 of the Calendar, under Total Vetoes, we have House Bill 488. Leader Riley." 09900079.docx 16  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"Thank you, Mr. Speaker, Members of the House. I move to override the Total Veto of House Bill 488. You might remember when I brought this to you months ago, this was the Bill that added penalties, additional penalties and attorney's fees to those individuals that held themselves out to be security companies that were not licensed. And so, in many ways, basically, this is a consumer protection Bill. And this Bill, between the two Houses, only one person voted against it, and this is consumer protection. The… the ability to go out and find someone to come in and put in security alarms or video cameras or that type of thing in your house is extremely important. The Bill endeavored to be sure that there was a process that would preclude people who had not been licensed, who did not have the training, coming in doing this work. So, again, you know, I would like all of you to join me like you did before. And I move to override the Total Veto of House Bill 488."

"Chair re… recognizes Representative Sandack on the Motion."

"He indicates that he will yield."

"What… what last dis…"

"No, I… oh… oh, well, they told me that they were going to veto it."

"They told me they were planning on vetoing the Bill…"

"…but there was no prior discussion about trying to work something out. It… This is a Total Veto, unlike, of course, Verschoore's Bill."

"Of course, I did."

"I can…"

"I really could not understand his message, with respect to the Veto because, again, we're not trying to protect people whose main concern is to pull the wool over someone's eyes or hold themselves out to be something that they’re not. That's what the whole Bill is about. I read the Governor's Veto, and I understand where he's coming from, but at the same time, especially with regard to this Bill, I just don’t think that it's in order. And the way we voted, nothing's changed since this Bill was passed."

"I… I understand all of that. But…"

"…again, the… the thing that’s very important, and I don’t talk about the other Body a lot, you know, we're the House, they're the Senate. But only one person, out of potentially 177, voted against the measure. We had a robust debate in committee. We talked about all of these issues, brought the Bill up and we passed it."

"And again… you know…"

"…so that's where we are."

"I've… I've never said that, but I'm a Member of the House."

"My job is to pass law."

"I… I understand, but why are we questioning constitutionally what we do and what's usual and customary in this Body?"

"I…"

"Well… well, the…"

"No, no, no."

"I…"

"Well…”

"…I'm… I'm a pretty intelligent guy, people tell me. And I read his Veto…"

"…I read his Veto, I understand his Veto, but again, I'm in the House of Representatives. I didn't run for, you know, I could be the head of the Executive Branch. And I'm not going to demean what we do here. We can disagree on, you know, individual points of view."

"Sir, I'm making a statement just like you make statements. I'm making a…"

"…statement. Understand my… well… I answered the question too. I'm here, in my mind, to make law. I understood what the Governor said. I don't particularly agree with it."

"So I'm using my powers, as a Member of the House, to override his Veto. Overrides aren’t bad. Vetoes aren’t bad. The question is, can you get the votes to do it? I got all but one vote on the original Bill. I'm coming back, and I'm asking this Body to join me on the override. It's as simple as that."

"Representative Riley to close."

"Thank you. This is what we do. And you know, I've got a slight problem with some… you know, we are all very intelligent people. I don't know how many psychologists we have in this Body, but I'm overriding a Veto. I'm not upset. 09900079.docx 21  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 Matter of fact, I don't waffle too much anyway. I'm overriding a Veto of a Bill. My right to do it. And I'm asking you to join me to override the Governor's Veto on House Bill 488."

"Representative Riley moves that House Bill 488 do pass, notwithstanding the vet… Veto of the Governor. All those in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Members, please record yourselves. Mr. Clerk, please take the record. On a count of 67 voting 'yes', 37 voting 'no', and 1 voting 'present', House Bill 488 fails. The Motion fails, excuse me. Page 13 of the Calendar, we have House Bill 3324. Representative Christian Mitchell." Mitchell, C.: "Thank you, Mr. Speaker. This is a Bill that I believe passed unanimously out of the House. It certainly did out of the Senate last time. And… and I did, in advance to the question I'm sure I'm going to get, read the Governor's Veto message. The challenge is the Governor's Veto changed the nature of the Bill in a way that I find fundamental. What this Bill was meant to start to look at is the fact that we have a bit of an underemployment crisis in the State of Illinois. We have a lot of households that are receiving a supplement. And what I would like to know is based on data that the General Assembly already gets and is aggregating, who are some of the employers, what are some of the categories in which there is some aggregation of… of this sort of stuff. So the… the whole purpose was just reporting. Again, it passed unanimously. As I said, I read the Governor's Veto message. But I do believe his change fundamentally alters the nature 09900079.docx 22  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 and purpose of the Bill. So I would ask for an 'aye' vote in overriding the Governor's Veto."

"Speaker recognizes Representative Sandack."

"The Gentleman will yield."

"Chair recognizes Representative Demmer."

"Sponsor indicates that he will yield."

"Representative Mitchell to close." Mitchell, C.: "So I… I want to… so, thank you for your questions and for the debate. I do want to clarify the fundamental difference here, and I want to say two things. First of all, remember, everyone voted for this Bill in committee. It passed unanimously out of both Houses. The other thing I'd say is the difference between employment income which is a category of income; and employer information which includes who the employer is, size of employer, that sort of thing is a very fundamentally different thing. And what we're trying to 09900079.docx 26  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 figure out here, is with the fact that we've had a drop in unemployment, but a rise in folks receiving benefits. What is it that is leading underemployment? What are the categories that are leading on this? And… and I don't know what the original intent here was. It sounds like it might have been a technical change, but the effect of this is to effectively hide figuring out what employers, what sectors are leading us in underemployment, which is the data that we fundamentally need to make sure that working families in the state are protected. So I would… I would note that this is indeed a substantive change. It should be overridden. And I would ask for everyone's 'aye' vote."

"Representative Mitchell moves that House Bill 3324 do pass, notwithstanding the specific recommendations for change of the Governor. All those 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 70 voting 'yes', 41 voting 'no', 0 voting 'present', the Motion fails. On the Total Vetoes we have House Bill 3507, Representative Gabel."

"Thank you very much, Mr. Speaker. I move to override the Governor's Veto on House Bill 3507. This is a… a Bill that protects youth, the children 18 to 21 years old, in the DCFS program. These are youth who have been highly traumatized. Many of them haven't even come into the program until they're 17. And this Bill would allow them to stay in the program until they’re 21. The Governor's override said that there… that he had suggested some other ideas to us and that we 09900079.docx 27  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 didn’t accept them. I was never approached on… on other ideas for this program that were anywhere… that were acceptable. The other thing that this Bill does is that it also allows judges to make decisions about these youth's care. They alre… judges already have… can hear cases on delinquent minors in DCFS care. They also can hear cases on abused and neglected minors in DCFS temporary custody. And this Bill will also allow courts to have decisions about abused and neglected minors in DCFS's Guardianship Program. So to protect these children, these are our children, they are now in our care and our custody; we should give them the best opportunity they can, so they can be productive members of society. I think many of us know that at 18, they're not ready to go out by themselves. This Bill does not prevent them from going… from filing a petition. And they can become emancipated at that age. But it also allows them to continue to get the services that they need so that can be productive, and hopefully not in our DJJ system. I would appreciate an 'aye' vote."

"Members, can we please take the conversations to the rear of the chamber, so that those listening can hear the debate. Chair recognizes Representative Sandack."

"Speaker recognizes Representative Kay."

"The Sponsor indicates that she will yield."

"Yes. Some of these services are already provided, but they are… but it… this Bill would require the department to continue to serve children between 18 and 21."

"The reason that this Bill came forward is that… that the Governor's budget did not include these services to 18- and 21-year-olds."

"We felt that was a travesty that these children deserve to get the care that all of our children have and that that is why… it's also codifying a court order."

"They can be reopened; they aren’t necessarily reopened. And there are a lot of children that we are afraid that fall through the cracks at that time. I mean, if you're 18 you're still in high school, suddenly your case is closed. You don’t have a place to live. There… the department is not required to give you any services at all until that case can be reopened, possibly, possibly not."

"We… I am saying that this program should be accept… the… the children should be on this program until they’re 21, and they should not have to go through being taken off and being put back on. Their lives are inconsistent enough and this should not be something that they fear at that time."

"Then it would be DCFS's responsibility to continue to do the services that they are doing. These are just for cases that for children who are languishing in homes and have not been placed. Normally these cases are the judge says you have to place these kids and provide the services that they need. And I would…"

"…like to speak to issue about the budget, because in the past years there has not been match for this program, federal match. And the new DCFS director has proposed that he will be applying for match for these… for many of these children. And he thinks that there will be 70 to 90 percent of these kids that will receive match. And if that's true, then… then the cost of the program will go down and will actually save money. I'm concerned about that 10 to 30 percent of the kids who may be highly traumatized, who just need a little bit more care for a few more years…" 09900079.docx 31  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"…before they're sent out there."

"I… I have faith that the… that the courts and the judges who are used to dealing with these cases will make decisions that are in the best interest of the children."

"Well, I… I…"

"…we can go through a lot of what ifs, but I can't answer all the what ifs that we may come up with, with the courts. I mean, if there is an example of that, we can… we can look at that, but I think in general that these courts already make these decisions about children who are delinquent minors, children who are in temporary custody. And the advocates who work on this issue think that it would be in the best interest of the child to allow the courts to be able to step in when they feel that the… that the children are not given the services that they deserve."

"I would just say that this Bill truly protects these children, who are the most needy of all the kids, in the DCF system. And I think it will also save us money. If these kids have more of a time for transition, they are less likely to… to enter our DJJ system."

"I don't have numbers on how much…"

"…it costs… to have a kid in DJJ every year."

"Chair recognizes Representative Flowers."

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

"The Lady will yield."

"Representative, who's responsible for these children?"

"The state, both the courts, and the… the DC… DCFS program."

"So we have an obligation to take care of them, because we either took them away from their parents and they are now in our care?"

"Correct. These are the children that are under our guardianship." 09900079.docx 33  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"Is this a new program or is this something already in existence?"

"This is a program that's already been in existence. This would just be making sure that it continues, in a… in an even more positive way, with less doubt and less inconsistency."

"Is… is… So, I had the opportunity to speak with the director also. And there is a possibility… because the other side is concerned about the budget… but there is a possibility that we… we have been leaving money on the table because we have not been going after the IV-E dollars. I am correct?"

"That’s true."

"Mmm mmm. So, once again, these kids are our responsibility. We're the parents. We have not been doing our due diligence because we have left money in Washington, D.C. IV-E money does come with these children that can help with the budget. And we can either see them through education and/or incarceration."

"True."

"It is in our best interest to make sure that as parents we are good stewards by our children."

"Thank you."

"To the… Mr. Speaker, Ladies and Gentlemen of the House, I would encourage everyone to please understand what this Bill is all about. This Bill is about our children. This Bill is about the children that we have in our care. There is IV- E money that we should have been getting a long time ago to take care of these children. And this director stated that he would go after that money to assist. If we don’t take care of these kids, if we don’t give them the job training and the 09900079.docx 34  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 education that they are supposed to get, it’s going to cost us in another budgetary line item and it will be in the form of incarceration. So this is a good Bill. It’s a form of intervention and prevention. And I would truly, for the sake of all the children, for the sake of the budget, I would encourage and please beg of you to please vote 'aye'. Thank you."

"Leader Bellock."

"Sponsor indicates that she will yield."

"He has said that he will be working to… with the Federal Government to get more money for this program. He… he did not ask me directly, do not… I don't support this Bill. My concern is that even if we have match, even if 70 percent or 90 percent of the kids qualify for the match and they will continue on the program. That still leaves between 10 to 30 percent of these children without services."

"Yeah."

"Yeah."

"That… that is… that is not… So, I… I appreciate…"

"…the fact that he wants to restructure the program. It is not my understanding that you have to close a case out and reopen it in order to get that match. You can get that match just if the kids are in… are 18 and older and are… and are in either education or work situations. He wants to close the program so he can then get rid of those other 10 to 30 percent of the kids who are not in work or… or education programs. Those are the kids that I'm the most concerned about in this. They're clearly are the ones that need the help the most. This Bill will not in any way deter him from getting federal match. Even if this Bill is passed as… if we do get an override sometime today or tomorrow, this will not prevent him from getting the federal match either way." 09900079.docx 36  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"Well, they will… they will not reopen the cases for those other youth."

"So if they don't reopen the case, then they… then they don’t have a case, and they can't get the services."

"Chair recognizes Representative Feigenholtz."

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

"She indicates that she will yield." 09900079.docx 37  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"Representative Gabel, if I, under current… the current situation, am an 18-year-old child who's been self- emancipated and… and have… am in… I'm in court and I have shoplifted or done something that may be considered criminal, what… how does the court view me if I am in the system, if I am a ward of the state? Does the… how does a judge look at a child differently if they are a ward of the state over the age of 18 or if they are not a ward of the state? Aren't they more likely to end up in the DJJ system, which is probably more costly both to society as well as to the… say, the State of Illinois? I mean, if we lose 18 to 21, if this Bill… if we can't override this Veto, what happens to a kid between the age 18 and 21?"

"Well, they would then go into the Illinois Department of Corrections and be in adult court. If they were in… they would continue to be in as DCFS care, they would be more protected."

"Okay. So I think it's important for everybody in… in the room, everybody listening to this debate, to understand that having an opportunity… a judge having an opportunity to address this person, this young 18 to 21-year-old, because they are the ward of the state. Instead of putting them in the corrections system, they end up in the care of the state because, after all, they are children who we are completely responsible for. I think that there are probably a lot of people in this room who have teenagers, and some of you, your 18 or 19-year-olds were adults when they were 13. But these are not those children. These are children who have been exposed to a trauma, maybe witnessed a murder of a parent, the rape of a parent, extreme domestic violence or have been 09900079.docx 38  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 a victim of all three themselves and are having some difficulty getting launched. These are… and to one of the previous speakers, I… I agree that the director of DCFS has a great vision. He knows what he's talking about. Director Sheldon worked in this administration and has a great insight and accessibility to keep… to grant money. But we don’t have to change what we’re doing. We don't have to expose these children to the correction system which, as we all know, will set them on a path for the rest of their lives potentially of no return. Every state in this country is moving toward 18 to 21 inclusion. Why would we in Illinois do the opposite? I rise in strong support of this Bill. This is a great program. We should continue it. There should be no threats or instability to these children any longer. They are our kids, our responsibility. And I encourage an override."

"Chair recognizes Representative Wallace."

"Thank you. Will the Sponsor yield?"

"Sponsor indicates that she will yield."

"I just wanted to piggyback on some of the points that have already been made in terms of an individual, perhaps ending up in an adult correctional facility. The mental, physical, and financial capacity for an 18-year-old to provide for themselves. And so my simple question is, over the last several decades, what were some of the reasons that we had care for 18 to 21-year-olds?"

