PRESIDING OFFICER: (SENATOR HARMON) The regular Session of the 101st General Assembly will please come to order. Will the Members please be at their desks? Will our guests in the galleries please rise? The invocation today will be given by Father Jim Swarthout, the Director of Clergy and Alumni Relations at Rosecrance Behavioral Health in Rockford, Illinois. Father.
(Prayer by Father Jim Swarthout)
PRESIDING OFFICER: (SENATOR HARMON) Please remain standing for the Pledge of Allegiance. Senator Cunningham, will you please lead us?
(Pledge of Allegiance, led by Senator Cunningham)
PRESIDING OFFICER: (SENATOR HARMON) Blueroomstream.com requests permission to videotape the proceedings and the Illinois Times requests permission to take photos. Is there any objection? Seeing none, permission is granted. Mr. Secretary, Reading and Approval of the Journal.
Senate Journal of Tuesday, March 5th, 2019.
PRESIDING OFFICER: (SENATOR HARMON) 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 HARMON) Senator Hunter moves to postpone the reading and approval of 1 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 the Journal, pending arrival of the printed transcript. There being no objection, so ordered. Mr. Secretary, Resolutions.
Senate Resolutions 195 and 196, offered by Senator Morrison and all Members. They are both death resolutions, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Resolutions Consent Calendar.
Senate Joint -- Senate Joint Resolutions 31 and 32, offered by Senator Rezin. They are substantive.
PRESIDING OFFICER: (SENATOR HARMON) Mr. Secretary, Committee Reports.
Senator Holmes, Chairperson of the Committee on Local Government, reports Senate Bills 40, 196, 1580, and 1871 Do Pass; Senate Bill -- Senate Bills 100 and 1806 Do Pass, as Amended. Senator Collins, Chairperson of the Committee on Financial Institutions, reports Senate Bills 1387, 1524, 1657, 1787, 1813 Do Pass; and Senate Bill 169 Do Pass, as Amended. Senator Aquino, Chairperson of the Committee on Government Accountability and Pensions, reports Senate Bills 194, 1265, 1584, 1670, and 1698 Do Pass. And Senator Tom Cullerton, Chairperson of the Committee on Labor, reports Senate Bills -- Senate Bill 1474 Do Pass, as Amended; and Senate Resolutions 59, 83, and 84 Be Adopted.
PRESIDING OFFICER: (SENATOR HARMON) Ladies and Gentlemen of the Senate, we are going to be turning 2 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 shortly to the Order of 3rd Reading. That is final action. I would ask all Members to be at their desks. We will shortly be turning to 3rd Reading. Senator Cullerton, for what purpose do you rise?
A point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Please state your point.
Thank you. Ladies and Gentlemen of the Senate, I would like to just take a moment. If you could all help me recognize and welcome, we have the AP Government class from Addison Trail High School in my district and also partially in Senator Harmon -- in Mr. President Harmon's district, right behind me in the gallery. If you could all stand. And if we could welcome Addison Trail High School to the Illinois General Assembly and to the Illinois Senate.
PRESIDING OFFICER: (SENATOR HARMON) Welcome to the Illinois Senate. Glad to have you here. Senator Crowe, for what purpose do you rise?
Thank you. For a point of personal privilege.
PRESIDING OFFICER: (SENATOR HARMON) Please state your point.
Thank you. At this time, I'd like to ask my fellow Senators to help me to welcome Kristopher Mallon to the Senate Floor today. Kristopher is from my district. He is a senior at Roxana High School. This is the high school that I attended, so, of course, 3 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 I'm very fond of having Kristopher here with me today. Kristopher intends to go on to community college to study political science and then on to SIUE and eventually law school. He has a great love of politics and hopes to follow in all of our footsteps someday. Thank you for being here, Kristopher.
PRESIDING OFFICER: (SENATOR HARMON) Kristopher, welcome to the Senate. Senator Murphy, for what purpose do you seek recognition?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR HARMON) Please state your point.
Thank you. Today I'm honored to have with me a young man, William Plizga. William is a sixth grader at Marion Jordan Elementary School. He was able to win the Page for a Day at a WINGS Foundation celebration that his parents attended. William has an older brother and sister. He's involved in a host of activities. He plays the trumpet. He's in the intramurals program. He's thrives in the Battle of Books. So William is going to be a great contributor. And I'd ask you to all join me in welcoming William to the Illinois State Senate.
PRESIDING OFFICER: (SENATOR HARMON) William, welcome to the Illinois Senate. Senator Hastings, for what purpose do you rise?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR HARMON) Please state your point. 4 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019
I just wanted to introduce to the Senate my Senator for a Day. His name is Ryder Lipcaman. He's from Pittsfield, Illinois. He attends Pittsfield Community School. He's here with his awesome mom, Kacie. So, Ryder, loves playing golf. He's got a halfway decent handicap. He loves reading and he's a straight A student. And he told me that when he had a B one time, he got really mad and he made it an A. He loves politics. He wants to study the law. He's friends of Tammi Zumwalt, downstairs on the first floor, who -- who's so patient to put up with Senator Sandoval. But this is a great young man. He told me that he loves politics and hopefully one day he can be the President of the United States, and I hope he is 'cause he's a really nice guy. I saw him meet with the whiskey industry today and he did a fine job. So I just want to give him a -- a great Springfield welcome. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Welcome to the Illinois Senate. Ladies and Gentlemen of the Senate, the Senate will stand at ease for a few moments to allow the Committee on Assignments to meet. Will all members of the Committee on Assignments please report to the President's Anteroom? Senator Koehler in the Chair. (at ease)
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Hunter -- Senator Harmon back in the Chair.
PRESIDING OFFICER: (SENATOR HARMON) Mr. Secretary, Committee Reports.
