Illinois Senate Floor Debate — May 9, 2013

PRESIDING OFFICER: (SENATOR LIGHTFORD) The regular Session of the 98th General Assembly will please come to order. Will the Members please be at their desk? Will our guests in the galleries please rise? Our invocation today will be given by Pastor Shaun Lewis, Capitol Commission, Springfield, Illinois. Pastor Lewis.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Please remain standing for the Pledge of Allegiance. Senator Jacobs.

(Pledge of Allegiance, led by Senator Jacobs)

PRESIDING OFFICER: (SENATOR LIGHTFORD) Mr. Secretary, Reading and Approval of the Journal.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hunter.

Madam President, I move to postpone the reading and approval of the Journal just read by the Secretary, pending arrival of the printed transcript.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Senator Hunter moves to postpone the reading and the approval of the Journal, pending arrival of the printed transcripts. Being no objection -- there being no objection, so ordered. Mr. Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR LIGHTFORD) 2  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 Thank you, Mr. Secretary. Please read the resolutions.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Resolutions Consent Calendar.

PRESIDING OFFICER: (SENATOR LIGHTFORD) James R. Carder from the Blueroomstream.com seeks leave to videotape. Leave is granted. Seth Perlman, Associated Press, requests permission to take photo. Leave is granted. Mr. Secretary, House Bills 1st Reading.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Althoff, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. And it's nice to be in the Chair. Senator 3  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 Hastings, for what purpose do you rise?

Thank you, Madam President. I rise today for a point of personal privilege. I'd like to introduce a special Mayor, who I don't represent, but I do represent. He's one of the best lobbyists of the southwest suburbs. He just so happens to be my father. He's been Mayor of Orland Hills now for around twenty- five years. He told me that when he took office, he had jet black hair, and this is what happened to him. So, we just want to give him a warm Springfield welcome.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Welcome, father of Hastings and Mayor. Welcome to the Illinois Senate. Senator Althoff moves that the Senate recess for purpose of a forty-minute Senate Republican Caucus. Seeing no objection, the motion is granted. The Senate now stands in recess to the call of the Chair. After the Senate Republicans caucus, the Senate will reconvene for the purpose of Floor action. The Senate stands in recess to the call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)

PRESIDING OFFICER: (SENATOR LIGHTFORD) The Senate will now come to order. Ed Cross from WAND-TV requests permission to video. Leave is granted. Mr. Secretary, Resolutions.

PRESIDING OFFICER: (SENATOR LIGHTFORD) 4  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 Ladies and Gentlemen of the Senate, will you please come to the Senate Floor? We will be going to Floor action - Floor action. Please come to the Senate Floor for Floor action. Ladies and Gentlemen of the Senate, please turn your Calendars to page 24, on the top of page 24, the Order of House Bills 2nd Reading. We will begin 2nd Readings. Senator Silverstein, on House Bill 2832. Do you wish to proceed, Senator? He indicates he does. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Have there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. On the order of House Bill 2856, Senator Bertino-Tarrant. Senator Bertino-Tarrant. Out of the record. House Bill 2862. Senator Noland. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) 5  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 3rd Reading. Senator Harmon, on the order of House Bill 2905. Senator Harmon, on 2905. Out of the record. Senator Manar, on House Bill 2918. Senator Manar. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Senator Bertino-Tarrant, on Senate {sic} Bill 2934. Senator Bertino-Tarrant. Out of the record. Senator Kotowski, for what purpose do you rise?

Good afternoon, Madam President.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Good afternoon, Senator.

The mikes are a little bit hot today. I just wanted to take this moment to introduce a good friend of mine, Patti Vasquez. Patti's a stand-up comedian. She has a show on WGN Radio and she's here today. She has a son named Declan, who's seven, who has autism and is trying to make sure that we figure out a way in our State to get better services for children with -- who have autism and also to make sure that we do our best to make sure those services are available in a better, more comprehensive manner. So can you please give her a great Springfield welcome - to Patti Vasquez?

PRESIDING OFFICER: (SENATOR LIGHTFORD) 6  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 Welcome, Patti, to the Illinois Senate. Senator Kotowski, for what purpose do you rise?

And, by the way, she's performing on Friday in Mason City, which is only about twenty minutes away. She's a -- she's the headliner there. So, anybody who's going to be sticking around, please go to her show. She's just off the charts funny, even as funny as Noland is, so really funny. All right. Thanks.

PRESIDING OFFICER: (SENATOR LIGHTFORD) 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 you please come to the President's Anteroom immediately? The Senate will stand at ease. (at ease) Senator Silverstein in the Chair.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Kotowski, what purpose do you rise? Oh! (at ease) Bob Hoehn from WICS-TV has asked leave to videotape and record. Leave is granted. Senator Lightford back in the Chair.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Mr. Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Ladies and Gentlemen of the Senate, we will go to the Order of 3rd Readings. May I please have your attention? We will be going to the Order of 3rd Readings. Senate Bill {sic} 3rd Readings. Senator Kotowski, on Senate Bill 1361. He indicates he wish to proceed. He seeks leave of the Body to return Senate Bill 1361 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 1361. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Kotowski.

Yeah. Floor Amendment No. 2 makes changes to the original bill. I'd like to address it on 3rd Reading.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Kotowski.

8  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 Thank you, Madam President. Floor Amendment No. 3 is simply a technical amendment.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1361. Senator Kotowski. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Kotowski.

Thank you very much, Madam President. Senate Bill 1361, as amended, streamlines and modernizes the current statement of economic interests, while also increasing disclosure and transparency. The -- the document hasn’t been amended or changed since 1972. {sic} It simply makes it uniform. I would like to, you know, commend Lieutenant Governor Sheila Simon for her efforts on this, as well as our -- our work with our counterparts on the other side of the aisle, the Republican staff there, and Leader Don Harmon for all his hard work on this. More than happy to answer any questions. 9  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion on the gentleman's bill? Senator LaHood, for what purpose do you rise? SENATOR LaHOOD: To the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill, Senator. SENATOR LaHOOD: Thank you, Madam President. I rise in support of Senate Bill 1361 and commend Senator Kotowski for bringing this forth and also Lieutenant Governor Sheila Simon for her leadership on this bill, and thank them for working with us on this legislation. And, I had two bills that were incorporated into this bill that really brings transparency to the statement of economic interests and sheds light on that document and, as Senator Kotowski alluded to, it has not been updated in a long period of time. There's been a number of editorial boards that have written about this, and this is really bringing Illinois up to speed and compliance with transparency. I think this is a -- a good bill and I would ask for support. Thank you.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any further discussion? Senator Kotowski, to close.

I would simply ask for an Aye vote. Thank you.

PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall Senate Bill 1361 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Yea, 1 10  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 voting Nay, 0 voting Present. Senate Bill 1361, having received the required constitutional majority, is declared passed. Senator Forby, for what purpose do you rise?

Point of personal privilege.

PRESIDING OFFICER: (SENATOR LIGHTFORD) State your point, Senator.

Today on the Floor, we have the Lieutenant Governor on the Floor, Sheila Simon. Let's give her a big welcome for {sic} the Senate Floor.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Welcome, Lieutenant Governor, to the Senate Chamber. Senator Frerichs, for what purpose do you rise?

For a point of personal privilege, Madam President.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your point, Senator.

I've got a visitor here today. Vincent Drake is visiting Springfield. He's a recent graduate of Eastern Illinois University, very interested in politics and how that -- we govern this State. And would like to have the Senate join me in giving him a warm welcome to our State's capital.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Welcome to the Illinois General Assembly. Please rise and be welcomed. With leave of the Body, we will -- going to the Order of 3rd Readings. Senate Bill 2404. President Cullerton, do you wish to proceed? He indicates he does. Senator Cullerton seeks 11  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 leave of the Body to return Senate Bill 2404 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 2404. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LIGHTFORD) President Cullerton. Ladies and Gentlemen, please quiet down so that the sponsor can be heard. Please quiet down. President Cullerton.

