PRESIDING OFFICER: (SENATOR KOEHLER) The regular Session of the 102nd General Assembly will please come to order. In place of the invocation today I ask all Senators and those watching the proceedings to observe a moment of silence in accordance with your beliefs and in honor of those lost during this pandemic. (Moment of silence observed) Please remain standing for the Pledge of Allegiance. Senator Crowe, would you please lead us in the Pledge?
(Pledge of Allegiance inaudible)
PRESIDING OFFICER: (SENATOR KOEHLER) We have a request by Gray TV for video recording. Seeing no objection, leave is granted. Mr. Secretary, Reading and Approval of the Journal.
Senate Journals of March 3rd and 5th, 2021.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Hunter.
Mr. President, I move that the Journals just read by the Secretary, be approved unless some Senator has additions or corrections to offer.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Hunter moves to approve the Journals just read by the Secretary. There being no objection, so ordered. Mr. Secretary, reading and approval of the Journal.
Senate Journal of Tuesday, October 19th, 2021.
PRESIDING OFFICER: (SENATOR KOEHLER) 1 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 Senator Hunter.
Mr. President, I move to postpone the readings and approval of the Journal just read by the Secretary, pending arrival of the printed transcripts.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Hunter moves to postpone the reading and approval of the Journal pending arrival of the printed transcripts. There being no objection, so ordered. Mr. Secretary, Resolutions.
Senate Resolutions 568 and 569, offered by Senator Anderson and all Members. And Senate Resolution 570, offered by Senator Koehler and all Members. They are all celebration of life resolutions, Mr. President.
PRESIDING OFFICER: (SENATOR KOEHLER) Resolutions Consent Calendar. Mr. Secretary, Committee Reports.
Senator Belt, Chair of the Committee on Education, reports Senate Amendment 2 to House Bill 3173 Recommend Do Adopt. Senator Stadelman, Chair of the Committee on Local Government, reports Senate Amendment 1 to House Bill 3702 Recommend Do Adopt. Senator Holmes, Chair of the Committee on Labor, reports House Bill 20 -- 220 Do Pass. Senator Jones, Chair of the Committee on Licensed Activities, reports Senate Bill 145 Do Pass, as Amended, and Senate Amendment 2 to House Bill 3401 Recommend Do Adopt. 2 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 Senator Landek, Chair of the Committee on State Government, reports Senate Resolutions 523, 534 and 545 Be Adopted; and Senate Amendment 2 to House Bill 307 Recommend Do Adopt.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Holmes, for what purpose do you seek recognition?
Thank you so much, Mr. President. Pursuant to Senate Rule 4- 1(e), I move that Senators Aquino, Bush, Collins, Ellman, Feigenholtz, Hastings, Sims and Stewart be allowed to participate and vote remotely for today's Session.
PRESIDING OFFICER: (SENATOR KOEHLER) Is there any discussion? If not, the question is, shall Senators Aquino, Bush, Collins, Ellman, Feigenholtz, Hastings, Sims and Stewart be allowed to participate and vote remotely for the October 20th, 2021, Session Day pursuant to Rule 4-1(e). All those in favor will say Aye. Opposed, Nay. In the opinion of the Chair, the Ayes have it. And the motion carries, and Senators Aquino, Bush, Collins, Ellman, Feigenholtz, Hastings, Sims and Stewart are allowed to participate and vote remotely for the October 20th, 2021, Session Day. Blueroomstream seeks recognition to video stream the meetings. Seeing no objection, leave is granted. Supplemental Calendar No. 1 has been distributed. We will go to the Order of 2nd Reading. Now on the Order of 2nd Reading is Senate Bill 145. Senator Murphy, are you prepared to go? Mr. Secretary, please read the bill.
Senate Bill 145. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Licensed Activities 3 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 adopted Amendment No. 2.
PRESIDING OFFICER: (SENATOR KOEHLER) Have there been any Floor amendments considered for -- for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR KOEHLER) 3rd Reading. We'll now go to House Bills 2nd Reading. House Bill 220. Senator Cullerton. Senator Tom Cullerton are you ready to proceed with House Bill 220? Mr. Secretary, please read the bill.
House Bill 220. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR KOEHLER) 3rd Reading. Will the Committee on Assignments please meet in the President’s Anteroom? Committee on Assignments please meet. Senator Hunter, from what purpose do you seek recognition?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR KOEHLER) Please state your point.
The other the day, over the weekend, we witnessed the first Women's World National Basketball Champs, the Chicago Sky, win the women's championship and - boy, I tell you - was such a great opportunity. They happen to be in my district. I've seen those 4 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 women play on the court and they're just as aggressive as the men are. And they're true -- true -- professionals. And I'd like to recognize and thank the -- the co-owners John Rogers and Michael Alter for all of their leadership. And all I can say is go Sky, go Chicago Sky!
PRESIDING OFFICER: (SENATOR KOEHLER) Congratulations to Chicago Sky. Thank you. Committee Reports, Mr. Secretary.
Senator Lightford, Chair of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to Executive Committee - Senate Bill 302; Be Approved for Consideration - Floor Amendment 1 to House Bill 359, and Floor Amendment 3 to House Bill 3173. Signed, Senator Kimberly A. Lightford, Chair.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Johnson, for what purpose do you seek recognition?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR KOEHLER) Please state your point.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I rise today to recognize World Polio Day, Rotary International, and the outstanding contributions of Rotarian Jack Blaine. October 24th is World Polio Day, an occasion to highlight progress towards the eradication of a disease that once crippled thousands of children annually in the U.S. and more than three hundred and fifty thousand children globally. The global eradication of polio is a 5 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 top priority of Rotary International. I would like to recognize the work of Rotary clubs in my district and around the world, who have tirelessly, since 1985, raised funds and awareness to end this terrible disease. Rotary has contributed more than 2.2 billion to end polio forever. Thanks to their work and collaboration with partners and governments around the world, 19.4 million people are walking, who otherwise would have been paralyzed by the poliovirus. 1.5 million childhood deaths have been averted through the global polio eradication initiative. Delivery of vitamin A, an essential nutrient that is needed for healthy growth and development, to children during polio immunization campaigns. Cases of wild poliovirus have been reduced by over 99.9 percent, and the number of countries reporting cases of wild poliovirus has been reduced from a hundred and twenty-five to two since 1988. In addition to highlighting progress towards a polio free world. and the work of Rotary clubs in my district, I am proud to recognize the unique leadership of Jack Blaine, a Rotarian in Wheeling, Illinois, here in my district, who was at the forefront of these efforts. Jack was an international executive coordinator of the initiative fundraising campaign in 1985 and continued his leadership and active engagement throughout his life, serving as U.S. Committee Chair and Private Sector Initiative Director. Jack epitomized Rotary's model of service above self. May we all take inspiration from the individual and collective contributions to the world without polio, thank you.
