PRESIDING OFFICER: (SENATOR HOLMES) 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 Glowiak Hilton, please lead us in the Pledge.
(Pledge of Allegiance, led by Senator Glowiak Hilton)
PRESIDING OFFICER: (SENATOR HOLMES) WGEM requests permission to film in the Senate. Leave is granted. Blueroomstream requests permission for video stream. Leave is granted. WICS T.V. requests permission to photograph. Leave is granted. Mr. Secretary, Reading and Approval of the Journal.
Senate Journals of Wednesday, October 20th, 2021, and Tuesday, October 26th, 2021.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Hunter.
Madam President, I move to postpone the reading and approval of the Journals just read by the Secretary, pending arrival of the printed transcripts.
PRESIDING OFFICER: (SENATOR HOLMES) 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. 1 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021
Senate Resolution 600, offered by Senator Connor and all Members. It is a celebration of life resolution, Madam President.
PRESIDING OFFICER: (SENATOR HOLMES) Resolution Consent Calendar. Members please come to the Floor, we are going on and doing House Bills 3rd Reading. Please, all Members come to the Floor. Senator Hunter, for what purpose do you seek recognition?
Pursuant to Senate Rule 4-1(e). I move that Senators Aquino, Collins, Ellman, Stewart, Van Pelt be allowed to participate and vote remotely for today's Session.
PRESIDING OFFICER: (SENATOR HOLMES) Is there any discussion? If not, the question is, shall Senators Aquino, Collins, Ellman, Stewart and Van Pelt be allowed to participate and vote remotely for the October 27th, 2021, Session day pursuant to Senate 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, Collins, Ellman, Stewart and Van Pelt are allowed to participate and vote remotely for the October 27th, 2021, Session day. Ladies and Gentlemen of the Senate, we are going to House Bills 3rd Reading. Please be at your desks. This is final action. Please be at your desks. Starting with your printed Calendar near the top of page 5, we're going to House Bill 2791. Senator Peters seeks leave of the Body to return House Bill 2791 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 2791. Mr. Secretary, are there any Floor amendments approved for 2 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 consideration?
Floor Amendment No. 2, offered by Senator Peters.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Peters, on your amendment, please.
Yes, I'll address my amendment on 3rd. And ask to the adopt amendment.
PRESIDING OFFICER: (SENATOR HOLMES) 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 HOLMES) 3rd Reading. Mr. Secretary, read the bill.
House Bill 2791. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR HOLMES) Senator Peters.
Yes, House Bill 2791 is a bill to allow for the implementation of the RPSA that we passed in May and I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HOLMES) Is there any discussion? Senator Bryant, for what purpose do you seek recognition?
3 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 Thank you, Madam President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR HOLMES) Sponsor indicates he will yield.
Well, I think it's not necessarily a question. I'd like to make a statement, really, but directed to you. So, I'm probably going to vote Yes on this bill today. I'm happy to try to help us, all over the State, address gun violence. I'm happy to see that we're actually calling a bill that -- that has -- addresses these things and I hope that one of my other colleagues is going to speak on this as well, because we have a package of bills that we would like to add as an -- you know, amendments to a vehicle bill that we have kind of teed up, but needs to be released. I would hope, that because I think you're going to get some support over here on what's a pretty good idea, maybe you could advocate for us to get that vehicle bill released, so we can put those on there. There's still enough time to handle it and then maybe we can work on that as well. So, I've had fun working with you on a couple other things and of course having you in my own district. So, I'm going to support your bill today.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Rose, for what reason do you rise?
To the bill.
PRESIDING OFFICER: (SENATOR HOLMES) To the bill.
Ladies and Gentlemen of the Senate, and to Senator Peters. I stand in support of this bill because it’s the right thing to do. 4 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 This problem is not going to be solved by the police, or the pastors or the community. It's going to take all three of them combined. It's going to take all of them combined. If people would actually watch my press conference two weeks ago, you would’ve seen me say that. It was the first thing I said. It was, I ended with it. I said it multiple times. We're not going to solve this by putting everyone behind bars and we're not going to solve it by pretending that mental health isn't a problem in our jails and we're not going solve it by pretending that we don’t need to do better for our school kids. This is a component of that solution, but its only one component. I'm voting for this today. I talked to Amber Oberheim last night about this bill. She was here last week, the same day we had our conversation in the washroom, Senator. That day, Senator, Amber Oberheim who lost her husband in May to a multiple convicted felon as he responded to yet another domestic battery to protect a mother and her children and he died and my friend Jeff Creel got shot. She supports our bills but she supports yours too. And all I'm asking is instead, and you said last night to Senator Rezin's question, I shouldn’t have mentioned her name because now she'll get up and talk, but you said last night to Senator Rezin's question, your doors open, so is mine. It's been open. And I might say, also, many of the bills that I've filed have been filed for many, many, many years in this building, in this Chamber. So let's talk about yesterday in my town. Arraigned Monday and charged of being an armed habitual criminal, unlawful use of a weapon by a felon. Oh, wait a minute, he was out on parole for mandatory supervised release. For what? For being an armed habitual criminal with multiple prison sentences. How about the Carey -- Carey Pettigrew? 5 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 Mr. Pettigrew got thirty-one years for five aggravated batteries to a police officer. While he was in prison he got charged and convicted of bringing contraband/weapon into the prison. He threatened elected official, not elected official, I think it was the warden, I'm not sure who it is, but he threatened and intimidated officials within the prison and instead of still being in prison he got out in eighteen years of mandatory supervised release and within two months, allegedly, knocked off the Blue Star Convenience Store in Champaign and ten minutes later, allegedly, knocked off the Circle K and shot the clerk. Now we're going to pretend, for a minute, that we're going to address everything with one bill and that’s not the truth. It's not the truth. I am supporting your bill because it’s the right thing to do because it addresses one of the prongs, one of them. But to stick our head in the sands and pretend there isn’t actually evil on the streets, walking the streets, that’s a problem. I want to say two other things about a package we had. We included mental health treatment money for local county jails because every person in this building has heard from their local sheriffs that we have people who aren’t harmed -- armed habitual felons, who aren’t violent people, but have mental health issues and they're sitting in our jails which isn’t an appropriate place for them to be. It's not right for them, it's not right for the people around them. It puts everybody, frankly, at risk because they're in an inappropriate environment. We need to do better by that, that’s in our bill. Senator McClure's point, in our bill, about juvenile carjackers and the fact that they get automatic release. Would we want to have a shelter care hearing before we send them back out into the world, where you could put a judge and DCFS and wrap some 6 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 services around that kid at an age where you might just put them on the right path, instead of letting them turn into the Carey Pettigrew's of the world. Folks, this is the right thing to do when I said it two weeks ago and I meant it. I'm going to vote for the bill but I hope, I don’t hope, I expect that when we come back here that we're going to be addressing the other side of the equation is that there are violent people walking our streets on mandatory supervised release and that they can't keep doing that. I mean, respectfully, the people -- I just checked, the shootings in a restaurant, by the way I know Chicago's the shooting capital of America apparently, but in my little community of Champaign, Urbana, that Scott and I represent, and I live eight miles from, and my kid, my son works at the Menards all summer long right behind the fence line where Officer Creel and Officer Oberheim were shot and Oberheim was murdered. Okay, we've had a shooting every other day it seems like, and when I checked, except for one they're all mandatory supervised release, and the one was a juvenile that got pulled into it that had a previous record too. So, let's get serious about the violent criminals. I sat with a pastor in my town three weeks ago and wrote a personal check for my wife and I to support youth basketball, midnight basketball to help kids, to help the kids. We're going to get to the kids and this is going to help with that. But don’t for a minute think that somehow these armed habitual felons that are violent, violent, are walking our streets. So I'm going to vote for it. I look forward to walking through your door and having the conversation as you offered to Senator Rezin last night and I hope it's more productive than the one we had in the bathroom last week. Thank you. 7 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021
PRESIDING OFFICER: (SENATOR HOLMES) Senator Tracy, for what reason do you seek recognition?
Thank you, Madam President. Question of the sponsor, please.
PRESIDING OFFICER: (SENATOR HOLMES) Sponsor indicates he'll yield.
Senator Peters, in committee we had discussions with Secretary Hou and yourself about oversight of these programs. Could you give us a little of the details about how you perceive and expect the oversight of the grants to be?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Peters.
Yes, so being Office of Firearms Violence Prevention, which there's a director, that will oversee that on the DHS, as well as a combination of data and evidence and as the Secretary noted, she's willing to be as transparent as possible for this Body. And so, we want to make sure that when it comes to the evidence, when it comes to the Office of Firearms Violence Prevention, and when it comes to this -- to the Secretary, that there is transparency for this Body, particularly, in conversations as we move through the years.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Tracy.
Thank you for that, and like Senator Rose, I too support this piece of legislation. I agree it is the right thing to do. We must do all we can and this is, of course part of -- of however 8 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 many prongs it takes to get to the heart of the violence. In this bill there will be created the Lead Violence Prevention Conveners, and likewise, what my concern is in the past, we have handed out grants in neighborhoods and have seen that they were not used appropriately to go to what we're intending them to do. Can you give us assurance that that will take place? That the oversight and the proper use of these funds will take place?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Peters.
I can give you assurance that because we have the transparency built in with the Director of Firearm Violence Prevention that we would like to make sure this money, because you're right, in the past, you know, when we think about both on a bipartisan issue, we haven’t had this and we do now. And so now when you have that Office of Firearm Violence Prevention and you have somebody that you can talk to and the commitment to transparency, there's a commitment from accountability that will also come from us here in the legislative Body.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Tracy.
Thank you and I appreciate that and I appreciate the approach that we have and the -- Secretary Hou's participation in this program and her dedication to seeing that this program becomes a success, thank you.
PRESIDING OFFICER: (SENATOR HOLMES) I'm sorry, Senator Peters.
9 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 Can you repeat the question one more time? I apologize.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Tracy.
That’s alright it really wasn’t a question. I just said I appreciate Secretary Hou's commitment to this program and I think together it will be a success, thank you.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Fowler, for what purpose do you rise?
Thank you, Madam President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HOLMES) Sponsor indicates he'll yield.
Thank you. Senator Peters, I appreciate your work on this legislation. I do have one question. And my question is, why populations of under 35,000 population were -- are excluded from this bill.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Peters.
So the thing is, we wanted to make sure that we targeted places where we see the high rates of violence, as much as possible. What I said in committee and I'll say here now, is that if you all want to work in the budget process to expand this to every corner of the State, as you can tell, I'm an advocate for this, I would love to. So as we get to that budget conversation to be able to expand it, that would be fantastic, but this is the foundation, the start of something to deal with this crisis of 10 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 public safety that every one of you are talking about and I’m hearing from so many of your colleagues. So, I understand that concern and I think it would be great, as this gets lifted off the ground, that we can go back to that, particularly, in this budget conversation.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Fowler.
President to the bill, please.
PRESIDING OFFICER: (SENATOR HOLMES) To the bill.
I do rise in support of this legislation. I do appreciate your work on this, unfortunately, this, you know, this particular legislation doesn’t help my district, you know, at all. But however I do feel it is a step in the right direction. I think there's some flaws with it, honestly, and as you alluded to, there's work to be done and you're willing to -- to put that work forward. So, you know, as we -- as we know we lost another -- lost another officer yesterday. So, we have a lot of work to do. We feel like we have as -- as one of my colleagues mentioned, we have a lot of legislation, reform legislation, that we're proposing that we feel like will be great legislation to provide the resources and help that our law enforcement and our communities need to -- to take a hold of this State of Illinois and stop this violence that seems to be exploding, as we all know. So I -- I - - I do, even though I have issues, I do rise in support of the bill. I appreciate your work on this. It is a step, and we just ask that we all continue to work together as one Chamber here, 11 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 both sides of the aisle, to get this right and I look forward to the spring legislation where we can do that. Thank you so much, Madam Chairman.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Rezin, for what purpose do seek recognition?
Thank you, Madam President. Question for the sponsor, please.
PRESIDING OFFICER: (SENATOR HOLMES) Sponsor indicates he'll yield.
Thank you. Senator, yesterday in committee, I had asked you about a bill, a program actually, that was passed just a couple of years ago by your colleague, Senator Van Pelt. And her bill is very similar to yours where she asks for investment and hot spots around -- hot spots of violence around the State, and we as the Women Caucus -- Senate Women Caucus actually, because she reached out to us and explained her bill. We're very happy to support this bill because we agree that we need to start targeting the concentration of violence or the violence hot spots around the State. But, again, my concern at that time is the same concern that we have here. Sounds great when we're talking on the Senate Floor. Great for a press pop, right, for one day. But we never see the end result of the program that you're purposing. I'm happy to support it and I -- I agree with you. So, I mean we're going to support your bill. But what we're missing here is the follow up, whether it's in a month, in two months, or three months, or like with the Senator's previous bill, what was the outcome from that? I mean how much money was spent? Where was it spent? Did it truly do what it was set out to do? We talk about transparency 12 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 and accountability, often times in our bills, but at the end of the day, we never follow up as a Body. Yet two years later we have the same problem and we propose another program. So, I am happy. Thank you for bringing this, happy to support it, but as my colleagues said, this is just a piece of a much larger picture. You know, we can sit and talk about like this is going to be the answer to what we're seeing in the increased violence around the State. We support increase funding, always have, for mental health. We're big advocates for mental health courts. They're many people that should not be in prison. They should be going and -- through the mental health courts. But, there are some people that are just bad, violent, repetitive offenders and the laws that were recently passed have allowed them to go back out on the street and those offenders that we're talking about, are the same people that we feel we would be able to help with our set of criminal bills, criminal justice bills, fund the police bills that my colleague proposed this year, but it's not just this year he's proposed some five years in a row. So, you know, I appreciate in your editorial where you say Republicans are late to the game. We're not late to the game, we can't get our bills called. We're happy to sit down and have a discussion if it’s a two-way discussion and not just, oh, you know, we're listening to you but we're going to continue. So again, I rise in support of the bill. I do believe that the sponsor is truly, just like our Senator Van Pelt, truly believes in their bill and we're happy to support it. But this is a very small piece of a much larger conversation that we need to have, and it needs to be with the Members on our side as well. So thank you.