Yes, thank you, Madam President. Senate Amendment No. 2 becomes the bill. It passed out of the Senate Executive Committee yesterday. I ask for its adoption and I will explain it on 3rd Reading.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LIGHTFORD) President Cullerton.

Yes, thank you, Madam President. This amendment was discussed in the Executive Committee yesterday. It clarifies that the State would begin contributing one billion dollars of additional money to the pension system in fiscal year 2020 once the pension bonds 12  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 are paid off. I'd ask for its adoption.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LIGHTFORD) President Cullerton, on Floor Amendment No. 5.

Yes, thank you, Madam President. This also was discussed in committee. This amendment clarifies that if any of the benefit changes contained in one of the Pension Code Articles is found unconstitutional or otherwise invalid, then the funding guarantee in that Article is also invalid since the funding guarantee is an element of consideration. I would ask for its adoption.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Senator Murphy, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR LIGHTFORD) On the amendment, correct?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Sponsor indicates he will yield. Senator Murphy.

PRESIDING OFFICER: (SENATOR LIGHTFORD) President Cullerton.

From what I understand, the Committee on Assignments did not send that amendment to the Floor. I just talked to Senator Righter. I was going to discuss, in our debate on 3rd Reading, the merits of that amendment and why I would have opposed it had it come out of the committee.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Any further discussion? Senator Murphy.

PRESIDING OFFICER: (SENATOR LIGHTFORD) President Cullerton.

Well, I'm not on the Committee on Assignments and it didn't come out. But if it did, I would have opposed it and asked people to vote No, 'cause I don’t want it on my bill, and I'm going to very thoroughly discuss the -- the merits of the amendment and why I would have said no. And so I hope that would be informative in helping you determine how to -- how you want to vote on the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) No further 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? 14  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013

PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2404. Senator Cullerton, do you wish to proceed? He indicates he does. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) President Cullerton.

Yes, thank you, Madam President, Members of the Senate. Senate Bill 2404 with these Senate amendments represents the pension reform proposal supported by public employee unions. This legislation uses the contractual framework embodied in two other House bills that passed this Chamber on bipartisan roll calls on two occasions last Session. It's also the framework that was sponsored by Speaker Madigan and House Leader Tom Cross in Senate Bill 1673 last May. This bill affects four hundred and ninety- two thousand active employees and two hundred and twenty-seven {sic} retirees. Under the contractual framework, Tier I employees and retirees in the four systems affected - General Assembly, Teachers, State Universities and State Employees - are offered something of value, or consideration, in exchange for taking a lower COLA or forgoing COLA increases for a certain period of time. As I have said, the contractual approach, I believe, is necessary because of the pension clause of the Illinois Constitution. Just 15  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 to review, the pension clause absolutely protects the pension rights -- pension benefit rights of public employees contained in the Pension Code as of when a person joins a pension system. And I believe you cannot take unilateral reductions -- be forced on them by the General Assembly. The clause's protection also extends to employee contribution rates and benefit increases added during the person's term of service. Also, while the clause does not require the pension systems to be funded at a specific funding ratio, it does mandate that pensions will be paid when they become due. But since pension benefit rights are contractual in nature, they can be changed through contract modifications of principles - of offer, consideration and acceptance. And this legislation uses these modification principles to obtain benefit reductions. So, under the bill, active members would basically have three options. They could agree to a three percent simple COLA - not a compounded COLA, which they now have - and they would receive that two years later than when they would otherwise receive it, and they'd have access to retiree healthcare. They'd receive all future salary increases as pensionable. They'd be able to enroll in a cash balance plan, and members of the TRS would be eligible for an early retirement option. Choice B has two -- two options to it. They can retain their three percent compounded COLA, but they would have no access to retiree healthcare and all their future salary increases would be non-pensionable. But we have added a choice even to Choice B, another option, where you could retain your compounded COLA. There would be a three-year delay. You can have access to retiree healthcare. And your future salary increases will be pensionable, but you'd have to contribute an additional two percent of your salary into the pension system. 16  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 Retirees are also affected by this bill. These would be all members who've given notice of retirement as of January 1st, 2013, and they would have two choices. They could keep their current compounded COLA, but they would lose access to retiree healthcare. Or, they can keep their compounded COLA, skip their compounded three percent COLA on a two-year basis, and then, in exchange, they would keep their retiree healthcare access. The bill also does some other things. It -- it -- it also guarantees future payments under the current funding schedule and the State would contribute an extra one billion dollars to the systems starting in 2020. Now I think it's important that we understand how this guarantee of future State payments under the current funding schedule would work. We currently have a continuing appropriation for our pension systems, where the money goes out the door. I think it goes out once monthly. But it's true that the General Assembly could always change that law, and if they did and, for some reason, the certified amount was not paid, the systems are obligated to file a lawsuit against the State to compel payment. And if, for some reason, they didn't do that, even though it's a fiduciary duty, any individual who chose -- any one of the seven hundred and nineteen thousand people that have an option in this, if they chose to take the deal, they could have standing to compel that system to file a lawsuit. And the lawsuit's outcome is predetermined. There's no defense and the court then would order the money to come directly from the Comptroller to the systems. There wouldn't have to be an appropriation at the General Assembly. So we feel that is an ironclad guarantee of future funding. And there's been other suggestions that, perhaps, another way of doing that would be to say if the State doesn’t pay in money, then the 17  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 actives don't have to pay in their contribution. The problem with that is the system - if it actually came to that - the system would actually lose money. And there'd be no way -- it would be a -- a true, well-intended effort to make sure we didn’t underfund it, but it sure would be logistically very difficult, and if it actually happened, there'd be less money into the systems. And that's why I'm not in favor of that approach. The bill creates a Tier II Task Force that would report back to the General Assembly about the status of Tier II benefits. Now, the Tier II system was passed in 2010 and, for the last two years, folks who have been hired have a much less generous pension system. And there's been some concerns raised that we might be not in compliance with federal law, that eventually that minimum social security benefit levels would not be achieved, and so therefore there's a task force to come back with any recommendations on how we can avoid falling out of favor with the federal government. It's not a task force to decide how we can get out of the benefits of this bill or to propose future benefit increases; it's just designed to talk about the problems that may have been caused, inadvertently, by us passing that bill back in 2010. The bill also makes other changes to implement the bill, as well as other reforms regarding who can participate in the pension system. We obviously expect to have the crowding out effect on our State budget be dramatically improved by passing this bill. Our best guess as to how much money that would be saved here is, overall, in the next thirty years, a range, anywhere from forty-five to fifty-one billion dollars that would be saved over the next thirty years. And in next fiscal year, 2015, we expect, if the average was used of forty-six billion dollars in savings, that we would have eight hundred and fifty 18  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 thousand dollars available -- eight hundred and fifty million dollars available for our pension system, plus at least a hundred and fifty million to two hundred million of savings to our group health insurance, because many people would be deciding not to take -- their access to health insurance, so that we would have over a billion-dollar savings in the next fiscal year. And then when we do our budget, we can decide what to do with that billion dollars, but it would be a billion dollars that would not have to be going into the pension systems or to group health. The retirees are definitely included in this bill. This was agreed to, of course, by the -- the -- the union representatives at the meetings we had, and those retirees have to make a choice as well. They are retired now. We're not going to take away any of their future pay raises, but they do have access to group health insurance, and so we say to them, if you want to keep your -- your compounded COLA and you don't care about retiree healthcare access, you -- you can give it up. But if you want to keep your retiree healthcare access, you're going to have to pay for it. And the way you pay for it, in effect, is to take a two-year delay, a two-year freeze, if you will, a two-year skipping of your -- your COLAs. And that is how the retirees are -- are involved in helping out with this. We feel that this bill, obviously, has strong, sound, constitutional principles. Other versions of pension reform are riskier. And we know that there's going to be litigation for sure. Having these unions that represent public employees supportive is helpful. Anybody can file a lawsuit, but we feel that this is an extremely strong constitutionally supported bill. I would be happy to answer any questions and I would urge everyone here to please vote for the bill. 19  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013

PRESIDING OFFICER: (SENATOR LIGHTFORD) Tremaine Williams, WGN, requests permission to video. Leave is granted. Brittany Harris, WCIA News, requests permission to shoot video. Leave is granted. Is there any discussion? Senator Murphy, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill, Senator.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Raoul, for what purpose do you rise?

