PRESIDING OFFICER: (SENATOR LIGHTFORD) The regular Session of the 100th General Assembly -- 101, excuse me, 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 -- please rise. The invocation today will be given by Pastor Lekevie Johnson, Jericho Missionary Baptist Church, Champaign, Illinois. Pastor Johnson.
(Prayer by Pastor Lekevie Johnson)
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please remain standing for the Pledge of Allegiance. Senator Cunningham.
(Pledge of Allegiance, led by Senator Cunningham)
PRESIDING OFFICER: (SENATOR LIGHTFORD) Lisa Yuscius, Blueroomstream.com, requests permission to videotape. Leave is granted. Joseph Bustos, Belleville News- Democrat, requests permission to take photographs and videos. Leave is granted. Senator Steans, for what purpose do you rise?
For a point of personal privilege.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your privilege point, Senator.
Yes, I just wanted to introduce my Page for the Day. I have Ezra Mann here from Chicago. He's a third grader at Blaine, likes math and Dungeons and Dragons. And his mom, Sue, is up in the gallery behind the President's Rostrum as well. So please welcome them to Springfield. 1 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019
PRESIDING OFFICER: (SENATOR LIGHTFORD) Welcome to the Illinois General Assembly. Senator Hutchinson, for what purpose do you rise?
Thank you, Madam President. Point of introduction.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your point.
I have -- I have with me a very special guest today. Her name is Angel Ativie and she goes to St. Benedict Prep School. She likes to play basketball, track, volleyball, tennis, and she also plays the violin. She's in fifth grade. But here's something that's like really significant - she just made it to State in track as a fifth grader running against seventh graders. This girl is a champion, right here. So please give her a warm Springfield welcome.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Welcome to the Illinois General Assembly. Mr. Secretary, Reading and Approval of the Journal.
Senate Journal of Tuesday, May 21st, 2019.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator -- Hunter.
Madam 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 LIGHTFORD) Thank you, Senator. Senator Hunter moves to approve {sic} 2 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 the Journals just read by the Secretary. There being no objection, so ordered. Mr. Secretary, Resolutions.
Senate Resolution 433, offered by Senator McGuire and all Members. And Senate Resolution 434, offered by Senator Belt and all Members. They are both death resolutions, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Resolution Consent Calendar. Mr. Secretary, Committee Reports.
Senator Bertino-Tarrant, Chairperson of the Committee on Education, reports Senate Amendment 1 to Senate Bill 459, Senate Amendment 1 to House Bill 247, Senate Amendment 1 to House Bill 254, Senate Amendment 1 to House Bill 2719, Senate Amendment 1 to House Bill 3086, Senate Amendment 1 to House Bill 3302, Senate Amendment 1 to House Bill 3586, and Senate Amendment 3 to Senate Joint Resolution 36 Recommend Do Adopt. Senator Van Pelt, Chairperson of the Committee on Public Health, reports Motion to Concur - House Amendment 1 to Senate Joint Resolution 14 Recommend Do Adopt; House Bill 2276 Do Pass; House Bill 2895 Do Pass, As Amended; Senate Amendment 3 to House -- House Bill 3 and Senate Amendment 1 to House Bill 5 Recommend Do Adopt. Senator Castro, Chairperson of the Committee on Veterans Affairs, reports Senate Amendments 1 and 2 to House Bill 120 Recommend Do Adopt. Senator McGuire, Chairperson of the Committee on Higher 3 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 Education, reports House Bill 2237 Do Pass; and Senate Amendment 1 to House Bill 26 Recommend Do Adopt. Senator Mulroe, Chairperson of the Committee on Judiciary, reports Senate Amendment 1 to House Bill 2528, Senate Amendment 2 to House Bill 2766, Senate Amendment 2 to House Bill 2975, and Senate Amendment 3 to House Bill 3606 Recommend Do Adopt. Senator Morrison, Chairperson of the Committee on Human Services, reports Senate Amendment 1 to House Bill 3065 Recommend Do Adopt. Senator Sandoval, Chairperson of the Committee on Transportation, reports House Bills 3233 and 3534 Do Pass. Senator Sims, Chairperson of the Committee on Criminal Law, reports House Bill 160 Do Pass; House Bill 38 Do Pass, As Amended; Senate Amendment 2 to House Bill 2541 and Senate Amendment 1 to House Bill 3396 Recommend Do Adopt. Senator Holmes, Chairperson of the Committee on Local Government, reports Senate Amendment 2 to House Bill 2215 and Senate Amendment 4 to House Bill 2708 Recommend Do Adopt. Senator Aquino, Chairperson of the Committee on Government Accountability and Pensions, reports House Bills 2071 and 2502 Do Pass; and Senate Amendment 2 to House Bill 3263 Recommend Do Adopt. Senator Cullerton, Chairperson of the Committee on Labor, reports Senate Amendment 2 to House Bill 834, Senate Amendment 1 to House Bill 2301, Senate Amendment 1 to House Bill 2557, and Senate Amendment 1 to House Bill 35 -- 3405 Recommend Do Adopt. Senator Harris, Chairperson of the Committee on Insurance, reports Senate Amendment 2 to House Bill 2846, Senate Amendment 3 to House Bill 3113, Senate Amendment 1 to House Bill 3503, and Senate Amendment 3 to House Bill 3509 Recommend Do Adopt. 4 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 Senator Hutchinson, Chairperson of the Committee on Revenue, reports Senate Amendment 2 to House Bill 925, Senate Amendment 2 to House Bill 1561, Senate Amendment 4 to House Bill 2931, and Senate Amendment 4 to House Bill 3501 Recommend Do Adopt.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Mr. Secretary, Messages.
A Message from the House by Mr. Hollman, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 944. Together with the following amendment which is attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment 2 to Senate Bill 944. We have received like Messages on Senate Bill 946, with House Amendment 1; Senate Bill 1090, with House Amendment 1; Senate Bill 1136, with House Amendment 1; Senate -- Senate Bill 2012 -- excuse me, Senate Bill 1226, with House Amendment 1; and Senate Bill 1239, with House Amendment 1. Passed the House, as amended, May 21st, 2019. John W. Hollman, Clerk of the House.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The Senate will stand at ease. The Senate will stand at ease for a few minutes to allow the Committee on Assignments to meet. The Members of the Committee on Assignments will come to the President's Anteroom immediately. The Senate will stand at ease. Senator Koehler is in the Chair.
PRESIDING OFFICER: (SENATOR KOEHLER) 5 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 Mr. Secretary, Committee Reports.
Senator Lightford, Chairperson of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to Agriculture Committee - Motion to Concur with House Amendment 1 to Senate Bill 241; refer to Executive Committee - Floor Amendment 1 to House Bill 3610; refer to Human Services Committee - Motion to Concur with House Amendment 1 to Senate Bill 191; refer to Judiciary Committee - Motion to Concur with House Amendment 1 to Senate Bill 193; refer to Public Health Committee - Senate Joint Resolution 43; refer to State Government Committee - Floor Amendment 3 to House Bill 2924, and Motion to Concur with House Amendment 1 to Senate Bill 1136; Be Approved for Consideration - Floor Amendment No. 2 to House Bill 2301 and Floor Amendment 5 to House Bill 3501. Signed, Senator Kimberly Lightford, Chairperson.
PRESIDING OFFICER: (SENATOR KOEHLER) On page 16 of the Calendar is the Order of House Bills 2nd Reading. We will start with Senate Bill -- or House Bill 142. Senator -- President Cullerton. We'll go to House Bill -- House Bill 205. Senator Van Pelt. House Bill 2719. Senator Manar. House Bill 2763. Senator Cunningham. House Bill 2836. Senator Manar. Senator Castro, for what purpose do you seek recognition?
Point of introduction, Mr. President.
PRESIDING OFFICER: (SENATOR KOEHLER) Please make your introduction.
Thank you, Mr. President, Members of the Chamber. I'd like 6 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 -- want to introduce my Page for the Day, Jackson Kretchmer. He's a resident of Evanston and he goes to Nichols Middle School. He loves video games and is a dog lover, like me, and I'd like to extend a warm Springfield welcome.
PRESIDING OFFICER: (SENATOR KOEHLER) Let's welcome our guest to the Illinois Senate. Welcome. Senator Curran, for what purpose do you seek recognition?
Thank you, Mr. President. I have -- want to -- point of personal privilege.
PRESIDING OFFICER: (SENATOR KOEHLER) Please state your point.
I would like to introduce my two Pages for the Day, Camden and Porter Briggs, both from Downers Grove. Camden attends fourth grade, Porter third grade, at Fairmount Elementary School. Camden likes to read, plays baseball, future trumpet player, and wants to be a chicken farmer when he grows up. Porter likes math, plays baseball, is a future violin player, and wants to be a Major League baseball player when he grows up. And both Camden and Porter have favorite pets at home of chickens, parakeets, rabbits, and fish. And they're accompanied here in the Illinois Senate, in the President's Gallery, by their sister, Sydney, and their parents, Todd and Daphne Briggs. So I would ask if we could give a warm welcome to the Briggs family by the Illinois Senate.
PRESIDING OFFICER: (SENATOR KOEHLER) Welcome to the Illinois Senate. Senator Sandoval, for what purpose do you seek recognition?
7 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 Thank you -- thank you, Mr. President. For personal privilege.
PRESIDING OFFICER: (SENATOR KOEHLER) Please state your point.
I'd like to give a warm welcome to a good friend of mine, who's traveling all the way from Dolton, Illinois. He's the President and CEO of one of the fastest-growing wastewater treatment facilities in Illinois, minority-owned. Like to give a warm welcome to Ricardo Martinez.
PRESIDING OFFICER: (SENATOR KOEHLER) Welcome to the Illinois Senate. Senator Fine, for what purpose do you seek recognition?
For an introduction, please.
PRESIDING OFFICER: (SENATOR KOEHLER) Please state your introduction.
I'd like to introduce my Page for the Day. Her name is Izzie Boyd. She attends Braeside Elementary School in Highland Park. She is a very active second, almost third, grader. She likes soccer, and at school, she likes gym, music, and, of course, recess. Welcome, Izzie.
PRESIDING OFFICER: (SENATOR KOEHLER) Welcome to the Illinois Senate. Senator Bush, for what purpose do you seek recognition?
Point of personal privilege, an introduction.
PRESIDING OFFICER: (SENATOR KOEHLER) 8 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 Please state your point.
Well, it looks like we've all got some pretty amazing Pages here today. I know that I do and I'd just like to welcome Adesuwa. And Adesuwa is a second grader and she wants to grow up -- when she grows up she wants to be a vet and a dolphin trainer. Sounds like those are pretty good career choices. And her sister is here, Obehi, and Obehi is in preschool and she wants to be an artist. So I wish that you'd welcome them here to the Senate. We're really excited to have them down here today.