PRESIDING OFFICER: (SENATOR HOLMES) 13 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 Senator Syverson, for what purpose do you rise?
Thank you, Madam President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR HOLMES) Sponsor indicates he'll yield.
Thank you, Senator, couple things. We've talked about this yesterday, but first let's talk with the funding of this. This is going to be, this year paid for with ARPA funds. And I guess the question is, knowing that we're spending so many ARPA dollars into baseline spending, knowing that the cliff we're going to be heading into next year, how do you envision or where are the funds going to come from for to continue this program next year when those ARPA dollars are gone?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Peters.
As I said in committee, we have a public safety crisis and as you've all noted we've got to do what we can to deal with long standing systemic issues when it comes to public safety. And so, we're looking at ARPA dollars. And I'm excited to have a conversation, over the years, when it comes to other budget, other fiscal means to stand up this program. But to think of this as the foundation, the start of something we're building. I think I said in committee and made Senator Tracy laugh when I said something beautiful that we're building and I am grateful that so many of the colleagues on the other side are going to support something that is so beautiful that we're building.
PRESIDING OFFICER: (SENATOR HOLMES) 14 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 Senator Syverson.
You'd mentioned a start, but you know actually, we have hundreds of violence prevention programs going on, right now, across the State of Illinois. We have CEJA and is there any coordination, have we ever, of all the programs that are already out there running, have we asked for outcomes for any of those programs? Are we going to be folding those programs into this? Are we going to be eliminating some programs that clearly aren’t working, we can see that by the results, but I guess my concern is we're adding one more program on top of the hundreds of others that we have both from the State and from local governments? I'm not even sure if we have a list, is there even a list available of all the violence prevention programs that we have in Illinois?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Peters.
That’s a multipart question, but let me go through them step by step for ya. So, an Office of Firearm Violence Prevention, the reason why we're creating this as in the bill, is to essentially help coordinate that violence prevention program. That is the reason why we're creating it because we want to make sure that we have some coordination here when it comes to violence prevention. So, that’s number one. Number two, the list is in the budget that we pass every year and that -- that is a place for you to look at. And then the third one is, if you have concerns with that, those are conversations from the budget conversation as well as the Office of Firearm Violence Prevention. Which goes back to the earlier question that we had earlier, you know, at the beginning 15 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 of this debate, which is, we want to make sure there's some transparency and accountability because the thing about this program that makes it great is that we're trying to build out an evidence, data driven model, as well as an office that convenes different, you know, routes in terms of violence prevention. So this is -- what makes this transformative, and I think I also want to answer Senator Rezin's question that I wasn’t able to answer before, the previous bill that was there did not have any appropriations to it, and it did not have guidelines particularly again, I repeat, the Office of Firearm Violence Prevention.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Syverson.
So, I guess, I just want to make sure if we have a commitment that this office, your saying, is going to review and look at all the other programs that are out there to make sure that: one, we're not duplicating, number two, that we're seeing if there's any actual outcomes from the programs that we're already doing and that this office doesn’t do things that may already being done. So, that’s the commitment that we're going have a report back here next year at this point, a year from now, that all these things have been done, so we can be assured that -- that we've looked at all the hundreds of programs across the State and that we've coordinated those and weeded out those programs that aren't working.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Peters.
I don’t think I expressed any of those words in terms of a 16 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 commitment. I said there would be an Office of Firearm Violence Prevention whose job is to oversee and look violence prevention and it comes to funding and programing. All that other stuff, I think are important questions that you can ask in the name of transparency, as the legislative Body, when we're talking to the executive branch.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Syverson.
Thank you. I -- I appreciate that. Again, I'm hopeful, it's frustrating all my years here we've have passed so many of these measures and then we come back a year later and nothing happens. So, I hope this agency is going to review all these other programs and come back with an answer, but obviously the most important thing is dealing with what Senator Chapin talked about. Until we get these bad apples off the streets and these gang members, these drug dealers, these influencers that are creating this problem, until we get them off the street, anything we do is gonna be certainly much more difficult. So, I appreciate your -- your passion on this, and I -- I hope and pray that this is going to be a step to trying to coordinate some of these programs. Thank you.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Hunter, for what purpose do you seek recognition.
To the bill, Madam President.
PRESIDING OFFICER: (SENATOR HOLMES) To the bill.
Thank you. I'd like this to -- I'd like to -- to thank the 17 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 sponsor of this piece of legislation. I stand in very strong support of it. I've been talking about gun violence and violence prevention for many, many years. As you all know, I lost two nephews at the same time, because of violence in guns, gun violence and all those shootings that are going on, on the south side and we've been trying to get all kinds of funding and programs in place. You know, and I think this is the -- this is the first step in the right direction, Senator Peters. And I really appreciate it. We are not -- I've been telling community people, you know, they keep saying well, you legislators down in Springfield, you all aren’t doing anything, you're not doing this, you're not doing that, and I keep trying to tell them that this is collaborative partnership kind of thing. It requires law enforcement, community, ministers, legislators and everybody else to come together to put together a strategic plan to address this issue. It's not only on me. I don’t have any children. The parents have a major role to play in this -- in this process. This is generational violence. It's not only one individual. This stuff been going on for forty and fifty years. It's just spread throughout the State and now you all are feeling it, but we been feeling it on the south and west sides for a long time. So Senator, thank you very much. And whatever I can do to help, let me know.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Peters, would you like to close?
I would. Thank you, Madam President. I want to thank everybody here for supporting this bill. What we know is that we have a crisis when it comes to public safety. It's something that I feel in my district every day. Two kids at Simeon High School 18 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 were shot and killed. My friend and my neighbor had a gun put to his head over a carjacking. This isn’t something that’s conjecture or theory. It’s a reality that happens in my district for years. And particularly, I wish there was this type of zealous attitude when we had a budget impasse that hurt so many people in my community. A budget impasse that caused people to lose services. To lose mental health services. To lose housing. To lose the things that they need. I also would like to say that, of course, we need a multiprong effort. We want to make sure people are caught when such pain happens. It's important that people are caught. So I -- I ask for an Aye vote. I'm excited about this program. I'm sick and tired that no matter what zip code you live in in this State that you have fear and pain. And may we start, you know, stemming and stopping that pain and move to a path in a place where people don’t have nearly as much trauma and they can live a good life.
PRESIDING OFFICER: (SENATOR HOLMES) As this bill has an immediate effective date, this bill will require a three-fifths vote, which is thirty-six votes. The question is, shall House Bill 2791 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Senator Aquino.
Aquino votes Yes.
PRESIDING OFFICER: (SENATOR HOLMES) Aquino votes Yes. Senator Collins. Senator Collins.
Collins votes Yes.
PRESIDING OFFICER: (SENATOR HOLMES) 19 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 Collins votes Yes. Senator Stewart.
Stewart votes Yes.
PRESIDING OFFICER: (SENATOR HOLMES) Stewart votes Yes. Senator Ellman. Senator Van Pelt. Have all voted who wish? Take the record. On that question, there are 52 voting Aye. 0 voting Nay. 0 voting Present. House Bill 2791, having received the required constitutional majority, is declared passed. Senator McConchie, for what purpose do you seek recognition. SENATOR McCONCHIE: Point of personal privilege, Madam President.
PRESIDING OFFICER: (SENATOR HOLMES) State your point. SENATOR McCONCHIE: Thank you, Madam President. For those of you in the Chambers some of you may have noticed some flowers that are sitting over here on one of our colleagues' desks and it's just a distinct privilege to be able to wish Senator Rezin a happy 29th birthday and thank her for her long leadership on the various issues in this Chamber. Been in here for over about ten years now, I think it is ten years now. So, I just want to encourage everyone today as you see Senator Rezin to wish her a happy birthday, as well.
PRESIDING OFFICER: (SENATOR HOLMES) Happy -- happy birthday, Senator Rezin. With leave of the Body we're going to go to page 4, near the end of the page. We're going to go to House Bill 2431. Senator Koehler seeks leave of the Body to return House Bill 2431 to the Order of 2nd Reading, leave is granted. On the Order of 2nd Reading is House Bill 2431. 20 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Koehler.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Koehler to your amendment.
Thank you, Madam President. I'd like to move the adoption and I'll discuss it on 3rd.
PRESIDING OFFICER: (SENATOR HOLMES) 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 HOLMES) 3rd Reading. House Bill 2431, Senator Koehler. Oh, Mr. Secretary, read the bill.
House Bill 2431. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Koehler.
Thank you, Madam President, and Members of the Senate. It should come to no -- no surprise to anyone that we have a crisis in -- with our ambulance services in some parts of this State. This bill requires IDPH to adopt rules to allow EMS personnel, who 21 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 have been certified by the National Registry of Emergency Medical Technicians, to operate on a provisional status provided that they have applied for licensure and have met all licensure requirements, and this will go until October 1, of 2022. This is a -- a bill that really helps to address the issue within private ambulance companies. It doesn’t affect the public sector, but a - I'd appreciate we had a good discussion in committee on this the other day. I'd -- I'd be happy to answer any questions and I just ask for your support.
PRESIDING OFFICER: (SENATOR HOLMES) Is there any discussion? Senator Koehler to close.
Just ask you for your support. Thank you.
PRESIDING OFFICER: (SENATOR HOLMES) The question is, shall House Bill 2431 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Senator Aquino.
Aquino votes Aye.
PRESIDING OFFICER: (SENATOR HOLMES) Aquino votes Aye. Senator Collins.
Collins votes Aye.
PRESIDING OFFICER: (SENATOR HOLMES) Collins votes Aye. Senator Stewart.
Stewart votes Yes.
PRESIDING OFFICER: (SENATOR HOLMES) Stewart votes Aye. Senator Ellman. Senator Van Pelt. 22 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021
Van Pelt votes Yes.
PRESIDING OFFICER: (SENATOR HOLMES) Van Pelt votes Yes. Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 Ayes, 0 Nays, and 0 voting Present. House Bill 2431, having received the required constitutional majority, is declared passed. Senator Pacione-Zayas, for what purpose do you seek recognition?
Point of personal privilege Madam President, thank you.
PRESIDING OFFICER: (SENATOR HOLMES) State your point.
I rise to acknowledge the University of Illinois Hispanic Center of Excellence. We have a group of students accompanied with the faculty and Director and a parent liaison joining us in the Capitol and I want to acknowledge that they're celebrating their 30th Anniversary this year, in 2021. And, essentially this Hispanic Center of Excellence has served the Latino community. It has helped the University of Illinois - College of Medicine produce the largest number of admitted and graduated Latino physicians in the country. Its goal is to eliminate disparities in accessing quality of medical care for Latinos in Illinois. And the evidence shows that when we have medical providers that are culturally and linguistically responsive, the care and the level of quality increases and the life outcomes can improve. And so, I rise along with the Members of the Senate Latino Caucus to acknowledge and celebrate the thirty years of service and the fourteen hundred high school, college, medical students, and residents, and 23 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 faculty, and local area physicians, and parents, who have benefited from this program. Thank you.
PRESIDING OFFICER: (SENATOR HOLMES) Thank you and we wish them a very happy congratulations. Senator Hastings for what purpose do you seek recognition?
Thank you, Madam President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR HOLMES) State your point.
I want to - I rise to congratulate Mr. Rocky Donahue for forty years of service to the base -- the Pace Suburban Bus System. Rocky started in 1984 at the agency's inception. He acquired additional responsibilities over multidecades-long career and in 2018 he became the agency's Executive Director. He continuously strove to improve access to transportation for Illinoisans with disabilities, working with lawmakers to make Pace the sole provider of ADA Paratransit service to all of Northeastern Illinois, and working with the disability community to implement continuous improvements to the agency's ADA Paratransit service, technology, and infrastructure. He's advocated tirelessly for Pace riders to receive sufficient funding for the service they rely on. He's created a dedicated full-funding source, not only for ADA Paratransit, but a whole bunch of other transit services throughout the south suburbs. He served in numerous capacities outside of Pace as well as the Chairman of the Board of Illinois State University. He is a tireless, selfless servant for the State of Illinois and after forty years he's finally going to retire. I asked him what he was going to do and he says he's just going to 24 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 enjoy life. I was hoping that the Senate could congratulate, Rocky Donahue on his retirement, Madam President. And thank you very much for your time.
