PRESIDING OFFICER: (SENATOR HAINE) 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 invocation today will be given by Rabbi Meir Moscowitz, Lubavitch Chabad of Illinois, Northbrook, Illinois. Rabbi.
(Prayer by Rabbi Meir Moscowitz)
PRESIDING OFFICER: (SENATOR HAINE) Please remain standing for the Pledge of Allegiance. Senator Bertino-Tarrant.
(Pledge of Allegiance, led by Senator Bertino-Tarrant)
PRESIDING OFFICER: (SENATOR HAINE) Lisa Yuscius, of the Blueroomstream {sic} (Blueroomstream.com), seeks permission to video the proceedings. Seeing no objection, that will be allowed. Mr. Secretary, Reading and Approval of the Journal.
Senate Journal of Tuesday, March 13th, 2018.
PRESIDING OFFICER: (SENATOR HAINE) Senator Bertino-Tarrant.
Mr. President, I move to postpone the reading and approval of the Journal just read by the Secretary, pending arrival of the printed transcripts.
PRESIDING OFFICER: (SENATOR HAINE) Senator Bertino-Tarrant moves to postpone the reading and approval of the Journal, pending arrival of the printed 1 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 transcripts. There being no objection, so ordered. Mr. Secretary, Resolutions.
Senate Resolutions 1518 through 1520, offered by Senator Anderson and all Members. And Senate Resolutions 1521 and 1522, offered by Senator Haine and all Members. They are all death resolutions, Mr. President.
PRESIDING OFFICER: (SENATOR HAINE) Mr. Secretary, Resolutions Consent Calendar.
Senate Joint Resolution 58, offered by Senator McCann. It is substantive.
PRESIDING OFFICER: (SENATOR HAINE) Mr. Secretary, Committee Reports.
Senator Bertino-Tarrant, Chairperson of the Committee on Education, reports Senate Bills 2648, 2838, 2939, 3201, 3226, 3236, and 3249 Do Pass; Senate Bill 2654 Do Pass, as Amended; Senate Resolution 1411 Be Adopted; Senate Resolution 1413 Be Adopted, as Amended. Senator Tom Cullerton, Chairperson of the Committee on Veterans Affairs, reports Senate Bills 3191, 3192, 3193, and 3301 Do Pass. Senator Van Pelt, Chairperson of the Committee on Public Health, reports Senate Bills 3080, 3195, 3503, and 3532 Do Pass; Senate Bills 2442, 2524, 2889, and 2913 Do Pass, as Amended; Senate Amendment 2 to Senate Bill 272 and Senate Amendment 3 to Senate Bill 2866 Recommend Do Adopt; Senate Resolution 1419 Be Adopted; 2 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 Senate Resolution 1397 Be Adopted, as Amended; Senate Amendment 1 to Senate Resolution 1301 Recommend Do Adopt; and House Bill 2984 Do Pass, as Amended. Senator Morrison, Chairperson of the Committee on Human Services, reports Senate Bills 2839, 3117, 3223, 3232, and 3535 Do Pass; and Senate Bills 2491 and 2903 Do Pass, as Amended. Senator Raoul, Chairperson of the Committee on Judiciary, reports Senate Bills 2520, 3052, 3261, 3295, 3443, 3504, and 3543 Do Pass; Senate Bills 2437 and 2660 Do Pass, as Amended. Senator Bennett, Chairperson of the Committee on Criminal Law, reports Senate Bills 3256, 3263, 3388, and 3513 Do Pass; Senate Bills 2557, 3404, and 3411 Do Pass, as Amended. Senator Stadelman -- or Senator -- excuse me, Senator Sandoval, Chairperson of the Committee on Transportation, reports Senate Bills 2285, 2291, 2293, 2511, 2585, 2641, 3010, 3024, and 3266 Do Pass; Senate Bill 3241 Do Pass, as Amended; and Senate Resolution 1088 Be Adopted. Senator Stadelman, Chairperson of the Committee on Gaming, reports Senate Bill 3531 Do Pass. Senator Silverstein, Chairperson of the Committee on Local Government, reports Senate Bills -- Senate Bill 2940 Do Pass; and Senate Bill 2638 Do Pass, as Amended. Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to Agriculture Committee - Committee Amendment 1 to Senate Bill 2295; refer to Committee and -- Commerce and Economic Development Committee - Committee Amendment 1 to Senate Bill 2899; refer to Criminal Law Committee - Senate Bill 1997 and Senate Bill 3500; refer to Education Committee - Senate Bill 3507; refer to 3 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 Environment and Conservation Committee - Senate Resolution 1416; refer to Executive Committee - Committee Amendment 1 to Senate Bill 3019, Committee Amendment 1 to Senate Bill 3136, Committee Amendments 1 and 2 to Senate Bill 3291, Committee Amendment 1 to Senate Bill 3296, and Senate Bill 1901; refer to Human Services Committee - Senate Bill 2552; refer to Insurance Committee - Floor Amendment 1 to Senate Bill 338, Committee Amendment 1 to Senate Bill 2316, Committee Amendment 2 to Senate Bill 2513, Committee Amendments 2 and 3 to Senate Bill 2851, Committee Amendment 1 to Senate Bill 3244, and Senate Bill 3063; refer to Judiciary Committee - Senate Bills 1246 and 2573, and Senate Joint Resolution 55; refer to Licensed Activities and Pensions Committee - Committee Amendment 1 to Senate Bill 2877, Committee Amendment 1 to Senate Bill 2631, Floor Amendment 1 to Senate Bill 2864, Committee Amendment 1 to Senate Bill 3073, Committee Amendment 1 to Senate Bill 3255, Committee Amendment 1 to Senate Bill 3395, and Senate Bill 3240; refer to Revenue Committee - Floor Amendment 1 to Senate Bill 486, Committee Amendment 1 to Senate Bill 2305, Committee Amendment 1 to Senate Bill 2539, Committee Amendment 1 to Senate Bill 3093, Committee Amendment 1 to Senate Bill 3445, and Committee Amendment 1 to Senate Bill 3505; refer to State Government Committee - Senate Resolution -- Senate Resolutions 1437, 1472, Committee Amendment 1 to Senate Bill 3106, Committee Amendment 1 to Senate Bill 3151, Committee Amendment 1 to Senate Bill 3464; refer to Transportation Committee - Senate Joint Resolution 47; Be Approved for Consideration - Senate Bills 293, 443, 1008, Floor Amendment 1 to House Bill 1465, Floor -- Floor Amendment 1 to House Bill 1467. Pursuant to Senate Rule 3-8 (b-1), the following amendments will remain in the Committee on Assignments: Committee 4 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 Amendment 1 to Senate Bill 2607 and Committee Amendment 1 to Senate Bill 3131. Signed, Senator James F. Clayborne, Chairman. Senator Clayborne, Chairman of the Committee on Assignments, reports the following -- Legislative Measures have been assigned: Re-refer to Transportation Committee - Floor Amendment 1 to Senate Bill 1008. Signed, Senator James F. Clayborne, Chairman.
PRESIDING OFFICER: (SENATOR HAINE) Mr. Secretary, House Bills 1st Reading.
House Bill 4253, offered by Senator Manar. (Secretary reads title of bill) House Bill 4514, offered by Senator Althoff. (Secretary reads title of bill) 1st Reading of the bills.
PRESIDING OFFICER: (SENATOR HAINE) Senator Manar, for what purpose do you rise?
