PRESIDING OFFICER: (SENATOR HARMON) The regular Session of the 98th General Assembly will please come to order. Will the Members please be at their desks? Will our guests in the galleries please rise? The invocation today will be given by Pastor Shaun Lewis of the Capitol Commission in Springfield, Illinois. Pastor.
(Prayer by Pastor Shaun Lewis)
PRESIDING OFFICER: (SENATOR HARMON) Please remain standing for the Pledge of Allegiance. Senator Jacobs, would you please lead us?
(Pledge of Allegiance, led by Senator Jacobs)
PRESIDING OFFICER: (SENATOR HARMON) Blueroomstream.com requests permission to videotape the proceedings. Is there any objection? Seeing none, leave is granted. Mr. Secretary, Reading and Approval of the Journal.
Senate Journal of Wednesday, May 29th, 2013.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hunter.
Sorry about that, 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 HARMON) Thank you, Senator Hunter. Senator Hunter moves to postpone the reading and approval of the Journal, pending arrival of the printed transcript. There being no objection, so ordered. Mr. 1 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Secretary, Resolutions.
Senate Resolution 350, offered by Senator Oberweis and all Members. And Senate Resolution 351, offered by Senator Haine and all Members. They are both death resolutions, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Resolutions Consent Calendar.
Senate Joint Resolution 38, offered by Senator Harmon. And Senate Joint Resolution Constitutional Amendment 39, offered by Senator Harmon. They are both substantive.
PRESIDING OFFICER: (SENATOR HARMON) Mr. Secretary, Committee Reports.
Senator Delgado, Chairperson of the Committee on Education, reports Motion to Concur with House Amendment 1 to Senate Bill 1221 Recommend Do Adopt; House Joint Resolution 33 and 36 Be Adopted. Senator Jacobs, Chairperson of the Committee on Energy, reports Motion to Concur with House Amendment 1 to Senate Bill 2350 and House Amendment 2 to Senate Bill 2350 Recommend Do Adopt; and Senate Amendment 1 to House Bill 2753 Recommend Do Adopt. Senator Hutchinson, Chairperson of the Committee on Revenue, reports Motion to Concur with House Amendment 1 to Senate Bill 2326 Recommend Do Adopt. Senator Clayborne, Chairman of the Committee on Assignments, 2 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 reports the following Legislative Measures have been assigned: Refer to Criminal Law - Motion to -- Committee - Motion to Concur on House Amendment 1 to Senate Bill 1968; refer to Executive Committee - Motion to Concur on House Amendment 1 to Senate Bill 1495, Motion to Concur on House Amendment 1 {sic} (2) to Senate Bill 1664, Motion to Concur on House Amendment 2 and 3 to Senate Bill 1723, Motion to Concur on House Amendment 2 to Senate Bill 1772; refer to Financial Institutions Committee - Motion to Concur on House Amendment 1 and 2 to Senate Bill 56; refer to Judiciary Committee - Motion to Concur on House Amendment 1 to Senate Bill 1330; Be Approved for Consideration - House Bill 1040, Senate Resolution -- 337, Senate Resolution 338, and House Joint Resolution 37. Signed, Senator James F. Clayborne, Chairman.
PRESIDING OFFICER: (SENATOR HARMON) Ladies and Gentlemen of the Senate, we are going to be turning to the Order of House Bills 3rd Reading. This is substantive final action. We will be turning to the Order of House Bills 3rd Reading, starting at the top of that order on page 4 of your printed Calendars. If all Members within the sound of my voice could be at their desks, we are going to be turning to final action. WAND Television requests permission to videotape the proceedings. Seeing no objection, permission is granted. Ladies and Gentlemen of the Senate, we're turning to House Bills 3rd Reading. This is final action. With leave of the Body, we're going to begin near the top of the order at House Bill 116. Senator Biss, are you ready to proceed? With leave of the Body, we're going to move through the order, trying to pick up the bills we expect are ready to be called. So with leave of the Body, we're going to jump 3 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 forward to… With leave of the Body, we're going to turn to House Bill 1457. Senator Clayborne. House Bill 1573. Senator Muñoz. House Bill 810. Senator Sandoval. House Bill 1849. Senator Manar. House Bill 2317, we'll return with leave of the Body. House Bill 2423. Senator Hunter. With leave of the Body, we'll return to House Bill 2427. House Bill 2494. Senator Jacobs. We skipped over House Bill 1295. There has been a sponsorship change and the sponsor is here. So with leave of the Body, we'll return to House Bill 1295, Mr. Secretary. Senator Hastings, I believe, is the new sponsor of this bill. We're going to confirm our paperwork is current. Senator Hastings, it is. Mr. Secretary, please read the bill.
House Bill 1295. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hastings.
Thank you, Mr. President. House Bill 1295 allows for the Illinois Urban Development Authority to use funds for transportation projects. It also defines terms in the Illinois Urban Development Authority Act. And I'll leave it open for questions.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 1295 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 4 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 the record. On that question, there are 57 voting Aye, none voting No, none voting Present. House Bill 1295, having received the required constitutional majority, is declared passed. Senator Althoff, for what purpose do you seek recognition?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Please state your point, Senator.
Thank you. I have, to the right of me, the most beautiful brilliant child in the Chambers, in my estimation. Her name is Whitney Wilson. She's seven years old. She goes to Farmingdale School, and she's just finishing the first grade. She loves to read and her favorite book is The White Stallion. But most importantly, she is a gymnast. She's taken two years of training at L & M Gym, and she is the daughter of our staffer, Staci Wilson. So can we give her a nice welcome to Springfield, please?
PRESIDING OFFICER: (SENATOR HARMON) Miss Wilson, welcome to the Illinois State Senate. Senator Hastings, for what purpose do you rise?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Please state your point, Senator.
I'd like to welcome a pretty noble young man. His name is Chris Ryan. Chris is a senior at the United States Military Academy at West Point, one of my favorite institutions. Chris is the captain of the Triathlon team at West Point. He's in Company 5 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 D4, otherwise known as the Dukes. After graduation, Chris will go on to become an armor officer. Unfortunately, he's not going to be an artilleryman, because that is the king of battle, but we'll accept armor. Chris will go on this summer to be a cadet platoon leader. He'll lead thirty-two young men and young women at Fort Carson, Colorado, which is one of the finest military installations. And then he'll follow on at Sandhurst and he'll train soldiers there as well. And I just wanted to give him a warm, warm Springfield welcome.
PRESIDING OFFICER: (SENATOR HARMON) Welcome to the Senate, Cadet. Ladies and Gentlemen of the Senate, we're going to continue on the Order of House Bills 3rd Reading. House Bill 2530. Senator McConnaughay. House Bill 2535. Senator Steans. House Bill 2753. Senator Biss. Mr. Secretary. Senator Biss seeks leave of the Body to recall House Bill 2753 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading, House Bill 2753. Mr. Secretary, have there been any amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Biss.
PRESIDING OFFICER: (SENATOR HARMON) Senator Biss, on the amendment.
Thank you, Mr. President. This amendment simply makes some very, very modest technical changes. I'm happy to discuss it on the Order of 3rd Reading.
PRESIDING OFFICER: (SENATOR HARMON) Senator Biss moves to adopt Floor Amendment No. 1 to House Bill 2753. All in favor, say Aye. Opposed, Nay. The Ayes have 6 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 it, and the amendment is adopted. Mr. Secretary, have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading, House Bill 2753. Mr. Secretary, please read the bill.
House Bill 2753. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Biss.
Thank you, Mr. President and Members of the Senate. House Bill 2753 is the second in a long stage of steps to explore the possibility of using wind offshore in Lake Michigan to provide renewable energy. What this bill does is simply puts in place a study of the lake bed, to divide it into different categories of region depending upon their favorability for wind development, and puts in place a motion to enable permitting as well. I -- we had a long discussion about this in committee. At this point, I no longer know of any opposition and I'm happy to answer any questions.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 2753 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 7 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 the record. On that question, there are 55 voting Aye, none voting No, 2 voting Present. House Bill 2753, having received the required constitutional majority, is declared passed. With leave of the Body, we're going to turn back a couple of House bills on our Calendar to House Bill 2423. Senator Hunter wishes to proceed. Mr. Secretary, please read the bill.
House Bill 2423. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hunter.
Thank you, Mr. President. House Bill 2423 is a compromise between the Illinois Health Facilities and the -- Service {sic} (Services) Review Board and the Illinois Medical Society. And it's a cleanup bill that amends the Health Facilities Planning Act to clear up logistical issues that has arisen since the passage of major reform in the health planning process in 2009. And I wish for an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 2423 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting No, none voting Present. House Bill 2423, having received the required constitutional majority, is declared passed. Continuing on our printed Calendar is House Bill 2764. Senator Muñoz seeks 8 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 leave of the Body to recall House Bill 2764 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 2764. Mr. Secretary, have there been any Floor amendments approved for consideration?
Floor Amendment No. 3, offered by Senator Muñoz.
PRESIDING OFFICER: (SENATOR HARMON) Senator Muñoz, on your amendment. SENATOR MUÑOZ: Thank you, Mr. President. If we can adopt the amendment, it's the bill and I'll explain it on 3rd Reading.
PRESIDING OFFICER: (SENATOR HARMON) Senator Muñoz moves to adopt Floor Amendment No. 3 to House Bill 2764. All in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading, House Bill 2764. Mr. Secretary, please read the bill.
House Bill 2764. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Muñoz. SENATOR MUÑOZ: Thank you, Mr. President, Ladies and Gentlemen of the Senate. 9 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 The bill retains the underlying provisions of the engrossed bill with the following additions: It adds a definition of "municipal network sign", which means an official sign or a sign that is located on property controlled by a local government that has a population of two million or more and also adopts zoning regulations that are consistent with the Highway Advertising Control Act; it's also controlled under the direction of the local government; and complies with a zoning regulation consistent with the Act; it's used to communicate emergency, public and commercial information; it is also consistent with the intent of the Act and the customary use of local government as to the sign installation and operation, including size, lighting and spacing. IDOT must be {sic} waived any provision of the Act to extent that such waiver does not contravene the federal Highway Beautification Act, also the regulations adopted thereunder. Further provides any municipal network applications pending on May 1, 2013, that are not affected by compliance with federal HBA shall be issued within ten days of the effective date of the bill. Further states that to the extent that the Secretary of the U.S. Department of Transportation or any court finds permit granted pursuant to such waiver be inconsistent with -- preempted by the federal Act, the permit shall be void. I know of no opposition to the bill and I'll answer any questions.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall House Bill 2764 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting 10 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 No, none voting Present. House Bill 2764, having received the required constitutional majority, is declared passed. Senator Brady, for what purpose do you seek recognition?
Thank you, Mr. President. For a point of personal privilege.
PRESIDING OFFICER: (SENATOR HARMON) State your point.
I would like to introduce to the Ladies and Gentlemen of the Senate and those in the gallery, my guest today, who's also paging for us, Emily Broadfield. Emily will be in second grade next fall. She likes gymnastics, Partners in Reading, and horseback riding. She is the daughter of Debbie Broadfield and the granddaughter of Sue Clark, who we all know. Eventually, she wants to be a pet doctor and she wanted to spend the eve of her seventh birthday with us here in the Senate. If you'd please join me in welcoming Emily.
PRESIDING OFFICER: (SENATOR HARMON) Emily, welcome to the Illinois State Senate. Will our guests in the galleries rise as well, to be welcomed to the Illinois State Senate? Senator Trotter, for what purpose do you rise?
Mr. President, thank you very much. For a point of personal privilege.
PRESIDING OFFICER: (SENATOR HARMON) Ladies and Gentlemen, if we could keep the noise levels on the Floor down just a little bit so that our speakers can be heard. Senator Trotter, for your introduction.
11 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Okay. Thank you, again, sir. Like Senator -- Brady, I'm honored today to have a -- a young lady here with me, Jayla Pickens, who is a junior over in Lanphier High School. She is a track star and volleyball star, but -- but more than that, she is a -- a lover of the arts. She's a songstress. She's a songwriter, very active in her church, and -- and everyone knows I'm always in need of prayer. So it's -- I'm personally blessed to have her here today to be with us. Ultimately, she's actually looking to go to the Art Institute in the City of Chicago to be a fashion designer. So, today she's learning the politics of Illinois, but she'll be dressing us and we'll be looking good as we do politics in Illinois in -- in recent years -- or soon to come. So, please join me in honoring and -- having Jayla Pickens here with us today.
PRESIDING OFFICER: (SENATOR HARMON) …Pickens, we all appreciate your prayers for Senator Trotter. Welcome to the Illinois State Senate. Ladies and Gentlemen of the Senate, we're going to continue on the Order of House Bills 3rd Reading. On page 7 of your printed Calendar, near the middle of the page, is House Bill 2955. Senator Morrison. Mr. Secretary, please read the bill.
House Bill 2955. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Morrison.
Thank you, Mr. President. House Bill 2955 requires that within sixty days of the Governor's signature that the State budget 12 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 be placed online. I'd be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall House Bill 2955 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 59 voting Aye, none voting No, none voting Present. House Bill 2955, having received the required constitutional majority, is declared passed. House Bill 3006. Senator Van Pelt. Mr. Secretary. Senator Van Pelt requests leave of the Body to return House Bill 3006 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 3006. Mr. Secretary, have there been any Floor amendments approved for consideration?
Floor Amendment No. 3, offered by Senator Van Pelt.
PRESIDING OFFICER: (SENATOR HARMON) Senator Van Pelt, on your amendment.
Yes. I would like the amendment adopted. And -- and I'm going to discuss it on 3rd.
PRESIDING OFFICER: (SENATOR HARMON) Senator Van Pelt moves to adopt Floor Amendment No. 3 to House Bill 3006. All in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, have there been any further Floor amendments approved for consideration?
Floor Amendment No. 4, offered by Senator Van Pelt.
PRESIDING OFFICER: (SENATOR HARMON) 13 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Senator Van Pelt.
Floor Amendment 4 is -- makes some technical changes and I would like to have it adopted and then discuss it on 3rd Reading.
PRESIDING OFFICER: (SENATOR HARMON) Senator Van Pelt moves to adopt Floor Amendment No. 4 to House Bill 3006. All in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 3006. Mr. Secretary, please read the bill.
House Bill 3006. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Van Pelt.
Yes, Amendment No. 3 of House Bill 3006 extends the life of the Midwest (Redevelopment) TIF for an additional twelve years, which would allow the City of Chicago to support the expansion and redevelopment of the Mount Sinai Hospital. A two-hundred-and- twelve-thousand-square-foot ambulatory care center facility will be built and also renovation of a hundred-and-eighty-four- thousand-square-foot inpatient pavilion. And I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) 14 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Thank you, Senator. Is there any discussion? Seeing none, the question is, shall House Bill 3006 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting No, 1 voting Present. House Bill 3006, having received the required constitutional majority, is declared passed. House Bill 3021. Senator Silverstein. Senator Silverstein seeks leave of the Body to return House Bill 3021 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading, House Bill 3021. Mr. Secretary, have there been any Floor amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Silverstein.
PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein, on your amendment.
I'll address the amendment on 3rd Reading, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein moves to adopt Floor Amendment No. 2 to House Bill 3021. All in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading, House Bill 3021. Mr. Secretary, please read the bill.
15 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 House Bill 3021. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein.
Thank you, Mr. President. This makes the theft of a catalytic converter a Class 4 felony.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall House Bill -- oop! Senator Van Pelt. I apologize. For what purpose do you rise?
A question to the sponsor.
PRESIDING OFFICER: (SENATOR HARMON) The sponsor indicates that he will yield. Senator Van Pelt.
I'm sorry, but I thought that was a bill that we were bringing back to Criminal Law, or…
PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein.
We did bring it back to Criminal Law.
PRESIDING OFFICER: (SENATOR HARMON) Senator -- Senator Van Pelt.
Well, I'd like to speak to the bill.
PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator. 16 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
Senate Bill 3021 makes it a Class 4 felony to steal a catalytic converter. And I understand that when someone steals your catalytic converter, you have a problem with your car and you have, you know, trouble and it's going to cost you money to get it fixed. Making it a Class 4 felony, to me, does not make sense, because, with a Class 4 felony, there's a certain amount of time that has to be spent in prison. So, not only would a owner have to pay for its catalytic converter, he then has to pay for someone's housing, clothes, food, medical services and everything else while he's in prison relaxing and you pay for that and your catalytic converter. So I do not believe that enhancing a penalty to a felony really will improve our conditions. I believe that a better response would be to cause them having to pay a fine that goes to the person who has lost his catalytic converter. Because if you actually catch the person that stole the catalytic converter, you could actually get money from them to pay for it and maybe make them do some type of services, rather than paying for them to go to prison. I mean, that makes no sense at all. We already have -- our prisons are bursting at the seams. A catalytic converter is just another part of a car. And it makes no sense at all to then send people to prison for at least a year, which costs us about thirty thousand dollars, for a catalytic converter that they're going to get a hundred dollars for. That doesn't make sense to me. And I know that, you know, we don't want to be soft on crime, but let's not -- I want to encourage us to start thinking forward, forward-thinking about how to deal with the challenges we face as a community. And -- and this is one of the bills that I -- I wanted to raise my voice on, and others like this, because 17 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 it's important, I think, for us to realize if we want to stop spending over a billion dollars in the prisons, then we need to stop sending people to prison, nonviolent crimes, to join arsonists and murderers and rapists and thieves and all kinds of people joined all together to learn new skills. Many of these people going to prison, it's just a higher institution of learning for them. So I encourage our peers here to pay attention to what's happening, because we have to wear the jacket for what we're doing. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Van Pelt. If we could keep the noise level down on the Floor during the debate, much appreciated. Senator Righter, for what purpose do you rise?
Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he will yield.
Thank you, Mr. President. Senator Silverstein, I want to follow up on Senator Van Pelt's issue with regards to bringing it back to committee. It's my recollection, and correct me if I'm wrong, that when you -- when the bill was first presented in the Criminal Law Committee that there was some objection to language that basically said that if the individual who was found to be, in one way or another, in possession of a Cadillac {sic} converter and didn't offer up what was, in law enforcement's judgment, a good explanation for why they had it, there was an inference that they were involved in some kind of crime with regards to that piece of equipment. It's my recollection, also, that you then brought 18 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 the bill back with that language stripped out. Is that correct?
PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein.
That is correct, Senator Righter. We removed the inference. That's -- Senate Floor Amendment No. 2 did that. You're a hundred percent correct. There's no inference.
PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.
Mr. President, with that, I simply rise in support of the bill. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Further discussion? Senator Brady, for what purpose do you rise?
Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he will yield.
Senator, the previous lady, I think, brought up some good points. If they're convicted of this, it's -- tell me what penalty they'd be subject to with a Class 4 felony.
PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein.
That would be a one to three years in jail. And -- and if I could just expound on that - when you're done, Senator Brady - and reply to Senator Van Pelt when I'm done. 19 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein. We -- we don't have the timer on, Senator Silverstein. You can respond.
Oh. But the answer to Senator Brady's is, is that it's one to three years.
PRESIDING OFFICER: (SENATOR HARMON) Senator Brady.
And that would be a first offense?
PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein.
Yes -- yes, Senator Brady.
PRESIDING OFFICER: (SENATOR HARMON) Senator Brady.
I -- I understand theft's a serious problem, but Senator Van Pelt, I think, brings up some good points. Our prisons are overcrowded. The Governor's closed prisons. People are in gymnasiums. We're having trouble funding it. Can you tell me why you think this offense demands such a serious penalty?
PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein.
In response, let me just look at the overall statute. If you look at the statute, this is a pretty less -- less punishable offense than we have for other parts that are taken from vehicles. If you look at the statute, under the word "essential parts" of a 20 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 -- taking something from a car, which would be a radio or a moonroof, that's a Class 2 felony, which is three to five years. This is only a one- to three-year punishment. Unfortunately, catalytic converters are very expensive. They're sold on the -- on the black market and this is what we're trying to prevent. So it's more of a -- a preventive type of statute.
PRESIDING OFFICER: (SENATOR HARMON) Senator Brady.
One last question: How do you respond to Senator Van Pelt's argument that if you throw these people in jail for three years, they'll never be able to make economic remuneration to the victim?
PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein.
First of all, they shouldn't be doing that in the first place so we don't have to deal with that. And they do probably, would hopefully, get probation if it's their first offense. So I understand Senator Van Pelt's argument. She makes a valid argument. I mean, it goes down to -- it's a bigger argument we can make down here about how many -- how we're enhancing penalties and -- but I think with this statute solely, if you look at other parts that are stole from cars, this -- the punishment is less severe.
PRESIDING OFFICER: (SENATOR HARMON) Further discussion? Senator Murphy, for what purpose do you rise?
Question of the sponsor. 21 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he will yield. Senator Murphy.
Senator, are you as shocked and horrified as I am that Senator Righter, from a auto-loving, car-loving district like his, referred to the -- the part at issue in this as a "Cadillac" converter?
PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein.
I'm never shocked at what goes on on the other side of the aisle.
PRESIDING OFFICER: (SENATOR HARMON) Senator Murphy. Senator Raoul, for what purpose do you rise?
To the -- to the bill: I am -- I am one who usually expresses great caution to what is perceived as penalty enhancements. And -- and I've given a lot of thought to this particular bill and -- and -- and what Senator Silverstein did point out is that in the -- in the -- in the Criminal Code right now, there are certain essential parts that would carry a Class -- would be a Class 2 felony. And I am -- I -- I am not wholesale against enhancements. I think we need to do, as Senator Silverstein has done in this bill, and look at the Criminal Code altogether and -- and make things proportional. As I was talking to another colleague, I just had a car where my catalytic converter just happened to go out. It is a very expensive part to go -- to -- to go out. And when we start talking about thresholds for making theft from a Class A to -- or -- or -- to -- to a Class 1 felony, the value of 22 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 the part comes in -- into -- into consideration. So I think this is a reasonable bill. I'm sensitive to the -- the arguments that Senator Van Pelt brought up, but I think this is a reasonable bill that serves as a deterrent to -- to -- to such theft. And -- and in -- in cases, and judges will still have the discretion to consider this a -- a probationable offense, but we do need to have deterrents to -- to people doing what they ought not to do, and - - and that's stealing.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Delgado, for what purpose do you rise?
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates he will yield.
Senator, help me understand on this language, is this a first- time offender would also face this enhanced penalty?
PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein.
That is correct, Senator Delgado.
PRESIDING OFFICER: (SENATOR HARMON) Senator Delgado.
Thank you, Mr. President. I'm sure you're aware as an attorney, under the FBI index of the five felony-type crimes, theft over five hundred dollars is already a felony. And under the FBI index, it is exactly -- so five hundred dollars or more is already 23 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 a felony. So this is an enhancement for catalytic converters that, as -- as -- would it be actually like a probationer -- a probationary type approach if it's a first offense? It's a -- and at the end of the day, there are -- there are checks and balances in the law. The end of the day, with so many other collateral problems that we have, to enhance this penalty is the wrong way to go. On a first offender, third offense, they're going to be thrown in the same boat. So we're covered in terms of making sure that they pay the cost to be the boss. There has to be some restitution. It's a property crime. They stole something from a vehicle. And so -- so, I guess it's to the bill: I would ask that you really consider it, that these are in placement. This is an enhanced penalty. Don't know where it came from, with so many other issues facing our citizens who are trying to live, and it's an economic- type crime. We have to be very careful what we're doing and I would ask for Present or No votes, no disrespect to the sponsor.
PRESIDING OFFICER: (SENATOR HARMON) Senator Silverstein, you wish to respond?
I'll respond to Senator Delgado. Senator Delgado, I don't do any criminal law, but our lawyers tell me that the -- under this Code, on the essential parts, it's a separate offense. So they - - they tell me that your argument would not apply. That's -- like I said, I don't do any criminal law; I'm just told by our staff attorneys.
PRESIDING OFFICER: (SENATOR HARMON) Senator Delgado.
Then I would ask the staff attorneys to be -- to please 24 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 research, and just pull up on your website right now, FBI index, the -- the -- the five crimes. You have theft over five hundred dollars, petty -- you -- ‘cause any -- anything under that is petty larceny, and -- and to tie us up in the probation and parole departments, especially during the presentence investigation on the first offense for a catalytic converter and put them in a prison, is just unreasonable and it's cruel and unusual. When you talk about -- so just pull up the FBI crime -- under five, and that's how municipalities in states then build their laws within the Criminal Code of -- of this -- of this great State. So I would challenge the staff attorneys and -- and, yeah, it sounds great, but to tie up our courts and to tie up our officers that have to be dealing with real murderers and other type individuals, this is the type of case that should be probationary and also pushed to the back of the file with visiting them once a month and making sure they pay their fee, and monitoring them. Because if there's no pattern of behavior, there should be no -- this type of punishment. The punishment does not fit the crime.
PRESIDING OFFICER: (SENATOR HARMON) Senator Muñoz, for what purpose do you rise? SENATOR MUÑOZ: To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator. SENATOR MUÑOZ: Ladies and Gentlemen of the Senate, the intent of the bill - - it is a proponent of the City of Chicago, but the intent of the bill is to prevent them from doing this crime. Catalytic converters are very expensive parts in a vehicle, as you can read 25 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 on the analysis. When they are stolen, the average person is not going to pay that over two or three thousand dollars. They're going to call their insurance and spend the five hundred dollars and give it so they can have the insurance replace it. Well, when you keep doing that, our insurance premiums go up, or your -- or the victim that had that part stolen, their insurance is eventually going to keep going up. This bill is just a deterrent. The judge has the discretion to send an individual to jail or not. So I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Senator Van Pelt, your name was used in debate, and I believe the sponsor responded to you after you concluded your remarks. So I will recognize you for a second time.
Thank you. Again, I want to reiterate that we have four million people in this State with criminal records, two million with felonies. To send someone to prison on a first-time offense, a nonviolent individual on a first-time offense, to join murderers and arsonists and drug dealers because they stole a catalytic converter that you can buy for two hundred dollars - there's no two-thousand-dollar catalytic converter - two hundred to twelve hundred - it makes no sense at all and I think that we need to put our eyes in our head. If we're going to cut off our nose to spite our face, we're going to make ourselves pay thirty thousand dollars to keep somebody in prison, ‘cause somebody stole somebody's four- hundred-dollar or five-hundred-dollar catalytic converter, when does that make sense? We -- we already straining with our dollars trying to make our ends meet. Putting someone in prison for stealing a catalytic converter is a no-go when you use common 26 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 sense. And I hope the people in this -- us -- my peers here in this Chamber begin to recognize that we have the responsibility to spend, to legislate and -- and determine -- where our precious dollars go, and -- and bills like this, policy like this, is what makes us spend even more money in the prisons that are already overcrowded. So I urge my peers to vote No on this bill and say Yes to common sense.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Silverstein, do you wish to close? The question is, shall House Bill 3021 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 31 voting Aye, 14 voting No, 6 voting Present. House Bill 3021, having received the required constitutional majority, is declared passed. Senator Van Pelt, for what purpose do you rise?
