"House Perfunctory Session will come to order. Introduction of House Joint Resolution 154, offered by Representative Phelps, is referred to the Rules Committee. Committee Reports. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules reports the following committee action taken on May 31, 2016: recommends be adopted, referred to the floor is Floor Amendment #2 to House Joint Resolution 150, Floor Amendment #2 to Senate Bill 3112; recommends be adopted, referred to the Order of Resolutions is House Joint Resolution 154; recommends be adopted is a Motion to Concur with Senate Amendment #1 to House Bill 6328."
"The House will be in order. We shall be led in prayer today by Pastor Tom Zobrist who is with Liberty Bible Church in Eureka. Pastor Zobrist is the guest of Representative Bennett. Members and guests are asked to refrain from starting their laptops, turn off cell phones, and rise for the invocation and the Pledge of Allegiance. Pastor Zobrist."
"Thank you. Let's pray. Our gracious Father, we are so grateful for the manifold blessings that You pour out on us each day. We're thankful for the freedoms that we are granted in this nation. We're thankful for the Federal Government, the President, the Congress, the Senate, all that make laws that promote those freedoms and that bless the people of this land. Father, we're grateful for them and we pray for them, we trust Your blessings of… Your hand of blessings upon them that they might glorify You in their work, in their service to the people of this… this land. And we think, too, of those that are here today, those that are 09900141.docx 1 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 serving our state in positions of authority. Father, we know the scriptures tell us that no one is placed in authority except by Your hand and for Your purposes. And so, we pray for them today. We pray, Father, that You would give them the words to speak and we pray that You would give them unity of purpose and mind as they work together to serve the people of the State of Illinois. And we pray, Father, that they would accomplish all the business that they set out to accomplish, that they would do it for Your honor and for Your glory. We put them in Your hands today, Father and put Your hand of blessings upon them. We give You all the honor and the glory. In Jesus Christ's precious name we pray, Amen."
"Be led in the pledge by Mr. Davis." Davis, W. - et al: "I Pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all."
"Roll Call for Attendance. Leader Currie."
"Thank you, Speaker. Please let the record reflect that there are no excused absences among House Democrats today."
"Mr. Brown."
"Thank you, Mr. Speaker. Please let the record reflect that all Republicans are present this morning. Thank you."
"Mr. Clerk, we have 118 House Members. It's a good day to start the Session. Mr. Batinick is recognized."
"Thank you, Mr. Speaker. Point of personal privilege."
"Please proceed."
"I have Batinick #1 and Batinick #4 in the House today. And Batinick 5 will be coming later along with Batinick 3, 09900141.docx 2 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 but this is my daughter Nicole who I talk a lot about in committee, my other daughter Annabelle. Welcome them to the House. Thank you."
"Welcome to the House Floor. Thank you for joining us. Mr. Davis is recognized." Davis, W.: "Ladies and Gentlemen of the House, if you could please join me in congratulating Ms. Jill Nika, who's standing… there she is waving to us… she is retiring from the House Journal Room today after 35 years of service. She worked… she began in 1982 working for the Sangamon County Capital Township Office and began work in the Clerk's Office in March of 1985 until tomorrow, which will be her last day, June 1 of 2016. She has been through Governor's Thompson, Edgar, Ryan, Blagojevich, Quinn and now Governor Rauner. She has a son, Robert Nika and a grandson, Robert Nika, Jr. She loves being a mother, grandmother and would do anything for her family and looks forward to doing some part-time work in the family business. So, please give her a great round of applause. And… and while she's too shy to come out and join us today, we have another person retiring today from the House E&E Office, which is the Enrolling and Engrossing Office. And it's Ms. Linda Sklenka. Many of you know her as 'Ink'. She is retiring after 24 years in the House E&E Office and looks forward to fishing, camping and spending time with her grandchildren in Tennessee upon her retirement. So, please give her a round of applause as well."
"Congratulations to both of you. Mr. Clerk."
"Representative… Committee Reports. Representative Rita, Chairperson from the Committee on Business & 09900141.docx 3 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 Occupational Licenses reports the following committee action taken on May 31, 2016: recommends be adopted is a Motion to Concur with Senate Amendment #1 and 2 to House Bill 5973. Representative Crespo, Chairperson from the Committee on Elementary & Secondary Education: School Curriculum & Policies reports the following committee action taken on May 31, 2016: recommends be adopted is a Motion to Concur with Senate Amendment #1 to House Bill 6252. Representative Beiser, Chairperson from the Committee on Transportation: Regulation, Roads & Bridges reports the following committee action taken on May 31, 2016: recommends be adopted is a Motion to Concur with Senate Amendment #1 to House Bill 6226, Senate Joint Resolution 48. Representative Hernandez, Chairperson from the Committee on Consumer Protection reports the following committee action taken on May 31, 2016: recommends be adopted is a Motion to Concur with Senate Amendments 1 and 2 to… and 3 to House Bill 4377, Motion to Concur with Senate Amendment #1 to House Bill 4633. Representative Nekritz, Chairperson from the Committee on Personnel and Pensions reports the following committee action taken on May 31, 2016: recommends be adopted is a Motion to Concur with Senate Amendment #1 to House Bill 6030, Motion to Concur with Senate Amendment #1 to House Bill 6298. Introduction of Resolutions. House Resolution 1303, offered by Representative Hoffman and House Resolution 1306, offered by Representative Walsh are referred to the Rules Committee."
"On page 17 of the Calendar, under the Order of Resolutions, there appears House Joint Resolution 150. Mr. Turner has an Amendment. Mr. Turner on the Amendment." 09900141.docx 4 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Thank you, Mr. Speaker. House… I… I move that the House adopt Floor Amendment #1 to HJR 150. It designates the Illinois Department of Human Services as the agency that will provide administrative support to the statewide task force."
"Mr. Clerk."
"Floor Amendment #2 was offered by Representative Turner and is approved for consideration."
"Mr. Turner on Amendment 2."
"Right. Amendment 2 is which… the one I described that I'd like to add to the… to the Bill… to the Resolution."
"Mr. Davidsmeyer, are you rising to speak to the Amendment? Mr. Davidsmeyer."
"Representative Turner… Leader Turner, I just wanted to clarify your intent on this Amendment. We spoke a little bit earlier. You are not trying to impose any type of burden on the… on the department. You just have to have somebody there listed as the administrate… administration."
"Got to put it somewhere. So, the IDHS will provide the oversight, but the Alternative Schools Network will actually provide all the staff work and the implementation of the task force. I've had a talk with the director as well as some of the affiliates with the Alternative Schools Network. They've done this sort of thing before and we're trying not to put any extra work… burden on DHS."
"And so, does this… is the opposition removed from this?"
"Well, I was hoping that… I know they stood in opposition when we originally introduced it. We had the conversation and 09900141.docx 5 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 the hope and the goal was to work some of this into the legislative intent and get it on the record."
"Okay."
"And hopefully that will suffice."
"So, we're just… for legislative intent, this is not to put any additional burden on the department?"
"No. No. Right."
"All right. Thank you."
"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Now, Mr. Turner on the Resolution."
"The Resolution is just as I described. Disconnected youth and young adults from the age of 16 to 24 who are neither working or enrolled in school. This task force will address them, talk about some of the issues that they're having with these disconnected youth. Out of the number… out of the number of disconnected youths, there were 154 thousand; 67 thousand were black, 37 thousand were white, 32 thousand were Hispanic. The majority came from poverty-stricken neighborhoods in Chicago and downstate Illinois. And it's… this will just, you know, deal with some of the… ensuring the progress of these disconnected youth in Illinois."
"Mr. Sandack on the Resolution."
"Thank you. Will the Gentleman yield?"
"Gentleman yields."
"Two questions, Art. I couldn't hear very well. Does this second Amendment and the… the Resolution on the board resolve all opposition or is there still opposition?" 09900141.docx 6 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"So, the department really didn't want to… they said they're short staffed and that was the issue and that was their original opposition to the idea of the task force. I had a discussion with the department and I told them that I would work into the legislative intent on the record when I introduced the Resolution the intent of the Alternative Schools Network and their affiliates to help with the implementation of the task force so that the department wouldn't be burdened with the administration of it so."
"Fair enough. And with respect to any burden, is there a cost associated with this Resolution?"
"Not for the department. Any of the funds that would be… are needed to run the task force will be raised by the Network. They've done it before."
"So, it wouldn't cost taxpayers anything?"
"No."
"Thank you."
"Those in favor of the Resolution will vote 'yes'; opposed vote 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Davis. Mr. Clerk, please take the record. On this question, there are 116 voting 'yes', none voting 'no'. And the Resolution is adopted. House Resolution 1295, Mr. Hays. Mr. Clerk."
"House Resolution 1295, offered by Representative Hays. WHEREAS, The members of the Illinois House of Representatives are pleased to congratulate the members of the Salt Fork High School Class 1A Girls Track and Field Team, the Storm, on the occasion of winning the IHSA Class 1A State Championship." 09900141.docx 7 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Mr. Hays."
"Thank you, Mr. Speaker. It is an absolute thrill and I'm so very proud to present to you the Salt Fork Storm Girls Track and Field Team, your Class 1A State Champions. I'm… I'm particularly proud today because Salt Fork High School is my home high school. Members of the team Lindsay Lewis, Madison Farrell, Kristen Cooley, Sydnie Klemme, Morgan Kirby, Aleah Carder, McKenna Plotner, Rachyl Anderson, Baily Fathauer, Karsyn Foster, Amber Kirby and their Coach Gail Biggerstaff. And three young ladies who were very instrumental in making the State Championship happen, Abby Nicolson placed fourth in shotput and sixth in the discus, Katie Witte placed fifth in the discus and Jenny Kimbro won the State Championship in the 100 meter high hurdles setting a new state record, breaking her old record from last year. She also won the State Championship in the 300 meter low hurdles breaking her own state record from a year before. She also placed first in the long jump and third in the 200 meter dash. It goes without saying, Ms. Kimbro is the most decorated and greatest track and field athlete in the history of Catlin/Salt Fork High School. She will be continuing her track and field career at the University of Iowa. I appreciate the support for this Resolution. Congratulations, ladies. Go Storm."
"Congratulations. Those in favor of the Resolution will say 'yes'; opposed 'no'. The 'ayes' have it. And the Resolution is adopted. House Resolution 1187, Mr. Butler. Mr. Clerk."
"House Resolution 1187, offered by Representative Butler and Representative Jimenez. 09900141.docx 8 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 WHEREAS, The members of the Illinois House of Representatives are saddened to learn of the death of Earl Wallace "Wally" Henderson, Jr. of Springfield, who passed away on April 19, 2016 at the age of 85."
"Mr. Butler."
"Thank you, Mr. Speaker. Today we… we recognize a true giant in the City of Springfield. For those of you who don't know Wally Henderson, I imagine many of you don't, he probably has more impact on the City of Springfield and has been involved with your life… your lives than… than you can imagine. Wally was born in Indiana, but he spent most of life here in Springfield. He grew up here, he graduated from Springfield High. He went to University of Illinois in Champaign where he got his undergraduate and master's degrees. He served in the U.S. Army during the Korean War as well. He really made his name as… as an architect. He worked for Ferry & Henderson Architects. Around town you might know the Willard Ice Building where the Department of Revenue is; you might know the Public Affairs Center at the University of Illinois-Springfield, the State Journal-Register building downtown as well. Wally all… he… he had a hand in those as the architect for those buildings. But really his crowning achievement… he and Don Ferry's crowning achievement was the 1960s reconstruction of the Old State Capitol. And for what you see today as the Old State Capitol you can thank Wally Henderson for that. So, for those of you who were privileged enough to be in the General Assembly when you had a Session at the Old State Capitol during Veto Session, you can thank Wally for that. The Old State Capitol, for much longer than 09900141.docx 9 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 it was a Capitol, served as a county building for Sangamon County. When the state took it back in the 1960s, they had to figure out how to update the Old State Capitol to… to really make it a destination place for around the country for people to come and learn about the history of Lincoln and the history of Illinois. It was Wally's idea to deconstruct the Old State Capitol stone by stone, over 3300 stones on that building. Stone by stone numbered individually and… and stored out at the Illinois State Fairgrounds while they reconstructed the Old State Capitol, put the parking garage in underneath, made the park land around that it is known today. Wally's the… the inspiration for doing it, he's the guy that did that. I got to know Wally through service on the… the bicentennial… the Lincoln Bicentennial Commission leading into Lincoln's 2009 Bicentennial. And I also got to know him through work on Downtown Springfield Incorporated. He is… he is a gentleman that put the gentle in gentleman, he really did. And he was an inspiration for many of us in Springfield to create a better community. He was honored with the 2013 State Journal Register First Citizen Award, somebody who was certainly deserving of that. He had a national impact as well, not only in architecture, but he was… he was the one that came up with the idea to have the commemorative penny in 2009 for the Lincoln Bicentennial, had the Old State Capitol on the back of it. In the… in his ceremony for becoming the First Citizen of Springfield in 2013 Wally said, Springfield has so much potential. Anything that can be thought of can be done. Anything that can improve Springfield, Illinois, we should be working hard at. I can't think of more fitting words as we 09900141.docx 10 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 gather on this last day of Session, regular Session, than those words by Wally Henderson. They go beyond just Springfield, but they go to our entire state. I'd like to introduce up in the… above the Republican side on the west side of the chamber here a few friends of Wally's. Greg Swanson, Ray Bolsinger and Paul O'Shea. Paul actually worked with Wally and Don as an architect and everything, has been a longtime friend for… for Wally. And his wife, Brynn. Some of you may know Brynn. Brynn works across the street in the Stratton Building, she works for CMS. So, thank you for allowing us to share Wally with the community, Brynn. He's a… was a wonderful man. So, with that, Mr. Speaker, I certainly would ask for a moment of silence to… in remembrance of Wally Henderson."
"Body will take a moment of silence. Those in favor of the Resolution will say 'yes'; opposed 'no'. The 'ayes' have it. And the Resolution is adopted. Thank you, Mr. Butler. Mr. Clerk, Agreed Resolutions."
"Agreed Resolutions. House Resolution 1301, offered by Representative Butler. House Resolution 1302, offered by Representative Moylan. House Resolution 1304, offered by Representative David Harris. House Resolution 1305, offered by Representative Sims. And House Resolution 1307, offered by Representative Evans."
"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. On Supplemental Calendar #1, Order of Resolutions, House Joint Resolution 154, Mr. Bradley." 09900141.docx 11 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Thank you, Mr. Speaker. I'm pinch hitting for Representative Phelps who’s been delayed. This is the pamphlet which is agreed to which goes along with the Constitutional Amendment which we passed earlier this year. It's my understanding that this is agreed. And I know of no opposition to this. And I would ask for an 'aye' vote. It's simply complimentary to what we've already done."
"Mr. Sandack."
"Thank you. Will the Gentleman yield for a few questions?"
"Gentleman yields."
"Thank you. Representative, exactly… so is this the pamphlet that goes to whom and to what? Is this part of the voting apparatus?"
"Every house in the state."
"Got it. So, this goes with the information to voters…"
"Correct."
"…with respect to the vote that's coming?"
"This is the information that goes with regards to the Constitutional Amendment by Constitutional requirement."
"It's the total information?"
"Yeah."
"Okay. So, were we supposed to vote on it at the same time, so we're just supplementing that vote?"
"No."
"No. It's okay to do separately?"
"Correct."
"Thank you." 09900141.docx 12 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Those in favor of the Resolution will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 114 voting 'yes', 1 voting 'present'. And the Resolution is adopted. The Chair recognizes Mr. Bennett."
"Thank you, Mr. Speaker. A point of personal privilege, please."
"Please proceed, Sir."
"Thank you. This morning, Reverend Tom Zobrist was our Pastor that gave the prayer, but please let me note he has a very special son. His name is Ben Zobrist. You may have heard of the name where he a tremendous player for the Chicago Cubs. That is ‘the’ Chicago Cubs, Sir. Thank you."
"Thank you. Thank you. Mr. Wehrli."
"Good Morning, Mr. Speaker. Point of personal privilege."
"Proceed, Sir."
"I would like to introduce to the House my Page for the day, Robbie Levinson. He's a Naperville Central graduate. He's currently a junior at Hofstra University where he is studying political science. He is joined today up in the gallery with his mother, who happens to be my cousin Terry Levinson, his grandparents, my aunt and uncle, Jerry and Carol Doll. If we could give them a warm House welcome, I would certainly appreciate it."
"Good to see you all. Thanks for joining us. Chair recognizes Barbara Wheeler." Wheeler, B.: "Thank you, Mr. Speaker. Point of personal privilege." 09900141.docx 13 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Please proceed." Wheeler, B.: "I'd like to welcome Saint Thomas the Apostle Church from Crystal Lake, Illinois and their wonderful volunteers Jody Misner, Meg Strutman and Kelly Bucci. Please give them a warm welcome to Springfield. Thank you."
"Thank you, Representative.” Wheeler, B.: “Thank you.”
“And welcome to the House chamber. Chair recognizes Mr. Brown."
"Thank you, Mr. Speaker. The Republicans request an immediate caucus in Room 118 for one hour. Thank you."
"Republicans will caucus immediately in Room 118. The House will be in recess ‘til the call of the Chair. Before you depart, Members, Leader Currie is recognized."
"Thank you, Speaker and Members of the Democratic Caucus. There will be briefings in respect to the issues of workers’ comp for Democratic Members in 402A immediately. That is the… the Democratic Members of the working group on workers’ compensation will be available to brief the Members of the Democratic Caucus. This is the way we will spend our time while the Republicans go to caucus. 402A, just behind the Bill Room."
"The House is in…”
“There will not…”
“…recess ‘til the call of the Chair. The House will be in order. Page 10 of the Calendar, under the Order of Concurrence, House Bill 2642, Representative Cassidy. Please proceed." 09900141.docx 14 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Thank you, Mr. Speaker. Sorry, I had to get the blanket off, it's very cold in here."
"Is that one of the Feigenholtz blankets?"
"It is not a Feigenholtz blanket."
"All right."
"I brought my own so that others in need might be able to access the ones that she brought to share. Thank you for your patience. House Bill 2642, Amendment 1 in the Senate, relates to the Labor and Storage Lien Act. I know it's… it looks like a condo Bill ‘cause, you know, Cassidy does condo Bills, but in this instance, this takes into account issues related to towing companies and storage fees and whether… and the notifications required to lienholders on those… on those towed vehicles. And I move to concur in Senate Amendment 1."
"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? Drury, Kifowit. Please take the record. On this question, there are 117 voting ‘yes’, 0 voting ‘no’. And the House does concur with Senate Amendment #1 to House Bill 2642. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2822, Representative Jesiel. Please read the… please proceed on your Motion, Representative."
"Thank you, Mr. Speaker. The… House Bill 2822 was passed last year unanimously, came over from the Senate with an Amendment for Concurrence. And what the Amendment would do is just make some small changes… and I'm looking them up on my evaluation here while I was surprised. It would do four 09900141.docx 15 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 things. Number one, it changes the membership of the task force and adds someone appointed by the Governor from the Chicago Trafficking Task Force. It also adds someone from the director of the State Police or its designee. It also changes the dates from June 30 of 2016 to June 30 of 2017. And provides that it's repealed and the task force is abolished on July 1, 2017, rather than 2016. And I ask that we concur."
"Those who support 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 take the record. There are 117 voting ‘yes’, 0 voting ‘no’. And the House does concur with Senate Amendment #1 to House Bill 2822. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 1380, Mr. Phelps. Please proceed on your Motion."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move to concur with… on House Bill 1380, Amendment #1 that came from the Senate. We actually made the Bill a little bit better. We made the Illinois Municipal League to be neutral on this. And I just ask for its adoption."
"Mr. Sandack on the Motion."
"Thank you. Will the Gentleman yield?"
"Gentleman yields."
"Brandon, could you just elaborate just a little bit more? I know you got IML to neutral. What else changed in the Senate, please?"
"More or less, Ron, they said the Municipal League and the Firefighters got together and said, loser pays. That's pretty much what the Amendment says. They wanted to make sure 09900141.docx 16 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 they had it in… in writing. So, loser pays pretty much what it is."
"Okay."
"And that took the Municipal League's opposition to neutral."
"And the Firefighter’s Association too?"
"Yeah. I think that they're… of course, I think they're for it, I mean, it's their Bill. So, I mean…"
"I'm sorry. The Illinois Fire Chiefs Association, pardon me."
"Yeah. And Ron, I don't know about that 'cause they've never contacted me on this Bill and I've had it for over a year. So, I haven't heard from them one… at all."
"So, now just to you know, make sure I’m clear. If… if the thing gets challenged in court, loser pays?"
"Yeah. It's just loser pay. And… and Representative Sandack, you know, I mean, we're just trying to weed out all the frivolous appeals ‘cause they appeal, appeal, appeal. So, we're just trying to… and I think it's a good taxpayer Bill because it just makes sure it's… it doesn't waste taxpayer money."
"Thank you, Brandon."
"Thank you, Ron."
"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, Members. Evans. Mr. Clerk, please take the record. On this question, there are 82 voting ‘yes’, 33 voting ‘no’. And the House does concur with Senate Amendment #1 to 09900141.docx 17 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 House Bill 1380. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 2569, Mr. Cabello. Please proceed on your Motion."
"Thank you, Mr. Speaker. I move to adopt Amendment #4 and 5 and concur with the Senate."
"Please explain what the Senate Amendments do, Sir."
"Thank you. Senate Amendment #5 deletes the requirement that a defendant who pleads guilty shall have the court explain the consequences of the plea on the defendant's ability to acquire loans for education or other purposes, enrolls in certain degree programs and retains or obtains custody of a child. The underlying Bill is the same. The Senate believes that this will help with the judge's orders. And it is still an agreed upon bipartisan Bill. I'd requestfully ask for an 'aye'."
"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? Please take the record. There are 117 voting ‘yes’, 0 voting ‘no’. And the House does concur with Senate Amendments 4 and 5 to House Bill 2569. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3333, Mr. Rita. Please proceed on your Concurrence Motion, Sir."
"Thank you, Mr. Speaker. I move to concur in Senate Amendment #1 on House Bill 3333. And basically what the Senate did was clarifies that a real estate broker who is also a certified real estate appraiser can prepare a broker price opinion or a competitive market analysis. I ask for its approval." 09900141.docx 18 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Representative Ives on the Motion."
"I'm just wondering, was there anything in here about a fee increase, or fees, or new fees about this?"
"Not that I'm aware of. This was just to clarify some language in terms of preparing analysis on market price and to define and clarify what a broker can do and… versus an appraiser. So, they're not doing appraisal work."
"Okay. So, I mean, our analysis says that they may charge a fee not to exceed $500 to be paid at the time of submission of a renewal application as a registered appraisal management company?"
"Where's that at?"
"I'm reading Senate Amendment 1, which, obviously, I was on this Bill before and then they changed it in the Senate. And…"
"You're still on it."
"Our analysis says that there… that they can now charge a fee. Are they currently charging that fee and it's just getting deposited elsewhere or what?"
"Well… All right. I just… that would be… it’s part of the underlying Bill was part of… to create the Appraisal and Management Cover… Company Recovery Fund so that they could recover fees if there would be something that would happen in terms of a bankruptcy court or a federal bankruptcy court in terms of an appraiser."
"Okay."
"But, that was part of the underlying Bill."
"I… I just wanted to make that clear to people who are voting on this, so that they understand that this is something 09900141.docx 19 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 that the appraisers themselves have asked for or that they're okay with?"
"This… this was an initiative of the appraisers."
"Okay. Thank you. That's… I just wanted to do that for clarification."
"They wanted to create this fund because there was an issue in terms of the fund… in terms of collecting fees if… if there would be a bankruptcy that would had to occur, if there were fees incurred."
"Okay."
"But this was all their initiative. I carried it on behalf of them."
"I just wanted to make others aware that this was… that was part of the deal. Thank you very much."
"Mr. Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, I'm reading the analysis and my… and my question focuses on the fact that apparently right now the administrative fund as of February 2015 had $2.3 million in it. Do you know how much they have today?"
"No, I don't."
"This is my concern because the way the Bill is written now with the Senate Amendment it indicates that the Department would not seek a fee unless the fund drops below $500 thousand. But if the fund fell below 500 thousand, they'd ask for fees. Is that your understanding?"
"Yes. I believe so." 09900141.docx 20 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Okay. So, here's my issue with that. I wouldn't have a problem if we would put in a provision saying that this fund can't be swept, but I know that some of the Governor's ideas to fund the budget impasse as… as we did last year… as he did last year, he took $450 million from some funds and now he's trying to say that they shouldn't be paid back. And my concern is, if we take these fees they aren't going to be used for the intended reason, but instead could be swept… even if they have more than $500 thousand… be swept to bring it below that amount so then the department would then be issuing new fees and people would be paying essentially a fee for something they weren't getting any service for."
"And… and I agree with you on that. This is a Bill that wasn't part of this General Assembly. It was… it was part of the very beginning of this General Assembly that we worked on and it's taken this long to… to work out the clarification with the appraisers and the… the… the parties that were all interested to make it an agreed. But it doesn't have that provision in it. And it's a little too late to do that right…"
"And that's my concern."
"…at this point."
"Yeah, it is too late unfortunately. For that reason, I won't be supporting it, but I would ask that perhaps you might want to do a trailer Bill to have it so it's nonsweepable because if this is able to be swept, it's most likely that it will be. And then these new fees will be in… introduced."
"Thank you."
"Thank you."
"And I'll take that back to them." 09900141.docx 21 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Mr. Rita to close."
"I'd ask for a favorable 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? Please record yourselves. Kelly Burke. Please take the record, Mr. Clerk. There are 70 voting ‘yes’, 43 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed, the House having concurred in Senate Amendment #1. House Bill 3363, Mr. Andrade. Please proceed on your Motion, Sir."
"Thank you, Mr. Speaker. I move for Concurrence of Senate Amendment 1. Senate Amendment 1 replaces everything in the enacting clause. It amends the Recyclable Metal Purchase Registration Law. This Amendment requires that the Recyclable Metal Theft Task Force appoint one representative of a local exchange carrier doing business in Illinois to the said task force. As amended, House Bill 3363 will become a trailer Bill to House Bill 0330 which created the Recyclable Metal Task Force. If there's any questions, if not I respectfully ask for a 'yes' 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? Please take the record. There are 117 voting ‘yes’, 0 voting ‘no’. And the House does concur with Senate Amendment #1 to House Bill 3363. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3549, Representative Fine. Please proceed on your Motion." 09900141.docx 22 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Thank you, Mr. Speaker. I would like to concur with Senate Amendments 1 and 3 to House Bill 3549."
"Please explain what the Amendments do."
"The first Amendment gutted the Bill and gave us a shell and the third Amendment became the Bill. First, I would like to thank Members of the House because we passed this Bill out of the House in April of 2015 with the promise to bring it back to the House once we came to a final agreement. And we finally come to an agreement with no opposition that's really going to help doctors and patients in the State of Illinois. What this Bill does is it addresses the issue of step therapy or fail first. What that means is if a doctor prescribes for you a medication that he thinks is going to work best for you, the insurance company might say you have to try and fail at drug A and then try and fail at drug B before we will allow you to go to drug C. What this legislation does is it gives… it establishes some exceptions to step therapy. And if the doctor says, well, we know this medication is going to be dangerous for a person, they would not have to go through those steps. I also have some legislative intent that I'd like to read into the record. The intent of this provision is not to allow an individual that is currently being covered by a health insurance or health benefit plan and that is stable on a medication to stay on that medication for 12 months or until the plan renews. The intent is not for a patient to receive samples from his or her doctor's office in order to be ‘declared stable’ under this provision. This provision was negotiated in good faith between members of the insurance industry and the SAIM Coalition and is only intended for 09900141.docx 23 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 patients who had coverage for the drug they're stable on under a previous or current health plan. I ask for your 'aye' vote."
"Mr. Sandack."
"Thank you. Will the Sponsor yield?"
"Sponsor yields."
"Representative, thank you for reading that additional information. Where is the Illinois Medical Society on your Bill?"
"They are in favor of the Bill."
"They're a proponent?"
"Yeah. There's no opposition to the legislation."
"I was going to say, the insurance companies now have negotiated so there's no opposition?"
"No opposition."
"Thank you, Representative."
"Those in favor of the Lady's Motion will vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Please take the record. There are 117 voting ‘yes’, 0 voting ‘no’. And the House does concur with Senate Amendments 1 and 3 to House Bill 3549. And this Bill, having received a Constitutional Majority, is hereby declared passed. Mr. Clerk."
Clerk Bolin: "Committee Reports. Representative Currie, Chairperson from the Committee on Rules reports the following committee action taken on May 31, 2016: recommends be adopted a Motion… recommends be adopted Floor Amendment #2 to Senate Bill 2604."
"House Bill 3554, Mr. Guzzardi. Please proceed on your Motion." 09900141.docx 24 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Thank you, Speaker, Members of the House. I move to concur with Senate Amendment 1 to House Bill 3554. This is the Bill involving wage theft for undocumented persons that we discussed a couple of weeks ago. The Senate just had some small technical changes that were recommended by the Department of Labor pertaining to changing a few definitions and moving around a couple of dates. It's small and technical; it's all agreed. And I ask for an 'aye' vote."
"Mr. Sandack."
"Thank you. Will the Gentleman yield?"
"Gentleman yields."
"Will, with these small technical changes that the department ensued are they now in favor of your Bill?"
"Yes. And they… they've been working with us throughout the whole process. Yeah."
"So, when I see the Department of Labor as an opponent, as amended, they're no longer an opponent as amended?"
"They are not; that's correct."
"What about the business organizations?"
"Yeah. There are no known opponents to this Bill."
"Everyone's agreed now?"
"It's really the department and the Comptroller, business isn't really addressed in this Bill."
"They're not?"
"And… and they're all good. Yeah."
"One more time."
"Sure. This Bill… this Bill does not touch business in any way."
"Okay." 09900141.docx 25 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"So, they haven't weighed in at any point in the process. The department and the Comptroller are the people who are affected by this Bill and they're supportive… or not opposed at least. Yeah."
"Thank you."
"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? Mr. Clerk, please take the record. On this question, there are 116 voting ‘yes’, 0 voting ‘no’. And the House concurs with Senate Amendment #1 to House Bill 3554. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3898, Representative Kelly Burke. Please proceed." Burke, K.: "Thank you, Mr. Speaker. I move to concur in Senate Floor Amendments 2 and Senate Floor Amendment 1 to House Bill 3898. There are two parts to this Bill. The first is cleanup of the Marriage and Dissolution of Marriage Act that we passed last Session. There were some inadvertent things that were… were left out that were added in and a couple Sections that actually were taken out from the prior statute that should have been kept in. And so, those are restored. The second part is a Section of the Parentage Act that was not in last year's rewrite of the Parentage Act. And this deals with updating and modernizing the part of the statute, Article 7, regarding assisted reproduction. I ask the Motion be adopted. Or that the Motion… an 'aye' vote on the Motion."
"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? Record 09900141.docx 26 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 yourselves, Members. Please take the record. There are 109 voting ‘yes’, 8 voting ‘no’. And the House does concur with Senate Amendments 1 and 2 to House Bill 3898. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 3982, Representative Kelly Burke. Please proceed on your Motion." Burke, K.: "Thank you, Mr. Speaker. I move to concur… this is a Motion for Concurrence in Senate Amendment #1. And all it does is move the effective date to July 1, 2017."
"Mr. Sandack."
"Thank you, Mr. Speaker. Will the Lady yield for a couple of questions?"
"Sponsor yields."
"Kelly, can you just elaborate a little bit on the effective date? Just remind people what the Bill does." Burke, K.: "So, the Bill… the Bill changes the child support from a net income guideline to income shares. So, it passed the House no problem, passed the Senate. And the only change was a request from HFS to delay the implementation to give them time to change their forms and computer systems…"
"To get caught up a little bit?" Burke, K.: "…to have the new changes. Yeah."
"Thank you."
"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. Jones, Hays. Please take the record, Mr. Clerk. On this question, there are 115 voting ‘yes’, 2 voting ‘present’. And the House does concur with Senate Amendment #1 09900141.docx 27 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 to House Bill 3982. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 6418, Mr. Tryon on House Bills Second Reading. Mr. Clerk, please read the Bill."
"House Bill 6418, a Bill for an Act concerning local government. This Bill was read a second time on a previous day. No Committee Amendments. Floor Amendment #1, offered by Representative Tryon, has been approved for consideration."
"Mr. Tryon on the Amendment."
"House Amendment 1 to House Bill 6418 makes a change under the County Codes for a chairman who are elected countywide, McHenry County is actually going through its first election where it will elect its chairmen countywide. And in the statute there are different types of county chairmen. And there are those county chairman who get to vote to break a tie and that is in populations on counties over 450 thousand. This lowers this to 300 thousand and also says that a county board chairman may not be a county board member and a county board chairman, if they are, in fact, elected countywide. So, if there are any questions, I'd be glad to answer them."
"Those in favor of the Amendment will say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Please read the Bill."
"House Bill 6418, a Bill for an Act concerning local government. Third Reading of this House Bill."
"Mr. Tryon." 09900141.docx 28 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Again, I… I explained what the Amendment does and what the Bill does. And I think this will be good public policy. It will only really affect Lake and McHenry Counties as it relates to giving chairmen, elected countywide, a chance to vote to break a tie. Lake is a chairman that's a voted in by its… its own board, so it won't actually apply to them unless they run a referendum and elect their chairmen countywide. So with that, I would urge an 'aye' vote."
"Mr. Moffitt."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, just for a statement of intent. It's clear that this would not impact… like there are many counties that have board members that are elected by districts and then from within the… with that group of elected members they select a chair?"
"That's correct."
"And so, when I was reading the analysis and we talked about that it said, you know, that you couldn't be the chair and a district board member. That's not what it… the intent or this purpose?"
"Those that are… this… so the form of county government that… where the county board actually elects its own chairman, where the county board chairman isn't elected by the voters this won't have any impact on them."
"No impact?"
"Right."
"My home county, you know, your district members…"
"Right." 09900141.docx 29 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"…one of those district members then is elected by the board itself to be the chair?"
"That is correct."
"So, we're not changing anything for them?"
"Not changing that."
"Thank you very much. Appreciate your responses."
“You’re welcome.”
"Mr. Franks."
"Thank you, Mr. Speaker. I appreciate my friend, the former chairman of the county board, bringing this forward. I think it's a… it makes sense, but due to a potential conflict of interest, I'll have to vote 'present' on this Bill."
"Those… 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? Harris, Hoffman. Please take the record. There are 116 voting ‘yes’, 1 voting ‘present’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bills-Third Reading, Senate Bill 2804, Mr. Welch. Please read the Bill, Mr. Clerk."
"Senate Bill 2804, a Bill for an Act concerning civil law. Third Reading of this Senate Bill."
"Mr. Welch."
"Thank you, Mr. Speaker. Senate Bill 2804 is an agreed Bill between Heartland Alliance and the pay day lenders and the Credit Unions. It strengthens consumer protections for pay day loan borrowers in a process called wage assignment. It brings parity with Federal Law. And it basically gives 09900141.docx 30 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 employees a right to revoke a wage assignment at any time. I ask for an 'aye' vote."
"Mr. Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, can't an employee revoke a wage assignment right now unless… at any time prior to judgement entering?"
"Jack, they can, but under current law the forms are not clear. In this Bill, the forms… it's an agreed upon form that now makes it clearer. And again, it's… it's an issue that we're trying to make it easier for the consumer."
"Okay. That makes sense. So, you're saying there's some confusion where people who sign something don't understand that they can rescind their voluntary wage garnishment. So, this would make it cle… easier for them to know the rules and to allow them to rescind the wage garnishment, if they so choose?"
"That is correct."
"Well, that makes sense. Thank you."
"Those in favor of the Gentleman's Bill will vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Verschoore. Please take the record. There are 117 voting ‘yes’, 0 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 2261, Mr. Zalewski. Mr. Zalewski. Out of the record. Senate Bill 2359, Mr. Martwick. Please read the Bill." 09900141.docx 31 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Senate Bill 2359, a Bill for an Act concerning civil law. This Bill was read a second time a previous day. No Committee Amendments. No Floor Amendments. No Motions are filed."
"Third Reading. Please read the Bill."
"Senate Bill 2359, a Bill for an Act concerning civil law. Third Reading of this Senate Bill."
"Mr. Martwick."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. Senate Bill 2359 amends the Condominium Property Act. And what it does… if you'll just bear with me for a second here. The Bill changes the Act to clarify the inconsistency within Section 18.4 of the Illinois Condominium Property Act. And what it does is it allows elected boards of directors by a majority of vote to execute various bank documents to secure a loan on behalf of the association. Currently the language has a qualifier relating to condominium instrument and there's a concern that some old condominium declarations and bylaws, they require up to two-thirds of the owner's to vote when incurring expenses in excess of a certain capped amount, sometimes as low as $5 thousand. So, this would remove that and allow the execution of bank documents on a vote of the majority of the board. I ask for an 'aye' vote."
"Those in favor of the Gentleman's Bill will vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Leitch, Nekritz. Please take the record. There are 107 voting ‘yes’, 9 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Under 09900141.docx 32 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 Consideration Postponed, Senate Bill 2600, Mr. Welch. Please proceed, Sir."