PRESIDING OFFICER: (SENATOR KOEHLER) Welcome to the Illinois Senate. Senator McGuire, for what purpose do you seek recognition? SENATOR McGUIRE: Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR KOEHLER) Please state your point. SENATOR McGUIRE: Thank you. Ladies and Gentlemen of the Senate, I have three very special guests here today. Behind me, I have two longtime friends, Jane Phillips and Sharon Nisius, and to my right, my wife, Lora. Big day for us. It was on this day, May 22nd, we were married, and so if you would please help us celebrate our thirty- ninth, forty -- forty -- forty-second anniversary. Thank you.
PRESIDING OFFICER: (SENATOR KOEHLER) Congratulations. Welcome to the Illinois Senate. And you're in trouble. Senator Ellman, for what purpose do you seek recognition?
9 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 Point of personal privilege. At least he didn't say fifty years.
PRESIDING OFFICER: (SENATOR KOEHLER) Please state your point.
I'd like to introduce to all of my colleagues here in the Senate my Page for a Day, Emme Childs. Emme's a resident of Naperville and she goes to Jefferson Junior High, where she is a sixth grader, and looking forward to taking a trip and going swimming this summer. She says her favorite thing to do is to play soccer and she plays with a team called the Warriors. She also sings in the Naperville {sic} Junior High Choir. And she's still deciding what she wants to do when she grows up, but her favorite subject is Project Idea and she also enjoys math. Please join me in welcoming Emme to the Illinois State Senate. Thank you.
PRESIDING OFFICER: (SENATOR KOEHLER) Welcome to the Illinois Senate. Mr. Secretary, Messages from the House.
A Message from the House by Mr. Hollman, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 1343. Together with the following amendment which is attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment 1 to Senate Bill 1343. 10 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 We have received like Messages on Senate Bill 1371, with House Amendment 1; Senate Bill 1473, with House Amendment 2; Senate Bill 1495, with House Amendment 1; Senate Bill 1498, with House Amendment 1; Senate Bill 1506, with House Amendment 1; Senate Bill 1518, with House Amendment 1; and Senate Bill 1524, with House Amendment 1. All passed the House, as amended, May 22nd, 2019. John W. Hollman, Clerk of the House.
PRESIDING OFFICER: (SENATOR KOEHLER) On page 12 of the Calendar is the Order of House Bills 3rd Reading. This is final action. We'll start in the middle of the page. We'll skip 2946. We'll go to House Bill 2957. Senator Harris. House Bill 2975. Senator Villivalam. House Bill 2992. Senator Sims. Senate Bill 3014. Senator Aquino. Senator Aquino? Mr. Secretary, please read the bill.
House Bill 3014. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Aquino, to explain your bill.
Thank you, Mr. President. House Bill 3014 requires the Department of Agriculture to rename the Ethnic Village exhibit at the Illinois State Fair to the Village of Cultures. A little bit of background, the Ethnic Village currently hosts about fifteen nationalities and two international beer booths at the Illinois State Fair. The Ethnic Village was established as an attraction in 1981. This was an initiative of the House sponsor. Words and terms matter and we're just trying to make this simple change, so 11 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 I ask for an Aye vote. I know of no opponents.
PRESIDING OFFICER: (SENATOR KOEHLER) Any discussion? Any discussion? Seeing none, the question is, shall Senate -- shall House Bill 3014 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 voting Yea, none voting Nay, none voting Present. And House Bill 3014, having received the required constitutional majority, is declared passed. John O'Conner from the Associated Press requests permission to do still photos. Seeing no objection, leave is granted. We will go to House Bill 3018. No, we'll skip that one actually. We'll go to House Bill 3035. Senator Steans. Mr. Secretary, please read the bill.
House Bill 3035. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Out of the record. House Bill -- going to page 13. On the top of the page, House Bill 3041. Senator Weaver. Mr. Secretary, please read the bill.
House Bill 3041. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Weaver, to explain your bill.
12 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 Thank you -- thank you, Mr. President. Very simple bill. Amends the Vehicle Code and creates a universal decal for pancreatic cancer awareness. There were no No votes in the House. There's no opposition. I'd request an -- a Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR KOEHLER) Is there any discussion? Seeing none, the question is, shall House Bill 3041 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? On that question -- take the record. On that question, there are 58 voting Yea, none voting Nay, none voting Present. And House Bill 3041, having received the required constitutional majority, is declared passed. We'll go to House Bill 3061. Senator Sims. House Bill 3082. Senator Aquino. Senator Aquino, on House Bill 3082. Mr. Secretary, read the bill.
House Bill 3082. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Aquino, to explain your bill.
Thank you, Mr. President. House Bill 3082 allows for an automatic deferred compensation plan for the General Assembly Retirement System, State Employee {sic} (Employees') Retirement System, and the Judge {sic} (Judges') Retirement System, or also known at the State Retirement Systems. It's an initiative of the House sponsor. Voted out of the House unanimously. I know of no opponents. I ask for an Aye vote. 13 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019
PRESIDING OFFICER: (SENATOR KOEHLER) Is there any discussion? Seeing none, then the question is, shall House Bill 3082 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 59 voting Yea, none voting Nay, none voting Present. And House Bill 3082, having received the required constitutional majority, is declared passed. House Bill 3084. Senator Harmon. House Bill 3086. Senator Belt. Mr. Secretary, please read -- Senator Belt seeks leave of the Body to return House Bill 3086 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 3086. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Belt.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Belt, to explain your amendment.
Thank you, Mr. President. I recommend to adopt and discuss on 3rd.
PRESIDING OFFICER: (SENATOR KOEHLER) 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 KOEHLER) 3rd Reading. Now on the Order of 3rd Reading is House Bill 3086. Mr. Secretary, please read the bill. 14 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019
House Bill 3086. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Belt, to explain your bill.
Thank you again, Mr. President. House Bill 3086, as amended, requires the Emotional Intelligence and Social and Emotional Learning Task Force to include strategies and instructions on how to address the needs of students with anger management issues within their recommendation of curriculum best practices, along with identifying and recommending additional resources for social and emotional learning.
PRESIDING OFFICER: (SENATOR KOEHLER) Is there any discussion? Seeing none, the question is, shall House Bill 3086 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 58 voting Yea, none voting Nay, none voting Present. And House Bill 3086, having received the required constitutional majority, is declared passed. House Bill 3097. Senator Fine. Mr. Secretary, please read the bill.
House Bill 3097. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Fine, to explain your bill. 15 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019
Thank you, Mr. President. This is another tool in the toolbox for safe prescription drug medications. This legislation is a partnership between the UIC Doctor of Pharmacy Program and for prescribing physicians under Medicaid. It develops a pharmaceutical education program for prescribing physicians on medications for treatment of pain, diabetes, hypertension, respiratory virus, and nicotine dependence.
PRESIDING OFFICER: (SENATOR KOEHLER) Is there any discussion? Seeing none, the question is, shall House Bill 3097 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yea, none voting Nay, none voting Present. And House Bill 3097, having received the required constitutional majority, is declared passed. House Bill 3113. Senator Fine. Mr. Secretary, please read the bill. Senator Fine seeks leave of the Body to return House Bill 3113 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is House Bill 3113. Are there any Floor amendments approved for consideration?
Floor Amendment No. 3, offered by Senator Fine.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Fine, to explain your amendment.
Thank you, Mr. President. As amended, 3113 mandates that insurance plans cover an annual visit during their appropriate times and chose the coding that needs to be used. Oh, I'm going 16 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 to pass and do it on 3rd. I'll explain the amendment on 3rd Reading. Thank you.
PRESIDING OFFICER: (SENATOR KOEHLER) 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 KOEHLER) 3rd Reading. Now on the Order of 3rd Reading is Senate {sic} Bill 3113. Mr. Secretary, please read the bill.
House Bill 3113. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Fine, to explain your bill.
Thank you. As I had mentioned before, what the bill does is it mandates insurance plan coverage for one office visit using the proper coding for a skin examination for the prevention and treatment of skin cancer.
PRESIDING OFFICER: (SENATOR KOEHLER) Is there any discussion? The question is, shall House Bill 3113 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 58 voting Yea, none voting Nay, none voting Present. And House Bill 3113, having received the required constitutional majority, 17 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 is declared passed. Senator Weaver, for what purpose do you seek recognition? We will now go to House Bill 3151. Senator Sims. House Bill 3237. Senator Martinez. Mr. Secretary, please read the bill.
House Bill 3237. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Martinez, to explain your bill.
…you -- thank you, Mr. President, Members of the Senate. House Bill 3237, as amended, requires ISBE to accept other testing methods for students to demonstrate English language proficiency for eligibility to receive the State Seal of Biliteracy. And I'll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR KOEHLER) Is there any discussion? Seeing none, the question is, shall House Bill 3237 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 59 voting Yea, none voting Nay, none voting Present. And House Bill 3237, having received the required constitutional majority, is declared passed. We'll turn now to page 14. At the top of the page, we'll go to House Bill 3263. Senator Curran seeks leave of the Body to return House Bill -- 3263 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is House Bill 3263. Mr. Secretary, are there any Floor amendments approved for consideration? 18 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019
Floor Amendment No. 2, offered by Senator Curran.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Curran, to explain your amendment.
Thank you, Mr. President. I would seek leave of the Body to explain -- adopt Floor Amendment 2 and explain it on 3rd.
PRESIDING OFFICER: (SENATOR KOEHLER) 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 KOEHLER) 3rd Reading. Now on the Order of 3rd Reading is House Bill 3263. Mr. Secretary, please read the bill.
House Bill 3263. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Curran, to explain your bill.
Thank you, Mr. President. This bill is a transparency initiative that will require IMRF to post information on the website involving individual municipal pension systems and will that -- thus require the local entity to then just post a link on their website to this pension transparency information. We have worked with IMRF and IML on the language in this bill and the 19 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 implementation time and I would ask for your consideration and approval.
PRESIDING OFFICER: (SENATOR KOEHLER) Is there any discussion? Seeing none, the question is, shall House Bill 3263 pass. All those in favor will say 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 59 voting Yea, none voting Nay, none voting Present. And House Bill 3263, having received the required constitutional majority, is declared passed. House Bill 3269. Senator McGuire. House Bill 3299. Senator Harmon. House Bill - - we'll skip the next one. House Bill 3331. Senator Fine. Mr. Secretary, please read the bill.
House Bill 3331. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Fine, to explain your bill.
Thank you, Mr. President. What this legislation does is it gives homeless prevention programs more flexibility in the way they spend their current dollars.