"Eighteen to 20-year… year-olds, there's a program that helps them go to college and everybody in this chamber moved that number, I think from 48 to 53 children who are now allowed to… to go to college, and we help them through various 09900079.docx 39  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 means to do that. We also help kids in an… another program where they already get accepted to college, and we don’t have their tuition waived, but we do help them with other services. This program has also helped… helped kids transition in ways where we give independent living programs, where there are particular transitional living programs, so they have a place to live while they are getting a job and moving forward with their careers."

"So it sounds like this also helps to prevent homelessness, not just our prison population. It also decreases the number of people who have mental illnesses who are in the streets without access to services."

"Yes, it provides case management, health services."

"Okay. To the override… or Motion to override. I understand what the other side is saying in the terms of the cost of such programming. And we have endured that cost for many years. We had the Representative from Cook County speak about the fact that we've left federal dollars on the table. Illinois ret… gets roughly 45 cents for every dollar that it invests into the Federal Government back. So we're not necessarily taking advantage of the things that we need to take advantage of. And if there's a possibility of a federal match, I think we definitely need to pursue that. I also believe, as a psychologist, that we need to think about the fact that many areas of the brain that control adultlike behavior are not even fully developed until an individual is 25 years old. And so we're saying we are going to cut loose 18-year-olds who've experienced trauma, which impacts their neurological development, turn them to the streets with no 09900079.docx 40  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 support, and ignore what we know as best policy, what we know as best psychological research, what we understand as ways to reduce, as I stated, homelessness, the number of individuals in our prisons, the number of individuals who are just out in the streets without jobs. And so I encourage every Member, who apparently doesn’t seem like they're listening right now, to consider a vote to override this Veto so that we can protect the young adults of the State of Illinois."

"Representative Gabel to close."

"Thank you very much for many of your comments. I… I just want to reiterate that children have to be in the program in order to receive the federal match. So it makes sense for… to me to keep them in the program, so we can get the federal match on them and… and have this program be financia… financially feasible. These are our children, as has been stated. These are our children. We're responsible for them and we need to take care of them the best that we can. So, please, I urge a… an 'aye' vote on the Motion to override. Thank you."

"Representative Gabel moves that the Hou… moves that House Bill 3507 do pass, notwithstanding the Veto of the Governor. All those in favor vote 'aye'; all opposed vote 'nay'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Members, please record yourselves. The Chair… Mr. Clerk, please take the record. On a count of 66 voting 'yes', 8 voting 'no', 30 voting present, the Motion fails. On page 13, under Amendatory Vetoes, we have House Bill 1, Leader Lang." 09900079.docx 41  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"Thank you, Mr. Speaker, Ladies and Gentlemen. I move to override the Amendatory Veto of the Governor. As you know, House Bill 1 is the Heroin Crisis Act. And as you know, many people on this floor labored for over a year to put this Bill together. Thirty-nine of us traveled the state and talked to any stakeholder or anyone with an opinion on this. Let me single out Mr. Anthony, Mr. Cabello, Mr. Yingling, and Leader Durkin as people who have been very helpful in this process along with the task force, the House Committee. As you know, this Bill passed the House 114 to nothing. In the Governor's Amendatory Veto message, he applauded the entire Bill except for one Section. I'm very pleased that the Governor saw the merit in the Bill. The Section he deleted relates to payment for medication, and services, and treatment for those on Medicaid. Let me just say three brief things about this. First, in our zeal to save money we must not forget about human life. Illinois has been ground zero for the heroin crisis in America. We've had more heroin deaths in Illinois than any state in the nation. Second, if you only cover people who have insurance, then you're telling 80 percent of the population who might have drug addictions, you're out, forget it, State Government doesn’t care about you. But most importantly, even if we're to be concerned about cost, the Governor's message, while it may have outlined the cost that would be added to a particular line item, failed to net out savings. And so, Ladies and Gentlemen, yes, there would be some cost to providing treatment and medications, but when you do that, these folks are not in emergency rooms. And when you do that, these folks go back to work and pay taxes. And 09900079.docx 42  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 when you do that, most of all they're not in the prison system. Between the courthouse and the prison system it costs us $35 thousand a year for those who end up in that system, who end up being criminals, but only costs us a thousand dollars a month to treat them and much of that is federally matchable. And so the costs involved are really not what the Governor had stated in his message. I applaud the Governor for his efforts to support a Bill like this, but I think his message took out a very, very important prevision of the Bill. As I say, just as Illinois has been ground zero for the heroin crisis, we can be ground zero for the resolution of the crisis. This is the most comprehensive Bill ever written in this country to deal with this issue. I applaud those who have helped me. I only ask that you see it to the end and that you help those who need our help. And I ask your support."

"Members, can we please take all conversations to the rear. Thank you. Leader Durkin."

"Chair recognizes Representative Willis."

"Thank you. To the Bill. Since this Bill was passed just a few short months ago, I have attended two funerals of two 25-year-olds that lost their lives to the heroin epidemic. They were both in the State of Illinois. One was in my own hometown of Addison, very middle-class, DuPage community. Another one was farther downstate. A cousin of mine got caught up in this terrible epidemic. There is not enough money that we can spend to save people. There is… it is impossible to put a price tag on it. We need to take the forefront on this. We need to be… show that we know that there's a problem and that we're going to work on, we're going to put every resource available to it to stop this epidemic, so that we no longer have to attend funerals of young people that have taken the wrong path with no place else to turn. I urge everyone in 09900079.docx 44  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 this Body to support the override of this. Thank you very much."

"The Chair recognizes Representative Sandack."

"Indicates that he will."

"Representative, I filed an Override Motion immediately. I felt that the Governor's Amendatory Veto took out an important part of the Bill. As you know, the Bill's like 250 pages long. He took out like half of one page. And people would say, well, he left most of your Bill intact, and he left most of the pages intact. But if you take 80 percent of the people who are supposed to be covered out of the Bill with… just by taking half a page out, then you obviate the goal of the Bill. And when you do that it becomes, in my opinion, not in compliance with the Constitution. But whether it was or wasn't in compliance, whether the attorney for the House of Representatives did or didn't make the correct call, I think she did, either way I would've filed a Motion to override because we can't leave 80 percent of the people at the curb." 09900079.docx 45  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"Representative, my response to that is that the Amendatory Veto was penny wise and pound foolish. We have learned, and many of you have received documents that would indicate that, for every dollar we put into treatment and medication for those who might be on Medicaid, who suffer heroin abuse, we save somewhere between $7 and $12 in the Corrections system, in the courtrooms, in emergency rooms. Additionally, we get federal match back for much of this. So during the spring Session, I had been after state agencies to give us some real numbers. And they had difficulty putting those numbers together, but whenever they did, they would forget to net out the savings. And so if you only look at one line item where something might go up and forget to net out the savings from several line items where you actually have savings to the State of Illinois, you're not looking at the full picture. In 09900079.docx 46  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 fact, IADA estimates that rather than costing the state some millions of dollars that this Bill, with this provision in it, will actually save the state $58 million."

"The Chair recognizes Representative Kay."

"He indicates that he will."

"Thank you, Sir."

"Leader Lang to close."

"I appreciate all of the comments. If we could do everything in this kind of a bipartisan way and work together, we could accomplish a lot in this chamber. Please vote 'aye'."

"Representative Lang moves that House Bill 1 do pass, not… notwithstanding specific recommendations for change of the Governor. All those 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 105 voting 'yes', 09900079.docx 48  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 5 voting 'no', 0 voting 'present', the Motion, having received a Supermajority, House Bill 1 is hereby declared passed, notwithstanding the specific recommendations for change of the Governor. On page 12, under Total Vetoes, we have House Bill 3746. Representative Mayfield."

"Thank you. This is a consumer protection Bill, and I'm hoping that I… we can continue on that spirit of total cooperation and bipartisanship. The Bill did pass with bipartisanship. There were several individuals across the aisle that did vote on the Bill. It was vetoed by the Governor. And when I received the call from the Governor's office, I asked, what were the specific objections to the Bill? And I was told that the Governor had been advised that used cars were covered under the lemon law and therefore, there was not a need for this particular Bill. Well, used cars are not… and I have to stress that… they are not covered under the lemon law, and that is why we proceeded with this piece of legislation. At the time of the Bill, there were… there was no objections. There was no… no one filed any slips. No one testified in committee against the Bill. There were no opponents to the Bill. I worked with the Attorney General's Office on the Bill, as well as the Illin… Illinois Automobile Association, Automobile Dealers Association, who represent both new and used cars. They actually helped us to draft the language for the Bill. There is a specific need for this. Since 1980, we have several years of data to substantiate that there have been thousands, every single year, complaints that come in, in regard to used cars that have been purchased. There is a reasonable expectation, even when you buy a car 09900079.docx 49  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 as-is, that you will be able to drive that car home. We've had several instances, and I can give you examples, where individuals have bought a car and it caught on fire on the way home. They've bought a car. They've driven it for two we… two blocks and actually had to have it towed back to the dealer. These cars that are being sold are not always road ready. And the individuals… they need to be… because they're taking advantage of our youth, our students. The majority of the people that are buying these cars are young. Youngsters that are in college, they're single parents, they're low- income and moderate-income families, and they're throughout the state. It's not just one district; this is happening throughout the state. And I would ask for an 'aye' vote."

"Chair recognizes Representative Sandack."

"Indicates that she will."

"Under the… the Veto that the Governor used, he addressed the 1968 Consumer Fraud and Deceptive Business Practice Act as the reason for objecting to this. And under that Act, it does not cover the used cars."

"Lemon laws are covered for new vehicles only."

"I'm sorry. Go ahead…" 09900079.docx 50  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

“Okay.”

"Okay."

"There are no laws that… there are no laws… I'm sorry. There are no… There is nothing under the lemon law that protects used cars. New… new cars only. New cars only."

"Right."

"No."

"Yes."

"Yes."

"Right. But there is a general ex… expectation that when you do that that the car will at least make it two blocks. That that car will not catch on fire as soon as you drive it out of the lot."

"There is a reasonable expectation for that, and we are addressing a specific need. We're talking over 40 thousand complaints…"

"…since 1980."

"That many people can't be wrong."

"There are some dealers that won't even allow you to drive the car off the lot. Some of them won't even allow you to test drive the car. You have to buy that car. They're allow… you can get in the car, you can start it up, but that is it. You… you don't even know if that car is road ready."

“Right.”

"Right."

"Representative, can I point out that you did vote 'yes' on the underlying Bill?"

"And I would hope that you would vote 'yes' again. This is really a good Bill. I wouldn't ask you to vote for it. I wouldn't even be here asking you to override the Governor, if it did not address a very, very specific need in the community. This is something that really needs to happen. And when I spoke to the individual from the Governor's Office, he was not even aware that used cars were not covered under the lemon law. He was very adamant that they were, and they're not."

"So and I don't believe that…"

"Yes. Yes."

"No. I'm specif… speaking specifically to the 1968 Consumer Fraud…”

“…and Deceptive Business Practice."

"Yeah."

"Right. I just want to provide a reasonable…"

"Well, just an avenue so that an individual who takes their hard earned money, you know. And I can use… give you a specific case from my district where I had a 19-year-old college student, saved his money, went and bought a car for $3 thousand. It didn't even make it two blocks. He had to tow it back to the dealership at his own expense. The dealer said, well, I'm sorry. I know you just left here, but you did buy this car as-is. But if you give me a thousand dollars, I'll give you another car."

"He called his mother, got the thousand. The second car didn't even make it home. They should not…"

"…and that person had no remedy."

"He had no…"

"No, he had no remedy."

Speaker Turner: "Shhh. Thank you, Members. Representative Williams."

"Thank you, Mr. Speaker. To the Bill. I supported this Bill the first time, and I will be supporting it again. Just to clarify a few of the issues that were brought up on the other side of the aisle. This… perhaps some of the confusion. This Bill applies to cars sold as-is. There's a big difference between the regular used car and an as-is car. And when we're talking about a… establishing a warranty on these cars, we're talking, not just a limited warranty, but a very, very, very limited warranty. Because let's face it, not everybody can afford to buy a new car. Not everyone can afford to get a lawyer to take to court when they have a situation that their car catches on fire or falls apart within minutes of its purchase. Not everyone can afford a high-quality used car. But what this Bill does is protect those who cannot afford a 09900079.docx 55  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 vehicle from buying a car that is basically inoperable. We're not talking, again, about a warranty, a lot of cosmetic issues. We're talking about a car that really is doctored up so you can get it off the lot and then forget about it. The warranty is so limited, let me read it to you: 15 days or 500 miles. It's not unreasonable. This is borderline fraud if you're providing a car, saying it's a functioning vehicle, and it's really, basically, for all intents and purposes, inoperable. I will also note that this rates between number one and number five in terms of consumer complaints to the A.G. So please continue, those of you who voted ‘yes’ the first time, please continue to stand up for consumers and vote 'yes'."

"Representative Mayfield to close."

"I just want to thank everybody for their consideration. I would ask that if you voted ‘yes’ the first time that you would vote again. And please understand that as-is cars are not covered under the current law. And I do believe, that had the Governor been given the correct information, that he would not have vetoed this Bill, or at least there would have been more conversation. I really don't think he would have had an issue with it. So I'm asking for an 'aye' vote."

"Representative Mayfield moves that House Bill 3746 do path… pass, notwithstanding the Veto of the Governor. All those 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 65 voting 'yes', 35 voting 'no', 4 voting 'present', the Motion fails. Leader Lang in the Chair." 09900079.docx 56  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"House Bill 3757, Mr. Andrade."

"Sorry."

"Please proceed, Sir."

"Thank you, Speaker. I move to override the Total Veto. Yeah. House Bill 3757, there are roughly 15 to 30 participating employers every year who have employees who work over the allotted return-to-work provision. This effects roughly 50 to 70 employees every year. This is not a significant, widespread problem. As there is over 3100 employers and 176 thousand active employees with 97 thousand pensioners, the overwhelming majority of employers correctly administer the return-to-work provisions. However, in some instances, these outlying employers have failed to inform IMRF that an employee has worked over the allotted hours. Yet, under current law, even though the fault may rest with the employer, the employee is required to pay the amount of the pension that he or she received for the time that is worked over the allotted amount. House Bill 3757 simply allows the IMRF board the ability to determine fault in these rare cases between the employee and employer. One thing to note here is that the IMRF board is four members who represent municipalities, three that represent the employees and one who represent annuities. So in order to… the employer to be found in fault, they would have to actually vote against themselves. All this does is bring parity and gives the ability of the IMRF board to do… have due process. This does not add any other new cost. That's why I'm asking to override the Total Veto. This protects the employer and protects the employee." 09900079.docx 57  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"Mr. Sandack on the Motion."

"Representative Nekritz."