For an announcement, Mr. President.
PRESIDING OFFICER: (SENATOR HAINE) State your announcement, Senator.
There will be a Senate Democratic Caucus upon recess for approximately forty-five minutes in the Senate President's Office.
PRESIDING OFFICER: (SENATOR HAINE) Thank you. Senator Rooney, for what purpose do you rise?
Mr. President, the Senate Republicans request a caucus over 5 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 the same time frame.
PRESIDING OFFICER: (SENATOR HAINE) Thank you. The Senate will recess to the call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR MUÑOZ) The Senate will come to order. Will all Members please come to the Senate Floor? We'll be going to House Bills 3rd Reading, final action. Please come to the Senate Floor. Senator Steans, for what purpose do you seek recognition?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR MUÑOZ) Please proceed, Senator.
Yes, I wanted to just introduce and welcome the Chicago Montessori schoolkids are here with their leader, Colin Palombi. Please stand up, give a wave, and welcome them to Springfield. So glad you guys are here.
PRESIDING OFFICER: (SENATOR MUÑOZ) Will our guests in the gallery please rise? Welcome to the Senate. Mr. Secretary, Resolutions.
Senate Resolutions 1523 and 1524, offered by Senator McConnaughay and all Members. They are both death resolutions, Mr. President.
PRESIDING OFFICER: (SENATOR MUÑOZ) Mr. President -- Mr. Secretary, Consent Calendar on the 6 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 Resolutions.
And Senate Joint Resolution 59, offered by Senators Syverson, Rezin, and Rooney. It is substantive.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Holmes, for what purpose do you seek recognition?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR MUÑOZ) Please proceed, Senator.
Good afternoon, everybody. I want to make an announcement. Our very own Senator Melinda Bush has a birthday on Sunday. I want to wish her a very, very happy birthday and let you know there is cake in our back room here should you want some. Happy birthday, Melinda, my wonderful seatmate.
PRESIDING OFFICER: (SENATOR MUÑOZ) Happy birthday, Senator. Senator Hastings, for what purpose do you seek recognition?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR MUÑOZ) Please proceed, Senator.
I'd like to introduce the Wolf family. Josh and Megan Wolf are the parents of these two awesome young lads from the South Side of Chicago. I just want to introduce - say your name…
7 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 Ryan Wolf.
And your name is…
Brendan Wolf.
So Brendan's seven years old. His favorite sports are basketball, soccer, and swimming. He's swam for three years. He likes gym and art. He binge watches Tom and Jerry and he's a big fan of the Titanic, so he's a romantic, right here. And then I have Ryan, who's nine years old. He was born on September 9th of 2008. He was one year short of being 9-9-9 on his birthday. He -- he likes chess. He's an expert chess player, so he will take on anyone in the Chamber. He likes gym, he likes social studies, he loves the Flash, Green Arrow, and his favorite movie is Black Panther. He loves the Black Panther. So I hope that we can give 'em a warm Springfield welcome, to the Wolf family and the two boys here.
PRESIDING OFFICER: (SENATOR MUÑOZ) Welcome to the Senate. 3rd Reading, final action. Senator Koehler, for what purpose do you seek recognition?
Just for an announcement, Mr. President.
PRESIDING OFFICER: (SENATOR MUÑOZ) Please proceed, Senator.
Since John Sullivan is no longer one of the Senators here in Springfield, it has fallen on me, since my wife is Nora Sullivan - and she just did her DNA test and she is eighty-three percent 8 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 Irish - to announce that there will be a special St. Patrick's Day celebration with the Sullivan Caucus on Wednesday, April 11th, when we get back. And that's going to be at the Gin Mill from 5 to 9. So the Sullivan Caucus is on Wednesday, April 11th.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Bush, for what purpose do you seek recognition?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR MUÑOZ) Please proceed.
Excuse me, can I have your attention?
PRESIDING OFFICER: (SENATOR MUÑOZ) Can we have quiet? Can we quiet the noise down, please?
Thank you. Thanks. Turnabout is fair play. I would like to say that Senator Holmes celebrates a birthday this Friday and if you would please wish her a happy birthday and have some of my cake for her too. Thanks.
PRESIDING OFFICER: (SENATOR MUÑOZ) Happy birthday, Senator. House Bill 1467. Senator Raoul seeks leave of the Body to return House Bill 1467 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 1467. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Raoul.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul, on your amendment. 9 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018
Floor Amendment 1 deletes all and becomes the bill. I'll explain it on 3rd.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? 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?
No further amendments reported.
PRESIDING OFFICER: (SENATOR MUÑOZ) 3rd Reading. Mr. Secretary, read the bill.
House Bill 1467. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Can we get a little quiet, please? Keep the noise down. Thank you. Senator Raoul.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Today, I join with a bipartisan group of colleagues, who did participate in the symbolic walkout, commemorating the victims of the Parkland massacre. But symbolic walkout is not the only thing we can do. I think the walkouts are calling for us to act and Senate Bill 14 -- House Bill 1467 is one of the actions we can take. House Bill 1467 provides that an individual commits a crime of unlawful use of a weapon when he or she sells, manufactures, purchases, possesses, or carry -- carries a bump stock or trigger crank. In addition, the bill provides that municipalities, 10 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 including home -- home rule units, may regulate assault weapons as long as the regulation is not less restrictive than State law. Mr. President, I should note that the definition of bump stock and trigger crank in this bill has been amended to take in recommendations from the Illinois State Rifle Association. I urge your support.
PRESIDING OFFICER: (SENATOR MUÑOZ) We have Brenden Moore, SJ-R, record audio and take pictures. Also, Sam Dunklau, Illinois Public Radio, photograph the proceedings. There being no objection -- also, Kayla, WCIA, video and audio, request permission. There being no objection, leave granted on all. Is there any discussion? Senator Anderson, for what purpose do you seek recognition?
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR MUÑOZ) To the bill, Senator.
I just want to make the Body aware there is some -- some good news here with this bill. As of last week on a federal level, the President's administration has banned bump stocks nationwide. So we're -- bump stocks are banned as of last week. That's the good news. Now to the -- to the more intricate parts of this bill, I do have -- and -- and I've went over it with staff and -- and talking about the trigger language in here and there's still some concern with the language…
PRESIDING OFFICER: (SENATOR MUÑOZ) Excuse me, Senator. Can we keep the noise down? Go ahead, proceed, Senator. 11 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018
Thank you, Mr. President. There's still a -- a -- a -- some -- some questions about the trigger language. My concern is, is -- as an avid shooter myself, one thing if you ask any avid shooter, any police officer, when you buy a gun, the first thing you do is you modify the trigger. Modifying the trigger for personal use, everybody pulls different and the weight is adjusted for -- for that person and it makes it more accurate, especially when your competition shooting or target shooting. And I haven't got a clear answer if doing that under this language would be forbidden. The last thing I want is to be a felon because I modified my trigger on my guns on my conceal carry weapon, on my target shooting weapons, even the guns that I shoot pheasant and deer with. The other concern I have and I find it -- I find it funny, under this bill, it would ban production of reproduction guns or some -- some guns for reenactments. You know, when we talk about this legislation -- one thing always comes up when you're -- when you're talking to people about any legislation and that's - and I know you've all heard it before - that if we don't remember and learn from our history, we're bound to repeat it. Well, when it comes to the Second Amendment, I will say, if we don't understand why we have that right and why it's there, we are bound to repeat history. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Righter, for what purpose you seek recognition?