PRESIDING OFFICER: (SENATOR KOEHLER) Is there any discussion? Seeing none, the question is, shall House Bill 3331 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 voting Yea, 1 voting Nay, none voting 20 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 Present. And House Bill 3331, having received the required constitutional majority, is declared passed. House Bill 3358. Senator Tom Cullerton. House Bill 3405. Senator Aquino. Senator Aquino, on House Bill 3405. Senator Aquino seeks leave of the Body to return House Bill 3405 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is House Bill 3405. Mr. Secretary, are there any Floor amendments approved for consideration.
Floor Amendment No. 1, offered by Senator Aquino.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Aquino, to explain your amendment.
I -- I ask for the amendment's adoption. I'll explain it on 3rd.
PRESIDING OFFICER: (SENATOR KOEHLER) 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 KOEHLER) 3rd Reading. Now on the Order of 3rd Reading is -- is House Bill 3405. Mr. Secretary, please read the bill.
House Bill 3405. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) 21 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 Senator Aquino, to explain your bill.
Thank you, Mr. President. House Bill 35 -- 3405 provides that gratuities are the property of the employee and an employer's failure to pay gratuities owed to an employee more than thirteen days after the end of the pay period in which the gratuities were earned is a violation of Wage Payment and Collection Act. Bill also expressly allows tip pooling. As amended, it adds a provision, per the Department of Labor, to clarify that the Department may file a claim against the employer to enforce the final administrative decision in the circuit court of any county where an official office of the Department is located to collect any amounts due in connection with the final administrative decision. This is declarative of current practices. It passed out of the House unanimously. I don't know of any opponents and I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR KOEHLER) Is there any discussion? Seeing none, the question is, shall House Bill 3405 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 59 voting Yea, none voting Nay, none voting Present. And House Bill 3405, having received the required constitutional majority, is declared passed. House Bill 3424. Senator Tom Cullerton. House Bill 3426. Senator Tom Cullerton. House Bill 3471. Senator Crowe. Mr. Secretary, please read the bill.
House Bill 3471. 22 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Crowe, to explain your bill.
…President. House Bill 3471 amends the Insurance Code to require a group or individual policy of accidental or health insurance amended, delivered, issued, or renewed after the effective date of the bill to provide coverage for cardiopulmonary monitors. Such coverage must be deemed medically necessary for a person eighteen years or younger who has a cardiopulmonary event. This bill also makes the corresponding change applicable to Medicaid.
PRESIDING OFFICER: (SENATOR KOEHLER) Is there any discussion? Seeing none, the question is, shall House Bill 3471 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 58 voting Yea, none voting Nay, none voting Present. And House Bill 3471, having received the required constitutional majority, is declared passed. House Bill 3481. Senator Ellman. Mr. Secretary, please read the bill.
House Bill 3481. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Ellman, to explain your bill.
23 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 Okay. Thank you, Mr. President, fellow Senators. House Bill 3481 is identical to Senate Bill 2140, which we passed on April 4th. It repeals the Kyoto Protocol Act of 1998, which was intended to prevent the EPA and Pollution Control Board from proposing or adopting rules to reduce greenhouse gases. And I would take any questions, but I would request an Aye vote.
PRESIDING OFFICER: (SENATOR KOEHLER) Is there any discussion? Senator Plummer.
Yes, Mr. President, a question of the sponsor.
PRESIDING OFFICER: (SENATOR KOEHLER) The sponsor indicates she will yield.
Senator Ellman, my understanding is the US EPA is currently reviewing current rules regarding this topic and we expect new standards to be announced fairly soon. Do you have any idea what kind of timeline we're looking at for that?
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Ellman.
No, I don't. Thank you -- thank you, Senator Plummer. I don't; however, those -- the current state of play for the US EPA really has no bearing on whether we want to repeal the Kyoto Protocol Act or not. This was from 1998. The Kyoto Protocol Act was really valid up until 2012, and by repealing it, we can just wait -- stop waiting for the U.S. Congress to ratify the Kyoto Protocol Act.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Plummer. 24 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019
I would actually think that it -- it's highly relevant. In fact, the US EPA has been conducting meetings throughout the country, including, as I'm sure you are aware, perhaps you attended, they had a meeting last fall in Chicago. Some of the Members of this Body actually testified at that committee because these rules are very relevant to Illinois; they're very relevant to a lot of our districts. And I -- if you participated in that meeting, I'm curious. If not, did -- did anyone on your side of the aisle participate in those meetings with US EPA?
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Ellman.
Thank you. No, I'm not sure, but I don't know that it really has any bearing on this bill in particular. This -- by repealing the Kyoto Protocol Act, we are not going to be exceeding any federal regulations. We -- as a US state, we have to follow -- federal laws and we -- this is not a proposal to do anything but.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Plummer.
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR KOEHLER) To the bill.
I -- I -- I would just have to strongly disagree with the sponsor. This bill actually creates a blank check for the IEPA to create a whole new set of standards. Right now, according to rules, the State of Illinois must comply with strict standards at 25 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 the federal level. We must maintain National Ambient Air Quality Standards under the national Clean Air Act. And what this bill does, for those of you that have large industry in your district, for those of you that have factories in your district, for those of you that have energy in your district, what this bill does is it tells all of those businesses, including those businesses that make massive investments and employ a lot of people, that Illinois is closed for business. We need stability in Illinois. We need stability across a lot of topics. And when we remove stability regarding what our standards are going to be on this matter, we tell every business not to invest in Illinois. We need investment. Downstate Illinois is dying for jobs. The industries that we thrive on depend on these rules. And what this does is it creates uncertainty and it chases investment out of this State. I urge a No vote on this bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Further discussion? Senator Bush.
Thank you. Hadn't planned on speaking, but I want to be clear that the Illinois IEPA is certainly a responsible agency and I don't think they're going to be adopting anything that is not concerned about the impact on business in the State of Illinois. And I'd like to just layout what happened with ethylene oxide in this State, if you think the federal government is doing an adequate job. So I would urge an Aye vote and I just appreciate it coming forward. Thank you.
PRESIDING OFFICER: (SENATOR KOEHLER) Further discussion? Senator Ellman, to close.
26 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 Thank you, Senator Bush. Thank you, Senator Plummer. Please note that the Clean Air Act prevents any state from enacting regulations that go above and beyond the federal level. This does not -- this does not create volatility or uncertainty in the market. This just takes away -- we don't have to wait for the U.S. Congress to ratify the Kyoto Protocol Act. And I urge an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR KOEHLER) The question is, shall House Bill 3481 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 36 voting Yea, 17 voting Nay, none voting Present. And House Bill 3481, having received the required constitutional majority, is declared passed. We'll turn now to page 15. I'm sorry, Senator Crowe, for what purpose do you seek recognition?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR KOEHLER) Please state your point.
House Bill 3471 that we just passed out of the house is called Marlie's Law. Marlie is the name of an infant from Wood River, in my district, who passed away after a second episode of apnea, shortly after she was denied a heart monitor due to its cost. Marlie's grandmother, Mary Cope, is here, standing beside me today. Mary has worked tirelessly for Marlie in a hope to prevent what happened to her family from happening to any other. I commend her today and I ask you all to join me. 27 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019
PRESIDING OFFICER: (SENATOR KOEHLER) Welcome to the Illinois Senate. Senator Holmes, for what purpose do you seek recognition?
Thank you, Mr. President. I did not get to my button in time for House Bill 3481. Could I please be put down as an Aye vote?
PRESIDING OFFICER: (SENATOR KOEHLER) The record will reflect your intentions. We're going to go to the top of page 15. House Bill 3482. Senator Fine. Mr. Secretary, please read the bill.
House Bill 3482. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Fine, to explain your bill.
Thank you, Mr. President. This bill provides that the Governor shall convene an Offshore Wind Energy Economic Development Policy Task Force in order to analyze and evaluate policy and economic options to facilitate the development of offshore wind energy.
PRESIDING OFFICER: (SENATOR KOEHLER) Is there any discussion? Seeing none, the question is, shall House Bill 3482 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 59 voting Yea, none voting Nay, none voting Present. And House Bill 3482, having received the required 28 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 constitutional majority, is declared passed. House Bill 3483. Senator Fine. Mr. Secretary, please read the bill.
House Bill 3483. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Fine, to explain your bill.
Thank you. This legislation updates the Section of the Department of Human Services Act concerning the PUNS database of individuals with intellectual/developmental disabilities who are waiting for services. It requires DHS to make general information about the PUNS list available to the public through an Internet site. And it allows DHS, subject to appropriation, to offer a web-based verification and information-update application.
PRESIDING OFFICER: (SENATOR KOEHLER) Is there any discussion? Seeing none, the question is, shall House Bill 3483 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 59 voting Yea, none voting Nay, none voting Present. And House Bill 3483, having received the required constitutional majority, is declared passed. House Bill 3503. Senator Bertino-Tarrant. Mr. Secretary -- Senator Bertino-Tarrant seeks leave of the Body to return House Bill 3503 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is House Bill 3503. Mr. Secretary, are there any Floor amendments approved for consideration? 29 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019
Floor Amendment No. 1, offered by Senator Bertino-Tarrant.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Bertino-Tarrant, to explain your amendment.
Thank you, Mr. President. I ask for its adoption and I'll explain on 3rd.
PRESIDING OFFICER: (SENATOR KOEHLER) 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 KOEHLER) 3rd Reading. Now on the Order of 3rd Reading is House Bill 3503. Mr. Secretary, please read the bill.
House Bill 3503. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Bertino-Tarrant, to explain your bill.
Again, thank you, Mr. President, Members of the Chamber. As amended, House Bill 3505 {sic} requires insurers to offer optional coverage for hearing instruments and any related service for all individuals when so prescribed by a hearing care professional. The optional coverage is subject to all cost-sharing requirements. And this requirement does not apply if a group does not meet the 30 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 insurer's minimum participation requirement. I -- I will note that it did pass out of Insurance Committee on the Agreed Bill List. And I'm happy to answer any questions.
PRESIDING OFFICER: (SENATOR KOEHLER) Is there any discussion? Seeing none, the question is, shall House Bill 3503 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 59 voting Aye, none voting Nay, none voting Present. And House Bill 3503, having received the required constitutional majority, is declared passed. House Bill 3509. Senator Crowe. Mr. Secretary, please read the bill. Senator Crowe seeks leave of the Body to return House Bill 3509 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading now is House Bill 3509. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 3, offered by Senator Crowe.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Crowe, to explain your amendment.
Thank you, Mr. President. I ask the amendment be adopted and I'll explain on 3rd.
PRESIDING OFFICER: (SENATOR KOEHLER) 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. 31 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019
PRESIDING OFFICER: (SENATOR KOEHLER) 3rd Reading. Now on the Order of 3rd Reading is House Bill 3509. Mr. Secretary, please read the bill.
