Pursuant to the directive of the Senate President, the regular Session of the Senate is now in perfunctory Session. Communication from the President. Dear Mr. Secretary - Pursuant to Rule 2-10, I am scheduling a perfunctory Session to convene on Tuesday, May 28th, 2013. Sincerely, John J. Cullerton, Senate President. Messages from the House. A Message from the House by Mr. Mapes, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 26. Together with the following amendments which are attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendments 1 and 3 to Senate Bill 26. We have received like Messages on Senate Bill 1470, with House Amendments 1 and 2; Senate Bill 1848, with House Amendment 1; Senate Bill 1872, with House Amendment 1; Senate Bill 2266, with House Amendments 3 and 4. Passed the House, as amended, May 27th, 2013. Timothy D. Mapes, Clerk of the House. Correction: That was Senate Bill 1843, with House Amendment 1, not 1848. This perfunctory Session stands at recess to the call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES) 1 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013
Perfunctory Session will come to order. Committee Report. Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to Criminal Law Committee - Motion to Concur on House Amendment 1 and 2 to Senate Bill 1192, Motion to Concur on House Amendment 3 to Senate Bill 1764, Motion to Concur on House Amendment 1 to Senate Bill 1843, Motion to Concur on House Amendment 1 to Senate Bill 1872, Motion to Concur on House Amendment 2 to Senate Bill 1852, Motion to Concur on House Amendment 1 to Senate Bill 2380; refer to Education Committee - Floor Amendment 1 to House Bill 2213, Motion to Concur on House Amendment 1 to Senate Bill 1307, Motion to Concur on House Amendment 1 to Senate Bill 1931; refer to Energy Committee - Floor Amendment 1 to House Bill 2753; refer to Executive Committee - Floor Amendment 4 to House Bill 183, Floor Amendment 2 to House Bill 2418, Floor Amendment 1 to House Bill 2869, Floor Amendment 3 to House Bill 3006, Floor Amendment 2 to House Bill 3080 {sic}, Motion to Concur on House Amendment 1 and 3 to Senate Bill 26, Motion to Concur on House Amendment 1 to Senate Bill 1621, Motion to Concur on House Amendment 1 and 2 to Senate Bill 1639, Motion to Concur on House Amendment 1 to Senate Bill 1884, Motion to Concur on House Amendment 1 and 2 to Senate Bill 2193, Motion to Concur on House Amendment 3 and 4 to Senate Bill 2266; refer to Human Services Committee - Motion to Concur on House Amendment 1 to Senate Bill 626, Motion to Concur on House Amendment 1 to Senate Bill 1197; refer to Judiciary Committee - Floor Amendment 2 to House Bill 3390, Motion to Concur on House Amendment 1 to Senate 2 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 Bill 10 -- -- 1044, Motion to Concur on House Amendment 1 to Senate Bill 1565; refer to Licensed Activities and Pensions Committee - Floor Amendment 1 to House Bill 2767, Motion to Concur on House Amendment 1 to Senate Bill 1655, Motion to Concur on House Amendment 1 and 2 to Senate Bill 1921; refer to Local Government Committee - Motion to Concur on House Amendment 1 to Senate Bill 1456; refer to Transportation Committee - Committee Amendment 1 to House Bill 3229, Motion to Concur on House Amendment 1 to Senate Bill 1530; Be Approved for Consideration - Motion to Concur on House Amendment 1 and 2 to Senate Bill 1515, Motion to Concur on House Amendment 1 to Senate Bill 1775. Signed, Senator James F. Clayborne, Chairman. A correction on measures referred to Executive Committee: Floor Amendment 2 to House Bill 3088. Committees will be meeting. Executive Committee will meet in Room 212 at 10:50 a.m. Licensed Activities and Pensions will meet in Room 400 at 10:50 a.m. There being no further business to come before this perfunctory Session, pursuant to the directive of the Senate President, the Senate stands adjourned until Tuesday, May 28th, 2013, at the hour of 12 noon, or until the call of the President. Perfunctory Session stands adjourned.
PRESIDING OFFICER: (SENATOR LINK) The regular Session of the 98th General Assembly will please come to order. Will our Members please be at their desk? Will our guests in the galleries please rise? The invocation today will be given by Paula Gentry, Athens Christian Church, Athens, Illinois.
(Prayer by Pastor Paula Gentry) 3 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013
PRESIDING OFFICER: (SENATOR LINK) Please remain standing for the Pledge Allegiance. Senator Jacobs.
(Pledge of Allegiance, led by Senator Jacobs)
PRESIDING OFFICER: (SENATOR LINK) Mr. Secretary, Reading and Approval of the Journal.
Senate Journal of Monday, May 27th, 2013.
PRESIDING OFFICER: (SENATOR LINK) Senator Hunter.
Mr. President, I move to postpone the reading and approval of the Journal just read by the Secretary, pending arrival of the printed transcript.
PRESIDING OFFICER: (SENATOR LINK) Senator Hunter moves to postpone the reading and approval of the Journal, pending the arrival of the printed transcript. Being no objection, so ordered. Mr. Secretary, Resolutions.
Senate Resolution 338, offered by Senator Koehler. It is substantive, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) Mr. Secretary, Committee Reports.
Senator Collins, Chairperson of the Committee on Financial Institutions, reports Motion to Concur: House Amendment 1 to Senate Bill 1829 Recommend Do Adopt. Senator Forby, Chairperson of the Committee on Labor and 4 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 Commerce, reports Motion to Concur: House Amendment 1 to Senate Bill 2184 Recommend Do Adopt. Senator Haine, Chairperson of the Committee on Insurance, reports Motion to Concur: House Amendment 1 to Senate Bill 1194 Recommend Do Adopt. Senator Hutchinson, Chairperson of the Committee on Revenue, reports Motion to Concur: House Amendment 2 to Senate Bill 1801 Recommend Do Adopt. Senator Martinez, Chairperson of the Committee on Licensed Activities and Pensions, reports Motion to Concur: House Amendment 1 to Senate Bill 1655 Recommend Do Adopt; and Senate Amendment 1 to House Bill 2767 Recommend Do Adopt. Senator Harmon, Chairperson of the Committee on Executive, reports Motions -- Motions to Concur: House Amendment 1 to Senate Bill 26, House Amendment 3 to Senate Bill 26, House Amendment 1 to Senate Bill 1621, House Amendment 1 to Senate Bill 1639, House Amendment 2 to Senate Bill 1639, House Amendment 1 to Senate Bill 1884, House Amendment 3 to Senate Bill 2266, House Amendment 4 to Senate Bill 2266; and Senate Amendment 4 to House Bill 183, Senate Amendment 2 to House Bill 2418, Senate Amendment 1 to House Bill 2869, Senate Amendment 3 to House Bill 3006, and Senate Amendment 2 to House Bill 3088 Recommend Do Adopt.
PRESIDING OFFICER: (SENATOR LINK) Mr. Secretary, Appointment Messages. Will all Members at the sound of my voice come to the Floor as -- immediately? We are going to Concurrences. All Members at the sound of my voice please come to the Senate Floor. We are going to Concurrences. Senator McCann, for what purpose do you rise? SENATOR McCANN: 5 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 For a point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) State your point. SENATOR McCANN: I have several guests here with me. I have a -- a -- a group of young people who well represent the 50th District. I have here Sam Schatteman. He is the son of Joe Schatteman. Many of you know, Joe works for the Illinois Municipal League and joins us over here in the gallery on the Republican side. Sam is going into the fifth grade in Chatham. He loves PE. That's his favorite subject and he's a great bowler. He is a phenomenal bowler. He can bowl a higher score in one game than I can in three put together, so he is phenomenal. I also would like to introduce my daughter, Katie Grace, who is five, and my son, Trayton, who is ten. So I hope you'll join me in welcoming them here to Springfield.
PRESIDING OFFICER: (SENATOR LINK) I see they take after their mother. Mr. Secretary, Appointment Messages.
Appointment Message 231 To the Honorable Members of the Senate, Ninety-Eighth General Assembly: I, Jesse White, Secretary of State, am nominating and, by and with the advice and consent of the Senate, appointing the following named individual to the office enumerated below. The advice and consent of this Honorable Body is respectfully requested. To be the Member -- to be a Member and Chair of the Secretary of State -- Merit Commission: 6 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 Ferdinand P. Serpe Annual Compensation: Determined by the Secretary of State
PRESIDING OFFICER: (SENATOR LINK) Senator Martinez, for what purpose do you rise?
For a point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) State your point.
Today, in the gallery, I have with me one of my elementary schools that's in my district and I also have one that's on the south side. I want to be able to have the Senate welcome Namaste Elementary School and ASPIRA-Haugan Campus Middle School, who are right here in the gallery behind me.
PRESIDING OFFICER: (SENATOR LINK) Welcome to Springfield. Senator LaHood, for what purpose do you rise? SENATOR LaHOOD: Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR LINK) State your point. SENATOR LaHOOD: Thank you, Mr. President. I'm joined by a special guest today that's my honorary Page and his name is Brett Haslett. Brett is from Peoria. He attends Richwoods High School, where he's a senior. His parents are Larry and Rhonda Haslett. And Brett is accompanied today by his grandfather, Ned Pendleton, and his girlfriend, Kassie Douglas. Brett's hobbies include soccer, baseball, and FIRST Robotics. And he also has a history in -- has 7 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 a interest in history and enjoys politics and government. And I would ask Springfield to give him a warm welcome, and also his grandfather and girlfriend. Thank you.
PRESIDING OFFICER: (SENATOR LINK) Welcome to Springfield. Senator Barickman, for what purpose do you rise?
Mr. President, a point of personal privilege.
PRESIDING OFFICER: (SENATOR LINK) State your point.
Mr. President, I'm joined today by Jill Weathers, my district office manager, and also by a future politician here, Aiden Weathers. Just graduated third grade. He's nine years old and he intends to become the President of the United States. I thought he should stop here first. Please join me in welcoming them to Springfield.
PRESIDING OFFICER: (SENATOR LINK) We know how State Senators stop here first to become President. With leave of the Body, we will go to page 9, House Bills 2nd Reading. House Bill 2943. Senator Morrison. Senator -- Mr. Secretary, please read the bill.
House Bill 2943. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. We are now moving the Senate bills for 8 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 concurrence. This is final action. All Members on the Floor, please. With leave of the Body, we'll skip over Senate Bill 206. Jim Mastri, WLS-TV, Chicago, seeks permission to video the Session. Seeing no objection, permission is granted. Senate Bill -- Senator Althoff, for what purpose do you rise?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) State your point.
Thank you very much. I appreciate the consideration. I, too, have two very, very lovely guests with me today. They just happen to be not only lovely and smart, but they're sisters. I have with me, Cara, who is seventeen, attends Wauconda High School. She received a thirty-four on her ACT test, wants to go and study forensic science and ultimately be - I can't believe I'm saying this - an attorney. I also have her sister, Dana, who is fourteen, will soon be fifteen. Also attends Wauconda High School. She is a 4.0 sophomore and she likes to draw and she's an athlete, soccer and softball. And they are here with their father, who is a longtime friend of mine, Brett Postl. Can we give the girls and their father a nice round of applause and welcome to…
PRESIDING OFFICER: (SENATOR LINK) Welcome to Springfield. Senate Bill 1210. Leader Silverstein. Mr. Secretary, please read the bill -- the motion.
I move to concur with the House in the adoption of their Amendment 1 to Senate Bill 1210. Signed, Senator Silverstein. 9 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013
PRESIDING OFFICER: (SENATOR LINK) Senator Silverstein, on your motion.
Thank you, Mr. President. This corrects an oversight with reference to the Humans Right {sic} (Human Rights) Act, we -- which we oversighted {sic} -- we didn't catch when it went over to the House. It just corrects that one error.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Senator Righter, for what purpose do you rise?
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR LINK) He indicates he will.
Senator Silverstein, we -- I haven't seen the amended language as it came back from the House. I do know that we were pretty careful in going over what I thought was a -- a negotiated agreement from the original introduced bill. Can you tell me exactly what the House found that they believe was an error and corrected it?
PRESIDING OFFICER: (SENATOR LINK) Leader Silverstein.
We -- we had a -- there was a question regarding the word "housing status". There was a definition that we -- we did not put in there.
PRESIDING OFFICER: (SENATOR LINK) Senator Righter. 10 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013
As the bill -- as your motion stands before the Chamber now, does it still only create the new cause of action for individuals who were discharged solely because they became homeless, as opposed to -- I mean, your original bill had a -- had a new cause of action and it also created a right under the Human Rights Act and I think - the second one - which we got rid of. And I want to make sure that we're still in that position now.
PRESIDING OFFICER: (SENATOR LINK) Leader Silverstein.
The answer is yes. And just let me clarify: Under the definition of "housing status", we referenced the Humans {sic} Rights Act - we took that out. But your answer is yes.
PRESIDING OFFICER: (SENATOR LINK) Is there any further discussion? Senator -- Leader Silverstein, to close. The question is, shall the Senate concur on the House Amendment 1 to Senate Bill 1210. 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 48 Ayes, 7 Nays, none voting Present. Having received the required constitutional majority, the Senate does concur with House Amendment 1 to Senate Bill 1210. The bill is declared passed. Senate Bill 1430. Senator Syverson. Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 2 to Senate Bill -- 1430. Signed, Senator Syverson. 11 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013
PRESIDING OFFICER: (SENATOR LINK) Senator Syverson, on your motion.
Thank you, Mr. President. The House just made some clarifications that was a -- as a request of the municipalities, and it just clarified the -- that it was -- that -- that this doesn't change the debt ceiling. And this passed unanimously. Know of no opposition of this. Thank you.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall the Senate concur with House Amendment 2 to Senate Bill 1430. All those in favor will vote Aye. Opposed, Nay. The voting is open. All voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, 2 Nays, none voting Present. Having received the required constitutional majority, the Senate does concur with House Amendment 2 to Senate Bill 1430, and the bill is declared passed. Senator Murphy, for what purpose do you rise?
A real point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) State your point.
I'd like to introduce my Page for today, Madison Bentz, from Cary. She's in -- freshman at Cary-Grove High School, on the high honor roll. She plays softball and wants to go to college, enter the teaching field and work with special education kids. So if you would all please give a welcome. Her grandparents, Paulette and Don Neri, are in the President's Gallery. If you'd give them 12 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 all a nice Senate welcome.