Thank you very much, Mr. President. To the bill, if I might.
PRESIDING OFFICER: (SENATOR MUÑOZ) To the bill, Senator. 12 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018
Thank you, Mr. President, Ladies and Gentlemen of the Senate. One of the consistent and adamant cries that we have heard from Members of this General Assembly, oftentimes, Mr. President, from the Majority Party, is a cry for bipartisanship and the notion that Republicans and the gun lobby, the Second Amendment advocates, need to come forward and say, we can do this. Senator Connelly, Senator Nybo, Senator Anderson, Senator Haine, all have bills on issues related to this that are sitting in Assignments going nowhere, including a bump stock ban that would get broad bipartisan support. But that one is going to sit in Assignments and, instead, we're going to bring one from the House that adds language. We're going to put an amendment on here that repeals an agreement from five years ago, and why? So we can have a debate, so we can have an argument. You have the opportunity - you do - to bring proposals out that Republicans and Democrats can support together, including the much-hailed bump stock ban. But you choose instead to put language in that is a poison pill, which leads the objective observer more and more and more to the conclusion that you don't really want bipartisan compromise and progress on these issues - you want the issue. And that's what this bill is. That's what this bill is. If you would vote this down and bring out the bump stock ban that is filed in the Senate, that Republicans and Democrats can both vote for, we could all join hands together and have the bipartisan victory that you all say you want. But that's not what we're going to do. We're going to load it up with language that you know Republicans and Second Amendment advocates are not for and you'll go out and claim your victory. Thank you, Mr. President. 13 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018
PRESIDING OFFICER: (SENATOR MUÑOZ) Any further discussion? Senator Raoul, to close.
Thank you, Mr. President. I appreciate the passion expressed by the previous speaker. Mr. President, I'm passionate too. I'm passionate about trying to protect kids, like the kids who are here with us today. With regards to bipartisanship, the bump stock language in this bill is identical to the language in Senator Nybo's bill. The trigger crank language accounts for what Senator Anderson referenced. And so that is what compromise is about. And with regards to empowering the local communities, I hear that constantly from the other side of the aisle, respecting local communities. So even that element is bipartisan. We don't say just municipalities controlled by Democrats, but municipalities controlled by Republicans will have the equal right to say that they don't want assault weapons within those municipalities because they want to protect their schoolchildren. With any constitutional amendment, we do a balancing act in protecting important compelling State interests. There is no more compelling State interest than protecting our children, protecting our children in their schools. And so if there's a municipality, whether controlled by a Republican or a Democrat, that wants to say they don't -- do not want assault weapons, they should be able to say that. And if you want to deny them of that right to protect their kids, then vote No on this bill. But if you want to empower the municipalities to protect their children, I urge an Aye vote.
PRESIDING OFFICER: (SENATOR MUÑOZ) The question is, shall House Bill 1467 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all 14 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 37 voting Aye, 16 voting Nay, 3 voting Present. House Bill 1467, having received the required constitutional majority, is declared passed. House Bill 1468. Senator Morrison. Mr. Secretary, read the bill.
House Bill 1468. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Morrison.
Thank you, Mr. President, Members of the Senate. House Bill 1468 increases the waiting period to receive an assault weapon after purchase from twenty-four hours to seventy-two hours. I'm happy to answer any questions.
PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Any discussion? There being none, Senator Morrison, to close.
I would respectfully request an Aye vote.
PRESIDING OFFICER: (SENATOR MUÑOZ) The question is, shall House Bill 1468 pass. All those in favor, 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 43 voting Aye, 15 voting Nay, 0 voting Present. House Bill 1468, having received the required constitutional majority, is declared passed. Order in the Senate. Senator Haine, can you come to the podium, please? 15 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 Oh! Wait. One… Senator Link in the Chair.
PRESIDING OFFICER: (SENATOR LINK) House Bill 1465. Senator Muñoz. Senator Muñoz seeks leave of the Body to return House Bill 1465 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is House Bill 1465. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Muñoz.
PRESIDING OFFICER: (SENATOR LINK) Senator Muñoz, on your amendment. SENATOR MUÑOZ: Thank you, Mr. President. I will explain it on 3rd Reading. I ask for its adoption.
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?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Now on the Order of 3rd Reading is House Bill 1465. Mr. Secretary, please read the bill.
House Bill 1465. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) 16 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 Senator Muñoz, on your bill. SENATOR MUÑOZ: Thank you, Mr. President, Ladies and Gentlemen of the Senate. This House Bill 1465 bans the sale, delivery, and possession of assault weapons, assault weapon attachments, .50 caliber rifles, and .50 caliber cartridges to anyone under the age of twenty-one. In addition, it also lists the following factors as an affirmative defense -- as an affirmative defense to those under twenty-one. Initially, when the bill came from the House -- the reason why we put on the amendment, because it is an affirmative defense in the four factors that I will explain. That was the initial amendment and I will explain it to you now. One, the person owned or possessed the firearm prior to the passage of the amendatory Act; two, the person possessed the assault weapon while in the presence of a valid FOID cardholder or {sic} (who) is above twenty-one; three, the person is a passenger or driver of a vehicle where the firearm was located and a valid FOID cardholder above the age of twenty-one is present; or four, if the person occupied a residence where the firearm was located and a valid FOID cardholder above the age of twenty-one was present. I will answer any questions.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Senator Anderson, for what purpose do you rise?
A question to the sponsor.
PRESIDING OFFICER: (SENATOR LINK) He indicates he will yield.
Senator, under this legislation, if I were a twenty-year-old 17 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 -- a -- a twenty-year-old person and I'm living in an apartment by myself, I have a job, and I own a -- say a -- a Glock 19, has a sixteen-round mag, holds one in the -- in the chamber, and somebody breaks into my house and I shoot them, under this legislation, would that person be a felon because he has a pistol with a sixteen- round magazine?
PRESIDING OFFICER: (SENATOR LINK) Senator Muñoz. SENATOR MUÑOZ: Under the affirmative on the one person occupied a residence where the firearm was located and a valid FOID card, you wouldn't be a felon.
PRESIDING OFFICER: (SENATOR LINK) Senator Anderson.
Well, is it -- does it have to be both or can it be one? If -- if I'm nineteen years old/twenty years old/eighteen years old, I live by myself and I have a valid FOID card, that eliminates me from -- from this? Or I have to have somebody age twenty-one or older with a valid FOID card also at the residence?
PRESIDING OFFICER: (SENATOR LINK) Senator Muñoz. SENATOR MUÑOZ: Where we put the affirmative defense in, you won't be charged with that, because why? You had a valid FOID card, you already had ownership of the weapon, so that's where you have the affirmative defense.
PRESIDING OFFICER: (SENATOR LINK) Senator Anderson. 18 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018
Yet, Senator, to my understanding, you would be charged, but you would have to go to trial.
PRESIDING OFFICER: (SENATOR LINK) Senator Muñoz. SENATOR MUÑOZ: Can the police arrest you? Yes, they could arrest you, but once you go to the State's Attorney and you prove that you had a valid FOID card, or the gun was purchased before this, that's where your deferment -- affirmative defense would go into play.
PRESIDING OFFICER: (SENATOR LINK) Senator Anderson.
So in your mind, Senator, is this a violation of due process in that scenario?