House Bill 3509. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Crowe, to explain your bill.
Thank you, Mr. President. This bill requires that certain insurance plans cover donated human breast milk deemed medically necessary for infants between zero and six months old, six months old - thank you - and older, and infants twelve months old and older who have mothers with certain medical conditions or when breast milk is prescribed by a licensed medical professional. The coverage for infants twelve months and older is only applicable to Medicaid. I -- I know of no opposition and I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR KOEHLER) Is there any discussion? Seeing none, the question is, shall House Bill 3509 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? Please take the record. On that, there are 58 voting Yea, none voting Nay, none voting Present. And House Bill 3509, having received the required constitutional majority, is declared passed. And I'm sorry, I did not see your light in time, Senator Oberweis. Did you -- for what purpose did you seek recognition?
32 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 Thank you, Mr. President. I just wanted to ask the sponsor of the bill if she would consider including very, very high quality cow's milk in the -- the bill as well.
PRESIDING OFFICER: (SENATOR KOEHLER) You can talk to her at your leisure. Senator Murphy, for what purpose do you seek recognition?
Thank you, Mr. President. For an announcement.
PRESIDING OFFICER: (SENATOR KOEHLER) Please state your announcement.
So I'd like everyone to know, since we are in a break moment here, that IBEW is having the renewable energy semi-truck today on Monroe between 1st and Spring. They'll be there till a little after 2 o'clock and they want everyone to be familiar with renewable energy programs. Thank you. We -- encourage anyone to attend.
PRESIDING OFFICER: (SENATOR KOEHLER) Thank you. Senator Anderson, for what purpose do you seek recognition?
Thank you, Mr. President. I would like to be recorded as an Aye vote on Senate Bill -- or House Bill 3509.
PRESIDING OFFICER: (SENATOR KOEHLER) The record will so reflect your intention. We're on House Bill 3531, in the middle of the page. Senator Tom Cullerton. Mr. Secretary, please read the bill.
House Bill 3531. 33 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Tom Cullerton, to explain your bill.
Thank you, Mr. President. Senate -- House Bill 3531 is a bill to allow surrogate -- surrogate parents to be present in the delivery room. We did have to clarify and I want to thank Senator Syverson on the other side for a conversation to clarify some issues that came up in committee. Our staffs have worked out any issues or thoughts, and I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR KOEHLER) Is there any discussion? Seeing none, the question -- I'm sorry. Senator Righter, for what purpose do you seek recognition?
Thank you very much, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR KOEHLER) Indicates he will yield.
Thank you. Senator Cullerton, it's -- I have been advised that during committee, there was a conversation about an amendment that would be brought back before the bill was called on final reading. Can you confirm that for me?
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Cullerton.
Of course, Senator Righter. Actually, I had said we would bring an amendment back to clarify what Senator Syverson had had 34 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 an issue with. What we did clarify, when Senator Syverson and I had talked, was found that the staffs had worked out that there didn't need to be amendment because the language actually contained would not have the issue that we thought we'd need to address in the amendment. And I chatted with the Senator about that yesterday to make sure.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Syverson.
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) To the bill.
Sorry I wasn't here. Further, I concur with Senator Cullerton that the issues that we had of concern with this legislation I -- I think have been addressed to -- to our satisfaction and -- and -- and so I appreciate the staffs working together and getting that done. So I -- I stand in support of what the -- this motion.
PRESIDING OFFICER: (SENATOR KOEHLER) Further discussion? Senator Morrison.
Thank you, Mr. President. I don't want to beat a dead horse, Senator Cullerton, but I also shared that concern and I have not been privileged to the conversation. My question in committee dealt with the delivering mother and her ability to determine who could or could not be in the delivery room with her regardless of surrogacy contract. I just need an answer, please.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Cullerton. 35 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019
And, Senator Morrison, I forgot. I had talked to Senator Syverson and forgot to come to chat with you as well. What we figured out is that -- that decided through the policy that the mother would still have the right to choose if somebody was in the -- in the room or not. This would not handle this. And also, through the -- through the third clause in Section, too, the medical personnel could also make that determination as well. So there would be no rights that would be taken away from the mother having the child.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Morrison.
That's good.
PRESIDING OFFICER: (SENATOR KOEHLER) Any further discussion? Senator Cullerton, to close.
I just ask for an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR KOEHLER) Question is, shall House Bill 3531 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? On that question, there are 55 -- 56 voting Yea, none voting Nay, none voting Present. Take the record. On that question, there are 57 voting Yea, none voting Nay, none voting Present. And House Bill 3531, having received the required constitutional majority, is declared passed. House Bill 3550. Senator Lightford. House Bill 3575. Senator Sims. House Bill 3586, we'll pass. House Bill 3606. Senator Aquino. House Bill 3610. Senator Anderson. 36 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 House Bill 3623. Senator Schimpf. House Bill 3631. Senator Link. House Bill 3652. Senator Bush. Mr. Secretary, please read the bill.
House Bill 3652. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Bush, to explain your bill.
Thank you very much, Mr. President. So this is an initiative of the House sponsor. It provides that if a secondary school provides school counseling services that included assisting all students with college or post-secondary education plan, that assistance must include discussions of all post-secondary education options, including four-year colleges, universities, community colleges, and vocational schools. I know of no objections to the bill, no opposition. I'd ask for an Aye vote. And it came out of the House unanimously.
PRESIDING OFFICER: (SENATOR KOEHLER) Is there any discussion? Seeing none, the question is, shall House Bill 3652 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 59 voting Yea, none voting Nay, none voting Present. And House Bill 3652, having received the required constitutional majority, is declared passed. We'll now turn to page 16. At the top of the page, House Bill 3659. Senator Emil Jones. Mr. Secretary, please read the bill. 37 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019
House Bill 3659. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Jones, to explain your bill.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. House Bill 3659 provides that a charter school's board of directors and other governing body must have a parent or guardian member. Additionally, all voting board members must receive training to ensure members understand their roles and responsibilities. I know of no opposition. And Senator Hastings is a strong proponent of this bill and urges a Aye vote.
PRESIDING OFFICER: (SENATOR KOEHLER) Is there any discussion? Seeing none, the question is, shall House Bill 3659 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 58 voting Yea, none voting Nay, none voting Present. And House Bill 3659, having received the required constitutional majority, is declared passed. House Bill 3661. Senator Lightford. House Bill 3671. Senator Villivalam. Mr. Secretary, please read the bill. Senator Villivalam seeks leave of the Body to return House Bill 3671 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is House Bill 3671. Mr. Secretary, are there any Floor amendments approved for consideration?
38 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 Floor Amendment No. 1, offered by Senator Villivalam.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Villivalam, to explain your amendment.
Thank you, Mr. President. I'd like to adopt the amendment and explain it on 3rd.
PRESIDING OFFICER: (SENATOR KOEHLER) 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 KOEHLER) 3rd Reading. Now on the Order of 3rd Reading is House Bill 3671. Mr. Secretary, please read the bill.
House Bill 3671. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Villivalam, to explain your bill.
Thank you, Mr. President. House Bill 3671 seeks to address the issue that some residents in the State of Illinois may procure false emotional support animal certificates from the Internet and use them to require landlords to allow them to live in communities that don't allow pets. As amended, this legislation has been a lot of negotiation; has the support of the Illinois Manufactured Housing Association, the Illinois Association of Realtors, 39 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 Chicagoland Apartment Association, Illinois Housing Action {sic} (Housing Action Illinois), Access Living, Equip for Equality, and the Department of Human Rights. It passed committee on a bipartisan basis. I would respectfully ask for an Aye vote.
PRESIDING OFFICER: (SENATOR KOEHLER) Is there any discussion? Seeing none, the question is, shall House Bill 3671 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 58 -- 54 voting Yea, none voting Nay, and 1 voting Present. House Bill 3671, having received the required constitutional majority, is declared passed. House Bill 3676. Senator Link. House Bill 3677. Senator Crowe. Mr. Secretary, please read the bill.
House Bill 3677. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Crowe, to explain your bill.
…Mr. President. House Bill 3677 is the initiative of the Illinois Farm Bureau. It is identical to Senate Bill 1780 that we previously passed out unanimously. This bill regards that if property is found to be heirs property, the property must be partitioned according to the rules of the bill unless the cotenants otherwise agree in a record. I know of no opposition and I ask for an Ave vote.
PRESIDING OFFICER: (SENATOR KOEHLER) 40 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 Is there any discussion? Seeing none, the question is, shall House Bill 3677 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 58 voting Yea, none voting Nay, none voting Present. And House Bill 3677, having received the required constitutional majority, is declared passed. House Bill 3704. Senator Steans. Mr. Secretary, please read the bill.
House Bill 3704. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Steans, to explain your bill.
Yes. Thank you, Mr. President, Members of the Senate. Research shows that connection to family and other positive adults is clearly a critical factor in positive outcomes for youth involved in the justice system. This bill requires that the Department establish and provide transitional and post-release policies and procedures that promote family engagement, visitation and programming. Don't know of any opposition and urge your Aye vote.
PRESIDING OFFICER: (SENATOR KOEHLER) Is there any discussion? Seeing none, the question is, shall House Bill 3704 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 57 voting Yea, none voting Nay, none voting 41 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 Present. And House Bill 3704, having received the required constitutional majority, is declared passed. House Bill 3711. Senator Villivalam. Mr. Secretary, please read the bill.
House Bill 3711. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Villivalam, to explain your bill.
Thank you, Mr. President. House Bill 3711 requires all public restrooms in a public building - a State public building - to have a baby changing facility that is physically safe, sanitary, and useable for that purpose with certain exemptions and requires signage at or near the entrance to the baby changing station indicating the location of the station for such restrooms. Again, there was some discussion in committee. This only applies to State buildings. It's not retroactive and I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR KOEHLER) Is there any discussion? Senator Syverson.
Thank you, Mr. President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR KOEHLER) Sponsor indicates he'll yield.
I think you just said -- in error, you said it only applies to State buildings. It applies to State buildings and to restaurants as well, is that correct?
PRESIDING OFFICER: (SENATOR KOEHLER) 42 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 Senator Villivalam.
So -- so it -- it applies to a retail store of more than five thousand square feet that contains a restroom open to the public or a restaurant that meets the following criteria: has an occupancy -- a, has an occupancy of at least sixty persons, as determined by the State Fire Marshal; b, contains a restroom that is open to the public; c, the restroom's {sic} (restaurant's) entrance is not within three hundred feet of a centrally located facility with a baby -- baby diaper changing station that is open to the public.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Syverson.
