Illinois Senate Floor Debate — February 28, 2018

PRESIDING OFFICER: (SENATOR LINK) The regular Session of the 100th General Assembly will please come to order. Will the Members please be at their desk? Will our guests in the galleries please rise? The invitation -- invocation will be -- today will be given by Pastor Deborah Holt, Life Streams Center, Decatur, Illinois.

PRESIDING OFFICER: (SENATOR LINK) Please remain standing for the Pledge Allegiance. Senator Cunningham.

(Pledge of Allegiance, led by Senator Cunningham)

PRESIDING OFFICER: (SENATOR LINK) Blueroomstream.com seeks permission to videotape. Seeing no objection, permission granted. WLS-TV seeks permission to record and -- video and audio. Seeing no objection, permission granted. Mr. Secretary, Reading and Approval of the Journal.

PRESIDING OFFICER: (SENATOR LINK) Senator Hunter.

Mr. President, I move to postpone the reading and approval of the Journal just read by the Secretary, pending arrival of the printed transcript.

PRESIDING OFFICER: (SENATOR LINK) Senator Hunter moves to postpone the reading and the approval of the Journal, pending the arrival of the printed transcript. 1  STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 2/28/2018 There being no objection, so ordered. Mr. Secretary, Resolutions.

PRESIDING OFFICER: (SENATOR LINK) Resolution Consent Calendar. Mr. Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR LINK) Mr. Secretary, Introduction of Senate Bills.

PRESIDING OFFICER: (SENATOR LINK) Mr. Secretary, Appointment Messages.

PRESIDING OFFICER: (SENATOR LINK) Will the Committee on Assignments please meet in the President's Anteroom immediately? Will the Committee on Assignments please meet in the President's Anteroom immediately? Senator Althoff, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR LINK) We wish him well. Senator Cunningham, for what purpose do you rise?

For an announcement, Mr. President.

PRESIDING OFFICER: (SENATOR LINK) State your announcement.

Thank you. I'm happy to be joined today by a school group 3  STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 2/28/2018 from my district, students from the Chicago High School on -- of -- on {sic} (for) Agricultural Sciences, which is in my district, one of the great agricultural high schools in the entire country. It's been a model for bringing agricultural lessons into an urban setting. I'm joined today, as part of their job shadowing program -- a group from the school, led by Cara O'Shea, the Assistant Principal of the school. They're here on the Democratic side in the gallery. I'll ask them to stand. Joined by Judge White, Devin Kenerson, Samantha Williamson, Mitchell Roelling, and Kijuan Jones, are all here. I'd like to ask the Senate to give them a warm Springfield welcome.

PRESIDING OFFICER: (SENATOR LINK) Senator Althoff, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR LINK) State your point.

PRESIDING OFFICER: (SENATOR LINK) Senator Murphy, for what purpose do you rise?

Point of personal privilege.

PRESIDING OFFICER: (SENATOR LINK) 4  STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 2/28/2018 State your point.

Thank you, Mr. President. Today I have with a Page for the Day, and I have with me, Will Fehrman. Will lives in Park Ridge, in my district. He is in eighth grade at St. Paul of the Cross. He is student government treasurer currently, has been involved for the last four years. Will plays on a host of teams - cross- country, volleyball, basketball. He is representing St. Paul of the Cross in the Future City Competition. And I want to tell you that Will reached out to my office about a year and half ago and he said he wanted to volunteer. He wanted to become involved in making a difference. So, Ladies and Gentlemen, distinguished colleagues who are listening, please join me in welcoming Will Fehrman and his dad, who's in the gallery today. Thank you, Will, for being here. Thank you, Mr. President.

PRESIDING OFFICER: (SENATOR LINK) WCIA seeks permission to video-record. Seeing no objection, permission granted. Senator Raoul, for what purpose do you rise?

I've got -- for a -- a point of personal privilege.

PRESIDING OFFICER: (SENATOR LINK) State your point.