"Thank you, Mr. Speaker. So I think that the… the address that was just read by the previous speaker pr… completely misunderstands and misrepresents the purpose of this piece of 09900079.docx 58  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 legislation. When I spoke with IMRF about this, they… they told a story that I think illustrates exactly why this legislation is necessary. They had a… a participant who was retired, returned to work, went to his employer. He went to the employer and he said, I am an annuitant. I'm… I'm coming back to work. Is there anything that would disqualify from… me from receiving my annuity? And the answer from the employer, the municipality, was no. There's nothing that would disqualify you from continuing to receive your pension and then continuing to work for… for us. So time went on, and I don't remember the… all the details about how long that Gentleman worked for… for that particular unit of government. But when IMRF finally did an audit, was able to do an audit and figure this out it det… they would determine that this individual owed… I think it was $300 thousand to IMRF. There was no way… He was in his 80s. There was no way that he could pay that back. And the… and because of the way the statute is written, there was nothing IMRF could do to go… to go after the employer, who made the mistake, who misrepresented the… the situation to the individual. So IMRF had no choice but to either do nothing, which then is… hurts the fund, when they could've gone after the employer who made the mistake, when all that employer had to do was to call IMRF and say, this is the situation. Is this covered by… how is this covered under current law? They had to make one lousy phone call in order to make the determination. So this legislation is not about penalizing employers that… that figure out how to do these things right. But if the employer is at fault, and clearly is at fault, the IMRF board can make that determination. And 09900079.docx 59  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 they should be able to do that, and collect what is an overpayment, and should not have been paid in the first place, and… and help with the solvency of the… of the pension system. There's nothing nefarious about this. This is absolutely the right thing to be doing. I applaud the Sponsor for trying to override and I… I think that we… there is just no reason that we should not be going after a party who is responsible for a… for… for either malfeasance or nonfeasance, but somebody's feasance is… the result is… is causing the overpayment, and that party ought to be responsible. I'd urge an 'aye' vote."

"Mr. Harris." Harris, D.: "Thank you, Mr. Speaker. Question of the Sponsor."

"Sponsor yields." Harris, D.: "Representative, I am a cosponsor of the underlying Bill, so I think I understand it fairly well. When you came to me and… and expend… explained the situation regarding employees who go back to work, and the need for them or their employer to notify IMRF that they're now back in the system, seemed fairly logical and fairly straightforward. Tell me what the Governor did. It was a Total Veto, correct?"

"Correct. It was a Total Veto. He's just saying that this would bring in an extra burden to the local municipalities. But the local municipalities are actually represented on the board. They would actually have to vote against themselves, and they would have to find it… themselves at fault. There's… they have four votes. They have four votes; there's eight votes total. So it doesn't bring an extra burden. This simply… IMRF does not have the ability to… to 09900079.docx 60  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 know… of knowing who is working at… its employers if they are not enrolled in IMRF." Harris, D.: "Right."

"The simp… here in today's technology, there's no reason why an employer cannot track the amount of hours. I mean, it's clearly it… here. What I said in… in committee was that, if the employer even gives a… a letter to the employee and says, listen, here, you also are responsible. And you sign this paper and it says, you keep track of your hours and we'll keep track of your hours. But that they could use and say, listen, we notified the employee.” Hams, D.: “Right.”

“So, I… it's… the thing here is that right now, basically, the employer can do whatever he wants. And even if he's at fault, there is no repercussion whatsoever. Basically you're saying, here, go ahead, do whatever you want, we don't care. There's no way to even bring it to due process." Harris, D.: "Right. And either… and I understand. And I… and either the employer or the retiree can notify IMRF, correct?"

"They're… both of them can… can notify it, but it… it's… they're at… right now only one person is held responsible. Only the employee is held responsible." Harris, D.: "Right. But either… either party could… could notify IMRF that the person is working. I… I seem to recall that community colleges have gotten into a situation where retired instructors are limited to the amount of hours that they can work, and if they exceed those hours, then those community colleges have an additional burden. A penalty that's assessed to them, and they have to pay that penalty. My point being 09900079.docx 61  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 that, it's the responsibility of that community college to keep track of an individual's hours, and to… to notify the appropriate system that the…"

"Correct. And now this person has become…" Harris, D.: "…the person… the person is not exceeding…”

“…eligible.” Harris, D.: “…the number of hours they're supposed to be working.”

“Right. Now, you're even…” Harris, D.: “You know…”

"Oh, sorry. Go ahead." Harris, D.: "…I will tell you, and… and not to prolong the conversation. I understand the Bill when you… when you asked me to cosponsor it. It's a logical Bill. I think in this instance perhaps, the Governor didn't clearly understand exactly what the… what the burden was, but the burden should be on that employer who can track those hours and to notify IMRF. It's not a hard… hard thing to do. You simply say, this person came back to work, and… and make sure that IMRF knows the person is once again working on a part-time basis. The employer can track the hours. I think in this instance, perhaps, an override is warranted. I suggest a 'yes' vote."

"Yeah. And one thing to keep in mind, even if the employee goes to the employer and says, listen, I think I'm reaching over 700 hours and has notified the employer, and the employer fails to take any action, he is still not held responsible because of the way the law is written right now. All this does is allows due process. That all it allows. They… I just want to keep people… to keep in mind that the board is made up of eight employees. The municipalities would have to vote 09900079.docx 62  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 against themselves, and find at fault in order for them to get charged. That's all. They… they would actually have to vote against themselves 'cause it's four to four. So I… I ask for… I respectfully… have a… for a 'yes'. If there's no other speakers."

"Mr. Sullivan."

Speaker Lang: "Gentleman has requested a verification. Mr. Andrade, have you closed? You can if you have… if think you have more to say, Sir."

"All I want you to… to keep in mind, that the board is made up and the local municipalities are represented. They would have to vote against themselves in order to find themselves at fault. All this allows is… is it allows due process. That's all I'm asking for is due process. And if… if… if they could… if… why would you allow anyone the ability to actually give themselves the right to… to break the law and not have any… any repercussions? I mean, it's just… you imagine if everything was like that? If every criminal, I mean, and everyone, they could do whatever they want, and according to the law, there's just… there's no way that… that they can actually be held responsible? I mean, I'm asking you to make the… actually have the employer have the ability to have due process. I mean, there's a couple questions that could be brought up. You know, if… does it says… why doesn't IMRF mon… monitor this information? Well, IMRF has no way of knowing who is working at its employers if they are not enrolled in IMRF. There are currently nearly 3 thousand IMRF 09900079.docx 63  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 employers, about 173 thousand members, and over 108 thousand retirees. While the fund can track those employers individually, the fund cannot know who… excuse me… who else is working there. If there is an internal audit program that finds these individuals during audits but is impossible to monitor all employers on a daily bres… basis. You know, another question could come up. Could IMRF get more money than they would have otherwise? No. This Bill does not change the total amount IMRF receives. The total amount collected by IMRF could not exceed the amount, the annuity paid to the retiree during the period he or she should have been enrolled in IMRF. The annuity would remain exclusively responsible for any member contributions that should have been paid for the period they were working in a qualifying position. I have a lot more to read, a lot more. I got like three more pages. So how will employers know what is going to be charged? Can't that be put in the statute? By nec… by necessity, how the charge will be divided between the employer and employee will be determined on a case-by-case basis. Depending on the evidence, if the employer had done everything possible to determine if the employee was an IMRF retiree, and the employee had given false information then the liability would be on the employee. If, however, the evidence shows that the employer did not do its due diligence in monitoring the employees hours, then more of the liability would be on the employer. Because IMRF has nearly 110 thousand retirees and 3 thousand employers, there's any number of different scenarios making it impossible to predict and account for them in statute. I just want to make sure people are well- 09900079.docx 64  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 informed before they vote, just in case it becomes the thing. So doesn't the retiree employer know what is going on? Are we still on verification? So what is going on? Why shouldn’t this continue to be the employee's inclusive responsibility? The employee is certainly part of the solution, but the employer has the ultimate responsibility. You know, I… I just want to make sure if someone's not here they… they… I'm… I'm giving them a chance to actually hear what I'm saying. Maybe they'll listen on the computer. So I'm… I'm just going to go on for a little bit. Has the ultimate responsibility to hire employees and oversee their schedule. Just in case they're on the computer, or they can come and… come over and… and have a chance to… to express their… their thoughts. But under the IMRF statute, it is the responsibility of the employer to certify to the fund whether an employee is authorized to participate in the fund. In addition… in addition, the authorized agent manual, who is the guide for an employer's interact with IMRF, states that the employees must determine if a new hire is a person receiving an IMRF person… pension from any previous employment. So I have a few more questions that might come up. Yeah. Are we still on verification? Okay. No. No, the Bill does… so why would IMRF be able to charge the employer without any hearing or other recourse? No IMRF is subject to the Administrative Procedure Act. The Act requires IMRF to give notice of the adverse action and give all parties the opportunity to appear for a hearing before the board. So I just… I just want to make sure that everyone is informed in case there's a verification. Repeat it? Repeat it again? Should I say it in Spanish? Por si acaso evitara 09900079.docx 65  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 employee. Know what is going on? Well, maybe not. Let me… I could ask a couple more questions. Is there something new for the employer to have to monitor? No. The Bill makes no changes to the return-to-work statutes and rules. Employers who are following the return-to-work requirements will not have any additional duties, penalties, or responsibilities under this proposal. Under the IMRF statute, it is the responsibility of the employer to certify, to find whether an employee is authorized to participate in the fund in addition to the Authorized Agent Manual, which is the guide for how employers interact with IMRF, states that employers must determine if a new hire is a person receiving IMRF pension from any previous employment. So if anyone is listening on the computer, I just got one more question and hopefully we could have everyone hear it. Is there any way an employer can track this information? Yes. If the employee is paid hourly, the employer would know exactly when the employee reaches the hourly standard. In addition, IMRF provides employers recommended checklists for… for each in determining if an employee should be enrolled in IMRF in the first question. So, I hope… I hope everyone has been well-informed. And I asked for… to allow people to have the due process, and if an employer isn't conscious of themself to actually give the ability to himself. I respectfully request a Total override of the Veto. I thank you for your patience and indulgence. May God bless you. Thank you very much."

"And God bless you, too, Sir. The Gentleman has moved to override the Governor's Total Veto of House Bill 3757. There's a request for a verification by Mr. Sullivan. 09900079.docx 66  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 So, Members will be in their chairs, staff will retire to the rear of the chamber. 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? Mr. Clerk, please take the record. On this question, there are 70 voting 'yes', 30 voting 'no', 4 voting 'present'. And the Motion fails. On the Amendatory Veto Calendar there appears House Bill 3194, Mr. Ford."

"Thank you, Mr. Speaker and Members of the House. I move to override the Governor's Amendatory Veto for House Bill 3194. And I will do a better job presenting this time. Representative Davis is here and this is her Bill, and I'm going to do my best to override this Veto. So what it does it simply makes sure that everyone in the weatherization program has the opportunity to work based on the federal weatherization program that's enacted by the Federal Law. So I move for an adoption of the Federal Weatherization Act."

"Mr. Sandack."

"Gentleman, of course, yields."

"I'm not sure."

"I'm not sure." 09900079.docx 67  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"I haven't really talked to anyone about this…"

"They are supporting."

"They're supporting the Motion."

"No."

"Nothing surprises me."

"Representative Flowers."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the Bill… I mean, of the House. I rise in support of the Gentleman's Bill. On yesterday, the director, someone from the Department of Commerce called and asked me not to support the Veto. And I asked him the reason why, and he talked about the wages. And I asked the question, are there criteria for people that works for the wea… weatherization? He said no. 09900079.docx 68  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 And he talked about how some of these people make upwards of $50 an hour or more. None of that is quite… none of that is true. As far as the prevailing wage, most of these workers that work for the weatherization program work for less than $12 an hour. When the U.S. Department of Labor con… did their survey of the weatherization wage rate in Illinois in 2009 and 2010, it found that the prevailing wage for weatherization workers was a fraction of the wage rate applicable to carpenters. And in the weatherization program, it states that a carpenter cannot deal with the doors, the windows, and carpenters are excluded from door and window replacement and work listed as performed by weatherization workers. So there is a category for weatherization workers, number one. Number two, there is an exclusion that says what a carpenter cannot do. Now, carpenters and other professional union people are licensed, and there's a certain amount of monies that they are entitled to make. What this Bill… what this Veto would do is to have people that's working in the weatherization program making less than anyone else in the state. To me, this is one of those right-to-work areas for less pay. That's not what it is that we should be doing here. I would appreciate an 'aye' vote on Representative's override for the Governor's Veto because the misinformation that is given is not the right information. And the… again, the U.S. Department of Labor conducted a survey of the weatherization wage rate in Illinois in 2009 and 2010 and it found that the prevailing wage for weatherization workers was a fraction of the wage rate applicable to carpenters and others. I would urge the support of the Gentleman's override." 09900079.docx 69  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"Mr. Ford to close."

"Thank you, Mr. Speaker and Members of the House. So the Amendatory Veto that I'm putting forth to override the Governor's Veto is just a Motion to make sure that we protect the wages of workers in the State of Illinois. And it sets the standard by which workers have to be paid. Under the Governor's Veto, he simply wants no protection for workers and they would be subject to any wages in Illinois that the employers want to pay. Of course, that could be minimum wage for skilled work. So I ask for a 'yes' vote for the Motion to override the Governor's Veto."

"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? Mr. Clerk, please take the record. On this question, there are 68 voting 'yes', 42 voting 'no'. And the Motion fails. Page 13 of the Calendar, Amendatory Veto Motions, House Bill 4113, Mr. Costello. Out of the record. Mr. Sandack is recognized."

"You may state your inquiry, Sir."

"The folks behind the wall are your people, Sir. I don't think they know." 09900079.docx 70  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"We'll see what we can do about getting you an answer. I would also like to have that answer, Sir."

“Thank you.”

"Page 14 of the Calendar, Senate Bill 650, Mr. Hoffman on a Motion to override an Amendatory Veto. Out of the record. Senate Bill 1344, Mr. Beiser. Please proceed, Sir."

"Thank you, Mr. Speaker. I'd make a Motion that the House concur with the Senate, and that Senate Bill 1344 do pass, notwithstanding the Veto of the Governor. This is the Common Interest Community Act, which passed unanimously with 1 'present' vote back in Session. And I'd be happy any questions regarding that."

"Mr. Sandack."

"Sponsor yields."

"Yes, I did, and we did have some discussions to try to come to some common ground. Unfortunately, we couldn't. They were very well… good… good discussions, but we just couldn't, Ron. And I'd want to move forward just 'cause it's a constituent request."

"Well, I… I would generally say yes. I'd always be willing to discuss it. But I think the dis… the discussions are centering around whether they could incorporate into an existing community, or be annexed, I should say. But that's… for this Common Interest Community that simply is not possible because of where they're located. I… I would suggest, too, where there's some respectful disagreement with the administration, that it has the ability to create more units of local government or make it easier. If this was taken away, the… the requirement that it go before the Circuit Court, then I would agree with that. But this simply lowers that threshold to get it before the Circuit Court. And then it… then after that, if that's successful… if that hearing's successful, then it goes to the general public for their referendum."