PRESIDING OFFICER: (SENATOR LINK) Welcome to Springfield. Senator Brady, for what purpose do you rise?
Also a point of personal privilege.
PRESIDING OFFICER: (SENATOR LINK) State your point.
Thank you, Mr. President. Ladies and Gentlemen of the Senate, I'd like to introduce Gabe Walder, who is a resident of Mahomet, Illinois. He's a Illinois State University grad student and he's interning in my office over the summer. Please join me in welcoming him.
PRESIDING OFFICER: (SENATOR LINK) Welcome to Springfield. Senator Rose, for what purpose do you rise?
A point of personal privilege, if I may.
PRESIDING OFFICER: (SENATOR LINK) State your point.
In defense of everybody from Mahomet, it is Mahomet, Illinois, not Mohomed, Illinois. But I would welcome my constituent here, who is -- mother is very good friends with my wife, so we're glad you're here today. Thank you.
PRESIDING OFFICER: (SENATOR LINK) Senator Brady, for rebuttal.
13 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 Please let the distinguished gentleman from Champaign County know that he has a listening problem.
PRESIDING OFFICER: (SENATOR LINK) Senator Jones, for what purpose do you rise?
Thank you, Mr. President. Purpose of announcement.
PRESIDING OFFICER: (SENATOR LINK) State your announcement.
Everyone's been asking when the three Democrats on this side are having a birthday party - Senator Lightford, Senator Hutchinson and myself. Well, it's today, immediately following Session at Catch 22. And also I would like to send a birthday shout-out to Senator Brady. His birthday is on May 15. Happy belated birthday, Senator.
PRESIDING OFFICER: (SENATOR LINK) If you're buying, Senator Jones, we may adjourn early. Senator Frerichs, for what purpose do you rise?
I rise in defense of my colleague from Champaign County. I also was listening. I heard Mohomed as well. As someone who once represented the good people of Mahomet, I want to defend them as well.
PRESIDING OFFICER: (SENATOR LINK) Senator Brady, for a seconding of your rebuttal.
Happening to be an athlete from Bloomington Central Catholic High School, who played Mahomet - t - a number of times and was victorious, I've been there several times and we're way -- well 14 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 acquainted with the folks there.
PRESIDING OFFICER: (SENATOR LINK) The city appreciates the announcements. Senate Bill 1598. Senator Hunter. Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 2 to Senate Bill 1598. Signed, Senator Hunter.
PRESIDING OFFICER: (SENATOR LINK) Senator Hunter, on your motion.
The amendment is the final product of negotiations between the proponents and law enforcement agencies on the issue of racial data collection. The amendment provides the reduced points of contact at which racial and ethnic data shall be collected and allows law enforcement agencies to collect the information through current practices. The amendment also changes the effective date from {sic} January 1, 2015, to allow time for implementation.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall the Senate concur with House Amendment 2 to Senate Bill 1598. 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 57 Ayes, no Nays, none voting Present. Having received the required constitutional majority, the Senate concurs with House Amendment 2 to Senate Bill 1598, and the bill is declared passed. Senate Bill -- Senate Bill 1609. Senator Koehler. Mr. Secretary, please read the motion. 15 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1609. Signed, Senator Koehler.
PRESIDING OFFICER: (SENATOR LINK) Senator Koehler, on your motion.
Yes, House Amendment No. -- thank you, Mr. President and Members of the Senate. House Amendment No. 1 makes a technical change to further clarify that the threat to a human service provider must be conveyed because of performance or nonperformance as -- of duty as a human service provider, instead of toward the human service provider acting in his or her capacity. It's a technical amendment. I'd appreciate a -- a Aye vote.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall the Senate concur with House Amendment 1 to Senate Bill 1609. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. Having received the required constitutional majority, the Senate concurs with House Amendment 1 to Senate Bill 1609. The bill is declared passed. Senate Bill 1640. President Cullerton. Out of the record. Senate Bill 1862. Senator Rose. Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1862. Signed by Senator Rose. 16 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013
PRESIDING OFFICER: (SENATOR LINK) Senator Rose, on your motion.
Thank you, Mr. President. The House amendment simply reintroduces Metropolitan Enforcement Groups to this legislation, which is consistent with the underlying bill. They were in the underlying bill and they should be in this bill. We had inadvertently left them out in the original Senate version, so we're fine with it, and it did pass, I believe, unanimously.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall the Senate concur with House Amendment 1 to Senate Bill 1862. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. Having received the required constitutional majority, the Senate concurs with House Amendment 1 to Senate Bill 1862, and the bill is declared passed. Senate Bill 1908. Senator Barickman. Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 1908. Signed by Senator Barickman.
PRESIDING OFFICER: (SENATOR LINK) Senator Barickman, on your motion.
Mr. Speaker {sic}, as sent over from the House, the bill was amended twice. One was a -- to address a drafting error. The 17 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 second amendment was to make this legislation not prescriptive to the municipalities, but allows them to adopt that if they wish. I'd ask to adopt the -- the motion.
PRESIDING OFFICER: (SENATOR LINK) Senator Barickman, we're talking to Parliamentarian. You got three strikes already. Is there any discussion? Is there any discussion? Seeing none, the question is, shall the Senate concur with House Amendments 1 and 2 to Senate Bill 1908. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. Having received the required constitutional majority, the Senate concurs with House Amendments 1 and 2 to Senate Bill 1908. The bill is declared passed. Senate Bill 1923. Senator Raoul. Out of the record. Senate Bill 1930. Senator Bertino-Tarrant. Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1930. Signed by Senator Bertino-Tarrant.
PRESIDING OFFICER: (SENATOR LINK) Senator Bertino-Tarrant, on your motion.
Thank you, Mr. President, Members of the Senate. My first bill becomes my last, and this simply offers a repeal date of the park commissioners land sale for a five-year repeal date of December 31st, 2018. I ask for a Yes vote.
PRESIDING OFFICER: (SENATOR LINK) There's all sorts of lights on there. Is there any 18 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 discussion? Seeing none, the question is, shall the Senate concur with House Amendment 1 to Senate Bill 1930. 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 57 Ayes, 1 Nay, none voting Present. Having received the required constitutional majority, the Senate concurs with House Amendment 1 to Senate Bill 1930. The bill is declared passed. Senate Bill 1940. Senator Bivins. Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1940. Signed by Senator Bivins.
PRESIDING OFFICER: (SENATOR LINK) Senator Bivins, on your motion.
Thank you, Mr. President. House Amendment to -- No. 1 to Senate Bill 1940 changes the effective date to 2016, allowing the Secretary of State time to implement the Act.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall Senate concur with House Amendment 1 to Senate Bill 1940. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. Having received the required constitutional majority, the Senate concurs with House Amendment 1 to Senate Bill 1940. The bill is declared passed. Senator Biss, for what purpose do you rise? 19 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013
A point of personal privilege, if I might.
PRESIDING OFFICER: (SENATOR LINK) State your point.
Members of the Senate, I'd like to introduce you to my Page for the Day, Steven Milsk, from New Lenox. You may know one or both of his parents, Phil Milsk and Mary Dixon. Steven is here for the day from Liberty Junior High in New Lenox. He's a fan of sports, including hockey and baseball. I'm particularly excited about his fondness for mathematics, although he also likes science and history, which we're happy with as well. And he looks forward to a career in health services. I hope you can join me in welcoming him to the Senate today.
PRESIDING OFFICER: (SENATOR LINK) Welcome to the Senate. Senate Bill 2101. Representative Barickman. Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 2 to Senate Bill 2101. Signed by Senator Barickman.
PRESIDING OFFICER: (SENATOR LINK) Senator Barickman, on your motion.
Thank you, Mr. President. Senate Bill 2101, as it comes back from the House, includes a cap on the penalties to the manufactured homes and also creates an immunity for the mobile home parks to be immune from certain lawsuits. Ask for a Yes vote on the motion.
PRESIDING OFFICER: (SENATOR LINK) 20 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 Is there any discussion? Seeing none, the question is, shall the Senate concur with House Amendment 2 to Senate Bill 2101. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. Having received the required constitutional majority, the Senate concurs on House Amendment 2 to Senate Bill 2101. The bill is declared passed. Senate Bill 2199. Senator Frerichs. Out of the record. House -- Senate Bill 2233. Senator Raoul. Out of the record. We're going to Supplemental Calendar No. 1. This is final action. Senate Bill 26. Senator Steans. Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendments 1 and 3 to Senate Bill 26. Signed by Senator Steans.
PRESIDING OFFICER: (SENATOR LINK) Can -- can we keep the noise down, please? This is final action. Senator Steans.
Yes, thank you, Mr. President and Members of the Senate. This bill is -- helps us enact sort of the cornerstone of President Obama's agenda, fully implementing the Affordable Care Act. This is the Medicaid expansion bill. We already passed this in the Senate. It's now back for concurrence from the House. So the underlying bill will provide additional health care coverage under Medicaid to three hundred and forty-two thousand people in the State of Illinois. This is -- we were given an unprecedented opportunity to get this -- prevent -- these -- this group of 21 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 individuals, single adults, under a hundred and thirty-eight percent of the federal poverty level, to get them preventative, routine, and coordinated care, who -- for folks who now have no options other than ending up in expensive emergency rooms, where the care is uncompensated. The federal offer is a great deal. It's paid for a hundred percent for the first three years and then tailored down -- tapered down to ninety percent over the next three years. It's actually, in addition, an opportunity for counties, local governments, community hospitals in the State to save money, an estimated a hundred and five million annual reduction on General Revenue Fund expenditures, and more than nine hundred million in previously uncompensated care during the next eight years. Now, in addition to that underlying bill, the changes -- there's a number of changes that were put in the amendments from the House. And I'll divide those up into four different sections. First, it was rewriting the Specialized Mental Health Rehabilitation Act, or SMHRF law. These are providing the ability for what's previously known as institutes of mental disease the ability to transform themselves into more places where they can be in recovery mode and connect to community partners to provide mental health care. They want to be able to start pilots, for example, to take folks out of Cook County jail and to provide mental health care coverage for them in these facilities. They're going to have to get nationally accredited to become these facilities and meet rules that will be put in place by the Department of Public Health. The second piece of this, in addition to the underlying Medicaid expansion, is changes that were made to the SMART Act. We have -- in the SMART Act, we had set up -- a income cap limit on providing coverage for medically fragile/tech dependent children. We're removing that 22 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 income cap, but keeping in place the cost-sharing alternatives. We're also allowing medical assistance clients with diagnosis of epilepsy or seizure disorder to not be subject to the prior authorization requirement for anticonvulsant prescriptions. We've also broadened what will be covered under adult dental emergency care to include services for the health of a pregnant woman, extractions and dentures, and these types of things. We're also putting in place a requirement that for wheelchairs to get repaired, they have to be able to do the prior auth within one business day and cost -- repairs under four hundred dollars will not have to go through the prior authorization process. We also had put in place in the SMART Act a bed -- no longer paying bed holds for ICF/DDs. That's no longer -- we are amending that policy so there's only bed holds if the person -- if individual is going to facility, but not when the client is visiting his or her family. So, a third part of this bill, then, is a change to the care coordination language to enable hospital provider-led groups to have the opportunity to apply, through an RFP process that -- HFS will put in place, to take -- provide coverage for family and childs {sic} and their families under the Medicaid program. And the hospitals wanted this. They wanted the opportunity themselves to provide this care coordination for this population. So we're putting in place a requirement that HFS do the solicitation for hospital provider groups before they turn it over to other MCO groups. And, finally, there was an agreement between the various nursing home groups on how to implement our new RUGs system, our nursing home reimbursement system, that moves to acuity based on the level of care needed for the patient. There's an agreement here that now implements that methodology over two years. So, I 23 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 would -- I will stop there and be happy to answer any questions we might have on this bill. There's a lot to it. And, again, I think this is incredibly important to be able to provide health care coverage for three hundred and forty-two thousand people across the State.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none -- no. Senator Righter, for what purpose do you rise?
You had me worried, Mr. President. To the bill, if I -- to the motion, excuse me, if I might.
PRESIDING OFFICER: (SENATOR LINK) To the motion.
Thank you, Mr. President, Ladies and Gentlemen of the Chamber. There is no question that the House amendments that have come back, 1 and 3, in Senate Bill 26 have a lot of stuff in 'em. And the Senator ably explained all of them, and I'm sure that if there are questions later, she'll dive into those with great detail. But regardless of what was added in the House, the focal point of this bill remains the same as it did when it left this Chamber, and that is the open-armed bear hug of an embrace that we are going to get to Obamacare. The Supreme Court did us a huge, huge favor last year and said that despite its effort to the contrary, that this part of the Obamacare legislation - to allow so many more new people onto a program that here in Illinois we can't possibly pay for right now - could not be mandatory by the federal government. In the last two years, this General Assembly, reluctantly in some quarters, has taken two very important steps forward in Medicaid 24 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 reform, in reigning in a program that has become by far the largest spender in this State's budget, and according to the preliminary numbers, a program that has been wildly mismanaged with the number of people who are on the Medicaid program who don't fit the criteria. Now, for most, that would set up a scenario by which you'd look at something like this and say, "Well, this doesn't sound like a good idea." We already have budget troubles, and this bill will cost us an additional three billion dollars over five years, which we're not too sure where that's going to come from. But even if it didn't cost us any -- or much more, we can't pay for the program already. We're still working on bringing the program under control. Only in Springfield - I would suggest that many of our constituents would conclude - only in Springfield would we take a program that has been mismanaged and is unaffordable and say, "You know what? Let's put a lot more people in it and let's add a lot more cost to it." Life is full of second chances, Mr. President, and while not everyone gets a second chance, particularly in public service, this is the Senate's second chance to kind of grab hold of the reins of what has become an out-of- control and unaffordable program and bring it back in by rejecting - by rejecting - this massive expansion of the Medicaid program. Please vote No on the motion. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) Senator Dillard, for what purpose do you rise?
Thank you, Mr. President. In opposition to the bill. This is pretty simple and we should vote No for two reasons. First of all, this is a three-billion-dollar balloon note to expand welfare. And, secondly, this just guarantees that your sixty-seven percent 25 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 income tax increase becomes permanent. We cannot afford this. Other states have rejected it. We should reject it too. Thank you.