I would like us to reconsider the vote. And also I would like to suggest to the sponsor that he amends the bill and require a higher fine to the person that's caught, because if we can give them a Class 4, we know they've been caught, and if they've been caught, they need to pay the owner back for the car.
PRESIDING OFFICER: (SENATOR HARMON) Senator Van Pelt, a -- any Member of the Senate who voted in favor of the bill can move to reconsider. That motion should be reduced to writing and filed with the Secretary. Senator Van Pelt, for what purpose do you rise?
I would like to ask for a verification as well. 27 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
PRESIDING OFFICER: (SENATOR HARMON) Senator Van Pelt has requested a verification. Will all Members please be in their seats? The Secretary will read the affirmative votes.
Bertino-Tarrant, Biss, Bivins, Clayborne, Connelly, Tom Cullerton, Cunningham, Dillard, Forby, Frerichs, Haine, Holmes, Koehler, Kotowski, LaHood, Landek, Link, Luechtefeld, McCarter, Morrison, Mulroe, Muñoz, Oberweis, Raoul, Righter, Silverstein, Stadelman, Sullivan, Syverson, Van Pelt, President Cullerton.
PRESIDING OFFICER: (SENATOR HARMON) Does Senator Van Pelt question the presence of any Member voting in the affirmative?
Bivins.
PRESIDING OFFICER: (SENATOR HARMON) Senator Bivins. Is Senator Bivins in the Chamber?
Forby.
PRESIDING OFFICER: (SENATOR HARMON) Let's -- please bear with us. Mr. Secretary, please strike the name of Senator Bivins. Senator Van Pelt, do you request -- do you question the presence of any other Member?
Forby.
PRESIDING OFFICER: (SENATOR HARMON) Senator Forby is in the Chamber, as is Senator Bivins. Mr. Secretary, please restore Senator Bivins to the roll call. Senator Van Pelt, do you question the presence of any other Members? 28 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
McCarter.
PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. Senator McCarter in the Chamber? Mr. Secretary, please strike Senator McCarter from the roll. Senator Van Pelt, do you -- do you question the presence of any other Members?
Haine.
PRESIDING OFFICER: (SENATOR HARMON) Senator Haine. Is Senator Haine in the Chamber? Senator Haine in the Chamber? Mr. Secretary, please strike Senator Haine from the roll. Senator Van Pelt, do you -- do you question the presence of any other Members? On a verified roll call -- please restore Senator Haine to the roll. Senator Van Pelt, do you question the presence of any other Members? Ladies and Gentlemen of the Senate, if we could please have some calm decorum. Senator Van Pelt, do you question the presence of any other Member voting in the affirmative?
No. But I would like to change my vote to a No. And Link isn't…
PRESIDING OFFICER: (SENATOR HARMON) I'm afraid you can't change your vote on the roll call.
Well, Link.
PRESIDING OFFICER: (SENATOR HARMON) Senator Link. Is Senator Link in the Chamber? Senator Link's in the back. Senator Van Pelt, do you question the presence of 29 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 any other Member?
Okay.
PRESIDING OFFICER: (SENATOR HARMON) On a verified roll call, there are 30 voting Aye, 14 voting No, 6 voting Present. Having received the required constitutional majority, House Bill 3021 is declared passed. Senator Sandoval, for what purpose do you rise?
Mr. -- Mr. President, point of personal privilege.
PRESIDING OFFICER: (SENATOR HARMON) Please state your point, Senator.
Mr. President and Members of the Senate, I have with me, from the south side of Chicago, visiting Springfield today, one of the leaders of -- a leader of health care on the south side of Chicago, who has dedicated his life to taking care of the poor, especially on the west side in Little Village, the President and CEO of Saint Anthony's Hospital, Guy Medaglia, and the Vice President of Government Relations, Jim Sifuentes. I'd like to give them all a warm welcome to Springfield today.
PRESIDING OFFICER: (SENATOR HARMON) Will our guests please rise and be welcomed to the Illinois State Senate? Welcome to Springfield. Ah, back to the mundane Order of House Bills 3rd Reading. Senator Manar, you wish to proceed with House Bill 3043? Mr. Secretary, please the bill.
House Bill 3043. (Secretary reads title of bill) 30 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Manar.
Thank you, Mr. President. House Bill 3043, as amended through a subcommittee in Criminal Law, provides that a person convicted of criminal defacement of property or vandalism shall pay the actual costs incurred to abate, remediate, repair, or remove the effect of the damage to the property. Under current law, a defendant is only required to pay if the value of the damage is over three hundred dollars. This is a small initiative of the Sangamon County Historical Society that deals with vandalism that's occurring to historic properties here in Springfield. I appreciate the Chairman of the Criminal Law Committee working through a couple of issues with me on this bill. I know of no opposition and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 3043 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting No, none voting Present. House Bill 3043, having received the required constitutional majority, is declared passed. At the top of page 8 of your printed Calendar, still on the Order of House Bills 3rd Reading, is House Bill 3075. Senator Silverstein. House Bill 3271. President Cullerton. House Bill 3349. Senator Althoff. Mr. Secretary, please read the bill. Senator Althoff seeks leave of the Body to recall House Bill 3349 31 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 3349. Mr. Secretary, have there been any amendments approved for consideration?
Floor Amendment No. 5, offered by Senator Lightford.
PRESIDING OFFICER: (SENATOR HARMON) Senator Althoff, Senator Lightford has the amendment before us. If you'll bear with us for a moment, we'll see if we can get Senator Lightford at her desk to raise the amendment. Senator Althoff, why don't we take this bill out of the record for the moment? When Senator Lightford is available, we'll -- we will return to it. Senate {sic} Bill 3390. Senator Mulroe. Senator Mulroe seeks leave of the Body to return House Bill 3390 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading, House Bill 3390. Mr. Secretary, have there been any amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Mulroe.
PRESIDING OFFICER: (SENATOR HARMON) Senator Mulroe, on the amendment.
Thank you, Mr. President, Members of the Senate. The amendment becomes the bill. I'd be happy to discuss it on 3rd. I'd ask -- move for its adoption.
PRESIDING OFFICER: (SENATOR HARMON) Senator Mulroe has moved for the adoption of Floor Amendment No. 2 to House Bill 3390. All in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Have there been any 32 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 further Floor amendments approved for consideration?
Floor Amendment No. 3, offered by Senator Mulroe.
PRESIDING OFFICER: (SENATOR HARMON) Senator Mulroe, on Amendment No. 3.
Thank you, Mr. President. This is -- started out with -- I'm sorry, Amendment 3 makes technical changes. I move for its adoption as well.
PRESIDING OFFICER: (SENATOR HARMON) Senator Mulroe moves to adopt Floor Amendment No. 3 to House Bill 3390. All in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 3390. Mr. Secretary, please read the bill.
House Bill 3390. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Mulroe.
Thank you, Mr. President. There are a number of issues that came up with workers' comp, related issues, about ten. We got everybody together. We could agree on four. This is a culmination 33 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 -- or the amendment is a culmination of that agreement, so there's no opposition. The amendment's -- it's actually the initiative of the Workers' Comp Commission. It makes four different changes. One, it eliminates a thirty-five-dollar fee that's required to appeal a case to the Circuit Court; two, eliminates the need for the Commission to mail a letter to each injured worker; three, it cleans up language that outlines the qualification of arbitrators; and four and finally, requires the Commission to provide interpreters in pro se cases where the employee does not provide an interpreter themself.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Senator McCarter, for what purpose do you rise? SENATOR McCARTER: To -- to the bill.
PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator. SENATOR McCARTER: This is the second time I've said this this Session. This is not a bad bill. It does have within it some good things, and as you said, there's no opposition and it's agreed to. But at the same time, it is a small, small nudge - not even a baby step - in the direction that we need to go to reform workers' comp in this State. And I'm not going to give you details of how painful it is for small business, but, believe me, it's -- it's a cost that really keeps employers like me from hiring new people. And I think -- doesn't matter what you think; that really, for an entrepreneur, the only way to succeed is to get big. Now -- now remember, a corporation makes more money by becoming smaller and cutting jobs 34 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 at times, but entrepreneurs only gain if they grow. And I think this is -- if we were to truly go beyond this good step - and I appreciate the -- you bringing this bill to us and I will be in favor of it - but if we go beyond this and actually address the causation standard in workers' comp, we could be competitive with Missouri, who right now is half of our rates, and we could then be competitive with Indiana, who is a third of our rates. So, I thank you -- thank you to the sponsor for bringing this bill. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Any further discussion? Senator Mulroe, do you wish to close? Question is, shall House Bill 3390 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting No, none voting Present. House Bill 3390, having received the required constitutional majority, is declared passed. With leave of the Body, we're going to turn back north on our Order of House Bills 3rd Reading to House Bill 1573. We passed over that. Senator Muñoz is ready to proceed. Senator Muñoz seeks leave of the Body to recall House Bill 1573 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 1573. Mr. Secretary, have there been any Floor amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Muñoz.
PRESIDING OFFICER: (SENATOR HARMON) Senator Muñoz, on your amendment. SENATOR MUÑOZ: 35 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Thank you, Mr. President. I'd like to adopt the amendment. The -- Amendment 2 becomes the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Muñoz moves to adopt Floor Amendment No. 2 to House Bill 1573. All in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 1573. Mr. Secretary, please read the bill.
House Bill 1573. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Muñoz. SENATOR MUÑOZ: Thank you, Mr. President, Ladies and Gentlemen of the Senate. The bill just increases the amount of beer that craft brewers can annually produce from four hundred and sixty-five thousand gallons to nine hundred and thirty thousand. This was an initiative of the Craft Brewers and the Associated Beer Distributors. I know of no opposition to the bill.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall House Bill 1573 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted 36 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting No, none voting Present. House Bill 1573, having received the required constitutional majority, is declared passed. Ladies and Gentlemen of the Senate, that -- with that, we complete our round of House Bills 3rd Reading for non-appropriations bills. If any Member passed on a bill and wishes us to return to it later in the day, please do let us know. We're going to turn next to the House appropriation bills on 3rd Reading. Turning to the Order of House Bills 3rd Reading on the top of page 5 of your printed Calendar, we have a series of appropriations bills. They are sponsored by President Cullerton. President Cullerton has filed a letter with the Secretary permitting either Senator Steans or Senator Kotowski to handle these bills on the Floor. Senator Steans, you're going to handle House Bill 206? Senator Steans, you're -- you're going to handle House Bill 206. Is that correct? Mr. Secretary, please read the bill.
House Bill 206. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Steans.
Yes, thank you, Mr. President, Members of the Senate. House Bill 206 -- we -- we passed two budgets yesterday -- Senate budget bills yesterday. Today we'll be taking up, I believe, three more, and -- leaving us two more to do tomorrow. House Bill 206 does two things. It's first doing a supplemental for fiscal year '13. 37 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 These are the one-time revenue increases we had in April. And we are now going to be using those one-time increases to pay down bills. The bills that we're going to be paying down include three hundred and fifty million for group health from General -- these are General Revenue Fund bills first, I'll talk about. Three hundred and fifty million for -- for group health. Then you may have been getting notices from some of your provider groups that they hadn't been getting paid, the DD providers. We are supplementing -- putting an additional two hundred and thirty-five million for our DD providers to pay them off so they will no longer be in the situation where they are not getting paid. We only have -- then we also are paying additional community care program providers off. You may recall that we had done a supplemental earlier this year. Those were to pay off fiscal year '12 bills. This is now paying off fiscal year '13 bills. So they'll totally be caught up to date because of the supplemental. We are also paying off old bills for addiction treatment programs, the substance abuse programs. And we are also making sure we can make payroll for the Department of Corrections. They would have not been able to make payroll for the month of June. This will be taking care of that. And we're doing a small fifty-thousand- dollar GRF appropriation for the Department of Labor. The second -- there's also some other State funds and federal funds in the supplemental appropriation as well, also for group health and some information technology projects that we have federal funding for. There's also -- the second part of this bill does the nondiscretionary spending items for fiscal year '14. So it's appropriating money for -- to make our full pension payments, to pay -- make -- fully fund the group health, which we have not done 38 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 for a number of years. We're fully funding group health this year. It also makes payments for debt service. I would very much urge a Aye vote. This sets us up now for putting in place a budget that is almost entirely flat funded from the current fiscal year for next fiscal year. This is clearly what we had always said our intent had been if we had additional revenues coming in above expectations this year, that we wanted to use it to pay down bills. That's what we're doing. And we are also then, I think, making sure that we are having dollars available for our priorities in the next fiscal year. I -- I realize I forgot to mention one of the items that were in -- that's in this bill for the supplemental and that is the payment for the Healthcare Provider Relief Fund. There are two parts of that. One, thirty million dollars is to pay current fiscal year '13 bills, then Medicaid to make sure we're completely covering all of our Medicaid liability for this year. But there is a ninety-million-dollar transfer to the Healthcare Provider Relief Fund that will help -- be used to pay DD providers next year. The intention of this is to ensure that does not happen next year what happened this year, where they have a long cycle and won't necessarily be able to get paid at the end of the year. So we will not have our DD providers again in the situation next year, where they're being told they're not going to get their full payments. So I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Senator Althoff, for what purpose do you rise?
Thank you, Mr. President. It is "ladies first" day. I rise in strong support of this legislation. I think it's a responsible 39 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 use of the additional billion dollars that came in from income tax. I commend the sponsors and the budgeteers for utilizing it and addressing, particularly, the backlog of bills and the DD payments, which were something that we had been grappling with for a long time. And I, too, would urge an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Senator Murphy, are you seeking recognition?
Indeed I am, sir.
PRESIDING OFFICER: (SENATOR HARMON) Senator Murphy.
Question -- question of the sponsor. Senator, you know…
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that she will yield. Senator Murphy.
I -- you know, I think it was just that -- that -- the presentation. I'm not sure if it was the substance. I think it was maybe just the change in presentation from yesterday. This just somehow seems so much more reasonable than some of the things that were presented yesterday. And I don't think it has anything to do with the glare from the windows. The -- Senator Althoff stole my opportunity, you know, to actually say that I support this bill, and -- and I do. And I encourage an Aye vote. There are a couple questions first, though. I appreciate you referencing some of the money, I think it adds up to about 94.5 million, that we are going to take from what I like to refer to as the Oberweis tax windfall of April of '13 - most of which I think Jim paid personally. But it is, in fact, moving some -- it's -- it's 40 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 providing some relief on FY'14 by making a payment of about 94.5 million in a supplemental in FY'13. So I do think that's worth noting. One other thing that I do want to touch on is a point raised by Senator Rose in committee that I thought was very well- taken. The -- the Oberweis windfall was about 1.3 billion, but this spends about eight hundred and eighty million. And the concern was, with the rest of that money being out there, how do we know where it is, what it's being used for, so that we have some level of knowledge of what we're actually going to be spending what amounts to hundreds of millions of dollars on. And -- and he referenced it, I think, appropriately in the context of the BIMP. Do we have any more of an update on the status of the BIMP or a clearer idea of where that extra money is going to go? And, again, Senator Oberweis, thank you for your payment.
PRESIDING OFFICER: (SENATOR HARMON) Senator Steans, I think that was a question.
I understand the question. Yeah. No. There -- I think there were two parts to that and I'm very happy to answer that. Appreciate you guys' support on this. I do think it's responsible in terms of paying down unpaid bills. And -- and you're right to note, and I think that's an important point for everyone in the Chamber, is that we are not fully spending the dollars that came in on that surprise. What is not being appropriated here will be cash flow availability for the Comptroller to pay other unpaid bills for which there's already appropriation authority. So I think the intent is also to be able to have that for cash flow to help pay down other things that are owed - to schools and universities and things like that. I do not believe we're going 41 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 to see -- we don't have the BIMP. I don't have the status on that. I don't think you're going to be seeing any surprises in the BIMP for these dollars, though. That's not my understanding. And I, again, appreciate your support and interest on this bill and do hope we're going to get a lot of green -- green votes on this.
PRESIDING OFFICER: (SENATOR HARMON) Senator Murphy.
One -- one final area. There was a little bit of a discrepancy, I think, on -- in your reference that this fully funds group health for '14. You know, it's our understanding that, you know, while this gets closer, I think, than this year had in terms of appropriating on -- on group health, that this still, based on what we're hearing from CMS, results in about a -- a two-hundred- million-dollar shortfall from what CMS was projecting. I don't know if they're still doing that. As of yesterday, they were. But it's just something to be aware of, because you may need that flexibility that you just discussed in the context of group health because there are indications that that number is higher than the appropriation is. Other…
PRESIDING OFFICER: (SENATOR HARMON) Senator -- Senator Murphy.
Encourage an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Senator Steans.
It is my understanding and certainly what our expectations and my -- what our staff is telling us is that we are really -- we 42 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 believe it's fully funding the group health. So maybe there's some discrepancy or misunderstanding of that, I'm not sure, but we believe it's fully funding group health. It's almost three billion dollars between the GRF and other State funds that are getting appropriated in here for group health. It does include fifty- eight million of expected savings from the Medicare Advantage program bill that we had -- we had passed. But we do think it's fully funding. So maybe there's some discrepancy. I'll certainly be keeping posted on that, but that was my understanding.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Further discussion? Senator Rose, for what purpose do you seek recognition?
Also to support the bill and, if I may, ask a question of the sponsor.
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that she will yield. Senator Rose.
First of all, I appreciate you following up, the email, some of the questions I asked yesterday. That was very kind of you and I appreciate it. And on that - you just mentioned it - I do want to note - and, obviously, I'm supporting the bill; would urge the Body to support the bill - but on that group health piece, there is built in the assumption that under Medicare -- Medicare Advantage, there'd be a fifty-eight-million-dollar savings, and that was the bill that was voted on two days ago by this Body. But that would have to pass muster at the contract -- in fact, they haven't even gotten up to RFP yet. They're at RFI stage. So, they would all have to be in place by January 1st of next year. 43 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 So, I want to -- everyone to be on record, your side, our side, that we may have to come back and revisit that piece, but at least it's moving forward in a way that's tax advantage to the taxpayers of Illinois. The other thing I want to ask you and you made a comment in committee, and you and I've had some email exchange about this, about catching up our developmental disabled providers, which is a very good piece and it's one of the primary reasons we should be voting for this bill, from fiscal year '13, bills that have already been incurred. Where do you expect the payment cycle to land for these folks?
PRESIDING OFFICER: (SENATOR HARMON) Senator Steans.
I -- I don't know exactly. We're not -- we'll -- but we don't think there should be any payment cycle. We -- we believe this is eliminating it because of it fully funding it. And so there should be the cash flow there to just pay them as they are coming in. So, that's my understanding. I will say, I don't have complete analysis on that from the Department at this point, but we are fully funding it there and not building in any payments cycles like has happened historically.
PRESIDING OFFICER: (SENATOR HARMON) Senator Rose.
But I -- that's to fully fund to finish out '13, fiscal year '13. Are you saying that it's going to fully fund -- you're saying that's going to fully fund anticipated for '14 as well?
PRESIDING OFFICER: (SENATOR HARMON) Senator Steans. 44 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
Absolutely. Part of the -- we are absolutely fully funding it for fiscal year '14 too. And I'm sorry if I wasn't clear on that. We absolutely are. I'm really glad you're getting clarity on that. We should not be having any providers getting notices next June that they aren't going to get payments. We are fully funding it. We should not have that problem.
PRESIDING OFFICER: (SENATOR HARMON) Senator Rose.
And to be clear, that's with the ninety million dollars? Okay. So, again, I would urge everybody to be for this bill. We're going to pay off the rest of the bills incurred in '13, largely through this supplemental. You're still going to have that long, long backlog of bills that -- you know, the Comptroller's estimate is -- is huge. But this will definitely help with that. I would make one point, though - and, again, I - - I would renew my generalized objection to moving a budget in, you know, eight or nine different moving parts here - that we haven't seen the BIMP yet. I mean, there's less than thirty-six hours now and we still have not seen the BIMP. And that's a very important piece to determine at the end of the day whether February -- whether fiscal year '14 is really going to -- is really going to be squared in the way it's being presented. Without that BIMP, we don't have that piece. Now, in this budget, this particular bill, this is basically paying off remaining fiscal year '13 appropriations that -- for costs incurred, plus these two items of things we have to pay - the pension payment, the group health. We've talked about the Medicaid -- Medicare Advantage, and then, 45 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 very importantly, the -- the -- the development disabled piece. But, again, folks, without seeing a BIMP, it's very hard to square all of next years' budget with all these different moving parts going on at one time. But none -- despite that, this is a very good bill, and I appreciate the sponsor's working and -- and getting us the information as requested. So, thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Oberweis, for what purpose do you seek recognition?
Question of the sponsor.
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that she'll yield. Senator Oberweis.
Senator, what's a BIMP?
PRESIDING OFFICER: (SENATOR HARMON) Senator Steans.
It's the budget implementation bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Oberweis.
Thank you. I wasn't here when our recent tax increase passed, but you were. Were you one of the Senators who pledged that this was a temporary tax increase?
PRESIDING OFFICER: (SENATOR HARMON) Senator Oberweis, if you could confine your questions to the bill before us. Senator Oberweis. 46 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
Is it your expectation that this bill will allow us to meet our obligations that the temporary tax increase will be temporary?
PRESIDING OFFICER: (SENATOR HARMON) Senator Steans.
So, with the -- the -- this bill and with the other budget bills that we have, we -- our -- fiscal year '12 ended with 8.7 billion dollars of bills on hand. My understanding, the estimates from GOMB are that at the end of fiscal year '13 with what we are doing, those bills outstanding on hand will be down to 6.4 billion dollars. By the end of fiscal year '14, they'll be down to about 5.9 billion. So it will reduce the unpaid bills by about three billion dollars. This is certainly a trajectory to continue to keep reaching for and striving for. And, again, any excess in revenue that comes in this year above and beyond what we have in here, I hope also it will go down to continue to pay unpaid bills.
PRESIDING OFFICER: (SENATOR HARMON) Senator Oberweis.
Thank you, Senator. Obviously those numbers are different numbers than we're being given by the Comptroller's department. They're -- they're significantly different, but none of us know for sure exactly where that will be. But going forward, my name was referred to earlier by Senator Murphy and in view of that concern that I raised yesterday, do you think that our -- our bill that we're talking about here take those concerns into mind and recognize that this -- this increase in cash that we're getting now may, in fact, be temporary and may be reversed next year? 47 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
PRESIDING OFFICER: (SENATOR HARMON) Senator Steans.
That was exactly why -- yes. That's exactly why we're using this to pay unpaid bills, and not do it for, you know -- you know, other items. It's paying unpaid bills.
PRESIDING OFFICER: (SENATOR HARMON) Senator Oberweis.
Thank you. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Senator Dillard, for what purpose do you rise?
Thank you, Mr. President. On the BLIMP, I keep looking around the ceiling to see if one of those blimps, like at the United Center, usually full of hot air, is flying around here. I am in support of this bill. And I don't know what bill, Mr. President and Senator Steans - and you work hard on the budget and I appreciate that - I ought to make this point. But, obviously, I believe that all of the Oberweis windfall - as we're now going to call it - all of the Oberweis windfall should be paying old bills. And as I listened to your math, give or take a few billion - what's a few billion among friends? - we've taken in - "we" - I didn't vote for it - but the State of Illinois has taken in over twenty billion dollars of new revenue because of the Democrats' sixty- seven percent income tax increase and we've only whittled down our debt by three billion. So, you know, I would submit that if I were in charge, all of the Oberweis windfall -- and it's not really a windfall. It's money that we're getting early that would have 48 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 come in later because of the way people are looking at federal tax changes. It's not a windfall at all. And it all ought to be used to pay off old bills. I don't know whether the Governor's budget people are listening or not, but I would tell you they better reserve -- they better reserve at least ten percent of that windfall, because we'll be back here in fiscal year '14 with a gigantic supplemental to pay refunds to taxpayers. And I pay estimated taxes. One of the nice things about having business people like Senator Oberweis here is he realizes, and he pays estimate -- estimated taxes. But if you do pay estimated taxes, generally you pay ten percent more or you face a penalty of last year's taxes. So, I would set a reserve, if I were down on the second floor, of at least ten percent of that windfall going to refunds, because it's not ours. And there are -- people will be filing huge refund numbers next year. It's not a windfall. It ought to pay off the backlog of bills. But just anticipate we're going to have a huge supplemental for refunds next year and I wouldn't spend a dime of what I affectionately call the "Oberweis windfall money".
PRESIDING OFFICER: (SENATOR HARMON) Out last speaker is Senator Manar. For what purpose do you rise?
A few questions of the sponsor, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that she'll yield. Senator Manar.
Thank you, Mr. President. Senator Steans, we touched on a couple of things in committee yesterday I'd like to vet on the 49 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Floor here for the Body. First of all, the -- the bill contains about forty-two million dollars for payroll at the Department of Corrections to finish out the current fiscal year. Can -- can any of this new appropriation be used to satisfy the contractual agreements reached with State employees on back wages, if we were to appropriate additional money?
PRESIDING OFFICER: (SENATOR HARMON) Senator Steans.
Thanks for that question, Senator Manar. I know -- it's my -- you know, this is -- I -- right now -- you had asked that question in committee about whether current personal services lines can be used to pay back -- back pay that's owed. I believe we have, you know, the attorneys and experts sort of looking at that. I think there's sort -- sort of still an outstanding question about whether it can be used for that or not. I have not gotten a really clear answer yet. I do know people are looking into that. Obviously, it's cleaner to have a separate appropriation item just for that, but there may be a possibility to make this work to have that used for it. We're still looking into that.
PRESIDING OFFICER: (SENATOR HARMON) Senator Manar.
In -- in committee a representative from OMB stated that Department of Corrections may lapse appropriations in other lines within their budget. So, this additional forty-two million dollars - and correct me if I'm wrong - it's intended to meet current year payroll obligations that the Department has identified. The first 50 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 time I believe they identified it was back in an Appropriations hearing during the course of the year. So, would it be accurate to say that the forty-two million dollars' intention in the bill is to meet payroll for current year, though it doesn't explicitly state that it could not be used for back wages if there was a settlement to the current lawsuit that's -- that's holding this up?
PRESIDING OFFICER: (SENATOR HARMON) Senator Steans.
That is exactly correct. Well stated.
PRESIDING OFFICER: (SENATOR HARMON) Senator Manar.
On to another piece in the bill, the CCP program for the Department on -- on Aging. I recall we -- this would be our second supplemental for this program. If -- if the line was under- appropriated in the fiscal year '13 budget, which is what has caused us to be in this position today, could -- could the administration -- could the Governor's Office have managed the program differently to prevent multiple supplemental appropriations that are hundreds of millions of dollars? Is there anything that the administration could have done to manage the program differently so that we would not be appropriating this money today?
PRESIDING OFFICER: (SENATOR HARMON) Senator Steans.
