Illinois Senate Floor Debate — April 9, 2014

PRESIDING OFFICER: (SENATOR LIGHTFORD) The regular Session of the 98th General Assembly will please come to order. Will the Members please be at their desk? Will our guests in the galleries please rise? The invocation today will be given by Reverend Dennis Holtschneider, President, DePaul University, Congregation of the Mission.

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

(Pledge of Allegiance, led by Senator Jacobs)

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hunter.

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you. Senator Hunter moves to postpone the reading and approval of the Journal, pending arrival of the printed transcripts. There being no objection, so ordered. James Carder, Blueroomstream.com, requests permission to videotape. Leave is granted. Stephen Bourque, WICS, requests permission to video. 1  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Leave is granted. Ladies and Gentlemen of the Senate, will you please come to the Senate Floor for Floor action? Members of the General Assembly, please come to the Senate Floor for Floor action. LAs, please get your Member to the Senate Floor as soon as possible. Thank you. Mr. Secretary, Resolutions.

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) Mr. Secretary, House Bills 1st Reading.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Mr. Secretary - please reflect {sic} your Calendars to page 15 - will you please read the constitutional amendments? House Joint Resolution Constitutional Amendment No. 1 in its full length for the second time. 2nd Reading. Mr. Secretary.

PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Mr. Secretary, please read House Joint Resolution Constitutional Amendment No. 52 for the second time. 2nd Reading.

PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Senator Hastings, for what purpose do you rise?

Thank you, Madam President. A point of personal privilege.

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

So I have the honor and privilege today of introducing three of the greatest dentists in the south suburbs of Chicago. I have Dr. Weathersby, Dr. Holba, and Dr. Moore. If you guys would please rise. We'd like to give 'em a warm Springfield welcome. Thanks for being here, guys.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Please rise and be welcomed to the Illinois General Assembly. Will all Members at the sound of my voice please come to the Senate Floor for Floor action? We will be going to 3rd Readings, the top of page 10 on 3rd Readings. Members, please come to the Senate Floor for Floor action. Ladies and Gentlemen of the Senate, last call. Last call. We will begin 3rd Readings. Please bring yourselves to the Senate Floor immediately. Thank you. On the Order of 3rd Readings, Senator Sullivan, on Senate Bill 3374. He indicates he wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Sullivan.

Thank you, Madam Chairman {sic}. Good morning. Senate Bill 3374 amends the Downstate Teachers Article of the Illinois Pension Code and extends the sunset date to 2018 and it allows retired certified teachers to return to teaching in subject shortage areas without impairing their retirement status. I know of no opposition to the bill. I'll be more than happy to answer any questions.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Good morning as well. Is there any discussion? Seeing none, the question is, shall Senate Bill 3374 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 51 voting Yea, 0 voting Nay, 0 voting Present. Senate Bill 3374, having received the required constitutional majority, is declared passed. Senator Frerichs, for what purpose do you rise?

For a point of personal privilege.

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

Thank you very much. My colleague, Senator Hastings, introduced some of the finest dentists from the south suburbs. I want to introduce some of the finest dentists from east central Illinois. We have visiting us, here in the gallery today, Dr. Barry Howell, Dr. Mike Refatto, Dr. Dave Wickness, and Dr. Brad 7  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Barnes. Please join me in welcoming them to Springfield.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Please rise and be welcomed to the Illinois General Assembly. Senator Hutchinson, on Senate Bill 3397. Senator Hutchinson. Senator Hutchinson. Out of the record. Senator Hutchinson, on Senate Bill 3398. Senator Hutchinson. Out of the record. Senator Biss, on Senate Bill 3405. Senator Biss. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Biss.

Thank you very much, Madam President, and thank you Members of the Senate. Senate Bill 3405 concerns the subject of patent trolls, which is a bit of an idiosyncratic topic. Patent trolls are entities that purchase large collections of often defunct or -- patents or patents owned by maybe bankrupt entities, then they develop a often tenuous claim to have intellectual property rights over some very common consumer product or business-to-business product and then send often tens or even hundreds of thousands of demand letters threatening to sue and demanding a kind of medium- size settlement to make the suit go away. Senate Bill 3405 tries to take a bite out of this -- this activity and -- and place some hurdles before the most deceptive type of such activity by amending the Consumer Fraud and Deceptive Business Practice {sic} (Practices) Act to list four different types of practices that are 8  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 themselves not allowed under the Act, thus creating a private right of action for someone who is a victim of this kind behavior. Happy to take any questions and I'd appreciate your support.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall Senate Bill 3405 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 48 voting Yea, 0 voting Nay, 0 voting Present. Senate Bill 3405, having received the required constitutional majority, is declared passed. Senator Raoul, on Senate Bill 3408. He indicates he wish to proceed. Please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.

Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 3408 states that all property owned by a county of more than three million inhabitants, or one -- one or more municipalities within such counties {sic}, for which a land bank has been created pursuant to an ordinance or intergovernmental agreement be tax exempt. Also, when such property is leased to an entity whose property is not exempt, the property shall remain tax exempt as long as it is being used for land bank purposes for a period more -- of no more than ten years.