PRESIDING OFFICER: (SENATOR HOLMES) Thank you, Rocky for your years of service. With leave of the Body we're going to go the top of page 5 and look at House Bill 2778. Senator Belt seeks leave of the Body to return House Bill 2778 to the Order of 2nd Reading, leave is granted. On the Order of 2nd Reading is House Bill 2778. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Belt.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Belt to your amendment.
Thank you. Madam President, I'd like to adopt Amendment No. 2 and explain on three.
PRESIDING OFFICER: (SENATOR HOLMES) 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?
Floor Amendment No. 3, offered by Senator Belt.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Belt to your amendment.
Madam President, I would like to adopt Amendment No. 3 and explain on 3rd Reading.
PRESIDING OFFICER: (SENATOR HOLMES) 25 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HOLMES) 3rd Reading. Now on the Order of 3rd Reading is House Bill 2778. Senator, do you wish to proceed?
Yes, I do.
PRESIDING OFFICER: (SENATOR HOLMES) Mr. Secretary, read the bill.
House Bill 2778. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Belt.
Thank you, Madam President. House Bill 2778 does the following: it requires all school districts, community colleges and public universities to provide employees as many days of administrative leave as required to abide by all public health guidance, mandates and requirements issued by DPH when they are to be excluded from school property. Number two, it requires all school districts, community colleges and public universities to provide an employee who is needed to care for a child of theirs, if the child is unable to attend elementary or secondary school because the child must be isolated or quarantined from other. And 26 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 third, to pay the regular rate of pay and benefits rendered for any school closure or e-learning remote day, if the closure precludes them from performing their regularly scheduled duties and the employee would have reported for work, but for the closure to the following employee groups: custodial, transportation, food service providers, classroom assistants, and administrative staff. The -- I would also like to go over the duration of this legislation. The trigger points whenever the Governor has declared a disaster declaration due to a public health emergency pursuant to Section 7 of the IEMA Act. Next, I would like to go over the eligibility requirements. For those who participate in -- or fall under this legislation, you would have to have received the recommended dose of COVID-19 vaccinate -- vaccine approved by the United States Food and Drug Administration, or you would have to actively participate in COVID-19 testing program provided by the school district at least once a week. I think it would -- should be noted that these days cannot be accrued, these administrative leave days cannot be accrued. And finally, it is just a way to protect our teachers and support staff as they go back to in person learning. Madam President, I will yield the Floor and take whatever questions.
PRESIDING OFFICER: (SENATOR HOLMES) Is there any discussion? Senator Bryant for what propose do you seek recognition?
Thank you, Madam President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HOLMES) Sponsor indicates he'll yield.
27 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 Thank you. Senator you did an outstanding job of describing your bill. I -- and I think you've already answered these, but I just want to ask them one more time. It’s a little difficult to hear over here. You did say that there's a requirement that anyone -- for anyone to qualify for this, they have to be tested or vaccinated. Is that correct?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Belt.
That is correct.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Bryant.
Thank you. And I didn’t hear is there a sunset debt -- date for this? And if so, what is it, please?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Belt.
Senator Bryant, it -- it is whenever the Governor, the trigger point is what we're under now, a declaration -- emergency declaration and as soon as we're -- the Governor stops the emergency declaration this goes away.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Bryant.
So this emergency declaration that we're under right now, so, if he created a different emergency order, it wouldn’t matter because it's this one that we're under, right? I mean he -- we know that he continues to extend it, but it’s the one that we're 28 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 in right now?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Belt.
Senator Bryant, as long as it's under the same statute, it can continue on subsequent ones. Yes.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Bryant.
Thank you for your answers.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Rezin for what purpose do you rise?
Thank you, Madam -- thank you, Madam President. Question for the sponsor, please.
PRESIDING OFFICER: (SENATOR HOLMES) Sponsor indicates he'll yield.
Thank you. Senator, can you tell me -- we have some, you know, questions and concerns from our superintendents regarding potential impact. Obviously, they're trying to balance their budgets with everything going on with all of the COVID related expenses. Can you tell me what the financial impact would be and/ or how -- how would they be reimbursed for this expense?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Belt.
Senator Rezin, great question. From my understanding of the legislation, the school funding they receive, right now, in -- in 29 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 addition to the ARPA money in the form of ESSER funds that -- that have been disseminated to the local school districts, they could use those funds, as well. Those funds are eligible to be used in this.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Rezin.
Thank you, Senator. So, it's fair to say that the ARPA funds available for school district -- this is an expense that would be reimbursable under ARPA funds. To the bill, please.
PRESIDING OFFICER: (SENATOR HOLMES) To the bill.
Thank you. Thank you, Senator, for this bill. You know, I do believe that the questions and concerns that our schools have about the implementation, the cost of this, how long will the program go on, are valid questions. But to the Senator's point, he has answered our questions. This is a program that will not go on forever, and the federal monies specifically allocated for the State of Illinois are to go to COVID related expenses. And we all know, in this past year, we have seen teachers really step up to the plate. Many of my friends are teachers and I hear their stories each and every day about going from teaching in the class to then going to remote because of exposure, back into going into the class but teaching hybrid. I mean, they have just gone above and beyond what we could’ve ever imagined for teachers during this pandemic. I do believe that this bill is, you know, something that we should be offering up for the staff, for the teachers and the schools. They cannot control if they've been exposed. They cannot 30 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 control if they have to go home and isolate for 14 days or whatever it is. They should not have to use their -- their sick days for this. So, I stand and I rise in support of this bill and thank the sponsor for bringing this bill to the Senate.
PRESIDING OFFICER: (SENATOR HOLMES) Seeing no further discussion. Senator Belt, would you like to close?
Thank you, again, Madam President. This past weekend, my family and I we -- we had the opportunity to watch the newest installment of the Halloween franchise, "Halloween Kills". And it occurred to me while watching the -- the movie that in forty years of -- of -- of destruction, the physical -- the fictional character of Michael Meyers doesn’t hold a candle to the mayhem, destruction and carnage caused by COVID-19 in two years. And yet, we require our teachers and support staff to go in person -- to go back in person to teach, to do their jobs and encounter their students and quite possibly encounter COVID. We require this because we know in person learning is optimal, it's paramount. You know there's a saying that goes that everyone who remembers their education remembers a teacher. The teacher is the heart of the education system and with that being said, we require them to go into a hazardous situation day in and day out. As I take a cursory glance around this Chamber, there is not one person that have -- has not been affected positively by a teacher, a coach, a professor. Someone in the education system has touched their lives. And in the short time that I've been a legislator, I've taken tough votes. But for me, this ain't one, or shall I say this is not one, just in case I have some teachers watching. Ladies and Gentleman, I 31 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 would require -- I would ask for all Aye votes on this legislation. Thank you, Madam President.
PRESIDING OFFICER: (SENATOR HOLMES) As this bill has an immediate effective date, this bill requires a three-fifths vote. That will be 36 votes, and the question is, shall House Bill 2778 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Senator Aquino.
Aquino votes Yes.
PRESIDING OFFICER: (SENATOR HOLMES) Aquino votes Yes. Senator Collins.
Collins votes Yes.
PRESIDING OFFICER: (SENATOR HOLMES) Collins votes Yes. Senator Stewart. Senator Ellman.
Madam President, thank you. Ellman votes Yes.
PRESIDING OFFICER: (SENATOR HOLMES) Ellman votes Yes. Senator Van Pelt.
Van Pelt votes Yes.
PRESIDING OFFICER: (SENATOR HOLMES) Van Pelt votes Yes. Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 Ayes, 1 voting Nay, and 0 voting Present. House Bill 2778 having received the required constitutional majority, is declared passed. Mr. Secretary, Resolutions.
32 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 Senate Resolution 601, offered by Senator McClure and all Members. And Senate Resolution 602, offered by Senator Muñoz and all Members. They are both celebration of life resolutions, Madam President.
PRESIDING OFFICER: (SENATOR HOLMES) Resolutions Consent Calendar. Would the Committee on Assignments, please come to the Anteroom? Committee on Assignments. Senator Bennett, for what purpose do you seek recognition?
Thank you, Madam President. I move to waive all notice and posting requirements so that Senate Resolution 581 and Senate Resolution 593 can be heard at the 1:15 -- at 1:15, today, in the Senate State Government Committee, which does not feature Senator Suzy Glowiak Hilton.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Bennett, moves to waive all notice and posting requirements so that Senate Resolution 581 and Senate Resolution 593 can be heard at 1:15 today in the Senate State Government Committee. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and all notice and posting requirements have been waived. Mr. Secretary, Resolutions.
Senate Resolution 603, offered by Senator Koehler and all Members. It is a celebration of life resolution, Madam President.
PRESIDING OFFICER: (SENATOR HOLMES) Resolution Consent Calendar. Mr. Secretary, Committee 33 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 Reports.
Senator Lightford, Chair of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to Executive Committee - Motion to Concur with House Amendment 2 to Senate Bill 1040, Floor Amendment 2 to House Bill 3136, Floor Amendment 1 to House Bill 3293, Floor Amendment 2 to House Bill 3490, Floor Amendment 6 to House Bill 3666; Refer to State Government Committee - Floor Amendment 2 to House Bill 3416. Be Approved for Consideration -Floor Amendment 2 to House Bill 106. Signed, Senator Kimberly A Lightford, Chair.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Hunter, for what purpose do you seek recognition?
Madam President, the Senate Democrats will caucus virtually for approximately one hour at 12:15.
PRESIDING OFFICER: (SENATOR HOLMES) Senator McClure, for what purpose do you rise? SENATOR McCLURE: An announcement.
PRESIDING OFFICER: (SENATOR HOLMES) State your announcement. SENATOR McCLURE: Madam President, the Senate Republicans are going to caucus for the exact same amount of time in Leader McConchie's Office.
PRESIDING OFFICER: (SENATOR HOLMES) Committees will be meeting this afternoon. Executive Committee will be meeting at 1:15 in Room 212 and also virtually, 34 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 State Government will be meeting at 1:15 in Room 409 and also virtually. Recess until the call of the Chair. Members please go to your individual caucuses and then to committees at 1:15. Senate stands in recess till the call of the Chair. (Senate Stands in Recess/Reconvenes)
PRESIDING OFFICER: (SENATOR HOLMES) The Senate will come to order. Mr. Secretary Resolutions.
Senate Resolutions 604 through 608, offered by President Harmon and all Members. They are all celebration of life resolutions, Madam President.
PRESIDING OFFICER: (SENATOR HOLMES) Resolution Consent Calendar. Introduction of Senate Bills.
Senate Bill 2951, offered by Senator Hunter. (Secretary reads title of bill) Senate Bill 2952, offered by Senator Van Pelt. (Secretary reads title of bill) 1st Reading of the bills.
PRESIDING OFFICER: (SENATOR HOLMES) Committee Reports.
Senator Landek, Chair of the Committee on State Government; reports Senate Resolutions 581 and 593 Be Adopted. Senate Amendment 2 to House Bill 3416 Recommend Do Adopt. Senator Castro, Chair of the Committee on Executive; reports Senate Bill 302 Do Pass, as Amended. Motion to Concur with House 35 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 Amendment 2 to Senate Bill 1040 and Senate Amendment 2 to House Bill 3136, Senate Amendment 1 to House Bill 3293, Senate Amendment 2 to House Bill 3490, and Senate Amendment 6 to House Bill 3666 Recommend Do Adopt.
PRESIDING OFFICER: (SENATOR HOLMES) 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 1784. Together with the following amendments which are attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendments 1 and 2 to Senate Bill 1784. Passed the House, as amended, October 27, 2021. John W. Hollman, Clerk of the House.
PRESIDING OFFICER: (SENATOR HOLMES) Would all Senate Members please come to the Floor? We're going to be going to final action, would all Senators please come to the Floor. Senator Fine, for what purpose do you seek recognition?
Thank you, Madam President. Point of personal privilege, please.
PRESIDING OFFICER: (SENATOR HOLMES) State your point, Senator.
36 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 Thank you. Today marks a chilling anniversary. It has been three years since the worst anti-Semitic attack in American history. It was on this day, in 2018, that eleven worshipers were murdered and two more were injured at the Tree of Life Synagogue in Squirrel Hill, Pennsylvania, right outside of Pittsburgh. The victims were mothers, fathers, grandparents and siblings. The innocent victims were at the Temple for a celebration when a gunman came in and started shooting. Assault, harassment and vandalism against Jews remain at near historic levels throughout the United States. According to the Anti-Defamation League's most recent audit of anti-Semitic incidents in the United States, they found last year alone, there were a total of two thousand twenty-four incidents of assault, harassment and vandalism reported to ADL. Last year saw the third highest number of reported incidents against American Jews since ADL started tracking the data in 1979. Please stand with me against anti-Semitism and to remember the lives lost to this senseless tragedy three years ago.
PRESIDING OFFICER: (SENATOR HOLMES) Would the Members please stand for a moment of silence? (Moment of silence observed) We're going to start on page 5 of the printed Calendar about halfway down with House Bill 3416. Senator Joyce seeks leave of the Body to return House Bill 3416 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 3416. Mr. Secretary, are there any Floor amendments approved for consideration?
Yes. Floor Amendment 2, offered by Senator Joyce.
PRESIDING OFFICER: (SENATOR HOLMES) Senator, would you like to explain your amendment? 37 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021
Yes, I'd like to adopt the amendment and explain it on 3rd.
PRESIDING OFFICER: (SENATOR HOLMES) All those in favor will say Aye. Opposed, Nay. Are there further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HOLMES) 3rd Reading. House Bill 3416, Senator Joyce. Would you like to explain your bill?