PRESIDING OFFICER: (SENATOR KOEHLER) Thank you, Senator. Will all Members of the Senate please come to the Floor? We're going to be doing 3rd Readings. All Senators, please come to the Floor. We're going to start on page 6 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 3, middle of the page, its House Bills {sic} 307. Senator Cunningham. Senator Cunningham, on House Bill 307. Mr. Secretary, please read the bill. Mr. -- huh? We're going to return Senate Bill or House Bill 307 to the Order of 2nd Reading. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Cunningham.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Cunningham, to explain your amendment.
Thank you, Mr. President. The amendment becomes the bill. I move for its adoption and I'll explain it on 3rd Reading.
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 307. Mr. Secretary, please read the bill.
House Bill 307. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Cunningham, to explain your bill.
Thank you, Mr. President. As amended, House Bill 307 becomes 7 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 the Second General Revisory Act of 2021. As you know, from time to time, we are asked to pass what is in -- in essence an omnibus cleanup bill, that's what this is. It's done at the urging mostly of LRB to cleanup inconsistencies in the law. It makes no substantive changes to any statute. Know of no opposition, would appreciate your support.
PRESIDING OFFICER: (SENATOR KOEHLER) Is there any discussion? Seeing none, the question is, shall House Bill 307 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. We'll now go to our remote voters. Senator Aquino. Senator Bush. Senator Collins.
Collins votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) We need to see you Senator Collins. Senator Feigenholtz, you need to turn your camera off. Senator -- Senator Collins votes Yes. Senator Ellman. Once you get through voting, please turn… Yes. Senator Ellman. Senator Feigenholtz.
Feigenholtz votes Aye.
PRESIDING OFFICER: (SENATOR KOEHLER) Feigenholtz votes Yes. Senator Hastings.
Hastings votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Hastings votes Yes. And when you done voting, please turn your camera off. Senator Sims. Senator Stewart.
Stewart votes Yes. 8 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Stewart votes Yes. Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Yea, none voting Nay, none voting Present. And House Bill 307, having received the required constitutional majority, is declared passed. We're going to go down one to page -- on the page to House Bill 359. Senator Tom Cullerton. Mr. Secretary, we're going to return House Bill 359 to the Order of 2nd Reading. On the Order of 2nd Reading, is now House Bill 359. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Cullerton.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Cullerton, to explain your amendment.
Thank you, Mr. President. House Bill 359 creates the Veterans' Accountability Unit. The Veterans' Accountability Unit will receive complaints and recommendations on IDVA operations and report them…
PRESIDING OFFICER: (SENATOR KOEHLER) This is on amendments, Senator.
I'm sorry. I'll explain it on 3rd. I'd like to adopt the amendment, explain it on 3rd.
PRESIDING OFFICER: (SENATOR KOEHLER) Alright. 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? 9 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021
No further amendments reported.
PRESIDING OFFICER: (SENATOR KOEHLER) 3rd Reading. Now on the Order of 3rd Reading is House Bill 359. Senator Cullerton. Mr. Secretary, please read the bill.
House Bill 359. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Now, Senator Cullerton, explain your bill.
Thank you, Mr. President. I apologize for that. House Bill 359 creates the Veterans' Accountability Unit. The Veterans' Accountability Unit will receive complaints and recommendations on IDVA operations and I'd like to thank my minority spokesperson. We were able to fix a title within the bill, on the amendment, so I appreciate their support for it. And I would ask for an Aye vote and I'll take any questions.
PRESIDING OFFICER: (SENATOR KOEHLER) Is there any discussion? Seeing none, the question is, shall House Bill 359 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Going to our remote voters, Senator Aquino. And please turn your camera off if you're not voting. Senator Bush.
Senator Bush votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Need to see you, Senator Bush. 10 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021
Can you see me now?
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Bush votes Yes. Senator Collins.
Senator Collins votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Collins votes Yes. Senator Ellman.
Senator Ellman votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Ellman votes Yes. Senator Feigenholtz.
Senator Feigenholtz votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Feigenholtz votes Yes. Senator Hastings.
Senator Hastings votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) I need to see you Senator Hastings.
Hastings votes Yes, Senator.
PRESIDING OFFICER: (SENATOR KOEHLER) Hastings votes Yes. Senator Sims. Senator Stewart.
Stewart votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Stewart votes Yes. Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 11 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 56 Yeas, none voting Nay, none voting Present. And House Bill 359, having received the required constitutional majority, is declared passed. We have a request from WCIA to record and video and audio. Without any objection, leave is granted. We're going to turn the page now to page 4, and we're going to go to House Bill 692. Senator Morrison. Mr. Secretary, please read the bill.
House Bill 692. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Morrison, to explain your bill.
Thank you, Mr. President. House Bill 692 aims at reunifying families and providing community-based services. It creates a new licensing code within DCFS for emergency placement for CCBYS providers and creates a streamlined licensing and training process designed to create a category of licensure for these host homes. This is applicable for children ages eleven to seventeen and will help divert those children and their families from the child welfare system and from juvenile justice. I ask for your support.
PRESIDING OFFICER: (SENATOR KOEHLER) Seeing no discussion, the question is, shall House Bill 692 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? We'll now go to our remote voters. Senator Aquino. Senator Bush.
Senator Bush votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) 12 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 Senator Bush votes Yes. Senator Collins.
Senator Collins votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Collins votes Yes. Senator Ellman.
Yes. Ellman votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Ellman votes Yes. Senator Feigenholtz.
Feigenholtz votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Feigenholtz votes Yes. Senator Hastings.
Hastings votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) I need to see you, Senator.
Hastings votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Hastings votes Yes. Senator Sims. Senator Stewart.
Stewart votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Stewart. I need to see you, Senator Stewart.