PRESIDING OFFICER: (SENATOR LINK) Senator Muñoz. SENATOR MUÑOZ: Every -- depending on what municipality you live in or what county you live in, anyone -- a policeman that shows up, I can't account for anyone showing up on the scene, if someone breaks into someone's house and you shoot the offender, why would someone want to lock up the person that's living there that shot someone that just did a home invasion on you?
PRESIDING OFFICER: (SENATOR LINK) Senator Anderson.
So, what I'm being told is the affirmative defense only applies if you have somebody in the house that is over twenty-one, 19 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 which that's my concern here, is we have a lot of people -- I was one of them - at eighteen years old, I lived on my own and I owned guns. I owned two rifles, a shotgun and two pistols when I was eighteen years old, living by myself. And this is a concern for me, because we are stripping somebody's right to defend themselves away because they're simply under the age of twenty-one. And to the affirmative language in this bill, there's a due process issue here and there are -- there is no other amendment to our Bill of Rights where we have to petition the courts before we get due process. We don't say you have to petition the court before you can start a website or before you can write a letter to your Senator. The Sixth Amendment, we don't say you have to petition the court before you're -- you're given legal representation. The Eighth Amendment, we don't say you have to petition the courts -- you're -- you're subject to cruel and unusual punishment until you petition the courts. This is -- this is crazy. I think what's - - what's crazy is that we're even having this discussion. Nobody on either side of this aisle wants a mass shooting to happen. Nobody on either side of the aisle wants somebody killed with a gun, with a hammer, with anything, but yet we're going to take the Second Amendment away from somebody that's eighteen/nineteen/twenty years old and they live alone. How is that even constitutional? Senator, you know I have a lot of respect for you. I really do. I just ask that we slow down here and we think about what we're doing with these bills. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) Senator Nybo, for what purpose do you rise?
20 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR LINK) Indicates he will.
Leader, as you know, I -- I was present at the subcommittee hearing where we discussed this bill and there was an exchange about the exception that was written in for what was hoped to be covering competitive shooting events. I think you recall that back-and-forth.
PRESIDING OFFICER: (SENATOR LINK) Senator Muñoz. SENATOR MUÑOZ: That's correct, Senator. And we did put it in -- into the bill - all the exclusions from (a) through (h) {sic} ((1) through (7)). If you'd like, I can go through 'em for you, Senator.
PRESIDING OFFICER: (SENATOR LINK) Senator Nybo.
Yeah, Leader, can you clarify? In -- in the amendment that was filed to this bill, you've -- you've attempted to address that issue with respect to competition events?
PRESIDING OFFICER: (SENATOR LINK) Senator Muñoz. SENATOR MUÑOZ: Yes, that's correct, Senator. The exclusions are as follows: any members of the Armed Services or Reserve Forces of the United States or in the Illinois National Guard, while in the performance of their official duties (or) while traveling to or from their place of duty; transportation, transfer, or sale of weapons, 21 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 attachment {sic} (attachments), or ammunition for sale or transfer in another state; possession of any firearm if the firearm is sanctioned by the International Olympic Committee or by USA Shooting, the national governing body for international shooting competition in the U.S.A., but only when the firearm is in the actual possession of an Olympic target shooting competition {sic} or practice or events if the firearm is broken down in a non- functioning state, not immediately accessible, or is unloaded and enclosed in a firm {sic} case, carrying box, shipping box, or something similar; possession of a firearm at a sanctioned competitive shooting event; a non-resident who transports, within twenty-four hours, a weapon for any lawful purpose from any place where he or she may lawfully possess that weapon to any other place they may legally possess the passenger -- possess the firearm - weapon must be unloaded and the firearm ammunition cannot be readily accessible from passenger compartment or in a lock bus {sic} (box), if not trunk; weapons at a World Shooting Recreational (and) Recreational Complex at Sparta; possession of a weapon for hunting; blank firing assault weapons and .50 caliber rifles for proper use.
PRESIDING OFFICER: (SENATOR LINK) Senator Nybo.
Thank you, Leader. I -- I appreciate that. We -- we may be misunderstanding each other here and I'm -- and, specifically, I'm talking about the exception for competitions that are either sanctioned or supervised by a -- a certified instructor. And -- and there was a back-and-forth about whether all those -- those competitions that we're attempting to exclude always involved 22 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 either a sanctioned competition or are -- or supervised by a certified instructor. Do you remember that particular exchange that we had when we discussed the bill?
PRESIDING OFFICER: (SENATOR LINK) Senator Muñoz. SENATOR MUÑOZ: That's -- yes, I do.
PRESIDING OFFICER: (SENATOR LINK) Senator Nybo.
And -- and my understanding was that -- that you were willing to work on crafting an amendment that properly captured all such competitions and didn't confine those competitions to having to be sanctioned by the Olympic Committee, the governing body of the Olympics, or supervised by a certified instructor, that you were open to the idea of broadening that exception so that we captured competitions as they actually take place.
PRESIDING OFFICER: (SENATOR LINK) Senator Muñoz. SENATOR MUÑOZ: Yes, Senator. I will -- definitely we can add that in there if you want. This has got to go back to the House. This is our amendment that we're putting on that were sending there. If you want, when -- we can definitely ask the House sponsor to put that in if that helps you out. I don't have a problem doing that, to -- to have that in there for you.
PRESIDING OFFICER: (SENATOR LINK) Senator Nybo.
23 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 …bill, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) To the bill.
Thank you. I -- I just wanted to make sure that that was all understood, that -- that we did recognize that there was - I hate to use the word "flaw", but that that -- that exception, as written, did not fully capture the events that we were trying to exempt from this prohibition. Mr. President, I'm not necessarily going to speak to this bill. I'd like to speak to the process for a second, because I think that Senator Righter's comments a couple bills ago are comments that we should take to heart. I -- I've noticed that -- that -- that every speaker, mostly every speaker, today and on this subject, has talked about the substance of the bill in front of them, but I think it's important that we comment and observe on process. There are those of us on this side who want to work with everybody in the Illinois Legislature and across our State on making communities safer, but -- but, frankly, the process by which we're attempting to do so or have -- or have attempted to do so in these first couple months of this legislative Session is somewhat disappointing. Filing bills that don't get an opportunity to have a hearing, amendments that -- that are significant amendments that -- that really don't pertain to the underlying subject matter of a particular bill that are filed ten minutes before a committee hearing on which a vote is taken. I - - I frankly think that we can do better as a group working together to address these issues. And I'd ask us all to think, are -- are we -- are we mainly interested in -- in passing bills? Because I think we all can pass bills and we all have passed bills. Or are 24 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 we interested in making laws that don't necessarily just require only us passing a bill, but making laws that actually make our communities safer? So what I'd ask us to do, not only today, but -- but for the rest of our legislative Session and beyond, is focus on our -- our shared goal. It's a shared goal of -- of making laws that make our communities safer. Thanks.
PRESIDING OFFICER: (SENATOR LINK) Senator Rose, for what purpose do you rise?
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) To the bill.