This program is really structured around statutory 51 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 requirements. So if people are eligible, they're -- they're allowed to go into it and we must pay for it. So it's one of those programs where we -- you need sort of statutory changes to really reduce the liability associated with that. One thing I would note -- well, two -- two major points: When we did the SMART Act last year, one of the reasons this is under-appropriated is because we had built into the SMART Act changing the determination of need, or DON, score that would have reduced, probably, eligibility for this program. The federal government did not approve changes to that DON score, so we weren't able to implement that change. The administration could not do that. So that's part of the reason why we incurred the extra liability. Second point is, when we did the last supplemental, we also made a substantive -- we also passed a substantive bill to make a number of changes to the CCP program to try to help manage the liability for this program moving forward. You know, I think this really had been a situation where it was an under-appropriated line and -- you know, not getting the approval on determination of need just added to the unfunded liability problem.
PRESIDING OFFICER: (SENATOR HARMON) Senator Manar.
Final question, Mr. President. Senator Steans, is -- is there any new spending in this bill? Or -- or is it accurate to state that -- that the money that's being appropriated is being used exclusively to pay off unpaid or old -- old bills that are on hand?
PRESIDING OFFICER: (SENATOR HARMON) Senator Steans.
52 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Yes, that's correct. I would just note, the -- the one item was about the ninety million that's being put into Healthcare Provider Relief Fund to help make sure we don't have any cycle issues for the developmentally disabled providers next -- in fiscal year '14. Everything else is entirely paying down fiscal year '13, you know, obligations from this year.
PRESIDING OFFICER: (SENATOR HARMON) Senator Manar.
And I -- I -- I correct myself. This is my last question. Is -- is there any reason -- and we talked about this a little bit in committee. And -- and I would -- I would say this on the Floor today that if -- when budget making was happening at this time last year, if there had been 1.3 billion dollars, of which nine hundred million is GRF, in addition to the other two supplementals that we have approved as -- as a General Assembly, that we probably would not have prorated general State aid. So -- so why would we not consider the six thousand teachers in the State that have been laid off or the school buildings that are closing in Taylorville or in the Chicago public school system or all of the cuts that are being exercised as a result of general State aid, why would we not consider that an unpaid bill?
PRESIDING OFFICER: (SENATOR HARMON) Senator Steans.
Well, those are not obligations owed by the State right now. And the other thing I would note is that by doing this supplemental now and bringing forward what the Governor's Office had put into the budget request for next year is paying off these bills, next 53 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 year's budget, we are now not having to do that next year and we will -- we'll -- and that is what's enabling us to put additional money back into the general State aid.
PRESIDING OFFICER: (SENATOR HARMON) Senator Manar.
To the bill, Mr. President. I rise in -- in reluctant opposition to this bill. I'm -- I intend to vote Present on the bill. And I appreciate the sponsor's efforts. This -- this in no way is my indication of -- of a failed effort on the part of the sponsor or on the part of individuals who have put this -- this bill together. I think there's a lot of good things in this bill. I think it's a disciplined approach to solving a tremendous problem that -- that our State faces, and that is paying down bills that are on hand for people that didn't agree to be creditors to this State. But I think it falls short in two particular areas. And the first is the fact that there are thousands of State employees who are in a position of being in a ping-pong match with a contractual agreement that they agreed to and the State of Illinois agreed to and there's a tremendous degree of uncertainty about what is going to happen to their paychecks. And I think that should be addressed in this bill. And for the second reason, I believe that -- that we have to begin to own the issue of teacher layoffs in this State. There have been six to seven thousand in the State of Illinois since January the 1st. And I don't think it's a stretch to say that those are bills that are not being paid that are resulting in larger class sizes, less school buildings, less programs to children. And I believe those things should be on the same footing as many of the things in this bill. Again, 54 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 this is a good bill, because it does pay off debts that we've incurred, bills that we owe, but I think it falls short in a couple of areas and I would have liked to have seen those areas considered when this bill was being put together. And I plan to vote Present. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator McCarter, you have a -- a late light? Do you wish to speak to this bill? SENATOR McCARTER: Yes, please.
PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: To the bill: The question was asked about what could the Department have done to avoid us having to come in and provide a supplemental. I don't know in many of these cases, but I do know one in the Department of Corrections. Our -- we are on track for sixty million dollars in overtime in Corrections. We have -- last year was right around fifty. The shortfall here apparently is the closures didn't take place as quick as we had hoped, therefore the money wasn't allocated. But that's just an answer to what someone could have done. I mean, in any organization, if you have that much overtime, you have a management issue. And it's something that we really haven't focused on. I have urged the Department myself, in visits to the two corrections facilities that are in my district, that they need to do something about it. I ask you to hold them accountable to do something about it in the future. So, there is something that can be done to avoid having to provide supplementals like this forty -- forty-two million dollars. 55 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Ironically, very close to the same amount of overtime that we failed to address for management. I'm -- I -- I believe it's -- it's right to pay our bills. We've obligated ourselves to these people. I don't -- this is not new programs. This is taking care of the obligations that we have -- we have made, and so I would encourage an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Seeing no further discussion, Senator Steans, do you wish to close?
Yeah, just a -- a -- really appreciate the detailed and very appropriate conversations around this. I do believe it's a very responsible bill, setting us on -- on the track to really be -- start doing a lot of -- a real -- a huge, enormous dent into our unpaid bills, and also ensure that we will not be creating unfunded liabilities for the next fiscal year as well. Urge an Aye vote and thank you for your attention on this today.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Steans. The question is, shall House Bill 206 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, 1 voting No, 1 voting Present. House Bill 206, having received the required constitutional majority, is declared passed. Senator Biss, for what purpose do you seek recognition?
For a point of personal privilege, if I might, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) State your point, Senator. 56 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
Thank you. Colleagues, I'd like to simply introduce three very special guests who are with me here today - my sons, Elliot and Theodore, and Karin, the woman who has the misfortune of being married to me. Karin is a graduate student of history at Northwestern University. And Elliot and Theodore are experts in their -- in their hobby time in abstruse budgetary analysis, and so they're very glad to be here on this particular legislative day. Thank you very much.
PRESIDING OFFICER: (SENATOR HARMON) Welcome to the whole family, Senator Biss. Glad to have you in Springfield. We're going to continue with our appropriation bills. House Bill 208. Senator Kotowski, you're going to handle this on behalf of President Cullerton? Mr. Secretary, please read the bill.
House Bill 208. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Kotowski.
Thank you very much, Mr. President, Ladies and Gentlemen of the Senate. I just wanted to make a -- a brief announcement to some of the questions that were raised. We have a -- a BIMP bill. It's on -- it's coming over from the House. It is an amendment to Senate Bill 1327. So, the BIMP is -- and we're beginning to -- I'm sorry, 1329. We're beginning to review it and we should be able to get you more information as it… Thank you. So just want 57 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 to get at House Bill 208. Appropriates 4.1 billion in funding to the State Board of Education, the Board of Higher Education, the Illinois Student Assistance Commission, the Illinois Community College Board, and various universities. Of this amount, 634.8 million is GRF, 193.9 million is OSF, and 3.3 billion is federal funds. The bill includes funding for operational expenses for the State Board of Education, in addition to OSF and federal fund appropriations. Also, the bill includes funding for higher education agencies and appropriates grants to universities. More than happy to answer any questions.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Senator Althoff, for what purpose do you rise?
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he will yield. Senator Althoff.
Thank you. Senator Kotowski, you and I serve very happily and -- and I think very collegially on the Budgeting for Results Committee {sic} (Commission). We've worked very hard for a very long time to try and establish measurements in which to evaluate programs to see if they are still providing the appropriate services and needs for the State of Illinois. In this budget, there is one of my favorite programs, which we talk about all the time, called "Grow Your Own Teacher". And although I concur heartily with the sponsor of the original legislation creating this program, we've talked a lot about some of the failures. And one of the issues that I'd like to bring up is, at this particular 58 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 time, we have sixty-four graduates that are teaching in Illinois schools, which actually ran the State of Illinois, by expenditure, two hundred and forty-eight thousand dollars per student, or if you actually look at the amount of people who have graduated from the program and are yet teaching here in Illinois, it would increase to three hundred and fourteen thousand dollars per student. And I also kind of went on line as -- as just a comparison and discovered we could actually send people to Yale for four years for less money, or two hundred and thirty-four thousand dollars per student. So my question to you is, what have we done since I had this conversation with you last year on the Floor to make this program better, that would actually make me think that another huge appropriation, fifty percent more money this year than last year, is a good investment for the State of Illinois?
PRESIDING OFFICER: (SENATOR HARMON) Senator Kotowski.
Thank you, Senator Althoff. I appreciate the question. And like you, I've shared concerns about this program. And as you know, it was reduced significantly from fiscal year '12 to '13 - I believe from two and a half million to a million. And so -- and it's been switched over to the Board of Higher Education. And they've taken it over and since moved forward on a -- a series of initiatives to help to reform this program. And here are just some numbers that I've been able to accumulate from them. There's a hundred and fifty-three percent increase in graduates between 2011 and 2012, from thirty-two to eighty-one. So they made significant progress there. And I believe the number of graduates is up to ninety-five. Also, they have two hundred and nine 59 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 projected graduates between 2013 and 2017. Seventy-five percent of those graduates currently, of the ninety-five, are employed in teaching in schools throughout the State of Illinois, and I can take you through some of the school districts right now. The program addresses a key concern of the Public Agenda by providing funds to narrow the prosperity gap and disparities in education - - educational attainment for underrepresented students; recruits and trains teachers to teach in hard-to-staff schools serving a substantial percentage of low-income students. So, that's the general thrust of -- as you know, of the program. It's statewide. It focuses on downstate and Springfield and Chicago. I wanted to just kind of enumerate for you, if you'd give me this indulgence, ‘cause, like you, I share a lot of the same concerns because I want to say, "Well, where was the information about the impact and the value?" And the school districts where you've seen the -- the teachers been able to secure jobs in Mount Vernon; in George Pullman; Medgar Evers; East St. Louis; eleven schools located in several school districts, southern Illinois; Cook County; Crete- Monee; Dolton; forty-four schools in the Rockford School District; seventeen schools, Chicago Public Schools District; there's another seventeen in CPS; nineteen schools in Moline District; and Rockford again. So, it's kind of covered the whole State. So, I've been impressed by the Board of Higher Education's taking over this program and the improvement that we've seen.
PRESIDING OFFICER: (SENATOR HARMON) Senator Althoff.
Thank you. Senator Kotowski, again, I've never doubted the -- the value of the conceptual idea of this program. My -- my 60 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 question is, the use of the dollars. We had also talked as the State Board took over the program, making people who dropped out responsible for reimbursing the State of Illinois for use of tuition if they didn't finish the four years to come back and teach in Illinois. And the other issue that we had talked about at the time, as well, is creating a program that actually provided information to these graduates so that they were guaranteed a job once they graduated. Have -- have either of those two items been addressed?
PRESIDING OFFICER: (SENATOR HARMON) Senator Kotowski.
Thank -- thank you for your -- your question, again, Senator Althoff. What -- what we know based on the transition, since it's been transferred to the Board of Higher Education, there's two hundred and forty-three active teacher candidates. They may receive up to twenty-five thousand for college expenses in the form of loans, which are forgiven if a graduate completes five years of service in a qualified school. And in the consortium, the members are permitted to use grant funds to offset their costs of providing services to the teacher candidates. So, in terms of some of those reforms, in -- in my opinion, they've been moving forward in the right direction to not just graduating candidates, but also making sure they get placed in schools. As to -- I -- I'm not exactly sure if there is a -- whether a -- payment-back mechanism, you know, within the provision of the reforms that exist in the Board -- Board of Higher Education, but I can get an answer to you on that.
PRESIDING OFFICER: (SENATOR HARMON) 61 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Senator Althoff.
I appreciate the responses, and I also would happily look forward to working with you and ensuring this program becomes what it can be. But to the broader issue, and to the bill, this is exactly the type of concern I have with much of the budget, is that we have a huge fiscal crisis that we are grappling with and, in one hand, we're moving forward paying our backlog of bills and using the money appropriately, and on the other hand, I think we're looking at the budget and we're not prioritizing our issues in an appropriate manner. We still have a backlog of bills. We still have providers that are awaiting payment. We have programs, and specifically education in general, that should be fully funded as opposed to programs of this nature that have not shown in the past a great deal of good faith in spending our hard-earned dollars. So, my request to the Body is, as we move forward and it appears that, you know, we have an opportunity to actually get our fiscal house in order, if we still show constraint, that we do that and we still continue to make those difficult decisions that we have all been talking about over the past two weeks with regard to cutting services and reducing programs. We still need to stay on that message and stay on that path, so that two years, three years, four years down the road when we have some additional moneys, if, you know, God willing that does happen and our economy grows, that we can then go back and make good our promises to fully fund or to allow those entities that are really providing excellent services to the State of Illinois the money that they so well-deserve. I just think sometimes, and particularly in some of these budget items, and you certainly will hear me talk about them later, that 62 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 we're not making good decisions and that we really need to hold some of these programs significantly more accountable with the money that we're giving them, because I don't think that they're moving as rapidly and as responsibly forward as they possibly could. I appreciate your indulgence, Mr. Sponsor. Thank you very much.
PRESIDING OFFICER: (SENATOR HARMON) Senator Martinez, for what purpose do you rise?
To the bill. And I -- I want to…
PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator.
I want to go a little bit back and address some of these concerns for my esteemed colleague from the other side. We've had this conversation before about Grow Your Own. Grow Your Own is a unique program, where, right now, we have a lot of minority teachers being created, as we speak. Grow Your Own started as a concept back then, but what people don't understand about Grow Your Own is it's taken years and there is not three and four hundred thousand dollars being spent per student. We have cohorts across the State. I think that Senator Kotowski actually talked about all these different cohorts that exist in states -- in the whole entire State, in every town just about out there. It's a good program. But I think what people have failed to understand is these are students, parents that are -- actually now have returned back to school. These are parents or individuals that work, have a regular nine to five -- job a day and then -- go at night and take classes or go during their free time and take these 63 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 classes. So the program has taken its time and developed. We're just seeing the first amount of graduates right now being produced, and like you said, there's two -- over two hundred candidates that are in the process of graduating. It takes five and six years for many of these individuals to graduate, because they are working full-time jobs to make sure that they bring the home -- I mean, the -- the food to the table and their -- to their families. So, I really think that this is a successful program. It's had some challenges, like anything else, but the money is being well-spent. It is creating, you know, some great teachers that, right now, will stay in the neighborhoods where they are being educated, these hard-to-staff schools, these hard-to-staff communities that -- that teachers come and they leave within one or two years. These are people that have investments in their communities, in their - - in their schools, in the actual children around the neighborhood. So, it's a great program. I think that we've had this conversation a -- some -- as a matter -- as a matter of fact, we've had this conversation going from back year when the first debate was brought up on -- about Grow Your Own. Grow Your Own needs a chance to -- to grow and keep becoming that successful program that we right now have and, more important, that we see more and more minority students becoming teachers in these hard-to-staff schools. So, you know, I -- I wanted to say that I'm glad that we see -- that we have money put in this year and that we continue to put money into a program that I know that, in the long run, it's a program that we're going to be proud of, because we have many, many, many parents that right now have decided to go back to school, students that are actually in school to be able to teach in these hard-to- staff schools where many don't want to go. So, I -- I just want 64 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 to say that I am in full support and I -- and I hope to see many green lights.
PRESIDING OFFICER: (SENATOR HARMON) Further discussion? Senator Rose, for what purpose do you seek recognition?
Question of the sponsor, if I may.
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates he will yield. Senator Rose.
Thank you. First, just introductory, I asked you yesterday about the performance funding metrics and incorporation and you indicated it was in this bill. And I take you at your word that it is, but we couldn't find that. Could you give -- just give us a page site, so I could -- I could look at it?
PRESIDING OFFICER: (SENATOR HARMON) Senator Kotowski.
Or your staff, could they maybe help us with that?
PRESIDING OFFICER: (SENATOR HARMON) Senator Kotowski.
I'll get it to you shortly.
PRESIDING OFFICER: (SENATOR HARMON) Senator Rose.
We can go on. I -- I take him at his word. I'd just like to get it for my records. Senator, I'm going to have a couple general comments here, but I think it's important to folks to note there 65 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 was a statement that this fully funds MAP. And, in fact, it actually restores some money back into MAP. But there is a change, a substantive change, from last year to this year, which is in this bill {sic} (amendment) on page 29, lines 5 and 6, that for the -- I guess -- I think it's for the first time, we're now going to have an administrative surcharge of two percent back into the agency. So, that'll be about seven and a half million dollars. So, at the end of the day, we are actually, in fact -- even though the appropriated line amount equals and -- and slightly exceeds last year's appropriation, the net impact to the students of Illinois will be less. And I would only remind the Body that -- well, do you know where that two percent came from? Was that a request of ISAC, or where did that come from?
PRESIDING OFFICER: (SENATOR HARMON) Senator Kotowski.
I believe a -- the -- the way that this budget is reflected and the House reflects both the administrative costs and the programmatic costs in the budget. And that's -- that's the way in which we had worked on the -- the budget in negotiating with the House.
PRESIDING OFFICER: (SENATOR HARMON) Senator Rose.
Well, and we're going back in time here, but some will remember when Rod Blagojevich sold the goose that laid the golden egg, and that was the student loan portfolio that self-funded ISAC. And -- and some voted for that at the time to authorize that sale. Here we are years later and we continue to have a deleterious 66 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 impact across the board at, frankly, a very important State agency, which is the Illinois Student Assistance Commission. And that deleterious impact has affected budget after budget after budget. Now it is clearly impacting this. Senator Kotowski, one of the comments I made yesterday about the big picture here is, you know, budget lines present themselves all over the place. So we had a bill yesterday that purported to flat fund all universities on an -- on an equally basis, yet, this bill adds additional money to Chicago State University. Can you tell me how much money that is for Chicago State?
PRESIDING OFFICER: (SENATOR HARMON) Senator Kotowski.
Well, thank you. It's for -- it's five hundred thousand, it looks like, for the financial outreach center. No. It's -- it's five hundred thousand for the financial outreach center.
PRESIDING OFFICER: (SENATOR HARMON) Senator Rose.
Then also in this budget, I believe, there's a new internship program somewhere, for a hundred thousand dollars. Can you tell me what that's for?
PRESIDING OFFICER: (SENATOR HARMON) Senator Kotowski.
Are you referring to a -- a new internship program under the Chicago State University?
PRESIDING OFFICER: (SENATOR HARMON) Senator Rose. 67 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
No. Thank you. We're talking about the Washington Center internship program for a hundred thousand dollars.
PRESIDING OFFICER: (SENATOR HARMON) Senator Kotowski.
You know, this is a, you know, a program that's existed in the past. Think it allows for a partnership between the State of Illinois and Washington, D.C., for an internship program for people to be working in government.
PRESIDING OFFICER: (SENATOR HARMON) Senator Rose.
But that's new -- that's a new hundred thousand dollars.
PRESIDING OFFICER: (SENATOR HARMON) Senator Kotowski.
Yes, sir. And I'm just going to detail for you what it is. It's a -- it places college students, who are sophomore level and higher, in internships in D.C. It's administered nationwide. It's going -- it's appropriated through the State Board of Higher Education or State university that has a strong connection -- or working relationship with the internship program. The Board of Higher Ed, in this case, would act as the administrative support for the program. And the Board would receive tuition invoices from the Washington Center for the students who enroll so that those scholarship awards could be processed. I mean, we could…
PRESIDING OFFICER: (SENATOR HARMON) Senator Rose. 68 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
I'll close out. But to the bill: You know, again, this is the problem with doing these in eight or nine different piecemeal bills. Things added on here for one school. Things are added on there for another school. In fact, there's other -- there's other schools that are probably in my area that are being changed too, and, frankly, that's maybe good, maybe bad. My -- my general point is that in the framework, all these things have to be added up, and you can't -- you can't compartmentalize them down in each individual bill. You have to look at how they intersect across the different pieces. But more to that point, you look at the spending priority here and we now have a two percent cut to MAP grants for this administrative fee, and at the same time, you're going to have a half-a-million-dollar restoration in Grow Your Own Teachers, which Senator Althoff just did a great job of -- of pointing out is three hundred and fourteen thousand dollars per kid. We ought to buy everybody a lottery ticket for that. You'd go to Yale for that, as she noticed. That's a 64.7 percent increase in just that one program over the Governor's introduced. It's a fifty percent increase over last year. And you know what? A hundred thousand dollars for an internship program, you know, that's not going to make or break any budget, but it's the point that when you start adding all these things up, we are diminishing the quality of the product on the street, whether it's base, core, higher education, support, funding. I mentioned yesterday, we're two hundred and fifty million dollars late still in paying the U of I alone. We're diminishing the funding for MAP so that kids in every district in this room can go to Western, Eastern, Northern, Chicago State, wherever it is they choose to go. But yet we still 69 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 have these incremental increases in this program or that program or this or that, and at the end of the day, base tuition's rising for every kid, whether a pharmacy student at Chicago State, and I've looked -- when I was -- when I was the Spokesman for Higher Ed across the hall, I went and toured Chicago State. They have a phenomenal pharmacy program. In fact, I've supported helping that program. They also had a real problem with their electrical system, which I've talked about in this Floor. But whether it's a kid going there or a kid going to U of I or a kid going to Eastern, in Charleston where I grew up, tuition keeps going up, but we keep funding these -- this, this, and this little bit here and this little bit there, and it all adds up. And -- and, again, I -- I appreciate the fact that there's now been a BIMP bill filed somewhere. The BIMP is, you know -- but certainly no one's seen it or read it. But yet, here we are in the, you know, the third of the substantive FY'14 votes, two being yesterday, now this one. So, I would urge a No vote on this bill. And, again, I -- at some point in time, we just can't afford things like Grow Your Own. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Murphy, for what purpose -- oh! Senator Kotowski, you wish to respond?
Just to clarify something. I -- and I appreciate your comments that you made, Senator. I just want to be very clear, the amount of money that's aggregated for MAP last year that was allocated was about three hundred and seventy-one million three o nine, and now what we're allocating is three hundred and seventy- three million one ninety-eight. So, there is an increase of close 70 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 to, you know, 1.9 million. So, real quickly on that. So, it's, you know, specific to that program. The other point I wanted to just raise, 'cause I think it's an important one that you -- you do raise, regarding the -- the program that was mentioned previously. Currently, there -- this program has formal relationships with Western, Eastern, and Southern Illinois Universities and Illinois State. So they currently -- spending money out of those line items for these internship programs. There isn't -- U of I doesn't have -- U of I has their own program and this -- and this group does not work with them, although they did for over twenty-five years. So the proposition is that the funding would be divided evenly to Western, Eastern, Southern, you know, and Illinois State, and Northern Illinois, obviously, will be included. So, I think it's important to note it's a current program; it's being offered. This would just be a way to which it'd be, you know, in the Board of Higher Education and evenly distributed among State universities.
PRESIDING OFFICER: (SENATOR HARMON) Senator Murphy, before I recognize you, I want to make sure you can get on television back home. WLS-TV seeks permission to record the proceedings. Seeing no objection, leave is granted. Senator Murphy, for what purpose do you rise?
To the bill, Mr. President. I tried to object on that, but I…
PRESIDING OFFICER: (SENATOR HARMON) Senator Murphy.
Thank you. You know, I appreciated Senator Martinez's 71 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 comments about the intent of this program and its potential and its origins, and I -- and I believe that that is a sincere -- sincerely held feeling about it. The problem, I guess, that I have is, is this program, like -- like many down here that begin with good intentions, don't ultimately pass the -- pass muster when applied through the type of analysis that Budgeting for Results is supposed to provide. I mean, when you're looking at a situation where we have already spent over twenty million dollars on this program, you've got three hundred and fourteen thousand dollars per student who graduated, over fifty percent of the people who begin the program leave or drop out, in the context of making decisions about where to put money, it is -- there's just no way you can justify funding this program under an analysis that is based on results over, say, putting it in the general State aid formula or maybe various aspects of our Medicaid program. Including things like this in this budget undermine the credibility of the budget overall, because they lead to the conclusion that the budget is more of a political document than it is an outcomes- based reflection of priorities. So, while 1.5 million dollars isn't a lot of money in the context of the sixty billion you're going to spend, it is reflective, I think, of the fact that the purity we hoped was coming when Budgeting for Results was passed has not yet arrived. I -- I encourage you to reassess this program in particular, and -- and -- and -- and go back to the fundamentals that you subscribe to and sold us on on the Budgeting for Results concept, because this simply doesn't measure up to it under any reasonable analysis. And I urge a No vote.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Murphy. Senator Kotowski, did you want to 72 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 respond?
Real quickly. And I, like my colleague on the other side of the aisle, I -- I share his concerns on this issue, and important that what we fund has an impact and has value. And I would argue this is a good example of the Appropriations Committee coming together to make sure that we are able to alter a program so it'd improve and become better. And just -- we -- we -- we made the decision last year to reduce its funding from two and a half million to a million, because we weren't getting the data that we needed to show the impact of the program. But I -- I get back to it. Now there's -- there's twelve consortia across Illinois. There's two hundred and twenty-four active candidates. And let's keep in mind here what the intent of the program is here. It's to target quality education and opportunities for growth and learning for all Illinois students, and improve quality of life of citizens, prioritize budget results established by Governor Quinn, so -- and these are the results. So the current percentage of Illinois student population is -- is fifty-one percent white. It's eighteen percent black and twenty-three percent Latino. So, the current percent of Illinois teacher workforce is eighty-two percent white, six percent black and five percent Latino. So let's take it through the -- the program as it's currently comprised. The Grow Your Own program acknowledged that it's fifty percent African- American and thirty-five percent Hispanic and Latino. So the goal is to make sure we have a more diversified teaching force, so -- and we can see the kind of progress and growth that we need to see with our students. Also, breaking it down further, ‘cause it was really important to get these questions answered, seventy-eight 73 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 percent -- seventy-eight percent of -- of the -- the people who participate in the program are female, seventy-two percent are full-time employed, and seventy-seven percent live -- have dependents. The average GPA is 3.3. So when we said to 'em last year, your data wasn't good enough, they came back -- mind you, we changed this program and put it under the Board of Higher Education. And now, hundred and fifty-three percent increase in graduates. I say that's very respectable - exactly, non- traditional students. Ninety-five graduates, seven-five percent placement. And I -- I went through this before. So, I -- I -- I share the concern that was raised by the previous speaker, but the intent of this program was to address a very challenging issue, which -- diversifying our workforce as it relates to those who are teaching our students, who are diversified in the State of Illinois. And we're seeing progress as a result of the policy decisions and the changes that we made here, as a byproduct of the appropriations process.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Oberweis, for what purpose do you rise?
Question of the sponsor.
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he will yield.