"Thank you, Mr. Speaker. Senate Bill 2600 is a Bill that we debated a couple of days ago. We debated it at length. I… I want to make a couple of quick points. Senate Bill 2600 is companion legislation. We passed earlier in this chamber on May 26 Senate Bill 2531. What that Bill did was it dealt specifically with not-for-profit corporations and amended the General Not For corporation… Not For Profit Act. It deals with things like the new… newly created agency that the Governor did by Executive Order. Senate Bill 2600 deals with Acts that we… we talked about like the Economic Development Area Tax Increment Allocation Act, County Economic Development Project Area Property Tax Allocation Act and those others that are listed. Under those Acts, specifically, there are powers that allow for the creation of commissions. If a commission is created under those Acts and those commissions receive public funds, then the boards of those commissions must have at least two members of a labor council or labor councils and at least two members from separate minority groups. I ask for an 'aye' vote in support of Senate Bill 2600, an initiative of the Illinois AFL-CIO."
"Mr. Sandack."
"Thank you. Will the Gentleman yield?"
"Sponsor yields."
"Thank you. Representative, we did have a rather lengthy discussion and debate on this. I don't wish to rehash it entirely. I only have a few questions since we last discussed 09900141.docx 33 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 it. Does your Bill implicate and affect Tax Increment Financing boards and associations?"
"Are you… are you talking about the joint review board specifically?"
"Yes."
"Only… no, it does not. It deals with commissions that oversee the TIF process."
"And which commissions oversee the TIF process, Representative?"
"Well, governing boards sometime enact commissions and delegate their authority to commissions. One example specifically that has been delegated this way is the Village of Northbrook's Economic Development Commission."
"So, they have a role on that TIF… in… on the TIF Joint Commission?"
"Not on the… on the… there is a…"
"TIF per say, but they have a… they're involved within that TIF District with respect to economic development?"
"That is correct."
"All right. How many TIF Districts are there in Illinois, do you know?"
"I do not know the answer to that."
"How many economic development corporations are there in Illinois, do you know?"
"You… you just said economic development corporation? I don't know."
"Okay. Yes. How many boards associations, economic development corporations or whatever… how many organizations would be affected by your Bill?" 09900141.docx 34 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"I don't have a specific number; however, if one is created under the powers enumerated in these Acts, this law would apply."
"Well, the reason I ask those questions, Chris, because we talked about it last time. I think by the letter of your Bill it's retrospective and would mean if it's signed into law it would affect not only new organizations, but past ones?"
"Mr. Wehrli."
"I don't think he answered my question."
"I'm sorry, Sir. I thought… I saw you walk away from your mic. I thought you were finished."
"Well, I… he… he was talking with counsel."
"Correct. Mr. Welch."
"Right. We… we did talk about this extensively before, but you know, just for clarity on the record. If it's not specifically mentioned in the legislation that it's retroactive, then it's prospective. And we've gone through the language and it not specifically says it's retroactive. So…"
"Well, it doesn't say it's prospective and it only affects new organizations. Isn't that correct?"
"Well, it's my understanding that we would have to specifically state in the Bill that it's retroactive and we don't do that here. Our intent is for this to be prospective and the language is consistent with that."
"All right. Well, I… I'm not sure it's consistent at all, but I… I think your answers are. So, that I respect. Thank you for answering the questions. To the Bill, Mr. 09900141.docx 35 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 Speaker. The Gentleman passed a substantially similar Bill, pretty partisan Roll Call. This Bill does not really help organizations that are going to be tasked with the task of adding new members in the absence of some clear language that is prospective only. In the absence of that, I think you're going to have hundreds maybe even thousands of different boards, commissions and organizations that now must be compliant with this law. I think that this is… Of course, it's the last day, right? So, we're kind of cutting it to the 11th hour. I think a 'no' vote is advisable. Thank you, Mr. Speaker."
"Mr. Welch to close."
"Thank you, Mr. Speaker. Senate Bill 2600 will simply allow for more diversity on local economic development commissions. I think this is good policy. And I ask for an 'aye' vote."
"Those in favor of the Gentleman's Bill will vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Please record yourselves, Members. Sente. Please take the record. There are 64 voting ‘yes’, 51 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Concurrence, Senate… House Bill 4264, Representative Hurley. Please proceed on your Motion."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move to concur with Senate Floor Amendment #2 to House Bill 4264. The Amendment allows cosmetologists that took a domestic violence awareness class at the Midwest conference this past March to use that class as a credit 09900141.docx 36 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 towards their continuing education requirement. I move for its adoption."
"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 take the record. There are 115 voting ‘yes’, 2 voting ‘no’. And the House does concur with Senate Amendment #2 to House Bill 4264. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4318, Mr. Moffitt. Please proceed, Sir."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. House Bill 4318 is the Bill that… we have a very popular program in the state that allows farms that have been in the same family for 100 or 150 years to be designated as centennial or sesquicentennial. This does the same thing for agribusiness. The Senate made a minor change. The original Bill said that if adopted the Department of Agriculture may sell at cost to qualified applicants signs designating the agribusiness that has been operated for 100 years or 150 years as the same agribusiness in Illinois. The Senate changed that just to say it requires the Department of Agriculture to provide the applications and that the fee for that would be returned with the application. No opponents. Farm Bureau and Ag Department are proponents. Be happy to entertain any questions."
"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? Jesiel. Please take the record. There are 117 voting ‘yes’, 09900141.docx 37 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 0 voting ‘no’. And this… and the House does concur with Senate Amendment #1 to House Bill 4318. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4518, Mr. Davis. Please proceed, Sir. Excuse me. The number is 4517, Mr. Davis." Davis, W.: "Thank you very much, Mr. Speaker. I move to concur in Senate Amendment #1 to House Bill 4517. As the House knows, we passed two Bills out of here from the House to the Senate, 4517 and 4518. The Senate hijacked 4518 and pushed the language of 4518 on to 4517, which is Amendment #1. And I believe 4518 was with regard, if I remember correctly, it was with regard to the Health Services and Facilities Board and their ability to contract out the types of services that they utilize. And just for the record, in case anybody from AFSCME is listening, they are not attempting to contract those services out to outside the state. They are… they are… most of those services are done by employees of the Department of Public Health. And so, they would use other state agencies to provide those same services like CMS, for instance, for HR and other services. So, if I… I think I might have explained that correctly. If not, just let me know of course. Thank you, Mr. Speaker."
"Mr. Sandack on the Motion."
"Thank you. Will the Gentleman yield?"
"Sponsor yields."
"Representative, are… the entirety of the two Bills haven't been amended, right? All they've… have been done is consolidated?" Davis, W.: "Just consolidated." 09900141.docx 38 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"So, nothing material or substantive in the body of the two Bills has changed?" Davis, W.: "No."
"Correct?" Davis, W.: "No. Nothing substantive."
"All right. I mean, ‘cause… I mean, they're… they're the upper chamber. They're the ones with the wisdom. ‘Cause the reason it makes it a little difficult is my records show on 4518 there were 13 'no' votes. I mean, it passed overwhelmingly, but people need to know they're voting for a combined Bill now." Davis, W.: "Yes. That's what I… I hope I conveyed in my earlier statement. I think they're going to use 4518 for something else. Whatever that may be."
"'Cause it's late, right?" Davis, W.: "Hey, whatever that may be. But nevertheless, the language of both Bills have now been combined under 4517."
"So, there's no substantive change?" Davis, W.: "No, substantive changes."
"Thank you, Sir." Davis, W.: "Thank you."
"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. Kelly Burke. Mr. Clerk, please take the record. On this question, there are 109 voting ‘yes’, 8 voting ‘no’. And the House does concur with Senate Amendment #1 to House Bill 4517. And this Bill, having received the 09900141.docx 39 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 Constitutional Majority, is hereby declared passed. House Bill 4536, Mr. Walsh. Please proceed, Sir, on your Motion."
"Got an audience today. I move to concur with Senate Amendment 1 to House Bill 4536. Basically all this does is allows local park district boards to go up to 25 thousand on their bid threshold. If the board decides that they want to have lower amount, they could still do a lower amount. And I'd happy to answer any questions."
"Those in favor of the Gentleman's Motion will vote 'yes'… I did not see your light, Sir. I apologize. The Chair recognizes Mr. Sandack."
"Thank you. Will the Gentleman yield for a few questions?"
"Gentleman yields."
"Larry, you had a quick opportunity… actually you had talked about the Amendment. What changed between the Amendment filed I think two days ago and the original Bill?"
"This is… this is a different Bill."
"Oh, this isn't the one that was amended?"
"Well, it was in the Senate. I've got a different Bill that I talked to you about yesterday that had…"
"Sorry."
"…two different Amendments."
"Okay. So, tell me… then help me go through, what does this one do?"
"So, this one is the bid threshold limit for park district boards… or for park district and forest preserves."
"It extends their ability?" 09900141.docx 40 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"It went from 20 to 25 thousand. The Governor's request was to give the park districts and forest preserves the ability. If they don't want to go up to 25, they don't have to. That's all it did… all the Amendment did."
"Are there any opponents to your Bill?"
"Not that I know of."
"Then why all the whistling?"
"I don't know. Ask these guys behind me."
"You always seem to get whistles, why is that?"
"I don't know. People like me I guess."
"All right. Thank you."
"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. Thapedi. Please take the record. There are 73 voting ‘yes’, 44 voting ‘no’. And the House concurs with Senate Amendment #1 to House Bill 4536. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4576, Representative Harper. Please proceed on your Motion."
"Thank you, Mr. Speaker and Members of the House. I move to concur in Senate Amendments 1 and 2 to House Bill 4576, which creates the Rare Disease Commission. The Floor Amendment removed all opposition from the Bill. And the Department of Public Health is now neutral. The Amendment also does three things: it removes any compensation or reimbursement for committee members, requires the commission to work in conjunction with existing department task forces and sunsets the commission in 2020." 09900141.docx 41 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Those in favor…"
"I ask…"
Speaker Lang: "Sorry, I thought you were finished, Representative."
"I am. I was just going to say, I ask that we concur."
"That's what I thought. 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? Franks, Morrison. Please take the record. There are 101 voting… excuse me, 102 voting ‘yes’, 14 voting ‘no’. And the House concurs with Senate Amendments 1 and 2 to House Bill 4576. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4603, Mr. Bennett. Please proceed on your Motion."
"Thank you, Mr. Speaker. I'd like to concur Senate Amendment 1 with House Bill 4603. Originally, the House Bill 4603 allowed the public defender the option of sending a report to the county board, it could be either monthly or quarterly. So, since then the friendly Senate Bill Amendment came back and what they're asking in this Amendment is to permit county boards to have a consent agenda in their board meetings. So, I move for an 'aye' vote please."
"Mr. Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"I'm not sure I understand the changes and what you're trying to do…"
"Okay." 09900141.docx 42 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"…in this Bill? If you could possibly explain a little bit more?"
"Sure. Absolutely. The K-12 school boards, community colleges, a number of groups have a consent agenda already in their board meetings to where they can put a number of things together and basically pass one vote all at one time. It's agreed to by the board. And of course, anyone that objects to any one of those individual items, they can pull that off and then they can vote on that individually. So, what this allows, Representative, is just the ability to have… county boards to have consent agenda as item as well."
"Don't they have that now?"
"Well, as… that question was actually brought up in committee yesterday. This is to help clarify what that is able to do. So, I do believe some perhaps are using that, but this helps to clarify and now actually puts it into statute."
"Okay. Thanks. I thought they already had it, but…"
"I understand."
"All right. Thank you."
"It's a great question. It was asked yesterday at the same time."
"Thank you.
"Thank you."
"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? Martwick, Guzzardi. Please take the record. There are 114 voting ‘yes’, 3 voting ‘no’. And the House concurs with Senate Amendment 1 to House Bill 4603. And this Bill, having received the Constitutional 09900141.docx 43 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 Majority, is hereby declared passed. House Bill 4630, Representative Ives. Please proceed on your Motion."
"Thank you, Mr. Speaker. I ask that this Body concur with Senate Amendment 2 to House Bill 4630. This Amendment passed the Senate unanimously. And it… the original Bill passed the House unanimously. This makes two small changes. One says… changes the word from ‘newly’ elected official to a ‘duly’ elected official, which means that any elected official has access to closed door session meetings while they are sitting in that position. The other part of the Amendment that was passed in the Senate is language from the Attorney General that just clarifies that the public acts as counselor of the Attorney General still has access to these closed door session minutes when they need it. I ask for an 'aye' vote."
"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? Members, please record yourselves. Burke, Davis, Sims. Please take the record. On this question, there are 116 voting ‘yes’, 0 voting ‘no’. And the House concurs with Senate Amendment 2 to House Bill 4630. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4683, Representative Bellock. Please proceed."
"Thank you very much, Mr. Speaker. I move to concur with Senate Amendment #1 on 4683. And this passed the Senate unanimously and all it does is clarify procedures and limits them to direct appeals rather than all possible post convictions. I know no opposition." 09900141.docx 44 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"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? Please take the record. There are 116 voting ‘yes’, 1 voting ‘no’. And the House concurs with Senate Amendment 1 to House Bill 4683. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4966, Representative Wallace. You may proceed."
"Thank you, Mr. Speaker. I ask that we concur with the Senate language change. We’re replacing a phrase… we are putting ‘in notwithstanding any other provision of this Section’ instead of it saying ‘except as’. This is a Bill regarding assignments of guardian ad litem and better foster care quality for the children of Illinois."
"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? Burke, Conroy, Turner. Please take the record. There are 117 voting ‘yes’, 0 voting ‘no’. And the House concurs with Senate Amendment 1 to House Bill 4966. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5010, Representative Feigenholtz. Please proceed."
"Thank you, Mr. Speaker. I'd like to Motion to Concur with Amendment #1 to House Bill 5010. This is an Amendment that was requested by the state veterinarians that makes the Bill agreed. I'd appreciate your support."
"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? 09900141.docx 45 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 Arroyo. Please take the record. There are 114 voting ‘yes’, 3 voting ‘no’. And the House concurs with Senate Amendment #1 to House Bill 5010. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5472, Representative Gordon-Booth. You may proceed."
"Thank you, Mr. Speaker. I move to concur with Senate Amendment #1, which really states that witnesses who fall under this particular Section of the Crime Victims Compensation Act would also receive notification of court proceedings as well as notification when the offender is released from prison. I ask for your 'aye' vote."
"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? Evans. Please take the record. There are 117 voting ‘yes’, 0 voting ‘no’. And the House concurs with Senate Amendment #1 to House Bill 5472. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5539, Mr. Mitchell. Please proceed." Mitchell, C.: "Thank you, Mr. Speaker. I'm just waiting on my analysis here to catch up. So, House Bill… I move that the House concur with Senate Amendments 1 and 3 to House Bill 5539. It's my understanding this is now an agreed Bill. It's an initiative of the Health Care Council of Illinois. What happened with the first Amendment was there was a concern because of the way the Smart Act was passed under the Quinn administration providers were only keeping records for 6 years. There had been an initiative by the departments to try to do some claw back payments of Medicaid money paid to 09900141.docx 46 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 nursing homes between 30… or 10 and 30 years ago without proper process for nursing homes to appeal. So, they wanted a sort of blanket provision that would only go back 6 years. After a conversation with c… with MCS and ISP and HFS, they've come to an agreement that says unless there is an open and active investigation by a state or federal law enforcement agency within that 6 year period or the MCS is attempting to recover federal share from an HFS overpayment this would apply. So, there is an exception for these two specific protections for ISP and HFS making the agencies neutral. I'd ask for an 'aye' vote."
"Those in favor of the Bill will vote… Excuse me. 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? Crespo. Please take the record. There are 117 voting ‘yes’, 0 voting ‘no’. And the House concurs with Senate Amendments 1 and 3 to House Bill 5539. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5611, Mr. Beiser. Go right ahead, Sir."
"Thank you, Mr. Speaker, Members of the House. I move to concur with Senate Amendment #1 to House Bill 5611. Basically what this does… the underlying language is the same, but added a provision that allows the fire chief to refer an order to the state's attorney if someone fails to comply with their order. We thought this language was in the Bill originally; it was not, so the Senate added it."
"Those in favor of the Gentleman's Motion will vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who 09900141.docx 47 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 wish? Have all voted who wish? Have all voted who wish? Phelps. Please take the record. There are 117 voting ‘yes’, 0 voting ‘no’. And the House concurs with Senate Amendment 1 to House Bill 5611. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5668, Mr. Sims. Go right ahead."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I move to concur with Senate Amendment #1 to Senate… to House Bill 5668. What the Amendment does it allows to… it allows the depart… the individuals who are non-governmental members of the task force to select from within their membership the chairperson. It also removes the responsibility of the Department of Human Services from providing technical support and assistance to the task force. As we move this Bill through the House, we… we have some clarifying language we wanted to get done and that… this is… this meets at least that requirement. So, I know of no opposition. I ask for a favorable Roll Call."
"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? Harper. Please take the record. There are 117 voting ‘yes’, 0 voting ‘no’. And the House concurs with Senate Amendment 1 to House Bill 5668. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5711, Mr. Sosnowski. Please proceed, Sir. Out of the record, Mr. Clerk. House Bill 5720, Mr. Andrade. Please proceed." 09900141.docx 48 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Thank you, Mr. Speaker, Ladies and Gentlemen. House Bill 5720, I Motion to Concur for Senate Floor Amendment #1. Senate Floor Amendment #1 adds a 14th member to the Task Force on Computer Science Education. The 14th member must be a chief executive officer of Chicago Public Schools or his or her designee. If there are any questions, if not I ask for…"
"Mr. Sandack."
"Thank you. Will the Gentleman yield?"
"Sponsor yields."
"Is there any opposition to this change, Jaime?"
"Since day 1 of the Illinois… ISBE had… had some concerns. Well, not really concerns. They feel that this might fall under P-20, the Council. But the problem with P-20, it's such a large range from twelve… Kindergarten… from preschool all the way to the 20th… to the end of high school and college. And I think we need to concentrate more on a… just a computer task force. Now, one of the things that should consider is that the person that calls this meeting is a State Board… the… of Education. So, if they don't want to call a meeting, they don't have to. So, it's not going to force them to do anything…"
"Okay. So make sure I understand you. Forget this Amendment, ISBE is… ISBE has been opposed from the get go because they don't think they have the administrative staff to staff this task force?"
"No. They just said they feel it might be a duplicate. They never said that. All they feel is that maybe this could fall under P-20." 09900141.docx 49 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Got it. Wow. Something was funny back there. Thank you, Jaime."
"Thank you."
"Those in favor of the Gentleman's Motion will vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Tryon, Unes. Please take the record. On this question, there are 102 voting ‘yes’, 14 voting ‘no’. And the House concurs with Senate Amendment 1 to House Bill 5720. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5729, Representative Kelly Burke. Please proceed." Burke, K.: "Thank you, Mr. Speaker. I move to concur in Senate Amendment #2 to House Bill 5729. It does three things. It adds in some… this was the competency-based pilot program. It adds in some protections for teacher rights from the waiver process for the competency-based pilots. Allows for waivers of licensure requirements, but requires an appropriate… appropriately licensed teacher to be part of the process for verifying competency attainment. And restricts annual cohorts involved in the pilot to 12 districts for the first two years and 15 districts in the subsequent years. I ask for an 'aye' vote."
"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? Ammons, Harper. Please take the record. There are 117 voting ‘yes’, 0 voting ‘no’. And the House concurs with Senate Amendment 2 to House Bill 5729. And this Bill, having received 09900141.docx 50 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 the Constitutional Majority, is hereby declared passed. House Bill 5775, Mr. Martwick. Please proceed."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move to concur with Senate Amendment 2 to House Bill 5775. The underlying Bill amended the Vital Records Act to make sure that records in Illinois complied with federal guidelines. The Amendment in the Senate also would require that the Department of Healthcare and Family Services and Public Health provide instructions to hospital personnel regarding any new data elements added to these forms, which is the voluntary acknowledgement of paternity form, the denial of parentage form and rescission of voluntary acknowledgment of paternity or a denial of parentage forms. It also makes a technical change to correct the name of the voluntary acknowledgment of paternity form that was inadvertently missed. I… there are no opponents that I'm aware of. And 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? Chapa LaVia. Please take the record. There are 117 voting ‘yes’, 0 voting ‘no’. And the House concurs with Senate Amendment 2 to House Bill 5775. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5781, Representative Bellock. You may proceed."
"Thank you very much, Mr. Speaker and Members of the House. I move to concur with Senate Amendment #2, which was voted out of the Senate unanimously. The underlying Bill was regarding the disposal of unused medications at the scene of 09900141.docx 51 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 a death. And so what Senate Amendment #2 does, two things. Provides that prior to the disposal of the medication collected as evidence in a criminal investigation, under this Section a police officer, coroner or medical examiner shall photograph the unused medication in its container or packaging and then document the number or amount of medication to be disposed of and include the photograph and documentation in the police report. Number two, if an autopsy is performed at the death of an… as a part of a death investigation no medication seized under this Section shall be disposed of until after a toxicology report is received by the entity that's requesting that. I know of no opposition."
"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? Riley. Please take the record. There are 116… 117 voting ‘yes’, 0 voting ‘no’. And the House concurs with Senate Amendment #2 to House Bill 5781. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5902, Mr. Guzzardi. You may proceed."
"Thank you, Mr. Speaker, Members of the House. I ask that we concur in Amendments 1 and 3 from the Senate. This is the Bill that we passed recently pertaining to free speech rights for student journalists. Senate Amendment 1 is a small change requested by the Trial Lawyers to exempt willful and wanton misconduct. And Senate Amendment 3 removes the opposition of the Statewide School Management Alliance by making a few technical changes. With their opposition 09900141.docx 52 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 removed, there are no opponents remaining to the Bill. And I ask for an 'aye' vote."
"Mr. Demmer."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, has the teacher caucus taken a position on this Bill?"
"You know, I wish they would. I don't…"
"Thank you."
"…know what they're up to though these days."
"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? Please take the record. There are 117 voting ‘yes’, 0 voting ‘no’. And the House concurs with Senate Amendments 1 and 3 to House Bill 5902. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5930, Mr. Breen. Please proceed."
"Thank you, Mr. Speaker. This is the Bill that we had… it was cleanup to ensure that the reporting of certain employment progress of women and minorities moved officially in statute to the Department of Employment Security from the Department of Labor. The work’s being done by the Department of Employment Security. Also had a Section that would move us into the 21st century, allow for review of certain information on the Internet by certain… that relates to certified nurse's aides. The Senate added a slight Amendment to take an… an annual report and make it biennial. So, that is the only change there. I would move that we concur with Senate Amendment 1." 09900141.docx 53 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"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? Harper, Jackson, Wallace. Please take the record. There are 117 voting ‘yes’, 0 voting ‘no’. And the House concurs with Senate Amendment 1 to House Bill 5930. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5945, Representative Tabares. Please proceed."
"Thank you, Mr. Speaker. I move to concur Senate Amendment #1 to House Bill 5945, which adds documented immigrants to the provisions of the Bill. I ask for an 'aye' vote."
"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? Mr. Clerk, please take the record. On this question, there are 98 voting ‘yes’, 14 voting ‘no’, 1 voting 'present'. And the House concurs with Senate Amendment #1 to House Bill 5945. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5948, Mr. Zalewski. Please proceed, Sir."
"Thank you, Mr. Speaker. I move to concur in Senate Amendments 3 and 4 to House Bill 5948. This ends the 100 years' war between the dentists and the dental hygienists by putting some things in the statute with respect to rule- making that the Dental Association asked for. I'd ask for an 'aye' vote."
"Mr. Brady." 09900141.docx 54 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Thank you very much, Mr. Speaker. On the last Bill, I… my intention was to vote 'no' on House Bill 5945."
"The record will reflect your intention. Mr. Phelps."
"I ditto what Representative Brady just said. I'd like to be recorded as a 'no'."
"The record will reflect your intention. On Mr. Zalewski's Bill, 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? Stewart. Please take the record. There are 117 voting ‘yes’, 0 voting ‘no’. And the House concurs with Senate Amendments 3 and 4 to House Bill 5948. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 6010, Mr. Stewart. You may proceed, Sir."
"Thank you, Mr. Speaker, Members of the House. I'm asking for your Concurrence on Senate Amendment 1 to House Bill 6010. Senate Amendment 1 becomes the Bill. It… in that a person commits vehicle… vehicular endangerment when he or she strikes a motor vehicle by causing an object to fall from an overpass. We're adding the words, ‘or other elevated location’, to that. I'm aware of no opponents. And it passed the Senate unanimously. I'd ask for your support."
"Mr. Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"This is completely different than the underlying Bill, correct?"
"Correct. Senate Amendment 1 becomes the Bill." 09900141.docx 55 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Okay. Because the underlying Bill had a number of people who voted against it, myself included. And it… so this is completely different in that you are criminalizing the behavior of someone dropping something from an elevated platform or something on to a vehicle or a person?"
"It… it… it already is the law, Jack. And what it's adding is 'or other elevated locations'. So in other words, if someone stands on an overpass and throws a brick at a car, it meets the definition of the statute. But if someone throws a brick from a hill or throws a brick from a building or throws a bick… a brick from another structure, it doesn't meet the statutory requirements. So, we're adding the words 'or other elevated location'."
"Makes perfect sense. Thank you."
"Thank you."
"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? Hoffman, Cavaletto. Please take the record. There are 116 voting ‘yes’, 1 voting ‘no’. And the House concurs with Senate Amendment #1 to House Bill 6010. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 6084, Representative Kifowit. Please proceed on the Motion."
"Thank you, Mr. Speaker. This is coming over for Concurrence. It just clarifies the law with regards to rabies. So, the Senate Amendment just clarifies." 09900141.docx 56 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Mr. Sandack. Before you proceed, Mr. Sandack. Ladies and Gentlemen, the noise level is too high in this chamber. Mr. Sandack."
"Thank you. Will the Sponsor yield?"
"Sponsor yields."
"Stephanie, could you just elaborate a little bit on what the change is that we're concurring to?"
"The… the change was brought to us by IRMA. There was a little bit of discrepancy with regard to dog groomers and the notification. So, we clarified that to make sure that notification had to be given within 24 hours by the owner if it was related to the owner at a dog grooming facility."
"Perfect. Are there any opponents?"
"No. No opponents."
"Thank you."
"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? Guzzardi, Martwick. Please take the record. There are 117 voting ‘yes’, 0 voting ‘no’. And this… and the House concurs with Senate Amendment 3 to House Bill 6084. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes the Clerk."
Clerk Bolin: "Committee Reports. Representative Currie, Chairperson from the Committee on Rules reports the following committee action taken on May 31, 2016: recommends be adopted Floor Amendment #1 to Senate Bill 324."
"Mr. Bennett." 09900141.docx 57 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Thank you, Mr. Speaker. Point of personal privilege, please."
"Proceed, Sir."
"I'd like to… House Bill 5945, please, I'd like to have my vote recorded as a 'no'."
Speaker Lang: "The record will reflect your intention. Representative Jimenez."
"Point of personal privilege, Mr. Speaker."
"Proceed."
"I'd like to introduce my two Pages for the day, Emily Graham who goes to school in Chatham and she'll be in 8th grade. And Daija Lott is going to be in 5th grade at Butler School here in Springfield. Thank you, ladies, for being here today."
"Welcome. Thanks for joining us on the House Floor today. Mr. Davidsmeyer is recognized."
"On House Bill 5945, I would like to be recorded as a 'no' vote, please."
"Your… the record will reflect your intention. House Bill 6167, Representative Sente. Please proceed on your Motion."
"Thank you, Mr. Speaker. I move to concur with Senate Amendment 3 to House Bill 6167. This Amendment is a gut and replace. It relocates the exact language that we passed into a different Section of the Election Code per the request of the State Board of Elections. It passed unanimously in the House… Senate."
"Those in favor of the Lady's Motion will vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who 09900141.docx 58 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. There are 110 voting ‘yes’, 7 voting ‘no’. And the House concurs with Senate Amendment 3 to House Bill 6167. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 6200, Representative Ammons. Please proceed."
"Thank you, Mr. Speaker. I move for Concurrence with Senate Amendment 1 on House Bill 6200. First and foremost, I do want to thank our Republican Minority Spokesperson, Sandack, and the Governor's Office on helping us get to this point. At this point, House Bill 6200 is an agreed Bill. But, it will bring much needed relief to families in Illinois on maintaining their connection with their loved ones while they're incarcerated. It is an excellent Bill. And we appreciate the work on the other side of the aisle. I ask for a Concurrence on Senate… Senate Floor Amendment 1."
"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. Bellock. Please take the record. There are 79 voting ‘yes’, 38 voting ‘no’. And the House concurs with Senate Amendment #1 to House Bill 6200. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 6213, Representative Ammons. Still your turn, Representative."
"Thank you, Mr. Speaker. House Bill 6213, there are two Amendments on this one. It reduces the information gap that currently exists for Medicaid recipients in managed care. And it increases overall transparency within the Medicaid managed 09900141.docx 59 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 care system. SCA 1 and SFA 2 both addresses a few remaining concerns that happened from the House over to the Senate. And we want to concur with 1 and 2."
"Those in favor… Excuse me. Mr. Sandack."
"Sorry about that, Mr. Speaker. Will the… the Lady yield?"
"Lady's proud to yield, Sir."
"Thank you. Representative, with these Amendments are there any opponents to your Bill?"
"No, that made this an agreed Bill."
"Thank you."
"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? Mr. Brady. Please take the record. There are 117 voting ‘yes’, 0 voting ‘no’. And the House concurs with Senate Amendments 1 and 2 to House Bill 6213. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Butler is recognized."
"A point of personal privilege, Mr. Speaker."
"Please proceed."
"I'd like to introduce my Page for the day, Camden Welander from Williamsville, Illinois. He just finished the 6th grade. In Williamsville, the elementary school is the Bee Bees and the high school is the Bullets. So, I'd say go Bee Bees and Bullets. Thanks for being here, Camden."
"Thank you, Representative. Thank you, young man. Happy to have you with us. Moving to page 16, House Bill 6303, Leader Durkin. Please proceed, Sir." 09900141.docx 60 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Thank you, Mr. Speaker. Just today I happened to look at a Chicago newspaper, the Chicago Tribune, and they had an article about Memorial Day weekend in Chicago. Another banner weekend for Chicago, 69 shot, 6 fatally. Right now in Chicago alone, to date, shot and killed 230, shot and wounded 1,293, total shot 1,523 and we're just halfway through the year. I think a lot of people expect that the summer will probably be even more tragic, sad, terribly disheartening about the gun violence that continues to plague Chicago and also has reached into areas of the State of Illinois. There's many things that we can't do to stop this, but I think we need to do our part and make the best efforts of what we can do in these situations. So, today I present to you House Bill 6303, which creates the offense… offense of firearm traffic… trafficking. 6303 creates an additional tool for law enforcement throughout the State of Illinois, not just Chicago, to target straw purchasers who are not only unable to legally possess a firearm, but buy firearms out of state and bring them into Illinois with the intent to sell them in an illegal black market. Let's be perfectly clear about what this is about and what these shootings are about. Chicago Police, and I trust their analysis, they have stated that the… the alarming rate of firearm violence in Chicago stems from gang members who illegally acquire guns on the black market through straw purchases. I ask for your favorable 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? Burke, Flowers, Hurley. Please take the record. There are 117 voting 09900141.docx 61 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 ‘yes’, 0 voting ‘no’. And the House concurs with Senate Amendment #1 to House Bill 6303. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 6328, Mr. Turner. Please proceed."
"Thank you, Mr. Speaker. I'd like the House to move to concur with Senate Amendment #1 to House Bill 6328. Senate Amendment #1 to House Bill 6328 would do a couple things. So, this is the Bill that deals with expungements for removing the… the barrier of having a prior conviction and that making it ineligible for you to apply for an expungement. And then this also has the fee waiver portion, waiving the fees in cases where there was no disciplinary action taken by the courts. The Amendment that is coming over from the Senate would do two things. It will remove… it will… it will make the fee waiving portion of it a pilot program for one year and it will also…"
"Mr. Sandack."
"Thank you, Mr. Speaker. Will the Gentleman yield?"
"Sponsor yields."
"Art, you and I have had discussions on the floor and in committee about this. I support the Bill, but we have to be clear on something. ISP still has some reservations about the expungement… the expense…"
"Fiscal."
"…right, the fees of being waived with expunging even if it's a pilot program. Do we have any assurances of… kind of in-program oversight if this gets out of control because, obviously, we don't have a budget still. We must be cognizant of our costs. Is there something, kind of a fail-safe, built 09900141.docx 62 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 into this Bill or you're willing to give as an assurance to make sure this doesn't get out of control?"
"So, okay, here's where we are with this. The… the program has been cut in half to where it would only apply to Cook County. And the portion of the fee waiver… the fee waiver portion would only apply to Cook County and it would be a one year pilot program. The… the reason for the one year pilot program is so that we can come back with some hard numbers so that I can continue to work with the Illinois State Police to help them with their fiscal concerns around administering the program. This is something that I committed to doing on the way out of the chamber and I believe that it's the first step to dealing with some of their concerns on that end. Now, they're… they're opposed to this Bill because we don't have a hard line item on here to deal with the fees involved with it directly, but like I said when the Bill went out and over to the Senate, I want to continue to work with them to identify funding sources so that we can… so that we can deal with this program. And cutting it in half and making it a one-year pilot program will give us some hard evidence to come back with and hard numbers to deal with in terms of analyzing the fiscal impact of this program. So, there's been numbers on both sides and arguments on back and forth on whether, you know, expanding the universe will mitigate some of the costs or the loss of revenue or… or how much this will actually impact and how much State Police stands to lose. A one-year look at this, where we would have to come back to the General Assembly and continue to work on it ‘cause these other issues that I'm going to continue work on while I'm 09900141.docx 63 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 down here. And ISP has been great. Sergeant Thompson has been… we've been in discussions around this, he knows how passionate I am about the issue. And I understand his role in having to do due diligence for the Illinois State Police and voice their fiscal concerns on the issue. But it's a good Bill and it's a good program."
"Art, I was on you… I was with you every time."
"Yeah, yeah, okay, okay. Thanks."
"I've been with you in committee every time. I've been with you on the floor every time."
"Yes, Sir."
"I just think we have a duty to make sure the record is clear that there is a fiscal impact that we don't know."
"Absolutely, Representative.”
“Right.”
“So, let's let the record reflect right here today that that's what we want to work on."
"Right."
"That's what we want to deal with. We want some hard line numbers so that we can deal with the fiscal concerns of it. Everybody's dealing with fiscal concerns around here. And we don't want to, you know…"
"I wish… I wish we were doing it all a little more."
"Sure."
"But I agree with you and I appreciate that sentiment. To the Motion. As I said, I am with the Gentleman. I voted on it before, I'm going to vote on it again. But lest there being any doubt we need to be clear, we're putting the fiscal component on the ISP without a budget again, without any 09900141.docx 64 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 fiscal resources we're asking them to do more with less and we're asking them to waive a fee that usually is the basis upon which they operate. So, let's be clear this has a cost. Thank you."
"Representative Wheeler." Wheeler, B.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." Wheeler, B.: "Thank you, Representative, for bringing this forward… for bringing the Concurrence and the Motion. There were some concerns though that ISP had talked to both of us about in regard to who would be eligible for the fee waiver. Could you go through that again, so you're on the record and to be very clear?"
"Yes, Representative. Thank you for that question and… and you and I, we've… we've had discussions around this where it's… I believe it's important that we… we get the legislative intent on the record as in terms of who this will apply to. We're talking about cases only where there has been no disciplinary action taken by the court, there has been an acquittal or dismissal of the charges that were brought against the person and that's where the fee waiver would apply. Not in any other instances. So, when you're talking about supervision and other things like that that were some of the concerns that were being voiced in the Senate as well as by ISP in our discussions, those cases would not apply." Wheeler, B.: "Thank you for doing that."
"At least that's the intent." Wheeler, B.: "I appreciate that, Art. The other… I was just looking at some numbers from 2014 and the Cook County Sheriff. 09900141.docx 65 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 So, you picked Cook County for the pilot program which is their number one county that obviously that would have the expungement issues. And out of their arrests, I think 95 percent actually went to a conviction. So, you're saying that it would not include supervision or probation because that is a tremendous… for all those dismissals and those discharges that's a… along with the probation and supervision that's a huge number of nonactionable items that would and could be considered for your program. So, thank you for making that clear you do not include supervision and probation as well. The other question I have is, we passed 5017 which included immediate expungement for… to put… for petitions for juveniles. Does this affect that as well?"
"I… I just didn't hear that last thing you said. I'm sorry?" Wheeler, B.: "In your Bill… in your original Bill, it says for… do you waive all juvenile expungements for fees or is this held by the same for adults?"
"Same standard. Instances of no… no disciplinary action taken by the court." Wheeler, B.: "No display. So, it would not include supervision and would not include probation, any adjudication for juveniles?"
"You're right, Representative. Thank you for making our intent clear." Wheeler, B.: "Okay. All right. Thank you, Art."
"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? 09900141.docx 66 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 Members, please record yourselves. Yingling, Wallace. Mr. Clerk, please take the record. There are 71 voting ‘yes’, 45 voting ‘no’. And the House concurs with Senate Amendment 1 to House Bill 6328. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Yingling is recognized."
"Yes, I rise for a point of personal privilege. I just wanted to introduce my page for the day, Daniel Ota from my district here in Grayslake. So, let's give him a big, warm welcome."
"Hello, Daniel. Thank you for joining us on the House Floor today. House Bill 6333, Representative Gabel. You may proceed."
"Thank you, Mr. Speaker. I move to concur with Senate Amendment 1 on House Bill 6333. This Amendment makes the Asthma Action Plan permissive rather than mandatory and removes objections from private schools."
"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? Jackson. Please take the record. There are 116 voting ‘yes’, 1 voting ‘no’. The House concurs with Senate Amendment 1 to House Bill 6333. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Joint Resolution 124, Representative Wallace on a Motion to Concur. Please proceed."