To the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill, Senator.

You know, when we take our oath, part of our oath is to uphold the Constitution. We can't say, "Don’t get hung up on the Constitution." It's part of our oath. It's part of our oath to know what is in the Constitution, and mostly, as a -- as a lawyer Legislature -- lawyer legislator, you can’t just say, "Aw, screw the Constitution. Let's just proceed without it." We've taken an oath. And I think what the Senate President has done - and -- and -- and I really applaud the Senate President and Eric Madiar - is 23  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 -- is -- is they've read the Constitution. Eric Madiar has gone back and looked at the Constitutional Convention and looked at what they were discussing back then and looked at what the situation was back then, with the grossly underfunded pension system back then, when they passed -- when they put the language in the Constitution. And in committee yesterday, some said, "Well, I'm not a lawyer, so, you know, I don’t know." It doesn’t take a lawyer to read the plain language in the pension protection clause of our Constitution that says it’s a contractual -- a contractual relationship, the benefits of which shall not be diminished - plain English. You have to know the English language, but you don’t have to be a lawyer. Now, you may have to be a lawyer -- you don't necessarily have to be a lawyer to understand the contract principles; that when two parties enter into a contract, one of those parties cannot just down the line say, "Oh, I've changed my mind. Oh, I don’t care that we had this contract. I changed my mind. I'm changing the terms of the contract." You don't have to be a lawyer to understand that. You really don’t have to be a lawyer. And that's what the Constitution puts in play with regards to our pension system, that it is a contractual relationship. And under contract principles, to modify that contract, you need a couple of things: You need the mutual assent of the parties and you need consideration. And these are the principles that are put into this bill. Options are given. And you just can't shrug your shoulders and say, "Don't get hung up on it." With regards to the other bill, it's not constitutional just because you declare it's constitutional. You got to make an argument based on the law. You don’t just say, "Oh, it's constitutional. We can feel confident it's constitutional." The one witness who said they 24  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 think it's unconstitutional yesterday in committee, I asked the question, "Well, on what grounds?" They said, "I don't know." That's not an answer. You got to make an argument of why it's unconstitutional. Is -- is -- is this a perfect fix? By no means is it. And it took -- took us decades, not just what happened over the last decade, it took us decades of both Democrat and Republican leadership that got us into this mess, and it was wrong. Meanwhile, the employees, on a year-to-year basis, were fulfilling their obligation of making their payments. Now, the one witness that challenged this was -- represented Retired Teachers Association and he was right in one regard; that it was morally wrong. This is -- this -- this is morally wrong, because you've had people who've made -- held up their end of the bargain. However, he acknowledged that, you know, we have a challenge before us, and -- and it's the solvency of our pension system and it's the ability for us to do what we need to do as a State, because our pension payment is crowding out our other obligations in -- in terms of our budgetary obligations. I support this bill because I believe it's our best option that can be upheld by -- by the courts, based on, again, reading the Constitution and understanding the principles of contract law. Secondly, I support this because, the process that was taken to reach the language of this bill, it took into account that there are people and there are representatives of people and public employees, the public employees who consistently made their payment, that those people should be at the table. It should not be done to them, but they should be at the table; that they have a stake in this and they have a voice in this, and they were given a voice. Again, it's imperfect, but I really applaud the Senate President for his work 25  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 on this over time. And it's been stressful work. And I think -- I urge all my colleagues to support this and -- and to not buy this just -- "Well, it's the same. They'll both be sued. There'll -- there'll be a suit no matter which one we support, so we might as well support the one with the greatest savings." No, you're all bright enough to see beyond that. I urge an Aye vote.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) The sponsor indicates he will. Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) President Cullerton.

Yes.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) President Cullerton.

On page 55, line 5, it says, "It shall be the mandatory fiduciary obligation of the Board of the System to bring that action if the State fails to pay in the fiscal year the amount guaranteed under this subsection…."

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) President Cullerton.

Well, it was your question. I just read to you what is in the bill. So…

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) President Cullerton.

They have a mandatory duty to bring the action. If they don't, the bill allows for anyone who had signed up for the deal to file a mandamus to force them to do it. This is not a -- meant to be a trick. This is meant to be ironclad. And I -- I think you and I share the same view, that we want to make sure, in the future, none of these payments are skipped. And that's the language that we drafted, which we think is as powerful as we can, and as we've said, you had other options that I think were logistically very difficult to implement.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) 28  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 President Cullerton.

Part of your question assumes something that I'm not going to concede. The language is "shall" and there is -- to answer your specific question, there is not any language in there affording someone attorneys' fees, although I'm sure they could ask for it.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) President Cullerton.

It would go directly to the Supreme Court - has to do with revenue. So the answer is yes.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) President Cullerton.

Yes.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter. 29  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013

PRESIDING OFFICER: (SENATOR LIGHTFORD) President Cullerton.

Yes, we're -- we're putting this in the law to make it crystal clear that there's an obligation that this money goes out. It's not dependent upon any appropriation. It's clear to the systems that they have to -- that -- that they have to make sure this money comes from the Comptroller. And -- and, theoretically -- hypothetically, there could be a Comptroller that -- or a General Assembly that for some reason doesn’t want to make these payments, so we allow people to sue, and there's no defense to it that I can even imagine. And so I -- I am sort of almost fascinated by your fascination with this small provision, important provision, but this small provision of the bill, because we're on the same page. We want to make sure that in the future we don't skip any payments.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) President Cullerton.

Yeah, I think the analogy is, there was a -- a lawsuit filed by judges, because we had passed a law that was unconstitutional, taking away their cost-of-living increases, 'cause it diminished their salaries, which we can't do during their term, and they filed a lawsuit and they, obviously, won the lawsuit and they said that -- they ordered the Comptroller to send the money out. So it didn’t require an appropriation by the General Assembly. That's the analogy we're using here. The Comptroller is ordered to send the money to the systems.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) President Cullerton.

No, we're not hoping. We're acknowledging that there's a -- 31  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 other statutes that say that the Comptroller has administerial duty to pay the fund and that the court -- that is what the court would order the Comptroller to -- to do.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Please, Senator, to the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Jacobs, for what purpose do you rise?

Thank you, Madam Chairman {sic}. To the bill: I just find it interesting that we want to pretend like this is somebody's pension problem. It's not a Democrat problem. It's not a Republican problem. It's an Illinois problem. The fact is, in 1994, when some of you on the other side may have been here, you might remember Jim Edgar, the Republican Governor, when he was going to fix the pension plan, and he stated that by 2045, we would have a hundred percent pension fulfillment. Well, obviously, that plan didn’t work so well. I just get tired of folks saying, "Hey, 34  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 look, it's not my fault." They want to point fingers at everybody else to make it their responsibility. It's our responsibility. You know where the bill room is. You can go to the bill room and ask for a bill, move it through the Floor. I don't know of Senator Cullerton to stop any bill from moving through the Floor, sometimes to my dismay. I have a question of the sponsor.

PRESIDING OFFICER: (SENATOR LIGHTFORD) The sponsor indicates he will yield. Senator Jacobs.