First of all, Mr. President, Ladies and Gentlemen of the Senate, I just got back from Peoria, where I brought back a constituent of Senator Weaver's, who is part of my family, my cousin, Mimi Raoul Volmar, who's a -- with us today. If we could give her a warm welcome. Yeah, you can clap. Additionally, back in Senator Morrison's district right now, my son and his classmates 5  STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 2/28/2018 are watching from the cafeteria. Today, he moved from being a teenager to out of the teenage years. It is his birthday and his grandfather's birthday. Happy birthday, son.

PRESIDING OFFICER: (SENATOR LINK) Happy birthday. Mr. Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR LINK) Senator Rezin, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR LINK) State your introduction. 6  STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 2/28/2018

PRESIDING OFFICER: (SENATOR LINK) You can get some investors over on that side. Senator Hunter, for what purpose do you rise?

For the purpose of an announcement, Mr. President.

PRESIDING OFFICER: (SENATOR LINK) State your announcement.

The Senate Dems will caucus in the President's Office immediately upon recess for approximately thirty minutes.

PRESIDING OFFICER: (SENATOR LINK) Senator Althoff, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR LINK) Both in order and we will do that. Senator McCann, for what purpose do you rise? SENATOR McCANN: Thank you, Mr. President. On a point of personal privilege, please.

PRESIDING OFFICER: (SENATOR LINK) State your point. SENATOR McCANN: I would like to have the Chamber's attention. I would like to make an introduction. I would like to call your attention to this young lady standing here to my left. She is one of our Pages, as you well can see, and today is a very special day in her life. She attends Springfield High School, right down the street, home of the Senators, and today is Miss Caitlin Lyddon's eighteenth birthday. Let's wish her happy eighteenth. Thank you, Mr. President.

PRESIDING OFFICER: (SENATOR LINK) Happy birthday. Senator Hunter and Senator Althoff move that the Senate recess for the purposes of a Senate Democratic and Republican Caucus. Seeing no objection, the motion is granted. The Senate stands in recess to the call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)

PRESIDING OFFICER: (SENATOR LINK) The Senate will please come to order. Will all Members at the sound of my voice come to the Senate Floor? We will be going to final action on 3rd Reading bills. All Members at the sound of 8  STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 2/28/2018 my voice, please come to the Senate Floor immediately. Messages from the House, Mr. Secretary.

PRESIDING OFFICER: (SENATOR LINK) With leave of the Body, we'll turn to Supplemental Calendar No. 1. House Bill 1273. Senator Harmon. Senator Harmon seeks leave of the Body to return House Bill 1273 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 1273. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LINK) Senator Harmon, on your amendment.

Thank you, Mr. President. The amendment becomes the bill. I move for its adoption. 9  STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 2/28/2018

PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Now on the Order of 3rd Reading is House Bill 1273. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LINK) Senator Harmon, on your bill.

Thank you, Mr. President, Ladies and Gentlemen of the Senate.

PRESIDING OFFICER: (SENATOR LINK) Wait. Can we keep the noise down on the Floor? We are on 3rd Reading, final action on a bill. Senator Harmon. Thank you.

Thank you, Mr. President. House Bill 1273, as amended, is a trailer bill to Senate Bill 1657, the Gun Dealer Licensing bill that we passed out of the Senate last spring. It does just a few things in response to concerns and complaints raised by opponents. To the allegation that this was an effort to license businesses out of business, we are mandating by statute that the licensure period be for five years and that the maximum licensure fee be one 10  STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 2/28/2018 thousand dollars, again, for five years, the equivalent of two hundred dollars per year. Second, in -- in response to complaints that the videotaping procedures would be onerous, we are delaying the effectiveness of the provision requiring videotaping at brick- and-mortar stores to 2021. And finally, in response to what I think is a -- a fairly outlandish concern, we are expressly stating, something I thought was implicit, that we are not mandating videotaping in bathrooms. So I would -- I would highlight for all that a vote against this bill is a vote for videotaping in bathrooms. I'd be happy to entertain any questions.

PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Senator Hastings, for what purpose do you rise?

Thank you, Mr. President. I have a question of the sponsor.

PRESIDING OFFICER: (SENATOR LINK) He indicates he will yield.