"Mr. Beiser to close."

"Yeah. I… I take those comments in good vein. But I would also suggest that while this does lower that threshold, it simply lowers the threshold to make it consistent with other standards of the Municipal Code, as far as this type of activity. So, I'd request an 'aye' vote on this override."

"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? Mr. Clerk, please take the record. On this question, there were 66 voting 'yes', 37 voting 'no', 2 voting 'present'. And the Motion fails. 4113, Mr. Costello."

"Thank you, Mr. Speaker, Members of the Body. I would ask you all to join me in overriding the Governor's Amendatory Veto of House Bill 4113. The original intent of House Bill 4113 was to allow a college student newspaper, the Daily Egyptian, in SIU-Carbondale to procure printing services from their local hometown newspaper, instead of having to get them from either Kentucky or Missouri. And then also, the second part of the Bill allows the two student members of the board, one from SIU-Edwardsville, one from SIU-Carbondale, to be voting members of the board. The Governor's Veto says, when 09900079.docx 73  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 it comes to the procurement for the newspapers that it should apply to all schools in the State of Illinois. The reason it specifically applies to Carbondale, is Carbondale is the school that asked for this exclusion. Other universities were contacted and said that they did not need this particular exemption. And then, when it comes to whether both sh… both students on the board should have a vote or not, currently the Governor gives the ability… appoints the ability of one of those students to be a voting member, and then that rotates. These two students from SIU-E, SIU-C, are voted into office by their peers. I believe they should be voting members of the board. Thank you. And I… I ask for your 'aye' vote."

"Mr. Sandack."

"Sponsor yields."

"So, I… I have talked to people in the Governor's Office about it. That's their opinion. The board and the President of the university feel that it would be okay to have both members voting. And… and it's a unique situation Ron, because SIU-E is in Edwardsville, SIU-C is in Carbondale. They're both under Southern Illinois University."

"So, it… it just having both voting members represent their specific campuses to me, I think, makes sense."

"So Ron, to be blunt with you, I mean, if… later on you want to do a… a trailer Bill, I don't have a problem doing that. I mean, this… this is specific to SIU-Carbondale, the intent of this specific Bill. I don't have a problem coming back, doing a trailer Bill making it apply to the other colleges."

"Mr. Sullivan."

Speaker Lang: "Your request is acknowledged. Representative Hurley, who does not wish to speak. Mr. Costello to close."

"Ladies and Gentlemen, this Bill to me is about keeping our students and their work in Illinois, in southern Illinois. You know, at the end of the day, Ron, while I understand what you're saying about the student trustees, here's one of the issues that I will tell you. In the about eight months the Governor’s been in office, he has the ability to decide which one of those student members has a vote and up until this point, he hasn't even decided which one of those students can vote. I… I think it just makes it a uniform situation where the student from SIU-Edwardsville and the student from SIU- Carbondale, which are about probably 75 to 90 miles apart, would both represent their campuses and… and have a voting right. I won't go into long-winded details or read in Spanish. And I ask for your 'yes' vote."

"Those in favor of the Gentleman's Motion will vote 'yes'; opposed 'no'. The voting is open. Members will hold 09900079.docx 76  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 their… vote their own switches; there's a verification request. 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 54 voting 'yes', 49 voting 'no', 2 voting 'present'. And the Motion fails. Mr. Morrison."

"Go right ahead, Sir, take as long as you like."

"Thank you and congratulations, Sir, to you and your family. Page 11 on the Calendar, under the Order of Concurrence, there appears House Bill 28… excuse me… 2482, Mr. Harris. Please proceed." Harris, G.: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move to concur with Senate Amendment #1 to House Bill 24… to House Bill 2482. And what this Amendment does is it would require the State of Illinois to maintain the Determination of Need score at 37, which is the… which is to protect the interests of fragile senior citizens who receive home care. It also would protect the… those who are disabled and receive personal assistance, and it would also protect 4 thousand seniors and people with disabilities who would become homeless if the DON score were to change. And this… what this Bill would say was until the Universal Assessment Tool, which is being developed by the state, is adopted and approved by the Federal Government, that we maintain our current Determination of Needs system at the current level, so that over 38 thousand frail seniors and people with disabilities do not leave services. And you know, the side benefit of this is it keeps these people in the least restrictive and least costly area of care. Should they not be able to be served at home, they would have to be moved into nursing homes or other institutions, and cost the State of Illinois perhaps 10 times more on the average per month and per year than maintaining them in their own homes. I would be happy to answer any questions and would ask for an 'aye' vote."

"Mr. Demmer." 09900079.docx 78  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"Sponsor yields."

Speaker Lang: "Your request is acknowledged. Representative Bellock." 09900079.docx 83  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"Sponsor yields."

"Representative Ammons."

"Thank you. Would the Sponsor yield?"

"Gentleman yields."

"Thank you. Just one clarifying question. This Amendment would basically, the concurrent of this Amendment, would maintain the current DON score, pending outcome of the evaluation and assessment that you referenced here?" Harris, G.: "It would maintain for people who are currently in the system that they would be kept at their… that they would not have their status changed until the state adopted the Universal Assessment Tool, and it was approved by the Federal Government. Then going forward, people would be evaluated by the more, you know, accurate tool. So what this does basically in… in shorthand version, protects seniors and people with 09900079.docx 88  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 disabilities and sort of grandfathers them in, so that they do not lose services now and get moved into a higher cost system of care while the new tool is being developed."

"And if there is an administrative rule change similar to that of the child care administrative rule change on eligibility and redetermination, would redetermination, in essence, put those people who may be qualifying today into a new bracket under the redetermination process?" Harris, G.: "This is not a redetermina… one does not have anything to do with the other, Representative."

"So it does not have the same effect as…" Harris, G.: "So this is not… this is not related to the child care issue or that process."

"Well, I was just wondering if there's a redetermination process like the child care in… in the DON score…" Harris, G.: "There is no tool that exists.”

"…for that. Thank you so much. To the Bill. The discussion of this Amendment and the acceptance of this Amendment really hinges on the issues that we face today, which is the budget mess that we're in, as well as the antiworker, antipeople agenda that has been demonstrated in this chamber today. What this Bill does and the Concurrence of this Bill is protect the most vulnerable, those of whom, I don't believe, and I don't… I hope no one in this room believes, should be bearing the cost of balancing the so-called budget problems that we have. It truly is outrageous that we are discussing whether we should kick thousands of people off disability and seniors out of services by inadvertently changing the score which seems to be harmless, according to some of our colleagues. 09900079.docx 89  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 But the serious problem here is that you are creating a duplicated system that you created for children by kicking them out of child care services. You're creating the same thing for seniors. So the most vulnerable people, the children and the seniors get kicked out of the most needed services. I ask for all of us to vote 'yes' for this Amendment and to take seriously that we in Illinois could take a page out of some progressive legislation and say, let's deal with single payer that Mary Flowers has been sponsoring for many years prior to me coming to this chamber. But the denying of this request jeopardizes home care services for seniors. It jeopardizes disability services throughout the State of Illinois. And I believe that this a good measure to protect those services and in essence protect those people. We cannot hide behind administrative processes, we need to call a spade a spade, and this process again to attempt to change the DON score is an attempt to balance this on the backs of the poor, the seniors, the disabled, and those who, in many cases, don't have voice and don't have money. And I ask that we all vote 'yes' on accepting this Amendment."

"Mr. Harris to close." Harris, G.: "Thank you, Ladies and Gentlemen, for the comments and the questions but just to go over ver… again very briefly what this Bill does, is it would maintain home-based services for seniors and people with disabilities until the new Universal Assessment Tool is passed. I think all of us understand that a growing expense that we as a… a Legislature are going to have to face in coming years, are an aging population, their health needs, their housing needs, and 09900079.docx 90  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 their day-to-day home care needs. This is a fact that's going to be with us for quite some time, and it's going to be growing, as Leader Bellock said, a growing part of our budget both for Medicaid, for the Department of Aging, and the Department of Human Services. So we need to do everything we can to be sure that we're delivering care and services in the least costly, most efficient way possible. This legislation guarantees that we will be delivering services to the most… the largest portion of the population at the least cost. The largest portion of the population, the largest number of seniors, of people with disabilities at the least cost. Not a couple times, but 10 times less than the alternative which would be to moving them into institutional care. So this is something that's important to all of our districts. You know, if the DON score were to be allowed to change 24 thousand elderly, frail persons who are currently living at home would have to be moved into nursing homes. Ten thousand people with disabilities would have to be moved out of the community and into… into institutions. And 4 thousand persons who are elderly and frail would lose both housing and services. So, Ladies and Gentlemen, this is a hu… good Bill, it is a humane Bill, but it is also the best Bill and the best value for the taxpayers of Illinois. I would ask for an 'aye' vote."

"Reminder to the Members, Mr. Demmer asked for a verification. Members will vote their own switches. Staff will retire to the re… rear of the chamber. Those in favor of the Gentleman'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? One more time, have 09900079.docx 91  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 all voted who wish? Mr. Clerk, please take the record. On this question, there are 74 voting 'yes', 13 voting 'no', 12 voting 'present'. And the House does concur with Senate Amendment #1. Excuse me. Mr. Demmer has asked for a verification, before we get too excited. Members will be in their chairs. Mr. Clerk, please read the affirmative vote. Mr. Clerk, please suspend. Mr. Demmer withdraws his verification request. 74 voting 'yes', 13 voting 'no', 12 voting 'present', the House does concur with Senate Amendment #1 to House Bill 2482. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 5 of the Calendar, House Bills-Second Reading, there appears House Bill 1048. Representative Manley. Mr. Clerk, please read the Bill."

"Representative Manley."

"Thank you, Mr. Speaker. House Bill 1048 is an Amendment to a previous Senate Bill, Senate Bill 44 that was passed. It provides for the cre… Senate Bill 44 will… provided for the creation of the Unmanned Aerial System Oversight Task Force, otherwise known as drones. This House Floor Amendment 1 will provide that within 90 days of the effective date of Senate Bill 44, that eight more Members will be appointed to the task force by the General Assembly as follows: two Members appointed by the Speaker… it's yes… two Members by the Minority Leader, two Members by the President of the Senate 09900079.docx 92  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 and two Members appointed by the Minority Leader of the Senate. I'll take any questions. I'd rather just have everybody vote 'yes'."

"Lady has moved… lady has moved for the passage of the Bill. Let's see if you can get your… Excuse me. Those in favor of the Amendment will say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."

"Third Reading. Please read the Bill."

"Do you have anything to add, Representative?"

"I have nothing more to add, but I will take any questions."

"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please record yourselves, Members. Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 105 voting 'yes', 3 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Page 11 of the Calendar, under the Order of Concurrence, there appears House Bill 1081, Mr. D'Amico. Please proceed, Sir."

"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. Mr. Clerk, please take the record. On this question, there are 110 voting 'yes', 0 voting 'no'. And the House concurs with Senate Amendment #1 to House Bill 1081. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Bennett is recognized."

"The record will reflect your intention, Sir. House Bill 3540. Representative Williams. On the Order of Concurrence."

"Thank you, Mr. Speaker. This Bill simply provides for an exemption for a liquor license for a business within my community, which is the Paulina Meat Market. If anyone's been there, it's lovely, on Lincoln Avenue just south of Addison. It also contains a provision that provides for alcohol sales on an additional college campus. So I would appreciate an 'aye' vote and happy to answer any questions."

"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, Members. Have all voted who wish? Please take the record. On this question, there are 72 voting 'yes', 38 voting 'no'. And the House does concur with Senate Amendment #1 to House Bill 3540. And this Bill, having 09900079.docx 94  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 received the Constitutional Majority, is hereby declared passed. Page 7 of the Calendar, House Bills-Second Reading, House Bill 3687, Representative Wallace. Mr. Clerk, please read the Bill."

"Third Reading. Please read the Bill."

"Representative Wallace."

"Hi. This Bill simply extends the age for receiving a high school diploma at many of our adult learning facilities from 21 to 24. I encourage an 'aye' vote."

"Mr. Sandack on the Motion."

"Lady yields."

"Thank you for that reminder. However, when you go through the Bill again, it doesn't change anything that's not already in statute. So there currently are not 21-year-olds, typically, in the classroom with a 14-year-old. So, there will be no 24-year-olds in a classroom with a 14-year-old." 09900079.docx 95  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"No. The Bill is already clear to that effect."

"Representative Wallace to close."

"Thank you for those points. This particular form of education is already part of our education budget. We're simply asking to extend the age. Also, by extending the age, we put ourselves in alignment with the opportunity to apply for more federal dollars for the training of young adults, which my local workforce connection is in… in extreme support of. I encourage an 'aye' vote, because this will not be a burden on our tax dollars, and it allows us to be open for more federal funding." 09900079.docx 96  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"Those in favor of the Lady's Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please record yourselves. Mr. Clerk, please take the record. On this question, there are 70 voting 'yes', 39 voting 'no'. Representative Wallace."

"Excuse my ignorance to this matter. Is it possible to Postpone Consideration of this matter?"

"The Bill will be placed on the…"

"Thank you."

"…Order of Postponed Consideration. The Chair recognizes Mr. Sullivan."

"We'll get back to you on that, Sir."

"Mr. Hays."

"Record will reflect your intention. Representative Manley is now happy. Page 8 of the Calendar, Senate Bills- Third Reading, Senate Bill 373, Representative Wallace. Mr. Clerk, please read the Bill."

"Representative Wallace."

"This is a… a good Bill. It's a public safety Bill. It was borne of an unfortunate incident in Winnebago County, in 09900079.docx 97  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 which a fire occurred. The hydrants did not have the water pressure appropriate to extinguish the fire because they were 'flushing hydrants'. And this Bill simply states that if there… if a municipality is contracting water that that company needs to inform the municipality of what the water pressure is so that we can continue to extinguish fires in an appropriate manner. I encourage an 'aye' vote."

"Those in favor of the Lady's Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 111 voting 'yes', 0 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Page 9 of the Calendar, Senate Bill 570, Representative Gordon-Booth. Mr. Clerk, please read the Bill."

"Representative Gordon-Booth."

"Thank you, Mr. Speaker. I move to adopt House Floor Amendment 1 to Senate Bill 570. And we can debate the Bill on Third."

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

"Representative Gordon-Booth."

"Thank you, Mr. Speaker. Senate Bill 570 is a Bill that many of us are familiar with."

"You're on Amendment 2, Representative."

"Hold on. Thank you, Mr. Speaker. Sorry for the delay. We are only moving House Amendment 1 today, at the moment."

"So you… you're withdrawing Amendment 2?"

"I am."

"Mr. Clerk, Amendment 2 is withdrawn. Mr. Clerk."

"Please hold the Bill on the Order of Second Reading, pending the note. Mr. Clerk, put Senate Bill 570 back on the board. The Chair recognizes Representative Gordon-Booth for a Motion."

"Yes. Mr. Speaker, I would like to make a Motion to rule the note inapplicable."