"Thank you, Mr. Speaker. This simply adds that it should be I believe Section (b) instead Section (a) to the Federal Voting Rights Act." 09900141.docx 67 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"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? Nekritz. Mr. Clerk, please take the record. On this question, there are 116 voting ‘yes’, 0 voting ‘no’. And the House concurs with Senate Amendment #1 to HJR124. And this Bill… and this Resolution is adopted. Page 8 of the Calendar, Senate Bills-Second Reading, Senate Bill 2604, Mr. Welch. Please proceed, Mr. Clerk."
"Senate Bill 2604, a Bill for an Act concerning business. This Bill was read for a second time on a previous day. Amendment #1 was adopted in committee. Floor Amendment #2 is offered by Representative Welch."
"Mr. Welch."
"Thank you, Mr. Speaker. House Floor Amendment #2 is a technical Amendment. I just added the word annually to apply when it comes to the threshold $1500 in public money for our Chambers. It's a technical Amendment."
"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Please read the Bill."
"Senate Bill 2604, a Bill for an Act concerning business. Third Reading of this Senate Bill."
"Mr. Welch."
"Thank you, Mr. Speaker. Senate Bill 2604 is a… is the Bill that I promised earlier when we were debating Senate Bill 2531 that a trailer Bill would follow. This is the Bill. This 09900141.docx 68 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 Bill is the result of floor debate and further negotiations between AFL-CIO, the Illinois Manufacturer's Association and IRMA. We also had some back and forth with Cook-Witter. All the language that was offered by all parties was added to this Bill. We have defined economic development corporations more narrowly. We also added a threshold of $1500 annually for… for Chambers to donate without triggering the requirements of this Bill. I do want to also say after committee last night I offered language to the Chamber saying… willing to add language to the Bill further. And they basically said that there was nothing I would add to the Bill that would take away their opposition. So, today, I present to you Senate Bill 2604 that coupled with Senate Bill 2531 would make good policy. And I ask for approval."
"Mr. Sandack on the Motion."
"On the Bill, Sir?"
"The Bill."
"Thank you. Will the Sponsor yield?"
"Sponsor yields."
"Thank you. Chris, I commend you on your continuing hard work. I have a sense of déjà vu because when we were really debating the underlying Bill, we were really in fact in some ways debating this Bill a little bit. That's just how it goes. And I know you have worked and reached out to other groups, but the fact is much of the business community and DCEO, the Chamber and the Illinois Economic Development Association as well as the Governor's Office still opposes your legislation. Isn't that fair?"
"That's correct." 09900141.docx 69 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Okay. And while I commend you on trying to address some of the concerns, this group still says and still believes this may be an unnecessary step towards trying to achieve some economic development. They… I think I appreciate your concerns about minority representation. And I have no qualms with that, but some of the other aspects of your Bill I think are not being cured and some of the same difficult aspects of it, frankly, are still in your trailer Bill. If the Governor doesn't support it, the underlying Bill 2531 or this Bill, we may be talking about this again later on it's fair to say unless… in the absence of 71 votes."
"That… that…"
"You're okay with that, right?"
"…that's a possibility, yes."
"All right. I'm hoping that if that possibility is realized… I mean, I… I think it's… I'd be surprised you get any votes here, but we'll see. In the absence of a compromise now, I'm hoping over the summer if and when this is vetoed we can sit down and talk through some other aspects. So, I'd appreciate keeping an open mind and maybe somehow we could traverse this bridge because I think we'll be continuing to talk about it."
"Thanks, Representative. I think my actions have shown that I keep an open mind and I try to work with everyone that comes to me. But, when someone says…"
"I have no doubt."
"…there's nothing we can do for you, that's it."
"I think at this… look, I can't speak to the chamber."
"We're at impasse." 09900141.docx 70 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"I… let me speak to the Bill, Mr. Speaker. The Gentleman is just that a Gentleman and I have great respect for him. And I suspect he and I will be talking or others will be talking if and when this Bill gets to the Governor's Office and is vetoed, which I believe the Governor's been clear on that. This Governor has attempted to do something frankly that predecessors have not, which is really focus on economic development and trying to turn the page this state has unfortunately taken with respect to job loss. We are a job loss leader. We're an outmigration leader. We've got to change that mojo or we're really never going to get out of this malaise that we find ourselves in. So, I do commend the Gentleman, but I tell the folks that really think economic development is important that this is not a helpful step. And I would suggest and urge, frankly, a 'no' vote. Thank you, Mr. Speaker."
"Representative Ives."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"So, your Bill as currently written and I know you've talked to the Illinois Chamber, but your Bill is currently written if a particular Chamber of Commerce accepted tax money, some sort of grant money that's taxpayer funded, for job training for example, would they have to then have representation by the AFL-CIO and minority groups specifically?"
"Representative, we talked about this in committee last night. Job training, it’s specifically is one of the exceptions in this Bill. Job training, apprenticeships." 09900141.docx 71 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"It's an exception just for what IMA and IRMA or is it an exception for every single entity if it's strictly job training? ‘Cause it says operating in a specific industry or profession. In our analysis."
"Anything above $1500, the threshold amount. Specifically for Chambers, in response to your question, they would be triggered."
"They… they would be… they would be caught in this Bill to have AFL-CIO representation on their board. Is that correct?"
"That is correct. You know…"
"Okay. So, I know we…"
"…but also I do want to emphasize, Representative, they don't have to accept public money. If they do above $1500, this Bill would be triggered."
"Well, I guess there's a lot of people then that don't have to accept public money?"
"Correct."
"So, basically you're saying anybody. Oh, I don't know, let's just say Metropolitan Family Services or any other not- for-profit entity that accepts public money really don't deserve to accept any public money cause that's the argument you're making right now. Is your argument that no other… no entity other than government itself should accept public money? Is that your argument?"
"I… I think we've defined the groups in this Bill, the definition’s very narrow. We have worked with those who have offered language to make sure it was as narrow as possible. And your example given is very broad. I think the language in… in this Bill is… is plain; it's clear. It's unambiguous 09900141.docx 72 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 and it's narrow. I think it's a good Bill. And I ask for your support."
"So, why would… why do you think that… why do you think the AFL-CIO want to force themselves into particular boards? What is their underlying reason for wanting to mandate that certain… certain boards that have been collectively decided on that they… that people wanted to join together for a specific purpose? Why would they want to force themselves into that relationship? Why… what is their impetus here in calling for this?"
"Well, we've talked about this extensively. And the AFL- CIO has seen across the state in areas where large amounts of public moneys are being spent, upwards of $100 thousand in some instances and you don't have anyone from labor represented, there's no minority groups represented. And I think and a lot of people here agree that those voices would be some good additional voices added to the table."
"Okay. Well, I think the underlying assumption here really and the thing that we have a real big problem is, is that you're assuming that any entity that accepts taxpayer money is not operating in the best interest of taxpayers simply if they don't have labor represented on their board. And that is such a faulty assumption. It goes to the heart of who we are as collective individuals to decide to organize together for a specific purpose. You are essentially forcing these boards to accept an entity that they had no previous relationship with… that once these board members and you… it was testified to this in committee yesterday and I think it's important for all the Members to understand. That being part of a Chamber 09900141.docx 73 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 of Commerce or being part of one of these boards is really more than simply paying a fee and sitting there at a board meeting once a month, right? It's about running community events. It's about doing outreach. It's about serving on specific subcommittees of that particular organization. Who's to say that the AFL-CIO is going to have that type of commitment when they are forced into this relationship and that the other entities are then forced to accept that relationship? How well… how good is that working relationship going to be on a board that you force participation in?"
"Representative, I think we're going to have to agree to disagree on this one. Philosophically, we're just not… there's not a meeting of the minds here. I mean, under your long statement there, you're assuming that a labor member would not want to be involved on these boards and give 100 percent. So, I… I think your example is flawed and we're just not going to agree on this issue."
"You're right, we're not going to agree on this, but I would say anytime that you force a relationship it's never going to be a good relationship. Additionally, and this is… Mr. Speaker, to the Bill. Additionally, last… yesterday when this was… Amendment came up in committee and it was testified to, there's actually no way to take one of these members off of the board. There's no way that they can be disbanded, maybe because they didn't show up for meetings, they didn't do their duties as other board members do. They, you know, just didn't do what they… what other people are expected to do on these collective boards. There is no way for anybody to force them off the board once they're on. And you must remember, these 09900141.docx 74 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 are… these are groups that collectively come together for a single purpose. And what the State of Illinois is saying is you must have representation by these people… these people. You are forcing a relationship that I patently think is probably unconstitutional. 'Cause you have freedom of association and you're forcing association here. So, anyway, I think this is a terrible Bill for any of your local Chambers of Commerce. I think it's an overreach by State Government to do this. And I think the heart of it, which says that other… other not-for-profits don't know how to spend taxpayer money effectively and responsibly is absolutely at the heart of this Bill. And that is such a false assumption that everybody should vote 'no'. Thank you."
"Mr. Breen."
"Thank you, Mr. Speaker. To the Bill. You know, a classic labor theory as I understand it, there's labor and there's management. And Chambers of Commerce sit on the management side. And so, it really is inconsistent to force management to include labor as part of their boards of directors. Now if they decide to join, then that's fine; they… they're made to pay and be active participants. But what this Bill would do, in essence, is force these management councils essentially to take on labor for free. Now, it was alluded to by the prior speaker, but we also have certain fundamental rights in this country that we see as necessary… that are vitally necessary for the governance of a free people. And they are in particular enumerated in our First Amendment. One of those is the freedom of association. That we are able to join together with those we see fit to advocate for the cause as we see 09900141.docx 75 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 fit. That is what we do as Americans. Back to Alexis de Tocqueville recognizing Americans are joiners. We form groups, we do things together. And we don't force people to include folks in their groups that are fundamentally inconsistent in terms of their aims. We just don't do that. And so, this Bill strikes right at the heart of what these Chambers of Commerce want to do. And it turns private organizations because they might accept as their local town, their local town might join as a member to try to show some support for a business community in a state that's rated one of the worst business environments in the country. We're going to try to turn them into a government entity. And that's wrong. You know, the good thing about this Amendment is it unmasked the real intent here, which is a direct attack on the Illinois business community. It's yet another Bill that we want to run here as we avoid trying to deal with the actual needs of the balanced budget, to continue to attack, attack, attack Illinois businesses. I've called for a moratorium at least ‘til the end of the Session, which would be today, I guess, on anti-business Bills or Bills that would drive more people out of Illinois. But yet, again, here we are. We're using valuable legislative time to try to yet again figure out a way to stick it to Illinois businesses. This is a poorly conceived Bill. It's a Bill that is probably unconstitutional and certainly ill-advised. Please vote 'no'."
"Mr. Wheeler." Wheeler, K.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"Of course." 09900141.docx 76 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 Wheeler, K.: "Thank you. Representative, I want to… before I get into the remarks I want to say thank you. In our conversation in committee yesterday I brought up a point that I thought was salient, you agreed and you brought an Amendment to the floor. I appreciate that kind of response and willingness to address issues that come up. And I'm grateful for that. With respect to the whole Bill as a concept, I would just ask you a few questions so we have them on the record."
"Sure." Wheeler, K.: "Let's get started with that. The intention of the Bill, as it was discussed I think the first time we talked about it, was that our friends in labor were looking at this as a… as an issue to address the… the newly founded Illinois Business and Economic Development Corporation that we had… there was some concerns about how’d it was going to operate and how those were going to function and its transparency. The initial discussion wasn't about local Chambers. Is that correct?"
"Well, the… the initial discussion was about economic development corporations." Wheeler, K.: "Okay."
"And the newly created corporation by the Governor is just one of them." Wheeler, K.: "Okay. But since that particular entity doesn't even take public funds at this point it's really not affected, currently, by what we're presenting now?"
"That's correct." Wheeler, K.: "Okay. And it was presented in committee that, by testimony of Mr. Keller, that labor had been in some affects 09900141.docx 77 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 priced out of some of the memberships for these EDCs. Is that also accurate?"
"That would reflect his testimony accurately, yes." Wheeler, K.: "Thank you. One of my concerns about this, that we didn't get a chance to talk about yet, has to do with membership in an EDC, Chris, versus being on the board of an EDC. And there's two different things here. ‘Cause we look at the… loop the Chambers in so they can be included in this language itself. It's one thing to say I'm going to pay a membership fee to be a part of an organization and it's a second thing to be a board member for that organization. I mean, our… the Chamber that I used to be the board chairman for, we had 900 members and we had like 24 on our board. So, not everybody just by virtue of having a membership fee paid automatically got to be in the leadership part of it; that was… they were elected by the rest of the body. This particular legislation would automatically not just waive the fee for two members of labor, it’d also insert them into the board directly. Is that correct?"
"That's correct. If they receive public moneys, this would be triggered.” Wheeler, K.: "Correct. So, one aspect of that that… that it just is a lopsided situation still. So, I know philosophically we do have some differences on this. I want to get this in the record so other people understand what your intention is and then what my objection would be. Chris, one of the things I brought up is that some of these committees… or these communities have outsourced economic development to these… these third parties, EDCs, right? If they were in-house this 09900141.docx 78 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 Bill wouldn't affect them, correct? So, if it was all still public money being paid for maybe an in-house economic development director, labor wouldn't have any seat at that table, correct? As far as what the activities of that organization's economic development efforts will be?"
"Well, if it was being done in-house and a governmental entity was spending taxpayer money, there’d be some transparency through the Sunshine laws. What we're finding with these economic development corporations is there's not a lot of transparency. And by adding these voices to their boards one of the goals is to add transparency." Wheeler, K.: "All right. And I… you know, in a discussion with Mr. Keller after our committee meeting yesterday, Chris, I actually brought that to him and said I'd like to work on the… on the transparency approach ‘cause I think that actually gets to where we're trying to go with what is going to be accomplished here. That's a better approach in my mind than this top-down mandate from State Government. So, this would then… thank you for your answers. To the Bill. This really is a top-down mandate from State Government. It's a one-size- fits-all approach to a very diverse state, from north to south, from urban areas to the most rural of spaces in our state. When I was the board chairman for the Aurora Chamber of Commerce, I enjoyed having labor involved in our process because it provided another point of view. And I… I think that's got some value, but they paid for their membership and they were elected to be part of our leadership and… because they found value in it. So, I don't see a need to waive all opportunities for labor to contribute. Labor has generously 09900141.docx 79 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 contributed to… to all kinds of things throughout this state, including people here on the floor. They are willing to be involved and I think they have a role to play. But this top- down mandate really works well and I don't think it'll work here. I urge a 'no' vote. Thank you."
"Mr. Davidsmeyer."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, currently in statute how many members of an economic development board does it state in statute a board has to have?"
"For a board of directors, Representative?"
"Yes."
"I believe… I believe the minimum number is 3."
"The minimum number is 3?"
"Correct."
"So, if you have a board of directors of an economic development corporation with 3 people on it, you're going to more than double it by requiring them to have these people on there, a nonpaying member of this board?"
"Correct."
"Nonpaying members are going to now control the board of directors of some of these economic development corporations?"
"Well, again, we… we've talked about this before. The bylaws can be amended. You can have as many board members as you choose; that's just the minimum number."
"So, when… when we talk about public money, for instance, I'll use my hometown. Jacksonville Economic 09900141.docx 80 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 Development Corporation… Jacksonville Regional Economic Development Corporation has multiple towns, Jacksonville, south Jacksonville, a number of the surrounding towns pay to be part of it. As part of that, they receive a seat on the board. Doesn't that have representation for that public money, the person who was elected to serve the city?"
"It was… it was loud while you were asking the question. Can you restate the question?"
"My… my question is, when public entities give money to these things generally… for instance, a mayor will have a seat on the board. So, isn't public money represented by that publically elected individual?"
"There… there's nothing wrong with additional voices at the table, Representative."
"When you have a private economic development company and you're trying to direct them to put people that have not paid, that have not been willing to pony up to be part of the economic development opportunities, why would you… why would you put these people in charge of the group that aren't willing to… to pony up? These are private groups… private people that come together to make things better for the entire community. To make things better for the area. To make the economy work better for the entire region. And now you're going to put people on there that aren't necessarily willing to… to be part of that."
"These are private groups that…"
"Private." 09900141.docx 81 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"…are receiving public money in excess of $1500. Let's remember that. We're talking about public moneys being spent and these groups don't have to receive them."
"But they're represented by their mayor or whoever the individual is. So, by ponying up that money, that money gets them a seat at the table. So, if… if labor or whoever else wants a seat at the table, they can pony up and they do at ours. They are part of our regional economic development. They are a part of our Chamber of Commerce. Because they want to be… they want to have a seat at the table and it's important for them to have a seat at the table. So, they come and they join the same way every other member. So, if a small business can't afford to… to join the Chamber, should we require them to be… have a free seat at the table?"
"I… I think we have a philosophical difference here. I… I see great value…"
"You're saying public money…"
"…in adding these particular voices…"
"…isn't represented. But, you're saying public money isn't represented, but they are represented at the table by the people that we elect as citizens, right?"
"I understand what you're saying. But I'm also saying these additional…"
"You dis… disagree with that?"
"…voices from labor and two separate minority groups are good voices. And they should be a part of this if they receive more than $1500 from a public entity."
"I… I just… I think that money is representing the people who put it in. And the… the people that… that are 09900141.docx 82 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 paying for that are represented by their elected official. That's… that's exactly what's happening. I… I don't… I think you're tying the hands of local economic development boards and you're going to… you're going to create less people working together to the benefit of… of the local community. You're… you're going to… you're going to push local small communities out of these organizations when they need to be part of the overall plan. So, I think this is going to kind of go against what you're actually trying to do. I understand what you're trying to do, but I don't think it serves the purpose. I think everybody has to have a stake while they're sitting at the table. And I urge a 'no' vote."
"Mr. Batinick."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, you… you mentioned you were concerned about trans… transparency, I am, too, of public money. And there's an easy way to do that. I'm on a Bill with a Representative from your side that bring FOIA law to not-for- profit organizations; they get a majority of their money from state… from… from government sources. I… I'm with you on that. But, I think this is… I think the unintended consequences here are way beyond what the Bill I just suggested would do. Let me ask you a few questions here real quick. Are in-kind contributions part of that $1500?"
"In-kind contributions from a public entity?"
"Correct. From a public entity to a nonprofit, is an in-kind contribution in the way the Bill is drafted, is that included in your… in your Bill? Does that trigger the board?" 09900141.docx 83 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"The… the Bill talks about public moneys and we defined what public moneys are in the Bill."
"I'm sorry. I didn't… you trailed off there. You define public moneys as what?"
"I said, we're talking about public money. And we also define public money in this trailer Bill."
"Okay. Do you know how many boards this affects?"
"I do not."
"I mean, is it 1 thousand? Is it 5 thousand? Is it 10 thousand? Is it 50 thousand?"
"I… I don't have a number."
"What happens if there isn't the people from labor to go on these boards?"
"There's no penalty 'cause there's… there's no penalty written into the Bill. The goal is to… the goal is compliance, but there's no penalty."
"Okay. So, if they don't comply, there's no purpose to the Bill?"
"Well, the purpose of the Bill is… is for them to have compliance when… when these requirements are triggered. There may be instances out there, I'd find it hard to believe that there are, where they can't find members of labor councils or members of two separate minority groups. That may be… it may be the case. I find that hard to believe, but there's no penalties in this particular legislation."
"Okay. Let me… let me give you some of the examples of who you're going to be affecting, the people that are the heart and fabric and the soul of my community. Weland Athletic Association, volunteers. Everybody is a volunteer, it's about 09900141.docx 84 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 baseball, it's about basketball, it's about different sports. Every now and then somebody might kick in something for uniforms or something 'cause they kind of act as a park district for that area. Are you telling me because of that, that organization is going to be required to have two people from labor on their board?"
"I don't believe the organization you just described meets the definition of an EDC."
"Okay. Plainfield Chamber of Commerce, would that meet the definition of an EDC?"
"If… if they receive more than $1500 in public moneys, yes."
"It's car shows, it's organizing a 5k, it's… it's doing events in the community like that. How does that trigger the need to have two people from labor on their board? I mean, how do you even comply? I… I'm looking at the board members of that particular association, these are people who basically work for free for the community."
"Representative, we said in committee… I lost count of the number of times last night… we… we said it before, it is not the intent to… to have a seat on these Chambers, but the Chambers have offered us nothing. We've been negotiating with ourselves when it comes to Chambers. Even if I… I added language to the Bill that did what you're suggesting they're going to still stand here and oppose the Bill. And you all are going to be asking me these questions in some other form. And we have tried to work the Bill and make it a better Bill…"
"I… I said I… specifically…"
"…and this… this version here is… is our effort to work with you. Now, there's folks out there that don't want this 09900141.docx 85 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 Bill to pass at all. And that's what this is all about right now, we know that. So, we have a philosophical difference. I think this is good policy and I'm asking you to support it. You probably won't because that's your marching order, but I understand that."
"Trust me, this isn't my marching order. This is such a ridiculous overreach of government and putting labor in situations where they may not even want to be there. This is going to affect a countless number of boards. You can't even tell me how many boards this affects. We passed Bills in this chamber…"
"I don't have that number; there’s boards all over the state."
"Maybe before we pass Bills like that, we should have a better idea of what the implication of these Bills are. To the Bill. This is an incredible overreach of government. I have no idea what we're trying to do. I'm… I'm for transparency of public funds. I strongly support bringing FOIA law to organizations where a majority of the money comes from public funds, but I… I don't know what we're trying to do here. Vote 'no'. Thank you."
"Representative Wallace."
"Thank you. Will the Sponsor yield?"
"Sponsor yields."
"Can you help me understand more about these boards? How individuals become members? So, the thought is they pay larger fees to become members of these boards?"
"Representative, some boards do require fees, some don't require fees at all. And what we're saying is boards that are 09900141.docx 86 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 duly constituted under the Not For Profit Act, if they receive more than 1500 in public moneys, then they should have at least 2 members from a labor council and 2 members from separate minority groups."
"Okay. Thank… thank you. I guess I was asking because I heard the conversation about being able to pony up the money or pull together resources to… to pay for those membership fees. But, I… I think that this is very important the fact that you are recommending that minorities be included, especially given the fact that the net worth of African- Americans is about $11 thousand and the network… worth of Hispanics is about $13,700. You know, women also have a lower net worth. And the net worth of African-American women is actually -$100. So, I understand the idea of individuals coming together for a common cause and… and then using their resources and their dollars to be able to help spur economic development, but how do you do that when you don't have the economic capital? And for that, I thank you… I thank you for bringing forth this Bill. I hope that some of the issues that have been brought up in this debate are things that we continue to work on as a Body. I… I don't agree 100 percent with everything laid out here, but I do think that this is a very important start in terms of making sure everybody has a seat at the table and everybody has some say in the development of their local regional and state economy. So, thank you for this Bill."
"Mr. Welch to close."
"Thank you, Mr. Speaker. This Bill has been debated extensively now twice. This is the trailer Bill to Senate 25… 09900141.docx 87 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 Senate Bill 2531 only becomes law if they are both signed. It is negotiated with IRMA, IMA, Cook-Witter and all the language that was offered to us, we worked with every group that brought it to us. Unfortunately, the Chamber was unwilling to work with us. This is important to the Illinois AFL-CIO. And I ask everyone to join me in support of it."
"Those in support of the Gentleman's Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 68 voting 'yes', 47 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Page 6 of the Calendar, Senate Bill 3112, Mr. Walsh. Please read the Bill."
"Senate Bill 3112…"
"Apparently, there's an Amendment. Mr. Clerk, please place this Bill on the Order of Second Reading and read the Bill."
"Senate Bill 3112, a Bill for an Act concerning government. The Bill was read for a second time previously. Amendment #1 was adopted in committee. Floor Amendment #2 is offered by Representative Walsh."
"Mr. Walsh."
"Mr. Speaker, Ladies and Gentlemen of the House, I move to adopt Floor Amendment #2. Basically what this does is it clarifies the exemptions for inmate requests for law enforcement records, would include arrest and booking records, mug shots and crime scene photos. And then removes the mention of Rule 415. It simply provides an exemption for 09900141.docx 88 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 any information or materials received, generated or maintained by the state's attorney, or other prosecutors, county sheriff or other law enforcement agency that is related to a criminal case pending at the trial level. And I'd ask for its adoption."
"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Please read the Bill."
"Senate Bill 3112, a Bill for an Act concerning government. Third Reading of this Senate Bill."
"Mr. Walsh."
"Okay. Senate Bill 3112, as amended, is… it amends the Freedom of Information Act to do the following: clarifies the FOIA exemptions applicable to persons committed to the Department of Corrections, will also apply to persons held in a county jail and provides additional exemptions for inmate FOIA requests. And those exemptions are as follows: records that may result in the risk or ha… risk of harm to any person or risk of escape from jail or correctional facility, records containing personal or identifying information of a victim or victim's family unless such information is relevant to the requester’s current or potential case or claim and records that may include law enforcement records or other persons in custody or committed to a DOC or a county jail unless such records are relevant in the requester's current or potential case or claim. I am happy to answer any questions."
"Mr. Thapedi." 09900141.docx 89 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, in committee you indicated that the purpose of this Bill was to curb frivolous requests, to use your language. Do you recall that?"
"Yes, I do. And it was a bad choice of words because this isn't what it does. It basically gives county sheriffs the same exemptions… county jails the same exemptions that are in DOC that are currently in place through the Department of Corrections."
"Okay."
"So, in committee I misspoke on… on… when I said that."
"Oh, okay. So, who makes the determination as to the validity of the request that's being made by the person who’s in… who’s incarcerated?"
"The FOIA officer of that specific institution. But if…"
"Are those correctional officers, are they lawyers or…"
"The majority I believe… it's… it wouldn't change. It who was ever the FOIA officer now for that county facility would still be that FOIA officer."
"So very briefly, without going into too much detail, give me a hypothetical of… of what your Bill would seek to do as far as curbing the requests that are made by someone who’s in custody? And I'm looking at it up on the board; FOIA- persons in custody and information."
"So, it… it would exempt information. An example would be exempting information on another inmate. What… what they may be incarcerated for, their mugshot, pictures, any personal 09900141.docx 90 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 identification things that… that they may request, that would be something that would be exempt."
"Okay. So that… Okay. So, did something occur that… that prompted the county jailers to… to bring this piece of legislation? If I understand correctly that this is existing law and it already applies for the Department of Corrections and you're simply trying to expand this type of analysis to not just the Department of Corrections or the state penal institutions, but county jails as well, including Cook County. Am I accurate?"
"That is correct."
"Okay. So, what prompted you to bring this legislation?"
"This was brought forth by the Sheriff's Association. And… and it's their belief that they should be able to follow the same FOIA guidelines as DOC."
"Okay. Thank you."
"Representative Ammons."
"Thank you. Would the Sponsor yield?"
"Sponsor yields."
"I… I just want to follow up on my colleague’s questions. Under the current FOIA laws, any FOIA material it is subject to redaction. Isn't that correct?"
"Yes."
"So, if redaction is already in the law why would we pass the limitation under this FOIA law? They can already redact information that would be dangerous or maybe pose risk of harm as it's described in here then… if redaction is already an option, why would we further reduce access through FOIA?" 09900141.docx 91 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Basically, it’s just taken… it… it's following the same guidelines as DOC that… that is in place right now. And it's… the purpose is to try to reduce the amount of FOIA requests that the county sheriffs are receiving. And… and it doesn't take away the availability to request information that is pertinent to that individual's certain case or… or claim."
"So… To the Bill. I'd like to share with the General Assembly an actual true incident that happened in the Champaign County jail. There was an inmate who had some mental health issues that ultimately was assaulted by guards with spit hood and tasered while restrained in a chair. And when this news got out, we attempted to FOIA the records and the person who was actually injured attempted to FOIA the records of which almost everything was redacted. And the only reason why this became an actual criminal charge from our state's attorney is because a couple of great officers actually turned in the officer who did this act against the inmate, ultimately leading to a settlement. I would ask the General Assembly to consider this analysis. Along with the Department of Correction, also the county jails, inmates have the right to attempt to defend themselves through the Freedom of Information Act. And just assume that some of these resources or records were limited at the time where many were trying to find themselves innocent of a crime that they did not commit. And the information was redacted thereof. I think we should consider strongly any limitation to records that are not covered under the current law. We should not reduce the access to FOIA because that in so many ways is the only way that a person can truly find out what is in the record in 09900141.docx 92 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 relationship to their charge. That is the only, only way. And because you're an inmate in the Department of… in the county jail as opposed to the Department of Corrections, the Department of Corrections… if you're an inmate in the Department of Corrections, you have been found guilty of whatever the crime and therefore, you're doing your sentence. When you are in a county jail, you are being held until sentence is rendered. And in many cases you need access to information either yourself or your lawyer to help your case, however that might be. And so, to limit access to FOIA under a county jail system is completely different than limiting some information under a Department of Corrections system. And even in that system, I have some reservations. I would hope that our Members would really listen carefully about the difference between a county jail and FOIA and DOC as well as even if there are frivolous… what we consider frivolous FOIAs and I'm sure there are, the FOIA officer, which is why you pay a FOIA officer to review the legitimacy of the claim or the request, that role is still in place and still critical. So with that, I'm going to ask for a 'no' vote on this 3112 because it is very dangerous to reduce access to FOIA for those who are being held, not necessarily adjudicated. That is the difference. I appreciate the Members attention. Thank you."
"Mr. Meier."
"Yes. What was the genesis of this Bill?"
"This was brought to me from the Illinois Sheriffs Association. And from my understanding it… it's just to get the county jails to be in the same realm as DOC. And to the… 09900141.docx 93 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 to the previous speaker, what we're doing here is not taking away the person's ability to file FOIA request that pertain to their individual case or potential case. It doesn't take that away. What it… what it limits is their availability to FOIA information about, say, other inmates or… or guards or facility operators and… and that type of stuff that some of these county sheriffs have been inundated with with FOIA requests."
"Well, you know, when I look at it, it sure does looks like my House Bill 5515 and it's a wonderful Bill. And it's brought to us by a bunch of our sheriffs that brought it to my attention when I introduced that Bill. It's just mine wasn't allowed to move. To the previous speaker, we have prisoners from our state institutions FOIAing our sheriff's departments on a regular basis asking for pictures of every tattoo on our prisoners in our county jail. And as it was stated, these prisoners aren't even convicted yet. Are we not going against their own personal rights when we're being FOIAed for these pictures to be sent out to every prisoner in our state institutions that ask for it? It has nothing to do with their defense; it has to do with trying to figure out which gangs may be these people are in jail belong to. There is no good that is being done from this. It's tying up our state taxpayers' dollars. It's wasting time, it's wasting our sheriff's department times and it's wasting money. And it is only out there to waste their time and to figure out what gang members are locked in what jail so they can make new friends. It's a wonderful Bill. I encourage everybody to vote for it." 09900141.docx 94 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Mr. Kay."
"Thank you, Mr. Speaker. Would the Sponsor yield?"
"Sponsor will yield."
"Representative, I'm a pretty big fan of FOIA. And you vetted… you were asked a lot of questions in committee about FOIA and its impact, whether we were taking away or adding to. And I thought your answers were pretty straightforward in that we weren't really taking away anything. What we were trying to do was eliminate a pervasive problem, which essentially, as I understood it had to do with inmates FOIAing information so that they could save their attorneys time. Was that part of the testimony?"
"There was… there was some talk on that, yes."
"Yeah. Which really overburdened, if you will, the FOIA officer and anybody else who had to pull these documents for the inmate. You're not complaining about an inmate getting FOIA information for himself, are you?"
"No, not at all."
"And there is a remedy, isn't there, Representative, for somebody that's unhappy with information that he does not get or she does not get?"
"Yes, there is. The same appeal process is in place."
"There certainly is. And that's… that's a public access counselor. Is that not correct?"
"Yes, it is."
"Yes, it is. Mr. Speaker, there's no question in my mind the Representative has a good Bill here. We have swamped… we have swamped county government, particularly the sheriffs, with FOIAs that are unnecessary, uncalled for and we've done it 09900141.docx 95 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 for a lot of different reasons. It needs to stop now. And I… I'm going to support your Bill, Representative. I'm going to ask that you put me on it because this is something that makes perfect common sense. Vote 'yes'."
"Representative Flowers."
"Thank you, Mr. Speaker. Will the Gentleman yield?"
"Sponsor yields."
"Representative, does the FOIA officer get paid?"
"They're… they're…"
"Pardon me?"
"…they're an employee of whatever institution they're… they're involved in."
"So, they do get paid for the job that they do?"
"Yes, they do."
"And so, as a taxpayer, do I pay those FOIA officers?"
"I would… yes… say yes."
"Are there guidelines to what may be FOIAed or what may not be?"
"Yeah."
"So, obviously, if someone that's trying to get some information and if it's outside the purview of what is allowed, that FOIA officer has the criteria there, so he or she could send the request back in the manner in which it should be answered. Am I correct?"
"Yes."
"Okay. And so… and also Representative Ammons asked the question about the difference between the sheriff… or made the statement, I'm sorry, between the Cook County… the sheriff office or the county office versus DOC. And she said… 09900141.docx 96 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 Representative Ammons said that if you're in the county jail, you have not necessarily been found guilty of a crime, but if you are in DOC you have been found guilty. So, to make the distinction in regards to the FOIA from the person with the cou… in the county jail, he or she could be getting some information that will help set them free. Are we not infringing upon the taxpayers’ right?"
"First, there… there is instances when you're in county jail that you're serving…"
"Excuse me, Mr. Speaker, where is the Speaker? I… I can't… I see you. I cannot hear."
"So, first off, you could be in county jail under a guilty plea. You could have less than a year and the sentence could be shorter to where you’re not required to go to DOC. But secondly, if the… if the FOIA request is pertaining to an individual that… that's his or her own case relevant to their proceedings, there is… that exemption doesn't exist and they have the right to get that information. The only thing this Bill is doing is taking away… it's exempting getting information… personal information about other people within the system. Whether it's…"
"But my question… but I asked that question… I asked you the question earlier. Does the FOIA officer have the right to say this is beyond the scope?"
"Yes, he does."
"Okay. So, why can't he just do that?"
"Because under the current… current law, the current statute, county jails don't have the same guidelines as DOC."
"But is there a reason for that?" 09900141.docx 97 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"I don't…"
"I would imagine that the reason would be because that person… most of the people in the county jail have not been found guilty of a crime."
"So, they probably."
"Yet."
"…the FOIA officer could probably make that determination under the DOC regulations, but then they can appeal, go through the process which is going to be more time consuming. The intention here is to streamline that process."
"But, Sir, is that not the person's right? Is that not our rights? We're the taxpayers. And… and that's our right. And if it happened to be an inconvenience for the person that work for the county employee or the state employee, sobeit. Find yourself another job if you don't want to do your job. But in the meantime, I think it's in the best interests of that person that want that information to be given the information, if it's in the purview of the law. To the Bill. Mr. Speaker and Ladies and Gentlemen of the House, this is a very bad precedent in regards to information that might be necessary to clear a person of his… to clear a person's name. So, I would appreciate a 'no' vote. Thank you."
"Representative Ives."
"Thank you, Mr. Speaker. Will the Sponsor yield for one question?"
"Sponsor yields."
"I guess I don't really quite understand all the nuances of this Bill, so I… my question is simply, would your Bill prevent a situation like we had with an independent journalist 09900141.docx 98 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 who requested the tape pertaining to the Laquan McDonald case from receiving that type of information, yes or no?"
"No."
"Okay."
"This is just people within DOC or the county jail system."
"So, other folks could independently get that type of record still?"
"Yes. Yes."
"Okay. Thank you."
"Mr. Drury."
"Thank you, Mr. Speaker. To the Bill. I just want to clarify a little bit about what this Bill does, what it doesn't do, what inmates and people in custody are entitled to and what they're not entitled to because there's… there's been a mixing of… of concepts. So, if someone is in the county jail, most likely they have not been convicted yet, but they still have rights under the Criminal Code to discovery separate from FOIA. So, whether you’re a pro se representing yourself or whether you have an attorney, there are documents that the government is required to turn over to you by law. And if they don't turn them over to you, you… you could go free. You could have a civil rights case. But this… this does have nothing to do with criminal discovery. So, the inmate… the person in custody with this law, without this law is still going to be entitled to all of the documents he or she is entitled to pursuant to the Criminal Code. We're not changing the Criminal Code. What this law is doing is dealing with requests made by someone in custody that deals with a safety issue. It's someone who's seeking records of the warden. The 09900141.docx 99 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 warden's address, the address… the names of the warden's children, the sheriff's address, the sheriff's children, the names and addresses of witnesses or victims to the crimes. So, if you look at what the exceptions are, this is a safety Bill. It does not mean… it is not intended and the wording of it does not go towards the rights of the people in custody. We already do this for people in IDOC. And we are not… at least the way I read the law, it is not taking away a person's right to defend him or herself. That is still going to exist pursuant to the Criminal Code and quite frankly, pursuant to Supreme Court law and the Constitution of the United States. So, I just want to make clear that… that this law is a safety law to protect law enforcement, to protect their families, to keep them safe. And make sure that when we vote, and I understand there's disagreement about the Bill, but when you vote at least have an understanding of what it is that the law is intended to do and what the person in custody still will have a right to obtain regardless of whether we pass this law. Thank you."
"Mr. Moylan."
"Thank you. I would like to yield my time to Representative Thapedi."
"Mr. Thapedi."
"Thank you, Mr. Speaker. Should this Bill receive the requisite number of votes, I move for a verification consistent with Rule 56."