Stewart votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Stewart votes Yes. Have all voted who wish? Have 13 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 all voted who wish? Take the record. On that question, there are 56 voting Yea, none voting Nay, none voting Present. And House Bill 692, having received the required constitutional majority is declared passed. Turn to page 5, at the very top of the page is House Bill 1975, Senator Bennett. Senator Bennett, on House Bill -- Mr. Secretary, please read the bill.
House Bill 1975. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Bennett, to explain your bill.
Thank you, Mr. President. House Bill 1975, as amended, would create Faith's Law. Essentially, what it attempts to do is close loopholes in existing law that would allow, essentially, predators that are working in our school systems from grooming and preying on our students within the schools. There's also been some confusion from good teachers that observe troubling behavior that they don't know whether -- where the right line is for them in terms of reporting and discouraging that behavior. This bill tries to make sure that schools do more to define sexual misconduct, make sure that they write a code of ethics, and it also expands the offensive grooming, which right now only takes place electronically, to other communications that are written as well.
PRESIDING OFFICER: (SENATOR KOEHLER) Seeing no discussion, the question is, shall House Bill 1975 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Turning now to our remote 14 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 voters, Senator Aquino. Senator Bush.
Bush votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Bush votes Yes. Senator Collins.
Collins votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Collins votes Yes. Senator Ellman.
Ellman votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Ellman votes Yes. Senator Feigenholtz.
Feigenholtz votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Feigenholtz votes Yes. Senator Hastings.
Hastings votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Hastings votes Yes. Senator Sims. Senator Stewart.
Stewart votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Stewart votes Yes. 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 1975, having received the required constitutional majority, is declared passed. With leave of the Body, we'll go to page 6. 15 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 We're going to go to House Bill 3372. Senator Johnson, are you ready? Senator Johnson, on -- Mr. Secretary, please read the bill. Senator Johnson, seeks leave of the Body to return House Bill 3372 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is House Bill 3372. Mr. Secretary, are there any Floor amendments approved for consideration? We'll go back, that has no amendments on it. So, Senator Johnson, are you ready to proceed? We'll put the bill on 3rd Reading. Now on 3rd Reading is House Bill 3372. Mr. Secretary, please read the bill.
House Bill 3372. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Johnson, to explain your bill.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 3372 clarifies that the United States national flag, when flown at half-staff, should be hoisted to the peak of the staff and then lowered -- lowered to half-way between the top and bottom of the staff. The bill also clarifies that on Memorial Day the flag should be displayed at half-staff only until noon and that the flag should be flown at half-staff for the following occurrences; the death of a present or formal -- former government official, the death of a member of the armed forces, or first responders while serving in the line of duty, and any other occurrence that the Governor deems worthy. There are no opponents and I ask for your support.
PRESIDING OFFICER: (SENATOR KOEHLER) 16 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 Seeing no discussion, the question is, shall House Bill 3372 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? We'll now turn to our remote voters, Senator Aquino, Senator Bush.
Bush votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Bush votes Yes. Senator Collins.
Collins votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Collins votes Yes. Senator Ellman.
Ellman votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Ellman votes Yes. Senator Feigenholtz.
Feigenholtz votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Feigenholtz votes Yes. Senator Hastings.
Hastings votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Hastings votes Yes. Senator Sims. Senator Stewart.
Stewart votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Stewart votes Yes. Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 17 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 56 voting Yea, none voting Nay, none voting Present. And House Bill 3372, having received the required constitutional majority, is declared passed. Down on the bottom of page of 6, is House Bill 3702. Mr. Secretary -- Senator Johnson seeks leave of the Body to return House Bill 3702 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is House Bill 3702. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Johnson.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Johnson, to explain your amendment.
Yes, Mr. President. I would like to adopt the amendment and explain it on 3rd Reading.
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 3702. Mr. Secretary, please read the bill.
House Bill 3702. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) 18 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 Senator Johnson, to explain your bill.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 3702 is an initiative of Lake County government and, as amended, broadens the requirements for superintendents of county public works departments. Requiring superintendents to be registered professional engineers, to requiring superintendents to be either a registered -- to be a registered professional engineer, hold a degree in engineering from an accredited university, or have at least ten years of management level professional experience in either a municipal and public works -- county public works department. We have two proponents and we have three opponents to the bill. I -- if -- open the Floor to any questions, but I ask for your support. I ask for the Aye votes.
PRESIDING OFFICER: (SENATOR KOEHLER) Seeing no discussion, the question is, shall House Bill 3702 -- I'm sorry, is there discussion? Senator Wilcox.
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) To the bill.
So, this looks innocuous on its face. The claims are that it makes counties equivalent to municipalities in requirements, but the reality is the complexity of public works departments, at the county level, is significant enough that maintaining the professional engineer requirement is recommended by many of the professional societies. And at the heart of this, this is likely a county looking to hire a current interim director who does not 19 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 meet the requirements. I urge a No vote.
PRESIDING OFFICER: (SENATOR KOEHLER) Any further discussion? Senator Johnson, to close.
Yes. Thank you very much and this bills -- House Bill 3702, actually creates parity between the county and the municipality. Currently, municipalities do not have the requirement and so I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR KOEHLER) The question is, shall House Bill 3702 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Turning to remote voters, Senator Aquino. Senator Bush.
Bush votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Bush votes Yes. Senator Collins.
Collins votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Collins votes Yes. Senator Ellman. Senator Feigenholtz.
Feigenholtz votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Feigenholtz votes Yes. Senator Hastings.
Hastings votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) 20 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 Senator Hastings votes Yes. Senator Sims. Senator Stewart.
Stewart votes No.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Stewart votes No. Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 37 voting Yea, 19 voting Nay, and none voting Present. And House Bill 3702, having received the required constitutional majority, is declared passed. With leave of the Body, we'll go back up on page 6 to House Bill 3401. Senator Castro. Mr. Secretary, please read the bill. Senator Castro seeks leave of the Body to return House Bill 3401 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading, is House Bill 3401. 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.
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 3401. Mr. Secretary, please read the bill. 21 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021
House Bill 3401. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Castro, to explain your bill.