PRESIDING OFFICER: (SENATOR LIGHTFORD) 9  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Is there any discussion? Seeing none, the question is, shall Senate Bill 3408 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 47 voting Yea, 0 voting Nay, 0 voting Present. Senate Bill 3408, having received the required constitutional majority, is declared passed. Senator Manar, on Senate Bill 3409. Senator Manar. Senator Manar. Out of the record. Senator Manar, on Senate Bill 3411. Senator Manar, on Senate Bill 3411. Out of the record. Senator Steans, on Senate Bill 3412. The lady -- Senator Steans seeks leave of the Body to return Senate Bill 3412 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 3412. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans.

Yes, thank you, Madam President and Members of the Senate. Senate Bill 3412 removes the specific references to the ISAT and PSAE and replaces the specific tests with the framework for the new assessments. This is our next step in working on the Common Core. The bill requires State Board of Education to assess students annually, as we do currently, but just takes away the reference to what the specific tests are that we'll be using. There's been a group of teachers under ISBE that's been working very heavily on assessments for this. The bill also puts in place an assessment review committee that will continue to be looking at 10  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 this over time. Big issue will be how to implement this rolling forward over time and there's plans definitely to be, as we get a -- hopefully, a waiver on the No Child Left Behind from the feds, to be able to smoothly transition to any new assessment system that gets put in place. This is very much in line with Senate Bill 7 that we passed a number of years ago. It's sort of our next step along those lines. I would urge an Aye vote.

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) She will yield. You're speaking to the amendment, Senator?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Absolutely.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LIGHTFORD) 11  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3412. The lady indicates she wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans.

I, too, should have noted that I was speaking on the amendment before, so what I said before.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) She will yield, Senator. Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans. 12  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

This doesn’t impact the Common Core at all. This is setting up assessment systems around it. This isn't changing any standards that we're using or have in place at this point.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans.

Let me clarify. We've already adopted the Common Core in Illinois. We're not changing anything around what we adopted. These are going to be assessments that are aligned with the Common Core. Correct.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans.

I think most high school administrators that I hear from, and there have been a lot that have been involved in the discussions 13  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 around the assessments - I mean, as I say, these have all been developed with teachers' input and teachers reviewing all of the assessment tools that will be put in place - but there's some concern about whether or not we also will continue to do the ACT. This bill does not impact that at all. It's certainly my hope and desire that we will continue with the ACT as well, at least through a transition place, till we know where universities and colleges are going to be going and what they will be using for admissions. That, I think, is not impacted here. We can certainly still continue to do the ACT and sort of phase in the new assessments at the high school level. I think that is where I've heard the most concern.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Ladies and Gentlemen of the Senate, will you please lower your voices? There is a debate on the Senate Floor. If you would please lower your voices. Thank you very much. Senator Steans. 14  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

Yes, and that is really an appropriation question. It's certainly one that I feel strongly that we should be providing the resources for both the ACT and any new assessment that's done aligned with the Common Core, certainly for at least some period of time. We're looking at different options of that. One would be doing a voucher so that you -- I mean, over time maybe doing both for some period and then maybe moving to a voucher so that all low-income -- based on free and reduced lunch, so we're getting a voucher for low-income. I think that's a question for the appropriation process and one that I feel very strongly about as well.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans.

You know, I think that's a process that would have -- be getting worked out with ISBE. I don't know that there's been details on that. But there's different ways it'll get looked at over how do we actually transition this and make sure we're still providing the ACT for all those who want to continue to be taking it?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter. 15  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans.

So, a couple things. One, I think what most high school administrators I talked to - and I think it's important to note that the School Management Alliance is neutral on this bill; they are not -- they are fine with it - is that the ACT is not an assessment of school kids' aptitudes. Most people will say that's not really indicative of how well you do in college. People think that your GPA and other things are far more. Think there's widespread acknowledgement of issues on that. That said, until we know what colleges will accept the new ones, there's a real issue on what's going to happen in admissions, which is why I very -- too feel strongly about making sure we have some sort of a transition process and have it continue to be available for people who want to take the ACT. So that's very much the goal. As I said, we've been working with the federal level to try to get a waiver from the No Child Left Behind that enables us to try to look at how we phase this in. We haven't gotten that approval yet. We're hoping we will. It’s imminent, and we'll be looking at the whole transition plan in light of that. 16  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans.

That's a great question; glad you asked it. And there is a paper and pen option. You don't have to take it online for that very reason. Now, for schools that are equipped to do it online, this will be available online, which I think is also a huge step forward, because it's both good for the kids and the teachers in the classroom to get the immediate feedback and assessment. You can really then use it, particularly as it's now going to be aligned to their curriculums, in a formative way, so that they can actually understand, real time, how well what they're teaching is getting absorbed by the kids and reflect that in their teaching practices moving forward. For those that don’t have the technology in place yet, though, there is a pen and paper option. We understand that not all schools will be equipped, so the pen and 17  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 paper option will be there.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans.

No, the -- the plan is that this is the assessment dollars that included the State Board's budget, so it's not charged to the schools.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans. 18  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

I -- I don’t have the dollars in front of me, Senator Righter. I can get back to you with that.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans.