"Your request is acknowledged, Sir. Mr. Dunkin."
"Mr. Speaker, I'd like to yield my time to Representative Carol Ammons." 09900141.docx 100 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Representative Ammons."
"Thank you. I just wanted to come back to a couple things that… I know in some way there is some democracy issue stuff going on here. And people don't really like FOIA, especially if you're the FOIA officer. I get that. I do understand that. But in this case, I would love to see the stats, the data, the actual data that shows the necessity of this Bill that we have a lot of people requesting FOIAs, but whether they gave them that information? I would like to see that. I'm sure they sent a lot of FOIAs through asking for all kinds of information. And I've done that myself, requested FOIAs of which most of the information if it's about a particular officer or address or even their badge number was redacted even if they were part… party to the case. So, we know they redact the information already. So, they're not going to send the inmate the address of the sheriff or the judge. They redact that information, if they send it… if they respond. So, that's… that's just something I have never, ever seen. I've never seen it. The other thing I wanted to address is, remember that it took… after a FOIA it took a year, one year to get the information in the Laquan McDonald case. It didn't come out instantly. It was after independent media pressured around the issues of FOIA that that case even came to the public knowledge. So, this is why this is a huge issue. I would love to work with Representative Walsh on this… on this Bill. And would ask him at this point for us to collaborate on this and to pull it from the record and allow me to work with him in relationship to this FOIA. That's my request. I appreciate it. Thank you." 09900141.docx 101 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Mr. Cabello."
"Thank you, Mr. Speaker. To the Bill. Ladies and Gentlemen of the House, we passed Police Reforms Bill on a bipartisan manner. I do understand the concerns that people have. I happen to believe that this Bill is good. I do happen to believe that some of the stories that I am hearing from some of my colleagues need to be investigated further. But I don't think that we need to look at a Bill like this and say no because of past practice. I don't think that we need to look at a Bill that is good government and say no because of what some others have done before. I will work with you on Bills that we need to move forward. I will work with you to make sure that the people that did wrong are brought to justice. But let's not kill the Bill that is actually going to improve services. The… the Police Reforms Bill that we passed now they have to give you their badge number. They have to do a lot of these things that maybe in… concerns that were addressed are no longer concerns. So, I will work with you to make sure that we bring the people that did wrong to justice. But let's not please kill the Bill that will actually be good government service. Thank you, Mr. Speaker."
"Mr. Walsh to close."
"Thank you, Ladies and Gentlemen, for a thorough debate. Let me just reiterate, again, we're not taking away rights of the people to pertain… to request information pertinent to their individual claims or process within the system. All this is doing is following the same guidelines… the same guidelines that are through DOC that… that they practice right 09900141.docx 102 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 now. And it's giving the county sheriffs that same ability. So, I would strongly urge an 'aye' vote. Thank you."
"Those in favor of the Gentleman's… Excuse me. Those in favor of the Gentleman's Bill will vote ‘yes’; opposed ‘no’. The voting is open. Please be reminded that there’s a verification request, Members. Have all voted who wish? Have all voted who wish? Have all voted who wish? Feigenholtz. Please take the record. There are 95 voting ‘yes’, 20 voting ‘no’, 1 voting ‘present’. And Mr. Thapedi withdraws his verification request. And this Bill, having received a Constitutional Majority, is hereby declared passed. Senate Bill 324, Representative Manley. Please read the Bill, Mr. Clerk."
"Senate Bill 324, a Bill for an Act concerning government. This Bill was read a second time a previous day. No Committee Amendments. Floor Amendment #1, offered by Representative Manley, has been approved for consideration."
"Representative Manley."
"Thank you, Mr. Speaker. House Floor Amendment 1 basically addresses the concerns expressed by the Revenue Committee and caps the administration fees of the program that this legislation seeks to create. I'd ask for a 'aye' vote on this. And I'll explain it further on…"
"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Please read the Bill." 09900141.docx 103 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Senate Bill 324, a Bill for an Act concerning government. Third Reading of this Senate Bill."
"Representative Manley."
"Senate Bill 324 creates a loan guarantee program by the Illinois Finance Authority for qualified veteran owned small businesses. The loan program is similar to the Illinois Agriculture Loan Guarantee Program and the Illinois Farmer Agribusiness Loan Guarantee Program offered also by the IFA. Basically what this does is creates an opportunity for veterans to receive small business loans. We've had a great experience getting this Bill created. We've gotten a couple extra things from the IFA. They've agreed to establish an advisory committee that veterans… a few veterans will serve on. And also, they've agreed to issue a report with the data collected over two years to make sure that there's a cost benefit to the program. And I… I'll answer any questions."
"Mr. Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"I just want to make sure. We just adopted… Before I do that, a parliamentary inquiry. Is House… was House Floor Amendment #1 the one we just adopted?"
"Mr. Clerk."
"The House just adopted Floor Amendment #1."
"Thank you."
"Mr. Franks."
"I'm looking at Floor Amendment #1 and it indicates that it will be limiting the fees in FY’17 to $275,000 and in ‘18 and ‘19 to $200,000. Can you tell us how many loans were 09900141.docx 104 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 given… we will be giving, for instance, this year and how much fees were generated as a result?"
"This is a brand new program, Representative Franks. We don't know how many people will ask… how many people will qualify and get a loan. This is a… a brand new endeavor."
"Now, what… will this limit the expenses for the agriculture loan guarantee program as well?"
"Doesn’t affect it. This is completely separate."
"Okay. So, this is a new program just for veterans?"
"Correct."
"Okay. Do we have any idea what we've done with the ag stuff? Are we basing what we might be getting on veterans for ag?"
"Completely separate."
"Okay. That's… I was a little confused when I was reading the Amendment. Thank you very much."
"Thank you.
"Mr. Harris." Harris, D.: "Thank you, Mr. Speaker. Question of the Sponsor."
"Sponsor yields." Harris, D.: "Rep… Representative, we had a… we didn't have much a thorough discussion in committee, but we had… did have a discussion in committee. Your Amendment that you put on the Bill, would you tell me exactly what it does? And refresh my memory."
"The Amendment… there was a… there was a concern expressed by a couple Members of the committee that they were worried about high admin fees. And so, in order to address those concerns, we capped the amount that they could spend on admin 09900141.docx 105 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 fees and we also reduced it for 3 years. But also, we went a little bit further and I've got a verbal commitment from the IFA to give us a data report on exactly the cost benefits of administering the program." Harris, D.: "One of the… Thank you. One of the provisions of the Bill… according to my analysis it says that if the General Assembly fails to make an appropriation sufficient to meet the obligations under a state guarantee, then the Act constitutes an irrevocable and continuing appropriation. Is that the standard language that applies to the other programs under this… under this statute?"
"Representative, this… those… that wording brings it consistent… bring consistency to this program so that it matches the other two programs that I mentioned that the IFA administers." Harris, D.: "Okay. And we've… we've lowered the amount involved on those then? On the… for this program, we've lowered that? Is that what you just said?"
"It brings… yeah, it brings it in consistency, yes, with those other two. That's my understanding, yes." Harris, D.: "Okay. Thank you very much."
"Representative Chapa LaVia."
"Thank you, Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Thank you. Representative Manley, is… do you have an idea, a mechanism on how we're going to make veteran-owned businesses aware of this program throughout the State of Illinois?" 09900141.docx 106 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Representative, the IFA will market this program with lenders."
"Okay. Because we've had a quite a bit of an issue in the State of Illinois making sure, especially through IDOT and when we do veteran-owned businesses, disabled veteran set-asides of making sure that we're capturing the veteran businesses throughout the state that can apply for certain RFPs, but we haven't been extremely successful. So, I'd really like to work with you or keep touch with you on this program as it… it progresses because it's really important that not only we pass legislation for veteran-owned businesses and disabled veterans and minority businesses, but we're tracking to make sure what we put into legislation and statute here, that we're not becoming over… overburden the departments on trying to keep with the statute or the law of the land and not being able to perform those… those things we set in statute. So, I'd love to help you work with that. And I wholeheartedly support this legislation. Thank you."
"Representative Manley to close."
"Just want… just wanted to also say that these funds are locally held. They're not subject to General Assembly appropriation. The IFA is excited about this and they've told me through many conversations they are ready to go and ready to help veterans get on with their lives and start a new endeavor. I ask for your 'aye' vote."
"Those in favor of the Bill will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Please record yourselves. Have all voted who wish? Mr. Clerk, please take the record. On this question, 09900141.docx 107 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 there are 112 voting 'yes', 3 voting 'no'. And this Bill, having received the Constitutional Majority, is hereby declared passed. Chair recognizes Mr. Durkin."
"Point of personal privilege."
"Proceed, Sir."
"Thank you, Mr. Speaker. It's 3:30; it's the last day of Session. Technically, we should… we can do our work over the next eight and a half hours to solve this… solve the problems that we have in this chamber. We may hear a speech a little bit later that the House has done its work. That's nothing… that is the furthest thing from the truth. For the second year in a row, we will have passed grossly and wickedly, wildly unbalanced budgets. Last year it was 4 billion, this year it's 7. Next year, who knows, 10. I would think that we would learn lessons from the past. Now, we have been trying to negotiate in good faith, I think that's pretty clear. Working groups on major reform issues and on budget that complete what we believe is a comprehensive, balanced budget. The hang up that we've been hearing for the past year, particularly about the reforms is that by… by many of the Leaders on the other side of the aisle, is that they don't want to associate the Governor's Turnaround Agenda, which are personally… which are the… they refer to as non-budget issues, should not be part of the budget process. And also that the… these items are hurting the middle class. Let me say this, the middle class is hurt by bad budgeting. Make no bones about it. Yesterday, I filed House Bill 6583. It's a Bill which fully… will fully fund K-12 education for this next fiscal year. It also has a hold harmless, hold harmless for districts 09900141.docx 108 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 such as Chicago Public Schools. It's a clean Bill. I'm asking that today, in the next eight and a half hours, I'm asking that this chamber pass that Bill. I take it back, not pass the Bill. How about giving it a fair shake? Giving it an honest vote. Put it in a committee, bring it to a committee, let's have it out. Let's have an honest, clean debate and a vote on House Bill 6583. Let's do it. Let's give parents and the students certainty. And here's what's most important about 6583, there's nothing in it about the Turnaround Agenda, zero. And also, 6583 is something that is fully paid. It's not based on an IOU or script like we've done over the last two years. And also today, since it's 3:30, I have filed House Bill 6585. That's an FY’16-‘17 stopgap. And here's what you need to know about it. That, too, is fully funded. It'll take us through the end of January. It's not based, again, on IOUs or script. But let's be honest that Senate Bill 2048, if it is ever passed and I don't know what the Senate will do tonight, moneys that are supposedly in that Bill will never make it to the schools or social service agencies anytime during the course of this year. So, I just want to make it clear that House Bill 6583, 6585 are clean Bills that get us through this year. No Turnaround Agenda, no non-budgetary items are a part of it and they're fully funded. So, we have eight… eight and a half hours left. And my message to the rank and file, it's time to rise up again. We have time to get something done. Let's get something done that's positive. Don't accept that it's too late. Demand that from your Leadership. Now, I've been around here awhile and I've seen legislation move at lightning speed in the waning moments of 09900141.docx 109 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 a legisl… at the end of a Legislative Session. That is when there is a willingness on behalf of the Leadership in both chambers to do so. We could actually work ‘til 12:03 because there's precedent from the Chicago White Sox Bill years ago that, my gosh, it was 12:03 on the board, but it was 11:59 in the record. So, folks, there's a precedent for us working through the day and through the night to accomplish things that are extremely important. These Bills are both in a position to be moved, sent to a committee and sent to the other chamber for Concurrence. My message is, let's leave with accomplishment not with unfulfilled promises. Thank you."
"Mr. Sullivan is recognized. For what reason do you rise, Sir? Gentleman doesn't wish to speak. Senate Bill 2261, Mr. Zalewski. Please read the Bill."
"Senate Bill 2261, a Bill for an Act concerning transportation. This Bill was read a second time a previous day. Committee Amendment #3 was adopted in committee. No Floor Amendments. No Motions are filed."
"Third Reading. Please read the Bill."
"Senate Bill 2261, a Bill for an Act concerning transportation. Third Reading of this Senate Bill."
"Mr. Zalewski."
"Thank you, Mr. Speaker. As… as the Clerk mentioned, House Amendment 3 becomes the Bill. It effectively creates a Towing Commission to deal with the issues facing towing in Illinois. And it amends the Vehicle Code by specifying when a Home Rule unit can seize a vehicle. It… it deals with 09900141.docx 110 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 various interests of the types of offenses that involve the tow. I would ask for an 'aye' vote."
"Mr. Sandack."
"Thank you. Will the Gentleman yield?"
"Gentleman yields."
"Representative, for some legislative intent, I have a series of questions for you."
"Yes, Sir."
"I note the Amendment requires a county or a municipality to pay storage fees and costs as well as reasonable attorney's fees, if an administrative hearing officer finds that the county or municipality exceeded their authority by impounding a vehicle?"
"Yes. That's correct."
"In this same Section there's a reference to those fees being owed by a county, municipality, if they exceed their authority under the Code. Is it correct that the storage and the attorney's fees are intended to apply only in those instances where a violation occurred for impoundments associated with violations under Section 11-208.7 of the Vehicle Code?"
"Yes. A county or municipality would only be required pay storage costs and attorney's fees if they exceed their authority to impound a vehicle for the violations listed under that particular Section."
"And if a county or municipality goes before an administrative hearing and loses the decision, would they automatically owe storage fees and attorney's fees?" 09900141.docx 111 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"No. The costs and fees would be automatic because a municipality and county lost the hearing. The costs would only apply if the administrative hearing decision clearly found that the county or municipality exceeded their authority when they impounded the vehicle."
"So, for instance, the administrative hearing decision went against the county or municipality because of a procedural issue was mishandled or for some other reason not directly relevant to the question of whether they possess the authority to impound the vehicle, then the storage costs and attorney's fees wouldn't apply?"
"That never happens, does it, Ron?"
"No."
"That's correct."
"Thank you."
"Those in favor of the Gentleman's Bill will vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Please record yourselves. Ammons. Please take the record. There are 116 voting ‘yes’, 0 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. The Chair recognizes the Clerk."
Clerk Hollman: "The following committees will be meeting: Executive is meeting in Room 118; Judicial Criminal is meeting in 115; Revenue & Finance is meeting in 122; Counties & Townships in C-1; Human Services in D-1 and Labor in Room 114." 09900141.docx 112 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
Speaker Lang: "Mr. Sullivan, we're about to adjourn for committees. Can you… Oh, excuse me, recess for committees. Does your comment have to do with committees?"
"Two seconds."
"Go ahead, Sir."
"So, the House Republican Leader previously explained that there's two Bills out there for consideration, potentially to help us through an impasse to get us to a further resolution. In the spirit of openness, I have before me an analysis of both of those Bills: what it does, what it doesn't do. And I would like to provide that to anybody that should so choose for some of these, I'm going to leave them in both chambers in the back. You're happy to pick them up. If we run out, I'll be happy to give more to you. But I think that's the good way of doing things. We have put something out there; I want everybody to know about it. And so, we could potentially have a good discussion. Thank you."
"The House will move off to committees. The House is in recess until the hour of 4:30. The House will be in order. Mr. Clerk, Committee Reports."
"Committee Reports. Representative Daniel Burke, Chairperson from the Committee on Executive reports the following committee action taken on May 31, 2016: do pass as amended Short Debate is Senate Bill 2051; recommends be adopted is a Motion to Concur with Senate Amendment #1 to House Bill 6125, Floor Amendment #3 to Senate Bill 250, Floor Amendment #3 to Senate Bill 1529. Representative Sims, Chairperson from the Committee on Judiciary - Criminal reports the following committee action taken on May 31, 2016: 09900141.docx 113 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 recommends be adopted is a Motion to Concur with Senate Amendment #1 to House Bill 5910, Floor Amendment #3 to Senate Bill 3096. Representative Bradley, Chairperson from the Committee on Revenue & Finance reports the following committee action taken on May 31, 2016: recommends be adopted is a Motion to Concur with Senate Amendment #1 to House Bill 3262. Representative Jackson, Chairperson from the Committee on Counties & Townships reports the following committee action taken on May 31, 2016: recommends be adopted is a Motion to Concur with Senate Amendment #1 and 2 to House Bill 4522. Representative Gabel, Chairperson from the Committee on Human Services reports the following committee action taken on May 31, 2016: recommends be adopted is a Motion to Concur with Senate Amendment #1 to House Bill 4257. Representative Hoffman, Chairperson from the Committee on Labor & Commerce reports the following committee action taken on May 31, 2016: recommends be adopted is a Motion to Concur with Senate Amendment #1 to House Bill 4036."
"Page 12 of the Calendar on Concurrence, House Bill 4522, Mr. Hoffman. Please proceed, Sir. Please proceed, Mr. Hoffman."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move that we concur in Senate Amendments… I think it's Senate… Committee Amendment #1, Floor Amendment #2 to House Bill 4522. What this would do is it would allow volunteer fire departments to recoup a fee of $250 per hour per vehicle and $70 per fireman if they were to answer a call that is a non-residents call. We had passed the Bill that would have allowed them to do this; they put Amendments on 09900141.docx 114 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 this with limits on the reimbursement. This for the first time would allow municipal volunteer fire departments in order to receive that reimbursement for answering a non- residents call."
"Mr. Sandack."
"Thank you. Will the Gentleman yield for some questions?"
"Gentleman yields."
"Jay, there were some ‘no’ votes in, I think, the first time around. What… what would the Amendments or what changes occurred at the Senate side?"
"Yes. The Amendments are an initiative of the insurance industry. So, what happens is… let me give you an example. Fairmont City Municipal Fire Department in Fairmont City Municipal Fire Department's district is an interstate. So, non-residents will have accidents on that interstate… it's Interstate 5570 and someone has to answer that call. They will answer the call and since they were a municipal volunteer fire department, they wouldn't get reimbursed like other fire departments did… other district fire departments did. So, this would allow them to get reimbursed. And what the Amendment does is an initiative of the insurance industry, which limits that reimbursement to $250 per hour… $250 per hour and $70 per firefighter."
"And that's the only changes from the House version?"
"Yes."
"All right. Thank… thank you for answering the questions. Mr. Speaker, given the dearth of attendees, I'm going to ask that a verification of any Roll Call vote occur here, please." 09900141.docx 115 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Gentleman has asked for a verification. Mr. Sandack is recognized."
"Thank you, Mr. Speaker. I withdraw my request for a verification."
"He didn't threaten you, did he? I saw you guys meet in the middle of the…"
"Compromised, we engaged in compromise. It can occur."
"That was a fast compromise."
"You see what happens when you talk together."
"Your name again, Sir? Mr. Moffitt is recognized."
"Thank you, Mr. Speaker. Just right back. Representative Hoffman, we stated some things on the record in committee… your intention to follow-up legislation. Is now the appropriate time to… to be…"
"Yes."
"This… you're really… on there you indicated that there would be follow-up legislation next year, that there will be consistency between the types of fire departments and that there… in talking with insurance folks, might even arrive at a standard. What type of, you know, how many trucks and how many firefighters would normally be reimbursed for, but that there could be situations calling for more than that. And they were receptive to talking about that. Your… you intend to follow up with legislation to… so this really isn't a takeaway from fire departments. Is that correct?"
"No. This… this for the first time number 1) it's going to… it will standardize across the fire protection districts and volunteer fire departments the ability when you answer a non-residents call that basically you would get reimbursed at 09900141.docx 116 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 $250 per hour and $70 per firefighter. And the concern that you raised in committee was that what if there has to be more than one firetruck that is brought to the… the scene, should they be able to get 250 for that… that additional vehicle? I think what we would work on is legislation that would say, if it's deemed necessary then they would get that reimbursement."
"Right."
"That's my intention in the future."
"Right. And I appreciate it, I know you'll make good on the follow-up legislation. We're not trying to be a takeaway for fire districts, but just… we… we want to make sure they have adequate equipment and adequate personnel responding and not reducing their… their potential. So, I appreciate your commitment to that. Thank you."
"That's never my intent. It's just to expand to volunteer fire departments the ability to get reimbursed.”
“Mr. Sullivan."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Yes."
"Jay, so we understand the intent of the Bill. The Amendments will in essence say instead of 250 per vehicle, which could drive up the costs a lot of people think, well, let's send the whole fleet out there so we can, you know, really jerk up the costs. It's just $250 flat fee for responding to a call, plus the… the personnel?"
"Yes. And this was an initiative of, I believe…"
"Per hour, I'm sorry. Per hour." 09900141.docx 117 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"…per hour, $250 per hour. And $70 per hour for our firefighters."
"Right."
"So, the idea is to make sure that you only send out the number of vehicles that are needed. And to allow reimbursement for volunteer fire departments. It was an initiative to limit the Bill… limit the possi…"
"By the insurance industry, correct?"
"…by the insurance industry so."
"Okay. That's… I just wanted that clarification. Thank you."
"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, Members. Davis, Feigenholtz. Please take the record. There are 73 voting ‘yes’, 42 voting ‘no’. And the House concurs with Senate Amendments 1 and 2 to House Bill 4522. And this Bill, having received the Constitutional Majority, is hereby declared passed. Page 8 of the Calendar, Senate Bill 3096. Mr. Clerk, please read the Bill. Representative McAsey."
"Senate Bill 3096, a Bill for an Act concerning criminal law. This Bill was read a second time a previous day. No Committee Amendments. Floor Amendment #3, offered by Representative McAsey, has been approved for consideration."
"Representative McAsey."
"Thank you, Mr. Speaker. I move to adopt Floor Amendment #3. Floor Amendment #3 is language specifically to help the Illinois State Police and their forensic services division 09900141.docx 118 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 address the large backlog of evidence, most notably including rape kit evidence. What Amendment #3 does specifically is create an exemption for the division of forensic services from the Illinois Procurement Code allowing ISP to procure contracts for services, commodities and equipment to assist with timely completion of forensic analysis. The exemption will sunset in 2 years. And the Amendment also clarifies that, for any contracts of services, the applicable language of collective bargaining agreements concerning subcontracting must be followed. Specifically, with regard to the procurement language, I would note that Illinois State Police has already had an exemption from the Procurement Code and has been good stewards of that. The Amendment does two other things. It allows the State Police to establish administrative rules to standardize the requirements for disclosure of toxicology results. And it provides that the Illinois State Police may contract polygraph operators to aid the efforts. That will give Illinois State Police flexibility that they need to hire lab personnel that's more consistent with the needs of the labs. For purposes… So, with this Amendment, there is… all opposition to the Amendment has been removed. And I would move for adoption of the Amendment."
"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Please read the Bill."
"Senate Bill 3096, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill." 09900141.docx 119 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Representative McAsey, did the Amendment become the Bill?"
"No, I'm sorry. The Amendment was a page and line Amendment."
"Please proceed."
"So, Senate Bill 3096 includes the Amendment which I had just described, language for the Illinois State Police. But Senate Bill 3096 is actually very remarkable and I believe will make Illinois a leader in our response to sexual assault. Sexual assault continues to be a serious criminal justice issue in Illinois and throughout the country. Whereas, many people report instances of sexual assault to victims' advocates, rape crisis hotline centers, fewer than 5 thousand reports for the more than 28 thousand contacts were made to law enforcement. So, increased reporting we believe prevents rapists from reoffending, leads to increased prosecutions, promotes justice for victims and keeps our state, including our children, safer. This Bill will work to address the criminal justice system’s response to sexual assault and sexual abuse victims by having policies that ensure evidence- based, trauma-informed and victim-centered policies. This will require reporting for law enforcement to take a report from a victim regardless of who is reporting and where the crime occurred. Training. This will require training for law enforcement officers and investigators, both first responders and 9-1-1 operators specifically about sexual assault. And extends the time period for victims to consent to the release of their forensic evidence kits. And also, allows for greater transparency for victims with regard to the status of their 09900141.docx 120 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 rape kit testing. This legislation is the product of a yearlong effort led by Attorney General Lisa Madigan and also including the Illinois Coalition against Sexual Assault's Executive Director Polly Poskin, Cook County State's Attorney Anita Alvarez and St. Clair County State's Attorney Brendan Kelly through the Joint Sexual Assault working group. I would ask for the support of this legislation so that we can take this necessary and important step to do the right thing to make our criminal justice system more responsive and sensitive to victims of sexual assault. Again, I know of no opposition and ask for your 'aye' vote."
"Representative Wheeler." Wheeler, B.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." Wheeler, B.: "Representative, during committee a couple of days ago there was an issue in regard to the number of rape kits that were on backlog. Can you tell me what happened in regard to that in today's committee meeting?"
"Yes. So, we did adopt an Amendment in committee today which… we worked with the Illinois State Police as well as the other stakeholders who had represented that they had opposition to the Amendment that was in committee on Sunday. The Amendment today working with the State Police does allow them exemptions from the Procurement Code so that they are able to move forward to contract for services as necessary or other equipment so that they may work to bring down the backlog that… that they described in the thousands of rape kits and other evidence that's a backlog." 09900141.docx 121 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 Wheeler, B.: "So, what you're saying is there's a backlog of thousands of these rape kits and other biological kits and they're going to be able to take down that backlog? And they have two years in this new Amendment, is that right, to get that done?"
"So, the… the new Amendment… the exemption from the Procurement Code would sunset in 2 years. And so, we believe that these different tools to help Illinois State Police to have the flexibility to bring on new employees and train those new employees which takes about 18 months that… that in… in that time frame they will be able to… to up their staffing, do the things that they need to do as scientists to continue to process evidence and work to address that backlog." Wheeler, B.: "So besides, bringing in the third party to help they're also hiring new people. Are they going to be able to catch up on their backlog within those 2 years? Did either ISP or AFSCME be able to commit to having the backlog where they're 6 months behind? Is that… is that as I recall?"
"At a minimum, 6 months behind." Wheeler, B.: "Okay."
"It is certainly our hope that providing this flexibility to the Illinois State Police that it will go a distance to helping them address that backlog." Wheeler, B.: "So, there was no commitment to actually fulfilling their commitment to get it all done as far as the backlog?"
"Oh, no, no. It… the Illinois State Police is absolutely on board and working to address that backlog. They are supportive of this language because they believe that it will allow them to do that. We have this 2 year sunset. If in 2 09900141.docx 122 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 years we realize that… that they have not been able to do that, that they need more, we, as a General Assembly can look at this, come back, see if there are other supports that they need or… or different sorts of support." Wheeler, B.: "And the department said they needed to hire more people, correct."
"Right. The department in… right, in committee on Sunday the Illinois State Police said that they need to hire more people and they committed to doing that." Wheeler, B.: "All right. Thank you very much. And thank you for your work on this."
"Yes. There are… there are 18 positions that they are committed to working to fill." Wheeler, B.: "Thank you, Emily. Thank you for your great work on this. I appreciate it."
"Thank you."
"Representative Cassidy."
"Thank you, Mr. Speaker. A couple of questions for legislative intent."
"Sponsor yields."
"Representative McAsey, you've been great about working with us to get all the… all the confusion sorted out with this. I just want to read some things into the record unless you would like to read the items into the record. Either way. You've had a lot to say. If you want to rest your voice box for a second, I'm happy to take it and you can just say yes."
"Sure."
"This Amendment provides that for any contract for services which are currently provided by members of a 09900141.docx 123 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 collective bargaining agreement, the applicable terms of the collective bargaining agreement concerning subcontracting shall be followed. It is the intent of the General Assembly that this language references the rights of Illinois State Police employees under the AFSCME collective bargaining agreement as it stands today? It is in the intent of the General Assembly that this legislation shall not undermine those rights?"
"Yes. That is my intent; that is the legislative intent of the Amendment adopted to this Bill."
"And then on the scope of the contracted work. It is the intent of the General Assembly to reduce the backlog of work in… in the DNA and forensic biology disciplines. These disciplines do not have the required state staffing to meet the backlog and current workload. The intent of the General Assembly is to allow the Department of State Police the ability to contract portions of the backlogged work as they hire and train additional staff. We limit this ability to 2 years after the effective date of this Act in the hopes that the Department of State Police will have enough staff to ensure that the backlog of cases in DNA and forensic biology do not recur."
"Yes. That is absolutely the intent of this legislation."
"Thank you so much. I strongly support your effort."
“Thank you.”
"Those in favor of the Bill will vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Soto. Please take the record. There are 118 voting ‘yes’, 0 voting ‘no’. And this Bill, having received 09900141.docx 124 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 the Constitutional Majority, is hereby declared passed. Page 6 of the Calendar, Senate Bill 250, Representative Gabel. Please read the Bill."
"Senate Bill 250, a Bill for an Act concerning elections. This Bill was read a second time a previous day. No Committee Amendments. Floor Amendments 2 and 3 have been approved for consideration. Floor Amendment #2 is offered by Representative Gabel."
"Representative Gabel on Amendment 2."
"Is there an Amendment 3? I’d like to with…"
"There is an Amendment 3."
"So, I'll withdraw Amendment 2."
"Amendment 2 is withdrawn, Mr. Clerk. Please read the… keep going."
"Floor Amendment #3 is offered by Representative Gabel and has been approved for consideration."
"Representative Gabel."
"Thank you. I'd like to move to adopt Amendment 3. Amendment 3 brings the State Board of Elections to support the Bill. There are three things that this Amendment does. First, it changes the implementation date to January 1, ‘18, gives it a little more time to implement the full program. Second, it allows people to opt out at any time. And third, it eliminates the requirement that the Secretary of State needs to do a data match for one year, look back, but it still keeps the updated… automatic updates every two months starting September ‘16." 09900141.docx 125 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Floor Amendments have been approved for consideration. No Motions are filed."
"Third Reading. Please read the Bill."
"Senate Bill 250, a Bill for an Act concerning elections. Third Reading of this Senate Bill."
"Representative Gabel."
"Automatic voter registration will modernize voter registration in Illinois to get more eligible voters on the rolls and to make our voting lists more accurate and secure. The goal of this legislation is to register eligible voters and only eligible voters. It is of utmost importance that ineligible individuals do not end up on our voter lists. And in order to ensure this, this legislation directs the State Board of Elections to analyze the data sent by driver services for voter eligibility. I ask support for this Bill and would like to answer any questions that folks may have."
"Mr. Sandack."
"Thank you. Will the Sponsor yield?"
"Sponsor yields."
"Representative, with your Amendment #3 are there any opponents to your Bill?"
"No."
"So, you've taken care of all opponents with your third Amendment?"
"Correct." 09900141.docx 126 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"All right. ‘Cause I was looking through some of the analysis with respect to comments from the State Board of Elections and at least, originally as proposed, they were concerned about their overall gatekeeping requirement and… and the administration. But with your third Amendment their concerns have been allayed?"
"Correct. We worked very hard with them over the last few days. And actually they are not only neutral, but they support the Bill."
"They… they're now in support of the Bill?"
"Correct."
"Is there a fiscal impact associated with this Bill?"
"You know, there may be some fiscal costs to… what does the note say? The State Board of Elections estimates that there may be a cost of 845 thousand, but we also think that this is offset because there will be… because it will be automated, there will be fewer paper costs."
"All right. And I guess we'll just see. And… and explain just briefly the opt out component, if you wouldn't mind."
"So, it works in a couple of ways. So, it… there's one way that it works at the motor vehicle and then there's another way it works at the other agencies. At the motor vehicle, individuals are given the opportunity to opt in to register and if they do legally affirm that they are eligible, then the DMV sends those applications along to local election officials. And then the other way that the DMV works it is that they would just automatically match files and then people would be sent a letter and they could opt out that way."
"And… other agencies are no…" 09900141.docx 127 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Well, the… the other agencies, the individuals will be presented with the opportunity to opt out when… exactly when they're interacting with the agency."
"So, they opt out at other agencies; they opt in at the Secretary of State?"
"They opt in initially… one group opts in and then there is a data match to see if there's anybody else eligible."
"All right. Last… thank you for your cooperation. Last question. When does this become effective? Obviously…"
"Effective…"
"…the intent is soon, but there's going to be some requirement of… of preparation, yes?"
"The full program is implemented January 1 of 2018…"
"Thank you, Representative."
"…for all the agencies."
"Thank you."
"Mr. Batinick."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"I'm trying to catch up ‘cause I guess Senate Amendment 3 just passed, I'm trying to get the new iteration of the Bill. A couple quick questions. You mentioned how much it costs the state. How much does this cost local governments?"
"It shouldn't cost local governments anything. They… they are going to be getting information from the State Board of Elections and then they just determine if those people are eligible to vote. It's just part of their regular job of adding voters to the voter roll." 09900141.docx 128 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Okay. So, I'm… I'm being told they have to send out notices to people who opt in. Is that correct? So, there is an expense to locals. Do you have an idea what that would be?"
"Well… well, I don't believe they have to send notices to the people that opt in at the… at the other four agencies. Through the DMV…"
"The locals will have a fiscal impact though, I'm being told."
"I'm… there were some changes that were made in the… in the… in the Amendment that was going to reduce some of those costs. It appears that they already have… this is something they already have to do and they already send out these notices. This is kind of an extension… we've been… we've already been operating in these agencies for 20 years doing the… based on the Federal Motor Voter Act."
"Okay. How much… how much will it cost the agencies? I mean, obviously, there's new administrative work that the agencies need to do. Now, DHS is suddenly a registration authority. Have you quantified how much that's going to cost? Or how much time it's gone take away from their core services? If you have an individual that's supposed to be dealing with social services and is now dealing with registering… registering voters, have you quantified that cost?"
"Yeah. So, it's currently Federal Law. It's the Federal Motor Voter Act. These agencies are already doing this work. We're just hoping with this legislation that they can do it better. That it will be easier for them to do it and that they can do it even more efficiently." 09900141.docx 129 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Okay. I'm being told that's not accurate. I… I noticed that the Illinois Department of Revenue…"
"It's the National…"
"…Revenue is being… is included in the Amendment that just passed minutes ago. Are we making sure that taxpayers, the people that actually pay taxes, are quickly registering? Are we doing something with people who turn in their taxes?"
"Anybody that goes to the Motor Voter centers to get their driver's license will be included in this."
"Okay. But nothing with people who pay taxes with their tax bills?"
"Plenty of… everybody pays taxes who works. Except maybe some people who make a lot of money and then they don't pay very many taxes."
"That's… that's good. Okay. To the Bill. I think there's some expenses with this that we don't know what they are. The Bill that we passed 2 years ago at the very end of Session like this cost my county 1.4 million; the county neighboring to me about half of that. It cost the collar counties combined millions of dollars. I think we have to be more careful about passing Bills before we get a full handle of their costs. Please vote 'no'. Thank you."
"Representative Ammons."
"Thank you, Mr. Speaker. To the Bill. This past Election Day our lines were wrapped around the Illini Union Hall at the campus of the University of Illinois and our Clerk's Office. I think we had record turnout in Champaign County that even exceeded Sangamon County. Senate Bill 250 shortens the lines at the polls by reducing Election Day registration. 09900141.docx 130 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 In March… in the March Primary, Cook County found 75 percent of voters who were registered on Election Day did so by using state ID that matched their voting address. By registering those individuals automatically, Election Day registration lines would be significantly shortened. And I can tell you in Champaign County, myself and my Clerk, we met immediately after the Primary Election to talk about ways to address the long lines. Some students waited in line for 2 to 3 hours to register to vote and to vote on same day. I think this Bill does a great job and goes a long way to reduce the lines that we experienced. And I stand in full support of Senate Bill 250. And thank you so much, Representative Gabel, for leading the charge."
"Mr. Fortner."
"Thank you, Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, you talked about how the Secretary of State's Office is being treated differently in this Bill compared to the other agencies that are referenced. Is that right? For the purposes of making it clear to the public as we're going forward, how would the process work? Let's think about it from the perspective of the individual who is going to renew their driver's license? What… how would that process play out from that person's perspective?"
"When an individual goes to vote, they will be… you will… they will be asked if they want to register. If they say yes, then they will affirm that they are eligible; they will make sure that they are the correct age and are a citizen. They will sign an attestation, which is what they do currently 09900141.docx 131 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 ‘cause as I said this is part of the national… the Federal Motor Voter Act. The application will be sent to the State Board of Election and the State Board of Election will send it to the local."
"I was under the impression that in… and again, maybe there are some Amendments that changed, I was under the impression that they did not have to necessarily be asked if they wish to register. That if they were already, as I said they're just going in to renew their driver's license. There could no… we might… at least the way I read the text, that there might be no exchange about whether or not they want to opt in, opt out, whatever, between the person at the… at the driver's license station and the person at the counter who is doing that information. As I say, we're just renewing…"
"So… yeah…"
"…a license."
"…there's two parts to it; so that's the first part. If somebody comes in, they… they are supposed to be asked. After that then there will be kind of a data exchange. They will send the motor… motor vehicle places will send everyone's files to the State Board of Election and show what ID they used when they got their license or changed their address. The State Board of Election will identify other voters than those who opted in, will identify the ones who may not be registered then. And then, through data analysis that can find people who are already registered and update their file. It can also identify new registers and it sends applications to the local election officials. And the local election officials then would review and determine if they are 09900141.docx 132 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 eligible. If they are, they would then send the register… the person who is to register a notice describing their eligibility and allow them to opt out."
"Right. Because what I… here's what I was reading in… in the Amendment. This would be House Amendment 3. In one of the Sections it specifically says, the Secretary of State's Driver Services Department shall send this information to the State Board of Elections for every applicant regardless of whether or not the individual attested to his or her eligibility to register to vote. So, I know it talks about asking for an attestation, but the way I read this it seems to say that that attestation doesn't matter when it comes to the transmittal of information to the State Board of Elections. It's like that's a… a pro forma statement and not a gatekeeper statement. Am I reading that right?"