"Lady moves that the note be held inapplicable. On that Motion, the Chair recognizes Representative Bellock. Lady withdraws her request to speak. Mr. Sandack is recognized on the Motion."

"We're going to take a vote, Sir. Those in favor of the Lady's Motion vote will '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 68 voting 'yes', 41 voting 'no'. And the Lady's Motion prevails and the note is held inapplicable. Mr. Clerk."

"Third Reading, Sir? Third Reading. Mr. Clerk, please read the Bill."

"Representative Gordon-Booth."

"Again, thank you, Mr. Speaker. Senate Bill 570 is legislation that most of us in this room are already very familiar with. On July 1, there was emergency rules that were filed by the administration in order to manage the Child Care Assistance Program that's oftentimes called CCAP. These… these emergency rules did a few things. It will deny eligibility to 90 percent of the population that currently was eligible. So, for example, eligible… the eligibility reduction went from 185 percent of the federal poverty line to 50 percent of the federal poverty line. To go one step further, a family of two, a child and a parent, in the past, before July 1 could have made $2,403 and still qualify for the Child Care Assistance Program. After July 1, an individual… a family of two could only make up to $667 and still qualify for the Child Care Assistance Program. The copay for families was also increased. The mandatory child support 09900079.docx 100  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 compliance was also add… added as a part of the emergency rule. The criminal background check was also added for relative caregivers and adult members living within the household. Those were the rules that were added on July 1 to the CCAP program. What Senate Bill 570 would do is we would look to be a part of this… of this major public policy decision. The CCAP program effects over 160 thousand children throughout the State of Illinois. There are many families that are making decisions today, and yesterday, and last week as it relates to their ability to remain employed because of this program. Many facilities in all of our districts are laying off staff members. Many facilities in our districts are closing because of this ruling. This is not an entitlement program; this is a program that folks age out of regularly. And so when those children age out of the CCAP program, because of the new eligibility requirements, there is very little ability to bring… to allow children to be a part of the CCAP program, which allows working families, primarily young women, it gives them the ability to go to school and to go to work. And for historical context, the CCAP program was born 20 years ago '95, '96. At the federal level, there was a very large nationwide Welfare to Work Reform that was passed throughout the United States. And CCAP was borne out of that, because we made a public policy decision that we are better off allowing young women to work, allowing working families to work, and leave their children in a safe environment than we are to essentially leave them to the welfare rolls. This is a successful program throughout the state. This is a loathed program throughout the state. The children that are 09900079.docx 101  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 part of this program and the families that are trying to do nothing more than make a living for themselves should not be a part of this budget stalemate. The changes that Senate Bill 570 would make is we would return to the income eligibility as it was on June 30, 2015, and that would be 185 percent of the federal poverty line. It would also state that DHS would not have to comply with the required mandatory child support ruling. The reason why that is important is because we have women throughout this state that end up accessing the Child Care Assistance Program merely because they were in relationship with someone who they are now trying to get away from because of domestic violence issues. We're… what we're saying through this sort of public policy, through rule- making authority, is we're saying, although you are escaping someone who has abused you, we're going to require that that individual now knows where you live. And any of us that have ever been in a relationship, or that know anyone that has ever been a victim or survivor of domestic violence, that it's often the last thing that you want to do, is give your abuser your address. What Senate Bill 570 would do is it would assist eligible parents in accessing potential child support payments. So we're not allowing people to walk scot-free and not pay child support for the children that they have taken part in making, but what we are doing is we are giving young women, and maybe some not so young women as well, the ability to be safe from their abusers. 57… Senate Bill 570 would also remove the rule-making authority through CCAP. That's important because a Bill… an issue of this magnitude that affects this many people throughout our state, it should go 09900079.docx 102  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 through the normal public policy-making process. Meaning, it should be a… a Bill that gets introduced, either in the House or the Senate, and we have a full on airing, and we allow stakeholders from around the state to take part in that conversation. So whatever effects that are made because of that Bill, we have the ability to engage our constituents. Obviously, that didn't happen with the emergency rule-making. This would also provide that copayments must be returned to June 30, 2015 levels. Going forward, it would provide that a department may increase copayments no more frequently than once every six months, at a rate that shall not exceed 5 percent of inflation, whichever is less. And copays should also not exceed 20 percent of a family's income. I think it's also important for us to remember, we oftentimes talk about the necessity of being a business-friendly state. Well, the individuals that are caring for hundreds of thousands of children in our state, they are also businesses. They are businesses that are anchored in our communities and in many of our neighborhoods. They are caring for our children as we are working. When those businesses don't have the ability to exist, it not only affects that particular facility, it not only affects the child, it not only puts that parent… it takes that parent out of the workforce and it sends that parent to the welfare rolls, but it also affects all of the tertiary businesses that engage in that day care facility. So on average any day care facility has extended contracts with accountants, with janitorial services, with food services. These are all businesses… these are all… this is in… this is a very real economy that has been created in Illinois, and 09900079.docx 103  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 what this emig… with this emergency rule, all of that is being destroyed. So what we are saying here today is that we would like to hit the reset button on this issue. We'd like to start over. We would like this to be a bipartisan process. We would like this to be a transparent process. And we would like the stakeholders at the table. I am open for any questions."

"Mr. Riley in the Chair."

"The Chair recognizes Leader Bellock."

"She indicates she will."

"What this… what this legislation would do is it would put the Legislature in a position to make decisions anytime there are decisions that have to be made as it relates to the child care program. So, yes, it would."

"From a public pol… Go ahead. I'm sorry."

"From a public policy standpoint, what it would do is it would put the Legislature in this… in the position to actually have input in that process."

"Sure."

"I… I'm sorry. But I can't hear you."

"So let me just share with you a… a bit of what it does."

"What the Bill does is it requir… it takes away the mandatory language that was a part of the emergency rule. Again, to my earlier point, because we all know or have been familiar with victims of domestic violence, and the issue that we took with that is that obviously we all want folks that have children to pay for their own children, to pay their child support, which is exactly why we added to the Amendment that the state may assist in all eligible parents in accessing potential child support payments. The reason why we use the word 'eligible parent' is because oftentimes you have parents who are perpetrators of domestic violence. And oftentimes women have to access this program because they are trying to 09900079.docx 105  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 get away from their abuser. And what we're saying from a public policy standpoint is we don’t want women to have to alert their abusers… to their abusers where they're living."

"I… I'm sorry. Leader Bellock, please don't… Members, you know, there's sort of a dull roar going on. Can we… this is a very important Bill. A lot of Members are asking for quiet, and I'm doing the same thing. So can you just bring the noise dow… level down, please. Proceed."

"What I would say to that is the way that the emergency rule is written, many women who are trying to start their lives over likely would not even access a life-changing program that would allow them to go to work, to go to school, 09900079.docx 106  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 to better their lives because they're trying to escape their abuser. The way that the emergency rules are written, you must… your abuser would then know your address. They would know where you live, and so the decision to change that comes from a decision largely based on what happened in New York. You know, New York tried this as well, and it failed miserably. It failed miserably. So our thought today is, why don’t we give DHS the ability to assist… assist folks in acquiring the child support that they need and that they deserve to better take care of their children? I… I highly doubt that there are folks out there that are… that need child support but don't want it, right? But we also are very clear that there are a lot of women, there are thousands of women throughout this state that are trying their best to escape an abuser…"

"…and the way that the emergency rule is written, you would be notifying your abuser of exactly where you are living. And that's what we're trying to prevent."

"I'm… maybe you can inform me, but I'm not aware of any paternity issue that's a part of this legislation. This is about the Child Care Assistance Program."

"Yeah."

"Right. That's… to your earlier point, that is keenly connected to the child support issue, right? So those two issues are the same."

"Establishing paternity in order to go after child support, right?"

"Right. So we're… so we're talking about the same thing."

"And I… and I agree with you. I think that obviously, there are very few perfect Bills that come to this chamber. But I would dare say that this program, it's important to me, I… I've known you for some time…"

"…I know it's important to you…"

"…but I would also say that this legislation is so incredibly important 'cause folks like you, and folks like myself, and all of us in here should have the ability to weigh in to this process. What's happened is none of us had the ability to weigh in. So, as our constituents are engaging us, and they're wanting to know how… how could something like this happen? How could this poss… how could you possibly do that to us? Well, unfortunately, I tell them I didn't have anything to do with that. And so I think on today, what we’re saying is, let's hit the reset button. Let's start over in a bipartisan way working together. I think we can do a little bit better than this. I know we can do better than this. But it requires us to work together. And what happened is this was done in the dark of night, and there was no transparency to this process. And so, obviously, there are always going to be some things that we can do better, gen… reforms that have to happen, I'm not antireform, but I think that we need to hit the reset button as it relates to the Child Care Assistance Program, and we need to start over. Because right… 09900079.docx 109  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 as of today, you have… we have thousands of children throughout this state that are being denied access to quality child care. You have thousands of parents who are making the decision either to go to work or to go on welfare and receive even more state benefits because this program doesn't exist. This isn't one of those, well, if we don’t do this today, then three years from now we're going to end up paying out more. If we don't do this today, we're paying more today."

"Members, shhh. Please, this is a very important measure. There's a lot of people that want to speak on this very important Bill. But we would ask you to be succinct… as 09900079.docx 110  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 succinct as you possibly can be. The Chair recognizes Representative Sandack."

"Sponsor yields."

"What this Bill will do is it will change… it will change the eligibility."

"So in the sense that an actual cost, the effects of this Bill would be no more than making a public policy decision, that as the policymaking Body of this place, we're going to have input as it relates to what happens with the Child Care Assistance Program."

"We passed legislation that would've provided $480 million to this program. And this would not be an expansion, more a maintenance of efforts… of what we've already been doing with the Child Care Assistance Program."

"Well, I would daresay, by prohibiting 90 percent of the previously currently eligible people to this program, would have a much further, greater impact than $47 million throughout the state."

"The Chair recognizes Representative Christian Mitchell." Mitchell, C.: "Thank you, Mr. Speaker. To the Bill. What's interesting about this is you hear a lot of Governors, a lot of politicians around the nation talk about moving people 09900079.docx 112  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 from welfare to work. What interests me about this, the rules that have made this Bill necessary, is it seems that Governor Rauner's the only politician I know of who wants to move people from work to welfare. And what I mean by that is I've talked to people in my district. I've knocked on doors in my district. And folks have told me that their dare… day care centers are shutting down. That means good paying jobs that aren't happening anymore. I've talked to mothers who know… who don't know not tomorrow, not next week, but today, they don't know how they're going to go to work without the ability to have child care. So this… when people talk about what this is going to cost, think about what not doing this is going to cost us right now. In terms of jobs foregone, in terms of a ladder of opportunity removed from working mothers in my district and in districts all around this state. This is a very good Bill. It makes sure that we can't dismantle our most successful anti-poverty program; that we can continue moving people from welfare to work. This is a good Bill. Vote 'aye'."

"The Chair recognizes Representative Cassidy."

"Thank you, Mr. Speaker. I don't know that I could say it better than my colleague just did. The point here is that this very much will be the prime example of the most penny- wise and pound-foolish policy we could ever hope to see in the State of Illinois. I met with one of my providers this week. They're turning away four out of five applicants because of these new eligibility requirements. And he told me of a facility that the state built, I believe in Joliet, at the… to the cost of $3.5 million. We spent the money already. We 09900079.docx 113  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 built the facility already. And they can't get enough kids to fill it because of these eligibility requirements. The women, mostly women, mostly minority, who are walking into the Howard Area Community Center looking for child care and being told they don’t qualify, are quitting their jobs on the spot. Is this really the policy we want to establish as a state? Is this really the priority of the state? To tell people, no, don't bother going to work. Don't bother getting your children quality early childhood education ‘cause we have to save some money and we're going to save it on your kids' backs. Enough already. Vote 'yes'."

"The Chair recognizes Leader Lang."

"Thank you very much, Mr. Speaker, Ladies and Gentlemen. In many ways, this relates to an issue that came before JCAR a couple of weeks ago. The… the agency sent a woman, who no longer works there, into JCAR to defend the rule. Our concern first was that the rule that was provided by the administration was an emergency rule, without going through the normal course, without going… jumping through the normal hoops, and without public scrutiny or comment. That point of view was rejected by the Republican Members of JCAR. But we brought this state employee, who was trying to support the rule on behalf of the Governor, to the table. The rule that this Bill addresses, the rule that changes eligibility requirements so 80 percent of the people applying no longer qualify. And when she came to the table, I asked her a couple of important questions, which I think are relevant here today. The first question I asked her was, well, I know you're here defending the rule, and I know you think it ought to be an 09900079.docx 114  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 emergency rule, I know you have fiscal concerns, and I know you think it has to be done right now, but what will the direct impact of this rule be on the child care delivery system in the State of Illinois and on the people who rely on it? And she gave me a one-word answer, and that answer was devastating. It would have a devastating impact on those who need child care in the State of Illinois. And I went on to ask her if this rule meant that many, many people who today work would have to actually quit their jobs and become impoverished to take care of their own children? And the answer was yes, thousands. And so let's put these two facts together… three facts together. Number one, an emergency rule that was not an emergency that was clearly not well-thought- out. Two, a rule that would have a devastating impact on the child care delivery system in the State of Illinois. And three, a rule that would cost thousands of people their jobs and impoverish them, perhaps, adding to our Medicaid problem. At a time when the Governor of the State of Illinois and all of us have been talking about putting people to work, we actually adopted a rule at JCAR, unfortunately, that will cost thousands of people their jobs, and cost us more money on other line items, particularly Medicaid line items. The rule was poor. The rule was inappropriate. It should not have been an emergency rule. It should have gone through the appropriate process and unfortunately, the woman that told the truth at JCAR is no longer working for State Government. This Bill will remedy that rule. This Bill will keep us from having a devastating impact on the child care delivery system and will keep thousands of people working. Why would anybody 09900079.docx 115  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 be against this Bill under any circumstances? This Bill provides a moral compass. This Bill provides a way out for some of the neediest people in Illinois to allow their children to be taken care of while they take care of their families by working. This is an important Bill. And it requires your 'aye' votes."

"The Chair recognizes Representative Demmer."

"Representative Demmer requests a verification on Senate Bill 570. The Chair recognizes Representative Ammons."