Senator Lightford, Chairperson of the Committee on Assignments, reports the following Legislative Measures have been 5 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 assigned: Refer to Appropriations I Committee - Committee Amendment 1 to Senate Bill 2019 and Committee Amendment 1 to Senate Bill 1154; refer to Criminal Law Committee - Committee Amendment 1 to Senate Bill 1627, Committee Amendment 1 to Senate Bill 1878, and Senate Bill 219; refer to Energy and Public Utilities Committee - Committee Amendment 1 to Senate Bill 129, Committee Amendment 1 to Senate Bill 130, Committee Amendment 1 to Senate Bill 134, Committee Amendment 1 to Senate Bill 135, Committee Amendment 1 to Senate Bill 136, and Committee Amendment 1 to Senate Bill 137; refer to Environment and Conservation Committee - Committee Amendment 1 to Senate Bill 1256; refer to Executive Committee - Committee Amendment 1 to Senate Bill 2083, Committee Amendment 1 to Senate Bill 2090, Senate Bill 1254, and Senate Bill 1267; refer to Financial Institutions Committee - Committee Amendment 1 to Senate Bill 138 and Committee Amendment 1 to Senate Bill 2023; refer to Government Accountability and Pensions Committee - Committee Amendment 1 to Senate Bill 1765 and Committee Amendment 1 to Senate Bill 1236; refer to Insurance Committee - Senate Bill 1598; refer to Judiciary Committee - Committee Amendment 1 to Senate Bill 1628, Committee Amendment 1 to Senate Bill 1712, and Senate Bill 44; refer to Licensed Activities Committee - Committee -- Committee Amendment 1 to Senate Bill 1839; refer to Public Health Committee - Committee Amendment 1 to Senate Bill 109; refer to Revenue Committee - Committee Amendment 1 to Senate Bill 1379; refer to State Government Committee - Committee Amendment 1 to Senate Bill 1918 and Committee Amendment 1 to Senate Bill 2142; refer to Transportation Committee - Committee Amendment 1 to Senate Bill 1200, Committee Amendment 1 to Senate Bill 1862, and Committee Amendment 1 to Senate Bill 1934. 6 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 Signed, Senator Kimberly Lightford, Chairperson.
PRESIDING OFFICER: (SENATOR HARMON) Senator Crowe, for what purpose do you seek recognition?
Thank you. I rise for a point of personal privilege on a very somber note today.
PRESIDING OFFICER: (SENATOR HARMON) Ladies and Gentlemen of the Senate, if you could give the Senator your attention. Senator Crowe.
Thank you. There was a tragedy last night in my district, a house fire that resulted in the loss of life. And I would like to invite the Chamber now to participate in a moment of silence for the sudden passing of Godfrey Fire Captain Jake Ringering. The fire took place yesterday in Bethalto. Jake was born and raised in East Alton and he comes from a family of firefighters. His father was a longtime fire chief in East Alton and his grandfather retired as the fire captain with the East Alton Department where Jake started his career. Jake represented the paid firefighters in the union for the last three years. He is survived by a wife and children. And he will be sincerely missed by our entire district and his family. And I ask you now to please join me in remembering him and his selfless service.
PRESIDING OFFICER: (SENATOR HARMON) Please rise for a moment of silence. (Moment of silence observed) Senator Koehler, for what purpose do you seek recognition?
Thank you, Mr. President. For an announcement. 7 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019
PRESIDING OFFICER: (SENATOR HARMON) Please state your announcement.
Ever since John Sullivan has left the Senate, this distinction has come to me because, I guess, my wife is Nora Sullivan. But I'm announcing the 17th Annual Saint Patrick's Day celebration with the Sullivan Caucus, which shall be Tuesday, March 12th, at the Gin Mill on South Fifth Street from 5 till 9. And there's a whole bunch of Sullivans that will be there and everyone is invited.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Sullivan. WCIA requests permission to record audio and video of the proceedings today. Seeing no objection, permission is granted. Ladies and Gentlemen of the Senate, we are going to be turning to 3rd Readings on the regular Calendar. As we are awaiting Members to be at their desks, we're going to turn to the Senate Supplemental Calendar No. 1 in the Order of Senate Bills 2nd Reading. From the top, Senator Anderson, on Senate Bill 40. 2nd Reading. Mr. Secretary, please read the bill.
Senate Bill 40. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senator Van Pelt, for what purpose do you rise?
For purpose of a introduction. 8 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019
PRESIDING OFFICER: (SENATOR HARMON) Please make your introduction, Senator.
I have the very fine privilege of having four people here from the Chicago Urban Prep Academy that are part of my district and I'm very excited about them being here. Many of you all may know that they graduate -- they send like over ninety percent -- ninety-nine percent of their students to college. So I want everyone to welcome them and just give 'em a good handclap and let 'em know they're welcome to the Senate.
PRESIDING OFFICER: (SENATOR HARMON) Welcome to the Illinois State Senate. Let's continue on the Order of 2nd Reading on the Supplemental Calendar. Senate Bill 100. Senator Holmes. Mr. Secretary, please read the bill.
Senate Bill 100. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Local Government adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR HARMON) Have there been any Floor amendments approved for consideration?
Further -- no further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 169. Senator Mulroe. Senator Mulroe. 2nd Reading. Mr. Secretary, please read the bill.
Senate Bill 169. 9 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Financial Institutions adopted Amendment No. 2.
PRESIDING OFFICER: (SENATOR HARMON) Have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 194. Senator Fowler. Mr. Secretary, please read the bill.
Senate Bill 194. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 196. Senator Bush. Mr. Secretary, please read the bill.
Senate Bill 196. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 1265. Senator Aquino. Mr. Secretary, please read the bill.
Senate Bill 1265. 10 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 1387. Senator Morrison. With leave of the Body, we'll return to that order. Senate Bill 1474. Senator Villivalam. Mr. Secretary, please read the bill.
Senate Bill 1474. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Labor adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR HARMON) Have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 1524. Senator Lightford. Senator Lightford. Senate Bill 1580. Senator Curran. Senator Curran. Senate Bill 1584. Senator Aquino. Mr. Secretary, please read the bill.
Senate Bill 1584. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 1657. Senator Murphy. Mr. 11 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 Secretary, please read the bill.
Senate Bill 1657. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 1670. Senator Martinez. Mr. Secretary, please read the bill. Oop. Hold on. Mr. Secretary, please read the bill.
Senate Bill 1670. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 1698. Senator Martinez. Mr. Secretary, please read the bill.
Senate Bill 1698. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 1787. Senator Aquino. Senator Aquino. Mr. Secretary, please read the bill.
Senate Bill 1787. (Secretary reads title of bill) 12 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 1806. Senator Righter. Mr. Secretary, please read the bill.
Senate Bill 1806. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Local Government adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR HARMON) Have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 1813. Senator Mulroe. Mr. Secretary, please read the bill.
Senate Bill 1813. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 1871. Senator Holmes. Mr. Secretary, please read the bill.