Thank you, Madam President. House Bill 3416 with Senate Floor Amendment No. 2 permits the Illinois Department of Agriculture…
PRESIDING OFFICER: (SENATOR HOLMES) Excuse me Senator, can I interrupt you? I did not have the Secretary read the bill. Mr. Secretary, please read the bill.
House Bill 3416. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HOLMES) Now that we gave you time to practice, Senator Joyce, would you like to begin again?
Thank you, Madam President. House Bill 3416 permits the Illinois Department of Agriculture to file a hemp production plan with the United States Department of Agriculture consistent with the Agriculture Improvement Act of 2018, The Farm Bill. The rules regarding hemp production plans were not finalized until this last 38 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 summer from the USDA. The hemp production plan allows the ongoing cultivation and production of industrial hemp in the State of Illinois after January 1 of 2022, when USDA hemp production rules go into effect. I ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR HOLMES) Is there any discussion? Seeing none. Senator would you like to close?
Ask for a favorable roll call.
PRESIDING OFFICER: (SENATOR HOLMES) The question is, shall House Bill 3416 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Senator Aquino.
Aquino votes Aye.
PRESIDING OFFICER: (SENATOR HOLMES) Aquino votes Aye. Senator Collins.
Collins votes Aye.
PRESIDING OFFICER: (SENATOR HOLMES) Collins votes Aye. Senator Ellman.
Ellman votes Aye.
PRESIDING OFFICER: (SENATOR HOLMES) Ellman votes Aye. Senator Stewart.
Stewart votes Yes.
PRESIDING OFFICER: (SENATOR HOLMES) Stewart votes Aye. 39 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021
PRESIDING OFFICER: (SENATOR HOLMES) Senator Van Pelt.
Yes.
PRESIDING OFFICER: (SENATOR HOLMES) Van Pelt votes Aye. Have all voted who wish? Take the record. On that question, there are 58 Ayes, 0 Nays and 0 voting Present. The amendment… House Bill 3416, having received the required constitutional majority, is declared passed. Still on page 5 of the printed Calendar, we are going to House Bill 3490. Senator Hunter -- Senator Hunter -- Senator Hunter seeks leave of the Body to return House Bill 3490 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 3490. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Hunter.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Hunter, to your amendment.
I wish to move to three and I'll explain it on three, please.
PRESIDING OFFICER: (SENATOR HOLMES) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HOLMES) 3rd Reading. Mr. Secretary, read the bill. 40 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021
House Bill 3490. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Hunter to your bill.
Thank you very much, Madam President. House Bill 3490 requires restaurants, in reference to children's meals, to provide dairy milk with the specific calorie amount. Allows the beverage -- the beverages displayed on in store's advertisements to -- to be included as a default beverage option and clarifies who has the authority to charge and collect on civil penalties. This bill is identical to Senate Bill 1846 that we all passed, this General Assembly, 102nd, and the authority to charge and collect on civil penalties. The changes are, moves from local public health department director to an executive officer as certified local -- as a certified local public health department. And I'm open for any kind of questions -- any questions. There are any?
PRESIDING OFFICER: (SENATOR HOLMES) Is there any discussion? Senator Tracy for what purpose do you seek recognition?
Thank you, Madam President. Questions of the sponsor.
PRESIDING OFFICER: (SENATOR HOLMES) Sponsor indicates she'll yield. Senator Tracy.
Do you do you have any of those chocolate milk samples brought here today? 41 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021
I am so sorry, Senator. Had I known you wanted some, I would have -- I would not have drank them all.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Tracy.
Since Senator Oberweis is no longer here. I thought I should ask that in his place and I'm also wondering if Senator Oberweis' chocolate milk had more than 130 calories.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Hunter.
I doubt it, since he's not here.
PRESIDING OFFICER: (SENATOR HOLMES) Is there any further discussion? Seeing none, the question is, shall House Bill 3490 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Who all voted -- have all voted who wish? Senator Aquino.
Senator Aquino votes Aye.
PRESIDING OFFICER: (SENATOR HOLMES) Aquino votes Aye. Senator Collins.
Collins votes Yes.
PRESIDING OFFICER: (SENATOR HOLMES) Collins votes Aye. Senator Ellman.
Ellman votes Yes.
PRESIDING OFFICER: (SENATOR HOLMES) 42 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 Ellman votes Aye. Senator Stewart.
Stewart votes Yes.
PRESIDING OFFICER: (SENATOR HOLMES) Stewart votes Aye. Senator Van Pelt.
Yes.
PRESIDING OFFICER: (SENATOR HOLMES) Van Pelt votes Aye. Have all voted who wish? Take the record. On that question, there are 58 Ayes, 0 Nays, and 0 voting Present. House Bill 3490, having received the required constitutional majority, is declared passed. At the bottom of page 5 on your printed Calendar, we have House Bill 3666. Senator Hastings seeks leave of the Body to return House Bill 3666 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 3666. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Hastings.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Hastings to your amendment.
I'd like to withdraw Floor Amendment No. 1. And for efficiency purposes, Madam President, I would like to withdraw Floor Amendments 1 through 5 and okay -- okay.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Hastings withdraws Amendment No. 1. Mr. Secretary, are there any further amendments?
43 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 Floor Amendment No. 6, offered by Senator Hastings.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Hastings to Floor Amendment No. 6.
Madam President, I'd like to adopt Floor Amendment No. 6 and I'll explain it on 3rd Reading.
PRESIDING OFFICER: (SENATOR HOLMES) 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?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HOLMES) 3rd Reading. Back to House Bill 3666, Senator Hastings, do you wish to proceed? He does. Mr. Secretary read the Bill.
House Bill 3666. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Hastings.
Thank you, Madam President. This bill is a technical trailer to the Climate and Equitable Jobs Act. It does the following: it reverses a change that was made to the diversity reporting requirements for wind and solar developers. It amends the Prevailing Wage Act to ensure the Department of Labor is able to enforce the newly established prevailing wage requirements for renewable projects and electrical vehicle charging. And it amends 44 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 the High Impact Business statute to include cross references where missing and require High Impact Business Construction Jobs Projects to keep records of workers' race and gender.
PRESIDING OFFICER: (SENATOR HOLMES) Excuse me. Senator Hastings, people are having a difficult time hearing you. Can I have you speak a little closer to the mic?
Sure, no problem. This bill reverses a change that was made to diversity reporting requirements for solar and wind developers. It amends the Prevailing Wage Act to ensure the Department of Labor is able to enforce the newly established prevailing wage requirements for renewable projects and electric vehicle charging. And it amends the High Impact Business statute to cross reference where missing -- where missing and require High Impact Business Construction Job Projects to keep record of workers' race and gender. I want to say that there's no opponents to this bill and I want to say thank you very much to Senator Harris for bringing these technical errors and corrections to our attention. Thank you, Madam President.
PRESIDING OFFICER: (SENATOR HOLMES) Is there any discussion? Senator Barickman for what purpose do you rise.
To the sponsor.
PRESIDING OFFICER: (SENATOR HOLMES) Sponsor indicates he'll yield.
Thank you, Madam President. Senator, if you may, please do 45 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 not read from your notes. I just want to understand if I heard correctly. This is your trailer bill to the Energy Bill that was passed on a bit of a partisan vote earlier this year. It was not clear to me what amendment was adopted. If you could, is the amendment become the bill, did the amendment do something that wasn’t discussed in committee? If you could just explain, kind of, where we're at on your bill.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Hastings.
Thank you, Senator, for your question. This is a trailer bill to the Climate and Equitable Jobs Act. A more comprehensive trailer bill to the overarching policy will be filed next General Assembly. This here is merely technical corrections. Some of them that were in regards to Diversity Reporting Requirements Prevailing Wage Act in its enforcement by the Department of Labor and the High Impact Business statute. This only adopts Floor Amendment No. 6. Floor Amendment No. 6 guts and replaces everything else that was in the underlying bill and only does these three things. I hope that answers your question.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Barickman.
Thank you -- thank you, Senator. And thank you, Madam President. No further questions.
PRESIDING OFFICER: (SENATOR HOLMES) Is there further discussion? Senator Joyce, for what purpose do you rise? I'm sorry, Senator Jones, I thought you could have Joyce do it. Senator Jones for what purpose do you seek 46 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 recognition?
Thank you, Madam President. To the bill. I heard me and Senator Joyce kind of look alike, but unlike Senator Hunter, Senator Hastings brought some cookies for us to sample. So, I urge for an Aye vote.
PRESIDING OFFICER: (SENATOR HOLMES) Is there any further discussion? Seeing none. Senator Hastings to close.
Thank you, Madam President. I just urge an Aye vote.
PRESIDING OFFICER: (SENATOR HOLMES) The question is, shall House Bill 3666 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Senator Aquino.
Aquino votes Aye.
PRESIDING OFFICER: (SENATOR HOLMES) Aquino votes Aye. Senator Collins.
Collins votes Yes.
PRESIDING OFFICER: (SENATOR HOLMES) Collins votes Aye. Senator Ellman.
Ellman votes Aye.
PRESIDING OFFICER: (SENATOR HOLMES) Ellman votes Aye. Senator Stewart.
Stewart votes No. 47 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021
PRESIDING OFFICER: (SENATOR HOLMES) Stewart votes No.
No. Stewart votes No.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Van Pelt.
Aye.
PRESIDING OFFICER: (SENATOR HOLMES) Van Pelt votes Aye. Have all voted who wish? Take the record. On that question, there are 43 Ayes, 16 Nays and 0 voting Present. House Bill 3666, having received the required constitutional majority, is declared passed. On your printed Calendar, please go to page 3 and we're going to proceed on to House Bill 106. Senator Villivalam seeks leave of the Body to return House Bill 106 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 106. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Villivalam.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Villivalam to your amendment.
Thank you, Madam President. I do not wish to adopt Floor Amendment No. 1.
PRESIDING OFFICER: (SENATOR HOLMES) Is there any discussion? All those in favor will say Aye. Opposed, Nay. Sorry, Senator, it's hard to hear up here sometimes. 48 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 You do not wish to adopt the amendment? Good. The amendment is withdrawn. Any further Floor amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Villivalam.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Villivalam on Amendment 2.
Thank you, Madam President. I wish to adopt Floor Amendment No. 2 and explain it on 3rd.
PRESIDING OFFICER: (SENATOR HOLMES) 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 HOLMES) 3rd Reading. House Bill 106. The Senator wishes to proceed. Mr. Secretary, please read the Bill.
House Bill 106. (Secretary reads title of bill) 3rd Reading of the bill. PRESIDING OFFICER: (SENATOR HOLMES) Senator Villivalam.
Thank -- thank you, Madam President. House Bill 106 with Senate Floor Amendment No. 2 is the transportation omnibus legislation for our Veto Session. It does a few items. It extends 49 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 the Secretary of State's emergency rulemaking on the expiration date of drivers' license renewals and various other permits until no later than January, 2023. It expands the time that SOS has the authority, due to COVID-19, to extend no later than December 31, 2022, the expiration dates of driver's license, driving permits, monitoring device, driving permits and identification cards which were used with expiration dates after January, 2020. Clarifies that the State Aviation Program that deals with homes near the Chicago Midway International Airport, is amended, by the -- by clarifying that any cost associated with replacing windows or doors for homeowners shall receive at least 15 percent upon proof of installment. Stipulates that the RTA public transportation funding from fares and charges for 2021, 2022, and 2023 may be less than 50 percent, if needed, due to COVID-19. And lastly, amends the Employees Sick Leave Act by removing a line that exempts airline employees from coverage. I would ask for an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR HOLMES) Is there any discussion? Senator DeWitte. SENATOR DeWITTE: Thank you, Madam President. I rise to express my disappointment on how this bill is being carried out this afternoon. There are a number of components within this piece of legislation. Some of them, our side of the aisle had issues with during this spring Session. However, as a five-year member of the RTA Board in Chicago, I had the pleasure to serve on that body, the RTA, that as many of you know provides mass transit services to -- in its heyday, up to three million people a day in the metropolitan Chicago area. Recognizing how important it is, the 50 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 farebox ratio is to how the RTA operates. I want it on the record that I intend to support this legislation based on the need to modify the farebox equation and to continue to express my disappointment at the other issues added to this particular bill. I urge my colleagues to vote their conscience. Thank you.
PRESIDING OFFICER: (SENATOR HOLMES) Any further discussion? Senator Barickman for what purpose do you seek recognition?
Question of the sponsor.
PRESIDING OFFICER: (SENATOR HOLMES) Sponsor indicates he'll yield.
Thank you, Madam President. Senator, I guess, first, just some procedural matters. There was a discussion you had with the -- regard to an amendment that was withdrawn and maybe one that was adopted. Can you clarify, I guess, what that was again, just so we can make sense of which adopt -- which amendment is considered and which was withdrawn?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Villivalam.
It was. Thank you, for the question. It was Senate Floor Amendment No. 1 that was not -- that was withdrawn. Senate Floor Amendment No. 2 was adopted and it was to address some technical cleanup language. It was to address some technical cleanup language.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Barickman. 51 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021
So, in -- in your amendment, does your -- does the bill now include some of the controversial language that was discussed previously, regarding the airline industry and the potential impact the legislation could have on the, what's called the Dormant Commerce Clause? Is that controversial language still included in your bill?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Villivalam.