Senator Harmon, I had asked you a question in private; I just want to make sure for those owners in my district. We have gun dealers who operate online. The question is, is whether or not - - what defines the physical presence - whether it's their domicile, whether it's inventory, whether it's not? Would you care to explain, so I can answer the constituents at home?

PRESIDING OFFICER: (SENATOR LINK) Senator Harmon.

Thank you, Mr. President. Thank you for the question. I had a chance to go back and look at the underlying bill. The -- the 11  STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 2/28/2018 -- for purposes of videotaping, for instance, the physical presence requires a location that's open to the public. I presume, for the online dealers, that that is not applicable. I would still say that if they are located in Illinois and -- and do business from Illinois, they probably have a nexus for tax purposes, which I suspect is a nexus for licensure, and they should consider being licensed.

PRESIDING OFFICER: (SENATOR LINK) Senator Hastings.

So, in the event that they keep their inventory at a separate location which is run by a separate supplier, would they fall privy to this -- this law?

PRESIDING OFFICER: (SENATOR LINK) Senator Harmon.

Thank you, Mr. President. Senator, I can't answer that definitively in -- in the nature of giving legal advice. I -- I think it depends on the facts surrounding their business and how they are set up and where they are located.

PRESIDING OFFICER: (SENATOR LINK) Senator Hastings.

Thank you, Mr. President. To the bill, please.

PRESIDING OFFICER: (SENATOR LINK) To the bill.

As a responsible firearm owner and as a practicing attorney, there are -- I feel as if there are more requirements placed on 12  STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 2/28/2018 attorneys, there's more requirements placed on Realtors, more requirements placed on nurses, more requirements placed on aestheticians, more requirements placed on pretty much almost every professional service in the State of Illinois. And I know that I have voted for some bills that were favorable maybe toward certain industries, but it is more difficult to become a Realtor than it is to become a gun dealer. And I find that to be absurd. I find that to be something that, as a legislative Body, we should take action on, and I will be voting in support of this bill. I just want to say thanks to the sponsor for bringing this bill. I know for some of us who -- who are gun owners -- there's some concerns from gun owners in our community, but gun dealers should have a lot of licensing requirements, similar to other professions in the State of Illinois, and I urge a Aye vote. Thank you, Mr. President.

PRESIDING OFFICER: (SENATOR LINK) Is there any further discussion? Seeing none, Senator Harmon, to close.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is a -- a very simple bill. There is nothing in this bill that does not bend towards the opponents of the underlying bill. It is a response to some commonsense critic -- critiques and some more outlandish critiques, but I look forward to passing this bill so we can make passage of the underlying bill in the House a little bit easier. I ask you for your Aye votes.

PRESIDING OFFICER: (SENATOR LINK) The question is, shall House Bill 1273 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all 13  STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 2/28/2018 voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 30 Ayes, 23 Nays, none voting Present. House Bill 1273, having received the required constitutional majority, is declared passed. Will the Committee on Assignments please meet in the President's Anteroom immediately? Will the Committee on Assignments please meet in the President's Anteroom immediately? Senator Morrison, for what purpose do you rise?

For a point of personal privilege, Mr. President.

PRESIDING OFFICER: (SENATOR LINK) State your point.

It was my intention to have voted in the affirmative on Senate -- on House Bill 1273. I'd like to just be recorded as such.

PRESIDING OFFICER: (SENATOR LINK) The record will reflect your intention. Mr. Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR LINK) With leave of the Body, we'll turn to Supplemental Calendar No. 2. Senate Bill 1773. Senator Steans. Mr. -- or, Senator Steans, do you wish to proceed? Mr. Secretary, please read the 14  STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 2/28/2018 motion.

PRESIDING OFFICER: (SENATOR LINK) Could we keep the conversations down, please? We're on 3rd… Senator Steans, on your bill -- on your motion.