Well, as I -- as I said, first of all, it's not going to be costing the districts more, because I think this -- dollars will be included in the budget from ISBE, so it will not be any additional charges. The way assessment dollars are done right now are through the ISBE budget. As a -- you know, this is a -- it is going to be an appropriation issue and that's where we need to be looking at it and making sure we're covering these costs. I'll go back to the fact that this has been done entirely with teacher input, going to these new assessments. We've adopted the Core standards with that input, and now getting assessments that are aligned to that is just a critical step forward in advancing the 19  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 way our kids are learning in the State of Illinois. This is the next step. We've always known it's coming along the line every step of the way. And as we heard when we were discussing the education funding formula approach in subcommittee yesterday, if we don’t resource this, it's hard to expect our schools to keep moving forward in all the advancements we've been asking them to do. So, that is something that is key and I think it's something that we're all very aware of and will continue to be doing.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Further discussion? Senator McCarter, for what purpose do you rise? SENATOR McCARTER: Question of the sponsor, please.

PRESIDING OFFICER: (SENATOR LIGHTFORD) The lady indicates she will yield. Senator McCarter. SENATOR McCARTER: 21  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Senator, I -- I know -- well, you may be aware that I have got a Resolution 638 that's asked for us to delay implementing these standards mainly because not all of our schools are able to -- to fund these new requirements. Now, obviously, we're going - - we're zooming right past that because we're -- this is part of that implementation. Considering what you're doing here, wouldn’t -- and -- and -- and the -- you're aware of the new funding formula that Senator Manar has come out with and is still being debated. Hopefully, we're going to come out to something that's reasonable and it will bring some clarity and some predictability to our school districts as to what they're going to get so that they can budget. Wouldn’t you think it would be wise to pass that bill and get an agreement as to what schools are going to be funded before we go ahead with more burdens like this one? No matter what you feel about Common Core, whether you like it or you don’t like it, I mean, whatever your opinion is, wouldn't -- wouldn’t you think it would be wise to wait to pass the formula, the school funding formula, before we do this?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans.

Well, first, I'm delighted to hear that you are a fan of the funding formula work that EFAC has been doing under Senator Manar's leadership. I -- I am as well and look forward to supporting that. This is the next step. Everybody's looking for -- the -- the superintendents of the schools are looking forward to having these assessments in place, aligned to the standards that have already been adopted by the schools. So the State has been working hard on already doing these. And this is the next step and there's 22  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 general agreement on that, that this is the way we should be going as a State. There's not a -- a hankering for them to stop moving forward on this.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McCarter. SENATOR McCARTER: To the bill. You know, when -- when you realize you're not going to get an answer to the question, the best thing is just speak to the bill. So that's what I'll do, because you didn’t answer the question. The -- and you tried putting words in my mouth as to my agreement that I'm in favor of this funding formula, which is four hundred and twenty pages and I'm not sure anybody on this Floor really knows what it is, I mean, completely. Some know better than others, but most of us don’t. So to -- for anyone here to say that you know what's going to come to your school district, I don't think you know that. And until we do -- until we know who are the winners and the losers of that formula, why would we put more burden on 'em, whether you like Common Core or you don’t? Now, I have my own opinions. That's not the -- that's not the discussion in this bill, but whether we're going to implement it prematurely is. We should not. We should slow this process down, have more discussions on Common Core itself and whether it should be implemented when we're not able -- our school districts are not able to fund the implementation of it.

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

Thank you, Madam President. To the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) 23  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 To the bill, Senator.

Today, I stand in support of this legislation for a -- a few reasons. First, I -- I understand the argument with assessment, and if we could make the perfect assessment system in a school, I would be on that committee to -- to help out. But this test, if -- if you understand the process of the new Illinois learning standards and what this assessment is going to do, it is -- first and foremost, it's -- it's looking at student growth. A lot of the complaints with the ISAT has always been that it's a one-shot deal and schools are judged on that one-shot deal. This looks at a student's progression, and I think that's so critical as we see kids grow from the -- the fall to the -- to the spring. Second is, if we do not move forward, we're going to have a disalignment {sic}. Right now, we have the new Illinois learning standards and they're going to be testing on the -- the old ISAT. So, once again, we're going to have discrepancy and we're going to see scores go down and, again, not a true picture of what our students and our -- our public school systems are doing. And, finally, what I do like about this, my son just was able to take a pilot just last week and it is a performance-based test. So it is not just the -- the rote answers where you -- you have a question and you respond. This is looking at how kids can critically think. So, for those three reasons, I -- I support this bill.

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

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Sullivan in the Chair.

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

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

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.

Well, so Common Core -- first of all, I think there's a lot of rhetoric around that that's not the -- the actuality of it. I know there's a lot of concern out there now that this is somehow some federal mandate that was getting driven down onto the states, when, in fact, it was all done at the State level and that's how it bubbled up. In fact, Superintendent Chris Koch was one of the founding members of the state superintendents across the country coming together to develop a new set of learning standards. There is enormous support from educators, the state superintendents, who are the ones who drove this, from business groups, we've heard from the military, about trying to develop the -- a common set of standards. The idea behind it is to help critical thinking more deeply in their subject matter over the ages and that -- you know, so you take any particular issue. It's not just sort of a fact base, but it's a skills base now, testing that engages kids in much more critical thinking. This itself is not changing what we're doing on those standards. We've already adopted those. It's now aligning our assessments to those standards that have been put in place a number of years ago in the State of Illinois. And, as I say, this was driven by states and almost every state in the country, with just a few exceptions, have adopted these standards as well.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Luechtefeld.