I would not characterize any language in my bill as controversial. We simply changed the word distribution to grants to address a technical issue.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Barickman.
The -- the language regarding the airline industry has been questioned by some as lacking constitutionality because of concerns that it may violate, not only the Commerce Clause, a federal issue, but also the Airline Deregulation Act which puts in question this legislation. Do you -- is your legislation constitutional? Does it violate that -- that the -- the Airline Deregulation Act?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Villivalam.
Thank you for the question. Yes, my legislation is constitutional. And no, it does not violate anything you've referenced. 52 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021
PRESIDING OFFICER: (SENATOR HOLMES) Senator Barickman.
I appreciate that you answered the question. How does it not?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Villivalam.
With respect to the Dormant Commerce Clause, some of the State legislation has been upheld in the face of Dormant Commerce Clause challenges. The United States Supreme Court held that this clause was never intended to allow Congress to cut the states off from legislating on all subjects relating to the health, life and safety of their citizens. Even if the state legislation might indirectly affect interstate commerce. This bill protects the health, life and safety of airline employees and their families by permitting them to use their already accrued sick time to care for family members who are ill. The Seventh Circuit Appellate Court has already upheld Illinois State Regulation of Labor Rights for airline workers when it determined the Illinois -- that an Illinois minimum wage. Regarding federal preemption in the Airline Deregulation Act, the Airline Deregulation Act only preempts state laws related to airline prices, routes or services. The changes made by this Act do not relate to any of those. Allowing airline employees to use their already accrued sick time, which they are already entitled to use, when their family -- when their family members are sick does not interfere with airline prices, routes or services.
PRESIDING OFFICER: (SENATOR HOLMES) 53 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 Senator Barickman.
To -- to the bill.
PRESIDING OFFICER: (SENATOR HOLMES) To the bill.
So, I, you know, I want thank the sponsor for his comments here. This legislation was considered by this Body in previous - - maybe some months ago. I think my opinion is it's quite controversial. I think the negotiations that went on regarding this legislation suggests it is very controversial. I don’t dispute, maybe, what the sponsors attempting to do, but in doing so, the legislation purposes to raise very significant constitutional questions. But setting aside the legalities, just the question of should the fifty states be regulating the airline industry or is that better left in the hands of the federal government. I think the answer to that question is that that’s a federal issue and that the states threaten to muck up that issue when they dabble, jeopardizing a very regulated issue at the federal level. We have an interest in this because of the airports that exist in our State including O'Hare and Midway for whom could be significantly impacted, causing disruption to both business and consumer commerce. That’s what's at risk when the State tinkers with regulatory rules like this. So, I encourage a No vote. And would encourage the sponsor to pull that provision out of this legislation and leave it where it should be, which is in the hands of the -- the federal government. Thank you, Madam President.
PRESIDING OFFICER: (SENATOR HOLMES) Any further discussion? Senator McClure for what purpose do 54 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 you seek recognition? SENATOR McCLURE: Question for the sponsor.
PRESIDING OFFICER: (SENATOR HOLMES) Sponsor indicates he'll yield. SENATOR McCLURE: Thank you, Senator. So, in this bill I'm seeing an advisory committee. In fact, it's on page 11. And that advisory committee is to include two Members appointed by the Speaker of the House and two Members appointed by the President of the Senate. So, there's no Republican representation on that committee. My question is, I guess, is why?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Villivalam.
Thank you, for brining that concern up I'll take that under advisement and maybe we can work on that in the future.
PRESIDING OFFICER: (SENATOR HOLMES) Senator McClure. SENATOR McCLURE: Are you open to any Republicans? Can we do it? I mean we are going to be in the building tomorrow. We got plenty of free time today. So I'm sure we could probably fit in another trailer bill to correct this and add Republicans to the -- to the advisory committee. Would you be willing do that, Sir?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Villivalam.
I'd like to move forward with this legislation as is, but I'm 55 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 always willing to talk to you about it in the future and maybe we can work together and make it happen.
PRESIDING OFFICER: (SENATOR HOLMES) Senator McClure. SENATOR McCLURE: I take that as a very polite no. But, thank you very much, Senator. I can't support, I mean Senator Barickman. To the bill, Madam President. Sorry.
PRESIDING OFFICER: (SENATOR HOLMES) To the bill, Senator. SENATOR McCLURE: Senator -- Senator Barickman brought up some very important issues but even a small thing like this advisory committee to just not even have a Republican on it when there's no real reason not to. I mean stuff like that, I think it's why a lot of people are very weary of government right now. We need to work together. I've got many friends on the other side of the isle including the Honorable Senator who's sponsoring this bill. But a petty little thing like this to exclude Republicans just for the sake of excluding Republicans. To me, it's a bad thing for our State and it's a bad thing for government. Now we all need to be working together as one State to try to fix our problems and this was very disappointing to read in the bill. I urge a No vote.
PRESIDING OFFICER: (SENATOR HOLMES) Further discussion? Senator Hastings for what reason do you rise?
Thank you, Madam President. To the bill and then for purposes of legislative intent. But I think probably we should start with 56 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 legislative intent and then I'll close, if that’s okay with you?
PRESIDING OFFICER: (SENATOR HOLMES) Go ahead.
Thank you. Senator Villivalam, the legislation requires that homeowners in the RSIP program be given the option to select the color and style of the windows they'll receive, is it your intent that homeowners be provided options from among those styles readily available for the program by the City's vendor or that they be given an unlimited number of options that would force the City to undertake a new procurement process that could cause additional delays?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Villivalam.
Thank you, Senator. Options of style and color from those available through the Residential Sound Insulation Program vendor.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Hastings.
Senator, the legislation requires that there be a showroom stood up at Midway Airport that feature different styles and colors available through RSIP Program. Would any available -- would any available and publicly accessible space meet the criteria of a showroom in your understanding?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Villivalam.
Any publicly accessible space featuring the array of options 57 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 available to homeowners would meet this definition of showroom.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Hastings.
Senator, this bill requires the City complete a remediation of 750 homes if money is appropriated to facilitate those installations. Is the intent that this obligation on the City is only triggered once the funding has been appropriated and transferred to the City for that purpose?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Villivalam.
Yes.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Hastings.
The bill requires reporting requirements in preference for homeowners experiencing extreme hardship. Is the intent that the committee be allowed to reprioritize the sequencing of homes that are already scheduled and waiting on installations and to add new hardship criteria or to simplify, codify, the committee's current rules on the sequencing hardship and reporting?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Villivalam.
The intent is to codify existing advisory committee rules.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Hastings.
58 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 Madam President to the bill.
PRESIDING OFFICER: (SENATOR HOLMES) To the bill.
The term that was used in debate was mucked up -- mucked up. You know what's mucked up in this bill? Nothing. What's -- because why is it not mucked up? It's because there are employees in the State of Illinois that have accrued sick time and if they have family members who cannot get care by themselves or for themselves, this bill will allow them to use their sick leave for their family members. There's only two classes of employees in this entire State that are not allowed to do that. And airline employees are a part of those classes. We talked about constitutionality in terms of whether or not the Dormant Commerce Clause applies here. Let me just read some constitutional law for the lawyers in the room. And I know that Senator Villivalam articulated on some of this, but I want to go ahead and go a little bit deeper. You talked about the Dormant Commerce Clause and it allows Congress to cut states off from legislating on all subjects relating to life, health and safety of their citizens, even if the state legislation might indirectly affect interstate commerce. The Airline Deregulation Act, which is a federal act, only preempts state laws related to airlines prices, routes or services. The Railway Labor Act does not convey any sickness benefits onto airline carriers, nor does the Railroad Unemployment Insurance Act, unlike Railway employee's, air carrier employees are not afforded sickness benefits under a federal law. This law is constitutional. This law not only streamlines other issues whether it has to be through the Secretary of State's Office, whether that 59 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 be through grant programs. But this bill helps working class citizens across the State of Illinois. I met with airline employees who have been -- I mean airline employees have been subject to some of the most hostility on airplanes over the last few months. Whether that’s -- whether that’s ticketed passengers yelling at them for having to wear a mask, it goes on and on. And if they want to take sick time to take care of their loved one, that’s the least that we can do for them. So, Senator, I want to say thank you very much. That part of the bill passed this Chamber and I look forward to its passage again. Thank you very much, Madam President. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Villivalam would you like to close?
Thank you, Madam President. I just would like to say, thank you, to Leader Hastings for his work on that provision, the provision that passed the Senate already. I do want to especially thank my minority spokesperson on the Transportation Committee. We have had a tremendous amount of bipartisanship. I believe this is a bill that includes a number of provisions that we need to do right now, and I would just ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HOLMES) As this bill has an immediate effective date, this bill requires a three-fifths vote. That is 36 votes. The question is, shall House Bill 106 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Senator Aquino.
Aquino votes Yes. 60 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021
PRESIDING OFFICER: (SENATOR HOLMES) Aquino votes Aye. Senator Collins.
Collins votes Aye.
PRESIDING OFFICER: (SENATOR HOLMES) Collins votes Aye. Senator Ellman.
Ellman votes Aye.
PRESIDING OFFICER: (SENATOR HOLMES) Ellman votes Aye. Senator Stewart.
Stewart votes No.
PRESIDING OFFICER: (SENATOR HOLMES) Stewart votes No. Senator Van Pelt.
Aye.
PRESIDING OFFICER: (SENATOR HOLMES) Van Pelt votes Aye.
Aye.
PRESIDING OFFICER: (SENATOR HOLMES) Have all voted who wish? Take the record. On that question there are 41 Yeas, 18 Nays, 0 voting present. And House Bill 106, having reached the required constitutional majority, is declared passed. 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. (at ease) Mr. Secretary, Committee Reports. 61 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021
Senator Lightford, Chair of the Committee on Assignments, reports the following Legislative Measures have been assigned: Be Approved for Consideration - Floor Amendment 2 to House Bill 3293, Motion to Concur with House Amendments 1 and 2 to Senate Bill 1784. Signed, Senator Kimberly A. Lightford, Chair.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Sally Turner, for what reason do you seek recognition?
Thank you, Madam President. Just a moment of personal privilege please.
PRESIDING OFFICER: (SENATOR HOLMES) State your point.
Thank you. As all of you know, October is Breast Cancer Awareness Month and in honor of that our caucus has created us a video to help build awareness and share the importance of early detection and you can watch that on the Facebook page. What some of you may not know is that I'm actually a breast cancer survivor and I'm now ten years surviving breast cancer. My story was one of early detection because of scans that can be done and I encourage all women to have their annual mammogram done so that they can have early detection. And as a survivor of breast cancer, I wanted to acknowledge, Senator Ellman, who's currently going through that same battle, and for you, Senator Ellman, we all wear breast cancer survival pins. And I see many of you have your masks on today and have pink on as well. And I thank you for standing up for those of us that have gone through breast cancer and for Senator Ellman who is going through that as well. It's a tough 62 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 fight, but Senator Ellman we're here for you, and here for everyone whose gone through that battle. So, thank you.
PRESIDING OFFICER: (SENATOR HOLMES) Well said, Senator. Thank you. Senators, I just want to take a moment to remind you all we need to do our COVID testing. The facility will be open for one more hour. The COVID test is available until 6 o'clock. The Senate will stand at ease for about twenty minutes. We will resume business at 5:30. This allows everybody to have their COVID test done. So, please, if you have not tested, go do that. Be back at 5:30 - 5:30, we will be proceeding to final action. (SENATE STANDS AT EASE/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR HOLMES) The Senate will come to order. Mr. Secretary, Resolutions.
Senate Resolution 609, offered by Senator Barickman and all Members. It's a celebration of life resolution, Madam President.
PRESIDING OFFICER: (SENATOR HOLMES) Consent Calendar. Would all Members please come to the Floor? We're going to final action. Would all Members come to the Floor? On your printed Calendar about the middle of page 6, we're going to go to Senate Joint Resolution 34 with Senator Muñoz, who indicates he does wish to proceed. Mr. Secretary, read the resolution.
Senate Joint Resolution 34, offered by Senator Muñoz. 63 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021
PRESIDING OFFICER: (SENATOR HOLMES) Senator Muñoz. SENATOR MUÑOZ: Thank you, Madam President, Ladies and Gentleman of the Senate. This urges Congress to authorize the President to present a Congressional Gold Medals to the Korean War Veterans in recognition of their service and sacrifice. And following the awarding of the medals, that one Congressional Gold Medal may be given to the Smithsonian Institution and one Congressional Silver Medal be given to the War Memorial of Korea. So, where they shall be available for display, as appropriate, and made available for research. I know of no opposition.
PRESIDING OFFICER: (SENATOR HOLMES) Is there any discussion? Seeing none. The question is, shall Senate Joint Resolution 34 pass. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. On Supplemental Calendar 1, which has been distributed and is on your desk. We have Order of Secretary's Desk, Senate Bill Concurrence. This is final action. Senate Bill 1040. Senator Martwick, you wish to proceed? Ope -- oops, I'm sorry. I've got the wrong one up there, 1784. So, we're going to Senate Bill 1784. Senator, you wish to proceed, so, Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 1784. Signed by Senator Martwick.