Thank you, Mr. President and Members of the Senate. So this is the first of two bills we're going to hear right now, 1773 - next will be Senate Bill 1573 - that comprise the hospital assessment bills. Both of them need to pass for them to both become enacted into law. These are the product of many negotiations by the legislative working group that included Member {sic} of all four caucuses. In this Chamber, I really want to thank Senator Syverson and Righter and Senators Jones and Aquino, who were all a part of that working group. Then, I -- IHA and HFS have been very involved, as well as the MCO groups. This bill is the assessment language itself. The second bill that we'll be doing, 15 -- 1573, has some language that we agreed to that's not -- as -- as closely related to the assessment, so not needed to be sent to the federal bureau -- the federal government for approval, so we put it in a separate bill. So, we all know the hospital assessment program is basically ending in June, a lot of it is expiring. It's a 3.5-billion-dollar program. Hospitals get assessed, pay the tax to the State, we pay -- get federal matching dollars for the Medicaid, and it gets redistributed back out to the hospitals. The -- we have to redo this. The federal government 15  STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 2/28/2018 had sunset a large portion of this program at the end of this year. So it's crucial that we pass this and are able to then put an -- forward to the federal government for their approval, or we lose that 3.5-billion-dollar program. One of the major goals that we're doing with this bill -- we're doing a few things. One, we're having a much more of a claims-based payment program, rather than a static payment program. Over the course of the six-year assessment program we're putting in place, it starts with the first two years, at eighteen percent of the dollars that are going in, will follow the patient. And by the end of year six, it will be up to fifty percent of the dollars will be following the patient. It also is increasing rates for the hospitals - twenty-three percent for outpatient services, ten percent for inpatient services. We're also prioritizing new dollars for safety-net and critical access hospitals. And we're including three hundred and sixty million of new funding that in large part goes to protect and make sure that those safety-net and critical access hospitals, which take care of a large portion of Medicaid patients, are reimbursed adequately. It also is preserving the seven hundred and fifty million for -- what we call is the State scrape that goes back to the State to help fund other medical-related programs in the State. And we're modernizing and updating the data on which the whole program is based. We've been relying on data from 2005 and 2009. Under this new assessment program, we'll be using data from 2015 and ensuring that we then update it every two years as well. Finally, it creates a hospital transformation pool available for some of the hospitals that there's a -- you know, a need to be able to transform to modernize the way that they are providing delivery services in their own communities and putting in place a 16  STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 2/28/2018 hospital transformation committee that's comprised of all four caucuses to oversee how that transformation occurs over time. I'll -- I'll end there. Look forward to any questions you may have. Very much look forward to your Aye vote. And really appreciate the many hours so many folks in this Chamber and in the House have spent getting us to where we are with the program.

PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Senator Syverson, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR LINK) To the bill.

PRESIDING OFFICER: (SENATOR LINK) Is there any further discussion? Senator Hunter, for what 17  STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 2/28/2018 purpose do you rise?

To the bill, Mr. President.

PRESIDING OFFICER: (SENATOR LINK) To the bill.

I -- I, too, would like to commend the sponsor, as well as the committee and the staff, for bending over backwards to accommodate the safety-net programs -- safety-net hospitals. I happen to have at least two to three safety-net hospitals in my district and the presidents were constantly, on a regular basis for the past -- more than -- more than a year, calling, complaining about not having enough dollars to operate their -- their programs, and lots of pressure was put on all of us to get this thing done. And so I'd like to commend everybody for sticking together, not faltering, and doing the -- the right thing for the people of the State of Illinois. So thank you very much.

PRESIDING OFFICER: (SENATOR LINK) Is there any further discussion? Seeing none, Senator Steans, to close.

Great! Well, I -- you know, I -- I appreciate that. That's -- I see the House Chair, who had worked with us, Representative Greg Harris, came in. Want to thank him as well. Also, just to note that along with him, there were some others - Sara Feigenholtz, Robyn Gabel have been very involved, and Tom Demmer, Patti Bellock, Ryan Spain on the Republican side there. We spent way too many hours and got to know each other way too well. Thank you all. Look forward to your Aye votes and I really appreciate 18  STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 2/28/2018 the way in which this was done in a very cooperative fashion.

PRESIDING OFFICER: (SENATOR LINK) The question is, shall the Senate concur with House Amendments 3, 8, and 9 to Senate Bill 1773. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 Ayes, 3 Nays, 1 voting Present. Having received the required constitutional majority, the Senate does concur with House Amendments 3, 8, and 9 to Senate Bill 1773, and the bill is declared passed. Senate Bill 1573. Senator Steans. Mr. Secretary, please read the motion.