PRESIDING OFFICER: (SENATOR LINK) Senator Sandoval, for what purpose do you rise?
Purpose of the bill, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) State your point.
To the bill: Ladies and Gentlemen of the Senate, I reluctantly state that this is a historic moment for poor people in Illinois. And the work that Senator Haines {sic} has embarked on over the last few years as a State Senator is to be admired. But I can't say that of the administration of Pat Quinn, nor the Director of HFS, Julie Hamos, who's been a disgrace to public service, particularly to the poor - poor blacks, poor Latino and poor downstaters. Senate Bill 26 is a tremendous move in the right direction in providing basic rights and guarantee to poor people in Illinois. Expanding Medicaid, though, requires HFS, Julie Hamos, Pat Quinn to be responsible. It's a wakeup call for HFS to establish a renewed relationship with the Legislature. I've never met this administrator, this leader, who made her entire career as a politician increasing Medicaid. They say around here, larding up Medicaid. There wasn't a Medicaid program that she didn't like. She made her entire career defending the poor, putting out mailers, getting awards, being the Florence Nightingale of Illinois. Maybe…
PRESIDING OFFICER: (SENATOR LINK) Senator -- Senator Sandoval, to the -- to the motion, please. 26 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013
Well, Mr. President, to the motion, it's -- I am speaking to the bill. The people who run the system, you know, that's what Senate Bill 26 is all about, our lack of trust and a willingness, you know, our willingness to work with her and educate her on how to take care of poor people in Illinois. And that's what Senate Bill 26 is going to do - take care of more poor people, more poor blacks, poor Latinos and poor whites. But there remains a prevalent problem with Senate Bill 26. You know, as much as we think that this bill may be a savior, an added savior, safety net to poor people, let me remind you, Senator Steans, to tell your friends up on the second Floor, that in my community and Emil Jones' community and Dave Koehler's community, we don't have docs. You know why? Because Medicaid pays them less than if they were to serve the people in Schaumburg, in Hoffman Estates, in Highland Park, and many other more prosperous communities. That's where they're going to serve people - the likelihood of the happening - not in my community of La Villita or Englewood or Peoria or Decatur. You know, I -- I want to invite -- as we move on passing this historic piece of legislation, I want to invite Governor Quinn, Director Hamos, Sara Feigenholtz, the State Representative, Senator Steans to visit La Villita, to visit Englewood, to visit how people on the other side of the tracks live and struggle day in and day out in hopes that Senate Bill 26 is a move in the right direction and not necessarily just, you know, a wolf in sheep's clothing. We need to ensure that, especially, particularly, that this agency, as a result of Senate Bill 26, because the bill is silent in regards to prohibiting Julie Hamos and this administration of moving towards throwing everyone on HMOs. Let 27 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 me remind you that HMOs -- every dollar that goes to an HMO is a federal dollar that we won't receive here in Illinois. That's a billion dollars. We need to -- and that billion dollars was worked on so hard by many of us here to ensure that hospitals and the poor are going to be serviced in La Villita, in Englewood, and in downstate Illinois. We -- not need to lose the federal dollars that come to poor communities. And that's what HMOs have and will do to our communities, put us in a very poor and disadvantaged position. We've -- we've got to move to ensure that there are docs in our communities. In my community, Senator Steans, people go to the ER. The poor go to the ER, ‘cause that's their primary doctor, because there are no doctors in the community. There's only a hospital, St. Anthony's, and an FHQC {sic} (FQHC). That's all they have. They have to go to the ER, our psych patients, people with mental illness. They have to go to the ER. You know why they have to go to the ER? Because this administration has shut down all the psych wards and units in the entire State. They've been shutting down psychiatric hospitals. Where are they to go, except to the ER? Fellow Democrats, you need to stay strong on a basic purpose, why many of us are here, and that is to protect the poor, the poor that live in our communities in Englewood, in Little Village, on the north side of Chicago, and in downstate Illinois. People are suffering today. If HMOs -- if Medicaid HMOs are good for Pat Quinn and Julie Hamos and Sara Feigenholtz and Heather Steans, then I'll live with it. But if they're not, they should have no place in the lives of poor people in Illinois. I'd ask a favorable vote. But I also ask for Members of this caucus to really stand up and be counted today, because there is always a possibility, as has been the case over the last two years, 28 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 that we will continue to disenfranchise by enabling an administration that doesn't care about poor people in our communities.
PRESIDING OFFICER: (SENATOR LINK) Senator Trotter, for what purpose do you rise?
Thank you very much, Mr. President and Members of the Senate. I rise basically to comment on my opposition to this bill. And my opposition is a little bit different than others, ‘cause I don't think this is about poor people. This bill is about vulnerable people - people who will, because of a -- a health care system that's broken, become poor. But we're talking about the profoundly disabled. We're talking about the mentally ill. We're talking about the sickest of the sickest here in our State, who many were -- were born that way. And as a consequence of dismantling our mental health system last year, and a concerted effort was to do that, and also to dismantle those homes that these individuals had for the profoundly disabled, we have made things worse. My opposition is because it doesn't go far enough to protect them, which I believe is our mission as a State, as a humane people, to ensure that those individuals do have the resources, do have the assistance that they need to get things done. And -- and to prove this isn't about the poor, in this bill, we put in 48.6 million dollars for the medically fragile/technologically dependent individuals, families who are five hundred percent over the federal poverty line, families that make over a hundred thousand dollars a year, to ensure that they have services, nursing -- twenty-four- hour nursing services in their homes. That's not taking care of those individuals who do not have any kind of dental services, no 29 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 kind of prevention for their dental services. Yes, we do look at, in the bill, and I've -- I've -- I've heard and I've been told that we have -- if you have cancer and you need your denture -- your teeth removed, we will remove your cancerous gums and -- and give you some dentures, but nothing -- nothing to help anyone else who may not be in that status yet to get it. We have taken dollars out of this bill and -- and relooked at the psychotropic drugs, which individuals say they need just so they can maintain some semblance of a regular human existence. You know, we have taken dollars and looked at those individuals who -- who are -- are grappling with, one, just trying to go one day at a time to get to work, taking away dollars for wanting them -- the replacement of their wheelchairs and -- and for parts of it. They asked -- the Department wanted to give two hundred dollars. They asked the providers what they need. The provider said, we need five hundred dollars at least. So that way there'd be a -- a smooth transition for me getting tires on my wheelchair so I can go to work, so I can live a normal or a semblance of a normal life, or I need pillows so I can fix my curved spine, so I can sit up and do some work and -- and be as normal as I can be. That -- those dollars, they're not there. They said, you need five hundred, we'll give you four hundred. But you gave 48.6 million dollars to people who make over a hundred thousand dollars a year so they can take care of their children at home. No, this -- this bill just doesn't go far enough. And -- and when I asked the question in committee, why do we have to do it today, when there were discussions to take care of some of these things, there was really no clear answer. There's no reason why we have to do this today and not fix some of those things that we maybe wrongly and -- and unknowingly broke 30 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 last year when we were -- basically had an attack on the profoundly disabled and -- and the sickest of the sick. So, at this time, again, my hesitancy, as just articulated, is there, and I would like to see everyone vote No on this until we get it at least halfway correct.
PRESIDING OFFICER: (SENATOR LINK) Senator Hunter, for what purpose do you rise?
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) To the motion.
To the motion. Thank you. Obviously, there are some major issues that exist between the administration and my colleagues here. I'd like to commend the sponsor for pushing forth this measure. Poor people need health care as well. As we all know, poverty has increased drastically throughout the entire State of Illinois, more so downstate. As Senator Trotter very clearly articulated, we cut a tremendous amount of dollars out of the Medicaid budget last year, so more people are hurting today than ever before. I do support this bill. And I am going to vote Yes for this bill; however, I'm still concerned about some major unresolved issues, because it appears as though, just watching the negotiations all this year, it appears as though there's some major issues and power struggles regarding money and control between the HMOs and the hospitals, particularly the safety net hospitals. I have three safety net hospitals in my district. Detox was cut out. I understand that they're working on it, but no -- no agreement has been reached yet. Psychotropic drugs, dental 31 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 services, the upper payment limit is huge - huge, the assessment, and I can just go on and on and on and on. But, Senator Steans, I'm going to depend on you to make sure that this thing is done right. But not only you, but we need the cooperation from the Governor's Office. There's -- there has been tremendous amount of complaints about the attitude, the negative attitude, regarding the Director's -- the Director herself. I did sit down with her because I, too, had issues with her. We sat down and we were able to work out most of the things that I was interested in, but there still exists some major issues. So what we really need to do is stop putting us against them; we need to figure this thing out together. I understand that there are going to be some work groups this summer and this fall. Please make sure that the people who sit around the table are the ones that can help address those issues and not all the people that's been sitting around the table all along. I would hope that Senator Trotter and Senator Sandoval and myself is sitting around the table as well, because there's a pot of people who we are trying to protect as well. So, Senator, I -- Steans, I -- I, once again, commend you, but I'm still concerned about what is going to happen over the summer. Thank you very much.
PRESIDING OFFICER: (SENATOR LINK) Senator Murphy, for what purpose do you rise?
To the bill, Mr. President. The…
PRESIDING OFFICER: (SENATOR LINK) To the motion.
To the motion. Thank you. The -- the lamenting about moving 32 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 to the managed care HMO and the handwringing when we are about two and a have years after that bill was voted out of here, which of course couldn't have gotten voted out of here without a whole lot of support from that side of the aisle, is a fascinating thing for me to observe. I presume you knew what was in the bill when you voted for it. Be that as it may, we're in a different place with this bill. And I can't help but think about priorities when I watch you undertake the continued bankrupting of our State with this program. The amount of lament and the handwringing that we have heard about, let's take, oh, I don't know, education funding for the last few years. This bill right here, assuming the federal government makes every promise that it -- that it -- keeps every promise that it makes - which I'm not willing to take that bet, but apparently you are - but assuming they do, this will cost three billion dollars. The House thinks it's six. Why do you think Speaker Madigan didn't want to push this bill? He knows it bankrupts us. Three billion dollars over the next five/six years, five/six hundred million a year. For those of you who have been wringing your hands about -- about transportation funding downstate, for those of you who have been wringing your hands about education funding, the shortfall's about six hundred and sixty- five million. If you don't do this, you can solve that problem. By the way, these are the types of things you have to do even though we have record revenue coming in after your sixty-seven percent income tax increase, which gives me another alternative. What do you say you don't do this and you give the people back the one week pay that you took from 'em with the tax increase around the time that you said you'd give it back? There's a novel idea. Finally, the whole idea that this is all going to be covered and 33 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 paid for by the federal government, hundred percent for three years, ninety percent for years after that - you really want to take that bet? And I understand there's language out there that says that if they don't keep that promise, then you guys are going to kick people off of Medicaid. I don't buy it. I don't think you want to do it. Stop overpromising. Don't make this promise that you are going to have to renege on later. It's too big. It's too unaffordable. We have a quarter of the State on Medicaid already. You're going to put several hundred thousand more people on it and continue and escalate that path to bankruptcy. This is a bridge too far. This is too much. We don't have to do it. A Democrat, no less loyal than Mike Madigan, has made clear he thinks that this is bad policy, even though he pushed it, even though he got it done. Don't do this, please. I urge a No vote.
PRESIDING OFFICER: (SENATOR LINK) Senator Koehler, for what purpose do you rise?
To the motion, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) To the motion.
I'm not sure where to start. Thank you, Senator Steans, for your work on this. This is an important bill for us to pass. Let me kind of paint the picture of why this is important, because as we know the health care system is going to transcend into a new system. And we're going to talk about coverage of the people in this country to be really up to four hundred percent. They can either buy health insurance on the exchange or through the Medicaid expansion. We now cover anybody under a hundred and thirty-three 34 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 percent of poverty. So when we talk about health care, it's not like people have a choice of whether they need health care or not. I mean, people get sick. Just because they don't have insurance or they don't have any -- any Medicaid coverage, they still get sick. And so what we've seen go on in this -- in this country for the past umpteen years is that we cost shift. We cost shift against all those folks that have insurance and foremostly employer-based insurance. And that's how we pay for it. So it's -- it's not like we've got a -- a good system that we're leaving to -- to try to go into something new. But I do want to talk as well about some of the commitments that I'm willing to make to make this thing work, because certainly it's not a -- a perfect system and this is not a perfect bill. And I share some of the concerns that my colleagues on this side of the aisle have expressed already. Two things that I'm going to work on and commit myself to, to trying to be part of the solution is, number one, we know that there's going to be, with this expansion, a lot of people in Medicaid and, when we enact the new affordable health care plan, there's going to be a lot of people that'll be on the exchange. Now that line in between is going to vacillate. People are going to be Medicaid one month and they're going to be in the exchange the next month and vice versa. And so what I think we have to -- to assure is that there is a seamless transition between that, that somehow between our health centers and our provider community and those that are offering the insurance and the patient themselves, that they not be caught up in this, but that the payment cycle is seamless and that the patient gets the kind of care. Because really, in the end, what we're talking about is having everyone with a medical home, having people that have 35 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 preventative care, not just acute care. Second thing I'm going to commit myself to is that there's a part of this -- this whole evolution that has taken place that concerns me a little bit and that is that we -- we have talked about managed care, but we've - - we've assumed that that means HMO, and I don't think that that does in my vocabulary. What we've talked about is that there's a need to have coordinated care. But I'm -- I'm concerned that we have the right kind of care, because if we -- if we don't, what it costs us is that federal match, and I've heard estimates anywhere from a half a billion to a billion dollars; that if we don't do this right, if the feds haven't approved it and it hasn't been done correctly, then it might affect our assessment, and I think we have to take that issue very seriously. So I would -- will continue to support the move that we have to provider community going into ACOs, the accountable care organizations, and -- and now they are setting up what they call accountable care entities or, you know, coordinated care entities, and that the provider community can do this. And so I think that there is a path for us to be successful in this and for us to actually focus on the poor and the needs that they have in health care, because that affects all of society. It affects us in terms of whether we have, you know, high cost insurance and we have employer-based insurance or whether we don't. And so, again, I think we've got a lot of concerns, but this is not a static bill, this is a dynamic bill. This is going to ever change. And the only way this is going to work is if we individually commit ourselves to making sure that the path is the right way. I share the concerns that all of you have raised, but I stand in full support of this bill.