PRESIDING OFFICER: (SENATOR HOLMES) Senator. 64 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021
Thank you, Madam President and Ladies and Gentleman of the Senate. I move to concur with House Amendment No. 2 to Senate Bill 1784. So, this is a trailer bill to the elected representative school board bill for the Chicago Public Schools that was passed in June of this year. This amendment reflects compromise language between stakeholders and the City of Chicago and makes changes to a few different provisions of the bill. By way of background, a couple of these were -- were pretty obvious. There were just some drafting errors in the bill. One of them was a commitment from the House sponsor to address some things. So I'll run through them quickly. The first is, part of the bill was, in order to address financial entanglements between the City of Chicago and the Chicago Public Schools, there was an independent review -- financial review that was supposed to be completed, as well as recommendations from ISBE, and that financial review has been moved up to -- from July 1st, 2025, to October 21st -- 31st, 2022. It clarifies that the board members shall serve without compensation and, in facts {sic}, reinstates a prohibition against compensation for the board members. It makes the moratorium on school closings effective immediately, upon the signing of this trailer legislation. And, removes the requirement the Mayor seek and obtain advice and consent of the City Council on the one round of appointments to the hybrid board in 2025. And finally, it moves the dates for drawing electoral districts from February of '22 until after the bill goes into effect on July 1st, of 2023. This bill would be effective immediately. And, again, I would point out that, this a compromise bill and there is no opposition. It is supported by the City of Chicago. I'm happy to answer 65 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 questions, ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HOLMES) Is there any discussion? Senator Rezin, for what reason do you seek recognition?
Thank -- thank you, Madam President. Question for the sponsor, please.
PRESIDING OFFICER: (SENATOR HOLMES) Sponsor indicates he'll yield.
Thank you. Senator, I know that you've worked on this bill for, I don’t know, we've talked about maybe eight years, quite a while. And I know when the bill was passed that there were challenges and you say you would come back with a cleanup. And it appears that this bill is. Can you tell me where the City of Chicago and the Mayor are regarding this bill?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Martwick.
Thank you. My understanding is that they are in support of this trailer legislation.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Rezin.
Thank you, Madam President. To the bill, please.
PRESIDING OFFICER: (SENATOR HOLMES) To the bill.
I -- I do believe that the sponsor has, you know, been true 66 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 to his word to work on the challenges of and cleanup the challenges from the initial bill that was passed. That makes this bill better. Seems as if every, you know, all of the parties have come together and done what's right. So, I ask for an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR HOLMES) Thank you. Is there further discussion? Senator McClure, for what reason do you rise? SENATOR McCLURE: A question for the sponsor.
PRESIDING OFFICER: (SENATOR HOLMES) Sponsor indicates he'll yield. SENATOR McCLURE: Thank you, Senator. I'm -- I'm just kind of confused because there are quite a few No votes in the House. So, do you know why there are so many No votes by chance, what the rational for that? Because I think I heard you say, that there are no opponents that you're aware of for the legislation.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Martwick.
I watched the debate in the House. There was -- I -- if I can remember, one speaker who testified that he was opposed to the bill because he believed that board members should have the right to be compensated for their work. So, he was going to vote against it and there was another reason. But, beyond that, Senator, I don’t know. There wasn’t a whole lot of people who were speaking up, voicing their reasons for their No votes. But no, there is no opposition that I know of -- official. No one has slipped in 67 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 opposition, as far as I know.
PRESIDING OFFICER: (SENATOR HOLMES) Senator McClure. SENATOR McCLURE: Thank you, Madam President.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Wilcox, for what reason do you seek recognition?
Question to the sponsor.
PRESIDING OFFICER: (SENATOR HOLMES) Sponsor indicates he'll yield.
I notice that most provisions take effect June 1st, 2022, but this language makes explicit the school closure moratorium will be effective immediately. Would you please explain the change there?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Martwick.
Yes, thank you, Senator. So, by way of explanation, upon the passage of this bill, there was a working group that was put together. We met over the course of the summer, I want to say, half a dozen times. We invited stakeholders to present and talk about their concerns. To be fair, some people wanted to relitigate the bill, but some people weighed in and talked about different provisions. And one of them was the school closing moratorium. And the idea was, of course, that the idea of a moratorium on school closings is to stop it from happening with an effective date of June of 2022. It effectively said, close as many schools as you want, but after June of 2022, you can't. And, as you can 68 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 imagine, the people that are concerned about school closings, that gave them pause. So, they asked that that moratorium be moved up, in the spirit of a moratorium, to be effective sooner - immediately. And in negotiations with the City of Chicago, we -- the City of Chicago agreed to that moratorium closing date being moved up to be effective immediately upon the signing of this legislation. And in exchange, we removed the requirement that the Mayor seek advice and consent of the City Council for the one round of appointments that the Mayor will make after the 2024 election.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Wilcox.
It's not necessarily indicative that, with the news of continued declining enrollment, that it was inherent that there might be a school closure, it was a tradeoff and you believe it may be evident that there were no school closures that were likely to come between now and June. So, this isn't precluding any specific closure that may have been imminent?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Martwick.
So, to be fair, I can't speak to that because I don’t know what CPS internally is contemplating. But what I can say is that the City of Chicago, through the Mayor's office, has agreed to this immediate effective date on -- on the moratorium. And -- and, you know, that the idea was -- was, that instead of an elected school board being effective immediately, we delayed the implementation and phased it in. And so, this was to give those people some certainty that, until elected representation can 69 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 decide on whether schools should be closed or not, we would just put a pause on that. Right? So, once -- this is -- this is gone once the elected members are seated. And, then, they can have those discussions and make their financial decisions and their resource decisions as any democratic body should.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Wilcox.
No further questions.
PRESIDING OFFICER: (SENATOR HOLMES) Is there further discussion? Senator Peters, for what reason do you rise?
Question for the sponsor.
PRESIDING OFFICER: (SENATOR HOLMES) Sponsor indicates he'll yield.
So, you mentioned compensation. And I -- I just also want to say I appreciate all the work that you’ve done on this and I'm grateful for the long journey that's led us here. But I just - I have a working-class community where I want folks to be able to be compensated. And, I just wanted to get a better understanding of what happened to the compensation.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Martwick.
Thank you, Senator. So, historically, when this bill was first filed seven years ago, there was a provision that would allow them to be compensated. That was removed in negotiations seven 70 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 years ago. It was brought up again this year. In fact, the Mayor's bill called for compensation. But, when it got to the House, there was a call to remove that. And, so, it's been sort of a back and forth. To be fair, that -- this was my commitment, it was the commitment of the sponsor, that -- that we agreed that upon passage of this bill we would prohibit compensation. I -- I tend to agree with you. I don’t see it as pay for politicians. I see it as removing a financial barrier, so that everyone can have access to serve. And, it's something that I'm -- I'm -- I would consider pursuing in the future. But, right now, I'm living up to the commitment that was made by myself, by the House sponsor, by the working group, that we would address this and that’s why it's in this bill.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Peters.
Thank you for answering that. No further questions.
PRESIDING OFFICER: (SENATOR HOLMES) Is there any further discussion? Seeing none. Senator Martwick, would you like to close?
I ask for an Aye vote. Thank you, Madam President.
PRESIDING OFFICER: (SENATOR HOLMES) The question is, shall the Senate concur in House Amendments 1 and 2 to Senate Bill 1784. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Senator Aquino.
Aquino votes Aye. 71 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021
PRESIDING OFFICER: (SENATOR HOLMES) Aquino votes Aye. Senator Collins.
Collins votes Aye.
PRESIDING OFFICER: (SENATOR HOLMES) Collins votes Aye. Senator Ellman.
Ellman votes Aye.
PRESIDING OFFICER: (SENATOR HOLMES) Ellman votes Aye. Senator Stewart. Senator Van Pelt.
Aye.
PRESIDING OFFICER: (SENATOR HOLMES) Van Pelt votes Aye. Have all voted who wish? Take the record. On that question, there are 43 Ayes, 14 Nays, and 0 voting Present. Having received the required constitutional majority, the Senate does concur on House Amendments 1 and 2 to Senate Bill 1784, and the bill is declared passed. On your printed Calendar, middle of page 5, we're going to proceed to House Bill 3293. Senator Castro seeks leave of the Body to return House Bill 3293 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 3293. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Castro.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Castro to your amendment.
I ask for its adoption. I'll explain on 3rd. 72 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021
PRESIDING OFFICER: (SENATOR HOLMES) 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. 2, offered by Senator Castro.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Castro to your amendment.
I ask for its adoption. I'll explain on 3rd.
PRESIDING OFFICER: (SENATOR HOLMES) 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?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HOLMES) 3rd Reading. Now on the Order of 3rd Reading is House Bill 3293. Senator Castro, you wish to proceed? Mr. Secretary, please read the bill.
House Bill 3293. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Castro to your bill.
73 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 Thank you, Madam President. As amended, House Bill 3293 makes a primary contractor, also known as a general contractor, liable for the failure of a subcontractor at any tier to pay wages owed to its workers. The subcontractor shall indemnify the primary contractor for any wages, damages, interest, penalties or attorney's fees owed as a result of the subcontractor's failure to pay wages. The measure provides enforcement by the Department of Labor under the Wage Payment and Collections Act, which also allows a claimant to pursue his or her claim in court without first going to the Department. Work done by an employee of the State or any political subdivisions of the State is exempt from this new provision, as well as any projects where the aggregate cost does not exceed a hundred thousand dollars and the homeowner is acting as the primary contractor on their own residence. Members, I understand there's a lot of misinformation going on. There was a similar bill that was introduced in 2019. This bill has actually undergone heavy negotiations and resulting in what much of the language you are seeing here today. One of the things that you're hearing is, you know, subcontractors who do not pay their employees their wage, general contractors don't want to be on the hook for that. This indemnifies them, so that way the workers get paid. In addition, it also puts the general contractor on making sure that they hire good subcontractors. I look forward to the discussion.
PRESIDING OFFICER: (SENATOR HOLMES) Is there any discussion? Senator Barickman for what reason do you rise?
Question of the sponsor. 74 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021
PRESIDING OFFICER: (SENATOR HOLMES) Sponsor indicates she'll yield.
Thank you, Madam President. Senator, I'd like to pick up, maybe, on some of the discussion we had at the committee level. To start, let's talk about the subcontractors. I understand, you know, in committee you said this is about making sure employees get paid. Something that I think there is -- there's no disagreement, right? That the -- that the goal in construction projects and elsewhere is for employees to get paid. What is the issue with the subcontractor paying or -- what I think you are trying to resolve, not paying their employees?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Castro.
Sorry, Senator Barickman. There's a lot of chatter over here. Could you repeat your question again?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Barickman.
What's the issue? Why are the subcontractors not paying their employees?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Castro.
So, let me give an example and this is maybe just a broad example, right? You have a general contractor that will take on a job. Then, they actually hire a subcontractor, right? The subcontractor will bid to that general contractor -- a particular 75 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 rate, right? And sometimes, not all subcontractors, you will have bad actors who will lowball just to get the deal. Then, they also subcontract. What we're finding is when they subcontract to not bad actors, who pays the price? The employee. Because all these guys get paid and you're seeing employees getting stiffed with no remedy. This clarifies that by making sure that general contractors understand who they're hiring on their projects. Does it stop them from asking the subcontractor, "Hey, I want to make sure you pay your employees. Show me your stubs"? People are getting hurt here and I -- and I agree wage theft is wrong. And if this, you know, and I'm hearing concerns from the general contractors that this just adds more burdens to them. How? By asking that their subcontractors are responsible companies and pay their employees what they're due and not stiff them. That's my answer.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Barickman.
These -- these bad actors, what stops the employee from seeking compensation from them either through a remedy that maybe they might be afforded at the Department of Labor or by bringing a lawsuit, right? They worked. They deserve the pay that they were promised. What -- why is that remedy insufficient for them?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Castro.
So, Senator Barickman, they still can. This provides them another avenue if that's unavailable.
PRESIDING OFFICER: (SENATOR HOLMES) 76 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 Senator Barickman.
Let's -- let's presume that -- that avenues, in your words, not available because the bad actor is insolvent. At committee that was the example used by your witness. That look, a lot of these subcontractors, there bad actors, they don't have any money to pay the -- the employees that worked for them and the witness proposed that that's the issue here. If that's the issue, what does the indemnity provide? You, in your opening statement, you said, "The general contractor is made whole because they have an indemnity." But if the indemnity is provided by a bad actor who doesn't have any money. What good is that indemnity?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Castro.
Two things. One, the general contractor gets in to business with someone who has no money or has poor business practices. Shame on the general contractor for not doing their homework. That's number one. But number two, you know, again that happens right now, right? You can have a general contractor who hires a sub that decides to take the money and run and closes up, right? If this indemnifies and, again, let's not forget this is the employee we're talking about and making sure they get their wages. The general contractor in the indemnification, let's just say someone goes bankrupt, Senator. They can go to bankruptcy court and file a claim to get that money back.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Barickman.
77 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 Okay, so the -- the -- the pattern that you're explaining here though is the -- the subcontractor is a bad actor and the general contractor had the responsibility to hire the subcontractor. So, it sounds like you're trying to shift some responsibility to the general contractor, right? What does your legislation do when the owner of the property, the homeowner, says to the general contractor, "You need to hire these subcontractors who are on an approved list or you need to hire, Uncle Joe, who's an electrician if you're going to do the work on my house?" What is your legislation do for the general contractor who is told what subs to hire on a deal?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Castro.