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

Thank you, Mr. President. To speak to the bill, please.

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

Well, Senator, I know there is a lot of conversations that are taking place about a very complex issue, but I wanted to put just a little bit of background around it, because we did adopt the Common Core in 2010. So now we're at the place in 2014 where we have to align an assessment tool to those Common Core standards. I don't know that we’ve had wonderful feedback statewide from a lot of our school districts, because they basically don’t like the change. No one really wants to go in and change the way we do all of our standardized testing, but we're at that juncture. We all voted for it and it's been fully implemented and now we have to assess it. This bill that we're talking about now passed out of 30  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 our Education Committee on a bipartisan roll call, because you guys voted for it, because you also voted for Common Core. So let's not stand on the Floor and make a big mockery because you can’t do your son's math in the third and fourth grade. I can do my son's math in eighth grade and I'm not a lawyer, a doctor, or a Indian chief. So what we have to do is acknowledge that we're at a juncture. Whether we like it or not, we have to align the assessment with the Common Core in order for us to judge whether or not it's working. So we're actually putting ourselves in the position so that we can come back and say, "We don't like this. This isn't working." We need to have a tool to measure, as legislators, for ourself to determine whether or not it's working. So I want us to not get caught up in all of the hoopla and realize that we have no choice at this point. We're at a position that we have no choice. Now I think Righter brought up some very critical - didn’t mean to say his name, hope he's not in the room - but he did bring up something very critical with the ACT. That is so important. I am so in line with his argument and concern about the ACT. I've expressed that concern with our State Superintendent and they're working out a way that we can determine what universities are willing to accept - ACT, not accept ACT. It's been around so long, that's all we know. But there's -- change has come, so we have to figure out how to be in line when reforming our education system and moving us forward in the twenty-first century. We can’t get -- we can’t fall behind any further. We rank last in every category. If we continue to come out with these substandard reasons why we shouldn’t reform our system, our kids will continue to fail. We want them to be competitive. We want them to be able to compete with other children all across the 31  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 country. It's really not happening - perhaps for a select few. The goal here is to measure student growth, not wait till the kid gets to the end of that year and find out, woops, they're not doing so well, but to measure them earlier on in the school year and then to also see where they need to move to, so that you can reassess them before they leave that school year, so that we can stop moving kids who cannot read. Kids who can’t read in third grade and they're in high school and they still can’t read, that's a problem, and we have to stop allowing that to happen. We have to stop moving kids who are not prepared to move, who cannot read, who cannot perform the basic mathematical skills, who have no idea about science. So if your child is in the third grade and can’t do the math, you will want them to be assessed earlier on, so that they can be reassessed. You wouldn’t want them to wait and be assessed at the end of the school year and they can’t get the help that they need. So this is a tool that we have to have in place at this juncture whether we like it or not. But we have the power, as the General Assembly, to come back and say, it's not working. But we need a measurement for ourselves as well. I would encourage an Aye vote on this bill and then we hold the State Superintendent's foot to the fire and make sure that these schools have the technology that they need. We have to hold the schools' system to the fire that they bring our kids up to the level that they need to be, otherwise we're not doing ourselves justice here for education reform. We say we want it, but we don’t want to vote to make it happen. I encourage an Aye vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Rezin, for what purpose do you rise? 32  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

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

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.

Yes, it was -- it -- it was something that was adopted by the State Board of Education and went through JCAR. So, thank you for the clarification.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Rezin.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.

That's correct.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Rezin.

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

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

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

Thank you, Mr. President. To the bill.

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

As the previous speaker mentioned, this has been a very spirited debate, a very moving one, because as you notice, folks, there's quite a few components, and having been a very strong, strong labor supporter, even one of my best labor unions in my city would -- had put in a slip against this. At the end of the day, Senator Steans and our committee - and I'm the Chair of the Education Committee - and we had -- and -- and many of the Members made some eloquent arguments and there are many issues that has to be addressed. We're with you. I say to my friends in my labor communities that, on this one here, I feel very uninhibited. We need to bring things to the middle and we can move this in a slow and a deliberate way. And I appeal to ISBE to take heed of what 35  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 has been discussed here on this Floor. But we had approximately, oh, one, two, three, four, five, seven, twelve Aye votes in Committee. Senator Steans has been doing a -- a -- a -- a protracted process with making sure we're whittling this out little by little, taking everyone's concerns at hand, and even the Chairman, as I, too, had questions. But I understand, many in my community don't want the ISAT test. Parents were protesting and teachers didn’t want to implement it. This will help remove that burden. So as we continue to pick fruits off this tree, you could tell this dialogue will continue. And so I'm saying to all my communities out there, that although I would vote with the conscience of all my community members and -- and what my labor friends would say, or if it's because I'm not crazy about Common Core, or if it's because I say it doesn't -- one size doesn’t fit all, if I say it doesn’t help children of color, special ed needs aren’t met - this is a process that is allowable and so therefore I would ask for your Aye vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Seeing no further discussion, Senator Steans, to close.