Okay, so it -- so it basically involves -- this -- so this new guideline would involve basically all buildings that have public access. So if it's buildings, office buildings, restaurants, public venues, sporting venues, all those would fall under that. Is that -- that's correct, but then -- so that's question number one. Question number two then: There's a grandfather, so this is only for new construction, but not required for any existing to make these modifications?
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Villivalam.
Yes and yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Syverson.
43 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 Last question, and I -- and I raised the -- the concern in committee too and I know what you're trying to get at, obviously the people that are -- that are dining, but under the -- the -- the square footage and the numbers that you talk about, it said - - I think it's got to hold -- a facility that can hold sixty people. That would also then require this to be done at all these smaller fast food restaurants, so, you know, a -- Subways or a Jimmy John's. They're all going to be required to have these as well, even though they don't have necessarily people that are -- are going to be dining in. It's going to also require them because their -- their capacity on their -- on the wall's going to show that it's more than -- that it holds more than sixty people. So, am I correct that it would also bring in those -- those type of - - of fast food facilities?
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Villivalam.
I believe so, but for new -- new buildings moving forward.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Syverson.
Okay. Thank you. And again, that's a -- that's a concern because, again, that's an -- that's an added cost to something that probably is not ever going to be used when it's just people stopping in to pick up a -- a delivery. So I wish we could've clarified that because that's a -- that's an added cost to a small business. Last question then: Bars are excluded from this, but if it's a -- a bars with -- if it's a bar that serves food, they would be in -- included? 44 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Villivalam.
Yeah, if it's -- if it's also a restaurant that falls under that -- the criteria that's been outlined in the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Syverson. Any further discussion? Seeing none, the question is, shall House Bill 3711 -- I'm sorry. Senator Villivalam, to close.
Thank you, Mr. President. I apologize. I -- I would just say this - I appreciate the questions - you know, parents, young parents, they don't know when they're going to need to tend to their children, tend to their toddlers or babies, so this is -- this is legislation that was worked on with the Illinois Municipal League, the Illinois Retail Merchants Association - they're both neutral - to address an issue for young parents, parents with kids, to make it accessible for men -- men/women to be able to change their babies. And I, you know, I think it's entirely reasonable. It passed out of the House with a hundred and ten votes. I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR KOEHLER) The question is, shall House Bill 3711 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 50 voting Yea, none voting Nay, none voting Present. And House Bill 3711, having received the required constitutional majority, is declared passed. With leave of the Body, we're going to take up the following bills: 45 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 House Bills - these are all House Bills - 822, 834, 889, 2665, 2675. So we'll start with House Bill 822. Mr. Secretary, please read the bill.
House Bill 822. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Anderson, to explain your bill.
Thank you, Mr. President. House Bill 822 is a -- is a really important piece of legislation. What we're doing here with this bill is we're allowing schools to be able to carry glucagon at their -- at the -- their nurse's station. And this bill comes from a incident that happened within my district, where a young child was in a -- a hypoglycemic state and did not have -- their parents did not provided the medicine that they needed and they - - a quick-thinking school nurse was able to take glucagon prescribed to another student and give that medicine to that patient and in turn pulling them out of that hypoglycemic state. So this bill would allow school nurses to be able to carry undesignated glucagon for a similar situation, much like we do with -- with Narcan. So this passed out of the House with no opposition. There's no opposition on this bill and I would ask for an Aye vote. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR KOEHLER) Is there any discussion? Seeing none, the question is, shall House Bill 822 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted 46 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Yea, none voting Nay, none voting Present. And House Bill 822, having received the required constitutional majority, is declared passed. Senator Anderson, for what purpose do you seek recognition?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR KOEHLER) Please state your point.
Mr. President and Members of the -- of the Chamber, with me today is Jennifer Jacobs. Jennifer was the nurse on duty at the time of the incident I just explained and was the initiative of this bill that we just passed and that the -- hopefully the Governor will sign. So I just ask that we recognize her and give her a warm Springfield welcome. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR KOEHLER) Yes, welcome to the Illinois Senate. We're going to House Bill 834. Senator Castro. Mr. Secretary, please read the bill. Sorry. Senator Castro seeks leave of the Body to return House Bill 834 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is House Bill 834. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Castro.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Castro, to explain your amendment.
Thank you, Mr. President. I ask for its adoption and I'll 47 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 explain on -- on 3rd.
PRESIDING OFFICER: (SENATOR KOEHLER) 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 KOEHLER) 3rd Reading. Now on the Order of 3rd Reading is House Bill 834. Mr. Secretary, please read the bill.
House Bill 834. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Castro, to explain your bill.
Thank you, Mr. President. House Bill 834 prohibits employers or their agents from seeking information or using information obtained regarding an applicant's salary history, including benefits or other compensation, as a consider -- condition of being interviewed, in consideration for an offer of employment. This bill has been three years in the making and I have to commend and also thank Senator Jennifer Bertino-Tarrant, who we've worked together on this -- this legislation. We made some adjustments to the bill. And some of the adjustments - and I'll detail right now: We altered the threshold employees must demonstrate to show equal pay violations for -- from "equal" to "substantially similar", and requiring that additional factors must be met in 48 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 order to justify any wage differential; we added new prohibitions against employers screening or requesting a job applicant's current or prior salary history, including benefits or other compensation, with limit -- some limited exceptions for voluntary disclosures or discussions of salary expectations; number three, increase the available remedies an aggravated {sic} employee may receive for a violation of the Act. I think a lot of these discussions and negotiations made the bill better. I'll take any questions and I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR KOEHLER) Is there any discussion? Senator Tracy.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR KOEHLER) She indicates she will yield.
Senator Castro, I -- I know you've worked a -- a long time on this bill and changed and negotiated the best you could. Can you go over with us what the penalties are for an employer who would violate these provisions and ask somebody about past wage history?
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Castro.
Yes, Senator, so if an employer violates any of these provisions, the employee may recover in civil action for any damages incurred, special damages not to exceed ten thousand dollars, injunctive relief as appropriated -- appropriate, as well as costs and attorney fees. Furthermore, the employer will be subject to a civil penalty not to exceed five thousand for each 49 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 violation for each employee affected to be sought by the Department of Labor in a civil action in circuit court. I do understand, mostly when we do these penalties, these are for the most egregious cases. And I know this was a lot of discussion. We had a lot of discussion with some of the opponents because they really felt there shouldn't be as extensive of penalties. However, in order for us to really enforce it, there has to be teeth to the bill. And these are one of the things that we -- we just couldn't come to an agreement on.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Tracy.
Yes, and -- and is there an affirmative defense involved for an employer to avail themselves to in -- in any action taking place with an -- a violation?
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Castro.
Sorry, Senator. Can you repeat that one more time?
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Tracy.
Is there any affirmative defense involved for an employer in your bill?
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Castro.
If you're talking about the Massachusetts model, no, it is not in the bill. 50 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Tracy.
To the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) To the bill.
We have debated this bill quite a bit, and I just want to point out, we do have federal law equal pay protections. We have -- President Obama did the Litty {sic} (Lilly) Ledbetter Equal {sic} (Fair) Pay Act. We have quite a few tools out there and we seem to keep heaping legislation upon legislation, when, in fact, we have laws in place that protect these things. I have felt a long time that we cannot point to empirical evidence that shows that just asking somebody's wage history means that employer plans to pay them less than what they -- what -- whatever he can get -- whatever he or she can get. I've been a small employer. I talk with small employers. I would encourage those that have never tried to run a business to think what it's like to meet your monthly/weekly payroll, to worry about employing somebody and to be subject to penalties of up to ten thousand dollars if you mess up and don't know about this law. Employers get tons of letters every day from the State of Illinois. They are struggling to keep their doors open. Small businesses - I'm talking twenty or less - they are the backbone of this State. They are the people that employ our neighbors. They are the dreamers that dream of employing others and providing jobs and trying to make a living for themselves and many make less than what they pay their employees. That's just a fact of what it's like to start a business 51 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 in Illinois and to keep your doors open in Illinois. And if we keep heaping these bills one upon another, they'll just leave. They'll close and the -- our neighbors aren't going to be employed. The people are going to lose their jobs. And -- and so, you know, we -- we talk about this, but if you have never been an employer, I just ask you to really talk and visit with those folks out there that are the backbone that I talked about of Illinois business and ask them about how they feel about doing business in Illinois, and listen to their struggles to keep the doors open that I talk about. It's real. And so, you know, we can keep putting one bill on top of another and giving the false sense of hope that we'll get equal pay, when, in fact, we should be enforcing the laws that are in place. They're there. Let's enforce 'em. Let's not keep heaping more on. So, with that, I intend to vote No. I encourage a No vote. It will probably pass. It will probably be signed, and one more thing will be sent out to every employer in this State, heaped upon heaped upon heaped of letters they get every day from Unemployment, from Department of Revenue, goes on and on. Thank…
PRESIDING OFFICER: (SENATOR KOEHLER) Further discussion? Senator Bertino-Tarrant.
To the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) To the bill.
Thank you, Mr. President. First, I would like to thank the sponsor for her work. This bill has been a labor of love and at times a heated labor of love. And I -- I do want to address the fact that the sponsor has conceded to a lot of our concerns, to 52 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 many of the concerns that I -- I have worked with her over the past two -- two years with. And I am happy to continue the work on this bill to continue improving it, but in 2019, pay equity based on gender and race needs to be an issue of the past. And while it seems some states in our nation are moving backwards, Illinois will continue to prove it is moving forward by taking steps to ensure people doing the same work receive the same pay. And I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Castro, to close.
Thank you, Mr. President. I know there was some discussion about federal law that has been put out there. Federal law can go away tomorrow. It does not prohibit this State from addressing this issue. Women in Illinois make up almost half the workforce but earn seventy-nine cents for every dollar paid to men. It's worse for minority women, with sixty-three cents for African American women to forty-eight cents for Hispanics. This is not about, you know, we're not caring about business. We want these women to work and provide for their families. I don't know how many times we hear from our colleagues that they don't want to support the initiatives like SNAP, like unemployment, so why don't we help women close the wage gap and be able to provide for their families. This is about equity and the time is now. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR KOEHLER) The question is, shall House Bill 834 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? 53 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 Take the record. On that question, there are 41 voting Yea, none -- 14 voting Nay, and none voting Present. And -- and -- and House Bill 834, having received the required constitutional majority, is declared passed. Senator Castro.
So I would like to vote Yes on my own bill. I hit the speak button instead. So I'd like to be recorded as a Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) I think we will have the record reflect your intention. House Bill 889. Senator Anderson. Mr. Secretary, please read the bill.
House Bill 889. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Anderson, to explain your bill.