Thank you, Mr. President, Members of the Chamber. House Bill 3401 is - let's just put it this way - a historic measure that has taken many, many years to come to fruition. As I saw this morning, it was 1986 when this was first discussed. Former Senator, now Clerk, Iris Martinez, carried this bill for over ten years or -- or, considerable amount of time frame. Chaired along with State Representative Anna Moeller, a working group, a task force to finally get all of the parties and sides together. And I must say, we have a historic agreement where the Hospital Association, the Trial Lawyers, the Med Society, ACOG, and the midwives are all in agreement. So, to give a little update on what the -- analysis of the bill is, it creates the Licensed Certified Professional Midwives Professional Act which contains licensure requirements, title protections, informed consent and scope of practice for midwives. The bill also creates the Illinois Midwifery Board and includes administrative and disciplinary action for midwives. I -- I'm at a loss for words, because this was a long time coming. It was a difficult negotiation. And I ask for everyone's support and an Aye vote.
PRESIDING OFFICER: (SENATOR KOEHLER) Is there any discussion? Senator Anderson.
22 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) The bill.
I want to say thank you to Senator Castro. This is something that even before you were here Senator, me and Senator Martinez, had worked long and hard on. It's been a long road and I'm so happy you were able to come to the table and push it across the finish line. So, I urge everybody for an Aye vote. Thank you, Senator.
PRESIDING OFFICER: (SENATOR KOEHLER) Further discussion? Senator Rose.
Thank you. Standing in support of the bill, as you've noted, this has been a decade and a half in the making, and all those other folks who couldn't get it done. Today, Senator, you are going to get it done. And myself, and Senator Anderson, we're going to proudly stand with you. I represent quite a few of the - not all of it - but quite a bit of the State's Amish population, who have been crying out for a long time for help on -- in this front. And so, I'm -- I'm proud to vote with you today, Senator. I have no idea - you just listed off a name of legislative legends who couldn't get this done and you're about to get it done. On all that said, someday you will have to tell me who ACOG is because I've never heard of that group, but I'm very excited to know we have yet another group in this Capitol that no one has ever heard of in - for a bill. Thank you.
PRESIDING OFFICER: (SENATOR KOEHLER) Further discussion? Senator Jones. 23 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR KOEHLER) To the bill.
I would also like to commend the sponsor on her hard work on this bill. This issue has been in Licensed Activities for many years. Our former colleague, Senator Iris Martinez, had led the charge and then once she left and went on to bigger and better things, our dear colleague, Senator Castro, took over and pushed this over the -- over the hump. So, I commend you and -- urge for an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Castro, to close.
Senators, thank you for the kind comments and -- I have to give a shout out to, actually, one of my midwives who lives in my district, Karen Bachman, who also was pushing for this, as well as many of you heard from a bunch of different midwives. But I also want to thank the stakeholders, all of you, for your time and effort to seeing this through the finish line. Everyone involved in the conversation and when we talk about maternal health for women especially black and brown women, now we give folks options and choices to help advocate for them and draw down the horrible maternal morbidity where we're seeing across the nation. Illinois is at the forefront of that. So, I ask in closing, for an Aye vote.
PRESIDING OFFICER: (SENATOR KOEHLER) The question is, shall House Bill 3401 pass. All those in 24 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Turning now to our remote voters, Senator Aquino, Senator Bush.
Senator Bush votes Aye.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Bush votes Aye. Senator Collins.
Collins votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Collins votes Yes. Senator Ellman.
Ellman votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Ellman votes Yes. Senator Feigenholtz.
Senator Feigenholtz votes Aye, happily.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Feigenholtz votes Yes. Senator Hastings.
Hastings votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Hastings votes Yes. Senator Sims. Senator Stewart.
Stewart votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Stewart votes Yes. Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Yea, 1 voting none {sic}, none voting Present. And House 25 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 Bill 3401, having received the required constitutional majority, is declared passed. With leave of the Body, we'll go back -- up to the top of page 6. We're going to go to House Bill 3173. Senator Lightford seeks leave of the Body to return House Bill 3173 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is House Bill 3173. Mr. Secretary, any Floor amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Lightford.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Lightford, to explain your amendment.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I'd be happy to debate it on 3rd, please.
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. Mr. Secretary, are there any further Floor amendments approved for consideration?
Floor Amendment No. 3, offered by Senator Lightford.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Lightford, on your amendment.
Thank you -- thank you, Mr. President. I move for its adoption and happy to debate 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. 26 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 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 3173. Mr. Secretary, please read the bill.
House Bill 3173. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR KOEHLER) Leader Lightford, to explain your bill.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill is a trailer bill to the Ensuring Success in School Law legislation that we passed during the spring Session. This group was very adamant about making sure that all education stakeholders were involved in such an important issue to protect students who are victims of sexual or domestic violence or harassment, and students who are pregnant or parenting. So, that's what the law actually did, provided greater protection and resources for those students. There was five areas of concern that they wanted to, kind of, stakeout over the summer and so many groups got together with CAASE being the lead, Shriver Center, ICASA, Chicago Children's Advocacy Center, ED-RED, LEND, and SCOPE, the Illinois School of Social Workers, the Illinois Principals Association, the IESB, really worked hard this entire summer. So, I want you all to know that it's something that didn't come over quickly. It's something - a trailer bill that took a lot of debate and work. 27 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 So, when we passed that original measure, realizing that we needed to continue to working, this is what this trailer bill is about. It corrects some of the drafting errors regarding the effective dates. We wanted to extend an additional year around the confidentiality piece. It creates a more narrow definition of employees at sexual assault and domestic violence organizations to allow students to be excused from in school instruction, it updates the task force language, we created a task force but we wanted to make sure that the task force is required to draft language sample policies that can be inserted into the already existing school policies, try not to start that from the very beginning, but add on some critical components. It clarified language around dispute resolution and confidentiality requirements to address concerns raised by school districts and administrators, all of management schools were involved in the negotiation. In fact, back in May, I received a -- five outstanding issues that need to be addressed, that was presented to me from Ed-Red, LEND and Scope, and some of the coalition. And then the last item is that it allows for disclosure of information disclosed by a student to their parents without their consent if it is determined that making such a disclosure is -- is unsafe for the child. So, this law does not - I want to be clear here because in our committee today there was a mixing of apples and oranges a little bit, so this bill does not apply to abortions or any reproductive health issue. That is not this bill. The confidentiality provisions here are only triggered when a student discloses that they are either a victim of sexual assault, harassment, or domestic violence, or are parenting, or expected parent. They are not triggered by any conversations around healthcare services, or reproductive health services, 28 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 including abortions. It is also important to note that current law already, right now, does not obligate a school to notify a parent when a student discloses that they are pregnant. It's not required now. The unfortunate reality is that in some cases sexual abuse occurs at home and a pregnancy may result from such abuse. We want our trained professionals to consider such risk to the child before disclosing any status covered by this law. And in my final comments, I wanted to be noted, that the confidentiality provision does not yet go into effect until July 1 of 2023, which is one of the agreed upon items with management to give schools time to devise the best policies possible based on their local resources and capabilities. So, I'm really proud of the work that was done. I commend all those groups, I commend my staff, Claire held everything together this whole summer in moving pieces along and I'd be happy to answer any questions, Mr. President.