Thank you, Mr. President and Members of the Senate. This is an important issue, so I really appreciate the debate. I -- I -- I want to just close with some remarks that were made in committee by a school superintendent, Tim Farquer, of Williamsfield Schools. He said that we should be moving -- that this was important to him and his district because new assessments aim to measure deeper learning, new assessments align to span elementary and high school, which has been sorely missing, to ensure that we have that 36  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 transition well all the way through our learning system, that this new assessment will provide an early window into teaching and learning so that we can more quickly catch kids who are not meeting the standards and get them up to speed, that they'll provide more timely results. This is great for both the kids and the teachers, so that they can more quickly align their -- what's -- what is or is not working in the classroom to what the kids need to be learning and that we need to evolve them. We know that. There are going to be implementation bumps and that's why there is an advisory board with teachers and administrators to, ongoing, look at the improvement of the overall implementation. I've heard a number of concerns today about the speed with which, you know, these -- as mentioned, it was in 2010 that the learning standards were adopted. It's now 2014. That said, this is a big change. It is my hope and expectation that should we be getting a waiver from the No Child Left Behind that then we can really sit down and work on what is the right implementation schedule. We might be able to provide a little bit more time. We're certainly going to be looking at any ways that we can do that, but we can’t move to a new assessment system without passing this bill. Very much encourage Aye vote. As I said, no district should be paying more. We're going to have pen and paper options and be looking at that in the appropriation process. Do appreciate the concerns that there are out there about implementation, but it's clearly the right thing to be doing. And I appreciate your support. Thank you.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Shannon O'Brien with UIS Illinois Issues requests permission to photograph. Seeing no objection, leave is granted. 37  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Ladies and Gentlemen, this is final action. The question is, shall Senate Bill 3412 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 32 voting Aye, 16 voting Nay, 2 voting Present. Senate Bill 3412, having received the required constitutional majority, is declared passed. Senator Rose, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Rose has requested a verification. Will all Members please be in their seats? The Secretary will read the affirmative votes.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Rose, do you question the presence of any Member voting in the affirmative?

PRESIDING OFFICER: (SENATOR SULLIVAN) I'm sorry, who did you ask for? Senator Silverstein… 38  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

PRESIDING OFFICER: (SENATOR SULLIVAN) …is in the back of the Chamber. Any -- are there any other Members?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Rose, this is…

PRESIDING OFFICER: (SENATOR SULLIVAN) No, no.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Rose, do you question the -- do you question the presence of any other Members voting in the affirmative, yes or no? Thank you. On a verified roll call, there are 32 voting Aye, 16 voting Nay, 2 voting Present. Having received the required constitutional majority, Senate Bill 3412 is declared passed. Senator Kotowski, for what purpose do you rise?

Thank you -- thank you, Mr. President. I would just like to be recorded as voting Aye on the previous bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) The record will so indicate your intent -- that was your 39  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 intention. Senator Syverson, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR SULLIVAN) Let's welcome our guests to the Illinois Senate. Great to have you joining us here today. Thank you so much. Senator Hutchinson, for what purpose do you rise?

A point of personal privilege, Mr. President.

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

Thank you, Members of the Senate. I'd also like to take this opportunity to introduce some folks that are here from my district and around the State with the Manufactured {sic} (Mobile) Home Owners Association of Illinois. They're actually in the gallery right above me, behind us here. And if we could give them a warm 40  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Springfield welcome. They come every single year. They get able representation by Ms. Terry Nelson, who I know all of us have met at one point or another.

PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome to the Senate. Senator Kotowski, for what purpose do you rise for a second time?

Thank you. Mr. President, point of personal privilege. I would just like to acknowledge…

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

Thank you for not interrupting me, Mr. President. I would like to acknowledge -- Mary Skelton is my Page for the Day today. Could we -- she lives in Roselle. She is the mother-in-law of Danielle D'Alessandro, who is a great advocate down here in Springfield. She is a -- she works in IT, admires candy - so if any of you have a sweet tooth, talk to her afterwards. She does a lot of work in fundraising for MS and cancer. She's a great person and she's -- then she's going to take over for me. Somebody has to learn how to press the Yes button here. But, Ladies and Gentlemen, Mary Skelton. Give her a great Springfield welcome.

PRESIDING OFFICER: (SENATOR SULLIVAN) Mary, welcome to the Illinois Senate. Thanks for joining us. President Cullerton in the Chair.

Ladies and Gentlemen of the Senate, if I could have your attention for just a second. I'd like to introduce a dignitary to say a few words. Wojciech Wegrzyn is the Undersecretary of State 41  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 for the Ministry of Justice of the Republic of Poland. He has served as Poland's Undersecretary of Justice since April of 2012. Until that time, he was President of the District Court of Krosno and a judge of the Civil Division since 1991. Between 2003 and 2009, he was the chief of the Commercial Division of the District Court in Krosno. He graduated from -- in law from Jagiellonian University in Krakow. He also completed postgraduate studies in civil law at the University. He is married and the father of a daughter. Please welcome Wojciech Wegrzyn to the Illinois Senate.