PRESIDING OFFICER: (SENATOR LINK) 36 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 Senator Jacobs, for what purpose do you rise?
A couple questions of the sponsor.
PRESIDING OFFICER: (SENATOR LINK) She indicates she will yield.
So I understand it, Senator. In 2014, the State of Illinois will get nearly one billion dollars from the federal government. Correct?
PRESIDING OFFICER: (SENATOR LINK) Senator Steans.
That's correct. Over a billion dollars, and -- and with -- for -- paying the entire hundred percent for this population.
PRESIDING OFFICER: (SENATOR LINK) Senator Jacobs.
And then, in 2015, we'll get 1.6 billion from the federal government; in 2016, we'll get 1.8 billion dollars from the federal government. So far, we're still good. Right?
PRESIDING OFFICER: (SENATOR LINK) Senator Steans.
That's correct.
PRESIDING OFFICER: (SENATOR LINK) Senator Jacobs.
The difficulty in the leap of faith that my colleagues across the aisle are -- are reflecting, I share some of their concern. 37 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 And the concern I share is that, so the next year, 2017, 2018, 2019, 2000 plus, it says that we will incur -- that the feds will incur more billions of dollars, many more billions of dollars, to our benefit, but that the State will incur about five hundred and ninety million new dollars. So, how do we pay for that when we get to that point?
PRESIDING OFFICER: (SENATOR LINK) Senator Steans.
And we also believe that there's going to be some offset. GRF, for example, just next year, of a hundred and five million, a reduction in costs that we're paying for folks right now, where the State has to pick up the entire cost of things like folks that are not Medicaid eligible, but require mental health services, substance abuse services, homeless services, and a host of other things. So we think there will be some offsets. But that -- there will be some costs that we are outlaying then. I just want to note, though, that, you know, this is really a fraction of what we're going to be getting from the federal government to pay for it, and there's going to be huge reductions in uncompensated care for our hospitals and our local governments as well, which is why the township organizations are very supportive of this as well.
PRESIDING OFFICER: (SENATOR LINK) Senator Jacobs.
I'm going to support your bill today, Senator. And I understand why you're -- quickly becoming a strong leader in this Body, because you -- you take on tough issues that maybe some people won't. And I would just advise that if you are able to 38 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 monitor these numbers and if you see these numbers falling off, to make sure that we know, because I would hate like heck at the end of the day to be given a bill and not know it was there. But the final question I have is, do you see any irony in the fact that we are cutting retirement -- our retirees' health care at the same time we're expending billions of dollars for new health care policies?
PRESIDING OFFICER: (SENATOR LINK) Senator Steans.
Well, this is the bill that I am controlling right now, Senator Jacobs. And -- and I do want to add, I think your -- one of the things that we did put in the bill because of the risk and concerns, and with a lot of input from the downstate caucus, was that if the feds do, in fact, go below their ninety percent match that they have said they will provide, that automatically - it doesn't take action of the General Assembly - automatically three months later that population will no longer be eligible. We'd have to come back as a General Assembly and take action to, in fact, provide coverage for that population. So, we did try to mitigate against that risk.
PRESIDING OFFICER: (SENATOR LINK) James Carder of Blueroomstream seeks permission to videotape. Seeing no objection, permission granted. Senator Delgado, for what purpose do you rise?
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR LINK) To the motion. 39 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013
To the motion. Thank you, Mr. President, Members of the Senate. I commend the sponsor. Senator Steans is a diligent Senator. She focuses, does her homework. She had a very unpopular task to perform in a State where we have had unprecedented -- unprecedented attempts to make Medicaid cuts in a place where now, as we knew, the federal government comes up with a billion dollars for -- as soon as they turn the omelet completely over, as one of the speakers just mentioned, the senior cuts, even undocumented children. Undocumented. Wow! Is that a poisonous word in this State? Shame on us. They're children. But we were able to take -- make sure that didn't happen, and thank you for those who were there at the bat. Senator Steans sees this as something that -- as we talk about Medicaid, we talk about a faceless population sometimes, and I know all of you really care - you know of many, many families - the deep south, up north, some of your richest communities. But at the end of the day, when we attempt to eat a whole pizza in one gulp, put a bowling ball through a keyhole, when we talk about a Governor from the Democratic party who throws an entire body, Illinoisan, on the table, from seniors to those with disabilities in wheelchairs, to children, to wards of the State, to -- for the love of God, those seeking asylum, torture victims even. They were all fair game. Senator Trotter and I frustratedly {sic} tried to participate in a caucus that was really not designed for -- by no fault of Senator Steans, but was not designed for minority participation, because we are your menu. We represent this community -- these communities. You're at the table, but, you know, this is really former President Jones' statement, because -- I sure have adopted it, because, boy, we're 40 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 not at the table, we're on the menu. And so as they oversee their districts and they can pay as they go with their -- I sit next to many variety of people in this room. I always thought they were all working-class people, a milkman and farmers and a little bit of everybody, it's okay, even the rich. But to dictate policy to the folks who need it the most, that's what occurred in this State. It was conducted by -- by an appointee of the Governor. It was her stead. It was her stead to be able to be creative and to sit with the Latino and African American and southern caucuses. People like to take it out of parts of southern Illinois. We know they all exist. This is not about the color of your skin. This is truly about the socioeconomics of your communities. This is truly about a people called "Illinoisans", who find themselves in dire straits for many reasons - from the past welfare families, who thought every generation would wake up to another welfare office visit, to The Jeffersons, who were trying to break that cycle and move forward, to those of the government and know that the policies were made, ‘cause AFDC we cared about is after daddy cut out. But when we have a Director who wants to implement this -- someone who can define who lives and who dies by a sheer -- movement of a pen. Came from a democratic administration who refused to draw the line in the sand, who said when your party wins, you're going to cut 'em anyway. But right now this is our party and we have to -- we have the pen. Did I see any creativity as the former Chair of Public Health? I only did it for about twelve years. As a ranking member on the Human Services Committee, did I get any visits that would have given me any kind of indication that they thought my community was a priority when I find out it was merely an option, but their pen and their cuts were a priority to get to. They 41 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 wanted to bring in those -- those particular individuals that traveled with generals like Custer, who said it'll be okay. Let 'em in. This would be good. We want to take you from your bootstraps up. You darned right we want to get 'em off, but not this way. Expansion? How about restoration of funds, Mr. President? How about saying a billion dollars now for nineteen- to sixty-four-year-olds and you're telling me that this Director or any other part of State government didn't see this coming down from the feds, while we were diligently scrambling in the last Session trying to find bills to restore at least grandma -- ability to get dentures twice a year, and a wheelchair to be repaired. For the love of God, and then we get a -- oh, yeah, the promise of a billion dollars. But, wait, for nineteen- to sixty-four-year- olds with an emphasis on single mothers coming up. God bless 'em, who all need it, but not this way, Mr. President. So as this Director continued to show that she lacked creativity, she had no interest with meeting with the leadership - I guess at our level of leadership. Because, you know, we've all read Animal Farm; we all know the thinking around this General Assembly. I've been here fifteen years. Some would say maybe one year too many. But I say, no, I'm at the right time and the right place in history to see what they're doing to these districts, to see what they're doing to Illinois. And that's why there were so many lights on, and you're darn tootin', there are people that would love to see us continue to dwell. They'd rather see us go bankrupt than to worry about the sofa-sitting backpacking moms and dads that are sitting out there with daughters and loved ones who can barely get out of the home. And the almost deciding should I smother her, or should I keep her alive? For the love of God, I worked my tail 42 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 off and now I have to go to Medicaid and Medicare to help my own family because of my age. Let's think about who's at the realm {sic}. Governor, I talked to you and I've told you before, and I showed you with my switch, we need someone who can relate to all communities and let's get a leader out of that Department, and they have to be able to work from Harrisburg to McHenry County. And when they come in front of people, they should make sense. They should make sense, because I -- I understand that cuts are necessary, but we have to have a kind heart, gentle speech and a life of passion, because that truly changes humanity. So go ahead and politicize it and go ahead and continue to see faceless as your homeless increase, as you continue to condemn the beautiful City of Chicago, but wake up, people. They might be your cousins and your brothers, and they're coming your way too. They're in Decatur. They're in Harrisburg. They're everywhere. They need help. This is State government. We're here to help those in need, not for those who are in greed. We're going to support this legislation, but I support my colleagues that say, let's sit down and let's get it done. Let's get the gloves off. Let's do this. But you can't do it when you continue to ignore those leaders in these communities, not only these legislators, but listen to their civic leaders. Listen to every lobby that comes in here. It's not enough to pacify them. But this is the day. We're going to concur, but for the love of God, if we don't get 'em in the wash, at least let's get 'em in the rinse. Care about your most vulnerable. Because this is -- you're not here for your next campaign; you're here for the next generation. So as you go out there and campaign on higher office or the one you're holding, oh, boy, I can't wait to hear those. Because every time I run I offer 43 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 to leave my resignation at the table. I challenge my communities and they keep sending me back, because I don't have the answers either. I'm only one switch and I wish to God I could give you the answers. But cut, cut, cut, look at your children, because your children aren't thinking that way when they give birth to a child with autism, when they have a child with special needs. Your money can only go so far. Your passion can take Illinois to where it needs to be, and that is with a life of service and compassion. So let's send a strong message. We do need a change, a change in someone who can reflect all of our people and make sure that she is listening and doesn't come here with all the answers and when she comes in the poorer communities, understand, hey, that's our culture.
PRESIDING OFFICER: (SENATOR LINK) Christopher Brinckerhoff, Journal 8 {sic} (&) Topics Newspapers, seeks permission to take photos. No objection. Permission granted. Senator Rezin, for what purpose do you rise?
Thank you, Mr. President. Question for the sponsor.
PRESIDING OFFICER: (SENATOR LINK) She indicates she will yield.
Thank you. First of all, thank you for taking on a -- a, you know, difficult, very emotional topic. According to our analysis, we understand we'll be adding approximately three hundred and fifty thousand newly eligible people to the Medicaid program. Is that correct?
PRESIDING OFFICER: (SENATOR LINK) Senator Steans. 44 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013
Yes. Our estimates are three hundred and forty-two thousand. So, yeah, about that.
PRESIDING OFFICER: (SENATOR LINK) Senator Rezin.
Thank you. And then an additional hundred and sixty-eight thousand of the previously eligible will also be enrolled to this program, which is -- there's about a fifty percent match on that. Correct? Or does the State pick up that cost?
PRESIDING OFFICER: (SENATOR LINK) Senator Steans.
I -- I think you're talking about the "woodwork effect", people who are currently eligible, but not actually enrolled. And, yes, there -- we do believe there will be some folks that are enrolling in that way and it is fifty percent match for that part of the population. What I would point out, however, is I think that woodwork -- pretty much everyone would agree that that "woodwork effect" is going to happen regardless of whether we actually do the Medicaid expansion. Because, at the same time, we also have the new insurance exchanges and there'll be lots of community outreach to get people enrolled into health -- the health insurance exchanges, and at that same time, there's a new eligibility verification enrollment system that does the joint enrollment for both of those. You come in, you may be eligible for Medicaid, you get enrolled for that, or you're -- eligible for the health insurance exchange, you get enrolled for that.
PRESIDING OFFICER: (SENATOR LINK) 45 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 Senator Rezin.
Thank you. So, according to our staff analysis and/or the House analysis, the cost of this program will be anywhere between three and six billion dollars. Is that correct?
PRESIDING OFFICER: (SENATOR LINK) Senator Steans.
Yeah, I -- that sounds very -- I don't know what -- over what period of time you're talking about, ‘cause the cost for the three hundred and forty-two thousand people is estimated at one billion dollars.
PRESIDING OFFICER: (SENATOR LINK) Senator Rezin.
Thank you. I guess my question is, and if I could go over to actually pension reform now. As we know, we're at the end of our legislative Session. We're talking about major issues, budgets, pensions, Medicaid expansion. And as we're going to be asked in the next couple days to take a hard vote on reforming pension benefits for teachers, retirees, State employees, and our numbers are coming back that any of -- of the two bills that are out there, that potentially there could be as much as a two-billion-dollar savings if we vote and support a pension reform. I guess my question to you would be, and this was a question that our Leader posed in committee several weeks ago, is if we take the hard vote to reform pensions, can you guarantee that the money from the pension reform will go to pay our yearly pension payment, pay off our bonds or go towards the unfunded liability, or will that 46 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 savings go for programs that are expanding?
PRESIDING OFFICER: (SENATOR LINK) Senator Steans, if you wish to answer, because it's not part of the motion.
That -- that truly is not. What I want to do, I think, is, in -- in response, read from a letter that was signed -- it was an editorial -- or an op-ed piece in Crain's that was signed by Doug Whitley, the President/CEO of Illinois Chamber of Commerce, David Vite, President and CEO of IRMA, and Jerry Roper, President and CEO of Chicagoland Chamber of Commerce, where they talked about exactly this issue. The business community is acutely aware of the serious decisions lawmakers must make to restore security to the State's economic future. While it may seem counterintuitive to argue in favor of expanding Illinois' Medicaid program to serve single, childless adults at or below a hundred and thirty-eight percent of the federal poverty level, our organizations believe expansion is an important part of a very complex equation in alleviating overall costs on employers in the short- and long- term. That's why we urge the General Assembly to approve Senate Bill 26. Illinois stands to gain more than twelve billion dollars in federal funding under the expansion over the next seven years, but not without incurring some addition costs - albeit a fraction of the funding gained.
PRESIDING OFFICER: (SENATOR LINK) Senator Frerichs, for what purpose do you rise?
To the motion.
PRESIDING OFFICER: (SENATOR LINK) 47 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 To the motion.
I pushed my button a while ago and I think many of my colleagues have made a lot of the points that I was going to stand up and discuss today. They've said it more eloquently than I have and so I'll try to be brief. What we have today is a bill that is imperfect, you know, we could all pick apart, but I am confident if we continue to work on this, we're going to have a bill that's going to help vulnerable people throughout the State of Illinois, not just in the City of Chicago, but in -- in downstate Illinois. It doesn't really matter where those people live, they are communities, they are people in need, and they are people who we can help today. And this is a monumental vote, and even though it is not perfect, it moves the ball forward and helps out some of those people that we all should take some time to think about. So I want to thank Senator Steans for her leadership on this issue. It is complex. It is not easy, but she's showing herself to be a strong leader here. And I would request a favorable vote. Thank you.