Thank you, Mr. President, Members of the Chamber. House Bill 8-8-9 has been a labor of love for myself and Representative Swanson over in the House for the past two and a half years. This bill is much like Senator Tom Cullerton's bill here a couple of years ago in the PANDAS bill. This bill really focuses on the treatment that people with Lyme disease in the State of Illinois need and what they're not getting due to -- due to current law. So right now, under current law, it's hard for a doctor to prescribe long-term antibiotics, more than twenty-eight days, and what this will do is it will allow doctors to -- and insurances to -- to cover mandated long-term antibiotic therapy for Lyme disease, which is -- the only way to -- to cure Lyme disease is with long- 54 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 term antibiotics. There are still some opponents to this bill, but this bill passed with -- with unanimous support out of the House and was on the Agreed List in the Senate Insurance Committee. So I would ask for an Aye vote and I will answer any questions. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR KOEHLER) Is there any discussion? Senator Tom Cullerton.
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) To the bill.
I want to thank Senator Anderson for bringing this up. When he first approached me, and last year, we actually -- I worked with Representative Swanson on a couple issues. I -- about three and a half/four years ago, I -- I myself caught Lyme disease while out camping with the Boy Scouts. My treatment was actually very quick because we found it very quick. And I have to say that -- that this could have some ongoing and underlying effects for children that get -- that catch it that don't get the actual treatment they need when they don't have the opportunity for long- term care. And I want to thank Senator Anderson for bringing this forward. I was lucky enough to catch it early, to be able to remedy it very quickly. But I have to say, this is an important issue that needs to be addressed and covered. So thank you, Senator Anderson.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Anderson, to close.
55 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 Just ask for an Aye vote, Mr. President.
PRESIDING OFFICER: (SENATOR KOEHLER) The question is, shall House Bill 889 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 58 voting Yea, none voting Nay, none voting Present. And House Bill 889, having received the required constitutional majority, is declared passed. We're going to go to House Bill 2665. Senator Peters. Mr. Secretary, please read the bill.
House Bill 2665. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Peters, to explain your bill.
Thank you, Mr. President. House Bill 2665 would ensure that a young person may consent to health care services for prevention, diagnosis, or treatment, not just the diagnosis or treatment, of an illness. Prevention, like PrEP, a once daily HIV prevention pill, is critical to ending the HIV epidemic. PrEP is a way for people who do not have HIV but who are at substantial risk of getting it to prevent HIV infection by taking one pill every day. While new HIV cases have dropped by twenty-eight percent and mother-to-child HIV transmission has nearly been eliminated, HIV diagnoses are actually going up among young people, with black and Latinx youth disproportionately affected. The FDA has approved PrEP, along with -- with health education, for use by adolescents 56 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 to reduce the risk of transmission of HIV. Increased access to PrEP ensures that young people can access lifesaving prevention services in consultation with their health care providers. This bill would modernize public health laws in Illinois and allow minors to also access much-needed prevention programs, like PrEP, in -- in addition to the diagnosis and treatment services that they already consent to. This has no formal opposition. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR KOEHLER) Is there any discussion? Senator McConchie. SENATOR McCONCHIE: Question of the sponsor.
PRESIDING OFFICER: (SENATOR KOEHLER) Sponsor indicates he will yield. SENATOR McCONCHIE: Thank you. Senator Peters, at what age can a minor consent to sex in Illinois?
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Peters.
What age a minor can consent to -- seventeen.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator McConchie. SENATOR McCONCHIE: And then, for this treatment, at what age can you in -- take this under -- under the -- under your bill?
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Peters.
57 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 So it adds prevention to the minor consent statute that already exists between the ages of twelve and seventeen. So we already have this law, we're just adding prevention. So, diagnosis and treatment, already in there; we're just adding one word - prevention.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator McConchie. SENATOR McCONCHIE: Well, that's not exactly what we're doing here, Senator. So, what -- what we're doing here is -- under the current law, we are allowing for treatment for activity that's already occurred. Okay? This is for prevention. This is for future activity that is not allowed under Illinois law. So, under Illinois law, if you cannot consent to the activity under the age -- except under the age of seventeen. What we're doing is we're providing a mechanism for children to get services for something that they cannot legally do. Isn't that correct?
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Peters.
I think consent is different than what you're saying here. So, essentially, you can still have sex at any age and you should still have the right to prevent getting HIV or an STI. So I think prevention still applies here.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator McConchie. SENATOR McCONCHIE: Okay, so let's talk about those others. So other -- other STIs. This treatment does not address anything other than HIV. 58 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 So if you engage in this activity, you can still get gonorrhea, syphilis, and any -- any of the other panoply of STIs even if you're on this drug.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Peters.
Yes, but we're -- we're -- we're dealing with HIV. The other part is, if we want to talk about making sure that if you're a minor and you need to get medication for other STIs, I think we can have a further debate about that. But, in this instance, we're talking about HIV and let's get on top of this. We want to reduce the HIV number and preventing it and getting out ahead of it than waiting until treatment is the right thing to do.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator McConchie. SENATOR McCONCHIE: But they -- we're not preventing them from getting that treatment if they have parental involvement. Isn't that correct?
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Peters.
Not every kid has parental involvement. There's often folks who are homeless, who can't turn to their parents, who need to be able to get -- get PrEP for -- to prevent HIV. This is for folks who can't go to their parents and -- and -- and they're -- one thing I will say is that talking to some of the providers, one of them who testified in committee, made it very clear that they talk to a lot of kids who don't have a home to go to and deserve to be able to get PrEP to prevent -- to help them prevent HIV. 59 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019
PRESIDING OFFICER: (SENATOR KOEHLER) Senator McConchie. SENATOR McCONCHIE: To the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) To the bill. SENATOR McCONCHIE: I -- I appreciate and appreciate what it is that you're trying to do. However, this applies to everyone whether they have parents or don't, whether they have parental involvement or not. And what this does, it would allow twelve-year-olds who may be victims of sexual abuse, who cannot legally under State law consent to sex, to avoid parental involvement, especially if they do have parents being involved, and continue in an activity which they cannot legally participate in. While I appreciate the effort here, I think that there is more work that needs to be done with that and I would encourage a No vote. Thank you.
PRESIDING OFFICER: (SENATOR KOEHLER) Further discussion? Senator Holmes.
Thank you so much, Mr. President. I have a question, but before I do that, I do have a comment on the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) To the bill.
First of all, I'd like to say, I guess I'm always appalled when we hear the same arguments; that the issue shouldn't be what is in the best interest of these kids. The question is, oh, my gosh, I'm going to pass judgment, saying they are too young to be 60 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 making these decisions and they shouldn't have sex. I'm going to bring up the same thing I bring up every time we have this argument. And I don't want to -- I don't really want to know, but I'm going to dare say that most in this Chamber were not of adult age or married when they had sex. Now, please don't give me the details, I don't want to know, but stop passing judgment on that narrow puritan, archaic way of thinking and let's do what is right. What's right is that we put preventative measures. Let's prevent something from happening. That is what's important. Now, the question I do have of the sponsor, who -- I first want to say thank you so much for bringing this bill. It's an important bill and I am especially gratified to see a freshman legislator carrying something this important to the youth of our State. But my question to you is, how are the young people going to be able to pay for this very, very important preventative treatment?
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Peters.
Thank you, Senator. The Illinois Department of Public Health has launched PrEP for Illinois, which is a PrEP assistance program. The program offers tailored client navigation for PrEP services, like education, medication access, referral to PrEP friendly clinicians, and most importantly, enrollment into appropriate payment assistance programs - for example, a co-pay assistance program that -- offered for PrEP by Gilead. Without allowing youth access to prevention services like PrEP, the cost to the State ends up being much more over these young people's lifetimes. It's much more expensive to pay for a lifetime treatment of HIV than to pay for a prevention program like PrEP. 61 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Holmes.
I just want to say thank you, once again, and I urge an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR KOEHLER) Further discussion? Senator Hutchinson.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR KOEHLER) Indicates he will yield.
Could you -- thank you. Senator Peters, could you again make sure we understand what is allowable under the consent law right now and to what age?
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Peters.
Thank you. Currently, Illinois minor consent statute allows twelve-year-olds to access STI diagnosis and treatment and HIV diagnosis and treatment. House Bill 2665 would just add prevention to the list so that young people can access prevention programs, like PrEP, and take charge of their health.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Hutchinson.
Thank you. We know now, I'm sure, in the -- in the studying of this bill before you brought it, that we've -- we've actually made it to a point in time where, with treatments, HIV isn't always 62 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 a death sentence. Is that correct?
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Peters.
That is correct.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Hutchinson.
And with treatment that means it becomes more like a chronic disease that people can manage for the rest of their lives, but at high cost. Is that correct?
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Peters.
That is correct.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Hutchinson.
Thank you. To the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) …bill.
I -- I -- I -- I find it interesting, because - and I'm going to speak purely as a parent right now - because I've thought very hard about how I would talk to my children about their sexuality, how to keep themselves safe, and make sure that the -- the principles and the things that I wanted to impart on them were given to them by -- by me and my husband, that we -- we came down on the side of the fact that giving them information isn't giving 63 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 them permission; it's actually giving them power to make better decisions when they're not listening to us. And I'd never wanted my kids to be in a situation where they wouldn't know where to go for help if they made a stupid choice or they made a decision that I wish they wouldn't have, but at the end of the day, I knew that I didn't want them to die for it. So if we believe that children who can't legally consent to having sex before the age of seventeen, that that's not happening, are we then also supposed to believe that they're supposed to carry the lifetime shame and health consequences and possibly death because they didn't listen to us? Do -- do we honest -- are we really going to debate that if somebody is engaging in a dangerous behavior but they're conscientious enough to step in front of it and try to take charge of a health situation so that they don't. And -- and this is moving towards, you know, some of the work that I've done in human trafficking and sexual assault and trauma cases, in really horrendous situations that young people find themselves in, especially in the homeless population, those things that we call crimes of survival, which get a lot of sympathy when we talk about the criminal aspects of that or trying to help people rebuild their lives after they survive something like that. This measure is about trying to prevent a lifetime chronic disease that, for this population of folks who will be accessing this, we would pay for anyway. So when I think about this as a policymaker and as a parent and as somebody who wanted my children to have all the information they needed to be safe, to know what our guiding principles were, to know what our values were, but more importantly, to know that if they were going to make a decision outside that parameter that they wouldn't pay an ultimate price for it, I want my kids and all 64 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 the kids across this State to be in line for all the faith and grace and mercy God promises all of us when you make a mistake. But you have to live to be able to ask for that. You have to survive to be able to ask for that. So for the -- for the children who have access to parents who were like me and my husband, that were there and available and talk about this on a regular basis, and I know all of us love our kids like that, and I'm so grateful that the majority of our kids have parents like that. My heart breaks for those who don't. And when they don't, that's when the State steps in. We are responsible for that. I would prefer that you didn't engage in any risky behavior. I would prefer that you keep yourself safe. I would prefer that you take ownership of your body and understand how important and what a temple it is. I would prefer that that happens, but I know that before your -- when your pituitary gland wakes up and your cerebral cortex isn't quite done yet, you make stupid decisions, you make choices that are just -- and everybody in here's done it. But you don't deserve to die for it and you don't deserve to have to -- that the punishment for that is a lifetime chronic disease that, left untreated, you will die from. So, yes, the key word in this is prevention. And I thank you for that, because I would rather pay for prevention than what we have without it. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR KOEHLER) Further discussion? Senator Jones.