So, this did come up in committee and I believe the attorney who -- who spoke, talked about that when you implement these types of -- this type of law, it will stop. You're not hearing a lot of these complaints. This is enacted in Maryland, D.C., you know, and you're not seeing these fictitious ideas that are being thrown out there, you have not seen that. Some of these laws have been enacted since 2017, Senator.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Barickman.
Okay, but that doesn't answer the question to what your legislation does to a general contractor who is forced to hire a subcontractor, who then is a bad actor, and doesn't pay his employees. Does the person forcing the general contractor have to pay those unpaid employees or does that liability still remain 78 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 only with the general contractor?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Castro.
Well first off, general contractors are not required to take any job that they don't want. Second, they don't have to hire that particular subcontractor. So, I guess the question that I'm going to ask is, is it that hard to do your homework and make sure the subcontractor is a subcontractor of good standing? Or do you want to just continue this pattern allowing people to -- people, we keep talking about the subcontractors and the general contractors because, obviously, it's more important to some people. But not the people who performed the work, who get shortchanged and not paid. They get to keep their bottom line but the people, the working middle class folks, or the folks who are barely putting food on the table who get shortchanged by these bad actors won't get addressed. Is that kind of what the general contractors want? I don't think so. I think they want to do business with good subcontractors who pay their employees' wages and don't stiff them.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Barickman.
The witness at committee who said that these issues that we're debating are very legitimate issues. I think he offered no response to them other than to say, "Yeah, these are problems with the bill." If the bill -- the bill does not address the situation where the homeowner hires a general contractor and says, "You got to hire this person." He said that issue, not addressed by the 79 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 bill, and -- and didn't dispute when I said, "It sounds like this is going to limit the choices of consumers, right?" The consumers, the people who are hiring the general contractors, these are -- these are homeowners, right? Those homeowners I -- I asked the witness in committee, "Are these homeowners going to have less choices as a result of this?" and he says -- he said at committee, "It certainly would appear to be that way." What's your response to the choices that consumers ought to have in this?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Castro.
I mean, so you bring up homeowners, so let me reread the sentence. Again, a hundred thousand does -- every cost does not exceed a hundred thousand and the homeowner acting as the primary contractor of their own residence. So, things a hundred thousand and lower are not covered by this law. It's anything above that. So, using a homeowner is not the right example, Senator.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Barickman.
So, this legislation exempts two groups of people, right? One is governments, which I think plenty of people will question that exemption. Why the governments treating itself different than private industry. But homeowners aren't exempt from this, right? I mean show me in the legislation where a homeowner acts as their own general contractor and does not incur a liability under your bill. So, a homeowner hires someone to do construction on their house and the person they hired doesn't pay their employees, the homeowners on the hook and that is one of the most 80 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 dangerous parts of this legislation. So, just to be clear, Senator, is there an exemption for homeowners from incurring this liability for the people that they would hire, who then do not pay their employees?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Castro.
Senator, let me do a -- let me read the bill for you. Definition of a "primary contractor" means a contractor that has a direct contractual relationship with a property owner. "Primary contractor" may have the same meaning as a "general contractor" or "prime contractor." However, a property owner who acts as a primary contractor related to the erection, construction, alteration or repair of his or her primary residence where the aggregate cost of the project amounts to less than a hundred thousand shall be exempt from liability under this Section. Answer your question?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Barickman.
It sure does. It -- it says there's not an exemption for the homeowner who spends over a hundred thousand dollars on their home. It's --this isn't -- this isn't just the we're going to, you know, replace the floor -- floor in the garage. This is any person out there who builds their own home, adds their own -- hires their own people to do a renovation to their home. The trigger here is whether it's a hundred thousand dollars and so why -- why the -- why the separation? Why the homeowners who spend over a hundred thousand dollars incur liability and others do not? 81 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021
PRESIDING OFFICER: (SENATOR HOLMES) Senator Castro.
Senator, because if a homeowner has -- can pay for anything above a hundred thousand dollars, definitely, probably has the means to follow the law and pay their way. I mean obviously, you guys don't care about workers. It's obvious. I mean you want to go out and scream.
PRESIDING OFFICER: (SENATOR HOLMES) Could we have order? Senator Castro, were you done?
I am.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Barickman.
Just to close.
PRESIDING OFFICER: (SENATOR HOLMES) Go ahead.
I think -- I think the debate on this bill shows, look, I -- I think the sponsor's intent, which is to find a manner to ensure that employees get paid for the work that they perform, is something for which there is no dispute. We all share in that goal. The question is, how to get there. And at the heart of this legislation, again, in the opening comments, was suggestion that, well, if we include an indemnification, then it's going to make the other people who have to pay these employees whole. When in fact, the indemnification, in the examples used throughout this are -- are not going to have that affect. But even more egregious 82 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 is the fact that every single one of us find a place in this State where someone does not have a one hundred-thousand-dollar home in the district that they represent. Each of those homeowners, spending money to either build their home or to fix their home, when they go out and hire someone to do that work, if the result is the person they hired doesn't pay their employees, it's the homeowner who's going to be on the hook. Some of you may say that's the right answer here. I think it's the wrong one. And ultimately, if the legislation before us becomes law this is going to be an issue that each person who votes for it is going to have to explain why they thought this was the right policy choice. I'd urge the Body, I understand the way this works, right? There's a great partisan divide that exists in the building too often and so maybe on this bill the desire is well let's just push forth on a partisan vote and get this done. This legislation proposes to have a very significant shift in the manner in which our constituents hire people to do work on their homes. And cause to our constituents a risk, a cost that they will not have accounted for when they went out and hired the carpenters and the electricians and the plumbers to do the work on their project. I'd urge a No vote. Thank you.
PRESIDING OFFICER: (SENATOR HOLMES) Is there any further discussion? Senator Bryant, for what reason do you seek recognition?
Thank you, Madam President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR HOLMES) She indicates she will yield. 83 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021
Thank you. Senator, I -- I'm not on the committee that this went through, so I didn't hear yesterday, but I got a note from someone who said that the four proponents of the bill were mentioned, but not the, what I'm looking at, is ninety-five opponents were mentioned. Can you tell me if the ones that are notable, that they sent me a note on, was Chamber of Commerce, the Illinois Black Contractors Association, the Illinois Mechanical and Specialty Contractors Association, the Chicago and Downstate Illinois Roofing Contractors and then, I think, you addressed already the Association of General Contractors or the General Contractors Association, but are all -- are all of these ninety- five opponents on those witness slips still opponents or have you addressed their issues?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Castro.
Believe their still opponents.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Bryant.
Thank you for your answer.
PRESIDING OFFICER: (SENATOR HOLMES) And Senator Wilcox for what reason do you seek recognition?
Thank you, Madam President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR HOLMES) Sponsor indicates she'll yield.
84 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 I didn't get a chance to participate in committee and talk to the -- the witness, so I'll ask you the question. One of the avenues that general contractors may undertake, if this bill passes, would to be require bonding requirements on their subcontractors. Is -- do you have any information on how that might play out or how it's addressed in the bill?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Castro.
So, Senator Wilcox, this -- this particular language is in, as I mentioned earlier, is implemented in different states: Maryland, Virginia and D.C. We have not seen that instance there. So, I won't I -- I can't say for certain, won't see that instance here, but we have -- based on what I've seen, that's not been the case.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Wilcox.
So it hasn't occurred in those other states but there's nothing in this bill that would preclude general contractors from requiring that bonding of subcontractors?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Castro.
No.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Wilcox.
Found often, we don't consider human behavior when we pass 85 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 bills. I've been giving the example of our trailer fee registration going from eighteen to a hundred and eighteen dollars and when people realize it's only a twenty-five dollar fine for driving an unregistered trailer around, they fail to register their trailers and risk getting caught. And I've heard of no constituent that's paid more in fines for having that unregistered trailer on the road than they would have paid in the hundred and eighteen. So my question is, given human behavior, if general contractors see this pass and decide to start requiring bonding and requiring bonding at such high levels that many subcontractors are now, in essence, pushed out of the market, what would that do to those employees who we're actually concerned about? Because in my view, what we've ended up doing is consolidating the subcontractor positions and actually precluding many subcontractors for what arguably could be a, call it capricious or overly high bonding requirement, in essence, putting many workers out of business. So just interested in your thoughts there. I know you said that it hasn't been seen in the other three states, but I'm just looking at what human behavior may do if this passes.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Castro.
Well, Senator Wilcox, what we have seen from the other states is that human behavior has changed, and you're not hearing or seeing the bonding situation that you're talking about, okay? So we can be -- but here it's a hypothetical because we haven't passed the bill, right? So, I mean we pass the bill, which is what my intent is today, and if we see those bonding issues, we'll come back and address them. 86 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021
PRESIDING OFFICER: (SENATOR HOLMES) Senator Wilcox.
So, you are here acknowledging that you will continue to dig into the business practices of private contractors in agreements if you can't get the solution you're looking for. And -- and we agree getting employees paid is the ultimate goal, but pushing a bad actor's responsibility onto someone else may not get you the results you're looking for and I fear that we will see actions that start putting preclusions into the marketplace. So, no further questions.
PRESIDING OFFICER: (SENATOR HOLMES) Is there any further discussion? Senator Plummer, for what reason do you seek recognition?
Question of the sponsor.
PRESIDING OFFICER: (SENATOR HOLMES) Sponsor indicates she'll yield.
You know, before I get into the questions on this specific legislation, I know sometimes people get worked up in this Chamber about issues, are passionate and I totally respect that, but you made a comment earlier, Senator Castro, that the people on this side of the aisle don't care about workers. I'd like to offer you an opportunity to apologize to the people on this side of the aisle for making a comment like that.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Plummer do you have a question?
87 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 Yeah. My question is what happened to the decency in this Chamber? That would be my question, but we've become accustomed to this with certain Members, I suppose. So, we'll move on to questions on the legislation. You spoke with certainty about the hundred-thousand-dollar limit that anyone that can afford a hundred thousand dollars work on their home, obviously, can handle this situation. Could you express to the Body what the cost of a new home in the State of Illinois is, the average cost?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Castro.
Senator, can you get to the relevance of the question? Because first off, I understand that you didn't like how I responded. But I find it very degrading that you wanted to degrade a woman debating a bill here and a woman of COLOR to that point. Now, I'll let that go. Let's get to the question. Let's talk about the bill. You want to talk about the bill, let's talk about the bill. So, why don't you ask a -- a question related to the bill? How about that?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Plummer.
Go ahead and answer the question I just asked.
To the bill.
PRESIDING OFFICER: (SENATOR HOLMES) Hold on Senator Plummer.
The question is, your bill exempts anybody that's doing 88 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 construction on their home, or building a home, for less than a hundred thousand dollars. If you spend more than a hundred thousand dollars, you're not exempted. My question is, what is the cost of the average home to be constructed in the State of Illinois?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Castro.
So, let me get to the point of what you're trying to ask, is this, most folks who hire a general contractor, their doing more than a hundred-thousand-dollar work. They're not taking on that as themselves, as a general contractor. So, they're going to hire a general contractor, more than likely, if they're doing work over a hundred thousand dollars. So, in that instance, their hiring a GC for over that amount. So yes, should they be following this law? Absolutely.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Plummer.
Well, I -- I happen to work in this industry, and I deal with homeowners all over the State that choose to general the construction of their own homes that is an extraordinarily common occurrence. People general homes all over the State of Illinois. People general remodels on their homes all over across the State of Illinois. People general additions on their home all over the State of Illinois. I deal with them all of the time. I'm sure you've been reading about the supply chain issues, the cost of building materials, right? You cannot build a home in the State of Illinois, a new home ground up, for less than a hundred- 89 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 thousand-dollars. You can't do that. And it is a common occurrence, constituents, all of us have constituents, that general their own homes. You may not know it, you may not have heard of it, you may find that odd. Everybody thinks that people go hire a home builder to build their home. Many families decide that home builder is making a profit off the construction of that house and so my wife's a teacher and I'm an accountant, or -- or -- or this, or that, or whatever, we can save probably sixteen to eighteen percent on the cost of our home, if we just general it ourselves. So, it happens all the time. So, your bill impacts families in all of our districts because that is a very common occurrence and it's clear to me that you don't know how much a new home costs. You don't know how many people general their own homes, but you're passing legislation that hammers those people. If something goes wrong with a sub because a family decides building materials are crazy expensive right now, labor is really expensive right now, we can't afford a new home. A way for us to build a new home is if we general it ourselves. I have seen in the last eighteen months a massive uptick of people generalling their own homes to save money and this bill penalizes those people. So again, the question is, how much does a new home cost in the State of Illinois.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Castro.
That wasn't even a question. Do you want to get the bill, Senator, or do you just want to keep going around in circles?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Plummer. 90 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021
Senator Anderson generalled his own home to save money. So, we'll -- we'll move on. So why -- why are State and local government jobs exempted from this?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Castro.
Say that again, Senator.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Plummer.
So, why are State and local jobs exempted from this bill?
Because there's actual other remedies that they could pursue. You wouldn't have the Department of Labor investigating the State of Illinois. There's actually -- they can go to Court of Claims. There's a different path of revenue for that.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Plummer.
I -- I suspect this wouldn't really impact State jobs as much as I'm thinking of all the township governments, and all of the small local units of government through my district that this would impact. So, my question was more related to them.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Castro.