PRESIDING OFFICER: (SENATOR LINK) Senator Steans, on your motion.

Thank you, Mr. President and Members of the Senate. This is the companion bill to the bill we just passed. Senate Bill 1573 does -- makes changes related but not directly on the assessment. It includes the Department of Healthcare and Family Services needing to use the regular procurement process, not the purchase of care contract in the future. And it also ensures that managed -- information around the managed care organizations claim processing and payment performance will be posted on the Healthcare and Family Services website on a quarterly basis. So look forward -- this -- again, this one only becomes law if both bills get passed and vice versa. And again, there was agreement on this by 19  STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 2/28/2018 both sides of the aisle, with the other Chamber as well, and as well as HFS. Thank you very much.

PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Senator Righter, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR LINK) To the motion.

PRESIDING OFFICER: (SENATOR LINK) Is there any further discussion? Senator Jones, for what purpose do you rise?

To the motion, Mr. President.

PRESIDING OFFICER: (SENATOR LINK) To the motion. 20  STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 2/28/2018

I would like just to thank Senator Steans, Senator Righter, Senator Syverson, and all the staff - Becky, Elizabeth. For the past few months, we have been working on this legislation, trying to come to an agreement. We have made great, great, great headway, and learned a lot dealing with hospitals over these last few months. I do believe we still have a lot of work in this State when it comes to health care. We're getting all this federal money. I do believe we do need to come up with our own State plan to -- to work with the federal government to make sure every hospital is always taken care. We should never rely just on the federal government. Each state has their own obligation and responsibility to come up with their own health care plan. So, again, I would like to thank everybody that has been involved in this -- this work. We have spent many, many weekends. I believe, Super Bowl Sunday, we was on a conference call taking care of this. So, thank you.

PRESIDING OFFICER: (SENATOR LINK) Is there any further discussion? Seeing none, Senator Steans, to close.

Great! Yes, I did want to just close in also thanking the staff. Becky Locker and Elizabeth Nelson have put in an inordinate number of hours, as I know the Republican staff has as well. Thank you very much for your consideration on this today and look forward to your Aye votes.

PRESIDING OFFICER: (SENATOR LINK) The question is, shall the Senate concur with House Amendments 1 and 2 to Senate Bill 1573. All those in favor will vote Aye. 21  STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 2/28/2018 Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, 1 voting Present. Having received -- having received the required constitutional majority, the Senate does concur with House Amendments 1 and 2 to Senate Bill -- 1573, and the bill is declared passed. Senator Harmon, for what purpose do you rise?

Thank you -- thank you, Mr. President. For purposes of an introduction, if this would be a good time.

PRESIDING OFFICER: (SENATOR LINK) State your introduction.

Thank you, Mr. President. I am pleased to be joined on the Senate Floor here today by two Pages, two constituents, both who were interns in my district office in the last year. The first is Grace Scully - Grace, stand on up - and Max Freeman, and -- and Grace's mom, Debra Fenwick, is up in the gallery too. They are both highly decorated students. Grace is the president of the Spanish Club and the New ERA, a gender equality club, as well as captain of the varsity Debate Team. Max is the president of the Youth Action and Civics Club, and the varsity Tennis Team, both at Oak Park-River Forest High School. They have been wonderful additions in my district office and I'm glad that they could be down here today with us in Springfield on such an eventful day. So please join me in giving them a great Senate welcome. Thank you, Mr. President.

PRESIDING OFFICER: (SENATOR LINK) Welcome to Springfield. Senator McGuire, for what purpose do 22  STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 2/28/2018 you rise? SENATOR McGUIRE: Point of personal privilege, Mr. President.

PRESIDING OFFICER: (SENATOR LINK) State your point. SENATOR McGUIRE: Above the podium in the President's Gallery is a man that towers over all of us, former State Senator Larry Walsh, current Will County Executive. Welcome back, Larry.

PRESIDING OFFICER: (SENATOR LINK) Welcome back. Senator Murphy, for what purpose do you rise?