Senate Bill 1871. (Secretary reads title of bill) 13 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Ladies and Gentlemen of the Senate, as we wait for some paperwork for 3rd Readings, we're going to continue on the Order of 2nd Readings but on the regular Calendar. On page 2 of the printed Calendar, we're going to begin with Senate Bill 71. Senator Manar, on 2nd Reading? Senate Bill 90. Senator McConchie. With leave of the Body, we'll turn to Senate Bill 1165. Senator Steans. Senate Bill 1183. Senator Muñoz. Senate Bill 1191. Senator Castro. Mr. Secretary, please read the bill.
Senate Bill 1191. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 1199. Senator Murphy. Mr. Secretary, please read the bill.
Senate Bill 1199. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 1221. Senator Jones. Senate Bill 1250. Senator Murphy. Let's skip to Senate Bill 1285. Senator Tracy. Senator Tracy? No. Thank you. Still figuring out where everyone's sitting in the new lineup here. My apologies. Senate 14 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 Bill 1290. Senator Castro. Mr. Secretary, please read the bill.
Senate Bill 1290. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 1319. Senator Villivalam. Senate Bill 1332. Senator Castro. Senate Bill 1343. Senator Sandoval. Senate Bill 1371. Senator Rose. Senate Bill 1378. Senator Hutchinson. Mr. Secretary, please read the bill.
Senate Bill 1378. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 1429. Senator Villivalam. Senator Villivalam. Senate Bill 1468. Senator Bennett. Mr. Secretary, please read the bill.
Senate Bill 1468. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 1498. Senator Bennett. Senate Bill 1504. Senator Mulroe. Mr. Secretary, please read the bill.
15 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 Senate Bill 1504. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 1518. Senator Tracy. Mr. Secretary, please read the bill.
Senate Bill 1518. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 1573. Senator Mulroe. Mr. Secretary, please read the bill.
Senate Bill 1573. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 1660. Senator Schimpf. Senate Bill 1665. Senator Hastings. Senate Bill 1696. Mr. Secretary - - oop. Senate Bill 1696. Mr. Secretary, please read the bill.
Senate Bill 1696. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported. 16 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 1739. Senator Mulroe. Mr. Secretary, please read the bill.
Senate Bill 1739. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 1797. Senator Morrison. Mr. Secretary, please read the bill.
Senate Bill 1797. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Top of page 4 of your printed Calendar. Senate Bill 1864. Senator Link. Senate Bill 1889. Senator Murphy. Mr. Secretary, please read the bill.
Senate Bill 1889. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 1890. Senator Murphy. Mr. Secretary, please read the bill.
17 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 Senate Bill 1890. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill 1937. Senator Manar. Mr. Secretary, please read the bill.
Senate Bill 1937. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Ladies and Gentlemen of the Senate, with leave of the Body, we're going to turn to page 6 on your printed Calendar. This is the Order of 3rd Readings. Mr. Secretary, please read the -- ring the bell. Senator Martinez in the Chair.
PRESIDING OFFICER: (SENATOR MARTINEZ) In the middle of the page -- in the middle of the pamphlet, we have Senate Bill 1596 -- I'm sorry, 1576 -- 1596. Wow! I can't even see. 1571. Senator Harmon. Are you ready to proceed? Mr. Secretary, please read the bill.
Senate Bill 1571 -- excuse me, Senate Bill 1571. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Harmon.
18 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 Thank you, Madam President, Ladies and Gentlemen of the Senate. There is a provision in the Code of Civil Procedure that allows a party to a medical malpractice action…
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Harmon, let me just -- can we please have it quiet here in the Chamber? Senator Harmon has an important bill.
Thank you, Madam President. It's not that important. There is a provision in the Code of Civil Procedure that allows a party to a -- a medical malpractice action to elect to receive -- or make payments in installments instead of in a lump sum. It was part of a 1985 compromise on medical malpractice reform. Since that time, it has rarely, if ever, been used. This bill simply repeals that Section. It came out of Judiciary Committee yesterday unanimously without any opposition. I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR MARTINEZ) Is there any discussion? Seeing none, the question is, shall Senate Bill 1571 pass. All those in favor will vote Aye. Opposed, Nay. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, we have 57 Members voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1571, having the constitutional majority, is declared passed. Senator Hunter, for what purpose do you rise?
Madam President, I hit the wrong button. I meant to vote Yes on this button -- on this bill, 1571, and I hit the speaking button instead of the green button. So can you please register me as a Yes, please? 19 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019
PRESIDING OFFICER: (SENATOR MARTINEZ) The -- the record will reflect your intentions. In the middle of the page, we will continue. Senate Bill 1596. Senator Sims. Are you ready to proceed? Mr. Secretary, please read the bill.
Senate Bill 1596. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Sims.
Thank you, Madam President and Ladies and Gentlemen of the Senate. Senate Bill 1596 is in response to a request by the Illinois Supreme Court in its decision in Folta v. -- versus Ferro Engineering that the Illinois General Assembly address a glaring inequity in our workers' compensation -- in our workers' -- workers' compensation laws for -- it leaves -- which leaves workers who are exposed to asbestos or other cancer-causing materials without the ability to collect for their injuries under the current state of the law. Senate Bill 1596 carves out exceptions in the provisions of the Workers' Compensation Act and the Workers' Occupational Diseases Act where civil action under both Acts is not permissible. The bill provides an employee, their heirs, and any person with standing a nonwaivable right to bring a civil action against any employer or employers where the employee sustained an injury or died and which recovery of compensation benefits under the Act would be precluded due to the current expiration of a statute of limitations or repose. Madam President, let me address a couple of issues quickly that were brought up 20 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 during committee and in conversations on this legislation.
PRESIDING OFFICER: (SENATOR MARTINEZ) Can we please have everyone's attention? Thank you.
First, why not simply extend the statute of repose to accommodate this issue? Well, frankly, that is not a -- that's a nonsolution, because the period of repose is tied to the status of the law on the date of the injury or the exposure to the harmful substance. So even if we extended the -- the period of repose today, it would do nothing to assist those currently suffering from these conditions or those who have suffered previously, because there is no retroactivity to the standard of repose. Once the period runs, the ability to recover ends. With that, Madam President, I ask for passage of Senate Bill 1596 and would answer any questions.
PRESIDING OFFICER: (SENATOR MARTINEZ) Is there any discussion? Senator Harmon, for what purpose do you rise?
Thank you, Madam President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR MARTINEZ) The sponsor indicates he will yield.