Senator Kotowski, I -- I am of the assumption that the majority of our Democrat colleagues would be opposed to wasteful spending and I'm sure that all of the Republican colleagues are opposed to wasteful spending. Would you agree? 74 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
PRESIDING OFFICER: (SENATOR HARMON) Senator Kotowski.
I -- I -- I'm not a huge supporter of wasteful spending, like you. I'm not.
PRESIDING OFFICER: (SENATOR HARMON) Senator Oberweis.
Thank you. I -- I was making that assumption. I -- I thought that would be the case. So, when I go home and people like to ask me "Where is some of the wasteful spending that we've worked to - - to reduce, or can you identify some", and I -- I think I have identified at least a million dollars here that I'd like to just -- just call your attention to. In the State Board of Education budget, I am told by our staff that there is a million dollars for a new program that will basically pay people to be parents. And my good friend, Senator Sandoval, said he thinks this is kind of craziness, and I want to just call your attention to it. It provides four-thousand-dollar stipends to parents who are volunteering at their children's school. Would -- would you -- would you say that that might be a wasteful spending approach?
PRESIDING OFFICER: (SENATOR HARMON) Senator Kotowski.
As much as like -- I'd like to indulge you a second time, because I really like and respect you, we passed that bill yesterday.
PRESIDING OFFICER: (SENATOR HARMON) Senator Oberweis, to this bill. 75 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
Yes. I -- I understand that, Senator. However, a part of the State Board of Education budget is in this bill and this is a part of the -- the State Board, so I just really am hoping that we could get agreement that this is a bad way to waste that windfall. And I'm -- I'm going to ask my -- my colleagues here to stop calling it the Oberweis windfall. I think the wasted windfall would be a more appropriate terminology. And -- and I'd like to see it not be wasted.
PRESIDING OFFICER: (SENATOR HARMON) Senator Oberweis, is that a question on this bill?
I think I'm done. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Biss, for what purpose do you seek recognition?
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR HARMON) …the bill, Senator.
I just wanted to raise one small point regarding the topic of the ISAC and MAP budgets, since MAP is an issue that I feel extraordinary -- extraordinarily strongly about. The administrative appropriation for ISAC here is a result of a proposal on the federal level to substantially reduce what is currently the largest source of administrative support for ISAC. I think all of us very much hope that that will not go through on the federal level, and this is being placed only in a contingency 76 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 basis in case that unfortunate proposal were to go through. ISAC hasn't spent GRF for administrative purposes since FY'04 and I think we can all hope that they will again not do that in FY'14, if our friends in Washington conduct themselves as we hope they will. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Delgado, for what purpose do you rise?
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator.
I've sat here, and we know that this bill is going to move anyway. It's an appropriations bill. But I have to surmise -- and I -- I want to just make a comment. A previous speaker from the other side says "wasteful". That -- brought up on a subject that's -- that word's not even germane to this argument. But he's talking about a particular population of people, of parents who work with schools, without any background in the sociology of these communities and understanding what is wasteful and how our communities operate. So when you stand up and you want to talk about our communities and then at the remap year want to stand up and defend Latinos or -- or our remaps and -- and say that we need more representation, but have the audacity to get up here and talk about wasteful spending, of parents that want to be parent mentors in their schools, without a sociological understanding of the socioeconomics of those particular populations. And, actually, I would love to sit down with the gentleman and have 'em come tour 77 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 these communities, as I've toured many of yours, based on the socioeconomics if it's very poor districts, but I take that as a very -- be careful how you tread your water as to talking about these communities and what is wasteful and -- and -- and actually throwing words out. I -- as a parent and as someone that has to walk around as a U.S.-born person in this Body, wasteful? That's exactly what -- have designed to do, is to make us look wasteful. We had the same opportunities in '70 and '76 coming out of the starting gate, but I -- I remember slavery was thrown in front of populations, woman suffrage was thrown in front of populations. We want to get off the mark and talk sociology, well come visit our communities so you can see how nuts these parents are or wasteful you believe they are, sir. And -- but let's move this bill. Senator Kotowski, you've done a magnificent job and thank you for the things you've done when it comes to our kids around this State in education.
PRESIDING OFFICER: (SENATOR HARMON) Senator Kotowski, to close.
What he said.
PRESIDING OFFICER: (SENATOR HARMON) The question is, shall House Bill 208 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 40 voting Aye, 18 voting No, none voting Present. House Bill 208, having received the required constitutional majority, is declared passed. House Bill 213. Senator Steans, you're going to handle this on behalf of President Cullerton? Mr. Secretary, please read the bill. 78 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
House Bill 213. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Steans.
Thank you, Mr. President, Members of the Senate. House Bill 213 makes appropriations to the State's human service agencies, including Aging, D -- the Department of Children and Family Services, Veterans' Affairs, Public Health, Healthcare and Family Services, Human Services, the Illinois Council on Developmental Disabilities, the Guardianship and Advocacy Commission, Deaf and Hard of Hearing Commission, Department of Human Rights, and the Human Rights Commission. In total, it appropriates 27.4 billion funds - 12.1 billion is from General Revenue Fund, 12.8 billion other State funds, and 2.5 billion from federal funds. I'd be happy to answer any questions about the bill.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Senator Hunter, for what purpose do you rise?
Question for the sponsor, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) The sponsor indicates that she will yield. Senator Hunter.
Thank you, Mr. President. Senator Steans, there has been concerns raised regarding potential impact on the Hospital Assessment Program if and when additional lives are transitioned 79 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 to HMOs pursuant to care coordination or other programs administered through the Department of Healthcare and Family Services. What assurances can you provide this Body that the hospital assessment and all federal dollars it generates are fully and comprehensively protected?
PRESIDING OFFICER: (SENATOR HARMON) Senator Steans.
Yes, thank you, Senator Hunter. For purposes of legislative intent, I would like to clarify and read into the record information and clarification regarding potential Medicaid expenditures pursuant to this budget related to HMO services provided for care coordination or any other Medicaid programs. I've been assured by the Governor's Office and Department of Healthcare and Family Services that regardless of the amount appropriated in this budget for HMOs, whether directly or indirectly, at no time will funds be expended for HMO services if that expenditure will cause upper payment limit to be -- to be exceeded and, in doing so, impair federal revenues related to the assessment program. Further, I'd like to point out that such expenditures would be a violation of State law because care coordination section of the Medicaid Reform Act clearly states that the goals set forth therein are subject to the limitation that they, and I quote, "would not limit federal matching funds for recipients in care coordination programs". And, you know, I definitely agree that the intent here is to make sure we sit down solvent and do not in any way put at risk the money we get for the federal -- from the federal government for the assessment program.
PRESIDING OFFICER: (SENATOR HARMON) 80 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Thank you, Senator. Senator Hunter.
So, Senator Steans, does that mean also that the work groups that were promised are going to continue to take place during the summer and fall?
PRESIDING OFFICER: (SENATOR HARMON) Senator Steans.
Yes. Oh, I absolutely believe that's critical. I also believe that Senator Koehler has a resolution that I hope gets up on the board - I know I'm on it as a cosponsor - to create a Senate task force, taking a look at all sorts of issues. You know, I -- I'd like to just take a moment, ‘cause, you know, the -- the issue of care coordination is an incredibly important one, in what we're doing here. So I wanted to take a couple of minutes and just give some context and background around what's going on here. You know, in -- in January 2011, this Body passed unanimously a bill that put in place the goal of moving fifty percent of Medicaid recipients into care coordination by January of 2015. Now, our current -- our current system -- I think the Senator from Cicero has eloquently spoken to this when we were looking at Senate Bill 26, that our current Medicaid system is very broken. It is not right that our Medicaid patients have -- have the highest rate of hospital readmissions in the country. This is not right. It is not right that our Medicaid recipients wind up in emergency rooms because they cannot get access to primary health care providers. It is not right that our Medicaid patients here in Illinois have among the highest rates of asthma, diabetes, and all sorts of other chronic health problems in -- anywhere in the United States. And 81 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 it is absolutely not right that we've been having to cut services to Medicaid recipients because of the growing cost of the Medicaid program and our overall fiscal health problems. Now the fee-for- service system that we currently have in place for Illinois, where we pay for quantity and we are not managing and getting people preventative and coordinated health care, is a lot of the reason for this. So, in January 2011, we passed that bill unanimously here to get care coordination on the books and make sure we're doing better for our Medicaid recipients. Care coordination is the best opportunity, I believe, to improve health care outcomes and manage costs for our health care -- our Medicaid recipients to make sure we can learn and actually invest in services that our Medicaid recipients need. Now, I believe Illinois has been late to the game in getting into care coordination. Other states have been doing this. I think we can learn from our own problematic history here and from other states and do this well. We held two committees in the Appropriation I, as you may recall, Senator Hunter, on care coordination, because I think it is so important. In these committees -- these hearings that we had on care coordination, we heard from the Department on their roll-out plans for care coordination and we heard from some of these different groups how it was going. There's an integrated care pilot right now that was up and running first and foremost, and the University of Illinois at Chicago did an independent analysis of how that's been going. In that -- from what we've seen, they have, in fact, been reducing the emergency room use and the number of high frequency users and reducing hospital admissions. So, hopefully, that's on track to some extent. They're also looking at a dual- eligible program for Medicaid and Medicare folks who are eligible 82 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 for both programs. But what Illinois is also doing now is some really innovative CCEs, or care coordinating entities, where our FQHCs and other provider groups are coming together to take care of folks. And what we heard in these committees is our hospitals want that same opportunity to lead hospital provider-led entities to take on this care coordination role. So, in Senate Bill 26, we passed a -- a solicitation requirement; that before we do any other movement elsewhere, we will first allow our hospital-led providers to establish accountable care entities to put folks themselves into care coordination and take on those -- that role that they can. We also heard in this committee the concern about the upper payment limit, which we're addressing right now with this legislative intent. Everyone agrees, I think, from the administration, from the General Assembly, from the Hospital Association and all the safety nets, that we can't possibly afford to lose the federal assessment dollars. We won't do that and we need to have these work groups sit down. And I'm delighted Senator Koehler set up a -- a group to take a look at this amongst other issues. What I in envision from this care coordination and what I think everyone in this Chamber was hoping we would see as it comes to fruition is a number of different models out there on managing care, making sure that we are actually coordinating what a -- a Medicaid recipient needs, getting them the right care in the right place and the right setting at a lower cost as a result, because they won't be as sick and need to get treated in the hospitals. That's our intent. What we can do, too, is make sure we are holding accountable these -- all these various models to their performance and actually providing high quality care to our Medicaid recipients. And that's -- the passion that people have 83 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 here on this, I think, is going to make sure we do keep these organizations accountable for that and I'm very appreciative of the passion people are bringing to this issue. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Hunter.
I'd like to thank you for your leadership on this issue, Senator Steans. I know it has been very difficult to try to pull all the pieces together and all of the parties together who are interested in this particular matter and those who are interested in participating. So I'd like to thank you and I urge an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Hunter. Further discussion? Senator Duffy, for what purpose do you seek recognition?
Question for the sponsor, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that she will yield. Senator Duffy.
Senator, I thank you for all your hard work on this bill. And I know there's some sensitivity to wasteful spending in the Chamber, so I want to ask you a question so that I -- I have more information on some of the areas in this bill. And I understand the sensitivity to wasteful spending. In the past ten years that your Majority Party has lead {sic} the State of Illinois, you've led us into basically financial bankruptcy. We're ranked, per capita, the worst financial shape out of any state in America. So wasteful spending really matters, because if you take money for one of these budget bills out of your left pocket or you take money 84 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 for one of these budget bills out of your right pocket, either way the money has to come from one source and that's the State of Illinois. So, when I'm looking at the bill and I'm trying to look for wasteful spending, I see that five hundred and thirty-three thousand dollars is going to go to the Department of Human Services for Illinois welcoming centers. And so that I don't say that something's wasteful spending until I fully know what it means, I would like to know what -- what does that mean? What is welcoming -- Illinois welcoming centers for Department of Human Services? What -- what does that do?
PRESIDING OFFICER: (SENATOR HARMON) Senator Steans.
I'll say a couple things about this. First, this used to be in the immigration line, so it's just been moved out and -- and done separately. So it's not a new program. It was just in another program line before. And what I'm just learning from my esteemed colleague, Senator Delgado, is that former Senator Tom Johnson here is the one who first -- when he was over in the House, had first generated the suggestion, the idea for these welcoming centers.
PRESIDING OFFICER: (SENATOR HARMON) Senator Duffy.
Thank you, Senator. I appreciate that. I think since the spending actually went up in this line item that I would put this in the category, especially considering our -- our financial shape of the State of Illinois and we're asking hardworking teachers to cut their pensions, the savings that they have put into their 85 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 pensions over the years. Looking at the overall budget, I would say this is wasteful spending, and I would suggest -- or I would ask for you to -- to cut that from the bill, if at all possible, and remove that so we could take this very important revenue and put it to other places to pay for our unpaid bills and for teachers' pensions and other areas where it's sorely needed. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Further discussion? Senator McCarter, for what purpose do you rise? SENATOR McCARTER: Like to ask a question of the sponsor, please.
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that she will yield. Senator McCarter. SENATOR McCARTER: Senator, I'm -- I want to talk to you a little bit about something that's important to my district, and that's Murray Center and the -- the closure of Murray. As -- as everyone knows, we've -- I guess there's a question as to whether some of these closures have been successful. I think, on a case-by-case basis, we could probably say that some have been successful because some were great candidates to go into community care. The issue we have at Murray is that these are the most vulnerable of the -- developmentally disabled. You know, they're not the kind of folks that the Governor spoke about in his speech that were strumming their guitar on their -- on a porch now. I mean, these are people that have to be fed and taken care of, you know, completely. So -- whereas community care is good for some, it's not good for all. So, because this is important to me and the people in my district that have family there - in fact, even one of our Members has family 86 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 there - can you tell me how this is funded, if it's funded, how much? Can you explain that just a little bit?
PRESIDING OFFICER: (SENATOR HARMON) Senator Steans.
Yes, I understand, too, there's a lawsuit in process around this as well. So, right now, the -- the status is that it's funded to be able to keep it open, pending what happens to the lawsuit. But the dollars are flexible so that if it does go forward with closing, then the dollars can follow the folks if they're moved elsewhere so that they can provide the needed services for them in wherever they're getting located in their new placements. So that's my understanding, that there -- there are dollars there to keep it open, pending what happens with the lawsuit.
PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: You know, flexibilities is -- is a great thing as long as you trust the person that's making the decisions, right? I -- from what I can tell, there is a very large lump sum that does give the Governor discretion whether to fund this or not. Would I be correct in that assumption?
PRESIDING OFFICER: (SENATOR HARMON) Senator Steans.
Yeah, that's what I thought I was just explaining; that there is flexibility in that to keep it fully funded, pending a lawsuit, but if not, to allow the money to follow and safely transition folks to other placements if that's what ends up happening, if -- 87 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 if it continues to be closed. There is that flexibility. I would just suggest that, you know, this is the Governor who won the election. And it's his job to make the administrative decisions.
PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: But you're talking about a lump sum of almost a billion dollars. Do you think it's prudent to allow that much -- that much money to be allocated at his discretion? Wouldn't you think that we would be putting forth some of our own, you know, line items to -- to at least direct more of that? I mean, I understand giving him a little flexibility, but this is -- this is a lot. This is a billion dollars here, I mean, so you must have a tremendous amount of trust that all the needs are going to be met.
PRESIDING OFFICER: (SENATOR HARMON) Senator Steans.
Yes, there is flexibility in managing their -- a lot of the operational costs there at the Department of Human Services. And we gave about a two and a half percent reduction to their costs. And so this provides the flexibility to manage within those reductions. One of the things that we know is needed and one of the reasons we wanted to give flexibility here is that many of the local offices, as we're all experiencing, have very heavy workloads in Department of Human Services and aren't able to process all their cases in a very timely manner. So they've also requested to be able to hire new folks. This is hopefully going to give 'em the flexibility to manage their vacancies and hire new folks where they need them as well. So, we believe that this is the prudent 88 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 and best way of enabling them to most efficiently use their resources.
PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: To the bill.
PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator. SENATOR McCARTER: The -- the -- let me give you the status of the lawsuit. The judge has placed a restraining order on all relocations of residents at Murray. I think -- I obviously agree with that decision. I think we -- what we've found is, in the last few months, that some that have been relocated have not been taken care as well as we would like. The -- I think this is a process that should be slowed down. It should be funded. I wish I had as much confidence as the sponsor that it would be funded. The truth is, twenty-five million -- actually 25.4 has to be cut from somewhere. I, obviously, speaking on behalf of the -- the residents, really want to be assured that it's not going to be them. And, as well, we give -- you know, we -- we give flexibility for - which may not be a bad thing, I don't know - past due -- past due -- you know, past raises that the -- that the Governor negotiated without asking us. I suspect he could spend money for that within that lump sum. But I wish I had as much trust in the Governor to spend this appropriately, with Murray Center being a priority, but I just don't. I encourage a No vote.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Before I recognize Senator Murphy, the 89 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Associated Press and the Chicago Tribune both request permission to take photographs of the proceedings. Is there any objection? Senator Murphy, do you object? Seeing no objection, permission is granted. Senator Murphy, for what purpose do you rise?
To the bill, Mr. President. I, you know, unlike our former colleague in the White House, am a big fan of the freedom of the press. So, bring 'em in.
PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator.
Thank you. Senator, I just -- first, I wanted to commend you. You've had a pretty good day, ‘cause it seemed like just a day or two ago there was a little unrest over the concept of the managed care bill that flew out of this building -- this Chamber 58 to nothing back in January '11, and you miraculously have gotten everybody on the same page on that. So I commend you on that. The problem, of course, is -- is this is another piece of a budget that sets an all-time record on spending that cements in place the job-killing sixty-seven percent tax increase, and in general, results in the unemployment rate of 9.3, which is the second- highest in the country, and one of the worst job records in the United States. So I have to, despite your good works, urge a No vote on this bill.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Murphy. Senator Syverson, for what purpose do you rise?
Thank you, Mr. President. Questions of the sponsor. 90 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that she will yield. Senator Syverson.
Senator, I just want to take a little different direction than some of the concerns that -- regarding the -- what's the cost of the -- of this area and talk a little bit about the adult dental area. I know there was ongoing discussions about restoring or covering the area of adult dental, especially when it comes to dealing with both the -- the -- the DD facilities and with the -- the dental schools, that are the ones that serve such a large uninsured population. Has there been any movement on that in this -- on this amendment?
PRESIDING OFFICER: (SENATOR HARMON) Senator Steans.
Well, in Senate Bill 26, the Medicaid expansion bill, we did broaden a -- somewhat the definition of emergency dental that's getting covered, but we have not been able to restore the preventative dental. That's not here. That's certainly a goal of mine.
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson.
And not just preventative, but in the -- with the DD facilities, is there going to be -- will there be coverage under this or other programs that deal with the DD patients when it comes to dental? And if not, who bears that cost for dental services for this -- for this population?
PRESIDING OFFICER: (SENATOR HARMON) 91 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Senator Steans.
There is not specific coverage for DD patients in -- in this bill. That would be a -- there's -- there's not. And that's what I was explaining. We have not restored the people who are on Medicaid, assuming they are on Medicaid, we have not restored Medicaid dental services entirely.
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson.
I guess I -- I hope that's something we would look at in the future. I mean, this is -- we're talking about a population that really has no access to dental services right now, and this is going to end up being borne by -- by somebody and creates a real problem. This has been a very cost-effective program, especially at the dental schools, where they serve large numbers of -- of the population that have no other place and no other coverages to get. If I'm not mistaken, the -- the cost of this -- the cost of the entire program was around the ten-million-dollar range. So, I hope, as we find other savings through the reforms that are being implemented, that some of those savings can be used to look at addressing that population. And I appreciate your willingness to at least look at that going forward. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Koehler, for what purpose do you rise?
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR HARMON) 92 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 To the bill, Senator.
I just wanted to rise and commend the sponsor for all of her work, not only on the budget issues, but on Medicaid issues in particular. And I hope everybody was paying attention when the exchange between Senator Hunter and Senator Steans occurred, because, Senator Steans, you really framed the issues in exactly the right way. And I think we need to heed those words, because what's -- what's so important as we go forward to this - and I -- and I support this budget absolutely - but what's so important as we go forward is that we -- we need to pay attention as to the kind of outcomes that we're desiring with the whole Medicaid program. And -- and your framing the issues the way you did are -- are things that we need to be tuned into as we work in -- in the months to come. And so I just wanted to thank you for that and -- and I know you've got commitment certainly on our side of the aisle to work with you on that, and hopefully on the other side of the aisle as well. But I urge an Aye vote, and, again, thank you for your work on this.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Steans, to close.
Yeah, what he said. Please vote Aye. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) The question is, shall House Bill 213 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 40 voting Aye, 19 voting No, none voting Present. House Bill 2013 {sic}, having 93 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 received the required constitutional majority, is declared passed. Mr. Secretary, Resolutions.
Senate Resolution 352, offered by Senator Brady. It is substantive.
PRESIDING OFFICER: (SENATOR HARMON) Mr. Secretary, Introduction of Senate Bills.
Senate Bill 2587, offered by Senator Manar. (Secretary reads title of bill) 1st Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Mr. Secretary, 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 92. Together with the following amendment which is attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment 2 to Senate Bill 92. We have received like Messages on Senate Bill 105, with House Amendment 1; Senate Bill 1042, with House Amendment 1; Senate Bill 1366, with House Amendment 1; Senate Bill 1587, with House Amendments 1 and 2; Senate Bill 2106, with House Amendment 1. Passed the House, as amended, May 30th, 2013. Timothy D. Mapes, Clerk of the House. 94 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 A Message from the House by Mr. Mapes, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has refused to concur with the Senate in the adoption of their amendment to a bill of the following title, to wit: House Bill 1604. Which amendment is as follows: Senate Amendment 1 to House Bill 1604. Non-concurred in by the House, May 30th, 2013. Timothy D. Mapes, Clerk of the House.
PRESIDING OFFICER: (SENATOR HARMON) With leave of the Body, we're going to return to the Order of House Bills 3rd Reading for substantive bills. Senator Althoff, you had House Bill 3349. Senator Lightford has an amendment and she is here on the Floor. We can take that up. We -- we took this out of the record while it was already recalled to 2nd Reading, so that's where it comes back into the record, on 2nd Reading. Mr. Secretary, have there been any Floor amendments approved for consideration?
Floor Amendment No. 5, offered by Senator Lightford.
PRESIDING OFFICER: (SENATOR HARMON) Senator Lightford, on Floor Amendment No. 5 to Senator Althoff's House Bill 3349.
Yes, sir. Thank you, Mr. President. I'd like to thank Senator Althoff for allowing me to add an amendment to her legislation and work with me on this important initiative. I have a constituent in my district that brought this concern to me from 95 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 the National Drycleaners Institute. They feel and hope that this will address several of the concerns that they have establishing the council and hoping that recommendations and findings will come back to allow us to move this issue forward. And, again, I want to thank Senator Althoff and I yield to her on 3rd Reading.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Lightford. Is there any discussion of the amendment? Seeing none, Senator Lightford moves to adopt Floor Amendment No. 5 to House Bill 3349. All in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on 3rd Reading is House Bill 3349. Mr. Secretary, please read the bill.
House Bill 3349. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Althoff, on House Bill 3349.
Thank you, Mr. President, particularly for the consideration in moving back. As amended, House Bill 3349 allows drycleaners in the State's optional drycleaners' insurance program a thirty-day grace period before their insurance can be terminated for non- payment. It also, as Senator Lightford referenced, creates the 96 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Drycleaner Environmental Response Trust Fund Task Force, and the Task Force shall study the resource challenges and implementation issues that the Fund faces and make recommendations to adequately fund the Fund. This is the fund that all drycleaners pay into to assist them in cleaning up the surrounding areas because of the chemicals used in the drycleaning process. We have some significant major questions about how those moneys are being used and allocated. This Task Force will investigate and make a recommendation back to the Body. I'd be happy to answer any questions, but I would ask for an Aye vote. And it's been a pleasure to work in a bipartisan fashion with Senator Lightford.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Althoff. Is there any discussion? Senator Lightford.
Thank you, Mr. President. I rise to encourage Aye votes also on this bill.
PRESIDING OFFICER: (SENATOR HARMON) Any further discussion? Seeing none, the question is, shall House Bill 3349 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting No, none voting Present. House Bill 3349, having received the required constitutional majority, is declared passed. Senator Sullivan in the Chair.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Muñoz, for what purpose do you rise? SENATOR MUÑOZ: 97 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point, Senator Muñoz. SENATOR MUÑOZ: Thank you, Mr. President, Ladies and Gentlemen of the Senate. I have two guests here with me today that used to live in my district, Ron Herrera and his daughter, Jen. If we can give 'em a welcome to the Senate Floor, I'd appreciate it.
PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome to the Illinois State Senate. Great to have you here today. Thanks for joining us. Ladies and Gentlemen, if you will turn to page 2 of the printed Calendar on the Order of Concurrence, Senate Bills. Senator Rezin, for what purpose do you rise before we go to that order?
Thank you, Mr. President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point, Senator Rezin.
I have a return guest here today, Halley Hobbs. She is an eighth grader from Minooka. If you recall a couple of weeks ago, Halley came down on the Senate Floor, spent the day with me, and enjoyed it so much, asked if she could come back today. Just to jog your memory, her uncle is the Coach Dom Caper {sic} (Capers) from the Green Bay Packers. But what's important about today is that Halley actually is supposed to be graduating from eighth grade, and instead of attending her graduation ceremony, she chose to sit on the Floor today in the Senate, because she enjoyed it so much. So, we would like a warm Springfield welcome for Halley 98 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Hobbs today. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, let's welcome our guest to the Illinois Senate. Nice to have you here today. Thanks for joining us. Ladies and Gentlemen, page 10 of the Calendar, on the Order of Secretary's Desk, Concurrence on Senate Bills, we have Senate Bill -- Senator Manar, for what purpose do you rise?
Thank you, Mr. President. For a point of personal privilege.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point, Senator Manar.
Thank you, Mr. President. I would like to introduce Danasia Nelson, who is with us today as a Page for a Day. She's from Decatur. She is soon to be a fifth grade student. She wanted me to make sure I got that right. Danasia is consistently on the high honor roll at Muffley Elementary in Decatur, and her favorite subject is math. And I'm going to make a bold prediction, Mr. President. I think someday Danasia might just serve in the Senate as a State Senator. So I would like to welcome her today in Springfield. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Will our guest please rise? Welcome to the Illinois Senate. So nice of you to join -- great -- nice to have you here with Senator Manar. Okay, Ladies and Gentlemen, Senate Bill 206. Senator Link. Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 206. 99 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Signed, Senator Link.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.