Thank you, Mr. President. Point of personal privilege.

PRESIDING OFFICER: (SENATOR LINK) State your point.

I'd like to also recognize in the gallery, in the Democratic side, the Leadership of {sic} Greater Chicago. It's their first trip to Springfield and I'd love the Body to join me in welcoming them to Springfield. Would you stand?

PRESIDING OFFICER: (SENATOR LINK) Welcome to Springfield. With leave of the Body, we'll turn to page 6 of the printed Calendar. Senate Bill 576. Senator Bush. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LINK) 23  STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 2/28/2018 Senator Bush, on your bill.

Thank you, Mr. President, Members of the Senate. Senate Bill 576 eliminates the Human Rights Act exemption for the immediate personal staff of elected officials. Under current law, immediate personnel -- personal staff do not count as employees for purpose of the Human Rights Act and therefore are not entitled to assert claims of human rights violations under the Act, including claims for sexual harassment. I would urge an Aye vote. I'm happy to answer any questions. It is time we right this wrong.

PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall Senate Bill 576 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. Senate Bill 576, having received the required constitutional majority, is declared passed. With leave of the Body, we'll turn back to Supplemental Calendar No. 1. House Bill 772. Senator Morrison. Senator Morrison seeks leave of the Body to return House Bill 772 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is House Bill 772. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LINK) Senator Morrison, on your amendment.

Thank you, Mr. President. I'd like to adopt the amendment 24  STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 2/28/2018 and discuss on 3rd.

PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is -- all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment has been adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Now on the Order of 3rd Reading is House Bill 772. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LINK) Senator Morrison, on your bill.

Thank you, Mr. President, Members of the Senate. Two weeks ago today, the students in my school districts got dressed and were dropped off for school or they took a bus or they walked, and I bet the same thing happened in your districts. And the teachers got there ahead of the kids and they were getting ready for their classes, preparing for their day. There was probably chatter and slamming of lockers. Same thing happened in Parkland, Florida. Alex Schlacter {sic} (Schachter) was fourteen and probably had to talk -- think about when he was going to get his marching band practice in. Peter Wang, fifteen, was in the Junior ROTC. I bet he had a meeting that afternoon. Scott Beigel was a geography 25  STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 2/28/2018 teacher. He was only thirty-five. Nicholas Dworet, probably had already been to swim practice, because he had accepted a position at the University of Indianapolis on their swim team for the next year. Cora {sic} (Cara) Loughran, fourteen, was talking to her friends about the Drake School of Irish Dance and the next competition, probably next month. None of them were preparing for what they were going to be doing the rest of the day. This bill will empower family members, who are often the first people to notice that a person is exhibiting violent behavior, to remove firearms from those who they perceive to be a dangerous individual. According to a recent study, eighty percent of people considering suicide give some sign of their intentions, and thirty-eight out of the sixty-two mass shooters in the last twenty years were reported as displaying signs of dangerousness prior to those killings. In many recent mass shootings, community members noted warning signs before, but there was nothing they could do to remove the shooter's access to guns before the tragedy. Family members, classmates, and associates are the people most often in this position, such as the people around Nicholas Cruz, who killed seventeen and injured fifteen more in a mass shooting on February 14th. It has been noted that Nicholas exhibited many warning signs of being unstable to those around him, including statements about harming himself and others, as well as posting online his desire to be a professional school shooter. However, nothing was done to remove his access to guns. Other families could have benefitted from similar legislation, including parents of Elliot Rodger, who in 2014 killed six people in the college town of Isla Vista, California, before killing himself. Rodger's parents contacted his therapist weeks before the killing spree with concerns about 26  STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 2/28/2018 his behavior and the YouTube videos he had made, and the therapist contacted the police, who interviewed him, but nothing more was done to remove guns from his access. Similarly, and notably, Jared Lee Loughner shot and killed six people and wounded thirteen others, including Congresswoman Gabrielle Giffords, in a parking lot in Tucson in January 2011. And at one point, his parents had become so concerned about his behavior, they took away his shotgun, but they couldn't take any further action to restrict his access to guns. House Bill 772 creates the Lethal Violence Order of Protection Act, which allows a petitioner to file a verified petition for a lethal violence order of protection alleging that the respondent poses an immediate and present danger of causing personal harm to himself, others, or another by having access to firearms. A petitioner may be either a family member of the respondent or a law enforcement officer. The petitioner has the burden of proving, by a preponderance of the evidence, that the respondent poses a significant danger of personal injury by having access to a firearm. And if the court finds that there is a preponderance of the evidence, it shall issue an order of protection that requires the respondent to, one, refrain from having his or her -- in his or her custody or control, owning, purchasing, possessing, or receiving additional firearms for the duration of the order; and, two, turning over to law enforcement any Firearm -- FOID Card or CCL in his or her possession. This is an -- this is an important piece of legislation. It's time for Illinois to act. I'm more than happy to take your questions. And I would respectfully ask for your vote as you consider the schools, the individuals, and people in your district and the outcry that we have heard not just in the last two weeks, but in the past 27  STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 2/28/2018 several years. This bill provides for due process. Thank you, Mr. President.

PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Senator Hutchinson, for what purpose do you rise?

Thank you, Mr. President. Will the sponsor yield?

PRESIDING OFFICER: (SENATOR LINK) She indicates she will.

So I stand, actually, in support of this bill. I recognized at the very last minute that there was a notation in terms of some opposition from the Illinois Coalition Against Domestic Violence. I wanted to speak to that part of the bill right there. So, Senator Morrison, could you explain the two different ways that this procedure could take into place, so that we can get through the due process questions and then I can clarify some of the concerns for the advocate {sic}?

PRESIDING OFFICER: (SENATOR LINK) Senator Morrison.

Thank you -- thank you for your question, Senator. There are two ways. First, is an emergency order -- or an emergency petition, where the petitioner believes that it is in -- that he or she is in imminent danger or those around the respondent are in imminent danger. It's an ex parte petition, which means, for those of us who are non-lawyers, the few of us on the Floor, that the respondent is not notified. The petitioner -- ex parte means the person is not there. The -- the petitioner goes to court, he 28  STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 2/28/2018 appears in front of the judge, the judge listens to the explanation and the concerns of the immediate danger. The judge uses five factors to consider whether or not this is actually an immediate danger and then makes the decision in a ruling. If the petition is granted, local law enforcement goes immediately to the home of the respondent, serves the notice, and removes the firearms. That person then will have within fourteen days an opportunity to go back to court, and hopefully it is less than fourteen days to appear back in court, and present his side and bring his testimony in front of the judge so that an entire picture can be drawn for the judge to then re-evaluate the request. That's the emergency order. The other is a more routine order, where the respondent, who is being challenged about his mental stability, is given legal notice and is asked to appear in court within thirty days. That person has seven days to respond then to the court, indicating that he has received the order -- or, excuse me, the notice. The very same procedure goes forward then.

PRESIDING OFFICER: (SENATOR LINK) Senator Hutchinson.

Thank you for that explanation. I think one of the things that -- the concerns that was raised is that in that notification, in the seven days where the person has to show up in court, in a domestic violence situation, we know that it takes anywhere on average from five to eight times of attempts to leave before you actually leave and those attempts, five, six, seven, and eight, tend to be the most dangerous. So one of the things that the Illinois Coalition Against Domestic Violence has said, they want to work with you to continue to make sure that we have something 29  STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 2/28/2018 in place for this not being a situation where the -- the person that we're worried about is provoked, putting someone who lives in the home in even more danger. So I started calling and texting to make sure that this -- when this bill came down today that we'd be able to work towards that. This doesn't have an immediate effective date, so I want to assure everyone that this is something that we'll be looking into. We'll probably have a trailer bill. I know that Senator Sims has another bill that's working on some of the similar issues with that. We've reached out to the Coalition and assured them that we'll be with them every step of the way to make sure that this bill can move forward, considering the unimaginable situation that none of us ever want to see ourselves in. So thank you for bringing the measure, but I wanted to make sure that that didn't get lost in the discussion and that we had an -- a way to move forward on just that one minor or small point. Thank you.