"Yes. This is a… is a opt out Bill. So, people will be given plenty of opportunity. There's no limits on their abilities to opt out, but their information will be submitted to the State Board of Elections. State Board of Elections will call it and look to make sure that people are… are eligible and then they will send that information to the local election offices. And those offices have the final say on if someone is eligible or not."
"But… but here's what I'm trying to understand. So, if I go on to the very next sentence it says, all other designated government agencies shall send this information to the State Board of Elections only… and the key word is only if the individual attested that he or she is eligible to register to vote. So, in every other agency the way it's 09900141.docx 133 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 written there has to be… that statement is not pro forma. That statement is meaningful. If they do not att… attest to their ability to vote, it doesn't move along to the State Board of Elections. And so, that's what I'm trying to understand."
"And that… that's correct. That's correct. And that's because…"
"I'm trying to understand, why is it different?"
"I'm going to tell you why it's different. That's because at those other agencies they do not have to give the same kind of information that you do to get a driver's license. So, they are less likely to have birth certificates, they are less likely to have the kind of information that is given at the motor vehicle place."
"So, I understand that there's other information that one needs to put in in order to get a driver's license, but we're just talking about that part which pertains to vote. And certainly, if you're attesting to vote at a state agency which is not the Secretary of State, why wouldn't there be the same relevant information and having that attestation have the same value as it has if they were at… at one of the other agencies that is listed as a… as an agency that can serve this function?"
"Well, I… I feel like I've already explained that. That the information that’s collected at the other four agencies is just not the same information. It's not at the same level and the data analysis is just much less feasible."
"But what I don't understand is if… so, are you saying that normally because the other agency is not collecting that 09900141.docx 134 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 data? I guess, I don't understand why the attestation has a different meaning if those other agencies are not collecting as much data. I mean, either the attestation has value or it doesn't have value."
"Well, the attestation is the same for both. I mean, if they attest…"
"Okay. It's the same for both…"
"…that they want to register, then they'll… then they'll be registered."
"Right. But in the case of one of the motor vehicles locations it's set automatically even if they… even if they don't attest… even if they do not make an attestation. So, I guess I'm wondering… it just looks like this is creating a… an issue… there seems to be a hole there. And I'm just trying to understand what fills that hole?"
"As I explained, there's just more information. It's at a higher level when you go to the DMV."
"’Cause…"
"It doesn’t apply. You can get… to… anyway."
"Because… ‘cause it also says, I mean, we say… it says specifically in the Bill 'the agency'. This applies to all the agencies, not just Secretary of State, that they have to collect…"
"It's the designated agencies…"
"…all… all designate…"
"…the four other agencies."
"Well, I'm reading, the line says the agency shall collect all needed information for voter registration. That's… that's…" 09900141.docx 135 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"The designated agency."
"No, I'm… that's not… I'm quoting from the Bill. The agency shall collect all needed information."
"But if you look in the definition the agencies refer back to the designated agency."
"I understand. But I'm trying to understand why… if… but if they are collecting all needed information, if they're the designated agency and they're collecting all needed information, then they have all the information. Secretary of State is also collecting all the needed information; they have that in their database. So, it seems to me as far as Sec… the State Board of Elections is concerned, the agencies, the designated agencies, are being treated the same. They have the same data that the Secretary of State has, as far as the State Board of Elections is concerned. And I just… so that's why I'm trying to say, why would I not have that attestation have the same import that it does at all the designated state agencies. And I know you… you say you've answered before, but I… there's a difference…"
"I'll try one more time."
"…there's a difference."
"So, at the… at the motor vehicle offices those are only people who have an Illinois address, we know that they're applying for an Illinois license, their degree of eligibility is much higher than it is for people applying at other state agencies for… for services.”
“So…”
“And as we said… as I said, you know, there are plenty of opportunities to opt out. The local governments, the local 09900141.docx 136 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 board of elections have the final say on having that person be a registered voter in that… in that local area. This will facilitate and make it easier for… for registrations as well as making them more… the lists more reliable."
"To the Bill. I don't think we're going to make a lot more progress on this point. I think there is a fundamental difference that to me shouldn't be there. We're requiring the agencies to collect that information. These are agencies that are serving Illinoisans. Department of Motor Vehicles, the Secretary of State's Office is serving Illinoisans, though, of course, as we know we… we worked on legislation before whereby nonresidents… non-permanent residents, they have temporary residence in Illinois, can get a driver's license. Maybe they want to maintain their voting information in another state. It would seem to me that it would be applicable in those cases that that attestation matters or we're going to be sending automatic information to register people who may have chosen to get a temporary address; they're working in Illinois for a couple of years. They, therefore, choose to seek an Illinois driver's license; we'll accommodate that. And then, we're sending this information, but they want to maintain their voter registration elsewhere. Because one of the things I can see happening is that by… by this automatic transfer there's a second issue. And that is that there's the possibility and I certainly have no acquaintances that explicitly choose not to register to vote. They have their reasons, whatever those reasons are. And this automatic transfer, we are now essentially forcibly putting the system… yes, there's a process that in this language seems extremely 09900141.docx 137 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 vague as to how you would come to terms with the… with this process of getting the information so you can truly opt out. I think it's… I don't think it's as well spelled out as it really should be. I would really like to see some further Amendments to really clarify this to make it so that we don't have what seems to me to be vague language that could potentially lead to a bit of a loophole. So, I… at this point I will be unfortunately voting 'no' ‘cause I think this really needs to be fixed. Thank you."
"Mr. Demmer."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, have… have you had a chance to review Floor Amendment #4?"
"Yes."
"And did you make a Motion to adopt Floor Amendment #4?"
"No. No, I did not at this time."
"Did you have a reason for that? Was it just timing? Was it a conceptual disagreement? What was that?"
"So… so, I feel like at this time these are the agencies that are listed in here as designated agencies are already agencies that have been doing this work under the Federal Motor Voter Law. They just haven't been doing it very well. So, this initial Bill is to help them… to see if we can get them to do their work better. I am perfectly open to looking at extending this to other agencies as we move forward."
"Well, I appreciate that. I… and I would call attention to Floor Amendment #4. This was filed by Representative Sosnowski and it… it's… it broadened the scope of agencies 09900141.docx 138 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 that individual citizens might interact with to include things like the Department of Revenue. So, if you're filing your taxes, you could check a box that said, I'd like to register to vote or to update my registration to vote. Department of Natural Resources, Department of Financial and Professional Regulation, various state agencies that regularly interact with Illinois residents I think is a… is a really promising way for us to make sure that we're reaching a number of people. And in some of these cases, reaching folks through not waiting in line at a local agency office. You know, perhaps not putting that what has been… has been referred to a few times before, not maybe adding a little bit of a delay to the… the core services that are being delivered in a Department of Human Services office or related facilities. So, I encourage you to take a look at House Floor Amendment #4 to consider maybe the possibility for a trailer Bill here to expand that so we can really talk about reaching a wider range of Illinoisans. Or maybe it's something that we could work with the Governor's Office on, if there's an Amendatory Veto on this Bill, just ways to kind of make this a little bit better. I think we've heard some legitimate concerns here today, concerns about how logistically this might be carried out. And the… I think many of those might be able to… to be addressed in a trailer or in an Amendatory Veto."
"Under… under the current wording in this Bill, you can add other agencies at any time."
"I appreciate that. And think that's a… that's a good opportunity for us. I know… one question I have for you about 09900141.docx 139 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 the agencies that are, in fact, listed in your Bill; if an individual visits a Department of Human Services office, an Aging office, others, multiple times? And let's say they have a weekly appointment, and let’s say, hey, you know, whatever the case might be. They're… they're in there on a regular basis. Does this mean that in each instance we go through the… the automatic voter registration process?"
"No."
"And… and where is that… what's the language that limits that?"
"You know, at each of these agencies they will be presented with the opportunity to opt in. It's one sentence."
"The opportunity to opt…"
"To opt out."
"…to opt out, correct."
"To opt out."
"Right. The opportunity to opt out. So, should… should the person say, yeah, sure, right. I mean, you just asked me last week, I wanted to register to vote then. Of course, I want to register to vote now. Maybe I haven't gotten the postcard yet or maybe I didn't see the postcard. We could see people being processed time after time after time after time. Is that right?"
"Yeah. It goes into the electronic database and gets sent over as data. It shouldn't take anybody's time. It shouldn't take much of anybody's time."
"So… so, the answer is yes. This could… this could happen many, many, many times per individual?" 09900141.docx 140 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"The data could be sent many times. The computers will be very busy."
"Per individual. Have you given any thought to the idea that, you know, when a… when a citizen of Illinois… when a resident of Illinois comes into an office like this, they're coming in to access a… a service. To… to enroll in a service, maybe to ask questions about a service in which they're currently a part of. Have you given thought to the idea the if we ask them about other… other programs, if we make other things available to them like registration for voting that perhaps they're not eligible for, that it may actually present a barrier or a hurdle to them accessing the original service? So, for example, if you come in and they say, hey, you know, I… I'd like to enroll in… in, you know, program x or program y and this person asks me every time I walk into the facility whether I want to register to vote. Now, I don't think I'm registered… I don't think I'm eligible to vote. It might give that person pause to say, should I really keep going back here? Are they taking a record of this? Are they keeping track of who's eligible to vote and who's not? Am I really going to qualify for this service in the long-term?"
"You know, this legislation was written with a lot of the immigrant groups and people who may work with folks who aren't eligible. And they felt very comfortable with this language. And we're, you know, I think we're more concerned about making sure that citizens are registered. And I think that there's… that people can opt out and if they need the services, they're going to come in. I certainly hope that most people don't spend all their time standing in lines at agencies." 09900141.docx 141 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"I certainly agree with you. And… and we should do whatever we can to make sure that's not the case. Mr. Speaker, to the Bill. I think this is an important concept for us to look at. As a Legislature, we should be fully in favor of all individuals… all individuals who are eligible to vote that they’re… they're given the opportunity to register to vote. But with the ability to register more easily, with the ability to make sure that we understand who are voters and who are not voters, with… as we make that process easier we also make the process easier to do data validation. To make sure that individuals are registered in one place and not two. That they're not registered at old addresses; that they're not registered in… in maybe a location which they're no longer entitled to vote. We need to make sure that as we make voter registration… voter opt in, voter participation easier we also make the integrity of those programs easier. I think this is a promising start on that process. I think we've heard a number of logistical concerns about costs, about how to implement this in many offices, about the questions and confusion that may come about. When you present at a Department of Human Services office and you might have questions about whether you're eligible to vote or where you should register to vote, let's continue working on those though. Let's look for a trailer Bill opportunity. Let's work with the Governor's Office on an Amendatory Veto opportunity. Let's make this Bill even better, so we can be confident that every individual who's entitled to vote is given an opportunity to vote and that we're ensuring that our voter rolls have the utmost integrity. So when we have elections in 09900141.docx 142 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 this country, we know that the voters who are entitled to vote here are casting legitimate, valid ballots. Thank you."
"Mr. Harris." Harris, D.: "Thank… thank you, Mr. Speaker. Ladies and Gentlemen of the House, if I may just take a moment and put something in the record… in the record of the House. The Daily Herald, which is a suburban newspaper in the Chicago area, wrote an editorial about this Bill last week. And they… they said this. The occasional drives to make it easier for people to vote sound like extremely Democratic things. They're a bit like mom and apple pie, who could possibly oppose them. They get… and they go on to say though, excuse us for asking a hard question. What is the benefit to Democracy of increasing voter turnout if those added voters in large part may be uninformed? It could be argued for instance that if you can't… if you can't take the fraction of the time it takes to register to vote, what are the odds that you will take more considerable time needed to study the candidates and the issues?' And I think that's valid. Those individuals who at least take the initiative to go somewhere and register to vote and say, hey, I really want to do this. Specifically on this Bill it says, while it sounds like a matter… the matter sounds like it changed to simply promote more voting, it is important to understand that most of the legislative efforts on voter registration are driven by pure politics. So, it's easier for political Parties to get out their vote if they don't have to worry about whether the voters… whether the individuals are registered. Like so much in Springfield and Washington, the politicians don't like to talk about what's really going on. 09900141.docx 143 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 What's really going on is pure and cynical politics. The idea is yes we want to get out the vote as much as possible, but at the same time isn't… doesn't it make sense for somebody to have a little bit of initiative to go somewhere to register to vote? We've made so many other opportunities with the… with the early voting. We've made so many opportunities for people to vote. I think it's important for the voter to have a little bit of initiative to do what they need to do and not just automatically be signed up. Thank you."
"Mr. Mitchell." Mitchell, C.: "Thank you, Mr. Speaker. To the Bill. Just to say a couple things. I want to start by replying a bit to the Gentleman who just spoke, who I have a great deal of respect for. We ought to be doing everything that we possibly can in our democracy to make sure that every eligible citizen can participate. We ought to be doing all that we can to ensure access which is the… the thing that will fundamentally change our politics is having more people who are able to vote. When there are people who have barriers to entry, these are often people who are more transient. These can be folks who are lower income; these could be people who live far from the place there they can go to register to vote and don't have the kind of transportation that they need. We are locking out of our society in many cases our most vulnerable citizens. So, we ought to be doing all that we can to ensure that those people have a chance to vote. That they have a chance to have their voices heard. Because the more people who are voting, the less we have special interest groups and others focused on the voters who always vote. And the more we are talking 09900141.docx 144 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 about bringing everyone in our society to have a voice. This is a very good piece of legislation. Other states have done this. States like Oregon have seen, since they implemented theirs on January 1, had seen roughly half have been 500 thousand new voters that they have coming through their AVR system. This is a very, very good piece legislation. It sounds like it's going to get some bipartisan support. I look forward to working with the Gentleman from Dixon on trying to weed out any inconsistencies, but also to make sure we widen access even further. I want to give a shout out to our friends at I- Vote who put in so many phone calls and sent so many letters to get Democrats and Republicans to vote on this piece of legislation. It's one of the more important things that we will do this Session to increase participation by every citizen in our democracy. This is a good Bill. It has as the Representative from Dixon said, it's a good first step. It deserves an 'aye' vote. Thank you so much."
"Mr. Guzzardi."
"Thank you, Mr. Speaker. Brief question to the Sponsor?"
"Sponsor yields."
"Representative Gabel, there's been some talk about cost. Can we talk for a second about cost savings? Would that be all right with you? I take that as a yes. Representative, is there any data to suggest that it will, in fact, be cheaper to process these registrations automatically than to process them by paper?"
"Yes, it is cheaper to process them automatically."
"Are you aware of the data that came out of the State of Arizona, in particular, Maricopa County, Arizona?" 09900141.docx 145 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"No."
"I'd be happy to share if you haven't seen it. Maricopa County they changed from paper processing to electronic processing voter registration and the cost per registrant went down from I believe 86 cents to 7 cents per registrant. I might be slightly off by a cent or two on either side there. Do you think, in fact, that despite there being some upfront initial cost it's safe to say that the cost of processing individual paper applications… that cost will go down over time because we implement this automatic system?"
"I think that cost would go down dramatically. I think this is a way that we can really make government more efficient."
"I couldn't agree with you more, Representative. To the Bill. Just briefly to address the comments from the… from the Gentleman from Arlington Heights, whom I also have a great deal of respect for. The Gentleman, I believe, asked shouldn't… shouldn't we ask that voters have at least some modicum of effort to… before they are allowed to vote? And the answer in my view is absolutely not. Absolutely not. The franchise is a fundamental right. We don't put up obstacles to allow people to vote. There's not… they don't have to be intelligent or educated. They don't have to pay a poll tax. They don't have to pass a literacy test. Being able to vote is a fundamental American right. You shouldn't have to do anything to do it. Registering to vote automatically is a sensible next step. I urge an 'aye' vote. Thank you, Members."
"Representative Gabel to close." 09900141.docx 146 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Thank you, Mr. Speaker. I just want to address the… the statement about having people with… other people registering at the DMV office. So, out-of-state people with out of money out-of-state licenses or temporary licenses will not be included in these… in this program at the Motor Vehicle places. I can't agree more that we need to reduce the barriers to voter registration. Voting is a right. We have a history of voter suppression here. We need to do everything we can to reduce the barriers, give everybody the right to vote. I ask for support for this Bill. It will add more eligible voters to the rolls, make our voter rolls more accurate and secure, save taxpayers money and make election administration easier for election officials. Thank you."
"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 86 voting ‘yes’, 30 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. Senate Bill 1529, Leader Currie. Mr. Clerk, please read the Bill."
"Senate Bill 1529, a Bill for an Act concerning elections. Senate Amendment #1 was adopted in committee. Second… this Bill was read second time a previous day. Amendment 1 was adopted in committee. Floor Amendment #3, offered by Representative Currie, has been approved for consideration."
"Representative Currie."
"Thank you. May we adopt the Amendment and then describe the Bill on Third?" 09900141.docx 147 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Please read the Bill."
"Senate Bill 1529, a Bill for an Act concerning elections. Third Reading of this Senate Bill."
"Leader Currie."
"Thank you, Speaker and Members of the House. This is a bipartisan Bill intended to save money for the County Clerk's and thus the taxpayers and to streamline the processes of voter registration and the operations of our election authorities. Most of the Bill is totally technical. There are a couple of substantive changes which I'd be happy to describe if anybody wants to ask about them. And if you don't, I would let you know that the Bill has the support of the State Board of Elections, Chicago Board of Elections, the Association of County Clerks and Recorders of Deeds, the Cook County Clerk. As far as I know, there is no opposition to streamlining elections in the State of Illinois. Again, happy to answer your questions. I look forward to your 'yes' vote."
"Representative Chapa LaVia, do you rise to this Bill?"
"Absolutely."
"Please proceed."
"You look fine… phenomenal. Leader, there is a couple questions that my Election Commission asked me to ask you on this Bill ‘cause it's not very clear as far as the understanding of digitalized signatures as opposed to 09900141.docx 148 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 captured signatures. So, could you explain those two from the Bill?"
"Digital signatures, we all understand what those are, electronic signatures. Election authorities can use those in lieu of paper records, but they cannot be used for purposes of nominating petitions."
"Right. So, their… their interest and it was… there's no provision that a person cannot cut and paste signatures to any of the elect… election material."
"They cannot. They cannot. That would be illegal."
"Okay. The funds being kept separately may lead to another agency to do the same with privatize… for private donations. The state… state's registration system could be influenced by money."
"No. What could… No. What happened is Illinois joined ERIC, the National Voter Database. And in order to be able to use about $420 thousand in grant money for operations of the National Voter Database, we're creating a special fund, the ERIC Operations Fund, so that we can access that money."
"Okay."
"So that… I'm sorry. The state board can access that money."
"Okay. And page 59 of the 87, I think it's line 5 and 6 there's voter by mail ballots. Removes 15 days the day it is received in electronic authority to verify and cast process the ballots…"
"And… and that's just a technical cleanup. We made the substantive provision a couple of years ago." 09900141.docx 149 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Okay. And then there was an opinion issued by Attorney General's Office back in 2014 suggesting that the ballots cannot be cast until Election Day and not totaled until 7 p.m. on Election Day. Do you… are you aware of…"
"That's… that's not involved in this Bill."
"Okay. Thank you for answering my questions, Leader."
"Thank you."
"Mr. Sandack."
"Thank you. Will the Majority Leader yield for a couple questions?"
"Sponsor yields."
"Thank you. Leader, the technical things are all cool and I think it's a bipartisan Bill, but would you mind for the record just identifying the substantive changes?"
"Sure. I'd be… I would be…"
"Thank you."
"…I would be happy to. So, for example, right now the post office will not postmark large, flat envelopes. This will enable election authorities when they send out those envelopes for those who are voting by mail to put one of those… the bar… Yeah, it's called a intelligent bar code so they can identify when the ballot was mailed. The… we're extending the sunset so that in city elections in Peoria those fractional accumulative votes can still be counted centrally. That, in fact, is ordered by the Federal Court. And we specify that any application filed directly with the state board would be timely if filed by the 16th day. Right now, it says final date for voter registration. And again, we just talked with the former questioner about the capturing and storing of 09900141.docx 150 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 digital signatures. And the… there's a… people who are running for school board at consolidated elections have to file with the County Clerk or the County Board of Election Commissioners. We already talked about the creation of the Special Electronic Registration Information Center Fund. And… and there was also the provision that says that the Democratic Party can choose electors either at a state convention or by action of the State Central Committee."
"So, now that's permissive basically?"
"Pardon me?"
"That provision is now permissive, basically?"
"Permissive."
"Thank you for the explanations, Leader. I appreciate it. I thought it was Bill worthy of a little more elaboration given…"
"Fine."
"…its importance. Thank you."
"Representative Ives."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Does this… this Bill, Representative Currie, does it do anything about same day voter registration in precincts?"
"No."
"No, it doesn't. Okay. So, one of the biggest problems that we have and which could actually end up being somewhat of a constitutional crisis is the fact that when we've passed these other election Bills on the last day of Session, we've created a situation in Illinois where you could actually have disenfranchised voters. ‘Cause the previous Bills that we've 09900141.docx 151 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 passed so haphazardly out of this Body really what it does is it allows for counties under 100 thousand in population not to have the same requirements for same-day voter registration in precincts. That's what it… So, what you easily have here is disenfranchised voters who would have to travel actually if they wanted to same-day vote, same-day register, they would have to travel up to 20 minutes, half an hour, wherever. In that particular county, you could actually same-day vote and registration. Meanwhile, the rest of the state… the rest of the state it's mandated that you have same-day voter registration in precincts. So, while you're doing something here on this Bill, we are not fixing a glaring problem in the State of Illinois. And I just didn't know if you are aware of that?"
"Representative, you're right. Your issue does not have anything to do with passage of Senate Bill 1529."
"No, it doesn't. I just wanted to raise that point because we are failing to fix a glaring problem in the Election Code that we passed out of this chamber on the last day last year. So, who knows what this one's going to come up with as well. But… Mr. Speaker, to the Bill. Make no doubt about it here, we are treating pop… the population in counties under 100 thousand a lot differently on Election Day procedures than we are the rest of the counties. It's a problem. And all we need is one disenfranchised voter to challenge that in a court of law and throw an entire Presidential Election in… into chaos."
"Leader Currie to close."
"Thank you, Speaker. A good Bill, a bipartisan Bill. I appreciate your 'yes' vote." 09900141.docx 152 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"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? Smiddy. Please take the record. There are 115 voting ‘yes’, 3 voting ‘no’. And this Bill, having received the Constitutional Majority, is hereby declared passed. On the Order of Concurrence, House Bill 3262, Leader Currie. Please proceed."
"Thank you, Speaker. This is a measure proposed by the Metropolitan Pier and Exposition Authority. It would relieve the state, starting in Fiscal '19, of providing payments for incentive grants to trade shows that operate at MPEA. It would expand their taxing authority from 2060 to 2066, authorize new money bonds so that they can pay back the city for some of the costs of construction and pay the state the remaining balance of something like 43 million from the state sales backup fund. Going forward, surplus tax collections currently split between the authority and the state, once we've repaid the state for all the money we owe the… the authority owes, then they… the money will revert to… to the authority. And I would be happy to answer your questions. This is part of the MPEA modernization project, which is well on its way to completion."
"Mr… Mr. Harris." Harris, D.: "Thank you, Mr. Speaker. Just a couple of quick questions of the Sponsor, if I may?"
"Sponsor yields." Harris, D.: "Representative, we… this Bill came up fairly quickly and there are some questions from folks on my side of the aisle, if you'd be kind enough to answer them. Just so we 09900141.docx 153 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 are… are clear, the… the tax sources that are used to pay off the bonds have been in existence for a while. That's the hotel tax, restaurant tax, auto fee in Cook County and then the airport departure fee, that's used to pay off the bonds, right?"
"That's correct." Harris, D.: "Okay. And we… there was a… there was a difficulty during the recession years when those revenues were insufficient and McCormick Place has the opportunity to draw on General Revenue Funds, excuse me, the sales tax…"
"Yeah. State sales tax funds." Harris, D.: "…sales tax fund…"
"Right." Harris, D.: "…to make… to make up that. Okay."
"And that was about 43 million that they were into us for." Harris, D.: "Right."
"And they will under this Bill, they'll be able to pay us back." Harris, D.: "Right. And one of the objectives now is one that the additional bonding authority they are going to pay back what they owe from the sales tax proceeds…"
"That's right." Harris, D.: "…that we gave them. Okay."
"And… and going forward, they will… right now the state is on… on the hook for…" Harris, D.: "Right."
"…$15 million or so on an annual basis to provide incentive payments to the trade shows that use McCormick 09900141.docx 154 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 Place. Starting in Fiscal '19, the authority will pay that… those incentive moneys themselves." Harris, D.: "Right. And then the last thing is if there are… if there's any surplus that comes in from those tax receipts, the way it happens now is that 50 percent goes to the authority, 50 percent goes to the state. Whereas now, all of that… or any surplus will come to the state to pay off their deficit. Is that correct?"
"That… the first call would be for the state's repayment." Harris, D.: "So, generally very positive. We're giving them additional $293 million worth of bonding authority, 250 million of which is going to be used for… to pay off construction loans."
"Right." Harris, D.: "The other 43 million is going to be used to pay back the state, correct?"
"Exactly. Correct." Harris, D.: "Thank you very much. I encourage an 'aye' vote."
"Those in favor of the Bill will vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Sims. Turner. Please take the record, Mr. Clerk. There are 60 voting ‘yes’, 54 voting ‘no’, 1 voting 'present'. And the House concurs with Senate Amendment #1 to House Bill 3262. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4036, Representative Lilly. Please proceed, Representative, Motion to Concur."
"Thank you, Mr. Speaker and Ladies and Gentlemen. I rise to concur with House Bill 4036. The Senate Amendment to the 09900141.docx 155 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 Visa Act. And basically, we are allowing and… the allowable unpaid time, reducing it down from 12 weeks to 4 weeks. If there's no questions, I'll take an 'aye'."
"Mr. Sandack."
"Thank you. Will the Lady yield for a few questions?"
"Lady will yield."
"Thank you. Representative, I… I apologize. I was pulled in another direction. Do you mind letting me know what Amendment changes… what language changes occurred in the Senate, please?"
"Yes, Representative. The current law applies to employees with 15 or more employees. House Bill 4036, Amendment… Senate Amendment 1 will amend current law to cover employers with 1 or more employees. The law currently covers employees… would be up to 4 weeks of unpaid leave."
"Okay. I'm sorry. I'm… the current law is 15 or more and the Senate Amendment went to 1 or more?"
"The current law applies to employers with 15 or more employees."
"Right."
"Now, it will be 1 or more employees."
"Okay. So that…"
"And that group would receive 4 weeks of unpaid leave versus 12 weeks of unpaid leave."
"All right. So, obviously, that would probably explain why the Chamber, NFIB, IRMA, IMA, the DOL, the Illinois Petroleum Marketers Association, the Illinois Association of Convenience Stores, the Chemical Industry Association of Illinois and every business group opposes it because it went 09900141.docx 156 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 from 15 or more to 1 or more. That's pretty much why they oppose it, yes?"
"I'm not sure. But, we went from 12 unpaid weeks down to 4. And my understanding, this is not opposed."
"Wait a minute. So, my analysis doesn't show that. Are you telling me that business is not like… It's okay. That's why I'm asking. Business is not opposed anymore?"
"It is my understanding that we have no opposition… Excuse me. It's my understanding that we have neutral opposition and the Illinois Chamber of Commerce is in favor. Yeah, they’re in favor."
"They're neutral, but everyone else is still opposed is what I understand it to be, Representative."
"Correct."
"Okay. Thank you for answering my questions. With all due respect to the Lady, this is an onerous Bill on business. We… we hear from our small businesses how tough it is to ply your trade, where now a one woman or one man shop has now become obligated under this Bill. My gosh, can we please start doing some sensible things that could make business grow and maybe try and create jobs because job creators are creating jobs. Vote 'no'."
"Representative Lilly to close."
"Thank you, Mr. Chairman. Domestic violence and sexual violence victims are devastated when they are… crimes… victims of these crimes. We shall not add anymore suffering of the survivors. We must understand that they are in need of protection. We should not be placing restrictions based on the size of employers. Please give an 'aye' vote." 09900141.docx 157 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"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? Chapa LaVia, DeLuca, Rita, Sente. Mr. Clerk, please take the record. On this question, there are 73 voting ‘yes’, 42 voting ‘no’. And the House concurs with Senate Amendment #1 to House Bill 4036. And this Bill, having received the Constitutional Majority, is hereby declared passed. Mr. Clerk."
Clerk Bolin: "Committee Reports. Representative Currie, Chairperson from the Committee on Rules reports the following committee action taken on May 31, 2016: recommends be adopted Floor Amendment #2 to Senate Bill 3319."
Speaker Turner: "Representative Turner in the Chair. Under Concurrence we have House Bill 940, Leader Lang. Mr. Clerk, please read the Bill. Leader Lang."
"Thank you, Mr. Speaker. Amendments 4 and 5 to House Bill 940 simply reallocate unused OTB licenses from closed racetracks. As you know, the law has said that an OTB has to be owned by a racetrack. This is not an expansion of gambling at all. It simply takes the OTBs, which would close otherwise, and reallocates them to the three remaining racetracks in Illinois. I would ask for your support."
"Seeing no debate, the question is, 'Shall the House concur with Senate Amendments 4 and 5 to House Bill 940?' All in favor vote ‘aye’; all opposed vote ‘nay’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. With 87 Members voting ‘yes’, 28 Members voting ‘no’ and 0 voting 'present', the House concurs with Senate 09900141.docx 158 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 Amendments #4 and 5 to House Bill 940. And this Bill, having received the Constitutional Majority, is hereby declared passed."
"Representative Lang in the Chair. Page 12… Seems to be a divided opinion. House Bill 4257, Representative Kifowit. Please proceed on your Motion."
"Thank you, Mr. Speaker. House Bill 4257 is the Autism Awareness Card. We had an agreement with the Secretary of State that made a few changes to allow their office to distribute the card to individuals at the same time that they apply for their developmental disability card. Autism is listed as a developmental disability worthy of a card. And so, this is a great collaboration between DHS, Secretary of State. And I request a vote for Concurrence."
"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? Please take the record. On this question, there are 118 voting ‘yes’, 0 voting ‘no’. And the House concurs with Senate Amendment #1 to House Bill 4257. And this Bill, having received the Constitutional Majority, is hereby declared passed. Chair recognizes Mr. Phillips. For what reason do you rise, Sir?"
"Mr. Speaker, I'd like to be a 'yes' on 4036, please."
"The record will reflect your intention, Sir."
"Thank you."
"Thank you. Representative Chapa LaVia."
"All right. Thank you, Mr. Speaker and Members of the General Assembly. It is my roommate's birthday tomorrow, 09900141.docx 159 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 Carol Ammons, and we have cake and cupcakes in the back for everybody. She's going to be 31."
"Happy Birthday, Representative. I don't think we'll be here. House Bill 4377, Representative Mayfield. Please proceed."
"Thank you so much. This right here… this Bill we worked on quite a bit between the time it was here and it went over to the Senate. We had opposition when it left the House from some of the independent used car dealerships. These Amendments basically remove all opposition. And it's a really good Bill and I'd like an 'aye' vote."
"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? Flowers. Please take the record. There are 118 voting ‘yes’, 0 voting ‘no’. And the House concurs with Senate Amendments 1, 2 and 3 to House Bill 4377. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4633, Mr. Martwick. Please proceed, Sir."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I move to concur with Senate Amendment #1 to House Bill 4633. This is the Life Insurance… the Unclaimed Life Insurance Benefits Act that passed out of the House. When it got over to the Senate, Senator Haine conducted some negotiations with the interested parties and they came up with this Amendment. It is a… there are four changes to the Bill. One change is that the original Bill had applied to lapse policies, certain lapsed policies. In this Bill, there is no… all lapsed policies are excluded. The second thing is 09900141.docx 160 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 there is a statement in this Act which emphatically states that the Treasurer's authority under the Unclaimed Property Act is neither expanded nor changed in any way, shape or form. This is just a clarification that all sides wanted. Under the efforts to locate and notify beneficiaries, there was some concern about what the… would be required. And what was agreed to was that now the Department of Insurance will establish by rule minimum standards for good faith efforts. And the… and then the last is that it codifies an initiative of the Department of Insurance… it codifies a part of the… the Department of Insurance they are going to establish a lost policy finder. Whereby people who think that they may be beneficiaries on insurance policy can go to the Department of Insurance, check with them and they will do a search on their behalf. So, these are the Amendments from the House. I move to concur with them. I'm happy to answer any questions."
"Mr. Guzzardi. You could have just talked to him, you're right next to him, Sir."
"I… I… this conversation is going to be so interesting, I really…"
"Go for it."
"…thought that the full House might need to hear some of these questions of legislative…"
"Go ahead, Sir."
"Questions of the Sponsor?"
"Please."
"So, Representative, what does this legislation do?" 09900141.docx 161 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"This Act is intended to require life insurance companies to take reasonable steps to provide notice to potential beneficiaries."
"Representative, I'm sure that you're heard from the opponents of this legislation that it violates the contract clause of the Illinois and the U.S. Constitutions. If that isn’t accurate, how do you respond to that question?"
"Section 35 of this Act makes it clear that this legislation applies to policies, annuity contracts and retained asset accounts enforced on or after the effective date."
"Then doesn't the Act substantially impair the contractual relationship between a life insurance company and the insured?"
"No. Under this legislation no insurer will be required to pay more than it is already contract… contractually obligated to pay. And no beneficiary will receive more proceeds than what was provided for in the contract. Claimants must still file a proof of death, if required by the contractor. This Act is narrowly tailored to serve the purpose of ensuring that beneficiaries who are lawfully entitled to these funds receive their money in a more timely fashion."
"I have just several more organically arising questions for you, Representative. What is the problem that this legislation is intended to remedy?"
"This legislation will remedy the problem of insurance companies holding on to funds that should be paid to beneficiaries upon the death of an insured. We heard testimony in committee that over $550 million in unclaimed life 09900141.docx 162 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 insurance benefits owed to Illinois residents have been identified by the State Treasurer as a result of settlements with insurance companies representing over 70 percent of the market. Nationwide over $7.4 billion has been identified according to the Wall Street Journal. This legislation remedies the problem by requiring insurance companies to check the publically available death master file to identify when their insured's are deceased and then make good faith efforts to notify beneficiaries of their contractual ability to file a claim. Thus even if this legislation did impair a contractual right, which it does not, it would be justified by a significant and legitimate public purpose."
"But is the State Treasurer taking custody of these unclaimed life insurance proceeds Somehow a constitutional violation of the rights of the insurance company, Representative?"
"Actually the United States Supreme Court rejected constitutional challenges by a group of insurers back in 1948 when they claimed that New York's Unclaimed Property Law unconstitutionally violated their contract rights. This was Connecticut Mutual Life Insurance Company et al v. Moore."
"Well, geez, 1948. That's an awfully long time ago, Representative. Is this Connecticut Mutual case still good law?"
"Yes, it is. Just last year the West Virginia Supreme Court discussed Connecticut Mutual in a unanimous decision in favor of the West Virginia State Treasurer. This was a lawsuit between the West Virginia Treasurer and a group of life insurance companies that were refusing to deliver life 09900141.docx 163 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 insurance proceeds to the State Treasurer as unclaimed property. This can… that case is State v. Nationwide Insurance Company."
"Representative Martwick, this is a great Bill. I commend you for your work on the issue and for your thorough answers to my questions today."
"Thank you."
"I… I am… I'm getting out the Oscar for you, Sir. Apparently, Mr. Sandack was not satisfied by that script. So, the Chair recognizes Mr. Sandack."
"No, the script was delightful. I just wanted to ask one final question. I think your… the Amendment took off all the opposition but one?"
"So, that… that is roughly correct. There are two opponents listed as of today in the committee hearing. One is Kemper Life; the other is a subsidiary of Kemper Life."
"Okay."
"And my understanding is that other than those the… the actual… the representative of the insurance industry in Illinois they are no longer opponents of this Bill."
"And is it correct, Representative, that the one or two still opponents slipped in today there is litigation outstanding perhaps that may affect them, which is probably why they're still in opposition?"
"That… that is somewhat correct. The representative for Kemper Life said that they would not testify because of their pending lawsuit, but that they do… it was his statement that they do remain in opposition." 09900141.docx 164 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Thank you. And keep it up. I commend you on your continued work. I know this was tough Bill in the House. Obviously, it got better in the Senate to get everyone together. So, congratulations. Your seatmate’s not that good of an actor though. Thank you."
"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? Andrade. Please take the record. There are 118 voting ‘yes’, 0 voting ‘no’. The House does concur with Senate Amendment #1 to House Bill 4633. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 4658, Representative Nekritz. Please proceed. Representative Nekritz."
"Thank you, Mr. Speaker. House Bill 4658 is the Condo Ombudsman that we rewrote this year. There were two changes made in the… in the Senate. One is to clarify that the educational materials to be produced by the ombudsman are not exempt from FOIA; they are indeed subject to FOIA. And the second issue was that… we had exempted in the underlying Bill… we had said that the ombudsman would not be engaging in dispute resolution over matters that might be before the Illinois Human Rights Commission or might be subject to those… that were those kinds of claims. And the Senate also added the Federal EEOC and federal discrimination claims."