Thank you, Mr. President. This amendment just makes it permissive, the approval of leave of absence for Secretary of State employees.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall the Senate concur in House Amendment 1 to Senate Bill 206. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 53 voting Aye, 3 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment 1 to Senate Bill 206, and the bill is declared passed. Next up on the Calendar, we have Senate Bill 626. Senator Hunter. Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment 1 to Senate Bill 626. Signed by Senator Hunter.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter.
Thank you, Mr. President. As amended, this bill makes several updates to the Early Intervention Services System Act so that it complies with federal and State regulations. This will ensure 100 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 that Illinois will not lose 17.3 million dollars in federal funding. This bill also states that the use of private insurance to pay for services may not, number one, result in the loss of benefits; two, cannot negatively affect the availability of health insurance to infant -- infants, toddlers, and family; and, three, it cannot be a basis for increasing the health insurance premium. And I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall the Senate concur in House Amendment 1 to Senate Bill 626. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment 1 to Senate Bill 626, and the bill is declared passed. Next up, we have Senate Bill 1044. Senator Silverstein. Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment 1 to Senate Bill 1044. Signed by Senator Silverstein.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Silverstein.
Thank you, Mr. President. The amendment that we're concurring -- we're concurring on clarifies -- how we can enforce a dormant judgment. 101 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall the Senate concur in House Amendment 1 to Senate Bill 1044. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment 1 to Senate Bill 1044, and the bill is declared passed. Let's turn the page. Top of page 11, we have Senate Bill 1192. Senator Delgado. 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 1192. Signed by Senator Delgado.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Delgado.
Thank you, Mr. President. I understand we're going to do 1 and 2, and -- and so I'll read both of 'em for the purpose of the…? So I'll just start with Amendment No. 2. Recommend do adopt motion to concur. House Amendment No. 2 removes the Section which required the Prisoner Review Board to send written notification to the State's Attorney and the victim within fifteen days of any upcoming aftercare release hearings. In the event that aftercare release was denied, the Section also required notice to the victim of the next scheduled hearing. And also recommend do adopt a motion to concur on House Amendment No. 1. Deletes everything and 102 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 becomes the bill. However, the amendment reinstates the engrossed version of the bill with a few technical changes. For example, the amendment removes repetitive language in the Section on powers and duties of the Department of Corrections. The amendment adds "aftercare release" or "aftercare specialist" in the other provisions that currently relates to parole or mandatory supervised release. The amendment also adds the "Department of Juvenile Justice" in locations applicable to aftercare specialists. The only substantive change to the bill allows the Prisoner Review Board to restrict attendance at aftercare release and aftercare release revocation hearings in order to protect the confidentiality of the youth. And I would ask for your indulgence and concurrence.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall the Senate concur in House Amendment 1 and 2 to Senate Bill 1192. All in -- all in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendments 1 and 2 to Senate Bill 1192, and the bill is declared passed. Next up, we have Senate Bill -- with leave of the Body, we'll come back to 1197. Let's go to Senate Bill 1307. Senator Lightford. Mr. Secretary, please read the lady's motion.
I move to concur with the House in the adoption of their 103 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Amendment No. 1 to Senate Bill 1307. Signed by Senator Lightford.
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Lightford.
Thank you, Mr. President. On Senate Bill 1307, I'm -- I'm pleased to concur with the House. They had one amendment that was filed for clarification for CPS. The bill still just only lowers the compulsory school age from seven years to six years, beginning with the 2014-15 school year. I'd be happy to answer questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Senator Luechtefeld, for what purpose do you rise?
Thank you, Mr. President, and question of the sponsor.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates she will yield for a question. Senator Luechtefeld.
Senator, again, would you -- and you know my concern on this bill from the very beginning was the ability for a parent who may not feel that their -- their child is ready for school, and I -- I think sometimes parents are -- you know, we -- we tend to be -- we always think our kid's ready for about anything, and many times that's not the case. But sometimes when parents would like to hold their child back, my concern was that this would maybe keep that from happening. Again, let me ask you, when do you have to send your -- your child to school?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford. 104 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
Thank you, Senator Luechtefeld. If they're age six by September 1st of the 2014-15 school year.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Luechtefeld.
And am I right that that would -- that would mean that if a -- if a kindergarten exists in your community, you would have to have your child in the kindergarten class by that time?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford.
No, it's not that they would have to be in kindergarten; it would be the appropriate level. So that student, upon arrival, will be tested to see if their skill level is at first grade level or if they should be at kindergarten level. Then it would be up to the parent to determine whether or not they want their child placed in the kindergarten classroom, or if they were approved at the level of first grade, then they could be placed in first grade. And I do, Senator Luechtefeld, want to say for the record that all of our school districts across the State of Illinois do have a kindergarten class. I had noted on the Floor previously that one school district did not, and I was recently informed that ISBE's information wasn't updated and, in fact, all of our school districts have a kindergarten class.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford. Excuse me, Senator Luechtefeld.
First, let me say that I appreciate the fact that you raised 105 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 this one year. I think that made it certainly much easier to deal with. I was really opposed to it before. Still do believe that we have a problem with some parents, who may not want to send their kid to school at that time, and will probably still vote No. But at least the bill, I think, is a lot better now than it was before. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Further discussion? Seeing none, Senator Lightford, do you wish to close? Senator Lightford. Excuse me, Senator Lightford, there was another light on and I missed it. My apologies. Senator McCann, for what purpose do you rise? SENATOR McCANN: To the bill, Mr. President. Thank you so much. I appreciate that.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill, Senator McCann. SENATOR McCANN: On page 5 of House Floor Amendment No. 1, it states that there are, I -- I believe, about five exceptions, and one of the -- there's one exception that is not given. It was in the underlying bill, but it is not in the -- in the amendment. And that exception would be for private schools or parochial schools, which would include homeschooling -- homeschoolers. And I am receiving quite a few phone calls from quite a few homeschoolers, who -- who -- who are worried, they don't know, are they saying that the compulsory age is lowered for the homeschooling. They're -- they don't know if they're actually having to attend public schools. And so that is of grave concern to me. So now I would like to ask a question of the sponsor, Mr. President. 106 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates she will yield. Senator McCann. SENATOR McCANN: Senator Lightford, is there -- is there a reason that the exception -- that number one, for parochial and private schools, which would include homeschoolers, is there a reason that that was left out of this amendment; that all of the other exceptions were -- were brought into this amendment, but number one was left out?
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Lightford.
Senator, if I understand your question correctly, we're not changing anything that's current in statute, but lowering the compulsory school age. Currently in law, the compulsory school age is from seven to seventeen, and this bill would, in fact, become six to seventeen. All of the language that's already drafted in the statute, nothing changes.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCann. SENATOR McCANN: But what about -- there is -- there are several exceptions that are made - that if someone is not physically capable, if -- if -- if a child is gainfully employed because the family needs 'em to be and they -- they -- they are excused. There are many exceptions that -- that were given in the underlying -- in the underlying bill, but were not incorporated into the amendment. All of the exceptions were incorporated into the amendment, except for exception number one, which talks about parochial and private schools, which would also include homeschoolers. 107 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford.
If you look at page 2 of the amendment, number one, it clearly says there, "Any child attending a private or a parochial school where children are taught the branches of education taught to children of corresponding age and grade in the public schools, and where the instruction of the child in the branches of education is in the English language". So that also included your concern there.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCann. SENATOR McCANN: Thank you, Senator. I appreciate that clarification. But if you'll bear with me just a moment and help me understand this. On page 5, the underlined language, if we go to -- to line 5 on page 5 of House Floor Amendment No. 1, beginning with the word "Beginning" with the 2014-15 school year, it lists the exceptions. And it says, under -- at the end it says, "under paragraph 2, 3, 4, 5, or 6", which is all that you just indicated. But the numeral 1 is not enumerated there in that line. Is there a reason that paragraph 1 was -- was omitted?
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Lightford.
No, there wasn't a reason why that was omitted.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCann. SENATOR McCANN: 108 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Thank you, Mr. President. I greatly appreciate the opportunity. And I -- and I appreciate Senator Lightford answering that question. I would ask the Senator if she would pull this -- this piece of legislation and insert that, because I think that's -- that's of grave concern, and it's a very -- I know it may sound technical to -- to many folks, but I believe the unintended consequences could be grave when you consider the number of parochial schools, private schools, and homeschoolers that we have in this State. There's not one of us in this Chamber who do not represent a Senate district where all three of those do not exist, would be my guess, and some us more than others. And especially when you think about the concept of -- of private schools, parochial schools, and homeschoolers being brought into this when it wasn't even your intention to begin with. So that would be my request.
PRESIDING OFFICER: (SENATOR SULLIVAN) Was there a question there, Senator McCann? Senator Lightford.
The question was for me to take the bill out of the record. And my answer will be, I would love to move this bill forward. This bill had been debated, not only in our Education Committee, but in the House. This amendment was clarifying language that CPS requested. There is nothing here that says a child who's being homeschooled cannot be homeschooled. There's no division on whether or not a parent can send their child to any school learning that they'd like - if they want to send 'em to a private school, keep 'em homeschooled, parochial school, if they'd like to send 'em to the public school. What this bill is saying that they have 109 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 to do it if their child turns six by September 1. They -- I support school choice. They -- they can do whatever they like to do. As a mother, I choose to send my son to the best learning institution that I think is best fitted for us. So I just want to make sure that kids are not home until they're seven years old. My goal was to lower the compulsory school age to five. I -- I made some conceptions {sic} because I heard the voices of Senators that previous spoke and said, you know, hey, some of these children may not be ready. So I made that, you know, exception, raised that number up to six. But, Senator, I just want kids learning by six. If they're homeschooled, I applaud their parents for being able to take on such a task.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Haine, for what purpose do you rise?
Would the sponsor yield, please?
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates she will yield. Senator Haine.
So, quite simply, Senator Lightford, the bill -- it is not your intent in this bill to have this provision apply to any parochial school student or prospective student or one who is homeschooled. Is that correct?
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Lightford.
That is correct. They already have the exemption under current law. All this bill is doing is lowering the school 110 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 compulsory age to six years old by September 1st, beginning the 2014-15 school year.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.
And my second question related to that is, there would be no way any -- any child would be declared a truant or their guardian or a parent be declared someone who abetted a truant if they were homeschooled or sending their child to a parochial school. Is that correct?
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Lightford.
That's correct, Senator.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Righter, for what purpose do you rise?
Will the sponsor yield, please, Mr. President?
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates she will yield. Senator Righter.
Senator Lightford, I thought I was tracking this until Senator Haine got up and asked the question and the answer that you gave. Now, I'm looking at the amendment and as -- the language that you're changing in the law obviously has -- with regards to the compulsory age at which a child needs to start going to school, and the language exempts people who fall -- students who fall into paragraphs 2, 3, 4 and 5. Your language says that. But it doesn't 111 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 include paragraph 1 - in other words, it doesn't exempt children who fall under paragraph 1. And I'm going to read paragraph 1 of the current law to you. A child -- "any child attending a private or parochial school". So from the reading of what you've got before us, it seems pretty clear that children who attend private or parochial schools will be subject to this new mandate, unless I'm missing something in the paperwork that's in front of me. Can you provide me any clarification on that or the answer that you gave Senator Haine?
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Lightford.
Senator, I tried to answer that question with the previous speaker, so I'll attempt again. The bill doesn't allow or designate what type of school the child has to attend. It's not saying you have to send your kid to a public school. Parents can choose to send their children to any school they'd like. Charter school isn't listed as well. If they want send 'em to a charter, if they want to send 'em to a private or parochial, if they want to keep them home, they can do that. I would just like for them to be in a learning capacity by the time they're six years old if their birthday is by September 1st, beginning school calendar year of 2014 to 2015. I'm not trying to create any challenges for anyone outside of the public school system. All children need to be learning by six years old. So the -- the content of the legislation is just to lower our current compulsory school age to six years old instead of seven. Current law, everything else stays the same. That clarifying language was for CPS. That's the only reason why the bill is back here for concurrence. 112 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.
Well, the -- the language I'm referring to, Senator, was in the bill when it left the Senate. So, answer me this: A parent or parents who are intending on sending their child to St. John's Lutheran School in Mattoon, which is obviously not a public school, if this becomes law, will they be required to send that child to school beginning at age six?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford.
I'm not sure I heard your question, Senator. I was still looking back at the amendment that you brought to my attention. So, if you go with me where you are on page 5, if you look at line 4 right above that in current statute, it also does not include Section {sic} (paragraph) 1. It says, "unless he is excused under paragraph 2, 3, 4, 5, or 6". All we did is carried that down. So, current statute already didn't have paragraph 1 included. We left it the way current law is. You're wanting to make the change to current law. I don't have a desire to change the statute other than the child being six years old by September 1st.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter, you might also bring your microphone just a little bit closer. It is a little bit hard to hear you. If you would, please. Senator Righter.
First person that's ever said that to me. Okay, Senator, I'm not talking about -- I'm not talking about the age issue now. I'm 113 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 talking about the breadth of the mandate. In other words, does - - does the six-year-old compulsory age that you want to make law, will that apply to a child who goes to a private and parochial school, as well as one that goes to a public school? That's the question that Senator Haine asked you and you said it does not apply to private or parochial schools. That was your answer. That was not your intent. I'm trying to clarify that, because that's not the way the bill reads.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford.
Senator Righter, you're rewording exact -- the same -- same answer applies. The current statute does not address paragraph 1. So the amendment didn't change the current statute. If you feel now in current law that is affected, then so be it, but it's not. Senator Haine's question that I responded to was related to would those parents be considered truant? So you need to answer -- ask the same question in the same vein that he asked the same question, then I'd give you the same answer. But you're changing it up a little bit on me. So if you just defer back to the original statute, you will see here that the amendment did not change current law as it relates to private students, parochial students, students -- my son is in a Christian academy. It's okay to attend private school. That's not what I'm trying to do, make a change in any of that. Whatever our current statute reads, all I want to do is make sure those kids are in school at six, instead of seven. That's it. You guys are making a little bit more out of it than need be.
PRESIDING OFFICER: (SENATOR SULLIVAN) 114 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 I'll come right back to you, Senator Righter. Amanda Vinicky, with the Illinois Public Radio, requests permission to photograph and videotape. Seeing no objection, leave is granted. Senator Righter.
Thank you, Mr. President. Actually, Senator Lightford, I listened very carefully to Senator Haine's question. He asked you about private and parochial schools. Okay? And he asked if it was your intent that the new compulsory age in your motion to concur would apply to students who are going to attend private or parochial schools. That's what he asked you. And your -- your response was, no. Now, your bill -- you're right. Your bill drops the compulsory age, not just for kids who are attending public schools, but it -- it will drop it - you're right, because that part of the statute you did not change - you're going to drop the compulsory age for parents who choose to homeschool or send their kids to private school or parochial school as well. That's all I wanted to know, is whether or not you were going to have this mandate apply to kids outside of the public school system. I think you've told me, yes. That's different than I think what Senator Haine, the impression that he was given, and I just wanted to make sure the Body was clear. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Further discussion? Senator Oberweis, for what purpose do you rise?
Question of the sponsor.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates she will yield for a question. Senator Oberweis. 115 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
Senator, I'm just a little confused. And I'll -- I'll be very brief. But if I'm reading this correctly, this eliminates the requirement of a school district to have a kindergarten program. Is that correct?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford.
No.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Oberweis.
Well, I apologize then. Our staff has this wrong, because it says in our analysis, "removes the provision making kindergarten mandatory for all school districts". So, this is just wrong, is that right?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford.
That's no longer there, Senator. That was removed.
PRESIDING OFFICER: (SENATOR SULLIVAN) Any further discussion? Seeing none, Senator -- Leader Lightford, do you wish to close? Leader Lightford.
Thank you, Mr. President. Ladies and Gentlemen of the Senate, this bill does not make any changes that is already statutorily written. No exemptions were made, other than to lower the compulsory school age from seven to six beginning with the school year 2014 to 2015. And I just quickly add that we value early 116 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 childhood education in this State. And we know that when children -- the earlier they learn, the better they off to have a successful life. And I encourage all of us to vote Aye.
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, the question is, shall the Senate concur in House Amendment 1 to Senate Bill 1307. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 39 voting Aye, 18 voting Nay, 0 voting Present. Senate Bill -- excuse me. Having received the required constitutional majority, the Senate does concur in House Amendment 1 to Senate Bill 1307, and the bill is declared passed. Next up on the Calendar, we have Senate Bill 1358. Senator Kotowski. Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 2 to Senate Bill 1358. Signed by Senator Kotowski.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Kotowski.
It's great to see you, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) It's nice to see you too, Senator Kotowski. Glad that you could join us today.
Thank you for saying that. It was nice to see you. I -- I don't know if you're going to bring another beauty queen in today, but you've done that a fair amount this year, so appreciate your 117 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 efforts in that regard. I motion to concur. Provides that for support orders established between May 1st, 1987, and December 31st, 2005, Department of Healthcare and Family Services must provide a one-time notice to custodial parents advising them that they must notify HFS within sixty days if they want HFS to compute any owed interest.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Ladies and Gentlemen, the question is, shall the Senate concur in House Amendment 2 to Senate Bill 1358. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment 1 to Senate Bill 1358, and the bill is declared passed. Mr. Secretary, that was House Amendment 2 to the previous bill. Next up on the Calendar, we have Senate Bill 1456. 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 1456. Signed by Senator Haine.
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Haine.
…you, Mr. President, Ladies and Gentlemen of the Senate. This is a bill which originated in the Senate, changing the way fire commissioners are served -- or, appointed to serve. They were 118 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 appointed from different categories in the past and these are small fire districts. And the fire district boards, whom are either appointed by county boards or elected, appoint this subgroup and -- and they pick them -- they pick them from classes, employee classes, employing classes, or neither. Over the years, this has become very vague and confusing. So they decided to dispense with this in the House. The Firefighters came up with a way to roughly approximate that and they decided to offer it up to the district based on party affiliation. And so that's what the House amendment does. It makes this board of fire commissioners, which does the firing, recommending, hiring, disciplinary matters, and other things for the elected or appointed board, based upon whether one is a D or an R. One has to be one of -- you can't have a total R or total D.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Senator McCarter, for what purpose do you rise? SENATOR McCARTER: To the bill, please.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill, Senator McCarter. SENATOR McCARTER: Ladies and Gentlemen, in the Local Government Committee, we -- there was a question about this and how it would affect one of my municipalities, that of Centralia. I've -- I've checked with them. Their issue with this bill was on the original bill, not the amendment. So I just want to make clear -- clear about that. Now, there's one other part of this that I'm not sure any of you would get excited about this if it started to become a trend, but 119 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 there -- there is a way for -- to determine party by simply an affidavit in this. So, you know, it -- if -- if we just continue this, people like myself could just determine to be of a different party and run in a different race, I guess. But I -- I understand that this is something done on local -- with local municipalities only. So just want to -- say I encourage an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Seeing no further discussion, Ladies and Gentlemen, the question is, shall the Senate concur in House Amendment 1 to Senate Bill 1456. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment 1 to Senate Bill 1456, and the bill is declared passed. Next up on the Calendar, we have -- well, with leave of the Body, we'll come back to 1470. Let's turn the page. Top of page 12 of the printed Calendar. Again on the Secretary's Desk on the Order of Concurrence on Senate Bills, we have Senate Bill 1474. Leader Link. Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1474. Signed by Senator Link.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.
Thank you, Mr. President. This just allows the construction 120 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 and acquisition -- services for {sic} (or) public transportation facilities in each Authority, District, or Board costing over forty thousand, instead of ten thousand, are subject to certain public notices and public bidding requirements.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall the Senate concur in House Amendment 1 to Senate Bill 1474. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 53 voting Aye, 4 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment 1 to Senate Bill 1474, and the bill is declared passed. Next up on the Calendar, we have Senate Bill 1479. Senator Morrison. Mr. Secretary, please read the lady's motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1479. Signed by Senator Morrison.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Morrison.
Thank you, Mr. President. This legislation deals with boating safety. The amendment is a technical cleanup that was agreed to by all interested parties. The amendment went straight from the Rules Committee to the House Floor and passed the House with a unanimous vote. I would ask for the same consideration from this membership. Thank you. 121 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendment 1 to Senate Bill 1479. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment 1 to Senate Bill 1479, and the bill is declared passed. Next up, we have Senate Bill 1530. Senator McConnaughay. Mr. Secretary, please read the lady's motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1530. Signed by Senator McConnaughay.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McConnaughay. SENATOR McCONNAUGHAY: Thank you very much. This amendment provides that racing shells, rowing sculls and racing canoes and racing kayaks are not required to carry personal flotation devices as long as they are participating in an event that is supported by the Department of Natural Resources.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendment 1 to Senate Bill 1530. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? 122 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment 1 to Senate Bill 1530, and the bill is declared passed. Senate Bill 1565. Senator Delgado. Mr. Secretary, please read the gentleman's motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1565. Signed by Senator Delgado.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Delgado.
Thank you, Mr. President, Members of the Senate. House Amendment No. 1 is a concurrence. House Amendment No. 1 to Senate Bill 1565 retains the provisions of the bill as it passed out of the Senate. It further amends the bill to clarify that when a court vacates a short-term guardianship for a minor after appointment of a temporary guardian -- I'm sorry, temporary custodian, notice must be provided to all parties, including the short-term guardian, as required by the Juvenile Court Act of 1987. And I would ask for your indulgence.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall the Senate concur in House Amendment 1 to Senate Bill 1565. 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 123 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 wish? Mr. Secretary, take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment 1 to Senate Bill 1565, and the bill is declared passed. Let's go to Senate Bill 1584. Senator Mulroe. Mr. Secretary, please read the gentleman's bill.
I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 1584. Signed by Senator Mulroe.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Mulroe.
Thank you, Mr. President, Members of the Senate. The amendment becomes the bill. Currently, there are -- four of the Chicago pension funds - police, fire, labor and municipal employees - pay a portion of retiree health care costs - sixty-five dollars a month if the retiree receives Medicare benefits and ninety-five dollars per month if the retiree does not receive Medicare benefits. That payment stops this June -- June 30th, 2013. This bill will extend the payments to December 30th, 2016, or when the city stops providing health care insurance for the retirees, whichever is earlier.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall the Senate concur in House Amendments 1 and 2 to Senate Bill 1584. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have 124 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 all voted who wish? Mr. Secretary, take the record. On that question, there are 47 voting Aye, 8 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendments 1 and 2 to Senate Bill 1584, and the bill is declared passed. Senate Bill 1599. Senator Morrison. Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1599. Signed by Senator Morrison.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Morrison.
…you, Mr. President. This amendment absorbs Senate Bill 1600 into Senate Bill 1599 to codify an FBI background check for DCFS employers -- excuse me, employees and daycare providers and volunteers. I would ask for a favorable vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Ladies and Gentlemen, the question is, shall the Senate concur in Amendment -- House Amendment 1 -- we had a late light come on there, Mr. Secretary. And so we'll make an exception here. Senator Oberweis, for what purpose do you rise?
Question of the sponsor.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates she will yield for a question. Senator Oberweis.
Do we have an idea of what the cost to do that would be? 125 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Morrison.
Senator, it's my understanding, this is a practice that -- that has been ongoing for quite a long time. The costs are already absorbed in part of the Department's budget.
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, the question is, shall the Senate concur in House Amendment 1 to Senate Bill 1599. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment 1 to Senate Bill 1599, and the bill is declared passed. Next up, we have Senate Bill 1603. Senator Hastings. Please -- Mr. Secretary, please read the gentleman's motion.
I move to concur with the House in the adoption of their Amendments 1 and 3 to Senate Bill 1603. Signed by Senator Hastings.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hastings.
Thank you, Mr. President and Members of the Senate. Senate Bill 1603 is a compilation of six different bills, and it's -- as amended by the House, it makes several changes to the operations and authority of the Illinois Finance Authority. It exempts contracts for the lawyers and financial experts needed to conduct 126 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 a bond issuance when the State is not an obligor on the bonds and the State is not expending money in the contract form -- or, from most of the Procurement Code. This exemption has a five-year sunset and must meet certain additional reporting requirements. It also allows universities to enter into leases more than ten years when those leases are being used to support a bond issuance by the Illinois Finance Authority to build campus buildings. It also authorizes the IFA to extend its bonding authority to projects beyond the borders of Illinois when Illinois benefits from those projects and to aggregate small projects into one big bond issuance to secure a better rate. It grants electric -- electric utility companies the same rights enjoyed by gas utility companies to have the option of meeting energy reduction targets over the course of three years, rather than annually, which will allow electric utilities to invest in projects that will save more energy in the long term. And last, it changes the definition of the "Energy Efficiency Project" and -- to authorize the IFA to issue debt for qualifying entities to purchase geothermal heat pumps as a means to increase their energy efficiency. And with that, Mr. President, I'll answer any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Senator Barickman, for what purpose do you rise?
Mr. President, to the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill, Senator Barickman.
Mr. President, thanks. I just want to make -- to make some 127 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 of my colleagues aware. As things happen sometimes this time of year, bills are flying quickly. I think this one was put together quickly. I certainly, you know, have had a chance to look at it. This is one of those, where you take a look at this bill and you might say, hey, there's some good stuff in it; there's probably some bad stuff in it. I want to point out to my colleagues that the component of this bill that deals with the out-of-state bonding capability of the IFA is something that this Chamber has taken -- has considered previously, I think back in 2010. Many, if not all, of my colleagues on this side of the aisle opposed that issue then. There are some legitimate concerns, I think, from a public policy matter, as to whether Illinois should be allowing for investments of the IFA in projects outside of the State of Illinois when we maybe should be prioritizing our resources here in Illinois. That said, I'd just ask everyone to take a look at all that's in this bill. Again, it's one of those mixed bags. It's the end of Session. There's some good stuff in it. Appreciate the sponsor's work in probably bringing some of those good things in. But, to all my colleagues, take a look at this and make sure you understand what you're voting for before we hit our switches. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Further discussion? Senator Righter, for what purpose do you rise?
Will the sponsor yield, please, Mr. President?
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will for questions. Senator Righter.
128 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Thank you. Senator Hastings, I know yesterday you presented this in committee and, just going to say, I'm not sure that you had my full attention yesterday when you were presenting this, and I'll just apologize for that right now. And Senator Barickman makes a -- a very good point that -- I mean, the underlying bill that went over simply provided some flexibility for institutions of higher learning in this State. And it comes back as almost an entirely new piece of legislation after the -- the folks in the House get done working it over. And I do want to focus in on the provision that Senator Barickman talked about and that is the notion that we need to allow the Illinois Finance Authority to finance projects outside of this State. I'm assuming that you had a conversation with the Finance Authority folks about that add-on to your bill, and you've agreed, obviously, to file a motion to concur and carry it. Give -- help me explain to my constituents back home why we want to allow the Finance Authority to finance projects outside the State.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hastings.