"Thank you, Mr. Speaker. To the Bill. I guess I ask myself a couple of questions. Woul… Would we rather pay more money out of TANF than to allow people to work? I… I couldn't understand how we could even have the discussion that we're having today on this particular Bill. This rule has had a devastating effect already. I'm going to repeat that. This rule has had a devastating effect already. The Ounce of Prevention organization has it right. This is the worst thing you can do to working families in Illinois. And so I have to do an analysis of what does this mean, Senate Bill 570, as I listen to my colleagues argue back and forth on this Bill. And it came to a conclusion that this Bill creates a recession for the poorest working people in Illinois. It creates a recession for the poor by making them lose their jobs because they can't afford child care and sends them to the unemployment and the welfare line. A vote 'yes' for this Bill says that I am pro-woman, because many of these are women who are trying to provide adequate child care for their children. 09900079.docx 116  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 That I am pro-child, because I want them to be in a safe environment, free from harm and possible hazards. That I am pro-business, that I want these people to continue to work and to contribute to our economy. That I am anti-TANF, I don't want people to have to go back to where they have come from, from TANF and receiving other welfare programs, but we want them to be able to work. What we saw happen with the administrative rules is that it encroaches on the responsibility, I believe, of the Legislature to pass Bills, to create reforms that make sense for this state. What was the emergency? I think I've asked this question to some of the more experienced Members of this House. And the only thing I can come up with is that the poorest of the poor, the children and working mothers largely, and working families should carry the burden of the budget deficit, and we must save this money on their backs. One of the things that I just heard is that there was no matrix. There was no matrix to say how much is this going to cost us? We already know how much it costs because we already had the program before the emergency rule-making. And because I can't understand the emergency, the emergency is that we have a budget deficit that was not created by child care, but we're going to put that burden on child care recipients and make the majority of the people ineligible. I believe this is an insidious kind of act that took place, to use emergency rule-making to change eligibility. And it has an insidious outcome, to make over 80 to 90 percent of those who would be eligible under low-wage earnings ineligible. It is a backwards policy, and we need to correct it by passing Senate Bill 570. And I encourage all 09900079.docx 117  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 Members in this House, who believe in the safety of children and the ability of working families and women to work, to vote 'aye' on this Bill."

"The Chair recognizes Representative Ives."

"Excuse me, Representative.”

“Representative, I'm sorry. Members, let's hold the noise down. Let's hold the noise down so everyone can testify. Proceed, Representative."

"The Chair recognizes Representative Sullivan."

"Proceed."

"The Chair recognizes Representative Wallace."

"Thank you. I just have one question for the Sponsor."

"The Sponsor yields."

"Thank you. Are we making policy, or are we playing respectability politics in here today?"

"The effect of this legislation would deem it paramount to come to this policy-making Body when making changes to the Child Care Assistance Program. We are making good policy."

"Thank you. To the Bill. The overtones, undertones, implicit and explicit ongoing stereotypes of what working families look like, I believe, is at the core of why we have cut so many services in this current discussion, or have voted not to fund services because we believe that a particular segment of people don’t deserve something. We think those people don't deserve child care assistance. Those people don't live in my district. The people in my district are the taxpayers, and the people in other districts are not. And then we are so willing to put victims of domestic violence at risk by saying you must provide your contact information, your address to the very person who abused you, which is perhaps why you are now a single parent, and need child care assistance. We also are forgetting the fact that although we somehow recovered from our recession, we have more low-wage jobs than at any other points. Minimum wage does not provide for a family; and therefore, there are plenty of two-parent 09900079.docx 121  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 households where there's a mommy and a daddy who need child care assistance. So for all of these moral judgments and all of this whole idea of what's respectable and who deserves what, that's not what we're here to decide. We are not here to decide anybody's moral stance in life and whether or not they are worthy of receiving something. There is an eligibility requirement that was already in place. There were already processes to check on income of the household. How do I know? Because six years ago, I had child care subsidies myself. And was I just some lucid woman who didn't know who the daddy was and had no education and had no nothing? No. I was a woman with a master's degree, a broken engagement due to domestic violence, who picked up the pieces of her life and part of doing that was receiving child care subsidies. Another point, we are talking about people being able to better themselves, go on to sustainability and financial sustainability, but we will not allow for course work or class time in higher education to be covered under the current rule. So, yeah, we'll get you a high school diploma; however, in many situations, without a high school diploma, additional certifications, or some form of higher education, you cannot go on to provide for yourself without public assistance. But we will say, no, we won't pay for you to go to college. I have a constituent, white… right now in her last year of nursing school who cannot complete her BSN in nursing because the emergency rules do not allow for course time to be covered as part of what they will pay for with the subsidy. Now, if we're saying that we want to save this state dollars, then we would throw every vote in this chamber on this Bill because 09900079.docx 122  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 one dollar investment… invested gives us seven dollars in our economy, for this type of service. But it's not about the money 'cause if it was about the money, we wouldn't be standing here right now. If it was really about what was bettering lives, we would all make sure that everybody had access to it. So, go ahead, don't vote, or vote 'present', but please know that what you are doing is setting our children up for failure, and you're ultimately setting our economy up for failure, and you are ultimately stating that you do not care about working families."

Speaker Riley: "The Chair represent… the Chair recognizes Representative Jack Franks."

"Thank you, Mr. Speaker. I… I can't believe some of the arguments I've heard today. I would say it's inconceivable, but I heard it so. I mean, it was misogynistic, some of the arguments that we heard today. Uncalled for, I… I've never heard that type of argument. I don't understand why anyone would be against the dignity of work, in allowing people to work so they could be productive members of society. I mean, why would the state's position be that we'd rather pay welfare instead of giving poor, working people a leg up so they can move up and become self-sufficient and do better for them and for society? This, Ladies and Gentlemen, is a pro-business Bill because it keeps people working. It keeps businesses with a dedicated workforce that are going to be showing up, that are going to be able to do their jobs who are skilled. I got calls last week from a child care provider in McHenry County who's about to close down because of what's happening. I felt terrible for her, but I felt worse for those families 09900079.docx 123  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 who had no place to put their kids. Imagine yourself having to make a determination on what you're going to do with your kid or whether you're going to go to work. We shouldn't be in that position. This makes sense. What doesn't make sense is the argument that somehow, because of our ineffectiveness to do our job with the budget that these people ought to be punished. Let me remind this Body that the Governor gave a… gave a Bill… introduced budget that was $2 billion out of whack. This Body passed a $4 billion unbalanced budget. I didn't support it 'cause it was unbalanced. But Ladies and Gentlemen, understand that Moody's yesterday said… Moody's yesterday said that we are now spending $6 billion more than we bring in, $6 billion more. So for my friends on the other side of the aisle who didn't like the $4 billion unbalanced budget, how do you like this? This is crazy. We've… we're the only state in the union who could screw up gambling. We're the home state of Al Capone, for crying out loud, and we can't even pay out on lottery. This is an embarrassment. So don't hide behind a budget issue here. This is about human dignity. And if you want to pay for it, let's pass a Bill that will close some loopholes. Really, do we need to have an offshore drilling exemption for $25 million? There's no drilling in Illinois. Would we want to protect those folks? Are we protecting Exxon? We'd rather protect Exxon than protect working mothers? Wake up. Please vote 'aye'."

Speaker Riley: "The Chair recognizes Representative David Harris." Harris, D.: "Ladies and Gentlemen of the House, thank you very much. And I'm going to address what this Gentleman just said. 09900079.docx 124  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 Twenty-five million dollars in offshore drilling allowance? Sure, we can get $25 million in an offshore drilling allowance. But guess what? Guess what? The deficit's billions. So, unless you're looking at the income tax, unless you're looking at the sales tax, you're not going to close the gap. It's not going to happen. Ladies and Gentlemen of the House, what are we doing? What are we doing? You know, we have a federal judge that says, make these payments, and if you don't make the payments, you're going to be held in contempt. The state is going to be held in contempt of court. The federal judge has absolutely no idea what our finances are. Guess what? At the federal level, they have a printing press, so that her paychecks gets paid every month or week or however long she gets paid. We're operating on continuing appropriations, on consent orders, on court orders. Guess what? We had a State Fair. We had a State Fair and that… We had a State Fair because the budget for the State Fair is contained in the… the appropriation for the Department of Agriculture. Oh, wait a minute. We don't have an appropriation for the Department of Agriculture, but we have a State Fair. We can't make child payments, but we have a State Fair. Does anybody see the incongruity in that? Yeah, you can say yes. But you know what? You know what? We are all at fault. We are complicit in this problem. We are complicit in this problem. We are enablers of our Leaders. I have had any number of discussions with colleagues on my side of the aisle, on the Rep… on the Democrat side of the aisle, and they say why? Why? There is a middle ground. There is a middle ground. Now, we're not going to get all the money that… that my Gentleman… 09900079.docx 125  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 my friend from… from McHenry County thinks we're going to get simply by closing loopholes. It's going to take revenue. That's taxes, for those who don't like the term revenue. But you know, it's fair to say there's a middle ground on some of these other issues as well. There's a middle ground on prevailing wage. There's a middle ground on project labor agreements. And we don't have to eviscerate collective bargaining to get to the middle ground. The State Legislatures are… are Leader-driven institutions. They are Leader-driven institutions. Nothing happens unless the Leader moves legislation… legislation through the process. Nothing happens unless the Governor says I'm willing to sign the legislation. So knowing that, let me say this. Governor Rauner, Speaker Madigan, President Cullerton, Leaders Radogno and Durkin, I implore you. I beseech you. I beg you. Stop this madness. The great state, our great State of Illinois, this… this Land of Lincoln is going to end up where we were four and five and six years ago with 7, 8, 9 billion dollars of back bills that we can't pay because, you know what, I'm not a very bright guy, but I know this. We're going to bring in 32 billion, maybe 32 and a half, with the tax structure that we have now. We are on autopilot and no one… no one disagrees that we are not going to spend any less, at the current rate, than 37, 38 billion dollars. That's $5 billion in difference. What are you going to do when the money runs out? I don't care what a federal judge says. If the Comptroller doesn't have the money in the account, they can't send out the check. Our state and… and we sit here, our state is being driven to the brink of a 09900079.docx 126  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 financial abyss, and we sit here and watch it happen. It's got to stop. Thank you."

"The Chair recognizes Representative Tryon."

"He indicate… she indicates she will."

"The Chair recognizes Representative Flowers."

"Thank you, Mr. Speaker. I know exactly what the Governor should do. He should call for a financial transaction tax. That will put an end to all of this. You know, I find it interesting. I really, really, really find it interesting that we could talk about all the taxes that we need to raise. Well, here's a group of people, they're not paying no taxes at all. So after we get their taxes, then we can start talking about what other taxes we need to raise, but not off the backs of the babies. Not off the women that's trying to work. You know, I also have a better understanding of what the Governor means by a turnaround tax. You know, back in the day for those of you who may not be old enough to remember, there was what you call Aid to Family with Dependent Children. And the difference was between Aid to Family with Dependent Children and TANF. Aid to Family with Dependent Children wanted the mothers to stay at home, not work, not go to school. The more babies they had, the more income they got. That did not help our situation. And then, fast forward to 1996, we came up with TANF. The difference is, TANF want you to work. But now, 09900079.docx 129  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 here we are today, with TANF and a Governor that's trying to mix Aid to Family with Dependent Children and TANF. You cannot have it both ways, Mr. Governor. If you want parents to work and get off TANF and be independent, remove this block off of child care. And if there are some women, or men, who are using child care that should not be doing so, then you knock them off. That's what you do. And as far as the fathers are concerned. Ladies and Gentlemen, let me explain one thing to you. We have been through five or six wars; there's a lot of daddies that will not be coming back. So let's not have that discussion. And there's a lot of fathers as well as mothers who would love to be able to contribute to their families, but they're not allowed to do so because they were falsely incarcerated. There are a lot of parents out there that would love to be able to support their families and support their children, but unfortunately, they cannot because there are no jobs for them. And the jobs that you do want them to work, I'm sorry, but that is not enough of them to contribute to their family, go to school, go to work, and become better persons. So if this Governor, if this Governor and all of us want to really make some changes and stop pointing fingers and stop picking on working people, stop picking on poor people that's trying to work. And then, the poor working people that you're going to accuse of making too much money because they're working three part-time jobs to make ends meet, if we want to continue that conversation, we can do that, and have no resolve. But if re… if we really want to make some changes, let us sit down, step up, shut up, and let's talk about a financial transaction tax. We know that it 09900079.docx 130  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 will not bring in millions of dollars. No, no, no. It will bring in billions of dollars. Billions of dollars that has never been to the State of Illinois. Billions of dollars that could make a difference in regards to education, in regards to the infa… infrastructure, in regards to day care, in regards to all the problems that we have been held hostage for… for the last six to eight weeks. We can now make a change. So any time you guys are ready, just call us. And we'll meet you, so we can have this discussion. Thank you very much."

"Leader Gordon-Booth to close."

"Mr. Speaker, I knew that this debate would be interesting. Unfortunately, we have moved to a different place in this Body. We've talked about a lot of things today. We've talked about Exxon Mobil, we've talked about the State Fairs, we've talked about who deserves the dignity… the dignity of work and who doesn't. We've talked about AFSCME legislation, financial taxes, Moody's opinion on what our deficit may be, and we've also talked about who is your baby daddy. But let's be mindful, again, of what this really is. Senate Bill 570 is a pro-business Bill that'll allow those of our communities that are healthy, that are willing, that want to pull themselves up by their bootstraps, those that no longer want to be a tax taker, but a tax maker. This Bill is in response to a unilateral decision that was made that excludes 90 percent of the eligible people who should have the dignity of work. Not… by not voting 'yes', be very clear what you're telling your constituents. You're telling your constituents that you don't think that we need to hit the 09900079.docx 131  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 reset button and start this over in a bipartisan process. What you're saying is that you're comfortable sending them from work to welfare. These programs that exist in all of our communities are economic engines. And by not voting 'yes', we are tearing those economic engines down. Be very clear that a family that makes minimum wage… let me say that again… a family that makes minimum wage would no longer qualify for child care. That's a sad day in Illinois when we talk about trying to be a much more business-friendly state, when the least of these who we are sent here to uphold, who we are sent here to advocate on behalf of. If you don't vote 'yes', you're turning your back on them. Be very clear. There's been a lot of conversation about how we pay for this. I would like to engage in that conversation, and let's start with many of the tax loopholes that exist in this state. Let's start on that tonight. Let's work on that tonight, because to me, this is a priority. There are over 50 cosponsors on this Bill, and I didn't work with any of them to get on this Bill. But you know why they got on this Bill? Because they have constituents in their district who are poor, who are trying to go to school, who are trying to do their… to do their level best by their families, and all they need is a little hand up. That's all they're asking for. By voting 'yes', you are investing in children, you are investing in families, you are investing in the economic engines that are in every single district in this state, not just mine in central Illinois, not just the members who reside in the northern part of Illinois. Everybody has folks in their community who, for at no fault of their own, they are a part of an economy that simply does not make 09900079.docx 132  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 a living wage that allows them to go to work, pay for child care, pay rent, pay mortgage, and a utility bill all at the same time. Doesn't allow for it. So the bottom line is this. If you care about children in this state that are poor, and them having the ability to access a high-quality child care, that helps to prepare them for pre-K and kindergarten, vote 'yes'. If you care about the parents in this state that want to have the ability to work, that want to serve as a role model to their children so that their children can break a cycle of poverty, so they don't continue to see families do nothing but accept a welfare check. If you want to help those families get off the… stay off the welfare rolls and continue to work, vote 'yes'. If you believe that investing in the children of this state is a priority, if you look at the children in your district, the poor children of your district, if you don't look to those children as Democratic kids or Republican kids, you would vote 'yes'. If you want to do the right thing by the poor families, by the poor children of your district, and give them an opportunity to do this very same things that your children are doing, do the right thing. Vote 'yes'."