Senator, I spoke to a young woman today, eight-one years old, Virginia Ray, from my district in Fulton, Illinois, retired teacher. Her and her husband are both retired teachers, married fifty-six years. And she is highly opposed to this bill. And I was just wondering what you would tell her if you were me. She - - she is saying that she made so little money that now this -- losing her retirement -- or some form of her retirement, her healthcare, that this is going to have a devastating effect on her. Now, she did tell me that she does get Social Security, because she worked a second job. So it -- what -- what -- what would you have me tell her, Senator?

PRESIDING OFFICER: (SENATOR LIGHTFORD) President Cullerton.

Well, there's no question that we're asking folks to sacrifice. We're giving 'em options, but under either option, there is sacrifice. In her case, if she's the -- a beneficiary of the retiree healthcare subsidy that we're affording them and she needs to keep that, she would have to sacrifice by getting her compounded COLA, but there would be a freeze in the increase. 35  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 She'd still get her pension. There'd be a freeze in the increase for a couple of years. That would be her sacrifice. And the unions that she used to be a member of are a hundred percent behind the bill in our negotiations. So that's -- that's what I would ask {sic} to say to her, that she, you know -- she also will be the beneficiary, though, of a system that will be sound, will be able to pay her her money for the rest of her life. And then, quite frankly, we'll have money left over to put back into our schools, where she used to work, in the -- in the next -- over the next thirty years, which I think she might be concerned about as well.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Jacobs.

I think the point is, is that, you know, promises are a little bit like babies: They're easy to make; they're hard to deliver and raise. And we're trying to deliver a baby and -- and raise a child by making promises, and maybe we got to quit making promises to people. Because in this case, I'm telling Mrs. Ray that it's easier and better for me to break this promise than to do worse and keep the promise and not be able to pay her her future -- future payments. I think Senator Cullerton has earned this vote. He's worked hard. I would just call on my friends across the aisle not to politicize this. Let's put the best face on it we can and move forward. If, in fact, my friends on the other side of the aisle support Speaker Madigan's plan, which will fundamentally change - fundamentally change - how things are -- are -- are -- operate, then wait for that vote, 'cause I'm sure that vote will come and you'll get an opportunity to vote on that one as well. 36  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013

PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Leader Radogno, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Holmes, for what purpose do you rise?

To the bill, Madam President.

PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill, Senator.

I think everybody here in this Chamber understands the history of this problem and there's probably no sense in rehashing that. I think we completely understand that the cause of this problem wasn't just the recent financial downturn, which certainly made the problem a little bit worse, but the real problem is the fact that we shirked our responsibility and we have underfunded or unfunded our pensions since their inception. So we're talking about seventy years of mismanagement has gotten us into this mess. Now it's time for us to try to figure out a way to resolve it and move on from here. And I think that's what we have done with the 38  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 many pension bills that you've seen come out of both Chambers. Many of you in this Chamber, since there were twenty-five cosponsors on the original 2404, which I had introduced, had signed on to that. This, the new Senate Bill 2404, which I like to call 2404 on steroids, sort of takes some of the best features of that bill with the guaranteed funding, the pension stabilization plan, but it does add in some significant cost savings. In order to get those cost savings, Senate President Cullerton spent weeks and weeks of time in negotiation with our labor unions, our public employee unions, our teacher unions, our police unions. This was weeks of negotiations and these were tough negotiations, because I was there for most of them. And they weren't easy. We were looking to try and save money to offer some budget relief in order to get through this mess. They, of course, were trying to strike a deal, because to their credit, and I want to thank the unions, because they really stepped up and said, you know what, we aren't responsible for this problem; however, we want to do what's best for the people of our -- of Illinois, the people in our unions, and the people of this State, and, therefore, we're going to step up and this is going to be shared sacrifice in order to help resolve this problem. So they came to us with several different options. And like I said, it was -- it was weeks of negotiations in order to create this bill. And I'm very proud of what ended up coming out of this bill, because I think it is something that is fair. And to me, that was the biggest, biggest factor. Some of you look at this bill and say, well, gee, the other bill saves us so much more money. Gee, it really does save us so much more money, and if this was simply a numbers problem, we can save the most money; but, can I tell you that this isn't just a numbers 39  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 problem - this is people. This is people who have spent decades teaching our children, working in our State government, working out there in public safety, working in Corrections to help all the people of Illinois. We're talking about people. This isn’t just a numbers problem. Oh, gee, let's save the most money. Yes, the Civic Federation -- the Tribune, yes, it's wonderful. "This is not the plan that's saving the most money." "We need to save money." "Do the thing that's fiscally responsible and save the most money." Sure, you can make your choice. Do you want to be so-called fiscally responsible or do you want to be morally bankrupt and cheat the people who have helped us as a State for decades and take away the promises, the absolute promises, that we made? And do you know what? We're taking away some of those promises, and I'm sorry that we're taking away some of those promises, and I want to thank those unions for stepping up and saying, we're willing to have you take away some of what you promised us, because you screwed up for decades and didn't pay us. I don't see how anybody in this Chamber cannot support 2404 and do what's best for the people of Illinois and do what is morally responsible. I urge an Aye vote.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Barickman, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill, Senator.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any further discussion? Seeing none, President Cullerton, to close.

Thank you, Madam President. There -- for purposes of legislative intent, I want to indicate that this bill is not intended to impact a Tier I retiree's automatic annual increase until he or she has had the opportunity to make the irrevocable election, as provided for under this legislation. Now, if I can address some of the points made in debate. This is a thirty-year ramp that will be over with in 2045 and we will have a ninety percent funded pension system. Fitch rating agency says that eighty percent is satisfactory and that's the number that the private sector uses. So, don’t be alarmed about the fact that it's ninety percent funded in 2045. The issue of constitutionality has been debated. I don’t need to repeat it other than to say that the bill that the House has passed, I believe, is risky if we pass that bill by itself, because there would be a -- a lawsuit. I think it has a very difficult time of being upheld and we would delay by at least a year passing a reform and we would then have to run back here, pass another law, there'd be another lawsuit. We would lose at least a billion dollars to -- of -- of additional 43  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 money we'd have to put in the pension system that otherwise could have been saved that we could have used for education. You know, we -- we have voted on a bill similar to the one that came over from the House, and I just want to emphasize this is not a partisan issue. That bill would have passed, for example, if every Republican had voted for it, but there were Republicans that didn’t want to. There's -- hopefully, some Republicans will vote for this bill, but there will be a small category of folks who will have voted, I suspect, after today on -- on neither one of them. And I would say, I'd like to hear your suggestions, because we need to do something. The funding guarantee issue, it's been acknowledged that we apparently skipped making our payments under the current law in the past. This is a thousand times better than what the current law is. That's a reason to vote Yes, not a reason to vote No. Now, it's been mentioned that we're going to get in the healthcare business for a long time. We -- we make this real clear, we're offering people healthcare access, no guarantee as to what those benefits are. And we know, from the recent contract that was negotiated, the healthcare benefits were changed pursuant to that contract. We are only offering access under this bill. Now, remember also, this bill applies to us. This bill applies to the General Assembly Retirement System as well. So we also have some skin in the game. I would say to you that this framework is not a broken promise. This framework is not a broken promise. This is not a unilateral reduction of people's benefits. We are telling folks they can keep their pension promise if they want to. They might be losing something they thought they had a right to, but they didn’t. They might have thought that all their pay raises were going to be part of the pension. No, we could pass a law 44  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 taking that away. They might have thought that they had access to healthcare forever. Some people have even sued to try to get -- win that point and they haven't won. So, however, they're getting a contract. They're getting guarantees in the future that those benefits will be there. So we're not breaking our promises to them. Ladies and Gentlemen, we -- we have to pass a bill. We have to pass a bill. We have to get thirty votes. This is the best chance to get a majority vote in both Chambers and have the Governor sign the bill. I want to thank the unions for their sacrifice and all the time that we spent together to try to get to a bill that they support, because they -- it was not easy for them. But this is generational. This is not a bill that just helps us this year and next year. This will help us for the next thirty years and we have to be practical. We have to pass a bill. This is the best chance to do so. Please vote Aye.

PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall Senate Bill 2404 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 40 voting Yea, 16 voting Nay, 0 voting Present. Senate Bill 2404, having received the required constitutional majority, is declared passed. On the Order of 3rd Reading is Senate Bill 2226. Senator Sandoval. Senator Sandoval. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill. Senator Sandoval seeks leave of the Body to return Senate Bill 2226 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 2226. Mr. Secretary, are there any Floor amendments approved for consideration? 45  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Sandoval.

Yes, Miss -- Madam President. I'd like to adopt Amendment No. 4 and speak to the bill on 3rd Reading.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2226. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Sandoval.

Thank you, Madam President. Senate Bill 2226 requires the EPA develop rules that prohibit disposal of materials for recycling. Senate Floor amendment represents an agreement between the asphalt recyclers and the waste disposal industry. A lot of work has been -- gone into this bill and I would ask a favorable 46  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 vote.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Senator Koehler, for what purpose do you rise?

Thank you, Madam President. Just a question of the sponsor for the purpose of legislative intent.

PRESIDING OFFICER: (SENATOR LIGHTFORD) The sponsor indicates he will yield. Senator Koehler.

Senator Sandoval, previous amendments to this bill not only banned shingles from disposal in a landfill under certain circumstances, but also prohibited landfill operators from using asphalt shingles to cover the waste in a landfill at the end of the workday. Is the ban on the use of shingles as cover still in your bill?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any further discussion? Oh, excuse me. Senator Sandoval, for questioning.

The answer is no.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any further discussion? Seeing none, the question is, shall Senate Bill 2226 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 49 voting Yea, 0 voting Nay, 1 voting Present. Senate Bill 2226, having received the required constitutional majority, is declared passed. Senator Steans, on 47  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 Senate Bill 2340. Senator Steans, wish to proceed? Senator Steans -- seeks leave of the Body to return Senate Bill 2340 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 2340. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans, on Floor Amendment No. 2.

Yes, that -- it deletes all and becomes the bill. I'll discuss it on 3rd.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2340. Senator Steans, wish -- indicates she wish to proceed. Mr. Secretary, please read the -- lady's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans. 48  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013

Thank you very much, Madam President and Members of the Senate. This bill is very critical for the Illinois State Board of Education. Right now, the way the current statutes read is the Illinois State Board should be intervening in seventy-seven school districts, and that means they would even have the power to go in and take over a school board. It's only happened two times where that -- they actually done this. But clearly we do not want them to be intervening in seventy-seven districts. I really want to thank Senator Luechtefeld and all the school groups and ISBE for working together on this bill. We've come to a general agreement, where there's no longer any opposition to the bill, to narrow it and set up criteria on when the school -- when ISBE can actually intervene in a -- in a -- in a school board and exit criteria on when it should leave. So we're now saying that for the lowest five percent of the districts, based on academic performance, only then can they be part -- subject to this new Act, and when they're in that situation, we will now actually provide them support and guidance. ISBE will contract with a third party accreditation organization and help the district get accredited. If the district cannot get accredited and -- because of a governance issue, only then would ISBE be able to go and have the ability and then -- now it's just a "may" - to intervene in that board. Want to thank folks who have really helped provide more criteria on how this should work. We've also made changes so that the independent authority that can get put in place can be five or seven members and to ensure that it has to have a majority of its members be from the local district to ensure local control. Happy to answer any questions. 49  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall Senate Bill -- oh, excuse me. Senator Rezin, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR LIGHTFORD) The sponsor indicates she'll yield. Senator Rezin.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans.

Yes, that is the case and I really do want to thank the Illinois Association of School Boards for really working through these issues with us. We put a lot more specific criteria in there around when they could get intervened - in a school district board - to help provide guidance and it can be really used as training to ensure that the -- school boards know what's expected of them. So I think that had a lot to do with it. We also expanded the number of folks that could be on the independent authority and ensured that they have to have a majority of them from the local district to ensure that we're maintaining local control. We also took away -- there was a ban in there that if they'd gotten removed, they could never run for school board again. We took that lifetime 50  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 ban away and only put it in for ten years. So we've made a number of changes. I think it's a better bill as a result and they're - - they are now neutral. Thanks.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Any further discussion? Senator Righter, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR LIGHTFORD) She indicates she will. Senator, please present.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans.

It is absolutely restricting it. Right now, it's a "shall". The Illinois State Board of Education is supposed to be going in and intervening in what would be about seventy-seven districts. This is very much narrowing it down to only a pool of thirty-five. And after providing support, only then "may" they go and intervene. It's very much restricting it. It's also setting out exit criteria for if they do go in and intervene, making it clear when they should be exiting. So it's very much tailored to restricting the intervention of the Illinois State Board of Education.

PRESIDING OFFICER: (SENATOR LIGHTFORD) 51  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans.

You know, I -- I don't think it's a -- would be a good policy at all for the Board to be going in and intervening in seventy- seven districts across the State. I think this is very much driven by policy considerations - that we do not want to be mandating them to go in and take over seventy-seven districts. This provides a lot greater ability to actually put in real criteria on when it makes sense for them to do it and to have that really drive the decisions.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any further discussion? Seeing none, the question is, shall Senate Bill 2340 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the 52  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 record. On that question, there are 45 voting Yea, 8 voting Nay, 0 voting Present. Senate Bill 2340, having received the required constitutional majority, is declared passed. Senator Sullivan in the Chair.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Holmes, for what purpose do you rise?

Point of personal privilege.

PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point.

I would like everybody to take the opportunity to say welcome to the Illinois Senate to a dear friend of mine, Dr. Max McGee. He's in the President's Gallery, along with Purva Rushi of IMSA, who I know has some news. She's got an upcoming wedding in July. But I just want to welcome them here and let them know that Max, after many years, is retiring as the President of IMSA, an absolutely fantastic school within my district. I do have a proclamation, which we will be presenting to him, and I know many in this Chamber have signed it. And I just want everybody in the Senate to give him a warm welcome. Thank you.

PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome to the Senate. Senator McGuire, for what purpose do you rise? SENATOR McGUIRE: Personal privilege, Mr. President.

PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point, Senator McGuire. SENATOR McGUIRE: 53  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 Thank you. I rise to introduce a very special guest from the 43rd District. Lieutenant John Batusich, of the Lockport Fire Department, is here with his wife, his two sons, his mother and father. John was honored today at the Fallen Firefighter Memorial Ceremony. He received the Medal of Honor. I'd like to briefly tell you why. He saw a house on fire. It was his off day. He ran into the burning home, wearing a sweatshirt and jeans, no protective equipment, and recued a woman from the fire and he's up here to my upper left, standing. And so could we please give a true Illinois hero a Springfield welcome.

PRESIDING OFFICER: (SENATOR SULLIVAN) Lieutenant, welcome to the Illinois State Senate. Thank you for your service. Thanks for joining us today. Ladies and Gentlemen, on page 4 of the printed Calendar, we have Senate Bill 1762. Senator Lightford, do you wish to proceed? Mr. Secretary, Senator Lightford seeks leave of the Body to return Senate Bill 1762 to the Order of -- hold on one second. Mr. Secretary, this -- we do not need to recall it. Senator Lightford would like to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Lightford.