Well, Senator, thanks for your question. You have my full attention. To answer your question, you know, when you go home and explain this to your taxpayers, this isn't taxpayer money. This is investments that's secured by various sources that can come from all around the country. So that's the first thing I would say to your -- the constituents in your district. Secondly, the IFA may only issue bonds for entities within the State of Illinois, but the amendment allows them now to project for projects beyond the borders of Illinois, but within the confines of the 129 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 United States. And to qualify for these bonds, these entities must have significant business contacts in Illinois; they must benefit Illinois businesses, benefit Illinois residents, or benefit the environment of Illinois. And before the IFA can issue bonds under this new authority, the IFA must first issue findings demonstrating that the project will benefit Illinois, and these benefits can either be environmental or economic. Now, I know Senator Barickman had a -- a comment as well about -- in terms of our -- our bonding, should we be funding projects outside of Illinois? If your concern is in terms of how much we have in terms of capital to invest, at no time shall we issue bonds to projects in other states if we're within two hundred and fifty million dollars of our bonding authority limit. So that gives us some room if Illinois wants to finance some -- or, finance some projects here in Illinois.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.
I want -- I want to make sure, Senator, I understood that last statement of yours. You're saying the bill expressly prohibits the financing of a project outside the State if the Finance Authority's bonding room, if you will, is under two hundred and fifty million dollars. Is that what I understood you to say?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hastings.
At this time, Senator, I think our -- our bonding capacity right now is at twenty-four billion. We cannot have issued outstanding bonds totaling more than 28.15 billion. And at no 130 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 time shall the IFA issue bonds to projects in other states if we're within that two hundred and fifty million dollar of our bonding authority limit.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.
Okay. The -- did the folks at the Finance Authority give you an example of -- or examples of a project or projects that they would like to get involved in, that they haven't been able to get involved in because of this prohibition?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hastings.
Right. Some utilities, for example. Hospitals, another example - there are some -- there are some hospitals in Illinois that operate outside of Illinois. HSHS is an example of a hospital system that operates in Illinois and in Missouri and a couple other states. These bonds -- if they issue a bond for a hospital, they would have a direct effect on Illinois hospitals as well.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter. Thank you. Further discussion? Senator Althoff, for what purpose do you rise?
Thank you, Mr. President. Just to the bill. As the sponsor stated…
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill, Senator Althoff.
Thank you. As the sponsor stated, these are not State moneys. 131 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 This is an entity that goes out, finds investors, pools their money to be utilized to keep jobs here in Illinois. If the money is invested outside the State of Illinois, it allows that entity that is located here within the confines of our borders to use those moneys for projects here in Illinois. I rise in strong support of this legislation and I commend the sponsor for being able to pull all of these pieces together in one large omnibus bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Seeing no further discussion, Senator Hastings, do you wish to close?
I just…
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hastings.
I just urge an Aye vote. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Ladies and Gentlemen, the question is, shall the Senate concur in House Amendments 1 and 3 to Senate Bill 1603. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 48 voting Aye, 8 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendments 1 and 3 to Senate Bill 1603, and the bill is declared passed. Next up on the Calendar should be Senate Bill 1640. President Cullerton. Mr. Secretary, please read the motion.
132 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1640. Signed by Senator John Cullerton.
PRESIDING OFFICER: (SENATOR SULLIVAN) President Cullerton.
Thank you, Mr. President, Members of the Senate. The underlying bill was a recommendation of the National Multiple Sclerosis Society, Greater Illinois Chapter, creating a sixteen- member task force in the Department of Public Health. And this House amendment -- the -- deleted the provision of the bill that required the task force to seek assistance and services from employees of any State, county, municipal department, board, bureau, or agency. So it's viewed as a technical amendment. It's a very good idea to have this task force and I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall the Senate concur in House Amendment 1 to Senate Bill 1640. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment 1 to Senate Bill 1640, and the bill is declared passed. Senator Mulroe, for what purpose do you rise?
Thank you, Mr. President. Point of personal privilege. 133 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
PRESIDING OFFICER: (SENATOR SULLIVAN) State your point, Senator Mulroe.
Thank you, again. I have a special guest with me today, Sheila Minion, that I'd like everyone to give a warm welcome to the Senate.
PRESIDING OFFICER: (SENATOR SULLIVAN) Sheila, welcome to the Illinois Senate. Great to have you here today. Thanks for joining us. Ladies and Gentlemen, let's turn to the top of page 13 of the printed Calendar. Next in the order of business, we have Senate Bill 1718. Senator Silverstein. Mr. Secretary, please read the gentleman's motion.
I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 1718. Signed by Senator Silverstein.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Silverstein.
…you, Mr. President. This is two concurrences. It allows the City of Chicago to issue a license to two Target stores located within a hundred feet of a school. It also exempts Wrigley's -- Field rooftops from prohibition of happy hours.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendments 1 and 2 to Senate Bill 1718. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. 134 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Secretary, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment 1 and 2 to Senate Bill 1718, and the bill is declared passed. Let's go down to the middle of the page. We have Senate Bill 1828. Senator Emil Jones. Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1828. Signed by Senator Jones.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jones.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. As amended, Senate Bill 1828 retains the provisions of the original bill. The amendment adds the National Motor Vehicle Title Information Service to the list of services for which money can be -- Commercially {sic} (Commercial) Driver's License Information System/American Association of Motor Vehicle Administration's {sic}(Administrators) network Trust Fund to be spent. I know of no opposition.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Jones. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall the Senate concur in House Amendments {sic} 1 to Senate Bill 1828. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. 135 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Having received the required constitutional majority, the Senate does concur in House Amendment 1 to Senate Bill 1828, and the bill is declared passed. Senate Bill 1829. Senator Jones. Mr. Secretary, please read the gentleman's motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1829. Signed by Senator Jones.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Jones.
Thank you, Mr. President. Senate Bill 1829, this is our -- our prepaid debit card bill, which we passed out of here a few weeks ago. The amendment puts into the bill which disclosures has to be disclosed on the front of the card. So, I know of no opposition.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall the Senate concur in House Amendment 1 to Senate Bill 1829. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment 1 to Senate Bill 1829, and the bill is declared passed. Senate Bill 1843. Senator Mulroe. Mr. Secretary, please read the bill.
I move to concur with the House in the adoption of their 136 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Amendment No. 1 to Senate Bill 1843. Signed by Senator Mulroe.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Mulroe, on your motion.
Thank you, Mr. President, Members of the Senate. The original bill amended the Juvenile Court Act and clarified how probation fees should be collected when a case is transferred from one jurisdiction to another. This amendment further clarifies and adds that if the transfer case originated in another state and has been transferred to the jurisdiction of an Illinois court for supervision by a probation department, the probation fees may only be imposed if permitted by the Interstate Commission for Juveniles.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall the Senate concur in House Amendment 1 to Senate Bill 1843. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment 1 to Senate Bill 1843, and the bill is declared passed. The bottom of page 13, we have Senate Bill 1852. Senator Connelly. Please -- Mr. Secretary, please read the gentleman's motion to concur.
I move to concur with the House in the adoption of their Amendment No. 2 to Senate Bill 1852. 137 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Signed by Senator Connelly.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Connelly.
Thank you, Mr. President and Members of the Senate. The House amendment makes a small technical change narrowing the scope of the proposed bill. It doesn't change the underlying bill, which passed the Senate unanimously. I know of no opposition. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall the Senate concur in House Amendment 2 to Senate Bill 1852. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment 2 to Senate Bill 1852, and the bill is declared passed. Let's turn the page, to 14. Top of the page, we have Senate Bill 1872. Senator Mulroe. Mr. Secretary, please read the gentleman's motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1872. Signed by Senator Mulroe.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Mulroe.
138 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Thank you, Mr. President. A personal note of thanks for watching my back ever since I got here and all -- all the way through today. And thank you, Members of the Senate. This amendment amends the original bill and adds that the Mental Health Court Treatment Act -- or amends that Act to ensure that judicial circuits with mental health courts are aware that people facing prostitution charges are eligible for the courts and encourages circuit courts to establish specialized services.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall the Senate concur in House Amendment 1 to Senate Bill 1872. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 1 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment 1 to Senate Bill 1872, and the bill is declared passed. Mr. Secretary, let's go down to Senate Bill 1912. Senator Raoul. Mr. Secretary, please read the gentleman's motion.
I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 1912. Signed by Senator Raoul.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Raoul.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Amendments 1 and 2 make the following changes to the prompt 139 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 settlement payment bill: It exempts class -- class action lawsuits from the provisions of the bill; clarifies language in the engrossed bill that exempts the State as a defendant; allows the parties to address the payment of any liens, subrogation interest, or third-party right of recovery -- agreement; extends the timeframe during which a settling defendant must pay all sums due from twenty-one to thirty days after receipt of executed release; clarifies the plaintiff must return an executed release before the thirty-day clock begins to run; and clarifies that written confirmation of a settlement includes all communication by written means.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall the Senate concur in House Amendments 1 and 2 to Senate Bill 1912. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 40 voting Aye, 13 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendments 1 and 2 to Senate Bill 1912, and the bill is declared passed. Next up, we have Senate Bill 1921. Senator Raoul. Mr. Secretary, please read the gentleman's motion to concur.
I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 1921. Signed by Senator Raoul.
PRESIDING OFFICER: (SENATOR SULLIVAN) 140 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Senator Raoul.
House Amendment 1 creates the definition of "earned annuity". It changes the definition of "salary" for the purposes of the Code. Authorizes the Board to have records stored and retrieved by electronic means and these may be treated as original copies and be presented when requested.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendments 1 and 2 to Senate Bill 1921. All those in favor will vote Aye. Opposed, Nay. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 54 voting Aye, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendments 1 and 2 to Senate Bill 1921, and the bill is declared passed. Senate Bill 1923. Senator Raoul. Mr. Secretary, please read the gentleman's motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1923. Signed by Senator Raoul.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Raoul.
Hello, again, Mr. President. House Amendment 1 to Senate Bill 1923 clarifies that a judge's decisions to -- to allow limited inspection of juvenile court records must be made on -- on an 141 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 individual case-by-case basis.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall the Senate concur in House Amendment 1 to Senate Bill 1923. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment 1 to Senate Bill 1923, and the bill is declared passed. Next up, we have Senate Bill 1929. Senator Harris. Out of the record. Senate Bill 1931. Senator Bivins. Mr. Secretary, please read the gentleman's motion. Excuse me, Mr. Secretary, one second. Senator Mulroe, for what purpose do you rise?
Well, thank you, Mr. President and Members of the Senate. Point of personal privilege.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point, Senator Mulroe.
I'd like everyone to join me in welcoming a group of students from Oriole Park, one of the best schools on the northwest side of Chicago, along with one of their teachers, Ann Poland. I'm sure there's other teachers up there as well, but I didn't get your names. So if you can all just give me -- help me welcome them to the Senate.
PRESIDING OFFICER: (SENATOR SULLIVAN) Will our guests rise in the gallery? Welcome to the Illinois 142 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Senate. Great to have the students and the teachers here joining us today. Thanks for being here. Mr. Secretary, Senate Bill 1931. Please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1931. Signed by Senator Bivins.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bivins.
Thank you, Mr. President. House amendment to Senate Bill 1931 is identical to the introduced bill. Makes some technical changes to the membership of the task force and changes to "an" organization, as opposed to a specific organization.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Any discussion? Seeing none, the question is, shall the Senate concur in House Amendment 1 to Senate Bill 1931. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment 1 to Senate Bill 1931, and the bill is declared passed. Let's turn -- let's turn the page to -- the Calendar to page 15. We're still on the Order of Secretary's Desk, Concurrence, Senate Bills. We have Senate Bill 2136. Leader Althoff. Mr. Secretary, please -- read the motion to concur.
143 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 I move to concur with the House in the adoption of their Amendment 1 to Senate Bill 2136. Signed by Senator Althoff.
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Althoff.
Thank you, Mr. President. This is really just a technical cleanup over in the House. The bill specified a retention of records. The amendment now requires a twenty-four-month retention of records. It clarified that a subscriber must be a residential subscriber. And it also references the one year of -- statute of limitations. I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall the Senate concur in House Amendment 1 to Senate Bill 2136. All those in favor will vote Aye. Opposed, Nay. Voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment 1 to Senate Bill 2136, and the bill is declared passed. Next up, we have Senate Bill 2199. Senator Frerichs. Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 2199. Signed by Senator Frerichs.
PRESIDING OFFICER: (SENATOR SULLIVAN) 144 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Senator Frerichs.
Thank you very much, Mr. President. This bill had passed out of here earlier. It was amended in the House to clarify that out- of-state school service personnel licensure candidates must meet the same requirements as in-state school service personnel candidates. Would request a favorable vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Any discussion? The question is, shall the Senate concur in House Amendment 1 to Senate Bill 2199. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment 1 to Senate Bill 2199, and the bill is declared passed. Senate Bill 2233. Senator Raoul. Out of the record. Senate Bill 2234. Senator Frerichs. Mr. Secretary, please read the gentleman's motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 2234. Signed by Senator Frerichs.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Frerichs.
Thank you very much, Mr. President. The House amended the bill that came out of the Senate earlier to make sure that -- well, let me just read: Retains services {sic} (provisions) contained 145 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 in the engrossed bill of {sic} Section 5 of the Riverboat Gambling Act allowing the Gaming Board to retain services of one or more independent testing labs for the examination and testing of gambling machines. Current law only allows the Gaming Board to retain the services of a single testing lab. We had a -- a good debate on this in Executive Committee yesterday. This does not mandate that a contract be terminated. It does not mandate that -- more than one. It allows the Gaming Board the option of hiring more than one.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall the Senate concur in House Amendment 1 to Senate Bill 2234. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 41 voting Aye, 14 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment 1 to Senate Bill 2234, and the bill is declared passed. Senate Bill 2270. Senator Barickman. Mr. Secretary, please read the gentleman's motion.
I move to nonconcur with the House in the adoption of their Amendment No. 1 to Senate Bill 2270. Signed by Senator Barickman.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Barickman.
Mr. President, Members of the Senate, we passed a bill out of 146 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 the Senate that Senator Van Pelt and I worked on, regarding a vehicle seizure bill. The House amended that bill and expanded what we were trying to do. I'd ask for an Aye vote on our nonconcurrence to that.
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, just one second, please. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall the Senate nonconcur in House Amendments -- House Amendment 1 to Senate Bill 2270. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. Having received the required -- having received the required constitutional majority, the Senate does not concur in House Amendment 1 to Senate Bill 2270. The Secretary will so inform the House. Ladies and Gentlemen, towards the bottom of page 15, we have Senate Bill… Towards the bottom of the page, Mr. Secretary, we have Senate Bill 2371. Senator Frerichs. Mr. Secretary, please read the gentleman's motion.
I move to concur with the House in the adoption of their Amendments 1, 2 and 3 to Senate Bill 2371. Signed by Senator Frerichs.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Frerichs.
Thank you very much, Mr. President. The House took several stabs at improving this bill. There are three different amendments 147 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 that have the net effect of changing five words. What they made was Senate Bill 2371 declarative of existing law - should not be construed as a new enactment. The House amendments deleted the reference to "new enactment" so that the provision now reads: "The changes made to this definition by this amendatory Act of the 98th General Assembly are declarative of existing law." This was all done, I think, at the suggestion of some attorneys to make sure that the bill was constitutional. Would request a favorable vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall the Senate concur in House Amendment 1, 2 and 3 to Senate Bill 2371. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 52 voting Aye, 1 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendments 1, 2 and 3 to Senate Bill 2371, and the bill is declared passed. Ladies and Gentlemen, let's turn to the top of page 16 of the printed Calendar, still on the Order of Secretary's Desk, Concurrence, Senate Bills. We have Senate Bill 2380. Leader Radogno. Mr. Secretary, please read the lady's motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 2380. Signed by Senator Radogno.
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Radogno. 148 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
Thank you, Mr. President. The House amendment doesn't change the underlying purpose of this bill, which is to prohibit State grant funds from being used for political purposes, a situation that was brought to light when the Neighborhood Recovery program was used to pay people to walk in parades. What the amendment does is simply change the Section of this statute that is amended in order to accomplish that purpose. So I'd ask for your support.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion on the motion? Any discussion? Seeing none, Ladies and Gentlemen, the question is, shall the Senate concur in House Amendment 1 to Senate Bill 2380. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment 1 to Senate Bill 2380, and the bill is declared passed. Ladies and Gentlemen, with leave of the Body, if you'll turn your Calendar to page 14 - we're still on the Order of Secretary's Desk, Concurrence on Senate Bills - we will go to Senate Bill 1929. Senator Harris. Mr. Secretary, please read the gentleman's motion to concur.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1929. Signed by Senator Harris.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harris. 149 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
Yes, the amendment makes a -- it cleans up a -- a change. It was a -- it was a unintended change that happened due to the bill. So we just wanted to clarify about parking in the automated parking garages with a disability decal. And I'd like to concur.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall the Senate concur in House Amendment 1 to Senate Bill 1929. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 46 voting Aye, 8 voting Nay, 1 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment 1 to Senate Bill 1929, and the bill is declared passed. Ladies and Gentlemen, Senate Calendar -- Supplemental Calendar No. 1 has been printed and distributed. We will go to that order now. On the Order of House Bills 2nd Reading, Senator Althoff, Senate Bill -- excuse me, House Bill 1040. Do you wish to proceed? Mr. Secretary, please read the bill.
House Bill 1040. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Ladies and Gentlemen, we're going to go to the bottom of the Supplemental Calendar No. 1, to the Order of Secretary's Desk, Concurrence, Senate Bills. We have Senate Bill 150 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 -- excuse me, 1221. Senator Martinez. Mr. Secretary, please read the lady's motion.
I move to concur with the House in the adoption of their Amendment 1 to Senate Bill 1221. Signed by Senator Martinez.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Martinez.
Thank you, Mr. President, Members of the Senate. These changes are just a few changes that had to do with the biliteracy seal that I brought forward to the -- to the Floor a few -- last month. The changes that they -- they have made, it provides that they -- the attainment of a seal requires a high level of proficiency "sufficient for meaningful use"; makes a technical correction; and also requires the student to pay for the cost of any testing that they may require. This is a recommendation of ISBE and I'll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall the Senate concur in House Amendment 1 to Senate Bill 1221. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment 1 to Senate Bill 1221, and the bill is declared passed. Next up on Supplemental Calendar 1, we have Senate Bill 151 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 2326. Senator Hutchinson. Senator Hutchinson. Do you wish to proceed? Mr. Secretary, please read the lady's motion.
I move to concur with the House in the adoption of their Amendment 1 to Senate Bill 2326. Signed by Senator Hutchinson.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hutchinson.
Thank you, Mr. President, Members of the Body. Senate Bill 2326 makes several changes to sales and use taxes, and passed the Senate unanimously. The House amendment makes a change to the effective date of the provisions relating to a sales tax exemption on aircraft so that current owners will not be affected. The amended bill received a hundred and eleven votes in the House. This just makes it so that it's prospective, and was agreed to by all parties. I would ask for your support.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you very much. Ladies and Gentlemen, is there any discussion? Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendment 1 to Senate Bill 2326. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment 1 to Senate Bill 2326, and the bill is declared passed. At the bottom of the page on the Supplemental, Ladies and Gentlemen, we have Senate Bill 2350. Senator Jacqueline 152 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Collins. Mr. Secretary, please read the lady's motion.
I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 2350. Signed by Senator Collins.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Collins.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. The bill is the same as what passed committee in the Senate unanimously early in the Session. The House changes, in House Amendment No. 1 and 2, were to catch drafting inconsistencies and to set a hundred-and-fifty-thousand-dollar cap on loans for any one structure, which can be up to fifty units. The cap was originally a hundred -- a hundred thousand. We -- we capped it at one-fifty - a hundred and fifty thousand now.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Ladies and Gentlemen, the question is, shall the Senate concur in House Amendments 1 and 2 to Senate Bill 2350. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, the Senate does concur in House Amendments 1 and 2 to Senate Bill 2350, and the bill is declared passed. Ladies and Gentlemen, again, still on Supplemental Calendar No. 1, which has been distributed, we are going to go to the Order of Secretary's Desk, Resolutions. Senate Resolution 153 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 337. Senator Link. Out of the record. Senate Resolution 338. Senator Koehler. Mr. Secretary, please read the resolution.
Senate Resolution 338, offered by Senator Koehler.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler.
Thank you, Mr. President, Members of the Senate. This resolution recognizes the enormous task Illinois faces in implementing the Affordable Care Act and in providing health care to the State's uninsured and current Medicaid population. Therefore, what this resolution does is it sets up a Senate (Advisory) Committee on Healthcare and it's created to produce recommendations on implementation of the ACA care coordination plans, the implementation of the -- the SMART Act, reimbursement methodologies, and maximization of federal funding. The committee should be comprised of six members, three appointed by the Senate President and three by the Senate Minority Leader, and to be supported by the Department of Healthcare and Family Services and Department of Insurance and legislative staff. I'd be happy to answer any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you very much. Is there any discussion? Is there any discussion on the resolution? Seeing none, as this resolution requires the expenditure of State funds, a roll call vote will be required. Mr. Secretary, the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 54 voting Aye, 0 voting Nay, 1 voting Present. Having received the required 154 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 constitutional majority, the resolution is declared adopted. Mr. Secretary, with leave of the Body, let's go back to Senate Resolution 337. It's up on the board. Senator Link, do you wish to proceed? Mr. Secretary, please read the resolution.
Senate Resolution 337, offered by Senator Link.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator -- Leader Link.
Thank you, Mr. President. Senate Joint -- Senate Resolution 337 urges Law Enforcement Training and -- Standards Board to convene a Task Force on Alcoholic {sic} (Alcohol) Impairment, which will be presented to the Board -- recommendation for alcoholic impairment model policy for police agencies in the State of Illinois. The task -- Task Force on Alcohol Implementation {sic} will convene one month after the adoption of this resolution.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion on the resolution? Is there any discussion on the resolution? Seeing none, question is, shall Senate Resolution 336 -- 337 pass. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Next up on the Calendar -- we're going to go back to where we left off. Senator Althoff, for what purpose do you rise?
Thank you, Mr. President. I apologize, but if -- can the record reflect that on Senate Resolution 338, I would have been an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) The record will so indicate your intent. Mr. Secretary, we 155 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 should be on House Joint Resolution 33. Leader Lightford. Out - - you wish to proceed? Mr. Secretary, please read resolution.
House Joint Resolution 33, offered by Senator Lightford.
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Lightford.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Joint Resolution 33 is an initiative of the Lieutenant Governor, and it is a product of her work on the College Choice Report Card {sic} (Reports) Act from last Session. She's encouraging our school districts to -- create College Scorecard, excuse me, that will be intended to be used by prospective students and their families in order to be better informed when making decisions about colleges and career choices. I'd be happy to answer any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion on the resolution? Is there any discussion? Seeing none, the question is, shall House Joint Resolution 33 pass. All those in favor will vote Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Next up, we have House Joint Resolution 36. Senator Steans. Mr. Secretary, please read the resolution.
House Joint Resolution 36, offered by Senator Steans.
PRESIDING OFFICER: (SENATOR SULLIVAN) Mr. Secretary, please take House Joint Resolution 36 out of the record. Next up, we have House Joint Resolution 37. Senator Righter. Mr. Secretary, please read the gentleman's resolution. 156 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
House Joint Resolution 37, offered by Senator Righter.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.
Thank you, Mr. President, Ladies and Gentlemen of the Chamber. House Joint Resolution 37 would name a portion of Illinois State Route 50 through downtown Lawrenceville and to the Indiana line after a constituent of mine, Specialist Trevor Pinnick, who gave his life in service to our nation in Afghanistan a year ago, last June, when he was but twenty years old. Specialist Pinnick leaves behind a wife, Melody, and a daughter -- I'm sorry, his wife, Martha, and daughter, Melody Renee. I'd be happy to answer any questions and appreciate an Aye vote on the resolution, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion on the resolution? Is there any discussion? Seeing none, as this resolution requires the expenditure of State funds, a roll call vote will be required. The question is, shall House Joint Resolution 37 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, is declared adopted. Ladies and Gentlemen, if you'll turn to page 8 of the printed Calendar, towards the bottom of the page, we are on the Order of House Bills 2nd Reading. Page 8. House Bills 2nd Reading. We have House Bill 530. Senator Martinez. Mr. Secretary, please read the bill. 157 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
House Bill 530. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now, Ladies and Gentlemen and Mr. Secretary, if you'll turn to page 9, still on the Order of House Bills 2nd Reading, we have House Bill 2776. Senator Noland. Mr. Secretary, please read the bill.
House Bill 2776. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Ladies and Gentlemen, still on the regular Calendar, page 9. Regular Calendar, in the middle of the page, towards the bottom, we have on -- the Order of Secretary's Desk, Resolutions. With leave of the Body, let's go to Senate Resolution 217. It's up on the board. Senator Biss. Senator Biss. Out of the record. Senate Resolution 236. Senator Murphy. Senate Resolution 236. Mr. Secretary, please read the resolution.
Senate Resolution 236, offered by Senator Murphy.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Murphy.
Thank you, Mr. Chairman {sic}. Senate Resolution 236 158 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 designates May -- November of 2013 as Lung Cancer Awareness Month.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Any discussion? Seeing none, Ladies and Gentlemen, the question is, shall the Senate -- shall Senate Resolution 236 be adopted. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Next up, Senate Resolution 243. Senator Delgado. Mr. Secretary, please read the resolution.
Senate Resolution 243, offered by Senator Delgado.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Delgado, on Senate Resolution 243.
Thank you, Mr. President, Members of the Senate. Senate Committee Amendment No. 1 amends the resolution by replacing everything after the heading and urging -- and urges the State Board of Education to encourage school districts to re-evaluate the role of financial literacy. The resolution further urges ISBE to create an online clearinghouse that offers resources on financial literacy to teachers and students. And I would ask for your indulgence on this.
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, give us just one second. Want to double-check something. Mr. Secretary, would you take Senate Resolution 243 out of the record? We'll come back to it later. Mr. Secretary, next up on the Calendar - again, we're on the Order of Secretary's Desk, Resolutions, on page 9, towards the bottom of the page - we have Senate Resolution 257. 257. Senator Frerichs. We're on the Order of Resolutions. Senate Resolution 257. Mr. 159 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Secretary, out of the record. Let's go to Senate Resolution 298. Leader Trotter. Out of the record, Mr. Secretary. Senate Resolution 301. Senator Delgado. Mr. Secretary, please read the gentleman's resolution.
Senate Resolution 301, offered by Senator Delgado.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Delgado.
Thank you, Mr. President. Now that's the ticket. Senate Resolution 301 endorses the use of the Illinois Snapshot of Early Literacy, ISEL, in Illinois schools, as developed by ISBE. It further encourages ISBE to release ISEL to, and its adoption by, the Partnership for Assessment of Readiness for College and Careers, PARCC, and its participating states as a template for testing K-2 reading comprehension through the development of a comprehensive K-12 assessment program. And I'm available for any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion on the resolution? Any discussion? Seeing none, Ladies and Gentlemen, the question is, shall Senate Resolution 301 pass. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. At the bottom of page 9 on the Order of Secretary's Desk, Resolutions, we have Senate Resolution 309. Senator Oberweis. Mr. Secretary, please read the gentleman's resolution.