I asked and answered that, Senator. I think maybe you might be kind of confusing State, local government, it's all government, 91 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 just FYI. They have remedies for that.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Plummer.
You said the remedy for State government was the Court of Claims. My question is what about the remedy for the local units of government.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Castro.
It would be the contract remedy, Senator.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Plummer.
So, earlier in your comments, I believe with Senator Barickman, you said that there were no remedies for the people that are -- ,you know, that -- that -- that maybe do work and don't get compensated for that work. And you just said that the State of Illinois or -- the State of Illinois if they run into this, they have other remedies. So, I just -- in your comments to Senator Barickman when you said, "There were no remedies for the employees that are harmed in a situation like this." Is that, right now, are you telling me there is no remedies for those employees or is this just a new additional remedy?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Castro.
Senator, again, I'll repeat what I said. I told the Senator that they have current remedy through the Department of Labor but 92 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 this gives them another avenue for remedy, if that's not available.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Plummer.
Nobody wants to see somebody work and -- and -- and not get paid, but I think again, we miss often the impact that this is going to have on families. And so, would you consider, Senator, a fix to this bill at some point in the near future? So that we're not all dealing with the families that are going to be crushed by this legislation, and we're talking tens of thousands of dollars. I -- I -- I don't know many Illinois families that just have tens of thousands of dollars laying around. But there will be dozens of instances, probably, of some wayward subcontractor somewhere that does something wrong, unfortunately, and that's going to end up on the laps of some innocent family that's just trying to find a way to build -- build a home. So, will you consider a fix that will raise that hundred-thousand-dollar threshold so that families across this State aren't severely harmed by this piece of legislation?
PRESIDING OFFICER: (SENATOR HOLMES) Senator Castro.
Senator, I mean, you are very experienced in this, obviously, you've talked about that. But obviously, when it comes to this, there's all kind of liability when you're dealing with contracting, right? People can slip and fall. People can get hurt on a job site. That's why there's -- people hire general contractors for the experience that they are. But let me get back to the crux of this bill, right? We're not saying all general contractors, 93 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 subcontractors are horrible people. There are folks who follow the law. There are folks who do the right thing. But you do have enough bad actors who are out there who hurt the people who are working for them, keep the money, don't pay them and those folks end up on the same, you know, trying to put food on the table. And this gives them a remedy and it makes the general contractor do a little extra work in making sure that whoever they hire as a sub does the right thing, right? And making sure those subs do the right thing that other folks want to see done in giving worker protections right and making sure they get paid. And I know you are for that and so I -- I would hope you would be supportive of this measure, but doesn't sound like you are.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Plummer.
To the bill.
PRESIDING OFFICER: (SENATOR HOLMES) To the bill.
You know, some -- sometimes we pass things that just have unintended consciences and I don't think that Senator Castro has any ill intent at all with this. But as someone in this Chamber that can speak to home construction in the State of Illinois, which is down dramatically, there is a massive shift that's taking place where people are building their own homes because costs have gone through the roof. They have to find ways to save money. A piece of legislation like this will impact dozens of families across this State who are innocent victims of a really bad situation. There are remedies to fix that situation in current law. We just 94 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 raised the -- the -- the fees on -- on -- the -- the penalties on -- on folks that don't pay the wages, and so the general contractor, the homeowner in this instance, which is my focus, is going to be responsible for the penalties there too. Some of us in this room will get a phone call in the next couple of years from families that have to shell out tens of thousands of dollars because they were taken advantage of and it's because of this piece of legislation. All I'm asking for is a simple fix to protect the families. I'm not trying to protect million-dollar corporations. I'm not trying to protect these huge general contractors. I'm trying to protect families that want to build a home to live in. And there's a way to fix it, and I encourage you to fix it. And I encourage everyone to vote No until this bill is corrected.
PRESIDING OFFICER: (SENATOR HOLMES) Is there any further discussion? Senator Rose, for what purpose do you seek recognition?
To the bill and I'll be brief. I want to disabuse this Chamber of this idiotic notion that was raised twenty minutes ago that somehow these are people are rich and they must be able to afford it. Because homeowners take out loans, they take out loans because they don't have pots of a hundred thousand dollars sitting around. So, let's just look at this, I just did the math in the old space book, the old inner google here. A hundred-thousand- dollar loan at 3.25 percent interest is a four hundred and thirty- five dollar a month payment over thirty years. That's how it actually happens. You go to the bank, you say I'm in a twenty- to twenty-five-year-old house. I need to renovate it. The toilet doesn't work, the kitchens a disaster, we've lived here, our kids 95 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 are now grown and they made a mess of it while they're here and we want to put some money back into it because we're going to live out the rest of our lives. You go to the bank, you take out a loan. You don't have a hundred-thousand-dollars sitting around, you borrow it. Four hundred and thirty-five bucks a month, that's the payment. I'll bet you, ninety-eight percent of this room has got a loan on their home right now. As Senator Plummer just pointed out, a lot of people, because it does cost too much money now and we can talk about how much Menards charges everybody for the materials these days, but the fact of the matter is -- the fact of the matter is you got a lot of people, and I know this may come as a shock to some of you, that government doesn't do anything -- doesn't do everything and there's some people that actually do it for themselves. Let me get that right. The government doesn't do anything -- everything because people do it for themselves. But those people look around the room and say, you know what, on a three-hundred-thousand-dollar house I could save twenty- five/fifty grand and just go buy it as a stock kit set of plans which is in Menards. Actually, if you go to the back of the store in the left-hand corner, you'll see all kinds of pictures of stock kits you can buy. I'm doing a commercial for someone else, Senator Plummer, I'm sorry. But the bottom line is that two hundred and fifty-thousand-dollar house that you're going to do yourself at 3.25 percent interest over thirty years is only a thousand eighty- eight dollars. You know what, I bet most of the people in this room are floating more than that on their current home. So don't pretend for a minute that this is somehow going to hit the rich people. Because this is how everybody in America buys a house, you take out a loan. Now, if you want to talk to somebody who 96 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 actually does this for a living, I do construction law. The remedy already exists. It's called a mechanics lien, it's called a mechanics and materialmen's lien. If you have a sub that doesn't get paid, they file a lean against the property. Trust me, no homeowner in America wants a lien against their property. So the remedy is already here. But to do this to homeowners is insane. Mom and pop, grandma and grandpa, take out a hundred-thousand- dollar loan their going to pay off at four hundred and thirty-five bucks a month and they're rich, they're rich. This whole bill is rich and not in a good way. Vote No.
PRESIDING OFFICER: (SENATOR HOLMES) Is there any other further discussion? Ahh, we've got one speaker left. Senator Hastings, for what purpose do you seek recognition?
Thank you, Madam President, Members of the Illinois Senate. I just want to say that, you know, the -- the crux to this bill is to prevent wage theft. The State of Illinois loses a hundred and eighty-six million dollars a year to -- to payroll practices, mislabeling workers, paying worker's cash under the table, not paying worker's overtime, not paying worker's benefits, just outright not paying workers across the State. And a lot of these workers in the construction industry are -- are sometimes young people starting out, they're sometimes disadvantaged populations, sometimes they're minority populations, but all those people are homeowners. I just want to make sure that's -- that's clear and those homeowners have to pay their bills too. So, when they're not getting paid for the work they're doing or their becoming misclassified, that just not only hurts them, but that hurts -- 97 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 that hurts Illinois as well. And that's why I think it's important that we pass this bill, which provides sensible, regulatory enforcement safeguards to ensure that folks that are victims of wage theft have some sort of remedy. Senator, the great Senator who's a lawyer over there, who've we had great legal debates and I know, you know who you are. Everyone over there is shaking their head right now. You're right though, in terms of that being a remedy. But there has to be other remedies in order to prevent our State from losing a hundred and eighty-six million dollars a year to wage theft and other costs associated with that in order to enforce people getting paid. This Act, right here, I do not believe is an unreasonable law to pass. It's been passed in other states. It's been passed in red states and blue states because I think everyone understands that people have to get paid the right way. And for that I want to say that this bill protects workers, it protects working class citizens across the State of Illinois, whether you live in Cairo, or Carbondale, or Rockford, or even Tinley Park. It doesn't matter where you live. This bill can affect everyone across the State of Illinois and I want to say thank you to the sponsor. I do understand that people have been passionate about this debate, but let's not misclassify what this bill is actually about. This bill is about protecting working class families. This isn't about penalizing homeowners because those homeowners are actually the people that are working to build those homes across Illinois. Madam President, I urge an Aye vote and thank you very much for your time.
PRESIDING OFFICER: (SENATOR HOLMES) Thank you. Senator Castro would you like to close.
98 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 Thank you, Madam President. I think the previous speaker summed it up pretty well. Remember, we're trying to make sure the workers get paid. When you have bad actors that don't follow the rules and stiff the workers, they're the ones who suffer, they're the ones who are trying to figure out how to put food on the table, they're the ones we have to help with different types of programs because they can't stay in their homes, because they can't put food on the table. So, it is time to get this done for those workers and yeah, does -- does that mean general contractors have to do a better job at asking and looking at making sure they're hiring better subcontractors that are following and giving workers protection and taking care of those workers and paying them. Yes. With that I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HOLMES) The question is shall House Bill 3293 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Senator Aquino.
Aquino votes Aye.
PRESIDING OFFICER: (SENATOR HOLMES) Aquino votes Aye. Senator Collins?
Collins votes Aye.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Collins votes Aye. Senator Ellman.
Ellman votes Yes.
PRESIDING OFFICER: (SENATOR HOLMES) Ellman votes Aye. Senator Stewart. 99 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021
Stewart votes No.
PRESIDING OFFICER: (SENATOR HOLMES) Stewart votes No. Senator Van Pelt.
Aye.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Van Pelt, there you are. Can you -- can you do that again when we get you on the screen. Senator Van Pelt. Senator Van Pelt Aye. Aye. Aye.
PRESIDING OFFICER: (SENATOR HOLMES) Yay, Senator Van Pelt votes Aye. Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 40 Ayes, 17 Nays, and 0 voting Present. House Bill 3293, having received the required constitutional majority, is declared passed. Senator Wilcox, for what purpose do you seek recognition?
Thank you, Madam President. I request a verification of the roll call.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Wilcox has requested a verification. Will all Members please be in their seats? President Harmon, for what purpose do you seek recognition?
Thank you, Madam President. A parliamentary inquiry. Did the bill that just passed require 36 votes or merely 30 votes?
PRESIDING OFFICER: (SENATOR HOLMES) The Bill was 30 votes are required. 100 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021
And does the gentleman seeking verification expect to knock eleven Members off the roll call?
PRESIDING OFFICER: (SENATOR HOLMES) Senator.
Are we actually into a debate on the request or… the requester understood that it only required 30 votes, thank you.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Wilcox has requested a verification. Will all Members please be in their seats? The Secretary will read the affirmative votes.
Those Members voting in the affirmative: Aquino, Belt, Bennett, Bush, Castro, Collins, Connor, Crowe, Cullerton, Cunningham, Ellman, Feigenholtz, Fine, Gillespie, Glowiak Hilton, Hastings, Holmes, Hunter, Johnson, Jones, Joyce, Koehler, Landek, Lightford, Loughran Cappel, Martwick, Morrison, Muñoz, Murphy, Pacione-Zayas, Peters, Simmons, Sims, Stadelman, Doris Turner, Van Pelt, Villa, Villanueva, Villivalam, President Harmon.
PRESIDING OFFICER: (SENATOR HOLMES) Senator Wilcox do you question the presence of any Members voting in the affirmative?
I do not. Thank you.
PRESIDING OFFICER: (SENATOR HOLMES) On a verified roll call, there are 40 Ayes, 17 Nays, and 0 voting Present. Having received the required constitutional majority, House Bill 3293, is declared passed. With leave of the 101 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 Body, we are going to go to our Supplemental Calendar. That’s Supplemental Calendar 1, going to the Order of 2nd Reading. Senate Bill 302. Senator Lightford, do you wish to proceed? Mr. Secretary, are there any Floor amendments approved for consideration? Mr. Secretary, read the Bill.
Senate Bill 302. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR HOLMES) Are there any Floor amendments reported?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HOLMES) 3rd Reading. President Harmon, for what purpose do you seek recognition?
Thank you, Madam President, and Ladies and Gentleman of the Senate. I had shared with our caucus we'd expect to work tonight until our work was done. I think we have reached the point where we have done everything that we must do today and everything that we can do. We will have a full day tomorrow. We are still waiting from many items from the House. But, our plan now is to adjourn the Senate. I don’t know if we'll stay open for some paperwork or not. But our work on the Floor is done. We'll come back in first thing tomorrow morning and make sure the paperwork from the House is in order and begin committee and Floor action. You should expect a full day tomorrow. We have work left to do, but we'll 102 STATE OF ILLINOIS 102nd GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 65th Legislative Day 10/27/2021 let everyone go home tonight, get some rest and come back and hopefully we'll be out at a reasonable hour tomorrow. So, thank you all for the good work today. Look forward to all of your good work tomorrow.
PRESIDING OFFICER: (SENATOR HOLMES) There being no further business to come before the Senate, the Senate stands adjourned until 10:30 a.m., October 27th, 2021,- - ope, 28, or until the call of the President. The Senate stands adjourned. 103