Ladies and Gentlemen, I suspect that everybody has already made up their minds about what they're going to do on this legislation, but something that was said was not factually accurate. And as a former prosecutor, I -- I've -- I'm compelled to correct the record before you all vote on -- on a misunderstanding. The question that was asked a minute ago was about affirmative defenses and the answer was something to the effect of, well, yeah, you could be arrested, but then you just talk to the prosecutor and -- and be done with it all. Well -- well, never mind the fact that you're an innocent person and you're in shackles and have been taken to jail and booked and your mugshot's now on TV, et cetera, et cetera, but that's not how affirmative defenses work. As a former prosecutor, and any of the folks in this room that have been in a courtroom will tell you, affirmative defenses come in at the trial, after you've already - at trial - after a jury's been impaneled, after the prosecution 25 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 has put on their case-in-chief, then, and only then, when it comes time to the defense, that's when the defense gets to present its affirmative defenses. So, you know, maybe you could hire, at your expense and a lot of money, some hotshot lawyer to go talk to the prosecutor and hope in advance that maybe they might talk some sense to him, but you as a citizen - the way the criminal justice system works - you can't just go talk to the prosecutor. You can't just do that. That doesn't work that way. So there are significant problems with the way this bill has been written that bring all kinds of problems into play, and especially for the fact that, as you've said here, these folks would essentially be innocent, yet here they've been booked, taken to court, you know, mugshotted, fingerprinted, everything else, now they got to hire a lawyer, then they got to go to trial and then, and only then, do they get to assert their affirmative defenses to a jury. There's a huge difference in how this is drafted and an exception, because the exception would have prevented the innocent person from ever being arrested in the first place. And with -- with that factual correction to how things really work, I appreciate the indulgence of the Body. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) Senator Silverstein, for what purpose do you rise?
Purpose of the -- bill, your honor -- Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR LINK) …the bill.
First of all, I stand in strong support of the bill and 26 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 commend my -- the sponsor, my seatmate. I don't understand why we need assault weapons in this country at all. I just want to tell you that I sponsored a bill, Senate Bill 3297, which is -- I'm not going to talk about the bill, but I do want to talk of one aspect, it -- it bans the AR-15. I received a call from Cathy Allen, who is a student in Parkland, Florida. Hopefully, she'll be coming to Springfield after the break to testify what she saw. Her testimony, her story she told me was heart-wrenching; how that day that happened, she hid in her auditorium underneath the chair. I think we're getting away -- the fact that things are changing in this country, that guns are -- have to be regulated. I want to commend the sponsor of what he's doing. I know this is a sensitive issue, but I think overall we're doing the right thing, even though there might be some debate about whether or not the process is proper. But I think that's -- our action -- we have to take some action now, so we do not have another event like Parkland.
PRESIDING OFFICER: (SENATOR LINK) Senator Oberweis, for what purpose do you rise?
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) To the bill.
First of all, I'd like to correct a comment by my colleague, Senator Chapin, who said that -- thinks everybody in the room has made their mind up on how they're going to vote on this issue. I, for one, have not. I had signed on originally as a sponsor of this bill with some assurance that there would be an amendment or a change that would not allow anybody to take guns away from those 27 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 who already legally own those weapons. With that, I felt that I could support -- support and sponsor the bill. However, as Senator Chapin Rose pointed out, a positive defense is a far cry from not having their weapons taken away. They're first accused, perhaps arrested, have to pay the expenses of going to trial. That to me is unacceptable. As Senator Muñoz pointed out, perhaps some changes can be made in the House. With that change and perhaps some other minor changes, I could still support the bill. As it stands right now, I'm not sure that I can. But I also want to emphasize what Senator Nybo said. It's time that we all try to work together. I've said this before. I believe this very strongly. We'll have a better Legislature - we'll have a better State of Illinois - if all of us look at these bills and try to vote for bills that we believe are good and vote against bills that we feel are bad, regardless of whether there's Republican bills or Democrat bills. There's too much at stake here. The future of our State is very critical. We're losing population. We're the only State that's lost population for three years in a row. We're doing things wrong in this Legislature. We have to change what we're doing. Thank you for your indulgence.
PRESIDING OFFICER: (SENATOR LINK) Senator Hastings, for what purpose do you rise?
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) To the bill.
I just want to clarify a -- an expert prosecutor in the Chamber in terms of the way the process really works. So, as a 28 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 defendant, before you're charged with a crime, the State's Attorney will decide whether or not to press charges. The other thing, we also -- there's other defenses that are out there, as in self- defense, of some of the people that may be accused of a crime. I think commonsense State's Attorneys across Illinois, they -- they have the reasonableness necessary to determine whether or not an eighteen-year-old living at home can defend themselves or not. It's -- I just want to clarify that point for all of us expert prosecutors in the room here that are attorneys. But I look down at these two young men who sit next to me today. I've been to Iraq; I've seen the effects of automatic weapons in combat. I will just tell you that the atrocities that are seen over there are because we're sent there to do that to protect democracy. Now, coming home, I never would have thought that the war would have came home with me. I've been an arduent {sic} supporter at times of Second Amendment rights, but I do believe that eighteen-year- olds being able to have an automatic weapon and getting it within twenty-four hours of their purchase, I think it's very unreasonable. For such young minds that are warped by various things that affect them in their lives, I don't think that they should be able to have those types of firearms at such a young age. And last is that, as a new dad as {sic} a two-year-old, and we explain these issues to our wives and our families at home, the last thing you ever want to hear is your son or daughter getting shot up in a school because some -- some person with a mental health issue and other issues in their life were able to access these types of weapons that are able to kill people at a very fast rate. My views when I first entered the Senate were very pointed. I thought that people should be able to own a lot of firearms, 29 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 whatever firearms they wanted to. But a lot of us in this room today, especially the sponsor and I, we're in a car driving down the expressway when the shooting took place in Las Vegas, and I will just tell you that not only was that the most horrific incident, but it also brought that feeling in my stomach that I thought I had gotten rid of when I came back from Iraq that maybe I won't have to go through this again. And this bill bans those types of weapons. It prevents people from getting weapons at a young age. And that's why I am proud - very rarely will I say I am very proud - to support this bill, so people don't -- young people don't have to die anymore. Now are there going to be shootings because other states don't have these laws? Yes. And that's why I stand up today and say that this is also not just a State of Illinois issue and the City of Chicago, but this is a damn national issue and the President of the United States should take actions to ban these weapons or to put some checks and balances, very stringent checks and balances, to prevent these things from happening again. Mr. President, I urge this Chamber to vote Yes on this bill. Thank you very much.
PRESIDING OFFICER: (SENATOR LINK) Senator Righter, for what purpose do you rise?
To the bill, if I might, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) To the bill.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Not to allow this debate to descend into a law school debate, but I appreciate very much what the speaker had to say about the 30 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 reasonable State's Attorney. I wonder how much confidence we all have in a State's Attorney who might be facing a tough reelection and faced with the decision of whether or not to give back, let's say, a high-capacity magazine in a high-profile case. Everybody have faith in that? No. We know better than that. We know better than that. Maybe the previous speaker feels that way 'cause he's a Democrat and the Cook County State's Attorney's a Democrat, but listen, most citizens don't have those connections. That's not real. And I appreciate some who say when they came to this Chamber, they were an absolutist when it came to Second Amendment rights. That's fine. And that there has been a change in attitude. You know what? Everyone grows and develops when they're here - everyone does, Republican and Democrat. Here's the problem with that in this context, though, and that is, is that for those who have been led to believe that the answer to this lies in saying you can't have this kind of firearm or that kind of firearm or even if you bought this firearm before, now you can't have it and we're going to come get it or maybe we won't, it's kind of up to the Cook County State's Attorney for that, it leads you to the conclusion that more gun control is going to solve these problems. Look at the places around the country that have the most stringent gun control, what's happening there? It's chaos and it's murder, which should tell us all that we need to know that the answer to this doesn't lie in writing bills that say the Second Amendment's going to be a little bit less this year than what it was last year. It's a problem of how people view each other and respect each other. Do you -- do you have compassion for other people? Do you respect the -- the sanctity of innocent life? 'Cause if that's not there, all the gun control measures in the world will not make 31 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 a difference. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) Senator Bush, for what purpose do you rise?