Thank you, Mr. President. Questions to the sponsor.
PRESIDING OFFICER: (SENATOR KOEHLER) He indicates he'll yield.
65 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 First and foremost, Senator Peters, I would like to thank you for this piece of legislation. I think it's a great piece of legislation. My question is, could you tell the Body -- give the Body some statistics about HIV in young people and why you're doing this bill for young people?
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Peters.
Thank you, Senator Jones. While new HIV cases have dropped by twenty-eight percent and mother-to-child HIV transmission has nearly been eliminated, HIV diagnoses are actually going up among young black and Latinx gay men, who are disproportionately affected. Youth aged thirteen to twenty-four make up eighty-five percent of new HIV diagnoses, according to the Illinois Department of Public Health. Access to PrEP and the health education that comes with it would reduce the rate of new HIV diagnoses from increasing among young people.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Jones.
Thank you for those facts. To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR KOEHLER) …bill.
Ladies and Gentlemen, I want to urge an Aye vote on this bill. This -- this piece of legislation is very important to me. I have lost three friends to HIV and AIDS over my short forty-one years of life and it's not easy watching a good friend die from HIV and AIDS. So, if medication like this was available when I was twenty- 66 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 four years old, several of my friends would still be alive today. So, thank you, Senator Peters, and I urge an Aye vote.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Peters -- I'm sorry, Senator Schimpf.
To the bill, briefly.
PRESIDING OFFICER: (SENATOR KOEHLER) To the bill.
Just -- Senator Peters, I do -- I do appreciate what you're trying to do here and I think all of us want our -- our kids to have access to the treatment that's necessary so that they can avoid this. The problem that I have, and maybe I'm just misreading it, is it says the consent of the parent, parents, or legal guardian shall not be necessary to authorize health care services or counseling related to prevention. My kids are eleven and thirteen. I want them to have everything, but I also don't want to be cut out of the process, and that's what this bill does. That's -- that's why I -- that's why I'm going to vote No and I urge everybody to vote No and it's not because I'm a prude. It's not because, you know, I want to try to impose any type of religious test. I want, as a parent, to be involved. And I -- my reading of this bill is that this is cutting me out. So I will let -- I -- you know, I appreciate what you're doing. We all share the goal that our kids can be healthy and get access to services, but I think we need to make sure that our parents are involved. Because you can take my property, you can tax me to death, you can do whatever you want, but when you say that I am not going to be able to be involved in the raising of my kids and giving them the 67 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 fundamental advice that I think that they need, that is something that I'm -- that I object to. So thank you for what you're doing, but I -- I urge a No vote.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Peters, to close.
Yeah, I want to close with a personal story about who I am. So, when I was twelve years old, my mom was an alcoholic. I could never go home. I couldn't see her. I couldn't trust her. She suffered from mental health issues day in and day out. When I was going through things, we couldn't tell my mom what was going on with me, because sometimes you can't talk to your parents. But you're going through a lot and you're growing up, you're becoming an adult, and you're engaging, sometimes smartly and sometimes stupidly, in behavior. But the one thing that is clear, when you are in times of need, it's not always your parents there, because they're not there for you. So I urge everyone a Yes vote for that kid who's twelve, thirteen, fourteen, fifteen, sixteen, seventeen years old who just might be having sex and so that they can prevent HIV by getting the PrEP that they need. This bill is not just a moral choice; it's the right choice. It's the choice we can make today so that the other Robert Peters out there, the other kid just like you and me, who can't turn to their parents, can still get the things that they need in a time of trouble and crisis. Thank you.
PRESIDING OFFICER: (SENATOR KOEHLER) The question is, shall House Bill 2665 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? 68 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 Take the record. On that question, there are 38 voting Yea, 19 voting Nay, none voting Present. House Bill 2665, having received the required constitutional majority, is declared passed. House Bill 2675. Senator Martinez. Mr. Secretary, please read the bill.
House Bill 2675. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Martinez, to explain your bill.
Thank -- thank you, Mr. President, Members of the Senate. As amended, House Bill 2675 is a agreement between the Wine and Spirit {sic} (Spirits) Distributors of Illinois and the Illinois Craft Distillers Association. The bill allows small distilled spirits and -- manufacturers the ability to grow while maintaining the integrity of the third {sic} tier system. This bill provides parity with small beer and wine manufacturers. And I'll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR KOEHLER) Is there discussion? Senator McConchie. SENATOR McCONCHIE: To the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) …bill. SENATOR McCONCHIE: Thank you. I want to commend the sponsor. This has been work for several years. I have a small distillery in my district that has had a very difficult time growing under the unfair rules 69 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 that we have in this State, in which we provide certain kind of abilities to brewers and wineries and we don't do the same to craft distilleries. I'm glad that we're finally leveling the playing field for all of these craft makers and I look forward to the growth in this State. Thank you, Leader, for your leadership on this issue. I encourage an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR KOEHLER) Further discussion? Senator Castro.
Thank you, Mr. President. Question for the sponsor.
PRESIDING OFFICER: (SENATOR KOEHLER) She indicates she will yield.
Senator Martinez, I have a question on legislative intent. A Class 1 craft distillery may -- distiller may self-distribute a certain amount of gallons but not own a distilling pub, while a Class 2 craft distiller may own a distilling pub but under no circumstances may they self-distribute. Is that correct?
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Martinez.
That is correct, Senator.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Castro. Senator Martinez, to close.
Thank you, very much. I want to -- I want to, of course, thank my leader, Leader Link, who his bill and my bill together cause a great -- even a better bill. So I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR KOEHLER) 70 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 The question is, shall House Bill 2675 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 58 voting Yea, none voting Nay, none voting Present. And House Bill 2675, having received the required constitutional majority, is declared passed. House Bill 2766. Senator Link seeks leave of the Body to return House Bill 2766 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is House Bill 2766. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Link.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Link, to explain your amendment.
Thank you, Mr. President. I would just ask for the adoption of the amendment.
PRESIDING OFFICER: (SENATOR KOEHLER) 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 KOEHLER) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill -- or House Bill 2766. Mr. Secretary, please read the bill.
House Bill 2766. (Secretary reads title of bill) 71 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Link, to explain your bill.
Thank you, Mr. President. This bill is -- assures that police officers and firefighters are provided adequate mental health treatment; however, the bill {sic} also makes a number of changes aimed at strengthening the bill. Language is back to the engrossed version -- version to prevent police departments from mandating a FOID card as a condition of employment. There's a number of things. The main thing about this bill is to try to save lives. I'll be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR KOEHLER) Is there any discussion? Senator Righter.
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR KOEHLER) He indicates he will yield.
Senator Link, I -- I appreciate you taking on what is obviously a very difficult and critical issue. I notice from my analysis and I picked up some talk that the State Police and the Sheriffs' Association are opposed to the bill. Is that accurate?
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Link.
No -- no, Senator. The Sheriffs' department {sic} still is in opposition, but the others are either neutral or for the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) 72 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 Senator Righter.
Why -- can -- can you characterize fairly the Sheriffs' Association opposition to the bill?
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Link.
I -- I think -- and I -- and I don't want to really speak for them, but I think the -- in premise what they did not want is they did not want to have -- lose the ability to outright fire somebody, and my cosponsor of the bill will speak on that better too. But I think that that was the main concern that they had, but our concern was that there should be privacy for these individuals that come forth and need help and do not want to have that held over their head that they could be fired, demoted, put on desk duty, and not have the ability to advance, so they withhold the problems they have, and that's why we have the large amount of suicides in the people -- in our first responders.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Righter.
Senator Link, if -- if a supervisor in a sheriff's department or a police department comes upon knowledge that someone is -- is struggling, perhaps with thoughts of suicide, if this bill became law, would they have the ability to assign that individual, let's say they're on patrol, to give them a different assignment that they believe, the supervisor believed, would lessen pressure on them and hopefully deal with that situation in a better way?
PRESIDING OFFICER: (SENATOR KOEHLER) 73 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 Senator Link.
Yes, they would be able to. The point of this is, if they go to peer pressure -- a peer counseling that that cannot be used against them, but if they -- a supervisor sees Sergeant Righter walking around and we know he has problems and stuff like that, yes, then he can do that. He can do that to him, but that what it is, it is a confidential about when they seek peer pressure -- peer consulting.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Righter.
So, if -- if a supervisor becomes aware that a deputy or an officer under his or her supervision becomes aware that someone went to peer counseling and then makes an inquiry and discovers more details about what this individual is -- is suffering from or what is plaguing them or burdening them, would they then be free to change that person's assignment. So what I'm asking, Senator Link, is, they learned that the person went to peer counseling and then did more inquiry, found out more details; based on those details, would they be allowed to reassign that individual?
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Link.
No.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Righter.
I didn't hear an answer. 74 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Link.
No.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Righter.
Okay, and I guess that's where I'm struggling here a little bit, Senator, is because that supervisor, while they first learned that the individual went to counseling, they then did other inquiry and found out more details - not from that individual and not from the people who were in the peer counseling with him - from someone else, and they are doing what they believe is in that officer's best interest, taking them off the street because they've learned that what -- something that's going on in the street is creating the issue for them. So they want to take them off the street and put 'em on a desk job and you're going to tell them they can't do that, which means the supervisor is in the position of leaving the officer on patrol, which he or she believes is causing the problem in the first place.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Link.
That's a little different than the first question they asked me, when I said No to it. In this particular case, what you just exemplified, as long as it's something that they hear, you know - - say -- say that you had a problem and you were the person, you went and you got counseling from this individual on that, but then you start telling people in the coffee shop that you have this 75 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 problem and they hear that or they hear it from others, then that can. But they cannot go against the sanctity of that question and an answer that they did within the peer consulting, you cannot use that for any kind of discipline or changing of that job for that individual.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Righter.