Thank you -- thank you, Mr. President. Senate Bill 1762, two amendments were adopted on yesterday - one to address a date change and the other to identify with some significant reforms. Senate 54  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 Bill 7 was passed a couple years ago. There were four areas of need that we needed to come back with a trailer bill. We did say that the day we passed it. The groups came back to the table and there is four separate items here that addresses some challenges that they were experiencing, either in collective bargaining, addressing attainment of contractual continued services for teachers, the date when school district waivers from statutory evaluation ratings are terminated, and the last area was the establishment or {sic} (of) a list of teachers, placement of part- time teachers. And the amendment also made a couple -- several grammatical changes. I'd be happy to answer questions.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall Senate Bill 1762 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill -- 1762, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, we're going to start at the top of the Order with Senate Bills 3rd Reading -- or, excuse me, House Bills 3rd Reading. On the bottom of page 5, we'll start at the top of the Order, House Bills 3rd Reading. With leave of the Body, we'll come back to Senate {sic} Bill 3. We'll go to Senate {sic} Bill 58. Senator Althoff. House Bills 3rd Reading. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Althoff.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Seeing none, the question is, shall House Bill 58 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 58, having received the required constitutional majority, is declared passed. Senator Muñoz, for what purpose do you rise? SENATOR MUÑOZ: Point of personal privilege, Mr. President.

PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point, Leader Muñoz. SENATOR MUÑOZ: Thank you, Mr. President, Ladies and Gentlemen of the Senate. A colleague, Senator Lightford, tomorrow is her birthday. If we can wish her a happy birthday, I'd appreciate it.

PRESIDING OFFICER: (SENATOR SULLIVAN) 56  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 Senator Lightford, happy birthday. Let's -- wish her a very happy birthday. Congratulations. Ladies and Gentlemen, we're on the bottom of page 5 of your printed Calendar, on the Order of House Bills 3rd Reading. We have House Bill 61. Senator Martinez. Senator Martinez. Out of the record. Let's go to the top of page 6. We have House Bill 64. Senator Collins. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Collins.

Thank you, Mr. President. House Bill 64 creates the Privacy in the School Setting Act. The bill makes it a petty offense for institutions of higher learning to request or require a student to provide a password or other related account information in order to gain access to a student's account on social networking website. The bill requires elementary and secondary public schools to include in their disciplinary rules or policies that such information can be requested or required of students if the school has reasonable cause to believe that the student's account contains evidence that the student violated a school disciplinary rule or policy. I would ask for an affirmative vote. Thank you. There's no opposition.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 64 pass. All those 57  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 50 voting Aye, 5 voting Nay, 0 voting Present. House Bill 64, having received the required constitutional majority, is declared passed. House Bill 83. Senator Holmes. Out of the record. House Bill 99. Senator Collins. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Collins.

Thank you, Mr. President. House Bill 99 amends the Mortgage Foreclosure Article of the Code of Civil Procedure. It extends the sunset of the provisions that establish procedures for protection of homeowner rights in residential real estate foreclosure proceedings from July 1st, 2013, to July 1st 2016. Ask for an affirmative vote. Thank you.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 99 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 54 voting Aye, 1 voting Nay, 0 voting Present. House Bill 99, having received the required constitutional majority, is declared passed. Next up on the Calendar is House Bill 104. Senator 58  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 Holmes. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Holmes.

Very simply, House Bill 104 allows the Department of Healthcare and Family Services to impose monetary penalties on insurance companies and healthcare plans that fail to provide information regarding their policyholders as required by statute to the Department. Basically, what this says is, current law already says they have to provide; this just imposes an enforcement mechanism.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Seeing none, the question is, shall House Bill 104 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. House Bill 104 -- excuse me, Mr. Secretary. 54 voting Aye, 0 voting Nay, 0 voting Present. House Bill 104, having received the required constitutional majority, is declared passed. House Bill 116. Senator Biss. Out of the record. House Bill 160. Senator Bush. Senator Bush, on House Bill 160. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bush.

Apologize for the wait. Thank you. So, House Bill 160 amends the School Code in a Section that concerns interfund transfers. It extends the time period between -- during which a school district, other than the Chicago School District, may transfer moneys from specified funds for any purpose from June 30th, 2013, to June 30th, 2016. It allows the school board of any school district that's subject to the Property Tax Extension Limitation Law that has a population of less than five hundred thousand inhabitants. I know of no opponents to the bill and I'd be happy to answer any questions.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 160 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 52 voting Aye, 0 voting Nay, 0 voting Present. House Bill 160, having received the required constitutional majority, is declared passed. House Bill 181. Senator Haine. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is initiative of the State Police and it -- amends the -- the fine, money, portion of the statute relating to child pornography and rearranges the fines based upon the contribution of the State Police, and it goes into a fund to allow them to investigate more efficiently child pornography cases. No opposition.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Haine. Is there any discussion? Seeing none, the question is, shall House Bill 181 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 181, having received the required constitutional majority, is declared passed. House Bill 183. Senator Mulroe. Out of the record. House Bill 181 {sic}. Senator Radogno. Leader Radogno, on 188. Out of the record. House Bill 192. Senator Morrison. Mr. Secretary -- what'd you say? Senator Morrison seeks leave of the Body to return House Bill 192 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 192. Mr. Secretary, are there any Floor amendments approved for consideration? Mr. Secretary, just one minute. We need to check on some paperwork.

PRESIDING OFFICER: (SENATOR SULLIVAN) 61  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 Senator Morrison, on Floor Amendment 2, to explain it.

Thank you, Mr. Chairman {sic}. This amendment simply adds Township High School District 113 as the body that is asking for an extension of their bonds from twenty to twenty-five years. It guts the bill and makes this the new one.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion on the amendment? Seeing none, 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?

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. 3rd Reading. Next up on the Calendar, we have House Bill 194. Senator -- Leader Clayborne. Senator Clayborne. Out of the record. House Bill 496. Senator Steans, on House Bill 496. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.

Yes, thank you, Mr. President, Members of the Senate. Last General Assembly, we had put in a new process for renewing Professional Educator -- Education {sic} Licenses to replace the certification renewal process. This is now updating the renewal 62  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 process to -- consistent with the new licensure system. There's a number of changes to the professional development process. Currently, teachers need a hundred and twenty hours of professional development every five years. This changes it to -- a hundred hours, making sure you get at least ten hours each year. National Board Certified Teachers will be required to have fifty hours. It also says of the eight thousand, right now, Professional Development Providers, they now must align their standards to the renewal process to make it more meaningful for the districts and they have to go through one of the aligned organizations to provide the professional development. There's -- they're enumerated in the bill. I would ask for an Aye vote and I think this will really improve our professional development system in the State.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 496 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 496, having received the required constitutional majority, is declared passed. Next up on the Calendar, we have House Bill 576. Senator Hunter, on 576. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) 63  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 Senator Hunter.

Thank you, Mr. President. This bill requires water utilities with greater than fifteen thousand total customers to use bill inserts to inform customers of potential bill impacts, previous rate increases, dates of increases, options to install separate water and sewer meters, and water conservations. And I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 576 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 576, having received the required constitutional majority, is declared passed. House Bill 630. Senator Holmes. Senator Holmes. Out of the record. House Bill 631. Senator Hunter, on 631. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter.

Thank you, Mr. President. This bill gives the Board of Trustees at Chicago State University the authority to establish a comprehensive policy regarding the service and sale of alcoholic 64  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 liquors at events that the Board may determine are public events and not related to student activities. And I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 631 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 54 voting Aye, 0 voting Nay, 0 voting Present. House Bill 631, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, at the bottom of page 6, we have House Bill 774. Senator Hutchinson. Out of the record. Let's turn to the top of page 7. On the Order of House Bills 3rd Reading is House Bill 627 {sic} (827). Senator Kotowski. Out of the record. House Bill 923. Senator Noland. Out of the record. House Bill 956. Senator Mulroe. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Mulroe.