"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 take the record. There are 118 voting ‘yes’, 0 voting ‘no’. And the House concurs in Senate Amendments 1 and 2 to House 09900141.docx 165 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 Bill 4658. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5902, Mr. Guzzardi. Who is out accepting an award I think. Mr. Guzzardi, you're up, Sir. Oh, then we… then we're not going to you. House Bill 5910, Representative Moeller. Please proceed, Representative."
"Thank you, Mr. Speaker, Members of the House. I ask for a Motion to Concur with Senate Floor Amendment #1 to House Bill 5910. This Amendment reduces the number of members on the Illinois Law Enforcement Training Standards Board from 20 to 19 by removing from the special agent in charge of the Springfield Division of the FBI. This was a request by the FBI. And the Amendment comes from the Illinois Association of State’s Attorneys on behalf of the special agent in charge of the Springfield Division of the Office of FBI. The Department of Justice would like this member to be taken off of this board in order to eliminate the chance of liability for the FBI member who would serve on this board. This Bill passed out of committee this afternoon and I know of no opposition and would be happy to take 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? Franks, Tryon. Please take the record. There are 118 voting ‘yes’, 0 voting ‘no’. And the House concurs with Senate Amendment #1 to House Bill 5910. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 5973, Mr. Evans. Please proceed, Sir." 09900141.docx 166 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Thank you, Mr. Speaker and great Members of this Assembly. I would like to concur on Senate Amendment 1 and Senate Amendment 2 to this Bill, House Bill 5973. Do I have to go in order? Can I start with 2? I'll start with 2. Senate Amendment 2 just makes a technical change. It's a drafting error by LRB. The… the bulk of the language in Senate Amendment 2, as committed when this Bill passed with 80 votes, I made a commitment to work on it in the Senate. Opposition was dropped. I'd like to thank Bob from the Governor's Office, Heather Weiner from the Illinois Policy Institute and Sodiqa Williams from the Safer Foundation. We all came together, got an agreement and it flew out of the Senate. And I hope to get your support here in the House."
"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, Members. Acevedo, Bellock. Please take the record. There are 77 voting ‘yes’, 41 voting ‘no’. And the House concurs with Senate Amendments #1 and 2 to House Bill 5973. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 6030, Representative Conroy. Please proceed."
"Thank you, Mr. Speaker. I move to concur with Senate Amendment 1 to House Bill 6030, which provides that any information contained in the Vital Records shall be available at no cost to any pension fund or retirement system under the Illinois Pension Code for administrative purposes. I ask for an 'aye' vote." 09900141.docx 167 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"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? Please take the record. There are 118 voting ‘yes’, 0 voting ‘no’. And the House concurs with Senate Amendment 1 to House Bill 6030. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 6041, Mr. Moffitt. Please proceed, Sir."
"Thank you, Mr. Speaker. Ladies and Gentlemen of the House, I move to concur with Senate Amendment 1 to House Bill 6041. This is just a technical correction and it changes the language in the introduced Bill to correct a grammatical error on line… On page 5 line 25 it currently reads 'if it… if it's shown' and it should read 'if it is shown'. So, we're adding the word 'is'. There are no opponents. It passed the Senate unanimously. Appreciate a 'yes' 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? Skoog. Please take the record. On this question, there are 118 voting ‘yes’, 0 voting ‘no’. And the House concurs with Senate Amendment #1 to House Bill 6041. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 6083, Representative Bryant. Please proceed."
"Thank you, Mr. Speaker and House Members. I move to concur on Senate Amendment #1 on House Bill 6083. There's just one sentence added to this that makes the Bill not retroactive. So, there was a change in the statute of 09900141.docx 168 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 limitations from 3 years to 5 years. And we had some concerns from the other side of the aisle that perhaps this would be retroactive, so we changed that in the Senate. I move for Concurrence."
"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? Burke, Guzzardi, Martwick. Please take the record. There are 118 voting ‘yes’, 0 voting ‘no’. And the House concurs with Senate Amendment #1 to House Bill 6083. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 6123, Mr. Smiddy. Please proceed, Sir."
"Thank you, Mr… Mr. Speaker. House Bill 6123 I'd like to approve Amendments 1 and 2. Basically, Floor Amendment #1 is a shell Amendment and Amendment #2 becomes the Bill. The change in Amendment 2 is for the Public Aid Code and includes the following changes. It's an agreed upon Bill and compromised language negotiated with the MCOs, HFS and… Health Care Council. The Bill establishes various provisions to ensure timely payment of claims so that nursing home residents receive the care that they need. The Bill also creates a web-based portal to improve communications between providers and the departments and… and the MCOs. The Bill also is… more clearly defines the claims process between providers and NCOs requiring the NCOs to provide a status update within 60 days of submission of a claim, setting requirements for communication after the rejection of the claim and requires the department to provide training for the application of standardized codes, coding of claims for long- 09900141.docx 169 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 term care services. There is no opposition to the Bill. HFS is neutral on the agreement. And I ask for an 'aye' vote."
"Mr. Franks."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"So, does this have anything to do with uranium testing anymore?"
"No."
"Okay. Then it's a much better Bill. I just wanted to make sure. It's just… as you described it, it was a gut and replace in dealing with the portals?"
"Yes."
"Okay. 'Cause many of us had voted 'no' on the underlying Bill. I want to make sure this one passes because some people might be checking their votes and saw that they voted 'no' before, but this is now a different Bill. So, thank you."
"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? Bill Mitchell. Please take the record. There are 117 voting ‘yes’, 1 voting ‘no’. And the House concurs with Senate Amendments 1 and 2 to House Bill 6123. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 6125, Mr. Harris. Please proceed, Sir." Harris, G.: "Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I would like to concur with Senate Amendment #1 to House Bill 6125. This is the annual list we do of exemptions to the 100 foot restriction within the Liquor Code. For a variety of Members, the Concurrence sent from the… to us from 09900141.docx 170 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 the Senate was for one establishment for which all the requisite letters of support had not been received. They are now in our possession. I would request 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? Batinick, Davis, Reis, Thapedi. Mr. Clerk, please take the record. There are 61 voting ‘yes’, 54 voting ‘no’, 1 voting 'present'. And the House concurs with Senate Amendment #1 to House Bill 6125. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 6226, Mr. Hoffman. Please proceed, Sir. Mr. Hoffman, please proceed."
"Thank you, Mr. Speaker, Ladies and Gentlemen of the House. I move to concur in Amendment #1 to House Bill 62… 6226. It's a simple concept that would indicate that you would not have to simply follow the Illinois IDOT Highway Code mandates with regard to a highway design. You could also use for local roads the tollway or the city specifications. I ask for a favorable Roll Call."
"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 112 voting ‘yes’, 6 voting ‘no’. And the House concurs with Senate Amendment #1 to House Bill 6226. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 6252, Representative Willis. You may proceed." 09900141.docx 171 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Thank you, Mr. Speaker. I move to concur with Senate Amendment 1. What this does is it allows… the underlying Bill is to allow District 89 to pull out of special ed co-op. The Amendment makes sure that they have the approval of the State Board of Education for continuing special ed services to the students before they are allowed to pull out. I ask for an 'aye' vote, please."
"Mr. Sandack."
"Thank you. Will the Sponsor yield for some questions?"
"Sponsor yields."
"And don't feel like you have to turn over your shoulder, you did.”
“I always do.”
“I was approached by some folks that still say they have some opposition to your Bill. Can you kind of walk through what it does and what it doesn’t do so that a record’s made and we're clear on what we're voting."
"Sure. I'll be happy to. This is actually a unique situation in Cook County. Most other special ed co-ops when a school district wants to pull out they petition to be able to pull out, to be able to continue the special ed services themselves in-house or through a private tuition base. Unfortunately, when they are denied or if they are denied, there is an appeal process that is in place. In Cook County though there is not an appeal process. That is the reason they had to come before us for legislative approval to be able to pull out of this special ed co-op. Currently, District 89 feels that they can utilize their special ed money better by using their… taking care of their students in-house. They 09900141.docx 172 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 currently have approximately 53 students that are in the co- op and they feel that they can take care of those students, most of them very appropriately, in-house. There are 19 of those students though that are very fragile students, that they will be paying tuition to have them in a special ed co- op whether it is PACE or another co-op eventually when that comes through. The reason we had to do this, I told you before, is because we do not have an appeal process in place. I did make sure for those Members that are not familiar, I do come from a school board background. And in fact, I sat on a special ed co-op board. So, I'm very familiar with what the procedures are and why this is very often the best place. But in this situation, it was not to the best use of the District 89. It costs approximately between 40 to 50 thousand dollars per student to keep them enrolled in PACE."
"Kathy, help me out a little bit on the underlying arrangements. Is it… is it an intergovernmental contract that they're in right now, this school district?"
"Pretty much sort of along… when the co-op was put together in the mid-‘50s and so that's how long… this is one of the original co-ops that was put together. It is a co-op between currently six, I believe it's six, school districts that work together on this. I looked that up this morning."
"And what… what are the contractual confines that preclude this school district from being able to withdraw?"
"They have to have the approval of two-thirds of the other districts in order to do it."
"All right. So, I want to make sure we're clear cause if you say, hey, we just need an appeal process or we need 09900141.docx 173 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 legislation to have an appeal process that's understandable. But of course what we're… what we're also really being asked to do is amend the contract so that provides another exit strategy in the event one party feels like it can't convince the others per the contractual requirements?"
"Well, this Bill is specifically only for District 89."
"So, it's only a one top…"
"It is a one…"
"…one stop deal?"
"…time…"
"And it would not be for any other school district?"
"No, it is not doing that. And that is really… there… there is some concern or rumors that this is precedent setting. It is not doing that. This Bill is specifically for one… this one school district in this one co-op. I have offered for those that were concerned about it that I really do feel it's not fair that we have… don't have an appeal process in Cook County."
"That's what I was going to say."
"And I hope to come back next year with… so we never have to do this again."
"Thank you. And I appreciate the Representative's candidness because for all intents and purposes this is special legislation to cure a contractual ill relative to one co-op and per… permit one school district to exit from a relationship because it either can’t or won't work within the confines of the contract. But it's not providing an appeal process for anyone else. So, we may be doing this again if this… if this is deemed an appropriate route for this school 09900141.docx 174 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 district I suspect other school districts will want the same rights which may water down other arrangements if all of a sudden now parties can't live within their contracts, they have an… they have another exit strategy. So, please keep that in mind when you vote. Thank you."
"Mr. Smiddy."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Kind of piggybacking on what the previous speaker said, there is still opposition regarding this piece of legislation from the IFT and the IEA. Could you express what oppositions they have to this piece of legislation?"
"Their concerns are if it would be causing a… their staff to be let go, that is one of their concerns. And if it is precedent setting. I contend that it is not precedent setting. That it does… it is for this one specific school, for this one specific issue. Which I… before I even agreed to take on the Bill, I made sure they went through every proper channel that they had first to be able to pull out. I also think that the Amendment that the Senate put in really does protect the educational value that the students will be having so that we will not have any reduction in their special ed education. The other point of… some of the concerns of the opponents, the IFT and the IEA, the current school superintendent from District 89 stated, if by any reason anybody from the co-op loses their job, he would encourage them to apply to District 89 because they will be looking for more special ed teachers."
"Is there an additional cost to the other schools if this… if this school district were to pull out?" 09900141.docx 175 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Not that we can tell at this point. That's part of the issue that while… there is some concern if the money is actually being used to the best and per each student. So that's some of the concern. But there is no reason that is should increase tuition for other… the other co-op members."
"Because how the co-ops have worked in my area, if one pulls out the money that they put in the other school districts then have to make up that difference. So that's also a concern to me. And I know that the IEA and the IFT are still adamantly opposed to this piece of legislation. So, because of that, I'm not sure that I can support the Bill because we are trying to do something that is special for this one school district. And I think… I think there is a chance that it will be opened up to have other school districts try to do this. And it could hurt other areas in the state if we were to approve this."
"Well, all I can say is that I have made the commitment to the State School Board that I will be working with them so that we don't have to do this again, that we will have an appeal process in place hopefully by the end of next year or next Session."
"Okay. To the Bill, Mr. Speaker. I understand what the Sponsor's trying to do, but at this time I don't think I should… I can support the Bill. And I would ask my colleagues to please not support the Bill as well. Thank you."
"Mr. Pritchard."
"Thank you, Mr. Speaker. Would the Sponsor yield?"
"Sponsor yields." 09900141.docx 176 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Representative, we may be a little bit confused with what's going on here. This school district is in Cook County, rural… or outside the City of Chicago, correct, in Cook County?"
"Correct."
"And is this the only area of the state other than the City of Chicago that doesn't have a Regional Office of Education?"
"You are correct, Sir. It is the only one that does not have an ROE; therefore, it does not have an appeal process in place."
"And that's the normal process that school districts go through is through the Regional Office if they can't get a… an agreement. So, to the concern that this is going to be replicated across the state it would be only if it's in Cook County."
"Correct."
"So, that's why it's important that the Sponsor has indicated she's willing to… to bring a Bill next Session that will deal with that issue and provide a procedure. The only other procedure that this school district has is to file a court case, correct?"
"That is correct, Sir. Which would cost more money that would take money away from educating their students."
"Now, in a school district that decouples some of its members… in a special ed cooperative that decouples some members, obviously, there's going to be fewer students in the cooperative in the school districts that are left in that cooperative." 09900141.docx 177 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Correct, Sir."
"So, to the question of is this going to cost the other school districts more money is dependent upon how many students are left and what they're already contributing. It's kind of an undefined number or do you have a number?"
"I know that when this goes into effect, which will probably be… the… the anticipated effect year will be September of 2017. District 89, which is the district that is pulling out, anticipates that they will be pulling out 22 students at that point. Currently they have 53 students in there, some will be graduating out by 2017 and 19 they feel are fragile students that will need to be paying out of district tuition, most likely to PACE. So, they will keep 19 there paying tuition instead of paying for the whole amount. So, the ultimate is 22 students that we're looking at pulling out."
"So, the impact of the cooperative is not…"
"Minimal."
"…going to be that significant?"
"It would be minimal. There… there's not going to be no impact, but it would be minimal."
"Ladies and Gentlemen, I would urge your support for this Bill. The… the Lady has worked diligently to bring forth a solution to a local problem and has promised to work with preventing this from being an issue again. I would urge your vote."
"Representative Chapa LaVia."
"Thank you, Speaker. To the Bill. There's a couple things I want to reiterate and then add to the conversation. 09900141.docx 178 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 District 89 has tried on two separate occasions to withdraw from PACE and the special education cooperative, which 89 is currently part of. The district is pursuing legislation because they have been unable to withdraw from PACE using existing administrative procedures. Cook County is the only county where all other school districts that are part of the special education co-op can vote down one school district… one school district's ability to withdraw from the same special ed cooperative. There is no appeal process in place only in Cook. District 89 will save approximately $2 million by providing special education services within the district as opposed to remaining as a member in PACE. District 89 already provides special education services to over 700 children within the district. The district has a substantial experience in providing special education services within its own district. There is precedent… ‘cause I heard earlier, there is precedent in Illinois for allowing a school district to withdraw from special ed co-ops using legislation. School District 16 in Sangamon County relied on legislation to withdraw from its co-op in the 1990s. And once again, the Sponsor has said that she is willing to work over the summer with the State Board of Education and other people to come up with a compromise so other schools don't have to go through this same litigation… this same legislation… legislative process. And I really want to thank Representative Willis, she's worked very hard on this. This is a Bill that I tried to pass quite a few years ago. And I… I'm fully supportive of this Bill and I hope that you could be too. Thank you."
"Mr. Davis." 09900141.docx 179 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 Davis, W.: "Thank you, Mr. Speaker. The Sponsor yield?"
"Sponsor yields." Davis, W.: "Representative, I don't profess to be an expert in cooperatives, but I have one out in the south suburbs in my area. A way for districts to consolidate, to save money and provide, you know, outstanding services to students that fit into this category. So, you want to withdraw from the area cooperative presuming that it will save the district more money. Now, how does… how does what you're suggesting to do play into if there's a need for an out-of-state placement for a student? Because as I have come to understand those placements cost a district a significant amount of resources in order to make those kind of out-of-state placements. So, when you say you're going to save money, can you say that with 100 percent certainty based on some of those kinds of factors?"
"Yes, I can. They will be saving approximately… currently as Representative… my fellow Representative told you, they already are doing special ed services for over 700 students in-house. There will be a few students that will be continued to be served either by PACE or another source. They will be paying tuition for those students because they are fragile beyond the ability of what they can do. Nineteen students will not be taking up $2.1 million worth of services. And they have built that into what they expect the cost to serve those students and that is part of the Concurrence Amendment to make sure that we are giving the utmost service to those students. It has to be approved by the State Board of Education before this final breaking apart from the co-op is 09900141.docx 180 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 allowed. So, it does have to get the stamp of approval by the State Board of Education that there is a continuing ed plan to make sure of that." Davis, W.: "But if I heard you correctly, you said that the district currently is serving the needs of special education children?"
"They are currently serving 700 students, but there are 53… because they are still… they were in the contract with the co-op that the co-op was taking a portion, you know, money whether they had the students there or not, they kept 53 students there. As I told one of my fellow Representatives, by the time this goes into place there will be 19 students that will still need special ed services beyond what they can do in-house. And 22 of those students will actually be moved back into… with those other 700 in-house with special ed services." Davis, W.: "Okay. So…"
"And then there's another small amount that'll be graduating out off to the high school." Davis, W.: "Okay. So, you don't… but you don't anticipate any… any out-of-state placements or anything like that with these young people, do you?"
"No, I do not." Davis, W.: "Okay. Thank you."
"Thank you.”
"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. Gabel, Mitchell, Thapedi, Welch, Zalewski. 09900141.docx 181 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 Mr. Clerk, please take the record. There are 80 voting ‘yes’, 35 voting ‘no’, 2 voting ‘present’. And the House concurs in Senate Amendment #1 to House Bill 20… excuse me… House Bill 6252. And this Bill, having received the Constitutional Majority, is hereby declared passed. House Bill 6298, Representative Tabares. Please proceed. Out of the record. House Bill 6298, Representative Nekritz. Now the Chair has it straight. Please proceed, Representative."
"Thank you, Mr. Speaker. I… I appreciate that. So, House Bill 6298 does two things for the Chicago Teachers Pension Fund. One is it provides them subpoena authority, which is something that a number of the other pension systems have. If there's a dispute with an annuitant about the… what the benefit should be or whether they're entitled to a benefit this allows the pension system to get the documentation and the information they need in order to be able to… to make the best determination about that. The second thing that this Bill does is to allow an additional number of hours for driver's educat… retired driver's education teachers to come back to work. My… it is my understanding that there is a shortage of driver's education teachers in the City of Chicago and that they are desperate for these kinds of… this type of staff. And so, that… that we would want to allow some additional time for them to return to work. One thing that is not changed under this is that there is… there is currently a cap on the amount of earnings that a driver's ed teacher can earn in a return to work situation, that cap does not change under this… under this legislation."
"Representative Ives." 09900141.docx 182 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Thanks, Mr. Speaker. To the Bill. So, we agree that the subpoena power is an important function of this Bill, however, the increased amount of hours that retired teachers can work even as driver's ed teacher is just not what retirement’s about. That's not what we should be doing. In fact, we should be getting rid of the driver's ed mandate on schools. Driving is a privilege for these teenagers, not a right. And it's something that should be funded by themselves or their parents. Taxpayers should not be paying for this in any way. And when Chicago Public School Systems… if they would ever finally figure out that they have a billion dollar budget hole and that providing driver's education is not a priority when your kids can't read and they can't do math, then maybe… maybe we'll start to get somewhere. So, this is not a Bill that I would recommend anybody vote for. Thank you."
"Representative Flowers."
"I'm sorry, Mr. Speaker. I did not… Representative Nekritz, I did not hear the second explanation of the Bill, please?"
"The… the entire Bill or the second part of the Bill?"
"The… the second part of the Bill, please."
"It is my understanding that there is a shortage of driver's education teachers… certified teachers in the city. And so, this would allow those that are already retired some additional hours with which to come back and teach. Now, there is currently in law a salary cap as to the amount that a driver's education return… education teacher returning to work can earn, we do not change that cap." 09900141.docx 183 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Just out of curiosity, why is there a shortage? Why is it… I mean, driver's ed?"
"Well, it's an interesting question. It's a good question. I don't have a lot of detail on that. There was… nobody from CPS was in committee when the Bill was presented. But the Chicago Teachers Pension Fund representative did indicate that they had been provided some data by CPS that would support their assertion that there is a shortage of driver's education teachers."
"Well, I just… again, I'm going to support your Bill, but I just really cannot imagine that so many qualified people out there that can teach driver's ed and that CPS cannot find any… I mean, driver's ed. I just don't understand that, but…"
"Well, I… I don't have any more information for you than that. But… but that's what I… that's why… that's why I'm clear to say that's what I've been given to understand."
"And so, that means that the retired teacher is collecting a pension and then they will be able to collect more of a pension. And so…"
"That… that's… no, no, not more of a pension, but they can earn additional salary while they're still collecting their pension. If they're collecting their pension, they cannot continue to pay into the pension system and then ultimately collect a greater pension. That… they can't… they can't…"
"So, but will they be working… will they be able to get into a second pension as a result of this?"
"No, No. Not while they're drawing the pension, but they can continue to work and collect that salary." 09900141.docx 184 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"And not at a lesser pay?"
"Correct. That's… I… well, I don't honestly know, but my anticipation would be no not at lesser pay."
"I really would like… I just find this very interesting. Thank you very much."
"Thank you.”
"Mr. Pritchard."
"Thank you, Mr. Speaker. Would the Sponsor yield?"
"Sponsor yields."
"Representative, I think you have two Amendments here that one of them sounds reasonable, but the second one of allowing teachers to return to work and still collect their pension is troubling. Why… you… you mentioned that the reason that this has been added is because there's a shortage of driver's ed teachers. Is that correct?"
"That's what I'm given to understand, yes."
"Have they considered perhaps using some of the driving schools or other means of educating students?"
"I don't have any information on that. As I indicated, the Chicago Public Schools that would have that data was not in committee to provide that testimony."
"Would your Bill also remove the cap on the… the salary that they could earn while working?"
"No, it does not."
"So, it would still be not to exceed 30 thousand?"
"That's correct."
"Do you have any idea how many days this teacher would be working?" 09900141.docx 185 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"So, it… unlike some other… unlike under TRS where we do set a number of days that a teacher can return to work, this sets a number of hours. And the… and this goes from 100 days to 900 hours."
"Okay. So, you're, what, increasing about 25 percent or thereabouts?"
"No, I think it would be less. I mean, if… I don't know… I don't know how… you know how many hours. If it's an 8-hour day and it's 100 days, that's 800 hours."
"Well, it wouldn't be an 8-hour day. It's probably a 7-or a 6-hour day."
"Okay, so."
"That's what I was getting at."
"Okay. Then I… then I won't argue with your math."
"So, it… it just seems that it's been brought up in previous discussions we… we have pension problems and… and yet, we're taking a job away from someone else. And I think there could be other people that would… could be employed if the district was perhaps creative in where they're looking. And… and not change this particular rule. Unfortunately, I would ask the Body to vote against these concurring Senate Amendments."
"Mr. Morrison."
"Thank you, Mr. Speaker. To the Bill. There have been some good comments on our side of the aisle. I would just like to bring up a couple other things that came up in committee. Number 1, to raise this threshold up to 900 hours, if a teacher is teaching a couple of classes, going out on the road a couple of times that could easily cover the entire 09900141.docx 186 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 school year. And so, the question is, are individuals actually retired or not? You know, as Representative Pritchard just mentioned we have some serious pension issues in the State of Illinois, questions about whether or not we should raise the retirement age. If there are a significant number of people who will gladly come back and teach, we should definitely raise the retirement age. Also outsourcing, there are plenty of driving schools within the City of Chicago. And CPS with its financial problems should be looking at that. So, I would just ask the Body to vote 'no'. Thank you."
"Mr. Davidsmeyer."
"Thank you, Mr. Speaker. Question of the Sponsor?"
"Sponsor yields."
"I actually had a Bill similar to this that would… you know, the ultimate goal is to preserve the program, to preserve the education for driver's education. Is that correct?"
"That's my understanding, yes."
"Okay. I… I had a similar thing for areas like mine where sometimes we have a lacking of… of shop teachers and things of that sort for… for important programs. And this is just to allow them to continue to teach until we can find the… the right amount of teachers to… to continue on the program, correct?"
"That… that would be the intention, yes."
"Okay. I've got a similar Bill that I'm… I'm going to file I'm sure next year again. If you'd like to work with me on that, I'd be happy to work with you."
"I'd be happy to." 09900141.docx 187 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"And I'm happy to support your Bill."
"There's also been Senate Bill 235, I believe that… that one of you… has been filed by a Member… a Leader on your side of the aisle that addresses a very similar kind of issue."
"Great. Great. Thank you very much."
“Thank you.”
"Representative Nekritz to close."
"So, I just want to clarify two things. One, this would have no impact on the Chicago Teachers Pension Fund whatsoever, as I think one of the previous speakers might have stated. And to an earlier question, there are 725 hours in the… that are currently allowed under the return to work… oh, in the school year… there are 725 hours in the school year. And so, this would add a total of 125 to that… the amount that's currently authorized to… to be worked by the driver's ed teachers. I would ask for your support."
"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 take the record. There are 85 voting ‘yes’, 33 voting ‘no’. And the House concurs in Senate Amendment #1 to House Bill 6298. And this Bill, having received the Constitutional Majority, is hereby declared passed. On page 6 of the Calendar appears Senate Bill 206, Mr. Phelps. Mr. Clerk, please read the Bill."
"Senate Bill 206, a Bill for an Act concerning criminal law. This Bill was read a second time a previous day. No Committee Amendments. Floor Amendment #2, offered by Representative Phelps, has been approved for consideration." 09900141.docx 188 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Mr. Phelps on the Amendment."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I'd like to adopt Floor Amendment #2 and debate this on Third, please."
"Those in favor of the Amendment say 'yes'; opposed 'no'. The 'ayes' have it. And the Amendment is adopted. Mr. Clerk."
"No further Amendments. No Motions are filed."
"Third Reading. Please read the Bill."
"Senate Bill 206, a Bill for an Act concerning criminal law. Third Reading of this Senate Bill."
"Mr. Phelps."
"Thank you, Mr. Speaker. And Ladies and Gentlemen of the House, Senate Bill 206 is more or less legalizing suppressors. Forty-two other states have done this. There's about 3 states that are waiting for the Governor's signature. All we're trying to do with this Bill is allow the hunter, the sportsman, the average avid shooter to be able to not have hearing loss because as for me, for example, I have been hunting all my life; it's a passion for me. A lot of people know that. I actually… absolutely have hearing loss and probably going to have to have hearing aids in the next two or three years. But we're just trying to make the shooting experience safer for the average shooter and for the hunter. And I just ask for an 'aye' vote."
"Mr. Sullivan."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." 09900141.docx 189 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Representative, when you think of suppressors you think of some other things related to handguns. Does handguns any part of this Bill?"
"Yes, there is. We… we had an agreement to allow the… a lot of people like to go to the range and for the concealed carry, it's easier to teach gun safety and how to shoot when you have suppressors. So, the only time you can use this with a handgun is to take it to the range only. And for the long guns, Representative Sullivan, it's for hunting and for the range as well."
"Right. Thank you, Brandon. To the Bill. Ladies and Gentlemen, under this Bill you're not going to have people carrying suppressors around. You're going to have people hunting and in the areas where I live, what we've had is we've had gun clubs that have been there for many, many, many, many years and then in the suburbs we have houses that have gone up next to them. I can't tell you how many times I have had calls to say, you have to shut that gun club down ‘cause they're shooting on a Friday night and I, you know, I can't put my kid to bed or whichever. Well, this will solve that problem. Because these members that will be at these ranges will want these suppressors to help with their hearing. Because this is a critical issue for law enforcement, for hunters, for target practice folks. Right now, we have our Illinois National Guard Shooting Team and then… are advocating for this Bill because of what it does to their hearing. So, let's talk about what we really should be focusing on and that's hearing; that's allowing people to 09900141.docx 190 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 hunt without having all these problems. I certainly urge an 'aye' vote."
"Mr. Sims."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative, under what circumstances can a suppressor be used currently?"
"You can't. It's military, you can do that right now and if you have an FFL license you can do that as well. But, it's… right now, there's no legalization of any suppressor whatsoever. You can't… I mean, it's totally against the law."
"So, currently, they're only allowed for law enforcement?"
"Law enforcement, military."
"And military?"
"Correct."
"Correct. But, under this Bill they will be allowed for hunting purposes?"
"Yeah. And Representative Sims… and I appreciate your time and effort with the committee. And I know there's a lot of problems that some of the committee members had with this. But Representative Sims, you're… you're a very smart man. This is going to be very complicated to get. It's so heavily, federally regulated, it is very hard to get. You have background check after background check. You have to pay a $200 tax for each suppressor that you try to get. You have to go through the ATF. I mean, it's so heavily regulated. It's… it's going to be tough for a law-abiding gun owner to even get one." 09900141.docx 191 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"But… and… and Representative, that's kind of the point I want to bring up. So, what's the process for obtaining the suppressor now? How can you… how can someone obtain a suppressor in one of the other states?"
"Well, if you're a Federal Firearms Licensee you can get this… you can… you can get it through an ownership, but I mean, you have to go through the ATF. You got to go through numerous background checks and you got to pay a $200 tax. So, it's tough to get and everybody's going to have to follow that law."
"So, the… the… the number… the number for the person who has a suppressor, does it go to the person or does it go to the suppressor?"
"It goes… there's a number on the suppressor, but that goes to you, the person. So, that's like your little baby. I mean, it's… that's yours. And you got to be very careful with it ‘cause you can't even loan it to somebody, Representative Sims."
"So, the… you know, I'm glad you brought that up. So, if you… if you have a suppressor and you then loan that suppressor to someone else, what happens?"
"Well, you can't."
"But what… but what happens?"
"Well, I mean, we put it in there 'cause the Cook County State’s Attorney wanted a Class 3 felony."
"Okay. So, if you… if your… if you have one of these suppressors and you're out hunting, right?"
"Yes?" 09900141.docx 192 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Then you're not able to hear the shot… the shots fired from other… other hunters?"
"No, not…"
"It will be…"
"…no…"
"…they will be less likely to hear them as well?"
"That’s not true. Remember, this does not silence anything. There's… I've shot them before. There wasn't anything… at the Sportsman Caucus… the National Sportsman Caucus, I'm Vice President, so I've got to see this. And Knox Williams of the American Suppressor Association brought them down and we had like a little training deal that he did. But you can still hear. You can still hear the gun. I mean, it just cuts it down about 20 or 30 decibels to be honest with you."
"Okay. Well Representative, again, I… I thank you for answering my questions. I’m a little concerned and I… I brought these concerns up before the Judiciary-Criminal Committee. I think that… I know you're working hard on this issue and this matter. I think we need to have a little more time to work through these issues and talk through them. So, I… I would urge Members not to… not to do this now. The… there are, you said, 39 states that do have them."
"Forty-two."
"Forty-two states. But those states that don't… that don't have them or don't allow them are states like California, states like New York. Those… those states who have demographics similar to… similar to Illinois. So, I… I think, you know, again, I appreciate the thought to have… to put 09900141.docx 193 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 these in place, but I think we need to… we need to take our time and not pass this at this time."
"And… and Representative Sims, I understand that. But all the surrounding states around us have it. You know, it was kind of an embarrassment we were the last state to do concealed carry and a lot of people thought when we get conceal carry it was going to be the wild west and we were going to go shoot each other. .001 percent of the concealed carry licensee… licenses have been revoked.”
“Well, I…”
“.001 and that's it."
"And Representative Phelps, I'd argue that that just meant we were… we got it right longest. So with that, I… I'd appreciate… appreciate… appreciate all your comments, Representative. Again, I… I think that while Members are taking this under consideration, this is a public safety issue. And while these… these… the intent and I know the Sponsor's intent and I know… I know the industry's intent. But inevitably, these are going to find their way into the hands of the wrong people. And I think that's… that's what we have to be cognizant of. We have to be cognizant of the fact that there are individuals who are while your intent is good and the intent of others is good, we make… we have to make sure that we are doing things appropriately and we are protecting public safety. So, I would urge Members to vote 'no'."
"Mr. Costello."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." 09900141.docx 194 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"A few of these comments may be redundant, but I think it's important for everyone to know and also some of this is for legislative intent. So, Brandon, this allows hunters to use suppressors in the field. So, can you tell me what types as far as the restrictions there are on guns that can be used in the field with suppressors?"
"It's long guns only for hunting, rifle and shotgun, Representative Costello. Respect to suppressors for use with handguns you can only take them to the range, that's it. You can't legally hunt with a handgun and a suppressor. And the law was drafted to make clear the use of suppressor on a handgun; it's legal at shooting ranges only. It allows lawful suppressor owners to transport their suppressors and handguns to and from the range and that's it."
"And so, I think everyone in the chamber here has probably seen these in movies and… and many people have referred to them as silencers. At the end of the day, the fact is that really what this does is it suppresses the noise about 25 percent. And can… can you explain that to us a little bit?"
"Well, I mean, we're talking Hollywood. And of course, everything… that's make believe as we all know, but a silencer it does not silence anything. It just… by using a suppressor it's like a muffler on a car. It brings the shot down from 20 to 35 decibels. Let's see, for firearms, professional trapping, expanding gases, muzzles… Just like I said, it's like a muffler on a car, Representative Costello."
"And I would agree. And again, you would still hear about 75 percent of the sound made, but this helps hunters, 09900141.docx 195 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 people shooting, so they don't have hearing impairment hopefully in the future. Two other questions real quick. Again, how many states have suppressors where it's legal to own and use a suppressor?"
"Yeah. With… under the National Firearms Act of 1934, since then there's been 42 states that allow this. And you know, there's… there's also a wait on these, too, Representative Costello. It takes around 9 months for the ATF to get this back. So I mean, I know a Representative a while ago said, you know, maybe we can have some time. Well, you got 9 months before you can even own one of them. So, it's going to take a while. But… also the other speaker said something about a public safety. They're already being used as you know, Representative Costello, 'cause you're a shooter and you used to be military and also in law enforcement, a lot of the criminals are using them with oil filters. They're making suppressors with oil filters. So, this… this is just… you know, a law abiding gun owner’s going to get this. Like I said, it's heavily regulated. And as far as public safety, not one law enforcement group is opposed to this Bill that we have heard from, not one."
"So, I… I think that's very important. The federal regulation, you know, at the end of the day, again, explain the federal regulation because this involves fingerprints as well, correct?"
"Fingerprints. You got to buy… pay a $200 tax. You have to go through numerous background checks. You have to be fingerprinted. I mean, this is really heavily, federally 09900141.docx 196 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 regulated. It's going to be tough for the average person to get it, but we just wanted to give them that option."
"So, one of the things we often hear about guns and people talk about they talk about gun shows. And they would say how easy it is to maybe get a gun at a gun show. Can you tell us a little bit about private sales as far as someone privately trying to sell a suppressor?"
"If I had a suppressor, Representative Costello, I couldn't even let you use it unless I was physically with you. So, you got to… I mean, this is… this is your baby. You don't want to have a Class 3 felony, so you've got to… you got to know what you're doing with this."
"And lastly, as far as suppressors being used in crimes. As you said earlier, any criminal can take an oil filter from a car and… and make a suppressor in literally probably a few minutes. So, I mean, what we're really talking about is legal gun owners. As we know, the criminals can… can make a suppressor out of an oil can in a couple of minutes. They're not going to through the 6-month waiting period. They're not going to pay the $200 fee to purchase one legally. We're talking about… this affects legal gun owners. Brandon, can you tell us about suppressors being used in crimes, what those rates are?"
"Well, real quick, too, not only that with the $200 tax, but they're so expensive. I mean, you're talking anywhere from 800 to a thousand dollars a piece. So, you're right. A lot of people are not going to be able to afford them. But, when it comes to law enforcement, when a suppressor has been used in crimes, I'm going to yield my time in a minute to 09900141.docx 197 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 Representative Cabello and Representative Anthony because they were on the front line just like you were. And I don't think… they'll tell you more about that and I'll let you hear it from them."
"Thank you for your comments."
"Thank you."
"Mr. Davis." Davis, W.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." Davis, W.: "Representative, I have the… probably the same sheet that you're reading from that was passed out by the lobbyist supporting this. And he talks about all of the things that someone must do to own. Is this more difficult to get than a gun?"
"Yes. Yes." Davis, W.: "Don't you think…"
"To be honest with you, yes." Davis, W.: "…don't you think that's problematic?"
"No. I mean, I don't ‘cause it's an attachment to the gun. Because you know, that… that's the thing about it. We just want to get the… only, Representative Davis, this is only law-abiding gun owners going to be able to do this. I mean, you've got to go through numerous… just like concealed carry. Everybody, as you know… not saying you did it, but a lot of people said that it was going to be the Wild West, everybody was going to shoot. But this law-abiding gun owners only .001 percent have been revoked. So, I… I think that says a lot." 09900141.docx 198 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 Davis, W.: "Well, you… you talk a lot about hunting. So, let me… let me focus on that just for a minute. So, what stops someone from using this, a law-abiding citizen like you speak to, what stops this from using this for something other than hunting?"
"I don't know what that would be as far as just hunting or shooting range, Representative Davis. I don't know… I don't know where you're getting at, I guess." Davis, W.: "Well… well, I mean, I've heard…"
"It's a Class 3 felony. So, I don't think they'd want to do that." Davis, W.: "Well, no. But I've heard some of your speakers specifically talk about hunting. And so, I'm just trying to understand what in your Bill says that it's only used for hunting?"