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) To the bill.
So I think we've listened to a lot on -- on both sides and - - and I would like to ask that we decide that maybe it's not perfect, but maybe not perfect is good enough today. Anything that we do today, we can make changes to those things if we go a little further than maybe some of us would like, if we make some mistakes. But I'm going to ask you again to think about the students in Parkland, to think about others that have lost their lives - they don't get another chance. They don't get another bite out of the apple. This may not be perfect, but we really need to address this issue. I think we all agree on that. I'm going to vote Yes. I don't think this is perfect, but I'm going to vote Yes today and I'd like to thank the sponsor for all of your work and thank you for allowing me that time.
PRESIDING OFFICER: (SENATOR LINK) Senator Raoul, for what purpose do you rise?
Mr. President, to the bill.
PRESIDING OFFICER: (SENATOR LINK) To the bill.
Mr. President, I appreciate the sentiment that has been raised 32 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 on both sides of the aisle. I particularly appreciate the sentiment raised by Senator Hastings as a -- a combat veteran. I do believe we've had this conversation under the wrong paradigm. We often talk about sides to the gun violence debate and I don't believe that those who advocate on behalf of law-abiding gun owners are for gun violence. I don't believe that a bit. And I don't believe those who are active and continuous advocates to prevent gun violence are for taking guns away for -- from law-abiding gun owners. But, unfortunately, we've had the conversation under that type of paradigm, and unfortunately, we're not eager to have this conversation until there's a Sandy Hook, a Las Vegas, or a Parkland. There's not this bipartisan eagerness to introduce bills that have to do with gun violence. I'm sorry, I haven't seen it. I haven't seen it continuously for the singular everyday shootings that happen in my community. Somehow that doesn't spur interest to have this conversation. So when we talk about making laws and having a bipartisan conversation, we can't only have it when there's a mass shooting. If you're really sincere about preventing gun violence, we need to be also inspired by the gun violence that happens on a everyday basis in disadvantaged communities that we disinvest in, that we consciously disinvest in, that is directly related to gun violence. And so when one says, well, this is not the answer, there is no singular answer. And we have to recognize it. Yes, gun laws are a part of it, but if you're sincerely committed to this conversation, let's have this continuously, not just in the wake of a mass shooting, because in my district, the tragedy happens on a daily basis. I urge your support for this bill.
PRESIDING OFFICER: (SENATOR LINK) 33 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 Senator Muñoz, to close. SENATOR MUÑOZ: Thank you, Mr. President, Ladies and Gentlemen of the Senate. And I appreciate all the opinions from my colleagues here on both sides of the aisle. You know, there's -- as everyone said, everybody's pretty much made up their mind as to how we're going to vote on this. When I first got the bill that came from the House, I, myself, wasn't too sure about this, because my intention is not to give a young man or a young lady a felony for the rest of their lives. And I understand even though me being from -- the city boy that I am, born and raised on the -- in the City of Chicago. I was never a hunter. We just didn't do that from the City, you know, but I appreciate people who do, people from other parts of the State that grew up doing that, hunting, that get into competitive shooting. I didn't shoot a weapon, a -- a M-16, until I got into the service. To this day, I really don't know how to hunt. So when I picked up the bill and I went before committee last week and I started hearing from my colleagues and I heard from Todd, the NRA, and I was saying, give me something that we could all work with, so we don't want to hurt a young man or a young lady. Now, the bill that came from the House - and -- and I appreciate what staff done - is adding the affirmative defense. Now we had a couple prosecutors get up and say, well, that's not true. He was correct by saying a prosecutor can and will charge you, could they. But it's -- let me tell you this, Ladies and Gentlemen, I'm not an attorney. I'm not -- I was never that, but I was a policeman. And some of you have overzealous cops that want to make a name for themselves, but who in their right mind as a cop would want to go after a young man or a lady that has a FOID 34 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 card and charge 'em with a felony? And even if they did bring 'em to the State's Attorney, the State's Attorneys are the ones who make the charge. It's not the cop acting overzealous that wants to make a name for himself. And then, the prosecutor -- once you go before the judge, the judge is going to make the decision whether to toss the case or not. So I'm not going to argue the point with that. Everybody has their own county, their own prosecutorial way they do things, but, Ladies and Gentlemen, anybody in their right mind is not going to charge a young man or a lady that has no reason to be going to jail in shackles, because he had a valid FOID card for transporting. Now, we're going to go after the average gangbanger that's carrying the assault weapon loaded in the front seat of his car on his or her person. That's what this bill is for. There are locations, stores in the State now, that - Walmart, Dick's Sporting Goods - that don't even allow it. I heard from the Rifle Association. Suggested language, we should have prohibited the sale of any and all firearms to those under the age of twenty-one. And I didn't put that in the bill. We're just putting this in. So I tried to work with everyone and I'm going to take up the suggestion that Senator Nybo -- we can do that in the House. I tried to work with everybody to get this done. I think it's a good bill. We've added a lot to it and we added a hell of a lot of exemptions in there, from military personnel to combat shooting -- I mean, to combat -- shootings with the teams that go out, whether you're doing it for Olympic shooting or whether you just want to do it for teams. So, Ladies and Gentlemen, I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) The question is, shall -- shall House Bill 1465 pass. All 35 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 those in favor, 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 33 Ayes, 22 Nays, 2 voting Present. House Bill 1465, having received the required constitutional majority, is declared passed. Order in the Senate, please, please. Have him -- please. House Bill 5812, please. Senator Manar. Mr. Secretary, please read the bill.
House Bill 5812. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Manar, on your bill.
Thank you, Mr. President. This bill came over from the House. Was discussed extensively between all four caucuses prior to the House taking a vote. I would describe it as what I would hope to be the final trailer bill necessary to fully implement Public Act 100-465, which is the evidence-based funding model, which we of course enacted earlier -- excuse me, last year in the fall that the Governor signed into law. There are nineteen pieces to this bill. I would reasonably describe some of the pieces as quite large and most of the pieces of the bill as nominal, but important changes that would afford the State Board of Education the opportunity to begin to distribute dollars in an equalized fashion, obviously prioritizing those dollars first for the school districts that are least funded in the State according to the model that we passed. Be happy to take any questions, Mr. President. Thank you. 36 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Senator Rooney, for what purpose do you rise?
To the bill, please, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) To the bill.