Senate Resolution 309, offered by Senator Oberweis.
PRESIDING OFFICER: (SENATOR SULLIVAN) 160 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Senator Oberweis.
Thank you, Mr. President. Unfortunately, Senator Murphy -- Senators Murphy and Sandoval had demonstrated a certain physical activity challenge and it is the purpose of this resolution to challenge the House to a chess match to demonstrate the Senate's intellectual superiority over the House.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Senator Frerichs, for what purpose do you rise?
A question of the sponsor.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield for a question. Senator Frerichs.
How many jobs does this resolution create in the State of Illinois?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Oberweis.
No cost. No jobs. However, it might help to add to the educational advantage of some of the students in Illinois.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Frerichs.
So it creates no jobs. We're spending time here, with two days left in the Session, to pass a resolution calling us to take time away from our jobs. Does this solve our pension problem in any way? 161 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Oberweis.
Clearly not. It's highly unimportant in relation to those things.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Frerichs.
How much time do you anticipate devoting towards playing games, rather than doing the -- the will of the people of the State of Illinois?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Oberweis.
In view of the fact that it's this late in the Session, Senator, I doubt that it will even be carried out this year.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Frerichs.
Since the sponsor doubts it'll even be carried out this year, I don't know why we're wasting any time on this bill -- on this resolution. I think we have greater issues to face in the State of Illinois. I would encourage a No vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Morrison, for what purpose do you rise?
Would the sponsor yield to a question, please?
PRESIDING OFFICER: (SENATOR SULLIVAN) 162 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Indicates he will yield for a question. Senator Morrison.
Senator Oberweis, will this be a precedent-setting resolution? Is this the normal discourse of the Senate to have resolutions in this manner?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Oberweis.
I'm not sure I understand the question.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Morrison, if you'd repeat the question, please. Senator Morrison.
Will this be precedent-setting in that the Senate is challenging the House through a resolution to a game? I don't think we do this with softball or any other extracurriculars, and I'm wondering we're doing this on May 30th.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Oberweis.
Senator, it's only May 30th because it's been kicked around since the softball game, where we were looking for a chance to get retribution with the House and show our intellectual superiority to the House.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Morrison.
Mr. President, I would request a roll call on this vote, please. 163 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? A roll call has been requested. Senator Biss, for what purpose do you rise?
Question of the sponsor, please.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield for a question. Senator Biss.
Senator, are you familiar with the incident involving Senator Murphy and the House/Senate softball game?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Oberweis.
Yes, Senator, I am, and I doubt that anyone would get physically injured in a chess match.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Biss.
Well, I appreciate that, though certainly the history of chess is replete with a series of more psychological illnesses that have befallen participants in competitive chess. I ask because the Members on this side of the aisle might have been relieved to be without some of Senator Murphy's commentary for a few days. But as a matter of statistics, is it not the case that there are forty Democrats and nineteen Republicans in the Illinois Senate?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Oberweis.
Yes. 164 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Biss.
And -- and is it not therefore the case that it stands to reason that if, in such a chess tournament, someone were to be injured and were to be unable to carry out their Senate duties, there's a forty out of fifty-nine chance that that would be a Member of the Democratic Caucus?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Biss -- or, excuse me, Senator Oberweis.
Yes. And I'd like to remind the Senator, this is not my first bill - second.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Biss.
To -- to the resolution. I think we've learned that this is a resolution that stands a very substantial chance of harming the Senate Democratic Caucus' ability to have a full complement of Members here to carry out our agenda on behalf of the people of Illinois, and therefore I would urge all Members on this side of the aisle to vote No.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Senator Morrison, for the second time. For what purpose do you rise?
Mr. President, I would respectfully request that we -- that my request for a roll call be rescinded.
PRESIDING OFFICER: (SENATOR SULLIVAN) 165 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Senator Morrison requests that the roll call has been -- to rescind and, with that, motion is in order. Senator Silverstein, for what purpose do you rise?
A question of the sponsor.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Silverstein.
Senator Oberweis, will there be ice cream served?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Oberweis.
Senator, would you like there to be ice cream served?
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Silverstein.
Since you serve kosher ice cream, the answer would be yes.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Frerichs, for the second time. What purpose do you rise?
Question of the sponsor.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield for a question. Senator Frerichs.
As the sponsor pointed out, this isn't your first bill. I think we've wasted a lot of time that we could spend actually solving the problems of the State, of people of Illinois. I think you'd do us all a favor if you'd just agree to pull this from the 166 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 record.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Oberweis.
To finally answer Senator Silverstein's question, depending on when the match is held, we would provide ice cream if that is reasonably feasible.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Frerichs.
I think I -- I asked a question. Would you do this Body a favor and just pull this resolution from the -- from the record?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Oberweis.
Senator, I would like to ask for the vote, and if you wish to vote it down, so be it.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Frerichs.
Well, then to the resolution: I -- I would request a roll call. No? No. Okay. All right. Done.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Harmon, for what purpose do you rise?
Thank you, Mr. President. A question for the sponsor, if he will yield.
PRESIDING OFFICER: (SENATOR SULLIVAN) 167 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Indicates he will yield for a question. Senator Harmon.
Thank you, Mr. President. Senator, in the lore of the Capitol, Speaker Madigan is often referred to as a master chess player. For the record, can you beat Speaker Madigan at a game of chess?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Oberweis.
Yes.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Kotowski, for what purpose do you rise?
Thank you. With -- appreciate it, Mr. President and Ladies and Gentlemen of the Senate, and with great respect to the sponsor of the bill -- of the resolution. I have a staff analysis here. I don't know if it's right or wrong, but it says it's going to cost us seven billion dollars to taxpayers.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Oberweis.
I believe your staff analysis is about seven billion dollars wrong in this, as it perhaps has been in some other instances.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Kotowski.
I don't have that staff analysis you're referring to. But I also have -- there's language that I see embedded in this 168 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 resolution that says you are, in fact, in support of the sixty- seven percent tax increase.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Oberweis.
Clearly, your analysis is very, very wrong.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Kotowski.
I -- I guess I'm confused. This -- this isn't -- I haven't really spoken to that many resolutions on the Floor before, but I will not support a resolution that's advocating for an additional sixty-seven percent tax increase. You know, this -- any kind of job-killing initiatives that are coming from that side, I have big difficulty with. And I can't, in good conscience, support something that it's going to cost taxpayers seven billion dollars to put on a chess tournament. I mean, seven billion dollars is a colossal waste of money. I've been here. We're trying to support education. We're trying to support programs that make a difference in people's lives. But seven billion dollars for chess - it's not a good use of money.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Jacobs, for what purpose do you rise?
I rise in strong support of the Senator's motion - 'cause I feel sort of sorry for him.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Oberweis, to close. 169 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
I believe Senator Jacobs will get the ice cream. Senator Kotowski probably won't, because his ice cream would cost over seven billion dollars. I urge a -- a Yes vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, the question is, shall Senate Resolution 309 pass. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Up on the board, Ladies and Gentlemen, is Senate Resolution 326. Senator Hastings. Mr. Secretary, please read the resolution.
Senate Resolution 326, offered by Senator Hastings.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hastings.
Thank you, Mr. President. Senate Resolution 326 designates May 2013 and May 2014 as AED and CPR Education Awareness Month. This is in honor of Colleen O'Sullivan, who had sudden cardiac arrest and who had passed away. The AED was first used on a fourteen-year-old patient in 1947. And the American Heart Association formally approved CPR as a lifesaving strategy in 1963. And because of Colleen Sullivan {sic} and her family and their extensive work on this, we now have AEDs in schools and parks, golf courses, and all throughout our State. And we thank them, 'cause they save many, many lives. I just ask for this adoption of the resolution.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion on the resolution? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes 170 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 have it, and the resolution's adopted. Next up, we have Senate Joint Resolution 35. Senator Althoff. Mr. Secretary, please read the resolution.
Senate Joint Resolution 35, offered by Senator Althoff.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Althoff, to explain your resolution.
Thank you very much, Mr. President. Senate Joint Resolution 35 establishes the Homeless Veteran Protection Task Force. And it resolves that the Task Force shall undergo a comprehensive study with the goal of determining necessary protections and oversights of homeless shelters to better protect the rights of homeless veterans. We've discovered with the Discharged Serviceman's {sic} (Servicemember) Task Force that many entities use the name "veterans" in their title, and they have absolutely no affiliation or association with either a State or a federal veterans program. We wanted to research this a little bit better and know how we can protect our homeless vets.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion on the resolution? Senator Hastings, for what purpose do you rise?
Just to the -- to the resolution. I just want to say thank you to the sponsor. Veterans come back from overseas every day and some of 'em aren't right. They have different issues. And I just want to say thanks to Senator Althoff for all of her work towards veterans that come back, ‘cause they do get preyed on. And I'm a proud cosponsor and I just want to say thank you. 171 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any further discussion? The question is -- excuse me, this -- as this resolution requires the expenditure of State funds, a roll call vote will be required. The question is, shall Senate -- Senate Joint Resolution 35 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. Having received the required constitutional majority, Senate Joint Resolution 35 is declared passed. House Joint Resolution 3. Senator Frerichs. Mr. Secretary, please read the resolution.
House Joint Resolution 3, offered by Senator Frerichs.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Frerichs.
Thank you very much, Mr. President. House Joint Resolution 3 resolves that Illinois Route 136 be designated as the Illinois Korean War Medal of Honor Highway in honor of the sacrifices made by William G. Windrich, James Poynter, Lester Hammond, John Kilmer, Louis Sebille, William Dean, Edward Krzyzowski, and Richard Wilson. This is supported by the VFW.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, as this resolution requires the expenditure of State funds, a roll call vote will be required. The question is, shall House Joint Resolution 3 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have 172 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. House Joint Resolution 3, having received the required constitutional majority, is declared passed. House Joint Resolution 5. Senator Haine. Mr. Secretary, please read the resolution.
House Joint Resolution 5, offered by Senator Haine.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine, on your resolution.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This resolution merely encourages school {sic} or school officials in Illinois to promote, during one week each year, physical fitness. Organized sports could be one of them - wrestling, football, basketball, soccer, any physical fitness or exercise for the health and well-being of our children. It is my intent that this specifically exclude chess. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion on the resolution? Seeing none, all those in favor -- the question is, shall House Joint Resolution 5 pass. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Next up, we have House Joint Resolution 24. Leader Clayborne. Out of the record. House Joint Resolution 27. Senator Frerichs. Mr. Secretary, please read the resolution.
House Joint Resolution 27, offered by Senator Frerichs.
PRESIDING OFFICER: (SENATOR SULLIVAN) 173 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Senator Frerichs.
…very much -- thank you very much, Mr. President. HJR 27 creates the Teacher Recruiting and Retention Task Force. The Task Force shall study the impact of Tier 2 pension benefits on teacher recruitment/retention by school districts. The Task Force -- Task Force will consist of ten members, two appointed by each Legislative Leader, as well as the Governor. The State Board of Education shall provide necessary support.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? As this resolution requires the expenditure of State funds, a roll call vote will be required. Ladies and Gentlemen, the question is, shall House Joint Resolution 27 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. House Joint Resolution 27, having received the required constitutional majority, is declared passed. Mr. Secretary, Ladies and Gentlemen, if you'll turn back to page 9, still on the Order of Secretary's Desk, Resolutions. Let's go to Senate Resolution 257. Senator Frerichs. Mr. Secretary, please read the resolution.
Senate Resolution 257, offered by Senator Frerichs.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Frerichs.
Thank you very much, Mr. President. Thank you for coming 174 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 back to this. This is my last resolution today. This resolution urges the U.S. Congress to develop the 2013 Farm Bill with a strong Title IV to ensure the access of nutrition programs to citizens suffering from food insecurity.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall Senate Resolution 257 pass. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senator Connelly, for what purpose do you rise?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point, Senator Connelly.
As we come to the end of Session, it's kind of dead time, quiet time; my Irish guilt would run over if I didn't thank the Senate Republican and Democratic staffs for all the hard work they do for us, particularly the committees I was on. They're working day and night. They're helping us get amendments filed and all that. And maybe we ought to spend a few minutes just giving them a -- a warm thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, let's show our appreciation to all the outstanding staff on both sides of the aisle for the great job that they have done. We really appreciate what they do and all their support. Thank you very much. Ladies and Gentlemen, the Senate will stand at ease just for a minute or two to allow for some paperwork to catch up. (at ease) Senate will come to order. 175 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 To fulfill our responsibilities under Article V, Section 9 of the Constitution, we will now proceed to the Order of Advise and Consent. Senator Muñoz. SENATOR MUÑOZ: Mr. President, I move that the Senate resolve itself into Executive Session for the purpose of acting on appointments set forth in Appointment Messages 42, 43, 44, 45, 91, 93, 94, 125, 126, 135, 137, 139, 142, 143, 144, 169, 172, 177, 178, 179, 181, 182, 183, 184, 187, 190, 192, 199, 203, 217, 218, 219 and 220.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Muñoz moves that the Senate resolve itself into Executive Session for the purpose of acting on the Appointment Messages just read. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the motion carries. The Senate is -- is resolved into Executive Session. Toward the middle of page 16 of the printed Calendar is the Order of Executive Appointments - Appointment Messages. Mr. Secretary, Appointment Message 42.
Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following appointment: To be the -- Member of the State Board of Education, James Baumann.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Muñoz. SENATOR MUÑOZ: Mr. President, I move that the Senate advise and consent to the appointment just read.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, the question is, does 176 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 the Senate advise and consent to the Appointment Message just read. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 54 voting Aye, 0 voting Nay, 1 voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointment just read. Mr. Secretary, Appointment Message 43.
Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following appointment: To be the -- Member of the State Board of Education, Steven Gilford.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Muñoz. SENATOR MUÑOZ: Mr. President, I move that the Senate advise and consent to the appointment just read.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the Appointment Message just read. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 1 voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and -- and consent to the appointment just read. Mr. Secretary, Appointment Message 44.
177 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following appointment: To -- to be a Member State Board of Education, Melinda LaBarre.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Muñoz. SENATOR MUÑOZ: Mr. President, I move that the Senate advise and consent to the appointment just read.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the Appointment Message just read. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointment just read. Mr. Secretary, Appointment Message 45.
Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following appointment: To be a Member of the State Board of Education, Curtis Bradshaw.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Muñoz. SENATOR MUÑOZ: Mr. President, I move that the Senate advise and consent to the appointment just read. 178 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Ladies and Gentlemen, the question is, does the Senate advise and consent to the Appointment Message just read. All those in favor will say -- vote -- will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the Appointment Message just read. Mr. Secretary, Appointment Message 94.
Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following salaried appointment: To be the Chief Factory Inspector of the Department of Labor, Greg Bradshaw. PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Muñoz. SENATOR MUÑOZ: Mr. President, I move that the Senate advise and consent to the appointment just read.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the Appointment Message just read. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. A majority of the Senators elected concurring 179 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 by record vote, the Senate does advise and consent to the appointment just read. Mr. Secretary, Appointment Message 125.
Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following salaried appointment: To be the Director of the Illinois Department of Employment Security, Jay Rowell.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Muñoz. SENATOR MUÑOZ: Mr. President, I move that the Senate advise and consent to the appointment just read.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the Appointment Message just read. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 53 voting Aye, 2 voting Nay, 0 voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointment just read. Mr. Secretary, Appointment Message 126.
Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following salaried appointment: To be the Director of the Illinois Environmental Protection Agency, Lisa Bonnett.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Muñoz. 180 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 SENATOR MUÑOZ: Mr. President, I move that the Senate advise and consent to the appointment just read.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the Appointment Message just read. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointment just read. Senator Kotowski, for what purpose do you rise?
…you -- thank you for acknowledging me, Mr. President. I would like to be recorded as voting Aye on the appointment for the Department of Employment Services {sic} (Security).
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Kotowski, what Appointment Message was that? Was that 125? Correct? That was Appointment Message 125. The record will so indicate your intent. And I apologize I missed your light at that -- at that appropriate time. Mr. Secretary, Appointment Message 135.
Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following salaried appointment: To be the Director of the Illinois Department of Insurance, Andrew Boron.
PRESIDING OFFICER: (SENATOR SULLIVAN) 181 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Senator Muñoz. SENATOR MUÑOZ: Mr. President, I move that the Senate advise and consent to the appointment just read.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the Appointment Message just read. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 1 voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the Appointment Message just read. Mr. Secretary, Appointment Message 137.
Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following salaried appointment: To be the Director of the Illinois Department of Labor, Joseph Costigan.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Muñoz. SENATOR MUÑOZ: Mr. President, I move that the Senate advise and consent to the appointment just read.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the Appointment Message just read. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have 182 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 all voted who wish? Mr. Secretary, take the record. On that question, there are 54 voting Aye, 0 voting Nay, 1 voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the Appointment Message just read. Mr. Secretary, Appointment Message 139.
Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following salaried appointment: To be the Director of the Illinois Department of Natural Resources, Marc Miller.
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Muñoz. SENATOR MUÑOZ: Mr. President, I move that the Senate advise and consent to the appointment just read.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the Appointment Message just read. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the Appointment Message just read. Mr. Secretary, Appointment Message 142.
Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following salaried appointment: To be the State Fire Marshal, Lawrence 183 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Matkaitis.
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Muñoz. SENATOR MUÑOZ: Mr. President, I move that the Senate advise and consent to the appointment just read.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the Appointment Message just read. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointment just read. Mr. Secretary, Appointment Message 143.
Mr. President, the Committee on Executive Appointments recommends the Senate do advise and consent to the following salaried appointment: To be the Director of the Illinois State Police, Hiram Grau.
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Muñoz. SENATOR MUÑOZ: Mr. President, I move that the Senate advise and consent to the appointment just read.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the Appointment Message just read. 184 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 54 voting Aye, 0 voting Nay, 0 voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointment just read. Mr. Secretary, Appointment Message 144.
Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following salaried appointment: To be the Secretary of the Illinois Department of Transportation, Ann L. Schneider.
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Muñoz. SENATOR MUÑOZ: Mr. President, I move that the Senate advise and consent to the appointment just read.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the Appointment Message just read. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 51 voting Aye, 1 voting Nay, 0 voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointment just read. Mr. Secretary, Appointment Message 169.
Mr. President, the Committee on Executive Appointments 185 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 recommends that the Senate do advise and consent to the following salaried appointment: To be the Executive Inspector General of the Office of the Executive Inspector General for the Treasurer, David L. Wells.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Muñoz. SENATOR MUÑOZ: Mr. President, I move that the Senate advise and consent to the appointment just read.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? The question is, does the Senate advise and consent to the Appointment Message just read. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointment just read. Mr. Secretary, Appointment Message 181.
Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following salaried appointment: To be a Member of the State Board of Elections, Charles Scholz.
PRESIDING OFFICER: (SENATOR SULLIVAN) Mr. -- Senator Muñoz. SENATOR MUÑOZ: Mr. President, I move that the Senate advise and consent to the appointment just read. 186 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the Appointment Message just read. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 1 voting Nay, 1 voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the Appointment Message just read. Mr. Secretary, Appointment Message 182.
Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following salaried appointment: To be a Member of the State Board of Elections, Betty J. Coffrin.
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Muñoz. SENATOR MUÑOZ: Mr. President, I move that the Senate advise and consent to the appointment just read.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the Appointment Message just read. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 1 voting Nay, 0 voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the Appointment Message read. 187 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Mr. Secretary, Appointment Message 183.
Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following salaried appointment: To be a Member of the State Board of Elections, Ernest L. Gowen.
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Muñoz. SENATOR MUÑOZ: Mr. President, I move that the Senate advise and consent to the appointment just read.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the Appointment Message just read. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 54 voting Aye, 1 voting Nay, 1 voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointment just read. Mr. Secretary, Appointment Message 184.
Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following salaried appointment: To be a Member of the State Board of Elections, Casandra Watson.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Muñoz. SENATOR MUÑOZ: 188 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Mr. President, I move that the Senate advise and consent to the appointment just read.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the Appointment Message just read. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 1 voting Nay, 1 voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointment just read. Mr. Secretary, Appointment Message 190.
Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following salaried appointment: To be the Executive Inspector General of the Office of the Executive Inspector General for the Comptroller, Michael J. Drake.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Muñoz. SENATOR MUÑOZ: Mr. President, I move that the Senate advise and consent to the appointment just read.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, the question is, does the -- does the Senate advise and consent to the Appointment Message just read. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the 189 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointment just read. Mr. Secretary, Appointment Message 192.
Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following salaried appointment: To be the Executive Inspector General of the Office of the Executive Inspector General for the Secretary of State, Nathan Maddox.
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Muñoz. SENATOR MUÑOZ: Mr. President, I move that the Senate advise and consent to the appointment just read.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the Appointment Message just read. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointment just read. Mr. Secretary, Appointment Message 203.
Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following salaried appointment: To be the Executive Inspector General of 190 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 the Office of the -- Executive Inspector General for the Attorney General, Diane L. Saltoun.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Muñoz. SENATOR MUÑOZ: Mr. President, I move that the Senate advise and consent to the appointment just read.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the Appointment Message just read. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 1 voting Present. A majority of the Senators elected having concurred by record vote, the Senate does advise and consent to the appointment just read. Mr. President {sic}, Appointment Message 91.
Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following appointment: To be a Member of the Western Illinois University Board, Yvonne Savala.
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Muñoz. SENATOR MUÑOZ: Mr. President, I move that the Senate advise and consent to the appointment just read.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator McConnaughay, your light's 191 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 on, but… Okay. Seeing none, Ladies and Gentlemen, the question is, does the Senate advise and consent to the Appointment Message just read. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all -- have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointment just read. Mr. Secretary, Appointment Message 93.
Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following appointment: To be a Member of the Western Illinois University Board, Carolyn Ehlert Fuller.
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Muñoz. SENATOR MUÑOZ: Mr. President, I move that the Senate advise and consent to the appointment just read.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the Appointment Message just read. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointment just read. Mr. Secretary, Appointment Message 172. 192 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following appointment: To be a Member of the Illinois State University Board, Rocco Donahue.
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Muñoz. SENATOR MUÑOZ: Mr. President, I move that the Senate advise and consent to the appointment just read.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the Appointment Message just read. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. A majority of the Senators elected having concurred by a record vote, the Senate does advise and consent to the appointment just read. Appointment Message 177, Mr. Secretary.
Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following appointment: To be a Member of the Northeastern Illinois University Board, Robert Biggins. PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Muñoz. SENATOR MUÑOZ: Mr. President, I move that the Senate advise and consent to 193 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 the appointment just read.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the Appointment Message just read. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointment just read. Mr. Secretary, Appointment Message 178.
Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following appointment: To be a Member of the Northeastern Illinois University Board, Barbara Fumo. PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Muñoz. SENATOR MUÑOZ: Mr. President, I move that the Senate advise and consent to the appointment just read.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the Appointment Message just read. 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? Mr. Secretary, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. A majority of the Senators elected concurring by record vote, the Senate does 194 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 advise and consent to the appointment just read. Appointment Message, Mr. Secretary, 179.
Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following appointment: To be a Member of the Northeastern Illinois University Board, Marvin Garcia.
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Muñoz. SENATOR MUÑOZ: Mr. President, I move that the Senate advise and consent to the appointment just read.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the Appointment Message just read. 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? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointment just read. Mr. Secretary, Appointment Message 187.
Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following appointment: To be a Member of the Illinois State University Board, Robert Churney.
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Muñoz. 195 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 SENATOR MUÑOZ: Mr. President, I move that the Senate advise and consent to the appointment just read.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, the question is, shall the -- does the Senate advise and consent to the Appointment Message just read. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary -- would you please vote the Presiding Officer? On that -- on that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointment just read. Mr. Secretary, Appointment Message 199.
Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following appointment: To be a Member of the Eastern Illinois University Board of Trustees, Robert {sic} (Roger) Kratochvil.
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Muñoz. SENATOR MUÑOZ: Mr. President, I move that the Senate advise and consent to the appointment just read.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the Appointment Message just read. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have 196 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the Appointment Message just read. Mr. Secretary, Appointment Message 217.
Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following appointment: To be a Member of the Eastern Illinois University Board of Trustees, Janice Gilchrist.
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Muñoz. SENATOR MUÑOZ: Mr. President, I move that the Senate advise and consent to the appointment just read.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the Appointment Message just read. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointment just read. Mr. Secretary, Appointment Message 218.
Mr. President, the Committee on Executive Appointments recommends that the Senate do advice and consent to the following appointment: To be a Member of the Southern Illinois University 197 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Board of Trustees, Shirley Portwood.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Muñoz. SENATOR MUÑOZ: Mr. President, I move that the Senate advise and consent to the appointment just read.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the Appointment Message just read. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointment just read. Mr. Secretary, Appointment Message 219.
Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following appointment: To be a Member of the Southern Illinois University Board of Trustees, Randal E. Thomas.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Muñoz. SENATOR MUÑOZ: Mr. President, I move that the Senate advise and consent to the appointment just read.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the Appointment Message just read. 198 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointment just read. Mr. Secretary, Appointment Message 220.
Mr. President, the Committee on Executive Appointments recommends that the Senate do advise and consent to the following appointment: To be a Member of the Board of Trustees of Northeastern Illinois University, Dr. Darlene Ruscitti.
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Muñoz. SENATOR MUÑOZ: Mr. President, I move that the Senate advise and consent to the appointment just read.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the Appointment Message just read. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. A majority of the Senators elected concurring by record vote, the Senate does advise and consent to the appointment just read. Mr. Secretary -- Senator Muñoz. SENATOR MUÑOZ: Thank you, Mr. President. I move that the Senate arise from 199 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Executive Session.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Muñoz. Senator Muñoz moves that the Senate arise from Executive Session. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the motion carries. The Senate has arisen from Executive Session. Senator Haine, for what purpose do you rise?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point, Senator Haine.
I just want to tell you that you haven't moved to the warp speed of Senator Rickey Hendon, but you're up there near him. I congratulate you on performing this yeoman function for the Senate.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Haine. Thank you very much. I'll never reach Rickey Hendon level, but I'll work at it. Ladies and Gentlemen, the Senate will stand at ease for a few minutes to allow the Committee on Assignments to meet. Will all members of the Committee on Assignments please come to the President's Anteroom immediately? All members of the Committee on Assignments to the Anteroom. Senate will stand at ease. (at ease) Senator Murphy, for what purpose do you rise?
Purpose of an announcement, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Murphy, please state your announcement.
200 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 I see that the President is back in the Chamber and he's -- he's very busy this time of year and he might not have realized that the Cubs beat the White Sox yet again today - third time. I don't know if it's embarrassing to have -- to give up a -- a grand slam to the pitcher, but if it is, the Sox sit red-faced today.