"When we put in the provisions about the offenses, that's what we just mainly did. It was focused on the hunting and hunting only. So, we're not… we're not allowing anybody else to do anything. It's basically for just shooting range and hunting. And the reason why we did the shooting range, Representative Davis, the reason why we did that is because we wanted to be able to sight in your gun with the suppressors. So, you don't want to go out there and hunt and wound an animal. I mean that's not humane. I know hunting, some people don't think it's humane either, but we care about where we shoot the animal. And we would want to be able to sight that gun in." Davis, W.: "Okay. I don't… I don't disagree with you. So, if I purchase a silencer and I'm driving in my car and I get 09900141.docx 199 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 stopped and for whatever reason law enforcement decides they want to search my car and they find a suppressor, what happens?"
"It… it… well, first of all, that suppressor is with you ‘cause they look at the number. So, it's registered with the ATF. So, they would probably make just one check… one call and see if it's… if that's yours or not." Davis, W.: "So, you feel that law enforcement will take the time to check to make sure the suppressor is mine?"
"Well, I… and I don't know that, Representative Davis, 'cause I'm not in law enforcement. I'd probably have to yield my time to Representative Anthony or Cabello since they're been through this." Davis, W.: "Well, they are model law enforcement, so I'm sure they will check. But not sure about everybody else though. Not sure about that. I mean, I… I think the challenge is because, again, when you talk about this specifically for hunting, so does that mean that the suppressors that we… that will be sold are only for long rifles. I think that's the term that you used? So, we're not selling these for handguns…"
"We are." Davis, W.: "…or anything like that?"
"We are, but you can only use the handgun suppressor only at a shooting range only." Davis, W.: "Okay. So… so, when you talk about the hunting argument that kind of goes a little different than the hunting argument because now, under your Bill, if you own a handgun and there is a suppressor built for a handgun, you can purchase it for your handgun." 09900141.docx 200 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Yeah. If… yes. And only being able to use it at a shooting range only." Davis, W.: "Only to be used… supposedly used at a shooting range, but I… I guess we're trying to dispel this hunting myth. And I… and I think I would just prefer just a dialogue that, yeah, yeah, maybe some people will use these for hunting, but it's not just for what we associate hunting with because we associate hunting generally with rifles of some sort. But handguns… this will allow for the purchase of suppressors for handguns, too, correct?"
"Yes." Davis, W.: "Okay. Earlier one of the previous speakers said that I cannot… if I purchase one, I cannot loan my suppressor to someone else. Is that correct?"
"You can let them shoot it, but you have to be right there with them. So, no, you cannot… it's totally illegal to even give you that unless you're there with that person." Davis, W.: "Okay. So, let's say I give my suppressor to someone who goes to a shooting range. Will the shooting range verify that that person is the owner of the suppressor before they shoot?"
"I… Representative Davis, I don't know that ‘cause I don't own a shooting range. I've been to them, but I don't know. Since this is new to Illinois, I don't know the answer to that question." Davis, W.: "Okay. Well, I mean, if you're talking about the strictness of what you're suggesting, I think I've just told you that what you're suggesting is not as strict as it could be, correct?" 09900141.docx 201 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Well, it's… Representative, I… it's strict. I mean, it's very difficult to get one of these. I mean, and even with the registry that there is, the State Police, if you got pulled over, like you said, the State Police will have access to that as well." Davis, W.: "Okay. So…"
"And you should have that right with it at all times. Usually, it's like a… you get a certificate and it would be like your FOID card, Representative Davis. So, you should… you should have that information with you." Davis, W.: "I'm not disagreeing, you should have it with you, but again, you said you can loan them. If somebody does, I'm just…"
"You can't." Davis, W.: "…wanting to find out if somebody will check to make sure it belongs to the person who is using it at a gun range?"
"Yeah. And… and I'm… I'm sure that some of the rightful owners or the gun shop owner who will probably want to do that as well if they bring them in. But I… you know, since it's new to Illinois, I don't what would… the answer to that would be on the… I'm not an owner of a gun range." Davis, W.: "Okay. And… and I think some of us have tried not to take this conversation to… to generally where we take conversations about guns because of the violence that exists in… in communities. But as sad as it sounds, one of the protections that individuals have if someone is in the community shooting is the gun shot itself. And they react to it and they react in a way that encourages them to get down 09900141.docx 202 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 on the ground, to run for cover. So, exactly how does a suppressor… how does it impact something like this?"
"It just brings down the decibels to 20 to 35 point down. So, that's it. You can still hear it. I mean, it's loud, Representative, it's really loud. But it suppresses the noise. Therefore, it's called a suppressor. It's just like a muffler on a car." Davis, W.: "So, it suppresses that noise. So again, if someone shoots a gun in a community and uses a suppressor…"
"You can hear it. You can hear it." Davis, W.: "…I'm not saying you can't hear it, but if it's lowering the decibels, you know, and you're a distance away… and I would probably have to ask my colleague Al Riley to give us the statistical analysis of it… but sound diminishes the further you are away from someone by definition. So, if someone is in the community shooting, they may hear something but because it's not as loud, they may not think it's a gunshot; therefore, they may not react."
"Representative Davis, it's hard to… I mean, we could… we could go through a different… a lot of things on this. I mean, but trust me, you can hear this. I… I don't… on your argument and in all due respect, I don’t… we're just hypothetical… we can hypothetical this to death, but it… you can definitely hear it." Davis, W.: "I know you have trouble sometimes when we talk about gun issues and you feel like we are overreaching, that we are being too sensitive, you know, that we should respect gun owners, hunters like yourself and others in the chamber, you know, when you want to do things. And you say, well, you know 09900141.docx 203 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 this is what we want to do. It's only… it's… it's not meant for anything else. Well, you know, well, violence is not meant for anyone else necessarily, but it's just a byproduct of doing things. And I… I just wonder if using suppressors, you know, may give criminals… because now when we make them legal they're going to be more readily available. People are going to buy them. Then when people's houses get broken into and their weapons are stolen… I mean, I think it just opens up the door. So… so, while I'm not going to say 'no' necessarily, but what I would say is maybe we should take a couple steps back and really review what could be all the pitfalls in what you're suggesting. Maybe redefine some things, put some things in place. And then come back with something that I think all of us can feel comfortable with or most of us anyway can feel comfortable with to allow hunters like yourself and others in the room, since we've heard the hunting reference several times here, would say, okay, for you hunters it's great. We understand and we really don't feel like it's going to spill over into some of the challenges that we have in our communities. I mean, how… how can we get there with you?"
"Representative, this… we're not recreating the wheel whatsoever. I mean, we're one of the last states. This has been done for years and years and years in other states. It's nothing new. It's new to Illinois, but it's not new to the country. Just like when we were the last ones with concealed carry, we're almost the last ones with suppressors. I trust our law-abiding gun owners. There are criminals already using suppressors; they're making them out of oil filters." 09900141.docx 204 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 Davis, W.: "Thank you. And I'm not challenging law-abiding gun owners, you know. As you probably know, remember…"
"That's all I'm advocating for, Representative, so." Davis, W.: "…I supported… I supported concealed carry, you know. And I've not gotten that blowback in my communities that maybe some have or some might thought. You know, I've even met with concealed carry owners in my district. They have a monthly meeting in one of my communities that I went to. And we talked and you know, I can appreciate what they want to do and… and things of that nature. But it seems like now we're getting to the point where, you know, when you start adding, you know… you know, suppressors at some point they're going to want to have bigger clips. I mean, at some point it just seems like enough is enough; you know, let things be as they may. I would like to think hunters have had success hunting without suppressors. And why we need to be the 40th state, according to our Chief Counsel here, to do this, I'm… I would say I'm a little concerned about. And so, I would ask you to, you know, see about ways to… to make this even a little tighter, if you will. But I mean, if you feel like it is tight enough certainly you know that is… that is your… your choice. But I… I think for someone like myself to help bring me along with something like this I would… I would prefer that it be a little bit tighter than even what you're suggesting."
"Well, I appreciate that, Representative. And…" Davis, W.: "Thank you very much, Mr. Speaker."
"…it's been since 1934. So I mean, I… we've never had any problems with these across the country." 09900141.docx 205 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Ladies and Gentlemen, it's May 31. There are still 7 speakers who wish to speak on this Bill. And I'm not trying to be funny 'cause I know it's a serious Bill, but I think we should try to suppress some of our comments. Chair recognizes Representative Williams."
"On… on that note, Mr. Speaker, I'll be brief. I think we need to look at the language a little bit here. And I think it goes beyond semantics. In 19… in 2011, an organization was started called the American Silencer Association and somehow magically between then and now it's become the American Suppressor Association. And I think that's relevant and something to keep in mind as we discuss this today. I also note that one of the manufacturers… if you do a little Googling on silencers, you can look up some of the manufacturers of these devices and look at what their ads state. For example, the Advanced Armament Corporation notes and I quote, silencers eliminate muzzle flash that could interfere with the effectiveness of night vision equipment. That doesn't sound like it has anything to do with hearing. The ad also declares that silencers minimize recoil and enable quote, more accurate and rapid follow-up shots. The American Silencer Association, at the time that's what it was called, adds that one of the key benefits to the silencers ability to disguise the position of the shooter in no light environment. That's what we're talking about. That's what the manufacturers are advertising these devices. The Sponsor noted that these guns, especially the ones pertaining… that would apply and be utilized on handguns, will be limited to use on… at a gun range. That's fine, but we all know that 09900141.docx 206 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 legal guns sometimes end up in the wrong hands as one of my colleagues noted earlier. I actually, when preparing for the… to discuss this Bill, I looked up the stats on the most recent shootings in Chicago. But unfortunately, there's been so many more in the past 24 hours I'm not up to date on that. I'm going to be voting 'no'."
"Mr. Anthony."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Brandon, are there any law enforcement opposed to this legislation?"
"Not… not a single one."
"Is the Illinois State’s Attorney opposed to this legislation?"
"They are not opposed."
"Is the Attorney General opposed to this legislation?"
"They have never said one thing to us."
"All right. To the Bill. Since 1995… there was a 10-year study performed by Western Criminology Review. From 1997 to 2007, there were 30 to 40 cases where the suppressors were involved. Out of 75 thousand cases, that's 75 thousand. News flash. If an individual will spend thousands of dollars to purchase a suppressor, send their prints to the FBI, then go out and shoot somebody, that's ludicrous, ludicrous. I don't know about Chicago, but where I policed, during hunting season we received hundreds of calls… hundreds of calls about hunting complaints. And most of the time… there's a… there's a saying in police terminology when we… when we respond to a call, 09900141.docx 207 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 we'll take the call and we'll immediately go 10-8. That means the end of the call because it was unfounded. Vote 'aye'."
"Mr. Ford."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"First, I want to congratulate the Sponsor because everyone needs an advocate and someone to stand up for what they believe in. I just have a question about the silencers. In the City of Chicago and other places, they have the detectors in the air where the police could detect whether or not a gunshot has been fired. Will that still be detectable with the silencer?"
"Oh, absolutely."
"So, it would still pick up on the… on the detector?"
"Remember, this just muffles only 25 percent of the sound. I mean, you… they're loud. They're still loud. So, yeah, absolutely."
"So, to the Bill. As I congratulated…"
"And Representative, law enforcement didn't bring up one concern during this whole… putting this Bill together. Not one law enforcer… law enforcement."
"To the Bill. You know, I think that if this was used for its full intent, it's a good Bill and silencers would be good. But everyone must understand that just like the Sponsor he's advocating for those that believe that they should enjoy the right to have it. And I believe that the people that believe that they should have the right to have them and intend to use them properly should have them. But he also must understand that I come from an area and many of us come from 09900141.docx 208 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 areas where this is not something that we can accept. And it may be… do damage to us in our communities. Just like the previous speaker, Will Davis, spoke about, many people drop and when they hear gunshots in their neighborhood. So, I think that it is most appropriate for me to vote 'no', but congratulate you for advocating for the Second Amendment and all the people that you represent."
"Mr. Beiser."
"Thank you, Mr. Speaker. To the Bill. I rise in support of this Bill. And for a different reason other than I know much of the… this talk revolves around hunting. But I'm very fortunate in my district to have a sportsman's club that's called the Alton Wood River Sportsman's Club that has a unique youth sporting clay program that aims its focus on those youth that would be interest… interested in this type of activity, but may not be able to afford it because of their economic background. And we have a very strong program in place that allows these young men and young women to participate that would not otherwise be able to do so. So, by adding this provision, I think it's improving the overall health of these young men and women and long-term because of the reduction in decibels as has been previously mentioned. So, I just want to mention that it's not just hunters. It's young men and women that normally would not be able to be… be able to participate in this type of activity. And I think it's a good point that it protects their long-term health. Thank you very much."
"Mr. Cabello."
"Thank you, Mr. Speaker. To the Bill. Ladies and Gentlemen, I can tell you in 20 years I have not seen one 09900141.docx 209 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 crime that has been committed with this type of device. I can tell you that in recent memory I can't think of one crime that was done with this device. Our communities have some… some major challenges. I believe that when we look at this it's not going to do anything but actually help people. Especially when they're out hunting and when they're at the gun range it's… it… we need to make sure that people are safe. This will actually help with that. I can tell you that the criminals do not want this. The criminals will not use this type of a device because they are cowards. Okay? They are cowards. What they want is they want to make sure and scare people away from what is going on. They don't want witnesses. They don't want people to see. So, the noise will actually scare people away. We create laws for law-abiding citizens; the criminals will never follow them anyways. I would respectfully ask for an 'aye' vote."
"Mr. Phelps to close."
"Thank you, Mr. Speaker and Ladies and Gentlemen of the House. I know we all know how we're going to vote. Everybody thinks this is a controversial Bill. If it was so controversial, I think a lot of law enforcement groups would be a 'no'. Not one had been brought up. This is long overdue. Forty-two other states do it. Let's… let's help out law- abiding gun owners. Vote 'aye'."
"Those in favor of the Gentleman's Bill will vote ‘yes’; opposed ‘no’. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Please record yourselves. Mr. Clerk, please take the record. On this question, there are 69 voting ‘yes’, 46 voting ‘no’. And this 09900141.docx 210 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 Bill, having received the Constitutional Majority, is hereby declared passed. On page 9 of the Calendar, under the Order of Senate Bills-Second Reading, appears Senate Bill 3319, Leader Currie. Mr. Clerk, please read the Bill."
"Senate Bill 3319, a Bill for an Act concerning education. This Bill was read a second time a previous day. Amendment 1 was adopted in committee. Floor Amendment #2, offered by Representative Currie, has been approved for consideration."
"Leader Currie."
"Thank you, Speaker. I'd like to… to adopt the Amendment and discuss 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."
"No further Amendments. No Motions are filed."
"Third Reading. Please read the Bill."
"Senate Bill 3319, a Bill for an Act concerning education. Third Reading of this Senate Bill."
"Leader Currie."
"Thank you, Speaker and Members of the House. This is a measure that would provide some parity, not complete parity, for the Chicago Public School Teacher Pension Fund. Over the next three years, it would, in addition, provide a significant sum of money for an equity grant. An equity grant that would make all schools eligible for participation in funds beyond the general state aid formula, but would be particularly directed at schools of high need. This is a three-year program. So, it would provide not the full normal operating 09900141.docx 211 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 costs of the teachers' pension system in Chicago, it would provide only half that amount; a hundred million dollars rather than 200, a hundred million dollars rather than full funding, which of course is what happens with downstate teachers. And the equity grant of 700 million would, as I say, provide resources for all schools, but particularly for those who have been determined of high need. It was a three- year program. It dovetails with the legislation that was adopted in this chamber just a little while ago. The budget for fiscal ‘17, the provision with respect to the equity grant, and the operating costs for Chicago in that Bill were identical to this. The difference is that this is all that this Bill does. And it is a three-year program, both with respect to the beginning effort at pension equity and in terms of the… of the equity grant, the 700 million in funding. I'd be happy to answer your questions. And I would be grateful for your 'aye' votes."
"Mr. Sandack."
"Thank you. Will the Majority Leader yield for some questions?"
"Sponsor yields."
"Representative, this was a shell Bill originally. Isn't that right?"
"It was not a shell Bill."
"My notes say Committee Amendment #1 shells the Bill."
"Well, but originally it was substantive Bill. We shelled the Bill and then we put this…"
"Okay."
"…Amendment on the Bill." 09900141.docx 212 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Right. And so the Floor Amendment would just… we just passed that… that's brand new. Isn't that right? It wasn't in any committee?"
"Well, it's… see, with the… with the difference that… the language is identical to language that was in Senate Bill 2048. The difference only being that this is a three-year commitment, not a one-year commitment."
"Right. Senate Bill 2048 was that wonderful Bill we had a nice interesting debate over that…"
"It… it was a wonderful Bill…"
"…sacked 200… 500…"
"…and it still is a wonderful Bill."
"…500 pages… 500 pages that… and then all of a sudden was on the floor. So, this is really a budget implementation Bill for… or at least for portions of 28… 2048. Isn't that right?"
"It is a piece of 2048 with the difference that it is a three-year commitment, not a one-year commitment. And I would… I'd stack my 500-page Bill up against your 1,048-page Bill any day of the week."
"Well, I would, too, Representative. Of course, ours is sitting in Rules. Ours has been out longer than yours was before it got to the floor and ours is balanced, yours isn't. So, I will take that challenge."
"Mr. Davis. I'm sorry, you walked away from the microphone. I had no idea you were not finished. If you're not finished you may."
"I promise to let you know when I'm done. I have a few more questions of the Majority Leader on her con…" 09900141.docx 213 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"You may proceed."
"Thank you."
"Why don't you stick to the Amendment though… to the Bill."
"Thank you. I'll try and confine myself to my questions and the appropriate dialogue, Mr. Speaker. Hopefully, the Majority Leader will do in kind. What I'm reading says, creates a continuing appropriation for 100 million to the Chicago Teachers Pension Fund for 2017, 2018 and 2019. Isn't that correct?"
"That is correct."
"And so, you're asking for…"
"It's a three-year proposition."
"…another continuing appropriation."
"In order to begin… only to begin one step toward pension equity for Chicago."
"Pension equity is what this is? Is that… is that what I'm hearing?"
"There are two pieces of equity in this Bill. One is equity for the taxpayers of Chicago. We, of course, as you know the state pays for pensions for downstate teachers. Chicagoans contribute to that…"
"Yeah, they don't get a block grant either."
"…but it is Chicagoans only who fund their teacher's pension system."
"Right."
"This would begin to move in a fairer more equitable direction. The other piece of the equity equation is the equity grant, the 700 million each of those three years that 09900141.docx 214 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 would be available to all school districts, but would be targeted to those most in need."
"The $100 million appropriation was… it was non continuing what… that was originally in 2048. Isn't that correct?"
"As a one-year proposition."
"Right. And now we're adding a continuing appropriation for three years at $100 million per year for teachers’ pensions in Chicago?"
"That's right. It's approximately half of normal cost."
"And for 2016-2017 through 2018-2019 school years amounts appropriated under general state aid section of the School Code shall be provided in the following manner. And you have a whole… in this BIMP Bill, a whole way of funding for Chicago Schools. Isn't that correct?"
"Well, for all schools. And I think that this reflects what we did in 2048. So that a school district would be held harmless against changes otherwise in the general state aid formula between last fiscal year and fiscal ‘17."
"But how can you make that promise…"
"At the same time…"
"…without any new appropriations?"
"…at the same time, there would be… well, this was in the Appropriations Bill."
"But it's an unfunded Appropriations Bill ‘cause we know 2840… 2048 is 7 billion out of balance. So, we know that's not really a funded budget. How is this any better? Isn't this continuing kind of the façade of promises that go without actual funding?" 09900141.docx 215 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"I believe it's promises that will go with actual funding. And that's…"
"Where's the money coming from, Leader?"
"…why we passed the budget Bill."
"Well, we don't have a budget Bill that's been passed other than 2048, which was 7 billion out of budget… out of balance. So, it's not real money, right? ‘Cause…"
"Well, for… I'm a part of the… the Governor's working group and one of the things that the working group is talking about is revenue. The Governor's people do believe that we need significant new revenue in order to meet our obligations to education, to human services, to all the other responsibilities of State Government."
"To the… the Lady's Bill, Mr. Speaker. I have this on an iPad right now because we don't even have analysis of this BIMP. That's right, this came out a couple hours ago and we can't even catch up with the changes being thrown at us. So, this would be a BIMP, a Budget Implementation of 2048, at least a portion of it, for education which continues this, you know, this façade that's it's actually a funded appropriation and it's not. But to my side, particularly, what we have here is a continuing appropriation of a hundred million dollars for the next three years for Chicago pensions. So, I don't know how you guys call this… it's out of GRF, that's a bailout. Anyone that votes for this without an otherwise balanced budget… and to the Leader's comments earlier, I'll remind her, we did put a new budget Bill on the floor today… or on the… in Rules, House Bill 6585. It was a balanced stop… stop gap budget process that would go for 2016 09900141.docx 216 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 and for 6 months of 2017. Balanced. It would actually meet the spending obligations we promised, unlike what we're doing here. This isn't a real vote. Though I'm sure you all vote for it and tell your friends we're trying to fund the city's K-12 education and address the horrific pension problems for CPS. This doesn't do it. And all this does is worsen our budgeting processes by putting in a continuing appropriation. Vote 'no'."
"Mr. Pritchard."
"Thank you, Mr. Speaker. Will the Leader yield?"
"She does."
"Leader, let's go back a few years to when the arrangement with Chicago Public Schools was created. I… I think you were a part of that solution in 1995. So, at that particular time Chicago Public Schools had a lot of problems similar to today perhaps. And one of the things was that we gave them block grants, correct?"
"That is correct."
"And we gave the mayor control of the school board and of the school system, correct?"
"Correct."
"And at that particular time the Chicago teachers had a pension that was well-funded. Is that correct?"
"Correct."
"And they preferred to keep that pension system separate from the Teachers Retirement System?"
"I don't remember whether that's right, but whether or not it's right that doesn't obviate our responsibility to provide equitable funding to that system in… in terms of what 09900141.docx 217 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 we do for downstate teachers. You don't have to make them part of the same system in order to say, we will fund you on a fair and equitable basis the way we fund downstate teacher pensions.”
“So, the…”
“The idea that Chicagoans get to pay twice and everybody else only pays through the state doesn't strike me as fair."
"So, the point I was trying to make is that that arrangement in 1995 was what we might call a compromise. We gave something, Chicago gave something. We paid a block grant, they paid for their pension. That was a trade-off."
"Well, they'd always paid for their pensions, Representative. That was not new with the 1995 legislation which, by the way, I did not support."
"So, the point was though that in 1995 the Chicago teachers wanted to keep their own pension separate from the state and assume that responsibility."
"They already had…"
"So, it was part of the trade."
"…that responsibility."
"It was part of the trade. And now, we're trying in 2048 to give additional funding to Chicago Public Schools, correct?"
"Two things. We're giving a beginning bit of parity to funding for Chicago Public School teacher pensions and we are offering an equity grant to all the schools… all the public schools in the state. All the schools can participate in that equitable grant. And the most… the bulk of the money will go 09900141.docx 218 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 to the neediest schools amongst us. So, there are two issues of equity in this Bill."
"And the equity also includes low-income students, correct?"
"That… that's how we will divert much of the money in that equity fund."
"And a lot of that low income is in the City of Chicago?"
"It’s statewide. In fact, actually Chicago lost a bit in the… in the low-income equation over the last several years."
"So, it's a good idea that we're changing the block grants then…"
"And about 15 districts do…"
"…in… in Senate Bill 2031?"
"…better because of the… the focus on low-income students under this equity grant."
"So, if we are… excuse me… if we are then taking a responsibility that the Chicago School Board is now funding the pensions, what are they going to do with this $100 million they'll get for the next three years?"
"Well, first of all, remember that nothing in this measure would help them pay for the unfunded liability. All this does is to say going forward we will help you pay for the normal costs of the system. And what that amounts to in this Bill is half the normal cost, not the full normal cost as we are paying for the downstate teachers. We're not taking care of the pension backlog in Chicago as we are with the downstate teachers." 09900141.docx 219 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Well, the… the whole situation is very dire and we need to be addressing it. But to the question though, is… is the Chicago School Board going to use $100 million for some educational purpose?"
"They… they may use it for educational purposes, they may use it to increase their funding for the backlog. Remember, that $100 million of whatever resources they have will have to go into normal costs of the pension this year. They also, as I understand it, are on the hook for about 700 million in pension payments before the end of calendar 2016."
"And… and it's just unfortunate that they had a fund that was fully funded in ‘95, we've given them two or three holidays where they didn't make full payment into the pension system and now they're what, 50 percent funded or something less than that? So…"
"As I say, I didn't support what you'd like to describe as a compromise. It turned out not to be a very good idea."
"Well, I think we're passing other ideas here that aren't necessarily fiscally responsible either. So, to this issue. I can understand the need that Chicago has, but if the state is putting more money into it how many times do we put more money into the City of Chicago and how many times do we contribute to things that won't reach the classroom? We need to help our students learn and to grow. And that's where every available dollar ought to be going. Thank you."
"Representative Ives."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." 09900141.docx 220 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"So, Representative Currie, I'm trying to get a handle on exactly where this Floor Amendment came from. So, you filed the Floor Amendment about what time?"
"A couple of hours ago."
"A couple hours ago. And it went to where?"
"It went first to the Rules Committee, of course and then it came to the floor as it is so similar to measures we had already talked about and considered on this House Floor."
"Okay. So, when have we considered prior to this a pension, you know, bailing out Chicago pension at 100 million per year on a continuing approp?"
"Unfortunately, this is not a pension bailout. It should be, but it is not."
"So, when… when…"
"We did in… in…"
"…when have we considered that before though?"
"…in Senate Bill 2048 the same amount of pension help for Chicago Public School teachers was included for… the only difference is that this is a three-year proposition. That was a one-year proposition."
"Okay. So… so, really we never… we never… this is actually a new… brand new concept to put this on a continuing approp. Is that correct?"
"It is different from the approach in Senate Bill 2048, but the concept by no means is new.”
“Okay.”
“The concept is that we should make a down payment on our responsibilities to help pay for the Chicago Public School Pension Fund." 09900141.docx 221 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Well, relative to your time here in the state chamb… this chamber of the state, you know, I'm… I'm probably still considered personally pretty new. So let me get this straight. If you have a Floor Amendment, isn't it typical that if it's substantive in nature that it should go to a committee to be heard?"
"It depends… it depends on whether or not it's something that we've seen pretty much in this form before."
"So… well, I think actually it depends on what Party you are and who's got the Bill. But what we see in your Bill right now is you have essentially a pension Bill. Did it go through Pension Committee?"
"Representative, it's not a pension Bill. It is primarily a school funding Bill. And if you'll look at the Bill, the $100 million that goes to Chicago teacher pension payments is dwarfed by the 700 million that goes to equity in the classrooms for Chicago… for statewide public school students. That's what the bulk of this Bill is about."
"Well… well, you…"
"Exactly as the previous speaker said, money ought to go into the classrooms to help the children learn and that's what that 700 million equity grant exactly does."
"Well, thank you for bringing that up because you have a $700 million equity grant that, as far as I can tell, never went through any Appropriation Committee let alone the Education Appropriation Committee ‘cause I sit on that Appropriation Committee and I would say we've meet three times the entire year." 09900141.docx 222 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Well, Representative, you saw this earlier when we adopted Senate Bill 2048. So, it's not new to your eyes nor to the eyes of any other Member of this floor."
"And what Bill that was passed, the seven… one that's over $7 billion, which is not a budget, but a spending plan, we saw that with only 2 hours to vote on it as well. My point here is that there's… is there a reason that we have committees or not? If we’re not going to use committees, then let's get rid of them. Mr. Speaker, to the Bill. And this is really the perfect point here. They have over 50 committees that they have, each chairman gets a stipend of over $10 thousand to run that committee, each Minority Spokesman gets a stipend for sitting on that committee. I went to the Business Incentive and Growth Committee, we've met one time, one time. Yet that chairman is going to get her $10 thousand stipend for hosting a committee that's met one time, one time. What a waste of taxpayer money. Because you run Bills like this. You run a Bill that deals with pensions; it doesn't go through Pension Committee it goes straight to the floor. You run a Bill that deals with Education Appropriations, it never goes through a committee. You run a Bill that deals with GSA funding or other funding, it never goes through any committee at all. This is a joke. This is an absolute disgrace. And that's what you have turned Illinois into. The bottom in almost every… every list of economic indicators is… is the State of Illinois. There we sit. And this is why. You don't follow any process, you simply run a Bill and give us two hours to look at it. And you… you're bailing out Chicago. 09900141.docx 223 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 It's… it's disgraceful. It's appalling that you're doing this on the last day of Session."
"Mr. Wehrli."
"Thank you, Mr. Speaker. Will the Leader yield?"
"Sponsor yields."
"Sponsor, sorry. Good evening. So, do you… Leader, do you recall what the Chicago Teacher Pension Fund funding level was in 1999?"
"It was pretty healthy and it is not healthy today. That's why I didn't support the measure that Repre… the former speaker described."
"Correct. I believe it was fully funded in 1999. And do you happen to know how many times Chicago has skipped paying into this Chicago Teacher Pension Fund?"
"I don't have that number."
"Well, it's more than once; it's several times. The exact number escapes me, but it's more often than not. And so, with those pension skips do you happen to know how many billions of dollars were not put into the Chicago Teachers Pension Fund over that time period?"
"Well, you know, probably about the amount that we have not, as a state, funded our own five pension systems."
"So, fiscal irresponsibility…"
"It could be…"
"…at the state level…"
"…it could be…"
"…is okay duplicated at the Chicago level?"
"No. It's absolute… absolutely not okay on any level."
"To the Bill." 09900141.docx 224 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"None of it is okay."
"To the Bill. Years of mis… mismanagement of a system created for Chicago by Chicago has led them to where they are fiscally. Fiscal irresponsibility continues under this bit of legislation. This is not the way to run government. It's a bad Bill. Please vote 'no'."
"Mr. Kay."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Leader, I'd like to go back to some questions that Mr. Pritchard asked of you. I thought maybe… just so I understand where he was going. And… and I'm going to do this in a summary manner, if you don't mind. But if I understand Mr. Pritchard's questions and your answers, the scenario is like this. In 1995 the downstate pension system was in the tank and Chicago was okay. So, you thought, well, we're trade off because we don't… we certainly… we don't want downstate to be any better off than we. So, while we were in the tank and you were doing better you thought maybe it'd be a good time to flip flop. You got a block grant and take your own pension system over. And now, after 20 years or 30 years later, you find out that that's not a good decision, is that correct?"
"Representative, it was a Republican-led effort to change the way the Chicago Public Schools operate."
"I know and you…"
"Part of that effort was to take away…"
"…I know."
"…the pension levy, turn it into a block grant."
"You said… I know." 09900141.docx 225 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"I did not support that. It was not a good idea then and as it turns out today you would have to admit it was not a good idea now."
"Well, my point is though Mr. Pritchard was right. What we're doing is resetting the button once again because of bad management. And my question to you, Leader, is how many years, year in and year out, can you mess something up, mismanage something so badly and come back to this General Assembly, to the taxpayers in the state and say I want more? How many times?"
"Well, you might want to ask the Governor that question. My recollection is that he does introduce a budget."
"Well, this Governor… this Governor is not responsible for the mess in front of us. So, let's not even go there. You had two Governors, quite frankly, that messed it up so bad on your side that one’s in jail and the other is trying to figure out how to get there. So, I'm… I'm trying to be serious. And you seem… you seem not to get my point. Because I think Mr. Pritchard made a very good point in that you want something, you mismanage it, you come back here and you ask for relief. And my question to you simply is this, how long can you cover up mismanagement in Chicago and come back here and ask for relief?"
"I… I find it difficult to follow the question. We're not asking something special for Chicago. The point I made initially is that this Bill with respect to pension funding is a small step toward equity for Chicago teacher pensions compared to those downstate. The second part of the Bill, the other equity equation, is the $700 million grant that is 09900141.docx 226 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 focused on disadvantaged youngsters who need special help in school, but will help all of our schools all across the state."
"To the Bill."
"If you don't want to help the schools…"
"To the Bill, Mr. Speaker."
"…across Illinois, you need not."
"It's very clear… To the Bill, Mr. Speaker."
"But I think that's a very important goal."
"It's… it's very curious to me that all of a sudden Chicago would like to be what we have in southern Illinois when they could have had just that. They could have been just that and they were that. We are talking about a bailout, pure and simple, no more, no less. This state, again, I would say to you, Mr. Speaker, is penniless. And we've gotten that way over the years. It didn't happen overnight. It was mentioned that we've had pension holidays; there's been at least three that I recall and maybe more. And so, when you have holidays, you have problems just like this. Anyone who votes for this Bill is voting for fiscal irresponsibility and more Illinois bad behavior. Vote 'no'."
"Mr. Wheeler." Wheeler, K.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." Wheeler, K.: "Leader Currie, I have a question about one line in the Bill. We have no analysis on this, so I'm actually trying to read the Bill text to get context for this. With respect to the $700 million equity grant, is the Chicago Public School system are they eligible for that grant?" 09900141.docx 227 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Yes. All… all schools in the state." Wheeler, K.: "That's what I wanted to make sure."
"And my understanding is the way it will operate is that every… every school district will come out ahead. But the districts that will come out the farthest ahead are those that are the neediest." Wheeler, K.: "Okay. I wanted to get that context because in an earlier conversation I was under the impression that the 100 million was for CPS?"
"That's a separate issue. That's… that's as I say…" Wheeler, K.: "For pensions, right."
"…first step toward parity with respect to pensions. The bulk of the Bill is the $700 million equity grant eligible… available for all schools." Wheeler, K.: "All schools including CPS. Thank you for that part of it. Leader Currie, is there revenue from… is… is this money being spent from the General Revenue Fund?"
"This is a substantive Bill." Wheeler, K.: "So, therefore, the answer is, yes?"
"This is not an Appropriations Bill; it's a substantive Bill." Wheeler, K.: "Okay. I'm just trying to figure out where that money comes from that's all. Where does the money… if and when we spend the money, what… from what fund does it get sent?"
"Nothing in the Bill decides… describes what fund it comes from. It comes out of General Revenue, it comes out of the… the… the State Treasury, it comes out whatever it is that the Governor decides he wants to do to raise revenues to meet Illinois obligations." 09900141.docx 228 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 Wheeler, K.: "But it'd be likely to come from GRF?"
"The Common School Fund." Wheeler, K.: "I'm sorry?"
"The Common School Fund." Wheeler, K.: "Okay. To the Bill. Another example of… of our state reaching out to spend money that we don't have. Concerned citizens back in my district have asked me how we’ve gotten into the hole that we're in, the backlog of bills that's 7 to 10 billion dollars? And why we have a balanced budget agreement… or requirement when we never to seem to follow it. I ask, again, at some point in time that this General Assembly actually follow the Constitution, follow the COGFA Act, adopt a revenue estimate before we spend hundreds of millions and billions of dollars. This is horrible public policy. It's unconstitutional spending. Please vote 'no'."
"Mr. Tryon."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"Representative Currie, you and I have had lots of conversations in my time in this chamber about property taxes and property tax caps and how we fund things of… for government off of tax rates. And the thing that is troubling to me when I look at this Bill is the amount of money that this Bill appropriates to the City of Chicago, especially for a continuing appropriation for… for pension payments. While the state pays for pension payments in my district, I pay way more in a property tax rate than anybody in the City of Chicago would pay for similar sized… or similar value house. In fact, my residents are paying between three and a half and 09900141.docx 229 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 four percent of the fair market value of their home in property taxes, most of which goes to schools. In the City of Chicago, they're paying anywhere from one to one and a half percent. So, if I were to take a piece of property in Representative Flowers district on Polina Street, let's say it was assessed at a fair market value of $117 thousand because…"
"Mr. Tryon…"
"Yes?"
"Can I interrupt you?"
"Yes."
"Sponsor takes the Bill from the record. Chair recognizes Mr. Franks. For what reason do you rise, Sir?"
"Mr. Speaker, I have a parliamentary inquiry."
"State your inquiry."
"Earlier, Leader Durkin got up and talked about his House Bills 6583 and 6585. Can the Clerk please tell me where those are, the status of those Bills?"
"I presume the Clerk can do that. Mr. Clerk."
"House Bill 6583 is in the Rules Committee. And the other Bill, House Bill 6585 has been filed by Leader Durkin."
"Are they both on First Reading? They're not even on First Reading yet, correct? They're in Rules? All right. So, even if we wanted to get that passed, then there's no way we could get to Third Reading to be able to do that? I'm just trying to find out parliamentary whether we could even get it to Third Reading? I don't see how we could, even if we wished to today, because then even if we did it I don't see how we could 09900141.docx 230 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 get it to the Senate today on three readings. So, I'm just trying to find out where it is in the parliamentary reason. That's all. So, I'm just trying to say, I appreciate it. I just wished this would have been brought up four or five days ago because at that time the Governor was against doing a short-term budget. And if he would have… I think if this would have been filed four or five days ago, perhaps it would have had a more substantive discussion. But unfortunately, because it was filed on the last day, when the Governor changed his mind, we won't have an ability to discuss that. But I think perhaps it might be help… it would behoove us going forward if it might help bring a compromise and we could take about these things because there might be some good ideas in here, but because people weren't ready to talk and ready to bargain and ready to compromise, because they were a… against things before they were for things, we're in this position now. And that was my… that's my point. So, thank you."
"Mr. Sullivan, for what reason do you rise, Sir?"
"Thank you, Mr. Speaker. Point of personal privilege."