PRESIDING OFFICER: (SENATOR KOEHLER) Is there any discussion? Senator Bailey.
Thank you very much, may I inquire of the sponsor.
PRESIDING OFFICER: (SENATOR KOEHLER) She indicates she'll yield.
Thank you. Leader, I have a -- just a question like you said, there was a seemed to be some confusion on the committee today. If a student tells an employee of the school, janitor, bus driver, teacher, that she is pregnant and is going to have an abortion. Can that employee tell - notify - the parent? Is there anything hindering or stopping that employee from notifying the parent.
PRESIDING OFFICER: (SENATOR KOEHLER) 29 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 Leader Lightford.
Thank you, Mr. President. The first thing you did was brought up the word abortion, and I just read a full statement that this has nothing to do with abortions. Currently, the schools have the provision, right now, to decide how they want to treat a student that approaches any administrator in the building with any type of situation. This is related to pregnancy. This bill, right here, just pretty much identifies with the students who have been sexually assaulted or engaged in some sort of domestic violence. So, this is a different piece. So, the school districts, right now, and the school boards, make the decision on how they want to address those issues and this doesn't prevent them from doing so.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Bailey.
Thank you. This amendment does absolutely - I just want to, I'm sorry, I want to reiterate one more time, make sure we're clear. This amendment does nothing to prevent, in and of itself, a school employee from notifying a parent that -- that -- that a young lady is pregnant and is going to get an abortion, that -- that exact example.
PRESIDING OFFICER: (SENATOR KOEHLER) Leader Lightford.
Correct. Actually, this actually, gives each school district an opportunity to establish their own process.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Bailey. 30 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021
Leader, I had asked you earlier and this is many times why, you know, we become curious and -- and -- and frustrated, and fearful as to what's in a bill because it was noted several times in committee that there were no opposition witness slips. And I believe that there were no opposition witness slips because the amendment dropped sometime yesterday. No one knew about it and I believe no one really had the time to look this up and decide if they were opposed to it or not. What -- what time did this bill, that this amendment, drop yesterday?
PRESIDING OFFICER: (SENATOR KOEHLER) Leader Lightford.
Senator Bailey, I'm not the timekeeper, and I'm not going to guess what time it dropped. I would just encourage you as a new Member to recognize that there is community engagement, there's stakeholders around many issues that we address. I read a full list to you of all the education stakeholders who have been working on this one issue here since about February of this year. So, when we got to May to pass the Ensurance {sic}(Ensuring Success) in School Law there was some provisions that still needed to be worked on. So, the group agreed that we would move that bill, but a trailer bill would be coming forth. Which is what I said on this Floor in May, that a trailer bill would be coming forth. Those groups continue to work over the entire summer on a regular basis. All of management represented, school boards represented, principals' associations, they're all a part of it. So, you can't say no one knows, they know, they are representatives of their body. And they were part of the negotiations and none of them 31 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 filed in opposition. There's no opposition to this bill, Ladies and Gentlemen of the Senate, and I'm not going to allow someone to create opposition after these groups really worked hard to come up to a resolve.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Bailey.
The amendment, please.
PRESIDING OFFICER: (SENATOR KOEHLER) To the bill.
Leader, I appreciate your recognition that I am a new Senator here. However, I'm here in part of this Body because I'm really fed up with the tactics of this great Assembly, as I've exemplified many times over the years as a tax paying member of society, seeing that the people really don't have that much input into this whenever games like this are being played. It's very frustrating. You know, we've talked about these trailer bills before. Why don't we have things fixed right when the original bill is - we've asked for that and you could have simply waited until now to -- to do that, but you expect us to trust the process to think that everything is okay. I received this this morning and -- and I'm -- was elated, tomorrow at 10:30 a.m., at New Life Family Center Church, 2910 Central Avenue, in Chicago, there's going to be a meeting of the Pastors Coalition of Greater Chicago. They oppose any changes, whatsoever, to -- to -- such as we're seeing here, there's no need for it. Over a hundred pastors will deliver signed letters to Illinois legislators demanding why they should vote No and make no changes to anything regarding parental notice. Parents 32 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 deserve the right to know. The pastors predominately from Latino, African American and other ethnic communities are making the following pronouncements; children are created by God and attached to their identified parents at the time of birth, parents have the primary duty to raise, educate and protect their children, not the government. Parents must be afforded the opportunity to discuss any major healthcare decisions with their minor children. It is the parents, not the State, who have the long-term responsibility of continuing care for the child after any surgery. The present Illinois Parental Notification Law passed in '96 has had these -- has had the desired effect, preventing Illinois from becoming an abortion dumping ground, since all the adjoining States have either parental consent or parental notification laws, at present. Increasing parental involvement with their children regarding the dangers of potential surgery and requiring the abortion provider to inform the parent forty-eight hours in advance. Pastors further cited a recent -- a recent Illinois poll conducted by the Tarrance Group and sponsored by the non-profit, One Nation Under God Foundation. Seventy-eight percent of African American voters supported the present Parental Notification Law and in the same poll seventy percent of Hispanics support the present Parental Notification Law. And I understand perfectly well that you stand here and tell us that -- that has absolutely nothing to do with this, but that is simply what I am -- I'm not seeing that. Many times, there are unintended consequences to legislation and I see that here. So, please vote No.
PRESIDING OFFICER: (SENATOR KOEHLER) Any discussion? Senator Wilcox.
33 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 Question to the Sponsor.
PRESIDING OFFICER: (SENATOR KOEHLER) Indicates -- she indicates she'll yield.
Since much of this language is focused on those that are victims of sexual abuse or domestic violence, and the language primarily addresses how the school employees or counselors will deal with the -- with the student. What is the legal reporting requirement if a student makes an allegation of domestic violence or sexual abuse to the school? I think a lot of this language is about how they address the needs of the student, but what is the legal reporting requirement to law enforcement if allegations like that are made?