PRESIDING OFFICER: (SENATOR LINK) Senator Steans, to close.
Before I get in to close, I just want to read something quickly for legislative intent. The amendment to Section 2-202(a) of the Nursing Home Care Act is not intended to abrogate the rights or obligations of residents or representative payees created by the Social Security Act, including the Medicaid Act. To ensure that residents are protected and payees act in residents' best interests, it's our intention that this amendment will not take 48 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 effect without rulemaking. We intend that rulemaking will require nursing homes to supply a copy of the policy referenced in the amendment to the Department of Public Health and that they also give residents and the representatives an explanation of their representative payee status and Medicaid spend down rights developed by Department of Aging long-term care ombudsman. Now, in -- in close, you know, we have referenced Illinois is in a fiscal crisis. But, you know, despite that, the business groups, leaders here believe we should be doing this. They're urging our support. Republican Governors, at least eight other states have opted into this program, because it's the fiscally responsible thing to do. Beyond that, you know, folks have noted this is not a perfect bill. And last year, I was before this Chamber asking for us to make reductions to Medicaid. In celebration of the hours of time that it took into crafting that bill and getting it passed, I went to my office, closed the door, and sobbed for a very long time. It is not something I relish, having to reduce benefits to poor folks in this State. None of us relish it. That's the circumstances on which we find ourselves. And we are trying to make sure that we are protecting and preserving this program for our neediest folks here in the State. Today is a much happier day in that we get to actually expand the pool of folks that we're going to get into health care coverage. We can get them into care -- care coordination, which many of us have referenced here today is the right thing to do. I believe that provides the best future in order to really manage our health care programs and to provide quality health care for poor folks is getting them into care coordination and to ensure that they're actually getting preventative health care that they need. I, like Senator Koehler, 49 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 would like to indicate that I, too, would very much like to continue to work on certain aspects of this bill. As we go down the path of care coordination, what I think is critical to really improving health care for people on Medicaid, we can't do it in a way that's going to lose the billion-dollar assessment, nor will we. So I'm very much committed to ensuring there's a process in place with all the right parties at the table determining what the right solutions are. And there's many solutions to it. Every other state in the country here has many more of their Medicaid recipients in managed care and they have determined how to deal with this assessment problem - 1115 waivers, making payments through other entities. There's ways of doing this and I think all parties need to come together and ensure that we have a good solution that works for Illinois. And I'm certainly committed to doing that. I also would like to restore, as we can afford it, benefits to -- particularly some things like dental benefits. It's a question of cost and when we can afford it, and I'm certainly committed to figuring out how to do that, as it's the right thing to do. Today, however, we have the opportunity to do something that's incredibly important for, you know, the leadership of the country and in this State by getting three -- over -- hundreds of thousands of people across the State into provider care coordinated homes. I know there's been some discussion that it's hard to access health care. This should improve it. For two years now - it's already started - primary care providers are getting paid Medicare rates, so above what they've been getting under Medicaid. That continues for at least two years. We need to continue to make sure that we improve access to primary care physicians so that folks don't end up in the emergency rooms. I think this 50 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 provides a great mechanism for doing that, and I think this has been a cornerstone of President Obama's administration and it's a real delight to be able to help fully implement the Affordable Care Act here in Illinois today. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) The question is, shall the Senate concur on House Amendments 1 and 3 to Senate Bill 26. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 39 Ayes, 20 Nays, none voting Present. Having received the required constitutional majority, Senate does concur with -- House Amendments 1 and 3 to Senate Bill 26. The bill is declared passed. Senate Bill -- Senator Jacobs, for what purpose do you rise?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR LINK) State your point.
Mr. President, as you well know, a lot of us struggle being here, away from our families. We're dealing with health concerns. We're dealing with the flu. Some people have colds. And this year, we even had one of our colleagues, Senator - where's he at? - Senator Murphy, who fell talking to the press and is wearing a cast on his leg. And also, Senator Martin Sandoval -- Senator Sandoval, you in the room? Oh. Senator Sandoval, I want you to know that since your story of Tornado, when you were hurt by that horse, that this weekend I was at a horse show, and I talked to the horse owners and I was telling them about what happened to 51 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 you. And I told them that you were never going to get on a horse again, and they were very upset by that. So they have given me a pony to present to you. If you'd step forward here, Senator. Thank you, Senator. And I know that - he whispered in my ear - he's going to name that Cupcake.
PRESIDING OFFICER: (SENATOR LINK) Ride it carefully, Senator. Senate Bill 1194. Senator Haine. Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1194. Signed by Senator Haine.
PRESIDING OFFICER: (SENATOR LINK) Senator Haine, on your motion.
Yes, Mr. President, Ladies and Gentlemen of the Senate. This is an amendment which the hospitals, the Illinois Hospital Association, wanted in our navigator licensing bill, just carving out what they can do when patients come into the hospital. And there's no opposition. It completes the process of the navigator bill.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall the Senate concur with House Amendment 1 to Senate Bill 1194. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, 1 voting Present. Having received the required constitutional majority, the Senate concurs with House Amendment 52 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 1 to Senate Bill 1194, and the bill is declared passed. Senate Bill 1515. Leader Harmon. Leader Harmon. Out of the record. House Bill 1621. Senator Kotowski. Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1621. Signed by Senator Kotowski.
PRESIDING OFFICER: (SENATOR LINK) Senator Kotowski, on your motion.
Thank you very much. This is a -- a bill that we passed out of this Chamber. I believe it was close to unanimous. And it -- it -- underlying bill eliminates unnecessary and duplicative mandates we've had in different programs. The House additions would -- removes provisions that made certain expenditures subject to appropriation, repeals the Supported Employees Act and repeals the School Employee Benefit Act. Be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall the Senate concur with House Amendment 1 to Senate Bill 1621. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. Having received the required constitutional majority, the Senate concurs with House Amendment 1 to Senate Bill 1621, and the bill is declared passed. Senate Bill 1639. Senator Kotowski. Mr. Secretary, please read the 53 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 motion.
I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 1639. Signed by Senator Kotowski.
PRESIDING OFFICER: (SENATOR LINK) Senator Kotowski, on your motion.
Thank you very much, Mr. President. Senate Bill 1639, I -- I move to concur on House Amendments 1 and 2. This is a byproduct of negotiations that we had with the pet store owners to make sure that it addresses their concern. They're now neutral on the bill. It makes sure it -- it provides adequate protections for consumers who purchase pets, dogs or cats, that are unhealthy. And it provides 'em a remedy if that is the case.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall the Senate concur with House Amendments 1 and 2 to Senate Bill 1639. 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 44 Ayes, 13 Nays, 1 voting Present. Having received the required constitutional majority, the Senate concurs with House Amendments 1 and 2 to Senate Bill 1639, and the bill is declared passed. Senate Bill 1655. Senator Haine. Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment 1 to Senate Bill 1655. 54 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 Signed by Senator Haine.
PRESIDING OFFICER: (SENATOR LINK) Senator Haine, on your motion.
This is the completion of the real estate licensure provisions that we passed, actually last month. And it was taken by the House for another bill and so they took this bill to put it on. It merely changes different licensures, allowing people to retire and not have the same license as they had before.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall Senate concur with House Amendment 1 to Senate Bill 1655. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. The Senate, having -- having received the required constitutional majority, the Senate concurs with House Amendment 1 to Senate Bill 1655, and the bill is declared passed. Senate Bill 1775. Senator Haine. Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1775. Signed by Senator Haine.
PRESIDING OFFICER: (SENATOR LINK) Senator Haine, on your motion.
Thank you, Mr. President, Ladies and Gentlemen. This is the motion with the -- the insurance e-card and it just adds a 55 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 provision the House added that any electric -- electronic copy of motor vehicle insurance must meet all other requirements of the law and rule.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall the Senate concur with House Amendment 1 to Senate Bill 1775. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 Ayes, no Nays, none voting Present. Having received the required constitutional majority, the Senate concurs with House Amendment 1 to Senate Bill 1775, and the bill is declared passed. With leave of the Body, we'll go back to Senate Bill 1515. Mr. -- Senator Harmon -- or, Leader Harmon. Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 1515. Signed by Senator Harmon.
PRESIDING OFFICER: (SENATOR LINK) Leader Harmon, on your motion.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 1515 had been Senator Collins' bill. I -- I took over the sponsorship and filed the motion that the committee had already approved. This is the codification of the -- the retiree health care provisions related to the AFSCME contract. We did hold onto it for a little while, as we tried to figure out what direction CMS was going, and at this point, I'm comfortable enough that they 56 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 are considering all viable options to -- to move to concur in the House's amendments. Not aware of any particularized opposition and I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall the Senate concur with House Amendments 1 and 2 to Senate Bill 1515. 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 54 Ayes, 4 Nays, none voting Present. Having received the required constitutional majority, the Senate does concur with House Amendments 1 and 2 to Senate Bill 1515, and the bill is declared passed. Leader Harmon, for what purpose do you rise?
For purposes of an introduction, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) State your introduction.
Thank you, Mr. President. Ladies and Gentlemen of the Senate, I'm joined on the Floor today by my Page for a Day. Mary Grace Detmer is a sophomore at Oak Park-River Forest High School. She's a constituent of Senator Lightford's and came here today with her family through a -- the -- an auction prize from the Oak Park Huskie Boosters. She plays the greatest sport of all, lacrosse, as well as basketball and swimming. And she's interested in politics and would like to be a lawyer. So I'd like you all to help me welcome her to Springfield.
PRESIDING OFFICER: (SENATOR LINK) Welcome to Springfield. Senate Bill 1801. Leader Clayborne. 57 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 2 to Senate Bill 1801. Signed by Senator Clayborne.
PRESIDING OFFICER: (SENATOR LINK) Leader Clayborne, on your motion.
Thank you, Mr. President. House Bill -- Committee {sic} Amendment No. 2 makes technical changes. It retains the bill and it basically just clarifies the original intent, which is to amend the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act by stating that the exemption for materials, parts, equipment, components, and furnishings incorporated into an aircraft applies only to the sale of qualifying tangible personal property to persons who modify, refurbish, complete, replace, or maintain an aircraft. We -- this is about the third version that we've passed of this bill. The original version created fourteen hundred jobs in my district with an average salary around fifty thousand dollars. I would ask for your favorable vote.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall the Senate concur with House Amendment 2 to Senate Bill 1801. 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 57 Ayes, no Nays, none voting Present. Having received the required constitutional majority, the Senate concurs with House Amendment 58 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 2 to Senate Bill 1801, and the bill is declared passed. Senate Bill -- Senator Martinez, for what purpose do you rise?
Thank you, Mr. President. I want to be voted as an Aye. I pressed my button, but nothing happened.
PRESIDING OFFICER: (SENATOR LINK) The record shall reflect your intentions. Senate Bill 1829. Senator Jones. Senator Jones. Out of the record. House {sic} Bill 2184. Senator Mulroe. Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1829. Oop! Excuse me. I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 2184. Signed by Senator Mulroe.
PRESIDING OFFICER: (SENATOR LINK) Senator Mulroe, on your motion.
Thank you, Mr. President, Members of the Senate. The amendment actually removes all opposition to the bill. In the amendment, the Board can -- must consent for fee increases. This is regarding the Carnival and Amusement Ride Safety Act. It also requires the Department of Labor to consult with the Board to adopt any new safety standards; changes the definition of "inflatable attraction" to match the industry standard; and gives a carnival operator ten working days to request a hearing after an alleged violation.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall 59 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 the Senate concur with House Amendment 1 to Senate Bill 2184. 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 53 Ayes, 6 Nays, none voting Present. Having received the required constitutional majority, the Senate concurs with House Amendment 1 to Senate Bill 2184, and the bill is declared passed. Senate Bill 2266. Senator Koehler. Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendments 3 and 4 to Senate Bill 2266. Signed by Senator Koehler.
PRESIDING OFFICER: (SENATOR LINK) Senator Koehler, on your motion.
Thank you, Mr. President, Members of the Senate. Senate Bill 2266, as amended, represents legislative authorization allowing the State's three largest gas utilities - Nicor, Peoples Gas and Ameren - to recover costs for infrastructure upgrades and to modernization projects through a rider mechanism. The legislation would require a natural gas utility serving more than a hundred thousand customers to annually report and improve on certain safety related performance measures. This bill will enable or accelerate projects that will modernize Illinois' aging natural gas infrastructure to ensure and strengthen the integrity, the safety, and the reliability for the 21st century. I'd be happy to answer any questions.
PRESIDING OFFICER: (SENATOR LINK) 60 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 Is there any discussion? Seeing none, the question is, shall… Senator Koehler.
Mr. President, I move to take this out of the record.
PRESIDING OFFICER: (SENATOR LINK) Out of the record. With leave of the Body, we're going to go to House Bills 3rd Reading, and we will proceed to House Bill 129. Senator Lightford. Mr. Secretary, please read the bill.
House Bill 129. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Lightford, on your bill.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 129 allows school boards to designate the first Monday in October of each school year as "Bring Your Parents to School Day". On this day, school boards may permit parents to attend classes with their children and meet with teachers and administrators during the school day. This actually is an initiative of Representative Welch, who was a school board president, who initiated this in Proviso Township 209. It really helped with parent involvement and it's actually a "may" and not a "shall". And I'd be happy to answer questions.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, is -- the question is, shall House Bill 129 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted 61 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. House Bill 129, having received the required constitutional majority, is declared passed. House Bill 1063. Senator Collins. Mr. Secretary, please read the bill.
House Bill 1063. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Collins, on your bill.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. As amended, the bill provides that when the victim is under eighteen years of age at the time of the offense, prosecution for the following offenses may be commenced at any time: criminal sexual assault, aggravated sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual abuse, or felony criminal sexual abuse. However, these prosecutions may only be commenced when, one, corroborating physical evidence is available or, two, an individual who is required to report an alleged or suspected commission of any of these offenses under the Abused and Neglected Child Reporting Act fails to do so. And I would like to say that this language was drafted in agreement between the Illinois Coalition Against Sexual Assault, the Illinois State's Attorneys Association, and the Cook County State's Attorney's Office. And I'm open for any questions.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Senator Righter, for what purpose 62 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 do you rise?