Thank -- thank you, Madam President. Senator Sims, we had a fairly lengthy discussion in Judiciary Committee yesterday and you mentioned this in your introduction, but I want to ask you this question to make sure we put a very fine point on it because the debate was at times confusing in the committee. The opponents to the bill suggested in committee that the solution is to simply 21 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 extend the statute of repose in the Workers' Compensation Act beyond the current twenty-five years. Would such a proposal revive remedies for the victims your bill is attempting to help?
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Sims.
Senator Harmon, thank you for that question. The answer is no. The period of repose is tied to the status of the law on the date that the injury or exposure occurred. So even if we extended the repose today, the repose that was in effect at the time of the injury or the cause of action accrued -- controls. So there is no retroactivity to the statute of repose. The bill will help people diagnosed immediately, which is the effective date of this legislation.
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator -- Senator Barickman, for what purpose do you rise?
Question of the sponsor.
PRESIDING OFFICER: (SENATOR MARTINEZ) Sponsor indicates he will yield.
Thank you, Madam President. Senator, and I appreciate our conversations since committee. Committee certainly was lengthy and I want to ask you a -- a few questions while we're here on the Floor. You touched on this in your opening comments in response to the prior Senator's questions, but is your intent that this legislation is retroactive?
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator -- Senator Sims. 22 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019
Senator, thank you again. Thank you for the question. So, yes, my -- if the question is, is the intent to -- to cover those individuals who are -- who are -- currently been -- been exposed to these carcinogenic materials, then the answer is yes.
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Barickman.
And I'm going to continue, and we want to make sure we're preserving the record for legislative intent here, just so everyone's clear. But -- so when you say it's retroactive, your intention is that these class of individuals who are currently past the statute of repose would now be able to file suit in court. Correct?
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Sims.
And, Senator Barickman, if you -- in reading the -- the Supreme Court's decision in Folta, they are -- that is exactly what the Supreme Court's asking for. The Supreme Court is asking us to look at -- to -- to make sure that we are clearing up this glaring inequity, so that's what this legislation is intended to do, to ensure that we are making -- we are providing a path to individuals who are -- would otherwise be unable to recover under the Workers' Compensation or the Workers' -- Workers' -- the Occupational Diseases Act to -- to then give them a path towards recovery.
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Barickman. 23 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019
I'm not sure that I agree with the characterization of what the court asked for in Folta, but that's neither here nor there. I think the court - and you and I discussed this briefly - the court and -- you know, last night I read Doe versus Diocese of Dallas. That's an Illinois Supreme Court case. I think this legislation flies directly in the face of that court decision. And again, just to -- for the record, your intent here is to do something contrary to that court decision in Doe versus Diocese of Dallas. Correct?
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Sims.
Senator Barickman, I would -- I would dispute -- I would dispute what the court asked for in Doe, because what the court said in Doe is, it's -- when they look at whether or not a -- a - - the statute constructed by the Legislature, it -- can be applicable retroactively, it looked at the Legislature's motive in -- in enacting the change. Again, here, in Folta, they -- there was a -- there was discussion between not just the majority, the split majority in the Supreme Court case, but also in the dissent as written by Justice Freeman upholding the -- the unanimous appellate court decision that said that this was, in -- in the words of the Supreme Court, "twisted logic". So that's number one. The -- the second consideration was the period of retroactivity. The third was whether the -- parties detrimentally relied on the prior version of the law. Under Folta, the Supreme Court specifically state -- they -- in the -- again, in the words of the Supreme Court, they were "cognizant" that it was a "harsh 24 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 result"; that under -- under the -- the -- decision in Folta, that Mr. Folta who -- contracted mesothelioma under "no fault of his own", and that was never -- never in question; that -- that he contracted this -- this disease after working for -- for this company. And as you and I both know, mesothelioma is a latent disease. It does not manifest itself until thirty to fifty years after exposure to asbestos. So in the court's decision in Folta, they -- they acknowledged that there was no possibility for an employee similar to -- to Mr. Folta to recover because, in -- in effect, he died too late.
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Barickman.
To the bill, if I may.
PRESIDING OFFICER: (SENATOR MARTINEZ) To the bill.
Thank you again, Madam President. And thank you again to the sponsor for his -- his dialogue on this. Look, you know, we -- we've got into the weeds pretty well here on a legal issue which is called statute of repose. Statute of repose really is just nothing more than this notion that at some time the law says very clearly that certain rights may be cut off from an aggrieved party. That's what this statute of repose is about and that's what this issue is about. The sponsor has come forward with a proposal, this legislation, which is a solution to a problem that I believe both sides agree exists. This -- the problem is, this situation, not entirely unique, but rare in its frequency, a situation that came forward where an aggrieved party - everyone agrees - an 25 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 aggrieved party was wronged. The -- the system today resulted in an unfair situation for an aggrieved party. There's no dispute over the fact that we should do something about this. The dispute lies in what the proper solution is and the sponsor puts forward a solution that -- that disrupts a very delicate balance that exists today in the workers' comp system. And we've all talked about the workers' comp system ad nauseam in this Body, but this legislation disrupts that system very significantly and disrupts -- disrupts it in a way by moving some of our employee rights out of that system and into the courts. And that -- this proposal, in a much more broad sense, was put forward over the last few years and was dismissed bipartisanly -- or on a bipartisan basis, because together we agreed that that workers' comp system, while not perfect, that workers' comp system does represent the delicate balance that exists between employees, who need an expedited system for seeking -- recovery on workplace injuries, and employers, who need predictability. This proposal threatens that system significantly and that's why this matters. Here's why else it matters. These court cases that Senator Sims and I talked about, these court cases, though we got into the weeds on the legalities of them, here's what those court cases say, those court cases - and this was the Illinois Supreme Court - those court cases say that under Illinois law and under federal law, because of our State and federal constitutions, we all have due process rights. And the proposal put forward that attempts to provide some retroactive recovery to aggrieved parties significantly jeopardizes the due process rights that we all say are important, so important that we put them into our State and federal constitution. This legislation risks those due process rights. The courts -- by the way, both 26 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 the federal courts and the State courts. We referenced the -- the State Supreme Court decision. The -- those cases say very clearly that, in Illinois, there is an abundant history that supports the fact that even when a party is aggrieved, the Legislature cannot go back and retroactively change the law for those aggrieved parties. We can move forward prospectively and this side of the aisle would argue that that's what we should be doing here and we should allow for prospective recovery through that workers' comp system. We shouldn't disrupt that system by saying we're going to move a population of people, small population in this instance, but we're going to move that population of people out of the workers' comp system and into the courts. That proposal, again, was dismissed by the Legislature when bantered about over the last few years, because, again, at a bipartisan -- on a bipartisan basis, we came together and said, as flawed as the workers' comp system may be in some people's eyes, it does work well for handling workforce workplace injuries. And again, this proposal suggests that they're going -- that it could -- it will significantly disrupt that and, in doing so, it puts forward something that I believe the courts have already ruled is unconstitutional and a violation of our State and federal due process rights. So for those reasons, I stand in opposition to the bill. Encourage the sponsor to continue to work with us, which we are willing to do, on a solution that can be made within the workers' comp system. Absent that, I'd ask for a No vote on this proposal. Thank you, Madam President.