PRESIDING OFFICER: (SENATOR KOEHLER) Leader Lightford.
Thank you, Senator Wilcox. We have not changed any of the law, as it is today, related to mandated reporting, reporting to law enforcement. None of that changes. It's -- it's actually what's in current statute today.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Wilcox.
So, it is safe to assume that all those mandated reports of violent allegations are to be reported to law enforcement. Correct?
PRESIDING OFFICER: (SENATOR KOEHLER) Leader Lightford.
34 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Wilcox.
…for the clarification on the record.
PRESIDING OFFICER: (SENATOR KOEHLER) Further discussion? Senator Rezin.
Thank you, Mr. President. Question for the sponsor, please.
PRESIDING OFFICER: (SENATOR KOEHLER) She indicates she will yield.
Thank you. Senator Lightford, as I said in committee today, I do commend you because this has been a bill that you and your team have been working on for well over, I don't know, a year. The fact that you brought all of the advocates for, against, in the middle, dealing with this issue, and came out with this bill that was passed previously, I say was a major accomplishment. So, -- you know, I want to recognize that, and I also want to recognize that you did say it was not a perfect bill and we were going to come up and clean this up. And as a result, all summer long, I recognized that all of the same groups you got together to then sit down and go through the five remaining areas of contention. And we did hear from management. Peg spoke on behalf of management about -- that they feel that this bill is better because of it -- and addresses many of the issues in it that you - they felt - were difficult to implement. So, I appreciate that. However, we do have a concern we've been talking about in the confidentiality part of this bill. So, set aside the rest of the bill that you 35 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 worked out, so thank you for that and you did -- you did work with them and I appreciate you doing that, but this confidentiality component in the bill is -- we have questions about. I guess my question would be, and I have several, would the language in the amendment, pertaining to confidentiality, provide an avenue to repeal parental notice? I know it was asked, but I want to ask it again, to require notice to a school employee in lieu of a parent?
PRESIDING OFFICER: (SENATOR KOEHLER) Leader Lightford.
No.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Rezin.
Why are we -- why did we put, or why do we have this confidentiality piece in this bill? What weren't schools doing prior to this bill that you feel the need to put into a statute that all schools now must do. What -- what -- what -- how did they handle this differently? Why is this in statute now?
PRESIDING OFFICER: (SENATOR KOEHLER) Leader Lightford.
The unfortunate reality is that in some cases sexual abuse occurs at home and a pregnancy may result from that abuse. And so, we want our trained professionals to consider such risk to the child before disclosing any status that's covered by this law. So, in some cases, it's sad but true that the perpetrator could be the person that you're contacting. And so, that -- we're leaving that discretion up for the professionals to make that call. 36 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Rezin.
So, if a student came to a counselor and said, "I'm pregnant", can the counselor, and I'm struggling with it for many reasons, there's -- it's not an abusive -- pregnancy caused by abuse, but a minor found themselves pregnant, they go to the counselor and can the counselor then go and have a conversation with the parent?
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Lightford.
So, it's almost like repeating the same things, at this point, schools are not currently required, right now, to report a pregnancy. Their -- their just -- they just don't have to do it. They do not have to call the parents if a -- if a student says, "I'm pregnant", right now, in statute. This right here, leaves the discretion up to the counselor or the administrator, could be the dean, it's not necessary the counselor, which ever mechanism that the school district has set in place for these type of issues. It's up to them, to kind of, vet that child, figure out, is the abuse happening from the home, is it safe for us to notify the parent. At the end of the day, we just want to keep the child safe. So, if you're calling the actual perpetrator -- you could be putting that child in -- in -- in more of a danger and putting them more in harm's way. So just over and over again, the school districts, right now, are currently not required to report to parents. So, we didn't touch any of that. We want to leave it general enough for local control and school discretion so that the boards can establish how they see fit for their school district. 37 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 We extended the deadline on the confidentiality piece by one year. So, instead of it taking effect July of '22, it would not take effect until '23, because we want to allow those school districts adequate time and that's the part of what the negotiations were about from management on what they were comfortable with -- with the implementation and -- and that's what we landed on.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Rezin.
Thank you. One more question and then I'll speak on behalf of the bill. So, it is true, currently, that again a school does not have to notify the parent if someone comes to them and says, "I'm pregnant, what do I do?" However, more often than not, they would go and include the parent in this discussion. What we're doing here though, is codifying and putting in statute that someone who is pregnant and goes to a counselor, an employee, and says that they are - cannot talk to the parent or tell the parent until someone deems -- deems this safe. So, I guess, that is the difference, there isn't a question there. It is to the bill. So thank you, Leader Lightford. I do see a difference with -- with what you've explained and what we're doing here. We're codifying so school districts currently do not have -- their handling this issue at the local level. There isn't a state statute that essentially says if you go to a counselor and you tell them that you're pregnant that -- that that counselor cannot then tell the parent. This says that you cannot. Currently, they can, should they choose, and I would assume that most often that counselor would talk to the parent and bring them in and try to discuss the situation with their child. So, again, I do commend the Leader. 38 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 She works on very tough conflict issues for education and I know you've worked a long time and brought all of the groups together on this issue. I still have concerns about codifying this one piece in the confidentiality section that would, in my opinion, really give more power to the counselors and the employees and take that power, potentially, away from notifying the parent. Thank you.
PRESIDING OFFICER: (SENATOR KOEHLER) Further discussion? Senator Rose.
Thank you, Mr. President. I have a parliamentary inquiry then, based upon the answer to that, I may or may not have questions for the sponsor. Was Floor Amendment No. 3 to House Bill 3173 adopted?
PRESIDING OFFICER: (SENATOR KOEHLER) Yes, it was.
Okay. Then I would like to question the sponsor, if I may.
PRESIDING OFFICER: (SENATOR KOEHLER) She indicates she'll yield.