Thank you, Mr. President, Members of the Senate. This is a trailer bill to a bill we passed last year that was signed into law. House Bill 956 amends the Counties and Municipal Codes. It requires charitable organizations seeking exemption from charitable solicitations prohibition to provide the county or municipality, as applicable, with -- with a list of three 65  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 alternative solicitation locations. I know of no opposition. I'd ask for an Aye vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Senator Rose, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield for a question. Senator Rose.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Mulroe.

All right. The -- last year, we passed a bill where municipalities, counties could not prohibit charitable organizations from soliciting for charitable organizations if they used first -- first responders - police officers, firemen - on the corners. And there was no limitations actually as to -- to what location they could use. So this, when they're doing that application, if there's concerns about the intersection, the charitable organization has to provide three alternatives.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Rose.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Mulroe. 66  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013

Yes, and it -- you know, I think we referred to it last year as "fill the boot". The firemen go out and -- and raise money for different charitable organizations.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Rose.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Mulroe.

The charities actually would -- would suggest the locations and they would work with the municipality determining which ones would be the -- the appropriate location to do the solicitation.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Rose.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Mulroe.

Yes.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Rose.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Mulroe.

It would give the municipalities, you know, a choice to -- you know, where they would put 'em, so that the charitable organization couldn't say, "I want that intersection and that's it." The municipality could say, "That's a dangerous intersection. We don’t want" -- "we think you should go to some other intersection or location."

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Rose.

PRESIDING OFFICER: (SENATOR SULLIVAN) Seeing no further discussion, Senator Mulroe, do you wish to close? Ladies and Gentlemen, the question is, -- shall House Bill 956 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 51 voting Aye, 1 voting Nay, 0 voting Present. House Bill 956, having received the required constitutional majority, is declared passed. Next up, we have House Bill 958. Senator McGuire. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McGuire. SENATOR McGUIRE: Thank you, Mr. President, Members of the Senate. House Bill 958 creates a progressive penalty system for repeat domestic battery offenders. The bill is identical to House Bill 4637, as amended, which passed out of this Chamber last year with 52 votes, but was not called for a concurrence vote in the House. I ask for an Aye vote, please.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 958 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. House Bill 958, having received the required constitutional majority, is declared passed. Next up, we have House Bill 963. Senator LaHood. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator LaHood. SENATOR LaHOOD: Thank you, Mr. President. House Bill 963 pertains to the Village of Ohio in my district. This extends the TIF district there from twenty-three years to thirty-five years. Be happy to 69  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 answer any questions. Thank you.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 963 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. House Bill 963, having received the required constitutional majority, is declared passed. Next up, we have House Bill 982. Senator Haine. Please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. I must read this. This is an initiative of the Department of Insurance. It's a -- involves a -- a technicality in the law and I have to read this for legislative intent. I would profoundly appreciate it if Senator Rose would not ask me any questions on it. House Bill 982 will make Illinois law consistent with the NAIC model regulations on variable annuities and variable contracts. This also aligns Illinois law with separate accounts laws in other states and, in addition, this will now make Illinois consistent with the standards this Legislature has adopted when we passed the interstate compact. Modernization of the law will allow 70  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 Illinois domestic insurance companies to be on a level playing field with companies domiciled in other states in regard to separate account products. Such as - one type of separate account product is a fixed annuity contract, typically a market value adjusted annuity, which holds assets in a separate account for that product. This allows companies to invest the assets in a way that is tailored for that contract. Another separate account is one that is filed with the Securities and Exchange Commission. This type of product is for a customer who owns a variable life insurance policy or a variable annuity contract and these assets are placed in a separate account, invested in specific sub-accounts chosen by the contract holder. All this bill does is modernize Illinois law to provide for equal treatment for our domestic companies on these types of products, relative to companies domiciled in other states. Thank you.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Haine. I think we've found a new occupation for you when you get done here. Think you could be an auctioneer. Ladies and Gentlemen, is there any discussion? Senator Syverson, for what purpose do you rise? Any other discussion? Senator Haine, do you wish to close? Ladies and Gentlemen, the question is, shall House Bill 982 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. House Bill 982, having received the required constitutional majority, is declared passed. House Bill 984. Senator Martinez. Out of the record. Senate {sic} Bill 986. Senator Althoff. Mr. Secretary, 71  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 please read the lady's bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Althoff.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Seeing none, the question is, shall House Bill 986 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 986, having received the required constitutional majority, is declared passed. House Bill 991. Senator Haine. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.

72  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is another initiative of the Department of Insurance, authorizing the Director to file a complaint in an order of rehabilitation or liquidation, pursuant to the provisions of the Code concerning grounds for rehabilitation and liquidation. It's been suggested by Senator Cunningham that I can hire out as one of these voices after the pharmaceutical ads, telling the side effects. So I'm going to take that -- take him up on that. I would ask for an Aye vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 991 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 991, having received the required constitutional majority, is declared passed. House Bill 1003. Senator Stadelman. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Stadelman.

Thank you, Mr. President, Members of the Senate. This simply amends the Wild -- Wildlife Code by exempting pure water as a form of baiting technique used to take wild turkey or white-tailed deer. 73  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 This is identical legislation that was approved by this Body several weeks ago. There's no opposition. I urge an Aye vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you very much. Ladies and Gentlemen, is there any discussion? Is there any discussion? The question is, shall House Bill 1003 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. House Bill 1003, having received the required constitutional majority, is declared passed. House Bill 1005. Senator Syverson. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Syverson.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Any discussion? If not, the question is, shall House Bill 1005 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? 74  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. House Bill 1005, having received the required constitutional majority, is declared passed. Next up is House Bill 1009. Senator Sandoval. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Sandoval.

Thank you, Mr. President. HB 1009 prohibits the issuance of a graduated driver's license to any minor under the age of eighteen for an applicant that has unresolved traffic citations. It's an initiative of the Secretary Jesse White. I ask a favorable vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 1009 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 1009, having received the required constitutional majority, is declared passed. House Bill 1013. Senator Harmon. Leader Harmon. Out of the record. House Bill 1020. Senator Link. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.

Mr. President, this amends the County Codes {sic} (Counties Code) by removing the requirement that buildings be residential and two stories or less in height to be eligible to be expanded {sic} to removal by the county board if they are continuing hazard to the community. I know of no opposition.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 1020 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 1020, having received the required constitutional majority, is declared passed. Next up is House Bill 1045. Senator Holmes. Out of the record. Ladies and Gentlemen, let's turn to the top of page 8 of the printed Calendar. On the Order of House Bills 3rd Reading is House Bill 1046. Senator Hunter. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter.

76  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 Thank you, Mr. President. 1046 allows for inmates to apply for Medicaid at any time prior to their release or discharge from an institution for the continuity of care for mental health -- mental health, as well as for behavioral health. And I'll ask for an Aye vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Senator Righter, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates she will. Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter.

Currently, the way the -- the -- the law is -- is set up is that they cannot apply for any kind of Medicaid services until after their release. And many of -- and these inmates, they -- they're presenting with serious and chronic medical issues, as well as behavioral health issues, and they need to apply prior to their discharge in order for them to get on -- on Medicaid to receive their medications.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter. 77  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter.

They do, but now we are finding that the -- the Medicaid offices are finding that thirty days is not enough, because you have shortages of all of the offices statewide and they need more time to allow for these persons to come in to apply. So they are -- so this -- what this bill will do is allow them to apply thirty days or earlier than their release.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter.

Their benefits do not kick in until after release, Senator.

PRESIDING OFFICER: (SENATOR SULLIVAN) 78  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter.

Senator Righter, while these persons are incarcerated, they are receiving the services that they are in need of; however, once they are -- once they are discharged, they have no medical care and they need their medications for whatever reason. And this also will reduce recidivism and it also will promote a continuity of care for these persons.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter.

Can you repeat your question, Senator Righter?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter, would you repeat that question, please?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter.