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Crowe, for what purpose do you rise?
27 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 Thank you, Madam President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR MARTINEZ) The sponsor indicates he will.
Senator Sims, you stated that it takes thirty to fifty years for a mesothelioma disease to manifest itself. Can you clarify for us, what is the time period for workplace victims to file claims under the Workers' Comp Act?
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Sims.
Under current law, the repose period is twenty-five years. So that's when the -- that's why, under current law, it's so devastating to victims. They're shut out of the possible remedies because they just didn't get sick or die fast enough.
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Crowe.
Thank you. If I may, what percentage of mesothelioma victims die from their disease?
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Sims.
Unfortunately, Senator, -- a -- mesothelioma diagnosis is fatal. So once you are -- the -- the death rate for mesothelioma is one hundred percent.
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Crowe.
28 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 Thank you.
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Holmes, for what purpose do you rise?
Question of the sponsor.
PRESIDING OFFICER: (SENATOR MARTINEZ) The sponsor indicates he will yield.
Yes. Senator, it -- it -- it has been explained to me, when somebody came to me and they asked me, that you seem to be rushing this bill…
PRESIDING OFFICER: (SENATOR MARTINEZ) Can we please keep it down in the Chamber? Thank you.
…that you seem to be rushing this bill through, and I just wanted to ask you, what is the reason for the hurry on doing this bill?
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Sims.
And, Senator, thank you for the question. Thirty, sixty, or ninety days may seem like a short period of time for us, but as I just mentioned, the diagnosis of mesothelioma is a death sentence. So sometimes we are guilty of taking our time for granted, when for those who have been diagnosed with these illnesses, their time is very, very precious. So it's -- for -- for mesothelioma victims, thirty or sixty days may be longer than the -- their life -- their loved one's life expectancy, so I don't take -- we don't -- should not take that for granted. 29 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Holmes.
Yes. And, Senator, did you put an effective date in your bill?
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Sims.
Yes, Senator, we -- we did. Put a -- put an immediate effective date in the bill, because I believe that the General Assembly should act as swiftly as possible. And as we -- this will give us the ability to put -- put into place these changes in the law immediately.
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Holmes.
Yes, to the bill. I just want to say that I think this is very important. I'm glad you've had the discussions we've had here. We are addressing what is basically an unfair and arbitrary time frame, and for these victims, this is crucial. So I would urge an Aye vote, please, for the victims' families. Thank you.
PRESIDING OFFICER: (SENATOR MARTINEZ) Any further discussion? Seeing none, Senator Sims, to close.
Thank you, Madam President. It's -- again, it's important to know - and I -- I appreciate all of the questions here today - this bill allows us to protect workers who have -- who are currently not protected under the law. This allows us to ensure that we are handling cases the way they were being handled before 30 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 the Supreme Court's decision in Folta. If the Workers' Compensation Act, in the words of the court, is a -- the Workers' compensation laws are "humane" laws, we should be ensuring that individuals are given the opportunity to recover for injuries that they have sustained. In Chief Justice -- or in Justice Freeman's dissent, where he relied on several cases, including the unanimous decision of the appellate court, but also a Pennsylvania Supreme Court decision in Tooey versus AK Steel Corporation, he admonished the court for following the twisted logic that would bar the claim because, one, it was unknown at the time of the statute of repose expired and, two, it barred the civil action because of the exclusive remedy provisions of the state's workers' compensation law. This bill is a protection for workers. It is good for our State and I ask for favorable passage.
PRESIDING OFFICER: (SENATOR MARTINEZ) The question is, shall Senate Bill 1596 pass. All those in favor will vote Aye. Opposed, Nay. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 41 persons voting Aye, 16 voting Nay, 1 voting Present. Senate Bill 1596, having received the required constitutional majority, is declared passed. Senator Sims, you are on a roll. Senate Bill 1610. Senator Sims. Don't sit down. Senator Sims. Senator Sims. You're on a roll. 1610. Mr. Secretary, please read the bill.
Senate Bill 1610. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MARTINEZ) 31 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 Senator Sims.
Well, thank you, Madam President. Senate Bill 1610 amends the Code of -- the Criminal Code to allow a defendant to withdraw their guilty plea within two years of conviction if a judge failed to advise the defendant of a -- that the guilty plea could affect their immigration status. This bill should sound familiar to this Chamber. We passed it out of this Chamber last year, 51 to 0, and our colleagues across the rotunda did not follow suit, but we will continue to work with them. So I ask for -- I ask for a favorable passage and would answer any questions.
PRESIDING OFFICER: (SENATOR MARTINEZ) Any discussion? Senator Righter, for what purpose do you rise?
Thank you, Madam President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR MARTINEZ) Sponsor indicate he will.
Thank you. Senator, I want to make sure -- there has been a little noise in the Chamber, so I want to make sure that I…
PRESIDING OFFICER: (SENATOR MARTINEZ) Can we please -- can we please keep it down? Thank you.
You're a jewel, Madam President. Thank you. Senator Sims, I want to make sure that I understand your bill. Your bill, if it were to become law, would allow an individual who is in the country illegally to have their guilty plea withdrawn if the judge did not advise them that their guilty plea could affect their immigration 32 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 status. Is that -- is that right?
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Sims.
Senator Righter, under -- again, the -- under current law, judges are -- have been given the instruction to make the admonishment to -- to defendants who come before them. In the vast majority of cases, that's occurring. But there are cases and instances where it has not. And individuals -- we have -- we've seen that individuals have not made these claims or they have not -- they've not -- they've -- they've -- they've accepted pleas without having an indication of how that would -- involve or impact their immigration status. So, this why -- that's why we have this bill in place to allow for individuals to have the full import of the decisions that they make.