Thank you. Leader Lightford, good afternoon, as you know it's always wonderful to see you in this Chamber. I'm -- though -- as I often am confused because I've got you saying one thing, I've got Bailey saying another thing, so I say to myself, "Good Lord, I've got to go read the thing for myself." So, I've done that. And let me call your attention to page 43, beginning of line 14, 14 through 17 said and this it -- I think this is the confusion point here -- if disclosing such risk, meaning pregnancy 39 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 - does not require disclosing confidential information about a student's status, then the student's status must be shared - must be shared. However, Floor Amendment 3, line 6, inserts the single word "not" after "must", changing it to "must not be shared." So, if your point, which I think we're all in agreement on, that an offender should not be told if the -- if the perpetrator of the sexual violence is the parent, we need to protect that child at all costs and we should not be telling the parent what happened. However, in this event, because of the inclusion of "not", you've done the opposite, which is, you'll never tell any parent at any time, period. I would also point out that the language, itself, is highly confusing because it says, "does not require disclosing confidential information about a student's status" but, you know, confidential information, I mean, that's what we're talking about here is the pregnancy. So, I think in -- in Madam Leader, I know you and I have had a couple good rounds here over the years but in all honesty, I think -- I think it would be well worth your time and ours, if we could just sit down and figure out this language for a minute and make sure were not inadvertently doing something other than what was intended.
PRESIDING OFFICER: (SENATOR KOEHLER) Leader Lightford.
Thank you, Mr. President. Senator Chapin, you're one of my favorites Senators too. So, let's just start with the bill. When you brought up page 43, the Amendment No. 3 did satisfy the -- the error that we had in the original bill. So the word "not" is intended. So adopted Amendment No. 3 was intentional. Then, if I were to go to - there is a difference between a student who falls 40 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 into the victim of sexual or domestic violence or harassment category. First, is a student in the pregnant category. So, it's the status of the student's situation that we have to take into consideration. Every sexual abuse is not going to create a pregnancy, but then, perhaps some may. And if that's the case, then we want to make sure that the perpetrator is not the actual parent or significant other, etcetera, that you're reporting the information back to. So, the status of the student is very important in the discussion. And so our goal here is so that the administrators, whomever the school board and the school district, adopt a policy which is what they're going to do around confidentiality. When they adopt their policy, they'll be able to determine on what status categories they want those items to fall in. and -- and who manages that in the building, and then how that information is parlayed to the parent, if they deem it necessary, if the student is not at risk as a result of them notifying the parents. So, it's all about the safety and it's not specific about the abortion. The -- all of these cases may not be an abortion. So, back in 2018, the Shiver Center did -- some research and data and it showed that more students felt that they were not protected in this space. And so, this was as a result of that data that came in, in 2018. So the conversations start having -- happening and now this is the development of trying to accommodate that concern.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Rose.
And -- and let me be clear, I don't think there's an argument about intent here, Leader. I think it's -- it's the -- the actual 41 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 draft language, itself, which is very confusing. Is the confidential information being shared? The pregnancy? Is that - - let me be clear that I'm right on that because if I'm not right then that.
PRESIDING OFFICER: (SENATOR KOEHLER) Leader Lightford.
Thank you, Mr. President. So, if you're looking at the bill, Senator, you started on page 43, line 17. I -- I started from the bottom of page 42, with line 25, when we first -- in committee. And it starts out with being "necessary to address imminent risk of serious physical injury or death of a student or other persons including to the victim." So, there's a whole lot more than you starting at line 17. There's like 16 lines before that, that kind of spells out the -- the focus that the school district - I'll keep reading - and I hope you guys are okay if you would indulge me on that. "Nothing in this Section shall prohibit any employee of the school district or contractual professional staff working with students who has received confidential information from seeking guidance." Nothing prohibits them "from seeking guidance and support from an appropriate administrator or the resource personnel as required in Section 26A-35 regarding a confidential disclosure." It's already in statute. We're referring them back to the current statute that's already there on how to manage it, "provided that no personally identifiable information about the student is disclosed. Nothing in this Section shall prohibit any employee of the school district or contractual professional staff working with students who has received confidential information about a student's status." That's the key word here, the status, 42 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 "from disclosing information to the student's parent or guardian about any imminent risk." So, there's "nothing in this Section shall prohibit any employee of the school district or contractual professional staff working with students who has received confidential information about a student's status." Nothing prohibits them from "disclosing information to the student's parent or guardian about any imminent risk of serious physical injury or death to the student or another person. If disclosing such risk does not require disclosing confidential information about a student's status, then the student's status must", and it said "must" before and now we say "must not" be shared. So it's got to be a risk situation that is deemed to be, according to the State law that's already on the books, it still has to be that that contractual professional or administrator feels that this student's information they could share with the parents, would not put them at a greater harm risk or that they were actually the actual perpetrators. That's the whole thing we're trying to get at, the status of the individual.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Rose.
I'll just sum it up, I and I do -- really, I do appreciate the -- the dialogue here, I really do. I think the inclusion of "not" completely and utterly upends everything you just read. Because if you just read this on its face, if disclosing such risk does not require disclosing confidential information about a student's status, then the student's status must not be disclosed. So -- so how would that ever occur? I mean it's -- it's literally you're saying you're not going to disclose the status even if -- 43 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 even if -- here's a better way to say it -- even if disclosing the risk would not risk disclosing confidential information, you still can't do it. And that's what the "not" does. So, -- I -- I -- I think we can stop -- stop here but I -- I appreciate your time, Leader. I -- I think it's -- I think you should rethink whether the "not" is actually accomplishing your objective -- because we may be upending everything else that just -- has already been there. Notwithstanding the fact, I think I can speak for most of the people on my side of the aisle, everything else in here is a good idea. But this one word is upending the legislative intent that you, yourself, have put into the record and -- and I -- I appreciate your time. I appreciate the Body's indulgence but -- with Floor Amendment 3 attached, I'll be voting No. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR KOEHLER) Leader Lightford, to close.
Thank you, Mr. President, Ladies and Gentlemen of the Senate for your indulgence. Thank you, Senator Rose, for that I would just in my closing remarks just reiterate that there's nothing in this statute that prohibits parents from receiving the information. That is important to note that the administrator or the contractual professional or whomever the school district deems as their person to communicate in cases of this, will make that call based on the student's status. This is just a measure to protect students who are dealing with sexual violence and abuse. There was some comments made earlier. There is not a meeting tomorrow in Chicago about this bill. And all of us here are representatives of our districts and we're their voice in this 44 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 process. This is really a good bill. A lot of time and energy spent from all the right people, you know, we wanted to make sure the social workers had a voice in it, as well as the principals. We wanted to make sure that all of the advocate groups were at the table as well as the management groups. And with them coming together, this was what the end result is and I believe this is a good sound piece of legislation and I -- I'd be happy to ask for an Aye vote.