PRESIDING OFFICER: (SENATOR SULLIVAN) President indicated -- Senator Murphy, the President indicated something about he was glad you didn't have a broom in your hand. Mr. President {sic}, Senate Bills… (at ease) Senate will come to order. Mr. Secretary, Committee Reports.
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 1587; refer to Executive Committee - Motion to Concur on House Amendment 1 to Senate Bill 105, Motion to Concur on House Amendment 1 to Senate Bill 1042, Motion to Concur on House Amendment 4 to Senate Bill 1674, Motion to Concur on House Amendment 1 and 3 to Senate Bill 1; refer to Licensed Activities and Pensions Committee - Motion to Concur on House Amendment 2 to Senate Bill 92, Motion to Concur on House Amendment 1 to Senate Bill 1366; refer to State Government and Veterans Affairs Committee - Motion to Concur on House Amendment 1 to Senate Bill 2106; re-refer from Financial Institutions Committee to Executive Committee - Motion to Concur on House Amendment 1 and 2 to Senate Bill 56; re-refer from Judiciary Committee to Criminal Law Committee - Motion to Concur on House Amendment 1 to Senate Bill 1330; Be Approved for Consideration - Senate Bill 740, Floor Amendment 3 to House Bill 1040, House Bill 1441, Floor Amendment 201 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 3 to Senate Resolution 70, and Motion to Recede from Senate Amendment 1 to House Bill 3272. Signed, Senator James F. Clayborne, Chairman.
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, if I can have your attention for an announcement. The following committees will be meeting this evening to take up concurrence motions: Executive will meet in Room 212 at 6 p.m.; Licensed Activities and Pensions will meet in Room 400 at 6 p.m.; State Government and Veterans Affairs will meet in Room 409 at 6 p.m.; and Criminal Law will meet in Room 409 at 6:30. Once again - Exec, 6 p.m.; Licensed Activities and Pensions, 6 p.m.; State Government and Veterans Affairs, 6 p.m.; Criminal Law in Room 409 at 6:30 p.m. Senator Rose, for what purpose do you rise?
Just -- if we're going to be late, will you bring a -- I don't know, maybe a cloth or a blanket or something in? I -- I can barely see the people. I know I've got too much House Member in me, but in the House, we had like a blast shield that would come down, where we could actually see people on the other side of the aisle. You know what I mean? And I like to see Mike Frerichs from time to time. I -- I can't see him right now.
PRESIDING OFFICER: (SENATOR SULLIVAN) Mr. Secretary, Senate Bills 1st Reading.
Senate Bill 2588, offered by Senator Sandoval. (Secretary reads title of bill) 1st Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) 202 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Senator Silverstein, for what purpose do you rise?
Point of an announcement, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please make your announcement, Senator Silverstein.
Announcing a Democratic Caucus immediately upon recess in the President's -- room, for about one hour.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Senator Althoff, for what purpose do you rise?
Thank you, Mr. President. The Senate Republicans would also like to caucus for about an hour in Room 400, immediately upon recess.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Senators Silverstein and Althoff move that the Senate recess for the purposes of a -- Senate Democrat and Republican Caucuses lasting approximately one hour. Seeing no objection, the motion is granted. The Senate now stands in recess to the call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR SULLIVAN) Senate will come to order. Once again, Ladies and Gentlemen, will all the Members of the Committee on Assignments please come to the President's Anteroom immediately? All members of the Committee on Assignments to the President's Anteroom immediately. Will all Members within the sound of my voice please come to the 203 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Senate Floor? At the conclusion of the Committee on Assignments, we will be taking up Floor action. All members of the Committee on Assignments to the Anteroom. All Members of the Senate please come to the Senate Floor immediately. The Senate stands at ease. (at ease) Senate will come to order. John Marschitz with WBBM- TV requests permission to videotape. Chris Brooks and Mikes -- Mike Brooks with WICS requests permission to take video and still photographs. And Hector Betancourt of WGN-TV requests permission to video -- videotape. Seeing no objection, leave is granted. Mr. Secretary, Committee Reports.
Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Re-refer from Executive Committee to Assignments Committee - Motion to Concur on House Amendment 1 and 3 to Senate Bill 1. Signed, Senator James F. Clayborne, Chairman. Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Be Approved for Consideration - Motion to Concur on House Amendment 1 and 3 to Senate Bill 1. Signed, Senator James F. Clayborne, Chairman.
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies {sic}, in just a minute, we're going to go to the Order of House Bills 3rd Reading. If you want to turn to page 6 of the printed Calendar, toward the top of the page, we're going to go to House Bill 2317 momentarily. Ladies and Gentlemen, House Bill 2317 on the Order of House Bills 3rd Reading. Senator Harmon, do you wish to proceed? Mr. Secretary, please read the bill.
204 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 House Bill 2317. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Harmon.
Thank -- thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 2317, as amended, rationalizes the way we tax leased vehicles. It's an initiative of the Illinois Automobile Dealers Association. The Department of Revenue is fine with the bill. And I'm not aware of any opposition. I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 2317 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. House Bill 2317, having received the required constitutional majority, is declared passed. Senator Steans, for what purpose do you rise?
I intended to be a Yes on that bill. Thanks.
PRESIDING OFFICER: (SENATOR SULLIVAN) The record will so indicate your intent, Senator Steans, on that previous bill. Ladies and Gentlemen, Senate Calendar -- Supplemental Calendar No. 2 has been distributed. It's on your desks. We're going to go to that order now, Secretary's Desk, 205 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Concurrence, Senate Bills. Senate Bill 1. President Cullerton. Mr. Secretary, please read the bill.
I move to concur with the House in the adoption of their Amendments 1 and 3 to Senate Bill 1. Signed by President Cullerton.
PRESIDING OFFICER: (SENATOR SULLIVAN) President Cullerton.
Yes, thank you, Mr. President, Members of the Senate. Senate Bill 1 was a bill, obviously, that I introduced as the first bill of the Session. It had -- initially, had a -- two parts of pension reform - Part A being something very similar to what we now have in front of us and Part B being very similar to a bill that the Senate passed overwhelmingly, which is still over in the House. We had folks who didn't agree with that concept of having both bills in the same bill. That was an idea that was meant to be a compromise to try to get something in front of the court so they could rule on the constitutionality of -- of these controversial bills. We then abandoned that effort and passed a different bill using Senate Bill 1, which was a -- had to do with the Teachers' Retirement System. And the House did not call that bill, but rather put these two amendments on -- on this bill. So, it does amend the General Assembly, the Teachers', the State Universities, and the State Employees' Articles of the Pension Code, and it makes four substantial changes to the existing pension benefits of Tier 1 actives and retirees. First, it unilaterally reduces the COLA rate from a three percent compounded rate to a much lower simple COLA rate. And I believe this was language that Senator Radogno, 206 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 who's my cosponsor on this bill, had actually asked for, because it had a -- a -- a tier in the way it was applied. The second thing is this bill unilaterally increases the retirement age for Tier 1 actives three or five years, depending on their age. Third, it unilaterally imposes a cap on pensionable salary at the Tier 2 salary cap where it -- where none normally -- or currently exists. And finally, it unilaterally requires current Tier 1 actives to pay two percent more in contributions for a reduced level of benefits. According to the actuarial reports from the pension system, the House amendments will save the State a hundred and eighty-seven billion dollars over the next thirty years and reduce our current ninety-six billion dollars in unfunded liabilities by twenty-two billion dollars. I'd be happy to answer any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Leader Radogno, for what purpose do you rise?
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Radogno, if you'll hold on just one second, and I'll come right back to you. Jim Mastri with WLS-TV Chicago requests permission to videotape. Seeing no objection, leave is granted. Leader Radogno. Thank you for that, giving me a minute.
Thank you, Mr. President. First of all, I want to thank the Senate President for the work that he's done on this bill, and similarly the other Chamber, Representative Cross, Speaker Madigan, Elaine Nekritz. There's been a lot of good work done on this issue for a long time now. The Senate President has detailed 207 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 the history of the bill. We all know what's been out there and what's out there now. But, quite frankly, Ladies and Gentlemen, it is show time, right now. This is a comprehensive pension reform bill. It's the most comprehensive one we've seen. The -- the actuarial numbers that have been documented in this bill are substantial. They're even more than we originally thought. They will save the taxpayers a hundred and eighty-eight billion dollars over the next thirty years. It's the only bill that will save the pension systems. So, tonight, we have an opportunity to put a bill on the Governor's Desk - it will go from this Chamber to the Governor's Desk - that will reduce our unfunded liability, provide substantial savings to the taxpayers, and stabilize the systems. And, importantly, it will stabilize State finances. We all know, as our discussion about the budget has ensued over the last several Sessions, in fact, the pensions are squeezing out every single other State priority that we have. Retirees are worried, and they should be, that if we don't take care of this problem they may go to the mailbox someday and not have a check that they were expecting. Clearly this bill isn't without sacrifice. I hope we don't get into the blame game this evening. There -- it requires sacrifice all the way around. This is not going to be an easy vote, but it's one we absolutely have to take. Hopefully, we can pass this on our first try, get it to the Governor's Desk, and begin to get our State on the road to recovery. I ask you to support this bill. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Further discussion? Senator Murphy, for what purpose do you rise? Senator Brady, for what purpose do you rise?
208 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Speak to the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill, Senator Brady.
First of all, let me thank the Senate President for calling the legislation. I think it's important that we have a debate and a vote on this. But it's not without reluctance that I rise in support of this. But it is in support of this, in fact, strong support of this, that I do rise. We, far too long, have ignored the problems that face the financial crisis our State faces and they are rooted in the unfunded liabilities of the pension system. Each and every day the unfunded liabilities grow. And each and every day we delay that, we increase the problem. My biggest reason for reluctance is also a reason for apology. The people who will be affected by these reforms adversely are the people we depend on to run our State. They're teachers. They're university employees. They're frontline workers in our corrections. And, in fact, they are the ones that have lived up to their obligations over the decades - the contributions that have been asked to be made to this. But, frankly, it's for them that we need to pass these reforms. We have to deal with the present. And if we don't have the fortitude to protect and solidify and strengthen the pension systems, their futures and their retirements will be at risk, not to mention the risk of our children, our public safety, and our infrastructure. This is the linchpin in solving the State's financial crisis. Make no mistake - this isn't an easy vote, whether you vote for it or against it. But I do hope and I ask you to vote for it, so that we can move our State to the point of recovery and turn this State around. 209 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Further discussion? Senator Holmes, for what purpose do you rise?
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill, Senator Holmes.
I just have to say, two weeks ago I stood here in support of Senate Bill -- 2404, which was talking about our pensions. That was a bill that was worked out with the unions, the people who are going to be affected by the changes we make when it comes to pensions. I was proud to see that board have forty green lights on it. It was an -- wonderful moment, as we stood here and we stood for the people who work to educate our children, who keep our prisons safe. We did the right thing. Now we're standing here and it's getting, ooh, towards the end of Session. We're supposed to be out of here by midnight tomorrow night and this problem hasn't been resolved yet. So, now, all of a sudden, we're saying we're going to vote for a bill. It's a bad bill. It's a bill that takes away -- takes away from the people that we made promises to. And we're going to just take everything we promised away because - guess what? - in a little more than twenty-four hours we're supposed to be done. And that's going to be the reason we vote for a bill that is fundamentally flawed - a bill that we know in our hearts is not constitutional. And we're hoping, well, maybe Illinois is in such bad straits that the courts will say go ahead and do this - cheat the people who you made promises to, because, yeah, you're sort of in a fiscal mess. That is not the 210 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 way we are supposed to make laws. That is not the way we're supposed to treat the people who have been good to us, who have educated our children, who keep our prisons safe. There is no way anybody who supported 2404 should dare vote Yes on this bill. 2404 was passed over to the House, after it passed here with an overwhelming number of votes. And I don't know if any of you have talked to your House members, but I have talked to mine and they would love the opportunity to vote Yes on that bill. That bill needs to be called in the House, and just because that bill's not being called in the House is no reason for us to stand here and say "we're supposed to be out of here tomorrow by midnight, so I'm going to vote Yes on this bill" and cheat the people who have done so much work for us for decades. I urge a No vote on this.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Steve Starger {sic} (Staeger) with WCIA-TV requests permission to videotape. Seeing no objection, leave is granted. Senator Haine, for what purpose do you rise?
To the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill, Senator Haine.
The remark was made by our distinguished and esteemed Minority Leader that today is show time. I would suggest that it's not; that show time is in the Supreme Court of Illinois. That's show time. And we have a body of legal opinion, based upon the Constitution of Illinois, adopted by the people of Illinois in 1970, which states that "membership in any pension or retirement system of the State, any unit of local government or school 211 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 district, or any agency or instrumentality thereof, shall be an enforceable contractual relationship, the benefits of which shall not be diminished or impaired". Now we have opinions to the contrary. And some of them are well-meant. Some of them emanate from the editorial board of certain large newspapers in Chicago. And of course, they -- they are -- have as much weight in court as the paper they're printed on. The Constitution of Illinois is what will determine the course of this bill. And those of us that have looked at it on either merit -- and there is a strong argument, made by Senator Holmes, that this is fundamentally unfair. But those who argue for the -- for voting in favor of it based upon the fact that it will solve our problems have -- are building a cathedral on sand. The contractual clause that is the nature of our pension obligations will be decided by the Supreme Court. And it's our feeling that this is a fool's errand, this bill, and we will waste another year and another billion two hundred million on this fool's errand. We should vote for what we deem is a constitutional tradeoff, 2404. And that is show time. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Further discussion? Senator Murphy, for what purpose do you rise?
To the -- to the motion, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the motion, Senator Murphy.
I -- you know, we've done this a number of times in various forms throughout the -- the spring and each time I have wanted to make the point, Mr. President, that I do appreciate the effort 212 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 you've put into trying to solve this problem. And it is show time, because we are running out of time. The notion -- and I share my friend from Aurora's lament about what - and -- and, frankly, Senator Brady's lament - about what we have to do to people with this issue. It is -- I take no relish or delight in being here at a moment in time when we have to renege on a promise to people that our predecessors made it to. But the reality of the situation is we are one hundred billion dollars short. That's the equivalent of three years of our total GRF spending. I don't know how we can look them in the eye and say with something less than Senate Bill 1, "Don't worry about it. It's going to be fine. The money will be there. It always has been." I feel like if we don't do something on this magnitude, you're lying to people when you tell them they can count on that check. And it's bad enough we have to back out of the promise; I don't want to lie to 'em on top of it. We need to avoid being here again. Senate Bill 2404, for all the merits of it, the fact that it's negotiated and agreed to, doesn't give us anywhere close to the certainty necessary to be able to say that. There are other issues here too. Look at the savings. Don't forget, for as much as it was mocked, "Squeezy the Python" made a valid point. Those of you who are voting on a budget right now know that this growing pension payment, when you factor in the bonding, 7.7 billion - this is over twenty percent of all the money in the General Revenue Fund - is going to a pension payment that's growing by a billion dollars a year. Think of some of the programs you're trying to save and put it in the context of an additional billion dollars. This bill takes two billion dollars off of that pension payment in fiscal year 2015. That's real relief. Because -- I know all of you over there, whether you just ran and promised 213 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 your new constituents or those of you who voted for it before, are going to keep that promise to have the tax increase be temporary, so you're going to need that two billion dollars in relief. If I'm wrong, and maybe you want to spend the two billion on some of those other priorities, this is still an ability to do that. Senate Bill 2404 doesn't give you anywhere near the ability to prioritize what is record revenue in the manner that the people we all represent want it spent. If there's anybody in this room who likes the fact that we have to do this, I'm sorry they're a Member of this Chamber, because it ought to be regrettable to everybody that we got to a point where we have to renege on promises. But the truth of the matter is, I'd rather level with people now, make a new promise we have a better opportunity to keep and go forward on a clean slate. Senate Bill 1 gives us the opportunity to do that. And, finally, on the issue of constitutionality, we have an oath that we've taken with regard to the constitutionality of the bills we pass. There are legal opinions out there, credible legal opinions, that say that this bill is constitutional. I believe that allows us to meet our burden under this oath. As the previous speaker indicated very clearly, it's the Supreme Court that will decide constitutionality ultimately, but there is a sufficiently strong argument on constitutionality for those of us in this room to have met our burden by voting for it. Mr. President, thank you for putting this up for a vote. I encourage all of you to take the opportunity to give the pensioners and the employees some peace of mind and finality to this issue, and to give the taxpayers the ray of hope that pretty soon their dollars will be spent on their priorities. I encourage a Yes to this motion.
PRESIDING OFFICER: (SENATOR SULLIVAN) 214 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Thank you. Further discussion? Senator Delgado, for what purpose do you rise?
Thank you, Mr. President. To the motion.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the motion, Senator Delgado.
I listen to my constituency on the northwest side of Chicago, strong working-class bungalow belt. I have folks that have been impacted by the last three or four years of cuts in every which way to their torso, be it Medicaid, education, human services. And now our families are now suffering as we continue to be parasitic, as we now have to -- what we've created, what we've done, what I've been part of, unfortunately, in fifteen years in two Chambers, listening to how -- how we can do these things and -- and -- and yet our communities continue to be on the menu, where now my parents, my families who only have left the guarantee that they worked eight hours a day here in America and that they would be compensated with the benefits - that's their contract. If we have anything that has truly -- has been an albatross around the people of Illinois, has been the parasitic approach with a bill that is -- that is taking away their livelihood. They'll be forced to move in with their old -- younger children, in some cases on a retiree. But let me tell you, the response to 2404 and thanks to Senator Holmes, and all of the masses, the people we talk about. Who are we talking about when we talk about labor? They are the representatives of many of the people who vote for you or don't. That's the masses. That's who I'm here for. Not here for my own benefit, but for the love of God, I'm -- I'm one of the lowest- 215 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 paid legislator in these -- both Chambers. But when we talk about the House bills that have come over here on pensions, President Cullerton and this staff has called every one of the bills. Where is 2404? We've done our job, Mr. President. It saddens me that I have to stand here today with a community that's already been marginalized and now we're at a stage that now we've come into their livelihoods and -- and diminish COLAs. But I'm getting calls from -- some of my retired folks and others in my district. And if they have to drink a poison, it was 2404, 'cause this is -- there's -- there's no -- this isn't horseshoes. This isn't an almost -- we're not going to shut 'em out, Ladies and Gentlemen. We have to find a way to come to that point, as human services and education and public health are being permeated by -- by this. So, not only is this bill unconstitutional, and will be proven so. No matter what we pass it just takes one plaintiff to file a lawsuit and that's what's going to happen. You attorneys know that. So while we find some solace for the constituents that we represent, because -- and I'll just close, Mr. President. I think a famous man who was once from this State, called Abraham Lincoln, said there's two type of statesmen, one who runs for his next campaign and the other one runs for the next generation. We must be incremental. This is a long-term resolution and Senator -- Mr. -- President Cullerton and -- and Senator Holmes and those who've worked on the coalition bill see that and were being incremental. You cannot eat this whole pizza in one gulp. You cannot put a bowling ball through a keyhole. And I would adamantly ask for a No vote on Senate Bill 1. Thank you, Mr. President and Members of the Senate.
PRESIDING OFFICER: (SENATOR SULLIVAN) 216 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Thank you, Senator Delgado. Further discussion? Senator Raoul, for what purpose do you rise?
To the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill, Senator Raoul.
So, a couple of my colleagues who are esteemed lawyers have both made reference to the Constitution. And my colleague on -- on the other side of the aisle, who I respect dearly, and he and I have had an exchange in the past on a similar bill, made reference to our oath. And -- and I think it -- that is -- that is appropriate for us all to think about our oath, ‘cause we all take an oath. And you may not think about what that oath was, that oath you took, but you took an oath to uphold the Constitution of the State of Illinois. And I think you ought to take that seriously today. One of the things that that same speaker acknowledged, and I'm -- I'm -- I'm -- I -- I appreciate the acknowledgement because it shows progress, was that -- and -- and so this removes the debate from the table, that this was reneging on a promise. And so there's an acknowledgement there. And so that goes fundamentally to the question of constitutionality, ‘cause what the Constitution explicitly talks about is a contractual relationship. And what is a -- a contract? It's a couple of promises. It's an exchange of promises. And how do you breach a contract? Well, you renege on a promise. So, fundamentally, we've heard today just within our breach -- brief debate that this is an unconstitutional bill. This -- I mean, I think you don't have to be a lawyer. It's quite easy to understand that a contract is an 217 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 exchange of promises, a mutual agreement. And you cannot modify a contract without agreement of the two parties that were party to the contract in the first place. And this bill does not have that. It's been suggested by some that a -- a funding guarantee can be utilized as consideration. That ignores the fact that you still have to have agreement by the two parties of the original contract. You can't just say, "Well, I know we agreed to this, but here's five dollars that I wasn't going to give you before, although I was supposed to", and that's going to suffice for me to change the contract, to take away from you what I promised to give you. It's reneging on a promise. So, fundamentally, this is a breach of contract. And I wish when the previous speaker talked about how the bill -- that -- that there were legal opinions that thought the bill was constitutional, talk about -- I think it's worthy for us during this debate to talk about the merits of those arguments. I have not heard the merits of those argument {sic} within any debate. The reason why, there is no merit to such opinions. And -- and -- and therefore, I believe and I invite -- and you can -- you can easily access Article XIII, Section 5 of the Constitution. I think it's important for everybody to, during this debate, to take a look at that. Look at the plain language and think of your oath. And I think it's also important to think about what the framers were thinking about at the Constitutional Convention and what was going on at that time. Guess what? The pensions were grossly underfunded at that time. So, it's not as if they -- they didn't contemplate this moment in time, because they were dealing with it then. Guess what? In their discussions, they talked about why they had to have this specific language in the Constitution, because they worried about this very day when the Legislature might 218 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 take this unilateral action. So they put this language in there specifically to prevent that. And when you take your oath to uphold the Constitution, you have to consider that. So, therefore, I urge a No vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. President Cullerton, to close. Ladies and Gentlemen, the question is, shall the Senate concur in House Amendments 1 and 3 to Senate Bill 1. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 16 voting Aye, 42 voting Nay, 0 voting Present. Senate Bill 1 -- having failed to receive the required constitutional majority, the motion fails. Senator McConnaughay, for what purpose do you rise? SENATOR McCONNAUGHAY: For the record, I meant to cast a Yes vote. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) I'm sorry. Senator -- I did not -- I couldn't hear you. Would you repeat that? SENATOR McCONNAUGHAY: Record to reflect I cast a Yes vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) The record will so intent -- indicate your intention to vote Aye on the previous bill. Mr. Secretary, 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: 219 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Senate Bill 1687. 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 1687. Passed the House, as amended, May 30th, 2013. Timothy D. Mapes, Clerk of the House.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Ladies and Gentlemen, for the purposes of an announcement. Your attention, please. The Senate Executive Committee will meet immediately in Room 212. Senate Licensed Activities Committee will meet immediately in Room 400. The Senate State Government Committee will meet immediately in Room 409. The Senate Criminal Law Committee will meet following the adjournment of State Government Committee in Room 409. Again, Senate Executive, Senate Licensed Activities, Senate State Government Committees will meet immediately in their respective rooms. Senate Criminal Law Committee immediately following the adjournment of State Government in Committee Room 409. Senate stands at ease. Senate stands at ease to the -- Senate stands in recess to the call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR SULLIVAN) The Senate will come to order. Ladies and Gentlemen, Supplemental Calendar No. 3 has been distributed. With regards to House Bills 2nd Reading, we have House Bill 1441. We'll let it come up on the board. House Bill 1441. President Cullerton. Mr. 220 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Secretary, please read the bill.
House Bill 1441. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Senator Stadelman, for what purpose do you rise?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point, Senator Stadelman.
To state for the record that I intended to vote No on Senate Bill 1.
PRESIDING OFFICER: (SENATOR SULLIVAN) The -- the record will so indicate your intent. Mr. Secretary, Committee Reports.
Senator Noland, Chairperson of the Committee on Criminal Law, reports Motion to Concur -- Motions to Concur on House Amendment 1 to Senate Bill 1330, House Amendment 1 to Senate Bill 1587, House Amendment 2 to Senate Bill 1587, House Amendment 3 to Senate Bill 1764 and House Amendment 1 to Senate Bill 1968 Recommend Do Adopt. Senator Landek, Chairperson of the Committee on State Government and Veterans Affairs, reports Motion to Concur: House Amendment 1 to Senate Bill 2106 Recommend Do Adopt. Senator Martinez, Chairperson of the Committee on Licensed Activities and Pensions, reports Motion to Concur with House 221 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 Amendment 2 to Senate Bill 92, Motion to Concur on House Amendment 1 -- I'm sorry, on House Amendment 1 to Senate Bill 1366 Recommend Do Adopt. Senator Harmon, Chairperson of the Committee on Executive, reports Motions to Concur: House Amendment 1 Senate Bill 56, House Amendment 2 to Senate Bill 56, House Amendment 1 to Senate Bill 105, House Amendment 1 - Senate Bill 1042, House Amendment 1 to Senate Bill 1495, House Amendment 2 to Senate Bill 1664, House Amendment 4 to Senate Bill 1674, House Amendment 2 to Senate Bill 1723, House Amendment 3 to Senate Bill 1723, and House Amendment 2 to Senate Bill 1772 Recommend Do Adopt.
PRESIDING OFFICER: (SENATOR SULLIVAN) Mr. Secretary, Resolutions.
Senate Resolution 353, offered by Senator Murphy and all Members. Senate Resolution 354, offered by Senator Koehler and all Members. They are both death resolutions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Resolutions Consent Calendar.
Senate Resolution 355, offered by Senator Delgado. It is substantive.
PRESIDING OFFICER: (SENATOR SULLIVAN) Mr. Secretary, Messages from the House.
Message from the House by Mr. Mapes, Clerk. Mr. President - I am directed to inform the Senate the House 222 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 1715. Together with the following amendment which is attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment 1 to Senate Bill 1715. We have received a like Message on Senate Bill 2378, with House Amendments 1 and 2. Passed the House, as amended, May 30th, 2013. Timothy D. Mapes, Clerk of the House.
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, there being no further business to -- to come before the Senate, the Senate stands adjourned until the hour of 12 p.m. on the 31st 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 Rule 2-10, I am scheduling a perfunctory Session to convene on Thursday, May 30th, 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 20. Together with the following amendments which are attached, in 223 STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 61st Legislative Day 5/30/2013 the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendments 1 and 2 {sic} (1, 2 and 4) to Senate Bill 20. We have received a like Message on Senate Bill 1911, with House Amendment No. 1. Passed the House, as amended, May 30th, 2013. Timothy D. Mapes, Clerk of the House. There being no further business to come before this perfunctory Session, pursuant to the directive of the Senate President, Senate -- the Senate stands adjourned until Friday, May 31st, 2013, at the hour of 12 noon, or until the call of the President. The Senate stands adjourned. 224