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Righter.
Senator, would the -- does the bill also require that, going forward, courts make this admonishment?
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Sims.
That's already current law, Senator.
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Righter.
So, do you have any idea how many cases we are dealing with, with individuals who entered guilty pleas and then had some kind 33 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 of adverse action taken against them because -- because they were in the country in violation of the law? I mean, how many cases are we dealing with, Senator?
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Sims.
Senator, unfortunately, I don't have that number.
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Righter.
Can -- can you tell me who brought the bill to you and what they said about what -- this is an issue and this is -- this is - - and -- and this is why this is an issue?
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Sims.
So I -- in talking to members of the Illinois State Bar Association, but also practitioners in immigration law, that's how we -- we got to the -- the bill you have before you.
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Righter.
To the bill, if I might, Madam President.
PRESIDING OFFICER: (SENATOR MARTINEZ) To the bill.
Thank you. Thank you, Madam President. Thank you, Senator Sims, for your responses. Ladies and Gentlemen, the issue of if -- of -- of immigration and illegal immigration is a hot-button 34 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 topic. The question that you have before you and the question that you will have the opportunity to ask -- answer for your constituents back home is this, is whether or not you voted to unwind two years of guilty pleas because the individual who was pleading guilty, who I'm -- was in the country illegally, suffered some kind of a ramification with regards to their immigration status and was not made aware of it. I stand in respectful opposition to the bill. I do not think that unwinding two years of guilty pleas in this particular context is the appropriate move. Thank you, Madam President.
PRESIDING OFFICER: (SENATOR MARTINEZ) Any further discussion? Senator McClure. SENATOR McCLURE: Thank you, Madam President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR MARTINEZ) Sponsor indicate he does. SENATOR McCLURE: Senator, we had a discussion about this and I -- I actually had some of the concerns that Senator Righter had about this very issue. But, in fact, is it not true that these guilty pleas can be overturned right now based on the -- not getting that admonition, except for the fact that they can do that in an unlimited way?
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Sims.
And, Senator, you're -- you're -- you're speaking specifically to whether or not you -- you have a -- there's a habeas corpus action that's -- that's instituted, which that could 35 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 be done ad infinitum. But this provides certainty to -- to this process. So we are limiting -- limiting it to two years - again, providing certainty to the process.
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator McClure. SENATOR McCLURE: And so, you know, whether this passes or not, that can still go on an unlimited basis, withdrawing a guilty plea for -- for not getting this admonishment. And so, therefore, that was cleared up to me in committee yesterday and so I would urge my colleagues to vote Yes for this bill.
PRESIDING OFFICER: (SENATOR MARTINEZ) Any further discussion? Seeing none, Senator Sims, to close.
Thank you -- thank you, Madam President and Ladies and Gentlemen of the Senate. Again, this is -- this is a bill that we're -- we're trying to bring -- bring clarity to our process and with -- with -- doing this, we will -- we will do that. So I -- I appreciate the -- the comments. I appreciate the discussion. And I ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR MARTINEZ) The question is, shall Senate Bill 1610 pass. All those in favor will vote Aye. Opposed, Nay. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 44 Members voting Aye, 14 voting Nay, 0 voting Present. This bill, 16 -- Senate Bill 1610, having received the -- the required constitution -- constitutional majority, is declared passed. The Senate will stand at ease for one moment. Senator McClure is going to be here 36 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 at the podium welcoming a group that is here visiting the Capitol. SENATOR McCLURE: Thank you, everyone. I would like to welcome the Grant Generals, the 2019 Grant Middle School Boys Basketball IESA 4A State Champions from right here in Springfield. And I have to say that not only are these young men great athletes, but they also are getting a great education, because I'm -- Grant Middle School is my alma mater. So please join me welcoming these boys and their coaches.
PRESIDING OFFICER: (SENATOR MARTINEZ) Ladies and Gentlemen, we're moving to 3rd Reading. This -- page 4, the top of the page. Senate Bill 10. Senator Manar, are you ready? Moving on, Senator Morrison, on Senate Bill 21. Senator Castro, on Senate Bill 62. Mr. Secretary, please read the bill.
Senate Bill 62. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Castro.
Thank you, Madam President. Senate Bill 62 corrects inconsistent language concerning the effect of an automatic stay under the Bankruptcy Code on a mechanics lien, in respects to the demand and referral program to resolve -- the expired mechanics lien. Senate Bill 61 -- 62 is a trailer to House Bill 5201. It's an initiative of the Illinois State Bar Association. I open it to questions. 37 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019
PRESIDING OFFICER: (SENATOR MARTINEZ) Is there any discussion? Seeing none, the question is, shall -- shall Senate Bill 62 pass. All those in favor will vote Aye. Opposed, Nay. The voting is now 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 Members voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 62, having received the required constitutional majority, is declared passed. Skipping over 72. How about Senate Bill 83? Senator Holmes. Senator Stadelman, on Senate Bill 87. Senator Weaver, on Senate Bill 91. Senator Link, on Senate Bill 110. Senator Manar, on Senate Bill 115. Senator Barickman, on Senate Bill 117. Moving back to Senate Bill 110. Senator Link, are you ready to proceed? Mr. Secretary, please read the bill.
Senate Bill 110. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Link.
Thank you, Madam President. This bill that -- we passed out of here prior -- in the last Session 52 to nothing. It extends the disabled veterans standard homestead exemption to all surviving spouses of qualified disabled veterans or veterans killed in the line of duty. We were able to pass this for the veterans and I think it's extremely important that we pass it for the surviving spouses.
PRESIDING OFFICER: (SENATOR MARTINEZ) 38 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 Any discussion? Seeing none, the question is, shall Senate Bill 110 pass. All those in favor will vote Aye. Opposed, Nay. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Members voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 110, having received the required constitutional majority, is declared passed. Senator Tracy, on Senate Bill 131. Mr. Secretary, please read the bill.
Senate Bill 131. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Tracy.
Thank you. What this does is amend the Animal Control Act. It passed unanimously, I believe, out of this Chamber last year. It did not have such success in the House and so that's why I bring it forth again. Basically, domestic house cats will be required to be inoculated for rabies, much as we do dogs. And likewise, there's a -- a provision of how we would do feral cats if they're brought in to be inoculated, but it is not mandatory that feral cats or farm cats are part of the inoculation unless they're brought in by somebody to be inoculated. So I would ask for an Aye vote. If you have any questions, I'll be glad to answer them.