Senator Lightford in the Chair.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Ladies and Gentlemen of the Senate, please direct your attention to the Calendar on page 10. Senate Bill -- Senate Bill 3414. Senator Steans, on Senate Bill 3414. Out of the record. Senator Morrison, on Senate Bill 3421. The lady indicates she wish to proceed. Mr. Secretary, please read the bill. Senator Morrison seeks leave of the Body to return Senate Bill 3421 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 3421. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Morrison, on the Floor amendment.

Thank you, Madam President, Ladies and Gentlemen of the 42  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Senate. I would ask that the Body adopt this amendment and I'll discuss it on 3rd Reading.

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3421. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Morrison.

Thank you, Madam -- Madam President. Senate Bill 3421 will encourage and incentivize mandated training -- mandated training -- reporter training, excuse me. It provides the Department of Financial and Professional Regulation will have the authority to accept continuing ed credit for mandated training from the Department of Children and Family Services on how to recognize and report child abuse. I know of no opposition to this bill. I would appreciate an Aye vote.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall 43  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Senate Bill 3421 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 53 voting Yea, 0 voting Nay, 0 voting Present. Senate Bill 3421, having received the required constitutional majority, is declared passed. Senator Sullivan, on Senate Bill 3423. He indicates he wish to proceed. Please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Sullivan.

Thank -- thank you, Madam Chairman {sic}. Senate Bill 3423 amends the Collateral Protection Act and -- and declares that mortgage servicers subject to Section 1463 of the federal Dodd- Frank Wall Street Reform and Consumer Protection Act that comply with this Act in their forced placement of hazard insurance on residential properties are also in compliance with the Collateral Protection Act. This is an initiative of the Illinois Bankers Association. It reflects an effort to ensure consistency between State and federal law. Be more than happy to answer any questions.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall Senate Bill 3423 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 44  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 question, there are 55 voting Yea, 0 voting Nay, 0 voting Present. Senate Bill 3423, having received the required constitutional majority, is declared passed. Senator Morrison seeks leave of the Body to return Senate Bill 3433 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 3433. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Morrison.

Thank you, Madam President. I would ask the Body to adopt the amendment for discussion on 3rd.

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3433. Mr. Secretary, please read the lady's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) 45  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Senator Morrison.

Thank you. Senate Bill 3433, as amended, will provide, beginning on January 1st, 2016, that every person born after January 1st, 1991, will obtain a valid boating safety certificate in order to operate a motorboat with over ten horsepower. This is a bill that has been discussed, negotiated, has had many stakeholders participate in various hearings. I think it's an excellent bill and will create a safer environment on our waterways in Illinois. I'm happy to answer questions.

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

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Seeing none, the question is, shall Senate Bill 3433 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Yea, 0 voting Nay, 0 voting Present. Senate Bill 3433, having received the required constitutional majority, is declared passed. Senator Harmon, on Senate Bill 3437. 46  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Senator Harmon, on 3437. He indicates he wish to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.

Thank you, Madam President, Ladies and Gentlemen of the Senate. Senate Bill 3437 amends the Public Utilities Act, the portion relating to the Commission's Office of Retail Market Development. It recalibrates the date by which they must start filing reports. Not aware of any opposition and I ask for your Aye votes.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3437 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Yea, 0 voting Nay, 0 voting Present. Senate Bill 3437, having received the required constitutional majority, is declared passed. Senator McGuire, on Senate Bill 3441. The gentleman indicates he wish to proceed. Please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McGuire. SENATOR McGUIRE: Thank you, Madam President. Ladies and Gentlemen of the Senate, Senate Bill 3441 creates the Illinois Distance Learning Act. This Act allows our State, Illinois, to participate in M- SARA, the Midwest State Authorization Reciprocity Agreement, which establishes reciprocity between states willing to accept each other's approval of accredited institutions of higher education which offer distance learning across state boundaries. I know of no opposition and I ask for an Aye vote, please.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall Senate Bill 3441 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 Yea, 0 voting Nay, 0 voting Present. Senate Bill 3441, having received the required constitutional majority, is declared passed. Please turn your Calendars to the top of page 11. Senator Clayborne, on Senate Bill 3450. The gentleman indicates he wish to proceed. Please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Leader Clayborne.

Thank you, -- Madam President and Members of the Senate. 3450 48  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 is a shell bill. All the stakeholders are continuing to meet and we just want to pass this on over to the House where we will continue to meet and try to get something accomplished. So the amendment has not been adopted. It's just a shell bill. I would ask for your favorable vote.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Senator McCarter, for what purpose do you rise? SENATOR McCARTER: Question of the sponsor.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Sponsor indicates he will yield. Senator McCarter. SENATOR McCARTER: Senator, I think this is the beginning, and hopefully the -- the bill that'll contain an agreement with nursing homes and -- and -- nursing home patients' rights, resident rights, but doesn’t the bill -- I'm sorry for not looking at it. I think it does contain something, doesn't it? I mean, this is not just a -- a simple statement that it's an Act regarding managed care. I -- I thought it had the intentions of the bill in it.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Clayborne.