"Members, Representative Demmer has requested a verification, so all staff retreat to the back of the chamber. Members, vote your own switch. Senate Bill 570 requires 71 votes. So the question is, ‘Shall Senate Bill 570 pass?’ All in favor vote ‘aye’; all opposed vote ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Have all voted who wish? Representative Gordon-Booth, would you like to put 09900079.docx 133  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 this measure on Postponed Consideration? Excuse me. Mr. Clerk, take the record. With 70 voting ‘yea’, 8 voting ‘nay’, 31 voting ‘present’. Postpone Consideration, Representative?"

"Yes. Mr. Speaker, I would like to Postpone Consideration and move the Bill to Second Reading, please."

"Mr. Clerk, put this Bill on Postpone Consideration but move the Bill to Second Reading. Mr. Clerk, read the Bill."

"Representative Gordon-Booth."

"Mr. Speaker, I would like to move the Bill to Second Reading and adopt House Amendment 2."

"The Bill is on Second Reading. Representative Gordon… Stand fast. Representative Gordon-Booth, you wish to bring back House Amendment #2 for adoption."

"Correct."

Speaker Riley: "The Chair… the Chair records… recognizes Representative Sandack."

"Withdrawn is not table. Withdrawing is not the same as tabling the Amendment. She's actually making a Motion to be able to vote on Amendment #2." 09900079.docx 134  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"Well, there is no… there is no rule…"

"…to do that, so…"

"The ci… well, we operate under House… we operate under House Rules and not Robert's Rules of Order. And so, to that extent, there…"

"Yeah. There is… there is no rule which says that… the sa… you know, that there's a… that you can't bring an Amendment back for adoption that was not tabled."

"State your point."

"We will get a parliamentary opinion. Senate Bill 570 is on… is on Second Reading. It will stay on Second Reading for the time being. Representative Lang in the Chair."

Speaker Lang: "The Chair is in receipt of a Motion from Representative Hammond. Pursuant to Rule 65, having voted on the prevailing side, Representative Hammond moves to reconsider the vote by which House Bill 2482 passed. Representative Hammond is recognized."

Speaker Lang: "Lady withdraws her Motion. Mr. Sandack is recognized. Mr. Sandack has changed his mind. The Chair is in receipt of a Motion from Representative… the Chair is in receipt of a Motion from Leader Currie to reconsider the vote by which House Bill 2482 passed. Mr. Harris moves to table that Motion. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And Leader Currie's Motion is tabled. Mr. Clerk, Senate Bill 1229. Please… Mr. Smiddy is recognized on a Motion."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I make the Motion that House… the House override Governor Rauner's Veto of Senate Bill 1229. Interest arbitration is not a new concept to state… the… to Illinois state employees. It has been in place for almost 30 years for police, fire, and other safety personnel. This legislation will prevent a shutdown of State Government. It will not allow workers to strike. And it would prohibit the Governor from locking employees out. Let me be clear. This is not a pro- 09900079.docx 136  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 union Bill. This is not an anti-Governor Bill. This is a Bill to protect the citizens of Illinois from being caught up in the middle of a bitter contract negotiation. So first, let me address what this Bill does not do. Again, what the Bill does not do. Governor Rauner claims that this Bill mandates interest arbitration. That's simply not the case. Nowhere in this legislation does it mandate interest arbitration. Governor Rauner has also claimed that no other state offers interest arbitration to state employees. Again, that is simply not the case. In fact, more than 20 states offer interest arbitration for some or all of the state employees. This includes the State of Iowa, which borders my district. Governor Rauner claims that interest arbitration are not prohibited to cra… excuse me, permitted to craft their own compromise economic proposals. They can only choose between economic proposals in their entirety. Again, that is simply not the case. The parties can mutually agree to give the arbitrator the authority to craft their own compromise on economic proposals. Also, economic proposals and issues are reviewed and awarded item by item, not all… not an all-or- nothing proposal. The Illinois Labor Relations Board maintains the list of interest arbitrations awards granted by the arbitrators, and if anyone would like to have a copy of those decisions, I have the 88-page document here that you can see. Governor Rauner also claims that this Bill will result in out-of-control spending and force a tax increase. Again, that's simply not the case. Nowhere in the Bill is there a tax increase. And let me repeat that again. Nowhere in this Bill, is there a tax increase submitted. The 09900079.docx 137  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 arbitrators are compelled by state statute and must base its findings, opinions, and orders on many factors. One of the factors is the interest and welfare of the public, and the financial ability of the unit of government to meet those costs. And just to be clear, the arbitrator could side with Governor Rauner if he so chooses. Now actually, let me explain what's in the Bill. First, before either party can file interest arbitration, mediation must be initiated. That mediation must last for no less than 30 days, but again, if they are continuing talking, that can be extended by mutual agreement of both sides. Second, the arbitration panel will consist of three arbitrators: an employee delegate, an employer delegate… again, an employer delegate… and finally, a neutral chair selected by a roster of arbitrators maintained by the Illinois Labor Relations Board. Third, if neither side can agree on a neutral chair, the Labor Relations Board has the power to select that neutral chair. If the Labor Board were to choose, of that five-member board, three of the members have just been recently appointed by Governor Rauner and one reappointed. One member is also the current chairperson of this Labor Board, negotiated contracts for former Governor Edgar. And finally, all decisions made by the arbitrator panel must be submitted to the public employer's governing body for ratification. Any or all of the panel's… panel's decisions can be rejected by a three-fifths vote of the governing Body. If that were to happen, the governing Body must provide reasons for the rejections. The arbitrator panel will conduct more proceedings and issue a supplemental decision. The employer… the employer's governing Body of the 09900079.docx 138  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 State of Illinois consists of the Labor Relations Board, which I simply said, again, was made up of three new appointees by the Governor, and a reappointment by the Governor, and one who negotiated for Governor Edgar during the previous contracts; the director of Central Management Services, again, another Governor Rauner appointee; and the director of Labor, another Governor Rauner appointee. I'll be happy to answer any questions, and I ask for an 'aye' vote."

"Mr. Sandack. Excuse me, Mr. Durkin."

"Sorry, Leader."

"Sponsor yields."

"I believe that it is germane, and we're just here on the Veto. Both Houses passed this legislation previously."

"I believe it's germane, and we are here to override a Veto that both Houses passed."

"Mr. Durkin, the case law in the State of Illinois holds that questions of germaneness have to be addressed while the Bill is still on Second Reading. This is a Veto Motion, and it… the Chair rules the inquiry out of order."

"It's immediate effective date."

"Yes, it will be in the statute."

"It will only apply to the bargaining agreements that would expire in July of 2019."

"Because it would be the length of the contract."

"All contracts don't apply in perpetuity. It is just for the length of this contract."

"Absolutely not."

"November of 2016." 09900079.docx 141  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"2018."

"Yes."

"I'm sorry. Could you repeat the question, then?"

"This does not impede their ability to bargain in good faith and become… and have a fair contract. There's mediation before there's any impasse that would happen, before they could even go to arbitration. I'm hoping that this would be a last resort, and we would never have to do this."

"I believe so, yes."

"I believe that's correct, yes."

"I'm not really sure."

"I would say several months. I'm not sure exactly when the date began."

"Again, this is not allowing… this is not mandating arbitration. What this is doing is still allowing the Governor to bargain in good faith. And hopefully, we can have a contract come out of that bargaining."

"As I've said before, I believe that we… that the Governor and AFSCME can still continue to bargain in good faith, and that is my hope. I'm hoping that arbitration does not have to 09900079.docx 143  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 come to pass, and I… I believe that they will be… still be able to bargain in good faith."

"I disagree with that statement."

"No."

"What parties are…"

"The Labor Board."

"At… at this time, there has been no declaration of an impasse, so they would go to mediation. And then, if there's an impasse, then it would go to arbitration by one or more sides."

"There is no declaration of an impasse at this point. It's tied to the expiration of the agreement, and that hasn't happened yet."

"It doesn't say anything about an impasse."

"It doesn't say anything about declaring an impasse."

"They go to the Labor Board."

"Well, they would have to go to mediation first before they could declare an impasse, before arbitration could even be looked at." 09900079.docx 145  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"The… the same rules that apply to police and fire currently."

"Are you talking about the appointments of the three- member panel?"

"That's… that would be decided further down the road."

"No. You're…"

"That's not in the Bill."

"That's not what the Bill says. From my understanding, your questions are not relevant because it does not follow the process that's set up in the Bill."

"What happens is… is that both sides, once arbitration is… once they were… would go to arbitration and an impasse would be declared, then both sides would give their best, last final offer."

"Excuse…"

"It's not the Labor Relations Board. It would be the panel of arbitrators."

"Yes."

"They may do that, yes."

"They may be punished by the court and held in contempt."

"It could be the panel or the Attorney General."

"The current rules of the Labor Board apply to this. Hopefully, that answers your question."

"They don't."

"They can seek it." 09900079.docx 148  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"Go to the judge. The courts do."

"Either the arbitration panel or the Attorney General."

"If mutually agreed upon, that's current law."

"That is current law."

"Yes."

"The arbitrators will be selected the same as they are now under the Public Labor Relations Act."

"Correct."

"I'm not sure of the number."

"No."

"No."

"No, it's not one or the other. It can… they go item by item with regards to each issue, and it can be either the Governor's proposal or the union's proposal. It's not all or nothing."

"If both sides mutually agree that their arbitrator can bring forth a proposal, yes."

"Then, no."

"The governing Body does."

"No."

"His appointees can."

"Yes."

"It's current law."

"The employer's governing Body from the state consists of the labor… Labor Relations Board, the director of Central Management Services, which is appointed by the Governor, and the director of Labor, which is appointed by the Governor. So the Governor has a say through his appointees."

"On… on his ability to reject the offer."

"Again, that's current law." 09900079.docx 152  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"I wasn't here at the time, so I'm not really sure."

"I wasn't here at the time, so I'm not really sure."

"Mr. Durkin, have you completed your remarks?"

"I answered. I wasn't here at the time."

"Yes, in my opinion. Because they can still go and collectively bargain before this Bill would even come into…"

"Mr. Clerk, Rules Report."

"Mr. Martwick."

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

"Sponsor yields."

"Representative Smiddy, I have some questions for you designed to understand your legislative intent. So, is it true that the Illinois Public Labor Relations Act requires 09900079.docx 155  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 that the arbitrators be appointed from a panel, approved by the Illinois Labor Relations Board, a public body, unless the parties agree on an alternate means of selecting the arbitrator?"

"That is correct."

"Is it true that the Illinois Public Labor Relations Act requires an arbitrator to take in account many factors, including the financial condition of the employer, when he or she evaluates the economic proposals of the parties?"

"That is also correct."

"Does the arbitrator have the authority to order the state to increase taxes?"

"No."

"Has any arbitrator under the Illinois Public Labor Relations Act ever ordered a Governmental Body to increase taxes?"

"No."

"Do the courts have the authority to review the arbitrator's decision to ensure that arbitrators take the factors required by the statute into account?"

"That would be correct."

"Is it true that the arbitration award must be reviewed by a panel that includes representatives of the Executive Branch under the authority of the Governor before it becomes final?"

"That would also be correct."

"Does the Bill impose any retroactive obligations on the parties to the state collective bargaining agreements?"

"No." 09900079.docx 156  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"Does the Bill simply regulate the collective bargaining process going forward?"

"That would be correct."

"Is it your intent that the provisions of the Bill prevail over any conflicting language in Section 21.5 or any other provision of the Illinois Public Labor Relations Act?"

"That would be correct."

"Would it be constitutional for the General Assembly to directly set the terms and conditions of employment for state employees through legislation?"

"That would be correct."

"Thank you. That's all I have."

"Mr. Sandack."

"Sponsor yields."

"I believe that is correct, yes."

"That is correct."

"September 30."

"The Bill is effective immediately."

"That is not correct, no."

"Nothing is triggered until after the agreement expires."

"Nothing is triggered with this Bill until after the agreement expires on the…"

"…30.

"The very first sentence of… on page 5 of the new language…"

"…of the Bill."

"Agreements expiring on or… on June 30… on… on or after June 30 and which this expires September 30."

"Yes." 09900079.docx 158  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"Mediation would begin within 30 days of expiration of the agreement after the expiration date."

"Because mediation will not start until after the expiration date of the September 30 agreement between the Governor and AFSCME."

"Yes."

"No."

"Currently, I'm a Member of the Illinois General Assembly."

"Actually under the law they are. I can't work at both places."

"Currently, no."

"Yes. It's mandatory that they consider it."

"Well, it… since there's not a tax increase in this legislation, that's the only way that the taxpayers would actually have… be able to pay more."

"Tha… that is not in the legislation."

"They consider the financial ability of the government entity to pay." 09900079.docx 160  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"They consider the financial ability of the government entity to pay."

"They consider the financial ability."

"They consider the financial ability of the government entity."

"That's not what this Bill does."

"No, and we're not."

"They look at comparable salaries from public and private employment."

"I'm not sure."

"No." 09900079.docx 161  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"I do not know."

"I don't know."

"They are public safety because they represent those in the Illinois Department of Corrections and the Illinois Department of Juvenile Justice."

"No, that is not correct."

"I'm sorry. Could you repeat that question?"

"They reserve the right to strike until the arbitration were to begin, because they are still negotiating until the arbitrator convenes."

"No. Once they go to arbitration, they are not able to strike, or they are not able to lock out."

"Until they go to arbitration."

"Until they go to…"

"…arbitration."

"Not until they go to arbitration."

"No."

"Your request is acknowledged, Sir. The Chair recognizes Representative Sente."