"State your point."
"The Gentleman farmer from McHenry knows better. He does know better. He's been here long enough he knows the process by which we govern. That was a great speech, we loved it, but it had no bearing on what is going on today. We filed that on a Bill so we had transparency. So, we can show you what is out there. A good idea, if we come together. You know better than that. We know right now that if we agreed to it, before we go over the cliff in a few more hours, we could put that on a vehicle like nothing. It could happen like that. 09900141.docx 231 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 You all know that. And the Representative from McHenry knows better. The Governor was working in the work groups. We were working towards a compromise; it didn't happen. Many reasons why. And so, he comes up with another idea so we can keep students in their schools. What's going to happen in the City of Chicago if we don't have education? Sixty-seven people were shot this weekend, sixty-seven. It's a travesty. Yet, we have an idea to keep our schools open. And what's happening right now? Nothing. Not a bunk. So, don't even begin to start that. You know better. And let's try and get something done."
"Mr. Reis, for what reason do you rise?"
"Thank you, Mr. Speaker. A point of personal privilege."
"Go right ahead."
"Just to help out the Body, Senate… or House Bill 4232 that provided school construction grants, not from GRF but from the bonded moneys from the Capital Bill, is sitting over in the Senate, shelled right now. It's an Appropriations Bill. House Bill 2049 was passed over with the same language over here so we could try to get the money to our schools and it’s shelled. There's two Appropriation Bills right there, one in each chamber. And I was going to ask the Majority Leader on her Bill, why is it so important that Chicago gets $100 million for several hundred thousand students and yet, we can't get $11 million for the folks in Wayne City for 400 students that were promised this 2 years ago? So, that's beside the point. We got two Appropriation Bills. We can make this happen before midnight." 09900141.docx 232 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Page 16 of the Calendar, under Total Veto Motions, there appears House Bill 580, Mr. Welch. Please proceed with your Motion, Sir."
"Thank you, Mr. Speaker. I appreciate the timing of this Motion. I move that House Bill 580 do pass, notwithstanding the Governor… the Veto of the Governor. Let me explain why I have made this Motion for the second time. Last Thursday a group of Legislators, who I all respect very much and I have had an opportunity to talk to most of them, sent a letter that they signed to both the Governor and to AFSCME's Executive Director urging both parties to get back to the table and negotiate. Quoting from their letter is some very similar language with I… which I have used on this Bill a number of times. They state in their letter, It is abundantly clear that the continuation of this stalemate will continue to hurt all interested parties. State employees are particularly jeopardized when considering the impact on their health care costs and taxpayers lose with continued uncertainty over costs that would be fixed in a new collective bargaining agreement. These outcomes are unacceptable and action must be taken by both parties now. My colleagues further wrote, Therefore, we are urging… we are writing to urge both parties to resume negotiations. With the Governor and AFSCME convened together at the negotiating table with the goal of reaching an agreement on a new collective bargaining agreement that balances respect for taxpayers with the needs of our hard-working, dedicated people. The letter goes on later to say, We are confident that meaningful progress can be made toward a collective bargaining agreement 09900141.docx 233 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 when both sides meet in good faith. As we know, both AFSMCE and Governor Rauner responded to their letter. AFSCME's Executive Director, Roberta Lynch, said the union is ready, willing and able to get back to the table now. What did our Governor say? Governor Rauner, of course, said no. I offer to you, my colleagues who I respect, that I have to work with today, tomorrow and in the future, an opportunity to force the parties back to the negotiation table. Help me accomplish our mutual goal of re… restarting good faith negotiations. It is well-established that arbitration works for public safety employees. The prospect of arbitration often acts as an incentive for the parties to remain at the bargaining table until they reach an agreement. How do I know this? Because I've used the process myself. All of our districts rely upon the services state employees provide. Now, yesterday, some of our colleagues on the other side over there who represent Cook County and Chicago voted their districts. They voted in favor of an override based on their districts and their principles. I'm giv… this Motion… this second attempt to override Governor Rauner's Veto of House Bill 580 is another opportunity for our downstate colleagues to vote their principles and vote their districts. This Bill accomplishes the goal that you desire, the seven of you asked for. The seven of you want the Governor back at the table. This Bill would do that. I ask you to join us in supporting House Bill 580 tonight. Let's get this state back moving. I'm open for questions."
"Leader Durkin." 09900141.docx 234 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Oh, for crying out loud, Chris, how many times have we seen this vote on House Bill 580?"
"Well, this is the second Motion to override the Veto. And it would not have been brought Leader, but for seven colleagues."
"You're not answering my question. The question is, how many times have we seen this vote before this chamber?"
"This is the second Motion to override this Veto."
"No, no, no. How many times have we voted on this 580? Well, can I give you the answer? Three times. Does that sound… sound right?"
"That sounds right."
"How many times did we vote on its predecessor 1229, in this chamber?"
"All… prior to those other votes we didn't have seven Members on your side, Leader."
"Again, nonresponsive… nonresponsive."
"Admitting… admitting that this is the right thing to do."
"Nonresponsive. Nonresponsive. So, this is going to be the fifth bite at the apple, which is quite amazing. Again, I've been around here a long time. I've seen some amazing things happen, but this without a doubt is a real doozy. This is all about politics. It has nothing… you know you don't have the votes. It's about politics. It's about, you know, putting a big exclamation point on those mail pieces that are coming to Members throughout the State of Illinois. But, I will say this, when we took this Bill up last year and 1229 it was one of the worst Bills I've even witnessed in my life. It has not got any better today. The Bill in its current form 09900141.docx 235 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 is just as bad as it was last year. And I will reaffirm that it is without a doubt the worst piece of legislation that has ever made its way into this chamber. And let me just say this. I've talked to each one of those seven members and the fact is, they agree that this legislation stinks. There's no connection between that letter, but also versus what this legislation is about. They know it's terrible. They will not be supporting it as well. But, let's be clear about what you're going to do. You said, seven people said, you know, go back to the table. You know what, under your… under the current process, let's just be clear, that the ALJ is going to take all of the information is and he can make a decision of whether or not there is impasse, correct?"
"She could, yes."
"And he could… he… she?"
"It's a she."
"He or she could send it back and say, guys, continue to negotiate, correct? So, there is… correct? Under the current process that's in place?"
"The Governor can also withdraw his request for a declaration."
"Again, will you please answer my question."
"Restate your question."
"The question is quite simple, that the ALJ, who is taking in the testimony and all the evidence, could declare that there is no impasse. And then say, go back to the table, correct?"
"That's correct, but they…" 09900141.docx 236 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Thank you. But just remember what we're doing that if we allow this Bill to pass, which is again we're… every day that goes by it's further down the road… we're interrupting a process that's been well-established. It's not fair. It's fundamentally unfair in so many reasons as a lawyer, but also as a Legislator. But we're talking about possibility of having a $3 billion hit on General Revenue Funds based on an nonelected arbitrator who ultimately is going to have… will not be able to play Solomon and have to decide one or the other. And that's not fair, it's not responsible. And as I said earlier, this is absolutely the worse piece of legislation I've seen in my life. And I don't think we need to see it again."
"Mr. Hays."
"To the Bill. They say we're young and we don't know, we won't find out until we grow. Babe, I got you, Babe. That was the song on the radio every morning on Groundhog Day. We just heard it again. I think there was a Bill Murray sighting out in the hallway. In the… in the interest of the Groundhog Day dynamic we're going through now, I call the previous question."
"Gentleman moves to call the previous question. Those in favor of the Motion will vote 'yes'; opposed 'no'. The voting is open. Have all voted who wish? Have all voted who wish? Mr. Clerk, please take the record. On this question, there are 69 voting 'yes', 45 voting 'no'. And the Gentleman's Motion prevails. The previous question is put. Mr. Welch to close." 09900141.docx 237 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Thank you, Mr. Speaker. I've called House Bill 580 for a vote on a Motion to override the Governor's Total Veto for a second time because it is time for action. The time to act is now. It's time to get the parties back to the table. Why continue to wait? I'm asking that we all stand with working families here today by supporting House Bill 580. Will you join me today and be their voice? Specifically… Mr. Speaker, can we get order in the chamber? Mr. Speaker, specifically, to my seven colleagues on the other side of the aisle, I have a question. Will you be your constituent's voice? C.D. Davidsmeyer, come on. Will you be your constituent's voice? Sara Jimenez, will you be your constituent's voice? Norine Hammond, come on. Will you be your constituent's voice? Terri Bryant, with all of those state employees in your district, will you be your constituent's voice? Avery Bourne, all the state employees even here in Springfield, will you be your constituent's voice? Don Moffitt, will you be your constituent's voice? Adam Brown, will you be your constituent's voice? You have an opportunity to answer that question by voting 'yes' or 'no'. It is abundantly clear that the continuation of this stalemate will continue to hurt all interested parties. I ask you to stand with your constituents and please vote 'yes'."
"Those in favor of the Gentleman's Motion to override the Veto of the Governor 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’, 49 voting ‘no’, 1 voting ‘present’. And the Gentleman's Motion 09900141.docx 238 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 fails. The Chair recognizes Mr. Reis. For what reason do you rise, Sir?"
"I don't know if you call it a point of personal privilege or what it is, Mr. Speaker."
"Well, whatever it is, state your purpose."
"What have we become in this chamber when we call people out by name? We boo people when their voices are called? Mr. Speaker, you and I have been here awhile. This isn't the way it used to be. When people stand up, they get booed. When people aren't here, they get booed. When people talk too much, they get booed. We voted on this five times; nobody's changed. But yet, we do this. We're better than this. We… I know everyone’s testy. But if we don't have our integrity in this place, regardless of how we vote, what do we have? That wasn't a good display, folks."
"The House will be in order. Mr. Clerk."
"Committee Reports. Representative Barbara Flynn Currie, Chairperson from the Committee on Rules reports the following committee action taken on May 31, 2016: recommends be adopted is a Motion to Concur with Senate Amendments 1 and 2 to House Bill 2990."
"Supplemental Calendar #2, Senate Bills-Second Reading, there appears Senate Bill 2051, Leader Currie. Mr. Clerk, please read the Bill."
"Senate Bill 2051, a Bill for an Act concerning appropriations. Second Reading of this Senate Bill. Amendment 1 was adopted in committee. No Floor Amendments. No Motions are filed." 09900141.docx 239 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Please hold this Bill on the Order of Second Reading. Mr. Sandack."
"Thank you, Mr. Speaker. Republicans seek an immediate caucus."
"How long will your caucus be, Sir?"
"At least one hour."
"The House will be in recess ‘til the call of the Chair. The House will be in order. Supplemental Calendar #3, under the Order of Concurrence, House Bill 2990. Leader Currie."
"Thank you, Speaker. I move that the House concur in Senate Amendments 1 and 2 to House Bill 2990. This is a standalone measure that would fund elementary and secondary education for the coming fiscal ‘17 year. It is very similar to the proposal for elementary and secondary that was included in Senate Bill 2048. A few differences. This will provide more revenue for the pension… the normal costs of the Chicago Teachers Pension System. The equity grant of the same size as in 2048 is distributed a little bit differently, but pretty much the same idea and pretty much the same outcome. As with Senate Bill 2048, there will be hold-harmless provisions with respect to last year's general state aid and next year's general state aid. So, districts will be held harmless against loss in the coming fiscal year. I'd be happy to answer your questions. And I urge your support for these… this Concurrence Motion."
"Leader Durkin."
"Thank you. Will the Sponsor yield?"
"Sponsor yields." 09900141.docx 240 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Leader Currie, our analysis indicates this is approx… approximately $15.6 billion in spending. Is that an accurate…"
"I believe this is a little… a little… well, for one thing they did the appropriation for the Teachers Retirement System as that's a continuing appropriation. It was not in 2048. And as I say, there's an extra 100 million for the normal costs of the Chicago Teacher Pension Fund, which was not included in 2048."
"Okay. The spending levels in this is approximately $900 million more on top of last year's spending, correct?"
"I think that's accurate."
"Okay. Can you just give me a brief explanation about what the… I'm sorry, if I wasn't paying attention earlier, but again the equity grants and this concept of a low-income constant. Could you explain to me how that works? How the distribution of that will work throughout the State of Illinois?"
"It is very… it's similar… similar to the equity grant that was included in Senate Bill 2048. There is a difference and that is the low-income calculation. This… this distribution takes into account available local resources, which the other one did not. It would… that will mean some small difference in allocation, but not a huge difference in allocation. I think there are 188 school districts under this allocation that would not get more from the equity grant. Although they would get more from the fiscal ‘17 hold harmless than was true in… in Senate Bill 2048. So, it's essentially 09900141.docx 241 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 the same concept, a little differently configured. It would not make a huge difference in terms of… of allocations."
"Okay. Our staff analysis indicates that approximately 250… $250 million will go to this… go through this equity grant fund to CPS. Is that accurate?"
"I believe it's a little… yes, I think that is… yeah."
"Okay. And an additional… and then we're talking $205 million will be part of that pension payment, too…"
"Right."
"…for the Chicago Teachers Pension Fund?"
"So, 205 for the Chicago Teachers Pension Fund. Chicago would get 267 out of the equity grant."
"So, that's about half of what that $900 million of additional spending that we’re…"
"Not quite."
"…putting in this Bill. Give or take a few. But anyway, let me just say this. And I… we're finishing up our work. I'm not sure how the vote is going to come out tonight. I'm going to request that we do not support this Bill. But I will say this, we… we've made a good start by having a standalone education Bill. And I think that we need to continue on with that. I through… I really believe that once we get through tonight, let's soak our heads for a couple days and let's get back to work. Let's work on a stopgap; let's work on a standalone K-12. I think we can do that. This Bill is not right at this hour at the end of Session. I will just request that not only my Members, but also your Members vote 'no' so we can have a sincere discussion on breaking the impasse, fully funding education, not only just K-12, but higher ed, 09900141.docx 242 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 but also working towards a conclusion to this impasse. Please vote 'no'."
"Mr. Sandack."
"Thank you, Mr. Speaker. Will the Majority yield… Leader yield, please?"
"Sponsor yields."
"Thank you. It's getting late. Representative Currie, just a couple of questions in comparison to this Bill with the education expenditures set out in SB2048. This Bill on the board spends 5 million more, give or take?"
"It's I believe about 100 million."
"A hundred million more?"
"But, this… this would spend about a hundred million… a hundred million more than what was in 2048 for… for K-12 right? With the difference that this does include spending for the teacher pension payment. We did not include that in 2048…"
"Right. Okay. So…"
"…only because it's a continuing appropriation."
"…so, let's go GRF, apples to apples. Compare if you will this budget appropriation for K-12 GRF to 2048, please."
"A hundred five… $109 million more."
"Okay. And then with respect to payments to CPS for pensions, compare 2048 through… to this Bill right here."
"Another hundred and five million. For a total of 205 million, which is normal operating costs."
"So, it's more in this appropriation than in 2048?"
"Yes. So, it's more than what was in 2048…"
"Right." 09900141.docx 243 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"…for that same purpose."
"Correct. And then in the total spend for CPS, compare 2048 to the Bill on the board, Ma'am."
"Eighty-five million more under this Bill than under the old because of the pension payment. The actual equity grant actually is a little bit lower for Chicago in this Bill than it was in 2048."
"Thank you for your time."
"So… so, a little bit less going to the classroom under this Bill in Chicago."
"But a little more going for pensions? Okay. Thank you for answering my questions, Representative Currie. To… to the Motion, Mr. Speaker. Ladies and Gentlemen, obviously you're aware the Senate did not pass 2048 and instead sent over what they claim is a clean K-12 Education Bill. It's certainly better that we have that opportunity to address it on a singular fashion or a singular fashion, we didn't have that ability the other night when… when on a partisan Roll Call 2048 came out of here. This is still not a good Bill because we don't have a funding mechanism associated with this spending. We're closer to having a conversation, apples to apples, but this still isn't a good Bill. It's not prime time. And for my friends that aren't in the City of Chicago, let's be clear. This is a Chicago bailout. This is a Chicago bailout. It appropriates more money to Chicago and to CPS and is a bailout. That's all there is to it. There's no reforms, there's no changes in performance, there's no equity component, there's no evaluation of outcomes. There's no indication that any dollars will be used in a fashion that 09900141.docx 244 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 will produce an outcome for children… to benefit children. So, while I appreciate a chance to have a discussion on K-12 in a vacuum, the fact of the matter is this Bill isn't ready. And a vote on this is a vote on a Chicago pension bailout to the detriment of the rest of the State of Illinois. Look, the last two days have been difficult, the last week has been difficult. And we're going to get out of here… I don't believe this Bill should pass. I don't believe the Bill should pass and I don't… I just think it's a bad Bill. Whatever we do irrespective of that we're going to have to come back and start working together. And I had a… I had a nice conversation with a few of my colleagues on… on the Democratic side of the aisle a few minutes ago, we're going to actually have to come together on a parti… bipartisan spending plan, not a partisan spending plan with a bipartisan tax hike. That plan isn't going to work. Doesn't work that way. We have to work in a bipartisan fashion on spending cuts and reforms. When everyone’s ready to do that, I… I think we're going to get a way better product. But for right now, a partisan spending plan without any funding should go down and… it should just do down in flames, frankly. But it's a bad Bill. Vote 'no'."
"Mr. Tryon."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Of course."
"I thought she would. Representative and Members of the House, what's happening to the City of Chicago school system isn't unlike what's happening to almost any school district in this state; rising costs, less coming through the formula for a variety of reasons in many of the suburban districts. 09900141.docx 245 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 So, if we were to go back to 2003 when we doubled the poverty grant it provided about $900 million worth of… of dollars to poverty stricken students, Chicago got about 750 million of that. As poverty grew throughout the state, Chicago gets somewhere between 3 and 400 million of that now. We fixed the double whammy. We created the extension limitation ratio, which said schools in tax capped areas got to benefit from the fact that the rate went down, but they couldn’t tax at the old rate. That provided money to the City of Chicago and my school district too. Now, the actual EAV and the PTELL EAV is closing costing, a loss of funding. I'm dealing with that too. But what is difficult for me is to look at how other school districts have to do that with running referendums and raising their own tax rates and making cuts. And if I look at the tax rates in the City of Chicago and I look at them all over the rest of this state, there's a dramatic difference. In fact, I started to use a house in… in Englewood on Polina Street assessed at approximately $117 thousand. They pay $1300 in property taxes. If I go to the poorest school district in the state, in East Saint Louis, a person that have… we pulled a property tax bill today of a person that had an $18 thousand house. They paid $1 thousand in property tax. They paid 5.3 percent of the value of their property in property taxes while the City of Chicago person paid 1.1 percent. If I look at the Speaker's house, he lives in a house that's assessed at 262 thousand, pays $4 thousand in property tax and about $2 thousand to his school district. I live in a $209 thousand property tax… or value house and I pay $7500 in taxes and about $5500 to my school district. That's a 09900141.docx 246 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 substantial dis… difference. But when the school district like CPS has the highest… highest EAV, the lowest tax rate in the state and gets the most state aid something’s wrong. Because the tax burden isn't something that's being calculated within the rate. This Bill provides $205 million in a pension payment and another 270 million in additional funding to the school… to the City of Chicago schools. That's 475 additional million dollars going to that one school district that has the lowest property tax rate in the state. In fact, if we were really wanting to do… do something that's good, I'd make a suggestion to you that the formula actually does what it's supposed to do. If I were to look at Decatur, Illinois, in the year 2000, Decatur got through the formula $2600 per student. This year… or last year they got $7400 per student and that was when it was prorated at 89 percent. So, the formula did what it was supposed to do. It provided money to a school district that had less property value and that it couldn't access for the number of students that it was trying to educate. That worked. What doesn't work is the proration that's been in effect for the last several years. In fact, if we wanted to do something for education we would raise the foundation level from 6119 to 7119 and fund it 100 percent and almost every school district would do much better than it's doing today. And that's the problem. So, when you make this… look, I don't even… I don't know how you could be in anywhere in the suburbs in DuPage County, McHenry County, Lake County or suburban Cook and vote for this Bill. This isn't the right solution. This doesn't work. This isn't a fix to the formula. We're talking about things like evidence- 09900141.docx 247 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 based funding; we're talking about other options. That needs to be a part of the overall solution to the budget along with the K-12 spending. But to continue to provide more money in a form of some kind of grant, some kind of additional poverty money, pension payment, whatever it is for a school district that's taxing themselves between 1 and 1 and half percent when most of the suburbs are between 3.6 and 4 is wrong. For those reasons, I say we go back to the drawing board, we work on the formula, we work on the foundation level. We get rid of the proration and we do some things that actually work for all the school districts and provide a better education for our kids in the State of Illinois. So, I would urge a 'no' vote."
"Mr. Morrison."
"Thank you, Mr. Speaker. To the Bill. The debate ended just before we got to… to me, I think there was one speaker ahead of me, but I wanted to just address the… the teacher pension component of this Bill, the $205 million now double what the previous Bill was. We know that in… in Chicago the teachers are rattling sabers, perhaps getting ready for another strike. What the Chicago Public Schools administration is asking of them is just to ask them to pay more for their pensions, the pensions that they are going to benefit from. But their members, they don’t want to pick that up. They don't want pay their employee portion. They want the taxpayers to pay for it. They want a 4 percent raise. They do not want to pay more for their own health care. And if you compare Chicago teacher compensation to other large cities, when you do a cost-of-living analysis, they are well 09900141.docx 248 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 compensated compared to their colleagues in New York or Miami or Los Angeles. But if this Bill passes, and I'm urging a 'no' vote, but whether you live in Chicago and you're an Illinois taxpayer in Chicago or you're in one of the suburbs or you're in central or southern Illinois, this is a bailout that you're going to have to pay for. And we ought to be asking those who are directly benefiting from this to cover this. So, I would urge a 'no' vote just because of this… this appropriation to the Chicago Teachers Pension Fund. Thank you."
"Mr. Demmer."
"Thank you, Mr. Speaker. I'd like to request a verification should this Bill receive the requisite number of votes."
Speaker Lang: "We would be happy to that for you, Sir. Representative Ives."
"Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields."
"So, Representative Currie, I just have a few questions. Do you know whether or not the average daily attendance increased or decreased in Chicago compared to last year?"
"This would be an increase for Chicago. And because of the $700 million equity grant…"
"No, no, no. My question is, do you know if the average daily attendance increased or decreased for Chicago last year? If we could get some maybe some noise reduction on the floor, it’d be great."
"I had those numbers, but I don't have them with me. I'll get them to you later." 09900141.docx 249 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Okay. The answer is that they lost student population. Do you know whether or not the property wealth increased or decreased compared to last year?"
"It increased."
"Yes, it did. So then, why are we giving more money to a district that lost student population and increased property wealth? Why are we doing that?"
"Well, we are doing that with many other districts that have gained some value and may have lost population. If they… especially if they have high poverty and Chicago has very high poverty. More than 87 percent of the school children in Chicago are living in families that are poor."
"In… in almost every other situation the truth is that when your property wealth increases and your student population decreases, you'd get less money from the state. That's exactly what's happened in one of the school districts that I represent."
"Yeah, well, many would say that the formula is broken, but I think you… you mistake the importance of the poverty factor in making sure that school funding goes places where it needs to go."
"Okay. Well, let's talk about that because we used to have before the… the local… the low poverty grant… or we used to have the poverty grant. In this Bill, it looks like we have now the equity grant. And if I'm not mistaken, this is a new way to calculate a low-income grant. Is that correct?"
"That is correct."
"So, do you have an analysis from ISBE about what the affects of that low… that equity grant would be?" 09900141.docx 250 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"We don't… I… I believe that we have an idea which districts would benefit the most and which the least."
"Well, could you share that with us? ‘Cause we have no idea if the students in Kankakee are… will be better served by this or not."
"So, my understanding is that compared to what we had for elementary and secondary education in Senate Bill 2048 there are some 188 districts that would gain nothing from the equity grant, that would have gained something from the equity grant in the other version, but they will be doing well because they will either be held harmless at fiscal ‘16 formula levels or fiscal ‘17 formula levels. And the lowest income districts fair about the same in both versions, both in the equity grant proposal formula here and in the one that was in 2048."
"Mr. Speaker, to the Bill. So, what you've heard today is that they really don't have an analysis that's districtwide. And as Leader Currie well knows every time we've talked about these… the education funding formula changes in the task force that she chairs, she knows that most of the time we have a statistical analysis about how this is going to affect other… other folks around the entire state. We don't have this. You're basically voting on a Bill and you have no idea how it's really going to affect your district. It's a terrible situation to be in. As well as, this is a Chicago bailout. It gives them $475 million more than they should have. It in… in fact, they get 37 percent of the early childhood education dollars when they only have 18 percent of the early childhood enrollment. So, you know, if you guys want to vote against your districts and vote blindly, then you… you should vote 09900141.docx 251 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 for this Bill. Not to mention we don't have the money to… to spend on this. But I… I highly encourage a 'no' vote. This is misguided; this is actually… it's an embarrassment really. We started off the year, we had 9 days in 90 days. Nine days of Session in 90 days. Then we had… we had the entire last week of April off, this is just recently. We had three of the last four Fridays off. We've worked very little at all and now we're sitting here approaching midnight on the last day of Session and you're trying to ram down a K-12 budget Bill. I mean, this really makes up the laughing stock of American government at the state level. That's what we've become. It's terrible. Vote 'no'."
"Mr. Franks. Mr. Franks, before you commence, the House will be in order. Mr. Franks."
"Thank you, Mr. Speaker. Thank you. Mr. Speaker, the people of Illinois deserve better. This is nothing more than political theatre. This is nothing more than political nonsense designed to bring us to the midnight hour to pretend that we're actually working for the benefit of the citizens when in reality we're only doing it for the benefit of our own political gain. This Bill punishes the… those districts with the highest poverty concentrations. This Bill punishes the collar counties by taking away school funding and requiring those schools to raise property taxes where we already have some of the highest property taxes in the nation. This Bill was passed over here to give us political cover. Let's not fall for that. Now, the hour is late and it's clear we're not going to get a budget. Not going to do it. We know that. This Body, the General Assembly, has utterly failed its 09900141.docx 252 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 mission to pass a balanced budget. Let's not make this worse. This is not a Bill that should be passed. I disagree with the Governor on many things, but I also agree with the Governor on many things. Now, his… his… Yeah, I know Ken does. Now, his budget guy, Tim Nuding, wrote on April 12th and I'm going to quote and I want everybody to listen to this quote because he's 100 percent right. ‘At this point, Appropriation Bills that are not tied to revenue, spending reductions or savings generating reforms are nothing more than IOUs that drive our state deeper into debt and exacerbate the bill backlog.’ That's the definition of this Bill. Ladies and Gentlemen, I'd encourage you to vote 'no' on this Bill. And I'd encourage the Governor to call a special Session tomorrow to keep us in so we can reason together. It is Carol Ammon's birthday; it'll be her birthday present. But… but we have an obligation to the citizens of the State of Illinois not to give up, to do the right thing and to protect our citizens. Because Ladies and Gentlemen, if we do not pass the budget, real people are going to suffer. Real people are going to die. This is a matter of life and death and I don't take this lightly. But there are crisis centers closing. Poor people need our help. We need to do the right thing. This is not the right thing. Please vote 'no'."
"Mr. Batinick."
"Thank you, Mr. Speaker. It's always fun to go after the Gentleman farmer. So, I'm going to quickly speak and go straight to the Bill. When we were talking about Chicago funding earlier, there was a question that came up about how many pension payments were skipped, I looked it up. The answer 09900141.docx 253 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 is 10 years of pension payments were skipped, 10 years. I have some other math here for you guys. Chicago has 30 percent of all low-income students in the state, but it has 50 percent of the free breakfast and lunch dollars. Chicago's population accounts for 25 percent of communities that receive supplemental property tax funding, yet CPS receives 88 percent of property tax extension limitation law adjustment dollars. There's extra property tax extension stuff in here. All told, CPS gets an additional $600 million in state education funding. So, my stomach turns when you hear about how this is equitable funding versus the suburban and downstate schools. And I'm happy to send this information to anybody. Look guys, we don't have money. Chicago doesn't have money. This is like Greece ask… asking Venezuela for a bailout. And on top of that as a Body the only pro-growth item that I can recall that we passed this year was we didn't let the Illinois State Board of Education regulate Yoga teachers. That was it. That was the sum of our pro-growth agenda. This is a horrific Bill. Chicago gets more than its fair share. They don't deserve another half a billion dollars. Please vote 'no'."
"Mr. Davis." Davis, W.: "Thank you, Mr. Speaker. Will the Sponsor yield?"
"Sponsor yields." Davis, W.: "Representative, in this Bill how is GSA… the GSA distribution handled?"
"The GSA distribution is going to actually operate a little differently than usual. I think we're trying to blow up the school aid formula. The important thing about GSA is 09900141.docx 254 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 there will be no proration and no district will get less in Fiscal ‘17 than it would have had between the combination of what we actually spent in fiscal ‘16 and what they would otherwise have gotten in fiscal ‘17." Davis, W.: "So…"
"And then, of course, there's also… separate from the GSA formula, there is the equity grant which will go into the funding… the funding stream for schools across the state." Davis, W.: "Well, I… I'll get into the equity grant in just a moment, talk a little bit more about that. But when you say with GSA there's no proration, so that means that we would fund the 6119, which is the per pupil expenditure, which means that even under that scenario rich districts actually get money out of that, correct?"
"I'm sorry. I didn't quite get the question?" Davis, W.: "I said, rich districts actually gain money when there's no proration, correct?"
"Right." Davis, W.: "So…"
"Yeah. Well, yeah." Davis, W.: "Right. So, those of us who, and not myself, but those colleagues of mine that represent wealthier districts with high EAVs, a lot of business growth… business wealth who get flat grant money, that flat grant money is going to increase a little bit because there's no formula that fluctuates in their situations. Which means that ending proration means that they get a little more than the 200 whatever that is that they get per pupil, correct?"
"Yeah. They'll do… they'll do all right." 09900141.docx 255 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 Davis, W.: "So… so, our colleagues particularly on the other side of the aisle that represent those wealthier districts if they vote 'no' on this means that they're actually voting 'no' to give their school districts more resources, correct?"
"Yes, that is correct." Davis, W.: "Okay. Wanted to make sure we got that out. Now as far as the equity grant is concerned, how does the equity grant distribution and you may have gone into this a little bit, but I want to be clear, how does the equity grant distribution differ than what was put in Senate Bill 2048?"
"It… it's… it takes into account local resources in a way that the equity grant in Senate Bill 2048 did not, but both of the equity grants are focused especially on low income students in low-income districts.” Davis, W.: “And…”
“So, not every school district will get money under the equity grant under… under this version, although all of those districts will do well because of the hold harmless. But the… but the basic funding mechanism means that the lowest income, the hardest hit, the most in need districts will do very well under this formula as they would have done, as they will do under Senate Bill 2048." Davis, W.: "Okay. I… I think it was important to kind of make those distinctions that suggest that this is a little different than what was put out there in 2048. So, let me just speak to the Bill very, very, briefly, Mr. Speaker. A lot of you are looking at this as, oh, how it would impact Chicago, but let's not forget Chicago is a school district and they represent most of the poor kids in the entire State 09900141.docx 256 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 of Illinois. So, let's not blame maybe the misgivings of the administration of the City of Chicago and let's not forget the students in the City of Chicago. Now, I'm not a… I'm not a City of Chicago Rep, there are times when I don't like what the City of Chicago does and… and have voted against sometimes the City of Chicago. But, what I am for is making sure that a school district, who has the responsibility of educating the majority of our children in the State of Illinois and the majority of the poor kids in our district, that we not forget that that's the responsibility that they have and that's what they have to do. Now maybe you don't care about that. Maybe that's a possibility you don't care about that. I would imagine that some of you do, but for those of you who don't and always look at what we do for Chicago as a bailout, I won't argue with your characterization. But as the Appropriations Chair, and I can assure you that we had more than three meetings this year, unlike was said earlier in an earlier debate, we do care about children throughout the entire State of Illinois. And we have to take efforts like this very seriously. Maybe we don't like the way all of this is manifesting itself, I get that. I get that. But I don't like being characterized as somebody who's not willing to participate in the meetings, somebody who's not willing to show up and have good debate, good conversation. And I've been characterized like that by a memo that I have on my desk from someone who was a part of those meetings. I was there, I've been a part of it, trying to work in earnest to try to figure this out. Now, I would argue that the number 1 pressure that we have here in the State of Illinois is a Bill like 09900141.docx 257 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 this and what we're going to do for school kids. Because, again, if we don't pass something, I think in a lot of our districts we have schools that are not going to open or if they do open without any money behind it, they may only last a few months. So, let's think long and hard about how we are figuring out how to address a situation like this. Again, some of you don't like the extra help for Chicago, I get that. But, we've been helping downstate teachers for a very long time. Maybe it is an opportunity to try to help Chicago teachers the same way we've done others. I'm not trying to get into the minutia of that, but just recognize that at some point we have to pass a K-12 funding Bill that helps schools. Now, you don't like the budget Bill that we sent over to the Senate. None of you voted for it, but it helps school children. And maybe there are pieces of it you don't like, but again, that's where when you pass a Bill one chamber passes it, the other chamber passes it and when it gets to the Governor's desk he has things that he can do to try to make it better for himself. Now, he has decided to abdicate that responsibility, not use his tools in his tool chest to deal with anything that we're trying to do. And that's fine. That's his prerogative. But, just because he's not willing doesn't mean that we should not be willing as well. So, when we have the opportunity to expend adequate or above adequate resources for children in the State of Illinois, we have to take that seriously. So, again, if you're interested in school districts not closing, fine, continue to be a 'no', continue to not vote for this. But at some point, if it's not this Bill, it has to be some Bill that we're willing to vote on so 09900141.docx 258 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 that school districts can open. The Governor passed over… the Governor has proposed a spending plan, while it does some of what we're even suggesting in this Bill, but again, does it go far enough? Probably not. Needs to go further than that. So, we should actually reject… reject his proposal, come back and begin to work. Working in the work groups has been beneficial and it has been useful. And we shouldn't give up on what we're doing in the work groups. The work groups have been very responsive to increases that we want to do in K-12 education that go above and beyond what the Governor has proposed. They're very interested in doing those kinds of things. So, Ladies and Gentlemen, again, not telling you to vote 'yes' or 'no' on this, but recognize that if we don't pass something in K-12, schools are not going to open. And presumably, that will mean schools in some of your districts as well. Some of your school districts may not open, if we don't do something. So, if you don't like this, and you don't want this I understand, but just recognize that at some point we're going to have to come to some terms on this. And it's going to cost us some money to get there in order to make sure that schools can open and that they have adequate resources in order to educate all of the children in the State of Illinois whether they be upstate, downstate or for that matter even in the City of Chicago. We have that responsibility. So, let's take what we're doing seriously enough to make sure that we come together on what's necessary to make sure we educate children. Thank you."
"Mr. Wheeler." Wheeler, K.: "Thank you, Mr. Speaker. Will the Sponsor yield?" 09900141.docx 259 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016
"Sponsor yields." Wheeler, K.: "Leader Currie, I just want to follow up… this is a different variation on something we discussed earlier tonight. Does this… the Bill in front of us allocate General Revenue Funds?"
"Common School Funds, yes. Just general revenue." Wheeler, K.: "Thank you for that clarification. With that, the question… I'll be consistent as I have been for the last 14 or so months, and ask that before we actually spend General Revenue Funds can we actually please adopt a revenue estimate? I know that the time is short, there's 21 minutes left in this calendar Session here, but I believe a revenue estimate is about 2 pages long. You wouldn't happen to have one somewhere in your file, do you Rep… Leader Currie?"
"This amount would be far… far less… far, far less than any legitimate revenue estimate for the State of Illinois for the coming fiscal year." Wheeler, K.: "While I… while I appreciate that comment, I also don't believe this is a comprehensive budget Bill, meaning that we would actually probably have more Bills like that. To the Bill. This has been called a bailout Bill for Chicago; it's been called a starting point for education funding by one of my colleagues on the other side there. I agree that we have to fund K-12 education. My first Bill I filed when I became a Member was a Bill that would force this Body to fund the foundation level at 100 percent permanently and prioritize that along with the responsibilities are meant to fund our pension payments now. I hope that when this doesn't make it through, knowing that the other Appropriation Bill 09900141.docx 260 STATE OF ILLINOIS 99th GENERAL ASSEMBLY HOUSE OF REPRESENTATIVES TRANSCRIPTION DEBATE 141st Legislative Day 5/31/2016 failed in the Senate, we actually take our job seriously and pass a K-12 education budget that's meaningful, addresses the needs of this state and let schools open on time all over this state. Thank you."
"The Lady has moved to concur with Senate Amendments 1 and 2 to House Bill 2990. Mr. Demmer has asked to verify the vote, if he wishes? Members will vote their own switches. 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? Mr. Clerk, please take the record. On this question, there are 24 voting 'yes', 92 voting 'no'. Mr. Demmer, do you persist? The Gentleman withdraws his request and the Motion fails. Mr. Clerk, Adjournment Resolution."
Clerk Hollman: "House Joint Resolution 155, offered by Representative Currie. RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that when the House of Representatives adjourns on the 141st Legislative Day and the Senate adjourns on the 124th Legislative Day, the House shall remain in continuous session and stands adjourned until the call of the Speaker, and the Senate shall remain in continuous session and stands adjourned until the call of the President."
"Leader Currie moves for the adoption of the Adjournment Resolution. Those in favor say 'yes'; opposed 'no'. The 'ayes' have it. And the House stands adjourned ‘til the call of the Chair." 09900141.docx 261