Mr. President, I don't have any strong objections to the bill that's before us right now. I understand there's a bunch of moving parts, so forth and so on. But I'm going to vote No when it comes to the vote, because when we started down the road with Senate Bill 1, we passed the bill through the Chamber before the Illinois State Board of Education had finished running all the numbers and we were told, don't worry about it, don't worry about it, we got to get this over to the House, so forth and so on. And we all know the way that story went. So then it came for a trailer bill and the sponsors of the trailer bill -- excuse me, presented the trailer bill, saying this is just cleanup, this is just cleanup, the numbers haven't been run, but we -- we -- we just want to clean this up a little bit. And I took it at face value. As somebody who voted against the original bill, I said to myself, there's no point in being an obstacle to just a cleanup bill to let it happen, and I went ahead and voted Yes. And then those numbers that weren't run came back from the State Board of Education and I went, son of a gun, if I would have known that back at the time we voted, I wouldn't have swallowed the speech about how all this was, was a cleanup. And so we had to deal with a veto on that, where they caught that the numbers weren't as they were presented. So now 37 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 here we are today. We've got another trailer bill, described hopefully as the last. I hope it's the last, too, and there are still two parts of this bill that the Illinois State Board of Education is not done modeling the numbers on yet. This is the third time on education funding where we're taking a vote on a bill before we just know what the numbers are. I'm going to vote No, because we have to stop pushing votes before all the numbers are in. Let's just get the data that we need to make a decision and vote then. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) Senator McCarter, for what purpose do you rise? SENATOR McCARTER: To the bill.
PRESIDING OFFICER: (SENATOR LINK) To the bill. SENATOR McCARTER: Ladies and Gentlemen, just let me -- let me remind you what happened in Appropriations. The State Board came and -- and based on what was passed, not with my help, this new evidence-based funding formula, the State Board requested an extra 7.2 billion dollars - two times what their previous budget was and had no idea of where the money was going to come from and admitted to us that it was not a reasonable request. So, just remember, this is the funding formula that was put in place and we were warned that, throughout the United States, all this does is raise the cost of education with negligible increased results, just to remind you.
PRESIDING OFFICER: (SENATOR LINK) Senator Lightford, for what purpose do you rise?
38 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 Thank you, Mr. President. To the bill, please.
PRESIDING OFFICER: (SENATOR LINK) …the bill.
My memory serves me differently than the previous speaker. What my memory reminds me is that this was a huge significant change in how we fund our schools. And I don't know if the previous speakers would acknowledge that there's always adjustments. There is always clean up to Public Acts that are this huge and significant. This isn't like a new surprise for us to be addressing a bill -- a law, excuse me, that changes were identified that needed to be made by the State Board of Education. This isn't suggestions that the Democrat Party just came up with as areas that we wanted to correct. But this is the changes that were recommended by the State Department, ran by the Governor, who established a commission. Recommendations - some were slightly missed; some, when the equation went through, some unintended consequences that needed to be addressed. So I rise in support of this legislation and I hope you would vote for it in knowing that sometimes first steps are huge steps, but there needs to be further steps to really get at what we were trying to accomplish in the first place. So this is cleanup language and it's a good bill to vote for.
PRESIDING OFFICER: (SENATOR LINK) Senator Rezin, for what purpose do you rise?
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR LINK) To the bill. 39 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018
Thank you. As a previous speaker said, yes, there was a, you know, a very long negotiation regarding this bill. Part of that, though, was to implement a panel that does precisely what we are trying to do in this bill and that is to make changes to the new education funding formula that was negotiated well over four years and make the changes to the State Board of Ed. Again, I understand any time we pass major pieces of policy that we do have cleanup language, and right now, I do believe in this piece of language - - or in this -- or in this bill that this is cleanup language, but we're seeing many of these bills, instead of allowing the commission to do its job. So I ask in the future for the State Superintendent to appoint a commission that needs to precisely do what we're doing today and look at the -- all of the cleanup language that needs to be done in the future as well. But having said that, I will be supporting this bill. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) Senator Bertino-Tarrant, for what purpose do you rise?
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) To the bill.
Just a couple reminders for those of us in committee, we have to remember that this is not a sponsor initiative. These cleanups are from the Illinois State Board of Education. Also, we have to be reminded to when this bill was negotiating, we didn't find ISBE always an eager partner in this process and I think many of us can 40 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 recall having to go back numerous times to get accurate numbers. And then finally, with the -- with the statement regarding changing numbers, I think, again, people in the committee can be reminded that Superintendent Smith said, regardless of the outcome of this bill that he will be -- putting in vouchers for the numbers that we did receive for our -- our districts. Thank you.
PRESIDING OFFICER: (SENATOR LINK) Senator Manar, to close.
Thank you, Mr. President. Just to clarify a few points and then I'll wrap it up. I want to -- I want to make the point that this is all new money to schools, so to date, not a dollar of the three hundred and fifty million that was budgeted for our State's steps toward equity have been distributed to any school district. So no district is going to lose money because of the bill we passed or because of this trailer bill. This is all money to the good for everyone in this State. Number two, I would also share my frustration that I know is on both sides of the aisle that was expressed during the debate on this bill. I, too, have been very frustrated with how this process has played out over the last several months, going back to when it became clear, which I don't think was a surprise to most of us, that we would have to clean up a -- a monumental change in the School Code that many of us worked on for many years. What -- the frustrating part to me has been the pace and the confusion, and I think that lies in the nature of the issue. So I hope - I hope - that this is the last time that we have to make a change before the foundation is set, so that the panel that will be in place can take over and make recommendations for adjustments based on evidence in future years. So that's the 41 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 importance of this bill. We need this to happen so that we can begin to bridge the equity gap, which I think is the goal that we set out to do from the very beginning. This bill and its passage to the Governor, followed by his signature, will allow the State Board of Education to finish that work for this fiscal year before July 1st. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) The question is, shall House Bill 5812 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 38 Ayes, 17 Nays, none voting Present. House Bill 5812, having received the required constitutional majority, is declared passed. Senator Haine, for what purpose do you rise?
A point of historical reference, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) State that exciting point.
I want to remind the Senators of this Chamber what can happen in history when partisanship becomes out of control. On tomorrow's date, the 15th of March, the Ides of March, Gaius Julius Caesar, Senator Caesar, was stabbed to death in the Roman Senate. One of the co-conspirators, the great lawyer and Senator Cicero, was later stabbed to death himself by the partisans of Caesar and his hands were chopped off and nailed to the doors of the Roman Senate. So I just want to remind us that the Ides of March is a good day to reflect upon quiet and reasoned debate and all knives and swords should be checked at the door. Thank you. 42 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018
PRESIDING OFFICER: (SENATOR LINK) Fifty-eight lights lit up on that one. Senator McCann, for what purpose do you rise? SENATOR McCANN: Mr. President, I suppose it's no less than poetic justice that I rise to speak immediately after the previous speaker, but I rise on a point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) State your point. SENATOR McCANN: I would like to introduce some guests that I have here in the Senate today, some constituents and their family members from South Jacksonville, Illinois, just a little west of here. I would like to introduce to you Mr. Les Wilson. He has with him his daughter, Dee -- DeeAnn Roome; his granddaughter, Christine Huff; and Christine's husband, Colby Huff, who is actually on your Senate staff, on Democrat Senate staff. And they are visiting us here at the Capitol today. On April 11th, Les will celebrate his 90th birthday. Les was stationed in Korea during the -- from 1950 to 1952 during the Korean War. And so when we all read those wonderful stories about the greatest generation, here you have an opportunity to meet one of them. So join me in welcoming Les and his guests to the Senate today. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) Thank you. Senator Tracy, for what purpose do you rise?
Thank you, Mr. President. I would like to be recorded on House Bill 5812 as an Aye vote. I had stepped away from my desk and was not recorded. 43 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018
PRESIDING OFFICER: (SENATOR LINK) Record will reflect your intention. Senator Rezin, for what purpose do you rise?
Thank you, Mr. President. Purpose of an introduction, please.
PRESIDING OFFICER: (SENATOR LINK) State your introduction.