It -- it does have the intentions of the bill, but it's not the substance of what they really want done.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McCarter. SENATOR McCARTER: Thank…(microphone cutoff)…that. Thank you. 49  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

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

A question of the sponsor.

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

I just have a question, Senator Clayborne. In the bill -- I know you're still working on the bill, but it -- does it in any way mandate that even an ill -- a -- a nursing home that fails to meet the requirements that ensures the safety of their residents would be mandated or required to be signed on with managed care. So what I'm saying is, does it any way benefit those nursing homes that we might want to call into question because of their -- negligence in care? So, I’m just asking that question.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Clayborne.

Well, to -- to generally answer your question, it does have some language in it, but it is not nowhere near what the nursing homes want. There have been some agreements. We've come to probably about three or four things that we've agreed to, because we're running out of time. I don’t believe -- I've told this to the managed care companies. I haven’t -- they haven't raised any opposition to us continuing to negotiate. So we're just moving this forward.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Collins. 50  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

Thanks, Senator. I would encourage to continue the talks, because, as you know, I was involved in a lot of nursing home issues in my district, where they failed to provide the care that I thought was warranted by the residents. And I don’t want them to benefit from this legislation, where they're still able to align with managed care and yet it doesn’t serve the constituents. Thank you.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter, a change of heart? Would you like to speak on this bill?

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Clayborne.

Yes, it is.

PRESIDING OFFICER: (SENATOR LIGHTFORD) 51  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Clayborne.

That is true and I think that we've made some adjustments I think that managed care -- or both sides believe would require maybe some change, but we have not come to a total agreement. But we do believe that some issues that have been raised may need some clarification.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Clayborne.

That -- that -- yes, we have had those discussions. That issue has come up and that's one of the reasons why we have not adopted the amendment. Senator Righter, we continue to talk. There are clarifications that we're coming -- that we're dealing with from the Governor's Office, managed care, as well as HFS, that -- some issues that weren't anticipated, weren't contemplated, and we are trying to work those issues out.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Clayborne.

53  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Senator Righter, that's hard to answer, but -- but I'd say this, the marketing piece is probably not going to move forward. There are some provisions in the marketing piece that already exist. We just wanted to make some clarifications as to what can be done in the agreement and what the nursing homes felt needed to be done to protect their interests as it relates to those individuals who will be seeking to sign up some of the nursing home residents.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Clayborne.

Senator Righter, it's hard - and -- and -- and I am being patient - it's hard to debate something that hasn’t been adopted and it's not going to be adopted. So, I -- I -- I don't know what you're seeking to accomplish. But I will say this, one of the issues -- the reason why that was put in there was to make an evaluation of how well the program was proceeding and to make a determination what needs to happen. Obviously, because we have not finished negotiating, there's a lot of room for compromise, both sides. And I assure you that we're going to come up with something that both sides will be happy with, and the intent is to make sure that managed care gets an opportunity to control their 54  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 costs and, at the same time, balance that with making sure that the residents receive the care that they need.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Clayborne.

Again, Senator Righter, I can’t overemphasize that we're still negotiating. It’s hard for me to tell you what's going to be in the final bill, but I -- I will tell you this, that, obviously, if there is an agreement, it has to come back to this Chamber. Again, most of the time in a negotiation process in -- in any bill, a lot of times one side who sponsors a bill will ask for the world, but they're willing to negotiate and come up with a compromise for the end result of making sure that costs are managed, as well as making sure the -- the patients receive the 55  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 health care and services that they need.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator Righter. Senator Clayborne, to close.

Thank you, Madam President. And -- and, Senator Righter, I -- I can only say to you that the intent is to make sure -- and I think you were one of the sponsors of the managed care in this State. You brought it forward. So, we're trying to make sure that we manage cost as well as make sure that the patients, the recipients, receive the care that they need. And, obviously, one of the challenges you have is those -- those individuals who are in the nursing homes have health issues. It's not like the nineteen- or twenty-year-old that you sign up. These individuals will need care and their care will cost and we have to make sure that there's a balance between the providers and the managed care companies. I'm going to do the best that I can, Senator Righter, to make sure that this is a bill that's balanced, that addresses the original intent. We -- we -- there's nothing that prevents a bill being passed in the House that's sent over here. I think that we have an obligation to continue to sit down and negotiate this bill and move forward for those who are concerned about costs and for those who are concerned about those receiving the care that they -- that they -- that is prescribed and they need. I would ask for your favorable vote.

PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall Senate Bill 3450 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? 57  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Take the record. On that question, there are 42 voting Yea, 11 voting Nay, 3 voting Present. Senate Bill 3450, having received the required constitutional majority, is declared passed. Senator Frerichs, on Senate Bill 3451. Out of the record. Senator Biss, for what purpose do you rise?

For purposes of an introduction, Madam President.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Yes. Please state your purpose.