Mr. President, I have a few questions for purposes of legislative intent, please.
PRESIDING OFFICER: (SENATOR LINK) Indicates she will yield.
Thank you, Mr. President. Senator Collins, the language in 1063 right now requires some kind of corroborative evidence. Can you give me an idea or example of what's intended by that language?
PRESIDING OFFICER: (SENATOR LINK) Senator Collins.
Thank you for the question. Corroborating physical evidence would include such things as photos, videotapes, a letter of admission, or other pieces of tangible physical evidence which would help establish that an act of sexual conduct or sexual penetration occurred.
PRESIDING OFFICER: (SENATOR LINK) Senator Righter.
Thank you, Mr. President. Senator, it's my understanding there is an exception in the bill to the statute of limitations for a situation wherein a -- an alleged victim makes a report of abuse to a mandated reporter, but then the mandated reporter does not carry forward and report that to the proper authorities. How would that exemption work in 1063?
PRESIDING OFFICER: (SENATOR LINK) Senator Collins. 63 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013
Thank you for the question. That would fall within the category of mission against penal interests, potentially subjecting them to criminal penalties. Such a statement adds comparable indicia of -- of reliability to the kinds of physical evidence contemplated otherwise and reflects the goal of prompt reporting by victims, which is one of the purposes behind criminal statutes of limitations. When a victim has promptly reported and those members of the system mandated to protect them fail, we should be flexible when the evidence is of this heightened reliability variety.
PRESIDING OFFICER: (SENATOR LINK) Senator Righter.
Thank you, Mr. President. Senator Collins, going back to the corroborating evidence issue, would medical records qualify as the corroborating evidence as referenced in 1063?
PRESIDING OFFICER: (SENATOR LINK) Senator Collins.
Yes.
PRESIDING OFFICER: (SENATOR LINK) Senator Righter.
What about a -- a statement or testimony from a friend of the -- of -- of the alleged victim?
PRESIDING OFFICER: (SENATOR LINK) Senator Collins.
64 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 No.
PRESIDING OFFICER: (SENATOR LINK) Senator Righter.
What about, Senator, a situation whereby there's evidence as to what address or the location of the offense?
PRESIDING OFFICER: (SENATOR LINK) Senator Collins.
No, that would not be admissible. It would have to be in the form of corroborating tangible, physical, inculpatory evidence, not a mere corroborating fact.
PRESIDING OFFICER: (SENATOR LINK) Senator Righter.
And what about, Senator - last question - about an admission from the accused himself or herself? Would that alone be sufficient?
PRESIDING OFFICER: (SENATOR LINK) Senator Collins.
No. This expansion is a balanced approach that reflects the interests of victims, defendants, prosecution and defense. And this is the first expansion in many years. And I expect that it will be the only expansion for several more years.
PRESIDING OFFICER: (SENATOR LINK) Senator Collins, to close.
First of all, I would like to thank the members of the 65 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 Criminal Law Committee. We took the bill in its original form as it came over to {sic} the House and I want to thank them for their constructive criticism and input, and based on that, it enabled the parties to come together and reach a compromised piece of legislation here, so I thank all those parties involved. And so I would just like to say, with -- with these protections against frivolous and harassing prosecutions, there is no reason not to give a solid case its day in court and possibly bring peace and closure to a victim, prevent a child molester from exploiting new victims and, most importantly, ensure justice is done. And I respectfully request an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) The question is, shall House Bill 1063 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 Ayes, no Nays, none voting Present. House Bill 1063, having received the required constitutional majority, is declared passed. House Bill 1544. Senator Manar. Mr. Secretary, please read the bill.
House Bill 1544. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Manar, on your bill.
Thank you, Mr. President. Senate Bill -- excuse me, House Bill 1544 is the culmination of an effort of a subcommittee that was created in the State Government Committee to reform a few of 66 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 the responsibilities for the Department of Commerce and Economic Opportunity. And the bill has three major components. The first would be to require DCEO to develop and maintain a strategic economic development plan for the State over the course of five years at a time. The second major component of the bill would be to establish the Illinois Business Development Council, which is made up of twelve voting business members. And this was a result of testimony that we received in committee and the three hearings that we had that were held in Alton, Decatur, and Naperville. And then, finally, the bill contains a provision that would require the Department, on the grants that it administers related to job creation and retention, to report some very hard numbers in terms of jobs retained and created by each grant that they administer through a multitude of -- of programs. And I think this is important because it will give us a -- a clear ability to make some decisions in the future about the effectiveness of these programs administered by the Department. I know of no opposition to the bill and I'd be happy to answer any questions.
PRESIDING OFFICER: (SENATOR LINK) Senator Barickman, for what purpose do you rise?
Thank you, Mr. President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR LINK) He indicates he will yield.
Senator Manar, I -- I know we spoke about this bill at some length in committee, and I suspect there's been at least further discussions with you, possibly the Department, or the administration since committee. But I want to follow up on a few 67 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 of the questions that we had at committee. In regards -- maybe to begin, in regards to the Governor's ability today to do what you're attempting to do through this legislation, can -- can you walk us through maybe some of what you've been able to find about those existing statutes that we talked about in committee and explain to the Body what -- you know, clarify for me. What is the Governor allowed to do today by statute versus what you're trying to do through this legislation?
PRESIDING OFFICER: (SENATOR LINK) Senator Manar.
Yes. Thank you. Thank you for the question. A couple of things came out of the hearings that we held. And the first was the point, I think, that -- that you're making, Senator Barickman, that the -- the -- the process of planning in -- in terms of how we spend money at DCEO and beyond DCEO, other agencies that we could argue have a hand in economic development in this State, is a completely permissive process. So, statute today makes it permissive for this administration or any administration in the future to develop what is going to be required through this bill, which is a strategic plan covering five years. And why is that important? I think it's important - and this isn't just my words; this is words of other people that testified, again, in committee - that we have some benchmark of success or failure. And that, to me, is a logical first step that we should take. And that's one thing that this bill seeks to accomplish.
PRESIDING OFFICER: (SENATOR LINK) Senator Barickman.
68 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 Okay. So, one of the concepts being this -- this permissive nature of existing statutes. Why do you think the Governor, who has yet to take actions to -- that suggest he has a commitment to growing the economy in Illinois through this tool -- what in your legislation changes the fact that if the Governor doesn't want to, say, for example, make the appointments to the board, that this - - that we could be in no different situation six or twelve months from now, if this Governor does not make appointments to the new board that you want to create?
PRESIDING OFFICER: (SENATOR LINK) Senator Manar.
A couple -- a couple of things. The first is that the Director of the Department of Commerce and Economic Opportunity would be - - would be a chair of -- of the business council - co-chair. Second of all, the bill expressly states that this is now a responsibility of the Department. So I would argue that -- that, therefore, the Director, which is accountable through the advise and consent process in the Constitution of this Body, would have to answer for that when -- when he or she is appointed by the Governor. So it's -- it's a little different than having permissive authority, where -- where there could be a case, although not one that I would defend, where the process of planning and putting into place goals and benchmarks for the State to meet through its processes through the Department. But this would be very clear that it is now something that has to be done, as the bill states.
PRESIDING OFFICER: (SENATOR LINK) Senator Barickman. 69 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013
But -- but what happens if -- what happens if the Governor doesn't make the appointments? I mean, we -- we sat in that committee; we heard from the Director, who clearly was unaware of the statutes that were available to them today. I mean, we asked him point blank. He was unaware that there was statutory authority that would allow the Department to do what we're wanting him to do here today. And so I -- you know, I scratched my head as I left committee and I said, okay, we -- we've got the Governor today, who has the authority today, but is unwilling to act. What makes us think if we pass this law, this Governor's going to show the leadership necessary to take action and make these appointments under this bill?
PRESIDING OFFICER: (SENATOR LINK) Senator Manar.
I don't have any guarantees. I have no guarantees. In -- in relation to what we discussed in committee with existing statute, that board was repealed by an executive order under the previous Governor in 2003, which has resulted in what I would hope to accomplish with this bill, is going back to the planning process, which I think is a -- a very pragmatic thing to do, given the amount of money we spend at that agency. And we've all talked around the edges, not just in this Chamber, but also in the House, about effectiveness of programs at DCEO. And this is my attempt to offer legislation to say that if we're going to spend the amount of money we do at that agency, that we make sure that it's spent effectively. And I think that starts with a mandate that the State have a plan, a directive through statute that the Governor appoint 70 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 people to a board, and we would hold those people accountable as the body that -- that approves appointments.
PRESIDING OFFICER: (SENATOR LINK) Senator Barickman.
Senator, let's move to, again, a topic that we discussed at committee - that being, the State and Regional Development Strategy Act. That Act would appear to do many of the things for which you're trying to do through this legislation. That Act suggests -- and I'll quote from the Act. That Act says that we should establish a long-term economic development strategy that recognizes both the competitive position of the State's regions, needs of commerce and industry. Says we should -- we should prepare an economic development strategy for Illinois and it should be revised biennially, every two years, thereafter. Two questions. One, why is the legislation that you're putting forward today seem to leave out many of the components that are included in this already existing statute that appears to do at length and in a tremendous amount of substance that which you're purporting to do through this legislation? Why leave it out?
PRESIDING OFFICER: (SENATOR LINK) Senator Manar.
I would -- I would argue that the economy today is much different than it was when that Act was adopted. And if -- and I think that's -- that's reflected in the language of this bill versus -- versus that Act. And I would point to language in the bill that says that the Department of Commerce and Economic Opportunity ought to emphasize job growth and job retention in 71 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 places in the State that have historically high unemployment. And that was a point that was made in our committee hearings in all parts of the State, and that is reflected in this bill. I don't believe that was reflected -- or is reflected in the current -- in the current Act. I don't -- Senator Barickman, I believe you're making my point, that -- that the reason this bill is here is because things that I would say we all expect to happen through State government through this agency aren't occurring to our satisfaction. And that is the -- the premise of this bill and I will say this, that when the hearings started, the first was in Decatur; it was a very -- I would describe it as an antagonistic atmosphere from the Department to the committee. But over the course of time, the Department, through its acting director, Director Pollet, recognized that there are some things that can be improved in his agency and he put those forward and many of those things are in this bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Barickman.
Okay. Maybe -- maybe last question. Again, under the already existing State and Regional Development Strategy Act, there is a -- at least an opportunity, whether it's not a mandate, that the Department would update their economic plan every two years. Is -- is that stipulation included in your -- in your bill?
PRESIDING OFFICER: (SENATOR LINK) Senator Manar.
The -- the -- the bill states that the Department should first develop a five-year plan and then should annually provide updates 72 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 as -- as it sees -- sees those necessary. And -- and I don't view that as a one-sided equation. I view that as a -- as a process. The bill also states that there should be ample time for public input, that it should reflect the regional diversity of the State, and maximize assets in different parts of the State. So -- so, that language is there for that -- for that stated purpose.
PRESIDING OFFICER: (SENATOR LINK) Senator Barickman.
Mr. -- Mr. President, to the bill. Ladies and Gentlemen, I think we -- many of us on this side of the aisle share with many of you on your side of the aisle the concern that we might turn around Illinois' economic climate and make Illinois a competitive place for doing business. I support Senator Manar's bill. I'm going to support it here. But I in no way think that this legislation puts in place the necessary components that we need to turn Illinois around. We're a State that faces a backlog of bills in the billions of dollars. We've got workers' compensation rates that are certainly not on par with our neighboring states. If you look at our unemployment rates, Illinois desperately lags behind our surrounding counterpart states in -- in the Midwest, but so many other states around the country. The concern I have here -- and, again, I -- you know, Senator Manar, I plan to support your bill. The -- the concern I have here is that we're putting up mere window dressing to cover the fact that Illinois is not a good place to do business. Much of what's in this legislation - and, again, I commend Senator Manar for -- for taking this task on - but much of what is in this legislation is permitted by law today. The -- the problem that we're having is that under this 73 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 administration, we do not have the leadership that is necessary to show to the business community and to the taxpayers a commitment to turning Illinois around. The tools that this bill puts in place are tools that already exist today. If Governor Quinn wanted to be the leader that our State needs, he'd already be taking the actions that are permitted to him under law. It was disheartening to have his Director of DCEO come into committee and not even be able to say that he knew what tools were available to him today that could benefit us in this regard. The Director of DCEO is an ex officio member to the committee that the -- to the advisory committee the Governor could set up today, yet the Director doesn't even know that. Why is that? It's because we have a Governor who is failing to show us the leadership that we need in this State. Again, Senator Manar, I commend you for the work you've done on this bill. I wish we could go further. And I certainly wish that we had a Governor who would use the tools we're trying to give him to make Illinois a better place. Thank you.
PRESIDING OFFICER: (SENATOR LINK) Senator Dillard, for what purpose do you rise?
Thank you. To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) To the bill.
You know, I view this bill as another shiny object that's distracting us from what is really stifling job creation and retention in Illinois, and that's our high taxes, our workers' compensation costs, our unfunded pension liability - which is probably the biggest of 'em all at this time, our regulatory 74 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 environment, our unpaid bills, and just an instability in Illinois government as it is perceived nationwide. You all on that side of the aisle, I think, need to be consistent with respect to economic development. You know, within the last couple of weeks, we've had a bill that has passed this Chamber that, in the eyes of some, undoes the workers' compensation agreement we had a couple of years ago. And we also just passed a bill that benefited and was an initiative of the Illinois Trial Lawyers Association, one the United States Chamber of Commerce refers to Illinois as a, quote, "judicial hellhole". And it is our climate, not legislation like this, our overall tax climate, regulatory climate, and reputation that makes us rate second to last in unemployment rates in America. One in ten people in this State is -- is unemployed. And that is absolutely unacceptable. I think Senator Barickman touched on it. I find it's ironic that we have a relatively -- in fact, a -- a freshman Senator sponsoring legislation, and I commend Senator Manar for his hard work on this, not the Governor or his administration after five years that's coming forward to try to revamp our State's economic development agency. So, I'm going to rise and vote for this bill, but I just think this is just one more shiny object. It keeps us from looking and recognizing what are our real problems, why one in ten people are unemployed, and that is our overall climate. And I urge you guys to be consistent on that side of the aisle and not pass other bills that actually make our climate worse. But that being said, you know, I commend Senator Manar for his work on this bill. At least somebody is paying attention to some facet of so-called economic development in the State of Illinois. Thank you.