PRESIDING OFFICER: (SENATOR KOEHLER) And so, the question is, shall House Bill 3173 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Will now go to our remote voters, Senator Aquino. Senator Bush.
Bush votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Bush votes Yes. Senator Collins.
Collins votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Collins votes Yes. Senator Ellman. Senator Feigenholtz.
Feigenholtz votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Feigenholtz votes Yes. Senator Hastings.
Hastings votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) 45 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 Senator Hastings votes Yes. Senator Sims. Senator Stewart.
Stewart votes No.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Stewart votes No. Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 37 voting Yea, 17 voting Nay, none voting Present. And House Bill 3173, having received the required constitutional majority, is declared passed. We're going to go back to Supplemental Calendar No. 1. We're going to go to resolutions and we're going to start with Senate Resolution 523. Senator Crowe. Mr. Secretary, please read the resolution.
Senate Resolution 523, offered by Senator Crowe.
PRESIDING OFFICER: (SENATOR KOEHLER) Excuse me one second. Is there a question? Senator Syverson.
Excuse me. I had -- I had risen on -- to ask for a verification on that last vote before you moved on to another -- next business.
PRESIDING OFFICER: (SENATOR KOEHLER) I'm sorry, we've gone to resolutions. Senator Crowe on Resolution No. -- Senate Resolution 523. Secretary, please read the resolution. Senator Crowe, on your resolution.
Thank you, Mr. President. Earlier in this General Assembly we passed a resolution for a task force on child sexual and physical abuse. That was established pursuant to Senate Resolution 58. We now need some more time to continue work on that task force 46 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 and I'm simply asking that the resolution be extended to January 1 of '22. And I know of no opposition, I ask for an Aye vote, thank you.
PRESIDING OFFICER: (SENATOR KOEHLER) This resolution will need… Discussion, Senator Rose.
Parliamentary inquiry.
PRESIDING OFFICER: (SENATOR KOEHLER) State your inquiry.
Mr. President, did you see Senator Syverson's light on before you moved to resolutions.
PRESIDING OFFICER: (SENATOR KOEHLER) I did not.
Okay. Did you look?
PRESIDING OFFICER: (SENATOR KOEHLER) I have the board in front of me. Yes, I looked.
Our side would suggest that Senator Syverson was active with his light, timely with his light, and he should have been recognized. I accept you at your word, sir, and we will move on. Mainly, because it's you and we appreciate that.
PRESIDING OFFICER: (SENATOR KOEHLER) Yes, thank you for that. I will -- I will look more closely in the future.
Please -- please note that he was timely in. Thank you, Mr. President. 47 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021
PRESIDING OFFICER: (SENATOR KOEHLER) Thank you. Any further discussion on the resolution? Seeing none. Since this resolution requires expenditure of State funds, a roll call vote will be required. So, the question is, shall Senate resolution pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Will going to go to our remote voters, Senator Aquino. Senator Bush.
Bush votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Bush votes Yes. Senator Collins.
Collins votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) I need to see you Senator.
Collins votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Collins votes Yes. Senator Ellman. Senator Feigenholtz.
Feigenholtz votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Feigenholtz votes Yes. Senator Hastings.
Hastings votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Hastings votes Yes. Senator -- Senator Sims. Senator Stewart. 48 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021
Stewart votes Yes.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Stewart votes Yes. 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 Senate Resolution 523, having received the required constitutional majority, is declared adopted. Now we're going to go to Senate Resolution 534, Senator Joyce. Mr. Secretary, please read the Senator's resolution.
Senate Resolution 534, offered by Senator Joyce.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Joyce, to explain your resolution.
Thank you, Mr. President. Senate Resolution 534 declares October 28th, 2021, as First Responders Day in Illinois. Specifically, thanking 911 dispatchers as well as firefighters, policemen, emergency medical technicians, and -- and paramedics for their commitment to Illinois' public safety.
PRESIDING OFFICER: (SENATOR KOEHLER) Thank you. The question is, shall Senate Resolution 534 pass. All those in favor will vote Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Mr. Secretary, please read Senate Resolution No. 545. Senator Murphy.
Senate Resolution 545, offered by Senator Murphy.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Murphy, to explain your resolution. 49 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021
Thank you, Mr. President. Mr. President, this just simply commemorates the month of -- October is Hindu Heritage Month. And I know of no opposition and would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR KOEHLER) The question is, shall Senate Resolution 545 pass. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Mr. Secretary, Resolutions.
Senate Resolutions 571 through 580, offered by President Harmon and all Members. And Senate Resolution 581, offered by Senator Villa and all Members. They are all celebration of life {sic} resolutions, Mr. President.
PRESIDING OFFICER: (SENATOR KOEHLER) Resolutions Consent Calendar. Mr. Secretary, Resolutions.
Senate Joint Resolution 35, offered by Senator Cunningham. (Secretary reads SJR 35)
PRESIDING OFFICER: (SENATOR KOEHLER) On the Order of Resolutions, is Senate Resolution Joint {sic} 35. Mr. Secretary, please read the resolution.
Senate Joint Resolution 35, offered by Senator Cunningham.
PRESIDING OFFICER: (SENATOR KOEHLER) Senator Cunningham. Senator Cunningham moves to suspend the rules for the purpose of immediate consideration of the adoption of Senate Joint Resolution 35. Those in favor will say Aye. Opposed, Nay. The Ayes have it, and the rules have been suspended. 50 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 63rd Legislative Day 10/20/2021 Senator Cunningham moves for the adoption of Senate -- Joint Resolution 35. All in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. We'll now proceed to the Order of Resolutions Consent Calendar. With leave of the Body, those resolutions read in today will be added to the Consent Calendar. Mr. Secretary, have there been any objections filed to any resolution on the Consent Calendar?
No objections filed, Mr. President.
PRESIDING OFFICER: (SENATOR KOEHLER) Is there any discussion? If not, the question is shall the resolutions on the Consent Calendar be adopted? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the motion carries and the resolutions are adopted. Just a reminder to everybody that the -- Redistricting Committee will meet now, at 2:15 instead of 2 o'clock. It will be both virtual and in person. Again, the Redistricting Committee both virtually and in person will meet at 2:15. There being no further business to come before the Senate, pursuant to Senate Joint Resolution 35, the Senate stands adjourned until noon on October 26th, 2021, or to the call of the Senate President. The Senate stands adjourned. 51