PRESIDING OFFICER: (SENATOR MARTINEZ) Any further discussion? Senator Peters, for what purpose do you rise?
39 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 This is on 1 -- SB 110? I just intended to vote Yes, so…
PRESIDING OFFICER: (SENATOR MARTINEZ) Can we please put that in the record? Senate Bill 110 be -- Senator Peters was going to vote Yes. Any further discussion on Senate Bill 131? Seeing none, the question is, shall Senate Bill 131 pass. All those in favor will vote Aye. Opposed, Nay. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 Members voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 131, having received the required constitutional majority, is declared passed. Going back to the order, we're going to go to Senate Bill 91. Senator Weaver, for what purpose do you rise?
I'd like to present the bill, please. Thank you.
PRESIDING OFFICER: (SENATOR MARTINEZ) …please read the bill.
Senate Bill 91. (Secretary reads title of bill) 3rd Reading of the bill.
This…
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator -- Senator Weaver.
Thank you, Madam Chairperson {sic}. This is a -- was an agreed bill. What it does is it amends the Illinois Income Tax Act. And there's a checkoff system that exists. What this does 40 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 is add Ronald McDonald House as one of the checkoffs on to this. Does not cost the State any money. And of course, they're a great cause. I would request an Aye vote and thank Senator Koehler for joining me on this one.
PRESIDING OFFICER: (SENATOR MARTINEZ) Any further discussion? Seeing none, the question is, shall Senate Bill 91 pass. All those in favor will vote Aye. Opposed, Nay. The voting is now 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 Members voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 91, having received the required constitutional majority, is declared passed. Moving forward to, Senator Weaver, 156. Mr. Secretary, please read the bill.
Senate Bill 156. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Weaver.
Thank you, Madam Chairwoman.
PRESIDING OFFICER: (SENATOR MARTINEZ) Madam -- it's -- it…
Yes.
PRESIDING OFFICER: (SENATOR MARTINEZ) It's Madam President.
Madam President. 41 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019
PRESIDING OFFICER: (SENATOR MARTINEZ) Madam President.
Thank you.
PRESIDING OFFICER: (SENATOR MARTINEZ) Thank you.
It's a good chance to correct me. I appreciate it. Yeah, I'm really excited about this bill. What it does is it allows inmates, as they're getting ready to re-enter population, access to computers on limited sites. And I ran into this out of the City of Peoria. I was contacted by the re-entry facility there. And here are these guys that can -- want -- want to go get jobs, but they don't have the ability to get on computers to go get those jobs. And today, with today's technology, applications are done online, as well as the search for the job. This was an agreed bill. There's no opposition. Request an Aye vote.
PRESIDING OFFICER: (SENATOR MARTINEZ) Any further discussion? Seeing none, the question is, shall Senate Bill 156 pass. All those in favor will vote Aye. Opposed, Nay. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 Members voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 156, having received the required constitutional majority, is declared passed. Moving to the top of page 5. Senate Bill 158. Senator Barickman. Mr. Secretary, please read the bill.
Senate Bill 158. 42 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Barickman.
Thank you, Madam President. This is an initiative of the Illinois County Treasurers' Association. Makes amendments to the Property Tax Code. The changes generally seek to address situations where unpaid property taxes on property that contain hazardous substances or underground -- underground storage tanks are caught up in a cycle, where they're sold and re-sold through multiple tax sale cycles. I -- there's no opposition to it. I'd ask for an Aye vote.
PRESIDING OFFICER: (SENATOR MARTINEZ) Any discussion? Seeing none, the question is, shall Senate Bill 158 pass. All those in favor, vote Aye. Opposed, Nay. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Members voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 158, having received the required constitutional majority, is declared passed. Senator Anderson, on Senate Bill 167. Senator Mulroe, on -- we'll go right back. Senator Anderson, are you ready to proceed? Mr. Secretary, please read the bill.
Senate Bill 167. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Anderson. 43 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019
Thank you, Madam President. Senate Bill 167 is a technical change, talking about teledoc services for dentists and -- and hygienists. I know of no opposition and I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR MARTINEZ) Any discussion? Seeing none, the question is, shall Senate Bill 167 pass. All those in favor will vote Aye. Opposed, Nay. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, we have 59 Members voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 167, having received the required constitutional majority, is declared passed. Senator Mulroe, on Senate Bill 181. Mr. Secretary, please read the bill.
Senate Bill 181. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Mulroe.
Thank you, Madam President, Members of the -- the Body. This bill, it -- it actually clarifies and just cleans up some -- some wording related to summer -- supplementary proceedings, changing that term to actually citation {sic} (citations) to discover assets, which is in practice what it's actually called. I'd ask for your support.
PRESIDING OFFICER: (SENATOR MARTINEZ) Any discussion? Seeing none, the question is, shall Senate 44 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 Bill 181 pass. All those in favor will vote Aye. Opposed, Nay. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 Members voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 181, having received the required constitutional majority, is declared passed. Senator Lightford, on Senate Bill 185. Senator Lightford. Senator Fine, on Senate Bill 191. Mr. Secretary, please read the bill.
Senate Bill 191. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Fine, on your first bill in the Senate. Senator Fine.
First bill in the Senate, where it's much more dignified. Thank you, Madam President. This legislation closes a gap; that parents don't have to give up custody of their child in order for them to be eligible for Family Support Program services or an Individual Care Grant. This way parents will not lose custody of their child in order to provide them with proper mental health treatment.
PRESIDING OFFICER: (SENATOR MARTINEZ) Any discussion? Seeing none, the question is, shall Senate Bill 191 pass. All those in favor, vote Aye. Okay, let's -- late lights. I'm going to go ahead and take it. Senator Bush, what purpose do you rise?
Point of personal privilege. 45 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019
PRESIDING OFFICER: (SENATOR MARTINEZ) Please state your business.
Since we're not going to rake you over the coals, I'd just like to welcome you to the Senate. Congratulations on your first bill here. You're a wonderful addition and look forward to working with you for many years. Thanks so much.
PRESIDING OFFICER: (SENATOR MARTINEZ) All right. Thank you very much for that, Senator Bush. The question is, shall Senate -- Senate Bill 191 pass. All those in favor will vote Aye. Opposed, Nay. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Members voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 191, having received the required constitutional majority, is declared passed. Senator Lightford, do -- do you wish to go back to 185? Thank you. Senator Hastings, on Senate Bill 195. Senator Bertino- Tarrant, on Senate Bill 209. Senator Murphy, on Senate Bill 220. Mr. Secretary, please read the bill.