PRESIDING OFFICER: (SENATOR LINK) 75 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 Senator Connelly, for what purpose do you rise?
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) To the bill.
I rise, too, in support of this bill, but I think it's important that we remember the beginning of this bill. The beginning of this bill was on Inauguration Day. It's when President Cullerton talked about Senate Bill 2. He talked about a private -- a public-private partnership. Other states around us are doing it and, frankly, they're kicking our butt in economic development - Ohio, Iowa, Indiana, Wisconsin, Kentucky. I asked Senator Manar for the opportunity to host a public hearing. And I think it's really important that you listen to this. We had a public hearing in Naperville on a draft bill. And I let everyone know that Senator Manar was gracious enough to come to Naperville so that we could get input on economic development in the State of Illinois. We're forty-ninth in the country. We're the laughing stock. So we had a packed house. And I was pretty excited about it, because I'm the host Senator. In Naperville, frankly, folks, we do business; we do it well. So what was the Department's reaction? Well, the Department sent emails throughout my district, to my business, telling them to -- to oppose this bill. Folks, it was a draft. So I started getting calls from folks in my district saying, "Mike, what is this? Does the State of Illinois have time to be doing this, when we're forty-ninth in the country in job creation?" So I appreciate the Department showing my residents just how jacked up our economic development strategy is here in 76 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 Illinois. I also asked the Director a couple of questions. But this one, I think, is important for everyone in the Body. I asked the Director, would you come up with a list of business regulations that need to be repealed? Because he told me that he gets a lot of calls from trucking industries and other industries, saying there are antiquated regulations. So I said, would you get me list of those so Senator Manar and I and -- bipartisan, we could do an omnibus business development bill? I'm still waiting for that letter, Mr. Director. Mr. President, I -- I ask for a Yes vote on this bill. We could go a lot farther in economic development in Illinois and I look forward to that day. Thank you.
PRESIDING OFFICER: (SENATOR LINK) Senator Bush, for what purpose do you rise?
Thank you, Mr. President. Will the sponsor yield for a couple questions?
PRESIDING OFFICER: (SENATOR LINK) Indicates he will.
Thank you. Let me say, first of all, that I did attend two of the hearings and what -- what I learned is that there are a lot of positive things about the State of Illinois too. I think we spend a lot of time talking about all the negatives about this State. But, frankly, we have a lot to offer. And what I heard was that we need to be talking about that at a State level. We need to be sharing, because frankly Indiana, Wisconsin, our surrounding states want to take businesses from us. It's not because they have more businesses. It's because we have the 77 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 businesses. They're trying to take them from us. So, we need a better marketing plan. That's what I heard, and I -- I'm really excited about this, and I did see DCEO change over that time. I would certainly agree the -- the meeting in Naperville, I would say it was rather adversarial. I think there were people that were concerned that we were privatizing an agency, which is not what's happening. This is a private-public partnership involving businesses, because they do know how best to market businesses. So I think this is a -- a wonderful opportunity for us to be working with the Illinois Chamber. Just going to read off the list of people who are proponents. Thank you. The Department of Commerce and Illinois Manufacturers' Association and IRMA. And these are what a lot of people would consider absolutely pro- business, more conservative organizations. And they see that we need to do this. So, really I thank Senator Manar for doing this. And, you know, I wish that more Members had attended the hearings. I was at one in Alton, which is a long way from where I live, and it really helped me to see the diversity in the State of Illinois and to understand that we're not here just to represent our district. We're here to represent the State of Illinois and make sure that all the geographical areas are looked at and have a marketing plan. So, anyway, if I could just ask a couple of questions. So, Senator Manar, does the annual piece of legislation cover DCEO's entire economic development plan and the council's business plan and marketing plan for the current year?
PRESIDING OFFICER: (SENATOR LINK) Senator Manar.
Yes, it does. It -- today there's no mandate in State law 78 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 that the Department plan. So this would require them to produce a product that maps out the next five years and produce it for us to have feedback and input on by July 1st of -- of next year.
PRESIDING OFFICER: (SENATOR LINK) Senator Bush.
So, will the businesses that receive a DCEO incentive have to return the incentive they received if their quarterly records show that, in fact, they did not meet their hiring requirements, replaced current jobs with lower-paying jobs, or have a net staffing increase but let current employees go?
PRESIDING OFFICER: (SENATOR LINK) Senator Manar.
The -- the bill in front of us today doesn't change the law in respect to clawback provisions that the Department already has. But what it does do for us that -- that I think will be very helpful, is it gives us very hard data to make informed policy decisions about when it comes to budgeting. So, we will have data at our hands so we can determine what is the best use of every dollar that we appropriate when it comes to a -- a whole list of programs administered by the Department. I think that would be incredibly valuable, not just for the appropriation process, but for how we determine what our public policy is when it comes to DCEO.
PRESIDING OFFICER: (SENATOR LINK) Senator Bush.
Sounds -- sounds like accountability. So, what, if any, role 79 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 does this legislation play in establishing the total amount of incentives that DCEO awards for the year, or how is the DCEO incentive line item appropriated annually?
PRESIDING OFFICER: (SENATOR LINK) Senator Manar.
The bill doesn't change -- it doesn't change the appropriation process. But, again, what I believe it will do is it will give us as Members and our committees that do the appropriating more data to base how we decide what is important and what may not be important in the Department's budget.
PRESIDING OFFICER: (SENATOR LINK) Senator Bush.
You know, I would just like to say that I didn't run to come down here to my -- pack my backs and run to Indiana -- or run someplace else. I ran to come down and work on hard problems and, obviously, we're in -- number forty-nine, which we like to point out over and over again. This is exactly the kind of legislation that we need to see to move this State forward and -- and I would urge an Aye vote. Thank you so much.
PRESIDING OFFICER: (SENATOR LINK) Senator Kotowski, for what purpose do you rise?
To the amendment.
PRESIDING OFFICER: (SENATOR LINK) To the bill.
To the bill. I just wanted to compliment Senator Manar on 80 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 his work on this. I know you've been working for months on this and that you've devoted much of your career to folks on providing solutions to very difficult problems. There's no question that we have challenges in the State of Illinois when it comes to our economy. Well, there's also no question that it's better to come up with a solution than it is to just say how bad things are. And the fact is, what you've put together is a five-year strategic plan to develop the economy in the State of Illinois and engaging people from the private sector. What I'm particularly struck by in this bill is it doesn't say, you know, we're not looking for the involvement of the private sector; we're engaging the private sector to come up with creative ways to make sure we bring businesses in. The other thing is, I think it reflects, in our budget, over the past years - and it's started to change, fortunately - there is a very small percentage of our budget that focuses in on -- directly on -- on job training, on economic development. And that's a reflection of the fact that we now know how the dollars are being spent, whether through education or human services or now economic development. You know, I -- I just want -- I can't emphasize enough how much I appreciate your time and your effort and your energy on this, because there -- there are - - many people who come in and they try and take on issues that are very simple. They run bills that are -- they basically get push back on and even their -- their minor initiative. This is a major undertaking. And I just want to point out, there aren't a lot of other people who are presenting this. And you're taking this on and it's a good opportunity for us to come up with a five-year plan to help get the State going in an even better direction than it is right now. So I want to compliment you on your work. You're 81 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 going to get an enthusiastic Aye vote from me, and I appreciate what you're doing.
PRESIDING OFFICER: (SENATOR LINK) Senator Manar, to close.
Thank you, Mr. President. I appreciate the -- the debate on the bill. I want to touch on -- on a couple of things. First, to Senator Connelly's point -- and I want to thank Senator Connelly for helping put together a hearing in Naperville that I found incredibly valuable to putting this bill together. And I want to point out, though, that -- that while Senate Bill 2 began with a much heavier approach to how DCEO is restructured, this bill does not dismiss the value of potential public-private partnerships, and the language of the bill reflects that. I believe there are places in the Department's workings where those things are very valuable and the bill states that the Department should take those into consideration. And that was a direct result of the -- the hearing that we had in Naperville. Another -- another direct result of the Naperville hearing, and also in Decatur, is that we put together a direct linkage between the private sector and the State agency responsible for economic development, which is, to my knowledge, the first time that we've done this. So this puts -- puts business people in the driver's seat in terms of a business development plan, which I think is a major -- major step forward for the State. It's a policy decision that we are making. We are saying it's important and we ought to go down that direction. And, finally, you know, in committee, I never presented this bill as a -- as a do-all, end-all to fix the ills that we face as a State. And I -- I don't present this bill to the Body any -- any 82 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 differently. This is a -- it's a step forward. It's my attempt to say that the Department can recognize that it can do things a little better and that we have a long way to go, but this is a small step forward. And to me, the biggest step forward in this bill is, for the first time, our State is going to put an emphasis on counties and cities and neighborhoods in this State that have high unemployment as a policy matter. I think that's a tremendous step for our State. I appreciate the debate and I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) The question is, shall House Bill 1544 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, 3 Nays, none voting Present. House Bill 1544, having received the required constitutional majority, is declared passed. House Bill 1443. Senator Kotowski. Senator Kotowski seeks leave of the Body to put House Bill 1443 on the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is House Bill 1443. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 3, offered by Senator Kotowski.
PRESIDING OFFICER: (SENATOR LINK) Senator Kotowski, on your amendment.
The -- the amendment becomes the bill. I'd like to address it on 3rd Reading.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, all those in favor 83 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Now on the Order of 3rd Reading is House Bill 1443. Mr. Secretary, please read the bill.
House Bill 1443. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Kotowski, on your bill.
…you -- thank you very much, Mr. President. House Bill 1443 creates the -- as amended, creates the Class B misdemeanor offense of failure to report hazing. The bill provides that a paid school official commits failure to report hazing when he or she personally observes the unsanctioned act, the act causes bodily harm, and the school official knowingly fails to report the act to supervising educational authorities or, in the event of death or great bodily harm, to law enforcement. The bill also provides an affirmative defense and prohibits prosecution for a person who assists with the hazing investigation. This is a byproduct of a negotiation that we had in the Criminal Law Committee. I believe we arrived at a -- at a good compromise and be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR LINK) 84 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 Is there any discussion? Seeing none, the question is, shall House Bill 1443 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. House Bill 1443, having received the required constitutional majority, is declared passed. House Bill 2520. Leader Muñoz. Mr. Secretary, please read the bill.
House Bill 2520. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Leader Muñoz, on your bill. SENATOR MUÑOZ: Thank you, Mr. President, Ladies and Gentlemen of the Senate. The bill amends the Charitable Games Act to clarify that events known as "poker runs" are charitable game {sic} (games) events. The run is an event in which participants travel to five or more predetermined locations, drawing a playing card or equivalent item in each location, in order to assemble a facsimile of a poker hand or a numeric score. The run also includes dice runs, marble runs, or any other similar events where the object is to build the best hand or the highest score by obtaining an item at each location. Other than the church action group, I know of no opposition. This is just to clarify in the Charitable Games Act itself.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 2520 pass. All those in favor will vote Aye. Opposed, 85 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 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 Ayes, 2 Nays, none voting Present. House Bill 2520, having received the required constitutional majority, is declared passed. House Bill 2583. Leader Muñoz. Mr. Secretary, please read the bill.
House Bill 2583. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Leader Muñoz, on your bill. SENATOR MUÑOZ: Thank you, Mr. President. This amends the Chicago Teachers' Article of Pension Code and states that an employer may not reclassify an hourly {sic} (non-hourly) employee as an hourly employee. It also creates the presumption that all teachers and staff are participants in the Fund, unless the employer proves to the board that an employee is not working as a teacher or an administrator. And it creates a penalty if an employer fails to timely certify and submit payroll records to the Fund. It also states that each charter school must have a pension officer who is responsible for certifying payroll information and contributions. I know of no opposition to the bill.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 2583 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 86 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 question, there are 47 Ayes, 9 Nays, none voting Present. House Bill 2583, having received the required constitutional majority, is declared passed. House Bill 2716. Senator Morrison. Mr. Secretary, please read the bill.
House Bill 2716. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Morrison, on your bill.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 2716 provides that if the chairman of the township central committee fails to notify the township clerk by first- class mail of the time and location of the political party's caucus not less than twenty days before the caucus, the political party shall not be able to nominate a candidate. I'm happy to answer any questions. I know of no opposition.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Senator McCarter, for what purpose do you rise? SENATOR McCARTER: A question of the sponsor.
PRESIDING OFFICER: (SENATOR LINK) She indicates she will yield. SENATOR McCARTER: Senator, can you -- can you give us an example of what might be taking place? And I understand it's not about parties here, it's about any -- you know, the election process. Can you -- give 87 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 us an example of what might happen here?
PRESIDING OFFICER: (SENATOR LINK) Senator Morrison.
I certainly can. The reason that the notice is important is because the clerk is supposed to post and to place in a public newspaper in advance the time and place of the caucus. It's always the first December -- or, excuse me, the first Tuesday of the -- of December preceding the election. This is just something that forces the -- the chairman to give timely notice so that the public is aware of it.
PRESIDING OFFICER: (SENATOR LINK) Senator McCarter. SENATOR McCARTER: Currently, if the timely notice is not given, what -- what is the consequence?
PRESIDING OFFICER: (SENATOR LINK) Senator Morrison.
There is no punishment. So what's happening, Senator, is that the -- the notice is being given very late. It would be akin to you not filing your petition on time, because the caucus actually replaces the petition.
PRESIDING OFFICER: (SENATOR LINK) Senator McCarter. SENATOR McCARTER: So if this passes, what will be the consequence?
PRESIDING OFFICER: (SENATOR LINK) Senator Morrison. 88 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013
It's going to require the chairman to take the responsibility to notify the clerk in a timely manner, and if he fails to do so -- if he fails to so, then they cannot nominate someone later from that party for that election.
PRESIDING OFFICER: (SENATOR LINK) Senator McCarter. SENATOR McCARTER: So if he fails to -- to do that, no one from that party will be able to be on the ballot. Is that correct?
PRESIDING OFFICER: (SENATOR LINK) Senator Morrison.
That's correct, not from that political party.
PRESIDING OFFICER: (SENATOR LINK) Senator McCarter. Senator -- no. Senator Morrison, to close, if you wish.