PRESIDING OFFICER: (SENATOR LINK) Senator Bush, for what purpose do you rise?

To the bill, Mr. President.

PRESIDING OFFICER: (SENATOR LINK) To the bill.

Senator Morrison, I'd like to thank you for bringing this bill forward and, if I could, I'd just like to tell you how important I think this bill is. I think for all of us on both sides of the aisle, we know there comes a time where common sense has to win out, where working together to do something right has to win out. This can't be a black-and-white fight anymore. I'll 30  STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 2/28/2018 tell you, when I saw - I'm sure many of you felt the same way - when I saw the students and families in Florida, when I listened to those incredible voices from those children, I can't unhear it. I won't unhear it. I won't unsee the videos. I think this is a really good step forward. Is it perfect? Probably not. Can we -- do we get another bite at the apple? Yeah, we do. We can still make changes to this. Those children that we have lost do not get another bite at the apple. They don't get another apple, period. And it's time for us to put aside black-and-white arguments about guns in this country. This is about gun safety. It's about saving lives. And I'm so honored to have had conversations with Members across the aisle that have been so thoughtful. It's just time. Thank you so much, Senator Morrison. I know this is something you've worked on for a long time that sat there for a while. Let's not let it sit there anymore. Let's do the right thing. I'm -- I'm asking you to vote Yes. Thank you so much.

PRESIDING OFFICER: (SENATOR LINK) Senator Oberweis, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR LINK) She indicates she will yield.

PRESIDING OFFICER: (SENATOR LINK) Senator Morrison.

Senator, absolutely, as well as the FOID and concealed carry card they will have turned over to local law enforcement during that period of time.

PRESIDING OFFICER: (SENATOR LINK) Senator Oberweis. 32  STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 2/28/2018

PRESIDING OFFICER: (SENATOR LINK) Senator Morrison. Senator Morrison.

Senator Oberweis, I am assured by staff it's in the text of the bill. If you would give me the courtesy of showing you afterwards, I'd be happy to walk over and show it to you. It's going to take a couple of minutes otherwise. But it is absolutely my intent, and so let me put that in the record, that any firearms that were removed and unjustifiably so should be returned immediately upon the judge's reconsideration.

PRESIDING OFFICER: (SENATOR LINK) Senator Oberweis.

PRESIDING OFFICER: (SENATOR LINK) Senator Morrison.

I certainly would.

PRESIDING OFFICER: (SENATOR LINK) 33  STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 99th Legislative Day 2/28/2018 Is there any further discussion? Seeing none, Senator Morrison, to close.

Thank you, Mr. President, Members of the Senate. Thank you for listening. I would like to restate my to -- commitment to working with Senator Hutchinson to resolve some of the concerns about domestic violence that I think could be fine-tuned in this legislation. This bill will not go into effect until July 1st, 2019. That gives us ample time to work on this. Two weeks ago, things -- the dynamics of -- of this discussion changed, because the young people across the country became engaged. It's the kids that have made us pay attention finally. I don't think it's enough to say our prayers and thoughts and condolences are with you, victims and families of victims. It's time for us, as legislators, to do what we were sent to do and that is to create a better and safer Illinois. I would be grateful for your support.

PRESIDING OFFICER: (SENATOR LINK) The question is, shall the -- shall House Bill 772 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 40 Ayes, 14 Nays, none voting Present. House Bill 772, having received the required constitutional majority, is declared passed. I have an announcement. Executive will meet in Room 212 immediately. State Government will meet in Room 409 immediately. Licensed Activity {sic} (Activities) and Pensions will meet in Room 400 immediately. And Revenue will meet at 4:15 in Room 212. Mr. Secretary, Messages from the House.

PRESIDING OFFICER: (SENATOR LINK) Mr. Secretary, House Bills 1st Reading.

PRESIDING OFFICER: (SENATOR LINK) Mr. Secretary, Appointment Messages.

PRESIDING OFFICER: (SENATOR LINK) There being no further business to come before the Senate, the Senate stands adjourned till the hour of 11:30 a.m. on the 1st day of March 2018. The Senate stands adjourned. 36