Senate Bill 220. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Murphy.
Thank you, Madam President. Senate Bill 220 is -- it's really a simple bill that just requires that condominium owners are notified of -- receive prior notice before fines are enacted. It 46 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 has nothing to do with their assessments. Assessments would continue on the regular schedule, but if someone is assessed a fine, that they would have to be notified before any collection activity occurs. So I know of no opposition. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR MARTINEZ) Any discussion? Senator Rose, for what purpose do you rise? Senator Righter, for what purpose do you rise?
Thank you, Madam President. Will the sponsor briefly yield?
PRESIDING OFFICER: (SENATOR MARTINEZ) The sponsor indicates she will.
Senator Murphy, I want to thank you for taking the time to come over and talk to me a little bit about this bill yesterday. Just to be clear, this would apply to contested fines. In other words, if the -- if the individual is made aware of a violation and is, like, "You're right. I'm going to pay the fine", that -- then the hearing requirement is not triggered. Is that -- is that accurate?
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Murphy.
…a condo owner could pay a fine at any point in time.
PRESIDING OFFICER: (SENATOR MARTINEZ) Any further discussion? Seeing none, the question is, shall -- shall Senate Bill 220 pass. All those in favor will vote Aye. Opposed, Nay. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the 47 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 record. On that question, there are 58 Members voting Aye, 1 voting Present, 0 voting Nay. Senate Bill 220, having received the required constitutional majority, is declared passed. Senator Fine, on -- Senator Rose, what purpose do you rise?
Thank you, Madam President. Ladies and Gentlemen, I'd like to recognize in the Democrat side in the gallery many of our motorcyclist friends from A.B.A.T.E. They're down here today from all over Illinois, but that group contains quite a few of my constituents and if we could welcome 'em to Springfield. And I hope they enjoy their time while they're here.
PRESIDING OFFICER: (SENATOR MARTINEZ) Thank you for visiting the Senate. Welcome. Moving on. Senate Bill 20 -- I mean, I'm sorry, Senate Bill 246. Senator Fine. Mr. Secretary, please read the bill.
Senate Bill 246. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Fine.
Thank you, Madam President. Prices for commodities like fuel often fluctuate from week to week and sometimes even day to day. The bid process requires a minimum of ten days and sometimes longer. This legislation is an initiative of the Park Districts and they would like to relieve themselves of the bidding process so that they can bid on fuel and purchase fuel when the prices are low. They're afraid that if they have to wait the ten days, those 48 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 prices can go up and it's very hard to bid. There are other items that do not have to follow the bidding process, things like telephone service, telecommunications, and they'd like to add fuel in that process so they can have that flexibility to purchase when the prices are low.
PRESIDING OFFICER: (SENATOR MARTINEZ) Any discussion? Seeing none, the question is, shall Senate Bill 246 pass. All those in favor will vote Aye. Opposed, Nay. The voting is now open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Members voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 246, having received the required constitutional majority, is declared passed. Hi. We would like to return back to the Supplemental Calendar No. 1. In the middle of the page, we're going to go back to Senator Morrison on Senate Bill 1387. Mr. Secretary, please read the bill.
Senate Bill 1387. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR MARTINEZ) 3rd Reading. Senator Lightford, on Senate Bill 1524. Mr. Secretary, please read the bill.
Senate Bill 1524. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported. 49 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019
PRESIDING OFFICER: (SENATOR MARTINEZ) 3rd Reading. The Senate will stand in recess to the call of the Chair. After committee, the Senate will reconvene for further Floor action that does not require any votes. The Senate stands in recess. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR MARTINEZ) Senate will come to order. Mr. Secretary, Resolutions.
Senate Resolutions 197 and 198, offered by Senator Bennett and all Members. They are both death resolutions, Madam President.
PRESIDING OFFICER: (SENATOR MARTINEZ) Resolution Consent Calendar.
Senate Resolution 199, offered by Senator Koehler. And Senate Joint Resolution 33, offered by Senator Rezin. They are both substantive.
PRESIDING OFFICER: (SENATOR MARTINEZ) Mr. Secretary, Committee Reports.
Senator Hastings, Chairperson of the Committee on Executive, reports Senate Bills 2 through 6, Senate Bill 11, Senate Bill 12, Senate Bill 14 through 17, Senate Bill 19, Senate Bill 20, Senate Bill 39, Senate Bills 359 through 784 and Senate Bills 785 through 1105, Senate Bill 1558, Senate Bill 1784, Senate Bill 1827, Senate Bill 1863, and Senate Bill 1917 Do Pass. 50 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 Senator Jones, Chairperson of the Committee on Licensed Activities, reports Senate Bill 1684 Do Pass. Senator Landek, Chairperson of the Committee on State Government, reports Senate Bills 175, 1339, 1480, 1639, and 1902 Do Pass; Senate Bills 1918 and 2142 Do Pass, as Amended. Senator Harris, Chairperson of the Committee on Insurance, reports Senate Bill 1557 Do Pass; and Senate Bills 111, 174, and 1377 Do Pass, as Amended. Senator Hutchinson, Chairperson of the Committee on Revenue, reports Senate Bills 1240, 1456, 1548, 1579, 1689, 1755, 1800, and 1858 Do Pass; Senate Bills 119 and 1379 Do Pass, as Amended; Senate Amendment 1 to Senate Bill 1257 Recommend Do Adopt.
PRESIDING OFFICER: (SENATOR MARTINEZ) Mr. Secretary, 1st -- Senate Bill 1st Reading.
Senate Bill 2239, offered by President Cullerton. (Secretary reads title of bill) 1st Reading of the bill.
PRESIDING OFFICER: (SENATOR MARTINEZ) Senate -- Senate Calendar, Supplemental Calendar 3 -- 2 has been distributed. We are going to second page, Senate Bill 2142. Senator Villivalam. Mr. Secretary, please read the bill.
Senate Bill 2142. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on State Government adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR MARTINEZ) Have there been any Floor amendments approved for 51 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 18th Legislative Day 3/6/2019 consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR MARTINEZ) 3rd Reading. There being no further business to come before the Senate, the Senate stands adjourned until the hour of 12 noon on the -- on the 7th day of March 2019. The Senate stands adjourned. 52