Thank you, Mr. President, for your indulgence. Well, you see, Senator, that's the problem, is sometimes we write these bills as if these things exist in silos and they hardly ever do. So, the supervisor, let's say the sheriff, learns that the -- that the -- the deputy did do peer counseling with two other deputies, then, based on that, asked another deputy who was not in the counseling, "Hey, have you heard anything from Deputy Smith?" or "Have you noticed he's been acting funny lately?" or anything like that and that officer responds with "Yeah, I had a conversation with him this morning and he tells me if he comes across one more accident scene where someone -- there was a fatality, he's going to make himself a fatality". Did you hear that, Senator? Okay. So…(microphone cutoff)…while he learns that the person went to counseling, the -- that -- the specific information that he picked up came from a separate conversation and the conversation reports that the individual who sought the peer counseling is at risk because of things that he is seeing on patrol. At that point, would that supervisor be prohibited from reassigning him to the desk?
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Link. Senator Righter. Senator Link. Senator 76 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 Righter.
Okay, Senator Link, I -- now this is important, because you also have inserted in here a cause of action, which would allow that deputy to sue the sheriff if he thinks that he's been assigned to desk duty in violation of what would be the law that you're trying to create. Where in the bill is it clear that a sheriff or a supervisor can make a reassignment based on while maybe knowledge of the peer counseling, but other information in addition to that? Where is that in the bill?
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Link.
If they talked to a fellow colleague, another officer, and they get that information, as long as that information is not from what counseling that the individual did, then the sheriff or the supervisor would have that ability.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Righter.
Senator, I'm getting -- I'm reading through your bill as quickly as I can, but obviously you are the sponsor of the bill. You have a staff member there who's worked on this. Can you show me the language? Point to me where that language is, because I - - I represent fourteen different sheriffs and I don't know how many chiefs of police and every one of 'em is going to be wondering this.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Link. 77 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019
It's not directly in the bill, Senator, but that's one of the problems that the Sheriffs have. And if you see on there, what we did is, we put in there a -- a task force to look at this and then come back in a certain period of -- I forgot what time. I think it's a year period to come back and advise us of what's going on. Because when we discussed it -- this has been a two-year project of doing this. And the point is, is when we discussed this, one of the problems that was brought up was a lot of the facts that what if this happened, what if that happened, what if, what if, and we finally decided there's way too many what-ifs. But we need this in statute now to help prevent these suicides from going on. But the point is, we're willing to address it by -- what this group -- commission doing is looking at all these what-ifs if they should happen.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Righter.
To the bill, if I might.
PRESIDING OFFICER: (SENATOR KOEHLER) To the bill.
Thank you, Mr. President, for your indulgence. Thank you, Senator Link. Ladies and Gentlemen, this is a critically important issue. I understand that we're wanting to talk about other things and we're getting ready to go to committees, but we're talking about police officers and suicide. The bill is not clear on whether or not a supervisor could reassign an officer if that supervisor believes that that officer's troubles may be prompted 78 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 by something they are seeing in their current assignment. The Illinois Chiefs of Police and the Sheriffs' Association are opposed. Okay, that's the group that has officers that Senator Link is earnestly trying to protect. Are we really going to stand here and say that we know better or care more about those officers than the sheriffs in this State and the chiefs of police and the people who are -- work with them? I think we should be very wary of drawing that conclusion. The bill contains a cause of action for an individual who believes that they have been wrongly reassigned or reassigned in violation of what would be the law. So now -- now imagine this, you have a sheriff or you have a chief of police in your district who has a troubled officer and comes about information that it is in the officer's best interest that they be reassigned. Do you really want that sheriff or that chief or one of their supervisors scratching their heads for even a minute, wondering, you know what, if I reassign this officer, which I think in my heart is the right thing to do for this person, am I opening myself up to a lawsuit? Is that what we want these people worrying about? Or do we want them simply doing what is clearly in that officer's best interests without worrying about whether or not there's going to be a summons served a week from - - later at their house? This is way, way too serious of an issue to be waiving the possibility of litigation over these officers' heads. Senator Link is correct; this is a critical issue. That's why it's so disappointing that we're going to take time to create a cause of action, which may cause them some hesitation about whether or not they're going to act in what they truly believe to be in their officers' best interests. This is not ready to become law. I would reluctantly urge a No vote. Thank you, Mr. President. 79 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019
PRESIDING OFFICER: (SENATOR KOEHLER) Further discussion? Senator Cunningham.
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) To the bill.
I want to start by commending the sponsor, Senator Link. This bill has been in the works for well over a year. There are a number of stakeholders who have been brought to the table and the Senator's done a very good job of negotiating, taking care of opposition from a number of groups. As mentioned in debate, there are a couple of groups that are -- still have concerns about it. I'd like to explain part of the origin of this bill and maybe it will help some of the opponents see what we're trying to do here. I've had in my district over the last, about sixteen months four police officers and one firefighter who's committed suicide - just in the last year and a half. I've met, my State Representative Fran Hurley, have met with families and friends of those deceased officers. We have found that the on-the-job stresses helped put them in the position where they felt like they needed to take their own lives. We talked to them about what could be done, what -- where are we missing opportunities to intervene in their lives, why are they not seeking help. And the consistent response we got back is they are afraid to get help. Part of it is the culture that takes place in police departments and fire departments, where it's not considered, you know, macho to go and get help when you have a problem. That's part of what we're up against. But the other thing that we heard consistently was the officers and 80 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 firefighters were afraid if they sought help that it could sometime -- someway be used against them, and -- and I'll tell you how. One -- one of the ways they'd be encouraged to get help is to go to peer support counselors. Peer supports are just that, they're their peers. They meet with the officers or firefighters if they're going through a tough time. They encourage them to get more involved professional help. The families of the officers told us that they're afraid if they do that their supervisors will find out about it and that will be used against them. So what this bill does -- it -- it -- it's much more narrowly drawn than I think one of the opponents was describing. What it does is it says anything that officer or firefighter says in a peer support counseling session - and all these terms are defined in the statute - anything that is said in that counseling session is protected. The counselor can't gossip about it around the department or the department has to take disciplinary action against him or her. And a supervisor cannot ask the counselor questions about the counseling session, about what someone said, and then use that against them in an adverse employment action. The stories we were told that if, say, an officer tells someone in peer support that he has an anxiety disorder and a year later he's up for promotion to sergeant and one of the supervisors on the -- the promotion panel, interview panel, finds out, "Oh, this guy said in -- in peer support, he has an anxiety disorder. I don't think we should promote him." That would be an adverse job action growing out of a counseling session and that's what would be prohibited in this bill. If a supervisor finds out that an officer's acting erratically on the job, he can take action. This would not prevent the supervisor from taking action based on that information. The 81 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 only thing the law -- or the bill would seek to shield would be what goes on in that peer support counseling session. If it happens outside of that session, it is fair game. If it happens inside that session, it is protected. I think that some of the debate we heard is conflating several things and exaggerating the problem that this can pose to -- to -- to sheriffs, to chiefs of police. I -- I just -- I -- I think that it's being greatly exaggerated. We need to protect these peer-to-peer conversations. We need police officers and firefighters to know if they need support, they can get it. Right now, they are reluctant to do it and it is literally costing lives. This bill will help end that. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR KOEHLER) Is there further discussion? Senator Tom Cullerton.
To the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) To the bill.
I want to thank Senator Link for bringing this forward. This is a sort of hybrid of -- of three bills that were started at the beginning of this Session. And I want to thank the sponsors in the House. I also want to bring up - this is sort of an extension of last year - we placed a bill in -- in line that if you didn't have your FOID card, you couldn't be taken off of duty as a police officer. And -- and the fact is, is going to seek mental health should not be something that's a stigma. Going to seek mental health is not something that should be damaging and should ruin your career as a police officer, as a first responder. And I want 82 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 to thank Senator Link for incorporating the things I needed in my bill into this. And I appreciate your time and effort and energy in putting this forward. I believe we've had three or four suicides alone this year. Encouraging counselors among the mental -- for mental health awareness and being able to have peer-to-peer counselors is a -- is a necessity within the police force and a necessity in the jobs that these men and women have. So thank you Senator Link and I urge an Aye vote.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Link, to close.
Thank you, Mr. President. Before I make my closing, I want to do something for legislative intent from the Illinois State Police. Nothing in this Section shall otherwise impair employer's ability to determine a State Police officer's fitness for duty or impair employer's ability to restrict, reassign, or place on leave an officer who is prohibited by law from possessing firearms. You know, we do a lot of important things in this -- in this Body and I'm very proud of the years that I've had here to do a lot of those, but today we're going to do something with the passing of this bill. We're going to tell a person, male or female, police officer or fighter fire -- fighter -- firefighter, that they should not be afraid to seek counseling. They should not be afraid that their future is in jeopardy by not seeking counseling. Senator Cunningham said it, Senator Cullerton said it, both of them said it, about how many suicides happen. I'd like you to think about this. I think it's happened throughout the whole State of Illinois. And I use an example of in Lake County, where a sheriff's deputy lived in Antioch and walked out his backyard. Well, we 83 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 didn't know it at the time, because they were looking for him for two days. They did a search and they found him, committed suicide in the wooded area in his backyard. What do you think that family member feels like? What do you think those relatives feel like? What do you think those fellow officers feel like? Maybe, if he had help, he would not have done this. Maybe a little privacy of his help may have saved his life. Okay, maybe all the t's and the i's are not dotted in this bill, maybe it's not a perfect bill, but I do not want to see this bill go down in defeat and have to talk to the families next year - well, we could have saved your husband or your wife's life had we passed this bill and this person would have gotten some help, but we were too worried about the t's being crossed and i's being dotted. Let's get it done. Let's get it passed. And let's have these officers who have been -- have our back, that we have their backs now and let them get peer -- peer support without the worrying of losing their jobs. I'd ask for an affirmative vote.
PRESIDING OFFICER: (SENATOR KOEHLER) The question is, shall House Bill 2766 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 48 voting Yea, 7 voting Nay, none voting Present. And House Bill 2766, having received the required constitutional majority, is declared passed. There being no further business to come before the Senate, the Senate stands adjourned until the hour of 12 noon on the 23rd day of May 2019. The Senate stands… Senator Bennett, for what purpose do you seek recognition?
84 STATE OF ILLINOIS 101st GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/22/2019 Announcement.
PRESIDING OFFICER: (SENATOR KOEHLER) An announcement.
Thank you, Ladies and Gentlemen of the jury - the jury, that's been awhile - of the Senate. I got a chance with you guys, not the jury. But I wanted to make an announcement. Though I am an unusual choice for the Chair of the Outdoor Caucus, I find myself in that position, so I want to invite everybody tomorrow to the legislative reception at the Kidzeum. So it'll be tomorrow, May 23rd, 5:30 to 7:30, after work. They're going to be doing a new traveling exhibit for Bees, Butterflies, and Blooms. Let's stop and smell the flowers. Please come out to the Outdoor Caucus legislative reception. Thank you. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR KOEHLER) Will everyone please go to their three o'clock committee meetings? The Senate stands adjourned. 85