"Thank you, Mr. Speaker. I've had a pretty mind-bending 10 days. While the past week and weekend have been a noteworthy, social experiment, it was certainly one of the more disappointing periods in my tenure as a public servant, one where many individuals and organizations showed me their true colors. I was complimented by the Tribune who finally, verbally acknowledged my independence, and it saddened that it was only something they remembered when it was convenient or meant to work against me. For the Illinois Policy Institute, I have a little to say about their actions toward 09900079.docx 165  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 me on this Bill, because if they are nonpartisan, then we probably need a new definition in the dictionary. So while many in… so while many individuals would rise, well… I realize would rise to speak to this Bill today, I hold a singular, unique set of circumstances or attributes that being I sit on this side of the aisle. My voting record is in the lowest tier with the unions. I was the primary Sponsor of a Bill that AFSCME strongly disliked where I limited a Democratic Governor's ability to negotiate AFSCME's contract beyond his term. I want that one to sink in. And I actively work with our current government. I'm not in lockstep with my Party's Leader, having broken from the ranks on several major issues that I felt were wrong for my district. And so now that we've cleared all the fallacies out of the way of why I would vote for this Bill, for any other reason than I believe in the legislation. Let me highlight some of the conclusive arguments that led me to my decision. Number one, we already use the tool of arbitration effectively today. In fact, whenever two people or organizations don’t agree on an issue in this state, an independent, neutral third party with a working knowledge of the industry and the issues helps us make that decision. It works in the private sector, and we already utilize arbitration with fire, police, and Corrections. Number two, arbitration effectively keeps people motivated to bargain. One party cannot just randomly declare an impasse. They would be remanded back for further bargaining. That is why the Illinois Policy Institute's false messaging has worked so effectively, because individuals not involved in collective bargaining don’t understand its 09900079.docx 166  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 intricacies. Arbitration is a far better technique to motivate resolution than the ability for unions… union workers to strike or management to initiate a lockout, items that… items that this Bill bans from use. Arbitration is better for management. It's better for workers and their families and the taxpayer. In fact, strikes have a history of pro… producing more costly contracts, a little fact you might not have known. Number three, the facts show that arbitration does not favor the unions. The Senate did our work for us. They did an analysis which showed that over the past 11 years employers were favored slightly more than workers, but it did… I didn’t stop there. So, I checked with my local municipalities who confirmed about the same balance between the two. In fact, the Illinois Labor Relations Board is made up of five appointments, three appointed by our current Governor, and they keep a list of independent arbitrators. And it was asked earlier… by the way, they need to meet a very specific list of criteria even to be considered, and the Governor has no involvement in State Law in the selection of the independent contractors. Many of those, 53 or more, have served for a decade or more under Republican Governors. And so, let's… Okay. So of these five appointments on the Illinois Labor Relations Board, three by the current Governor. Okay. So then when they select the independent con… arbitrators, seven are randomly selected, each party gets to, in turn, like a jury, knock out one that they don’t feel comfortable with until one is left. And my fourth point, why this legislation for this Governor has been asked? Well, I think there is no room for doubt how this Governor feels about 09900079.docx 167  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 unions. Sadly, instead of reaching out to them and looking to build relationships which is, in fact, the environment in which productive, balanced contracts that protect both the worker and taxpayer are created. We have the incessant politics demonstrated so clearly over the past 10 days. Frankly, I'm in favor of arbitration as the method of settling impasse for all future Governors. Let that sink in. Because contrary to more false statements, arbitration preserves the Governor's authority and ability to negotiate contracts and right… rightly so. So it's for these four reason, I encourage a vote to override the Governor's Veto. And I suggest that the Governor and his team start talking to the unions and start building relationships with them. And even more important with more immediacy, start meeting on a daily basis with all four Leaders, in both chambers, to work much more diligently toward compromise and finding solutions to reform Illinois and finish a state budget."

"Mr. Tryon."

"Sponsor yields."

"That is correct."

"There are at least 5 or 6, and I… and maybe more. I can get you the list of those, if you would like, Sir." 09900079.docx 168  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"Like I said, I'd not… I'm not sure of the total…"

"…amount, but…"

"That is correct, Sir."

"If both parties mutually agree then, yes, the arbitrating panel can come up with their own economic proposals."

"Well, first of all, it's not all or nothing. They can go line by line on these issues and choose either the employers or the employee down the line."

"I'm not… I'm not sure."

"I believe there's one or two that he has…"

"Yes, I believe so."

"It does not change when… it does not change when the agreement ex… expires."

"They can continue to negotiate even if this Bill…"

"Again, he can bar… it's…"

"…not saying that…"

"I'm not in the negotiations."

"I… I'm sorry. I… I had a problem here."

"Well, I can tell you some of the statements that the Governor has… has made in the past." 09900079.docx 171  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"Again, I am not in negotiations."

"Well, again, it’s what's being proposed, not…"

"…what the actual contract that will be signed."

"I would say yes."

"Mr. Harris." Harris, D.: "Thank you… thank you, Speaker. You know, my friends, this sort of vote does not come along very often. It has sharp, partisan overtones and that… that's not normal here. Despite our differences, we operate, quite frankly, in a… in a fairly collegial manner here in the House. But there are those rare occurrences when it comes down to, I guess, an us versus them situation, and it seems as though this is one of those situations. Now, I… I don't know much about labor law, so I won't pretend to be down into the weeds on the pros and cons of the Bill. And if you'll bear with me for just a second, I'd like to talk about another aspect of the Bill. You know, next year there's an election. And one of the positions on the ballot next year is that of Comptroller. Now, why is the Comptroller on the ballot, because we've just 09900079.docx 174  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 elected a Comptroller in November of last year for a four- year term? And we know what happened to Comptroller Topinka. And because of what happened to Comptroller Topinka, the law was changed forcing an election for Comptroller next year. And why was the law changed? It's very simple. It’s called power politics. That's what it is, power politics. It is the power of the Majority. You know, our… one of our Founding Fathers, and the second President of the United States, John Adams, wrote in the Federalist Papers, Federalist Paper No.10, about the power of the Majority. And there was a real concern that the Majority can do anything it wants. And you know what term he used? He used the term 'the tyranny', 'the tyranny' of the Majority. Now my colleagues on the other side of the aisle have not just a Majority, they have a Supermajority. You can pass any law that you want, notwithstanding the Veto of the Governor. Friends, that's the power of the Majority. That’s the power of the simple numbers 71 and 39. Do I like it? No, I don't like it, but that is the reality of the situation. Now given the substantive element of Senate Bill 1239 (sic-Senate Bill 1229), it really sets a terrible precedent. Senate Bill 1229 is clearly targeted just at this Governor. It is a partisan Bill targeted just at this Governor. I ask my colleagues on the other side of the aisle, you can do anything you want to do, but you ought to think long and hard before you vote 'yes'. Now as I look across, there may be a Member or two that's missing or not going to vote, and maybe it's not going to pass. But before you vote 'yes', I ask that you think long and hard because it's going to sour the atmosphere of what we need to do down here to get 09900079.docx 175  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 our state back in some semblance of order. I think the right vote is a 'no' vote, and I hope that's how you'll vote. Thank you."

"Mr. Breen."

"Sponsor yields."

"I'm… I'm sorry. Could you repeat that?"

"I used to be, yes."

"Currently, I'm not… I'm not sure."

"Again, I'm not sure."

"No."

"No, I'm not in negotiations."

"It's against the law for those sides to divulge that."

"Just from the Governor."

"Again, I'm not in negotiations, so I can't take that."

"I have no reason to believe they're true either."

"Well, newspapers are always reliable, I'm sure."

"Yes, I do."

"There's a neutral arbitrator, but there is also two others on that panel, one being appointed by the Governor and one by the employees union. And again, this does not mandate arbitration. What it does…"

"They're Governor appointees. They're appointed by someone who is elected, the Governor."

"Well, last time I checked the Governor hasn't been in negotiations. He's put somebody there to negotiate for him."

"Yes, I do, because, again, there is… they have to have the ability to assess the financial feasibility of the government entity being able to pay."

"It was… the… I'm not sure what the pension liability has to do with my Bill."

"Again, I… I'm not saying what that has to do with my piece of legislation."

"That is correct."

"Of my local."

"But again, I'm not sure what that has to do."

"I… I believe that's correct, yes."

"Yes."

"At that time it was flat. It wasn't based off of salaries."

"I'm not sure because, again, I'm not there."

"I'll take your word that that's how much they gave."

"This does not guarantee any benefits to the… Members. Mr. Speaker, could we have…"

"Mr. Bradley."

"I stand in strong support of this Bill. I stand in strong support of Representative Smiddy in his efforts to come up with a commonsense attempt to move this budget impasse. I stand in strong support of the state employees that during this time of budget impasse are willing to make a significant concession in order not to shut down the state. When this debate began, there were significant efforts, and there continue to be significant efforts, to limit the 09900079.docx 182  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 collective bargaining rights of working men and women in the State of Illinois. This is a significant concession, and this is not plucked out of the sky. This is not something which is not tried and true. This is an effective way to resolve differences in essential services currently being utilized by firefighters and police personnel throughout this state and the United States of America. Firefighters and police personnel currently use this system to resolve issues. What is the infatuation with shutting this state down? What is the infatuation with stopping essential services? Don't get distracted. I stand with the middle class. I stand with working men and women. I stand with state workers. I stand with common sense. And I stand with keeping this state open. Vote 'yes'."

"Mr. Kay. Mr. Kay."

"Sponsor yields."

"No." 09900079.docx 183  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"I'm not sure."

"There hasn't been a contract negotiated and signed yet, so I'm not sure what the financials are."

"I'm going to try."

"To prevent the government from shutting down and ensuring that the…"

"They can still negotiate. There is nothing in this Bill that says that the Governor and AFSCME are unable to negotiate if we pass this Bill."

"What I’m trying to do is to ensure that we encourage negotiations and we don't have a government shutdown."

"I am hoping that this encourages them to stay at the party."

"The Governor has been stating that the negotiations are not going well."

"It does not remove the Executive portion. They have an individual that they can appoint to be on the panel, if it goes to arbitration. Again, this does not mandate arbitration."

"I'm… I'm sorry, Sir. What was the question, again?"

"No."

"I like the Bill."

"Interest arbitration? All the time."

"This does not take any power away from the Governor."

"No, it does not."

"I disagree with that statement."

"Well, since that's not the case, currently, the arbitrator can also rule in favor of the Governor's proposal, and then we're not even talking about this. But again, let me say this does not mandate arbitration. It only brings it to pass if there is an impasse by both sides, and I hope that doesn't happen. I hope both sides will stay at the bargaining table and come up with an agreement where this Bill does not even have to take effect."

"It's not costing the taxpayers anything. I do… this Bill does not cost the taxpayers one dime."

"Would it… wouldn't it be more negative to the state if we were to shut down or to go on strike rather than to look at interest arbitration which has been in this state for the past 30 years?"

"And you're… and you're… you as well."

"I'm sorry."

"I did belong to AFSCME. Right now I'm a Member of the Legislature."

"We are trying to keep them at the negotiating table and allow them to come up with an agreement. This does not mandate interest arbitration."

"I don't even know why this… that questions was asked. I don't know."

"After the last four, no, thank you."

"I… I don't walk through the valley of the shadow of death."

"Depends on what Leaders you're talking about."

"I believe that we'll have the individuals at the table. Again, we're not mandating anything. We're just hoping both sides come together, and they have a contract that is fair, and this Bill never has to come to pass."

"Representative Ives."

"Mr. Demmer."

"Sponsor yields."

"Well, from what… as I said, the only thing that I have heard is from the Governor, and I'm… what I'm wanting to do 09900079.docx 190  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 is ensure that they stay at the bargaining table, and I want to make sure that the state doesn't shut down."

"I'm not sure when they go back to negotiating."

"Yes."

"Well, and if that's the case and they are able to settle a contract, then we won't have to worry about this Bill if it is overridden."

"I'm wanting to ensure that the state stays open in case there is an impasse…"

"Well, the voters in their districts."

"They take in account the public welfare and the financial ability for the government entity to pay."

"It takes into account the well-being of… of the state and the financial ability to pay."

"Again, I will say that we have… if it gets to that, they’re accountable to the Governor because…"

"Yes. He has the ability to appoint one of the people on that panel and then…"

"…and then once that is done, if there is an impasse and it goes…"

"I'm sorry. I… I couldn’t hear that question."

"Well, first of all, if the… once the arbitration has been decided, it goes to the governing Body for the State of Illinois, which has no representation from the union. It is all based off of the Illinois Labor Relations Board, the director of Central Management Services, which is appointed by the Governor, as well as the director of Labor, also an appointee of the Governor." 09900079.docx 193  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"No."

"No."

"And he would be directly accountable to voters as well."

"The Governor is going to be there with the representative."

"They'll take evidence like any other arbitration hearing and go from there."

"Taxpayers are not in the negotiating room now, with whoever the Governor appoints to bargain with the contract." 09900079.docx 194  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"Not that I'm aware."

"No, because number one, we are not advocating money for this. Basically, what we're doing is wanting the tables… to sit at the table and negotiate a fair contract. There is nothing in this Bill that states that we have a tax increase or that salaries are going to be raised if this Bill is passed."

"Mr. Welch."

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

"Sponsor yields."

"I will be very brief in my comments here. In just a few short days, we will be celebrating Labor Day. Today, in advance of Labor Day, we should pause and all honor the true meaning of this holiday. Let's honor this day and not vote to shut down government. We cannot shut down government. We have to keep essential services going. Stand firm here today and support our state workers. We should all vote to override Senate Bill… the Veto of Senate Bill 1229. And Mr. Speaker, I move… Mr. Speaker, we need to honor Labor Day and not a few days before Labor Day kick organized labor in the rear. We need to stand firm here today with our state workers. We need to stand firm and support hardworking men and women all across this state. We need to stand firm and honor the true meaning of Labor Day. I ask that we vote 'yes' to override the Total Veto of the Governor."

"Mr. Hoffman."

"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move the previous question."

"The Gentleman moves the previous question. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the previous question is put. Mr. Smiddy to close."

"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, over the past several weeks there have been mailers, there have been robocalls, editorials providing 09900079.docx 196  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015 misinformation regarding this legislation. The Governor has stated on numerous occasions that it might take a strike and a shutdown of the government for a week so we can redo everybody's contract. That's possible, and he would do that proudly. We may have to go through rough times. We may have to do what Ronald Reagan did with the air traffic controllers; sort of have to do a do-over and shut things down for a little while. That's what we're going to do. The Governor has called state retirees as strike breakers, has considered calling up the National Guard to break a strike if one were to happen. The Governor has even gone so far as to call AFSCME workers AFSCammies. This legislation, in no way, prevents the Governor from continuing to negotiate in good faith and to reach a fair contract agreement. I ask for an 'aye' vote."

"Those in favor of the Gentleman's Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 68 voting 'yes', 34 voting 'no', 9 voting 'present'. The Motion fails. On Supplemental Calendar #1, there… under the Order of House Bills-Second Reading, there appears House Bill 4104, Mr. Smiddy. Mr. Clerk, please read the Bill."

"Third Reading. House Bill 4264, Representative Hurley. Please read the Bill." 09900079.docx 197  STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 79th Legislative Day 9/2/2015

"Please hold that Bill on the Order of Second Reading. Senate Bill… Senate Bills-Second Reading. Senate Bill 219, Mr. Mitchell. Please read the Bill."

"Third Reading. Senate Bill 317, Representative McAsey. Please read the Bill."

"Third Reading. Mr. Brown is recognized."

Speaker Lang: “Republicans will caucus immediately after adjournment in Room 118. Mr. Anthony is recognized. The Members will rise."

"Mr. Cabello."

"Members, and now leaving perfunctory time for the Clerk, pursuant to House Joint Resolution 85, the House will adjourn until Thursday, September 24, or at the… at the hour of 12 noon or until the call of the Speaker. The House is adjourned."