Thank you, Mr. President. This is a good government bill and I would appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) The question is, shall House Bill 2713 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 54 Ayes, 4 Nays, none voting Present. House Bill 2716, having received the required constitutional majority, is declared passed. House Bill 2767. Senator Tom Cullerton. Out of the record. The sponsorship on House Bill 2767 has changed to Senator Martinez. Mr. Secretary, 89 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 Senator Martinez seeks leave of the Body to return House Bill 2767 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is House Bill 2767. Have there been any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Martinez.
PRESIDING OFFICER: (SENATOR LINK) Senator Martinez, on your amendment.
Thank you, Mr. President, Members of the Senate. The amendment retains the underlying bill and amends the Chicago Teachers' Article of Illinois Pension Code and corrects some inconsistencies in statute and allows the Teachers' -- Teachers' Pension Fund to hold elections for board members by electronic means. And I'll be happy to discuss more on 3rd Reading.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is -- all those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Now on the Order of 3rd Reading is House Bill 2767. Mr. Secretary, please read the bill.
House Bill 2767. (Secretary reads title of bill) 3rd Reading of the bill. 90 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013
PRESIDING OFFICER: (SENATOR LINK) Senator Martinez, on your bill.
Thank you, Mr. President. House Bill 2767, as amended, now will actually -- the State Employees' Retirement System Article of Illinois Pension Code and disallows stipends that are paid to employees for a service on a board or commission from being considered compensation for pension purposes starting on July 1st, 2013. And I'll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 2767 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 Ayes, no Nays, none voting Present. House Bill 2767, having received the required constitutional majority, is declared passed. House Bill 2925. Senator Biss. Mr. Secretary, please read the bill.
House Bill 2925. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Biss, on your bill.
Thank you, Mr. President and Members of the Senate. House Bill 2925 simply states that a member of a governmental board who is appointed by a county is subject to the same ethics ordinances that the elected officials of that county are subject to. I ask 91 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 for your Aye votes.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 2925 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 57 Ayes, no Nays, none voting Present. House Bill 2925, having received the required constitutional majority, is declared passed. House Bill 3006. Mr. -- Senator Hunter seeks leave of the Body to return House Bill 3006 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is House Bill 3006. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 3, offered by Senator Van Pelt.
PRESIDING OFFICER: (SENATOR LINK) Senator Van Pelt, on Floor Amendment No. 3 to -- House Bill 3006. Out of the record. With leave of the Body, we'll go back to Supplemental Calendar 1 on Concurrences. Senate Bill 2266. Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendments 3 and 4 to Senate Bill 2266. Signed by Senator Koehler.
PRESIDING OFFICER: (SENATOR LINK) Senator -- Senator Koehler, on your motion.
Yes. Thank you, Mr. President, Members of the Senate. Apologize for the confusion here. Just to summarize this, 92 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 represent -- legislation represents the authorization allowing the State's three largest gas utilities to recover the cost for infrastructure upgrades. And I'd be happy to answer any questions.
PRESIDING OFFICER: (SENATOR LINK) Is there any question? Seeing none, the question is, shall the Senate concur with House Amendments 3 and 4 to Senate Bill 2236 -- 2266. All those in favor will say Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 Ayes, 3 Nays, none voting Present. Having received the required constitutional majority, the Senate does occur {sic} with House Amendments 3 and 4 to Senate Bill 2266, and the bill is declared passed. Will all members of the -- on Assignments please come to the President's Anteroom? All members on Assignments, please come to the President's Anteroom. The Senate will stand in recess -- at ease. (at ease) The Senate will come back to order. Mr. Secretary, Committee Reports.
Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to Energy Committee - Motion to Concur on House Amendment 1 and 2 to Senate Bill 2350; refer to Executive Committee - Floor Amendment 4 to Senate Bill 1002, Senate Resolution 70, Motion to Concur on House Amendment 1 to Senate Bill 1474, Motion to Concur on House Amendment 1 and 3 to Senate Bill 1603, Motion to Concur on House Amendment 1 and 2 to Senate Bill 1718; refer to Judiciary Committee - Floor Amendment 3 to House Bill 3390, Motion to Concur on House Amendment 2 to Senate Bill 1358; re-refer from State Government and Veterans Affairs Committee to Assignments Committee 93 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 - Senate Resolution 217, 243, 257, 298, 301, 326, Senate Joint Resolution 35, House Joint Resolutions 5, 24 and 27; Be Approved for Consideration - Floor Amendment 3 to House Bill 2418 and Floor Amendment 2 to House Bill 2869. Signed, Senator James F. Clayborne, Chairman. Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to Executive Committee - Committee Amendment 1 to Senate Resolution 70; Be Approved for Consideration - Senate Resolutions 217, 243, 257, 298, 301, 326, Senate Joint Resolution 35, and House Joint Resolutions 5, 24 and 27. Signed, Senator James F. Clayborne, Chairman.
PRESIDING OFFICER: (SENATOR LINK) Senator Haine, for what purpose do you rise?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR LINK) State your point.
We -- we've had a long day. I -- I'm presuming it's over. No? I wanted to call the -- the -- the -- the attention of the Chamber to the fact that we -- we just came back from a holiday yesterday, Memorial Day. We only met briefly so we couldn't call attention to it. The thirtieth of the month, of course, is the historic Memorial Day, Decoration Day. Yesterday was the observed. So it's good for us to remember this week those who have died in the service of the country. It is a unique and profound act to take an oath as a member of the Armed Forces of the United States. The men and women who have done this over the centuries have taken 94 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 this oath knowing that they're placed in harm's way to defend the republic, to defend liberty, and they've done it with that knowledge. Those who did not return, those who returned broken and smashed and lived in a twilight time during their years, all deserve our prayers all of this week. And we should recall that the defense of one's country, especially a democracy, is a sacred calling. It's the supreme act of charity. The -- in fact, the Roman -- the oath of allegiance as a Roman soldier to the Roman state was called a "sacramentum" from where we get the word "sacrament". That was the word for that oath. Think about that. It wasn't just any oath. It was a sacramentum, which no one could violate. And our soldiers that are buried throughout this land, all of those who served in -- in -- in the -- in the Armed Forces, took that sacred oath and they fulfilled their duty, and I would ask for a -- a moment of silence in profound respect and memory of them.
PRESIDING OFFICER: (SENATOR LINK) A moment of silence for all those who gave their lives in -- for our freedom. (Moment of silence observed) Senator Luechtefeld, for what purpose do you rise?
Thank you, Mr. President. On an earlier vote today, on Senate Bill 2266, I mistakenly hit the red button and I meant to hit the green button. So if I could be recorded as a Yes on 2266, Senate Bill. Thank you.
PRESIDING OFFICER: (SENATOR LINK) Anytime you vote Yes, your -- it will be reflected. Now, I'm going -- committee -- committees -- I want to make the announcement of all the committees. Education will meet in Room 400 at 10 a.m. 95 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 tomorrow. Judiciary will meet in Room 212 at 10:30 tomorrow. Human Services will meet in Room 409 at 10:30 tomorrow. These are all a.m., in case you're wondering. Local Government will meet in Room 212 at 11 a.m. tomorrow. And Criminal Law will meet in Room 409 at 11 a.m. tomorrow. Senator Rose, for what purpose do you rise?
Mr. President, on Senate Bill 1816, I'd like to be recorded as voting No. Thank you.
PRESIDING OFFICER: (SENATOR LINK) The record will reflect your intention. We will go to the Order -- on page 10, on Resolutions. House Joint Resolution 1. Senator Collins. Mr. Secretary, please read the resolution.
House Joint Resolution 1, offered by Senator Collins.
PRESIDING OFFICER: (SENATOR LINK) Senator Collins, on your resolution.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. HJR 1 creates the Truancy in Chicago Public Schools Task Force. The Task Force shall identify different strategies and approaches to help educators and CPS administration address the truancy and excessive absences epidemic in Chicago and report its findings to the General Assembly by December 21st {sic} (31st), 2013. And the -- HJR 1 is in response to a recent report done by the Tribune on the truancy problem -- the severe truancy problem in Chicago.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? As this resolution requires 96 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 expenditure of State funds, a roll call will be required. 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 55 Ayes, 3 Nays, none voting Present. Having received the required constitutional majority -- is declared adopted. One more announcement. Appropriation {sic} (Appropriations) II will be meeting at 8 a.m. in Room 212. Senator Jones, for what purpose do you rise?
Thank you, Mr. President. Personal privilege.
PRESIDING OFFICER: (SENATOR LINK) State your point.
I would like to thank you for taking in consideration for moving my committee, Local Government, to 11 o’clock instead of 9 a.m. Thank you.
PRESIDING OFFICER: (SENATOR LINK) I hope you can make it on time. With leave of the Body, we will go -- go to page 7. House Bill 2869. Senator Steans {sic} (J. Cullerton) seeks leave of the Body to return House Bill 2869 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is House Bill 2869. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by President Cullerton.
PRESIDING OFFICER: (SENATOR LINK) President Cullerton, on the amendment.
Yes, if I could adopt Amendment No. 1. This is the amendment 97 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 that becomes the bill and it provides that -- for a -- 2.7 billion dollars in additional bond authorization to fund capital projects. And then I could debate the bill on 3rd Reading. Adopt the amendment.
PRESIDING OFFICER: (SENATOR LINK) Is there any question? 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?
Floor Amendment No. 2, offered by President Cullerton.
PRESIDING OFFICER: (SENATOR LINK) President Cullerton, on Floor Amendment No. 2.
Thank you, Mr. President. This is a technical amendment to correct a drafting error. I move for its adoption.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. And there has been a sponsor change to President Cullerton on the bill. Mr. Secretary, please read the bill.
House Bill 2869. (Secretary reads title of bill) 3rd Reading of the bill. 98 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013
PRESIDING OFFICER: (SENATOR LINK) President Cullerton, on your bill.
Yes, thank you, Mr. President, Members of the Senate. Many folks have been new Members in the last four years and were not here in 2009 when we passed the capital bill. Senator Radogno and I first got elected to our positions. We sat down immediately. There had been gridlock in the State with regard to capital. It had been ten years or more before a capital bill had been passed. We negotiated with the House, both leaders in the House, and we passed a very significant capital bill. It was the largest in the nation at the time. In fact, I remember that NCSL said that there were thirty-nine billion dollars' worth of capital projects passed that year in the entire nation. Thirty-one billion of it was from Illinois. As part of that capital bill, we had to authorize the sale of bonds. And so we did that in three phases. This bill is the final phase. This would provide 2.7 billion dollars in addition -- in additional bond authorization to fund these capital projects. We will, later on in the next few days, reappropriate that money that we appropriated back then in 2009. It's something which I believe has bipartisan support and I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Leader Radogno, for what purpose do you rise?
Thank you, Mr. President. To the bill: I would concur with Senator Cullerton that this was an agreement that was reached and, as doesn't often happen under this dome, everyone's lived up to 99 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 what they said they would do. The projects have been distributed fairly. You know, I think this is definitely one thing that we can all claim success in and I -- urge everyone to authorize the final distribution of this money. Thank you.
PRESIDING OFFICER: (SENATOR LINK) Is there any further discussion? Seeing none, President Cullerton, to close.
Yes, I would just simply ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) The question is, shall House Bill 2869 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 55 Ayes, 2 Nays, none voting Present. House Bill 2869, having received the required constitutional majority, is declared passed. We will go to page 9 of the Calendar. House Bill 1573. Senator -- Leader Muñoz. Mr. Secretary, please read the bill.
House Bill 1573. (Secretary reads title of bill) 3rd Reading of the bill. Oh! Sorry. 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR LINK) Are there any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. There will be no further Floor action today. 100 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 The Senate will stand at ease to accept from the House. The Senate stands in recess. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR CLAYBORNE) Senate will come to order. There being no further business to come before the Senate, the Senate stands adjourned until the hour of 12 p.m. on the 29th day of May, 2013. The Senate stands adjourned.
Pursuant to the directive of the Senate President, the regular Session of the Senate is now in perfunctory Session. Communication from the President. Dear Mr. Secretary - Pursuant to Senate Rule 2-10, I am scheduling a perfunctory Session to convene on Tuesday, May 28th, 2013. Sincerely, John J. Cullerton, Senate President. Messages from the House. Message from the House by Mr. Mapes, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 1584. Together with the following amendments which are attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendments 1 and 2 to Senate Bill 1584. We have received like Messages on Senate Bill 1912, with House 101 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 Amendments 1 and 2; Senate Bill 2136, with House Amendment 1; Senate Bill 2234, with House Amendment 1; Senate Bill 2326, with House Amendment 1; Senate Bill 2371, with House Amendments 1, 2 and 3. Passed the House, as amended, May 28th, 2013. Timothy D. Mapes, Clerk of the House. A Message from the House by Mr. Mapes, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed a bill of the following title, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 206. We have received like Messages on House Bills 208, 213, 214 and 215. Passed the House, May 28th, 2013. Timothy D. Mapes, Clerk of the House. House Bills 1st Reading. House Bill 206, offered by President Cullerton. (Secretary reads title of bill) House Bill 208, offered by President Cullerton. (Secretary reads title of bill) House Bill 213, offered by President Cullerton. (Secretary reads title of bill) House Bill 214, offered by President Cullerton. (Secretary reads title of bill) House Bill 215, offered by President Cullerton. (Secretary reads title of bill) 1st Reading of the bills. Committee Reports. Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: 102 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 59th Legislative Day 5/28/2013 Re-refer from Executive Committee to Assignments Committee - House Bills 1154, 1165 and 1166; re-refer from Higher Education Committee to Assignments Committee - Senate Resolution 309; Be Approved for Consideration - Senate Bills -- 2555, 2556, (House Bills) 206, 208, 213, 214, 215, Floor Amendment 4 to House Bill 3006. Signed, Senator James F. Clayborne, Chairman. Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to Appropriations II Committee - Floor Amendment 1 to Senate Bill 2555, Floor Amendment 1 to Senate Bill 2556; refer to Executive Committee - Floor Amendment 2 to House Bill 1573; Be Approved for Consideration - House Bills 1154, 1165, 1166, and Senate Resolution 309. Signed, Senator James F. Clayborne, Chairman. There being no further business to come before this perfunctory Session, pursuant to the directive of the Senate President, the Senate stands adjourned until Wednesday, May 29th, 2013, at the hour of 12 noon, or until the call of the President. The Senate stands adjourned. 103