I am pleased to be joined by several people here today. First of all, I have sophomore Ashley -- Alicia Graham from Ottawa High School. After she graduates, she would like to become an attorney, especially after hearing the previous debate, and graduate from Notre Dame Law School. She's a mentor for the freshmen program, which is what I like to see, and also is a member of the dance team. Again, she's a senior at Ottawa High School and is glad to be here as part of my Page for the Day. And I'd -- also would like to recognize, please, her dad, who's in the Chamber up here, Mr. Graham, as well. Thank you for coming to the -- to the State Capitol. And I'd like a warm Springfield welcome, please. And…
PRESIDING OFFICER: (SENATOR LINK) Senator Althoff, for what purpose do you rise?
Thank you, Mr. President. Not to be outdone, but every once in a while I have to kind of give a jab to Senator Haine about historical significance. Tomorrow is an extraordinarily important historic date. It is one hundred and fifty years since the groundbreaking of this very building, the sixth Capitol to serve the State of Illinois.
PRESIDING OFFICER: (SENATOR LINK) 44 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 Senator Rezin, again.
Thank you, Mr. President. I have several more guests here, I'm proud to say. I have Carlton Fay from Hennepin from my district and Hannah Shores from Centralia, Senator McCarter's district, both graduating from SIU Law School next month and they're interested in government. They worked in Jackson County State's Attorney Office in the law -- during law school. Again, I would like another Springfield welcome.
PRESIDING OFFICER: (SENATOR LINK) Now we'll get back to the real order of business. House Bill 4223. Senator Steans. Mr. Secretary, please read the bill.
House Bill 4223. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Steans, on your bill.
Thank you, Mr. President, Members of the Senate. This bill amends the Public Aid Code to require Department of Healthcare and Family Services to accept applications for licensure of supportive living facilities where some of the apartments of the site are designated for purposes other than to provide supportive living services. This is to enable a project in my district to move forward. Gets rid of some of the red tape. Appreciate Healthcare and Family Services cooperation on this. I don't know of any objections. It's an agreed-to bill and I look forward to your Aye votes. Thanks. 45 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 4223 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 55 -- Ayes, no Nays, none voting Present. House Bill 4223, having received the required constitutional majority, is declared passed. House Bill 4095. Senator Cunningham. Mr. Secretary, please read the bill.
House Bill 4095. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Cunningham, on your bill.
Thank you, Mr. President. House Bill 4095 is an initiative of the Attorney General's Office. It amends the Consumer Fraud and Deceptive Business Practice {sic} (Practices) Act. It would prohibit credit reporting agencies from charging a fee when consumers place or remove a credit freeze from their report. It's a response to last year's Equifax security breach, which, as I think most of the Body knows, caused some one hundred and forty- three million Americans to be exposed -- to have their personal information exposed to a computer hack and potentially have their identity stolen. Consumers should not be forced to pay a fee to protect their credit ratings when a consumer reporting agency has made a -- a -- a mistake. That's what the law currently allows these companies do, to charge a fee. This would end that practice. 46 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 Be happy to answer any questions and I would appreciate the Chamber's support.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 4095 pass. All those in favor, 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. House Bill 4095, having received the required constitutional majority, is declared passed. Senator Schimpf, for what purpose do you rise?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR LINK) State your point.
Yes, I'd like to introduce my guests as well today. I'm very fortunate to have two students from Steeleville High School in my district. I have -- I have Chase Ehlers, who is planning on going to SIU Carbondale and major in civil engineering. And I have Jacob Fedderke, who's also going to stay in Illinois. He's going to go to Illinois College and major in biology and psychology. So I've got two -- two outstanding Pages that are both staying in Illinois for college. I'd ask for a warm Springfield welcome.
PRESIDING OFFICER: (SENATOR LINK) Welcome to Springfield. We'll be going to page 20 of the printed Calendar, Senate Resolution 994. Senator Righter has received permission to carry the bill {sic} for Senator McConchie. Senator -- Mr. Secretary, please read the resolution.
47 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 Senate Resolution 994, offered by Senator McConchie.
PRESIDING OFFICER: (SENATOR LINK) Senator Righter, on the resolution.
Thank you very much, Mr. President, Ladies and Gentlemen of the Chamber. And thank you, Mr. President, for your indulgence in allowing me to present this on behalf of Senator McConchie, who is still not back with us, but we hope and pray will be very, very soon. The resolution declares April as Prevention of Child Abuse Month {sic} (Prevent Child Abuse America Month). This is an annual thing that we do. Obviously, awareness of child abuse is one of the most critical issues that our society faces. I would ask that the Chamber adopt the resolution, please.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, all those in favor will say - on Senate Resolution 994 - will say -- say Aye. And opposed, Nay. The Ayes have it, and the resolution is adopted. We will go to Senate Calendar, Supplemental Calendar No. 1. Senate Resolution 1419. Senator Lightford. Mr. Secretary, please read the resolution.
Senate Resolution 1419, offered by Senator Lightford.
PRESIDING OFFICER: (SENATOR LINK) Senator Lightford, on your resolution.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Endometriosis is a disease of the female reproductive system and is a leading cause of female infertility. Endometriosis occurs when tissue similar to that normally found in the uterus begins to 48 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 grow outside of the uterus, leading to chronic delapitating {sic} pelvic pain. Traditionally, providers have focused on managing the associated pain with oral contraceptives. They've tried anti- inflammatory drugs and opioids, but many of which are not specifically indicated for the treatment of Endometriosis, and in most cases, surgical interventions, like laparoscopy, are often pursued and may not be a cure for all individuals. More research is terribly needed in this area to find additional treatments and options to manage this disease. Education is important for promoting awareness of symptoms and early detection and diagnosis of Endometriosis. Therefore, Senate Resolution 1419 declares this month, March of 2018, as "Endometriosis Awareness Month" in the State of Illinois and encourages the State to observe the month with related awareness and educational campaigns. I hope there's a lot of information out there, so that we can have better research and results with such a delapitating {sic} disease for women. I encourage an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall Senate Joint -- Senate Resolution 1419 pass. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senate Resolution 1411. Mr. Secretary, please read the resolution.
Senate Resolution 1411, offered by Senator Weaver.
PRESIDING OFFICER: (SENATOR LINK) Senator Weaver, on your resolution.
Thank you, Mr. President. This is a -- a -- a resolution 49 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 that establishes March 18th through March 24th as Dual Credit Week in Illinois to promote awareness of a valuable educational opportunity for high school students. And I encourage an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall Senate Resolution 1411 pass. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Mr. Secretary, Resolutions. Mr. Secretary, Resolutions.
Senate Resolutions 1525 and 1526, offered by Senator McConnaughay and all Members. They are both death resolutions, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) Resolution Consent Calendar. We will now proceed to the Order of Resolution Consent Calendar. With leave of the Body, all resolutions read in today will be added to the Consent Calendar. Mr. Secretary, have there been any objections filed to any resolutions on the Consent Calendar?
No objections filed, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? If not, the question is, shall the resolution -- resolutions on the Consent Calendar be adopted. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the motion carries. The resolutions are adopted. There being no further business to come before the -- the Senate, the -- pursuant to House Joint Resolution 113, the Senate stands adjourned until the hour of 12 noon on the 10th day of April 2018, or until the 50 STATE OF ILLINOIS 100th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 104th Legislative Day 3/14/2018 call of the Senate President. The Senate stands adjourned. 51