No.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter. 80  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013

Senator, the Department prioritizes their applications. Okay? So what happens is, if they are going to be -- if the -- if the inmates are going to be discharged a year from now, they are not going to apply right now, a whole year in advance. What we're trying to do is to reduce the amount of backlog at the Department by allowing these inmates to apply for Medicaid prior to their discharge. So if the Department feels as though -- if the person has applied for discharge already and they're incarcerated and the Department will know -- they'll know, based upon whatever the record indicates, of their date of discharge. So if they're still incarcerated, no, their -- their benefits will not kick in until after - until after they are discharged.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Syverson, for what point -- purpose do you rise?

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates she will yield for a question. Senator Syverson.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter.

No, you're in error, Senator. Medicaid will not pay for any incarcerated person and that is what the HFS manager articulated while in committee last week -- or earlier -- earlier this week or last week, whenever that was.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Syverson.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter.

That part is correct, Senator, but there is a fifty percent 82  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 Medicaid match for persons going in -- coming -- going into the jails. Oh! Only if they're receiving hospitalization services, yes. Outside -- outside of the jail, not while they're inside, but outside of the jail.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Syverson.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Further discussion? Senator Delgado, for what purpose do you rise?

Thank you, Mr. President. To the bill: As a member of the Human Services Committee, I, too, had an opportunity to discuss 83  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 this with the sponsor. I rise in support. I -- as -- we have many attorneys in here and many other professions have come here to the General Assembly. I want to speak from two points of view. In the child welfare system - we pointed this out in committee - prior to return home of a child to the family, we always make sure we want seamless transitional services, and that's for the purpose of making sure when we return home that mom and dad, whoever's at home with two or three other children, they're bringing another body home and we want seamless transitional services and you transition out at -- and a counselor does that work. Now, from a felony parole and probation level, we're talking about the prison system, and the way that was achieved when I became a member of the General Assembly was incorporating and making sure that the DPA had software that talks to the Department of Children and Family Services, so we would not interrupt the services and make sure that as long as all conditions were met to return home, that we were able to do so and not take it out on a person who was probably already on that Medicaid or Public Aid prior to being removed or incarcerated. So those two agencies talk to each other through the computer system. And, of course, they get a motor/voter -- and now let's go to the prison system, same principle. As you're ready to have an exit interview, your counselor, correctional counselor, will come to you and they will put that knowledge together for you and also where you're going to live, because your folks may not want you at that address. So if DPA would have software - and going down the road here, another bill - that would go ahead and talk to the Department, have seamless transitional services, then when mom or dad is coming home, there would not be an interruption. That is the least we 84  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 can do after they've paid their time and that's what this legislation really does. And I would stand in strong favor and ask all of you to give an Aye vote and make our systems operate the way they're supposed to, and that is seamless, and make sure that those transitional services are in place, for not only the person coming out of prison, but for those loved ones who they're coming home to, and not further create problems with that family structure. I would ask for an Aye vote, Mr. President.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Seeing no further discussion, Senator Hunter, do you wish to close? Senator Hunter.

Thank you, Mr. President. The intent of this legislation is to ensure continuity of behavioral and medical care in the community upon release from jails or prisons by making it possible for ex-offenders to go through an application process and an enrollment process in advance of release. And I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, the question is, shall House Bill -- excuse me, 1046 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 36 voting Aye, 16 voting Nay, 0 voting Present. House Bill 1046, having received the required constitutional majority, is declared passed. Next up on our Calendar, we have House Bill 1048. Senator Cunningham. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Cunningham.

Thank you, Mr. President. House Bill 1048 is a cleanup bill for the Secretary of State's Office. It streamlines administrative procedures, corrects errors and omissions, and clarifies some confusing statutory provisions by making three separate Acts consistent. Would be happy to answer any questions and I ask for the Chamber's support.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? I don’t see any. Ladies and Gentlemen, the question is, shall House Bill 1048 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 53 voting Aye, 0 voting Nay, 0 voting Present. House Bill 1048, having received the required constitutional majority, is declared passed. Next up, we have House Bill 1052. Senator Steans. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans. 86  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013

Thank you, Mr. President, Members of the Senate. This bill is an agreed bill, really compromise between the Illinois Society for the advanced practice nurses and the Med Society. It provides more authority for advanced practice nurses under their collaborative agreements by doing things like adding APN-provided services under MDs, generally that -- provided -- or may provide, like nurse practitioners can provide gynecological care, even if the physician may choose not to that they're operating under. It also allows for -- absent employment relationships, the -- the written collaborative agreement may not restrict the type of a third party reimbursement. So it allows the APNs to provide -- get Medicaid reimbursement. And it specifically states that an APN may provide -- may provide primary healthcare, so that it can be a -- determined to be a primary healthcare provider under MCOs. I would ask for an Aye vote and I don’t know of any opposition to the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Senator Haine, for what purpose do you rise?

I -- I wish to thank the sponsor of the bill and the Medical Association and the Illinois Nurses Association, all those who contributed to a very fine bill. We had another bill last Session which started us down this road and Senator Steans has avoided, I believe, a minefield with this bill. Thank you so much.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Seeing no further discussion, Ladies and Gentlemen, the question is, shall House Bill 1052 pass. All those 87  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 54 voting Aye, 0 voting Nay, 0 voting Present. House Bill 1052, having received the required constitutional majority, is declared passed. Next up, we have House Bill 1191. Senator Delgado. Out of the record. House Bill 1192. Senator Mulroe. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Mulroe.

Thank you, Mr. President and Members of the Senate. Currently, a municipality in a county with two million or more people must regulate and inspect retail food establishments unless that municipality is served by a local health district or enters into an intergovernmental agreement with the county where it -- it resides. House Bill 1192 permits that municipality to enter into an intergovernmental agreement with another local health district that serve -- would serve the entire municipality. This would apply when a -- a municipality does not want to create its own local health district or go through the county.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 1192 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all 88  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013 voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 54 voting Aye, 0 voting Nay, 0 voting Present. House Bill 1192, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, we are going to go to the Order of House Bills -- excuse me -- yes, House Bills 2nd Reading. House Bills 2nd Reading. With leave of the Body, we'll start with House Bill 163. It’s up on the board. Senator Link. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. With leave of the Body, we'll go to House Bill 167. Senator Link. Senator Link, on 167. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. House Bill -- with leave of the Body, let's go to House Bill 226. There it is. Senator Link. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. With leave of the Body, let's go to House Bill 1349. Senator Link. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. With leave of the Body, let's go to House Bill 1604. Let it come up on the board. Senator Link. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. With leave of the Body, let's go to House Bill 2480. Senator Link. Mr. Secretary, please read the bill. Mr. Secretary, my correction, should be House Bill 2488. It's up on the board. Mr. Secretary, please read the bill. 90  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 48th Legislative Day 5/9/2013

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. With leave of the Body, let's go to House Bill 2807. 2807, Senator Link. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Ladies and Gentlemen, we will now proceed to the Order of Resolutions Consent Calendar. With leave of the Body, all those resolutions read in today will be added to the Consent Calendar. Mr. Secretary, have there been any objections filed to any resolution on the Consent Calendar?

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion on the resolutions? If not, the question is, shall the resolutions on the Consent Calendar be adopted. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. On the Order -- on the Order of Resolutions is Senate -- Joint Resolution 37. Mr. Secretary, please read the resolution.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Clayborne moves to suspend the rules for the purpose of the immediate consideration and adoption of Senate Joint Resolution 37. Those in favor will say Aye. Opposed, Nay. The Ayes have it, and the -- and the rules are suspended. Senator Clayborne moves for the adoption of Senate Joint Resolution 37. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Pursuant to Senate Joint Resolution 37, there being no further business to come before the Senate, the Senate stands adjourned until the hour of 12 noon on the 14th day of May, 2013. The Senate stands adjourned. 92