Thank you. Members, I'd like to introduce to you Donald Stricklin, who is here visiting from my district for the day. He lives in Winnetka, goes to Washburne School up there, is a passionate catcher on the baseball team and plays basketball, when necessary, in the winter, if weather won’t allow for baseball. He appears to have once been to a Bears game with Senator Kotowski, but, nonetheless, wanted to come join the Senate Chamber today, and is also here with his father in the gallery, David Stricklin, who some of you may know as well. If you'd all please join me in giving a warm welcome to Donald Stricklin.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Welcome to the Illinois General Assembly. You're welcome. Senator LaHood, for what purpose do you rise? SENATOR LaHOOD: Thank you, Madam President. I also have a point of personal privilege.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your point, Senator. SENATOR LaHOOD: 58  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Thank you, Madam President. My Page for the Day is here and I want to welcome her. It's Lauren Gwillim, and Lauren is a seventh grader from Peoria, at St. Vincent de Paul, and she is the daughter of Todd and Susan Gwillim. Her dad is here, somewhere, today in the Capitol. And Lauren enjoys swimming and diving and track and piano. She also spent four and a half years in China, when her dad was working for Cat over there, and speaks Chinese. And she's interested in writing and participating in music, and she'll be attending Notre Dame High School in Peoria in two years. I'd like everyone to give her a warm welcome. Thank you, Madam President.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Welcome to the Illinois General Assembly. Welcome. Senator Brady, on Senate Bill 3456. Senator Brady. Out of the record. Senator Syverson, on Senate Bill 3465. The gentleman indicates he wish to proceed. Please read his bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Syverson.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Just one second, Senator. We'd like to adopt your amendment. Just one moment. Senator Syverson seeks leave of the Body to return Senate Bill 3465 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 3465. Mr. Secretary, are there any Floor amendments approved for 59  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 consideration?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Syverson, on your amendment, please.

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3465. Senator Syverson.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) 60  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Okay, Senator Syverson, here we go on Senate Bill 3465. Senator Syverson.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 3465 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 Yea, 0 voting Nay, 0 voting Present. Senate Bill 3465, having received the required constitutional majority, is declared passed. Senator Dillard, on Senate Bill 3468. The gentleman indicates he wish to proceed. Please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Dillard.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall Senate Bill 3468 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Yea, 0 voting Nay, 0 voting Present. Senate Bill 3468, having received the required constitutional majority, is declared passed. Senator Dillard, on Senate Bill 3469. Please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Dillard.

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

To the -- to the bill, Madam President.

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

I'd like to thank Senator Dillard for bringing this forward. It is a - well, he calls it a scourge - it is actually becoming a huge epidemic out in DuPage County. It's becoming a huge epidemic throughout this State. So any -- any opportunity we have to be more aggressive on it; any opportunity we have to give our State's Attorneys more power. I thank Senator Dillard for bringing this forward and I -- I ask for an Aye vote as well.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Seeing none, the question is, shall Senate Bill 3469 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 63  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 question, there are 57 voting Yea, 0 voting Nay, 0 voting Present. Senate Bill 3469, having received the required constitutional majority, is declared passed. Senator LaHood, on 3471. Out of the record. Senator Tony Muñoz. Senator Muñoz, on Senate Bill 3476. Senator Muñoz. Out of the record. Senator Muñoz, on Senate Bill 3478. Senator Muñoz, on Senate Bill 3478. Out of the record. Senator Martinez, on Senate Bill 3486. Senator Martinez. Out of the record. Senator Muñoz, on Senate Bill 3509. Senator Muñoz. Out of the record. Senator Manar, on Senate Bill 3512. Senator Manar. Out of the record. Senator Althoff. Senator Althoff seeks leave of the Body to return Senate Bill 3513 to the Order of 2nd Reading. Leave is granted. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Althoff.

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3513. Mr. Secretary, please read the lady's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Althoff.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall Senate Bill 3513 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Yea, 0 voting Nay, 0 voting Present. Senate Bill 3513, having received the required constitutional 65  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 majority, is declared passed. Senator Holmes. Senator Holmes seeks leave of the Body to return Senate Bill 3514 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 3514. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Holmes, on the amendment.

It's just allowing a one-time seven-day extension for selecting a neutral interest arbitration chairman. But the rest is incorporated in the bill. I can explain it on 3rd.

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3514. Please read the lady's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Holmes. 66  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

The -- the bill makes two changes to the Illinois Public Labor Relations Act and one change to the Minimum Wage Law. First, the bill prevents rival unions from filing election petitions after an interest arbitrator has been appointed. Currently, the rival unions can file a petition between ninety and sixty days prior to the expiration of a labor contract as well as after the expiration of a contract during interest arbitration. And often that process is costly, and if union representation changes in mid-arbitration, it voids the award. Second, the bill changes the interest arbitrator's selection process, allowing parties to agree to an arbitrator or the board will select an impartial arbitrator. And, finally, the bill adds an exemption to the overtime compensation portion of the Minimum Wage Law for employees whose union has agreed to an alternate shift schedule as allowed by the Fair Labor Standards Act.

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

Question of the sponsor.

PRESIDING OFFICER: (SENATOR LIGHTFORD) The sponsor indicates she will yield. Senator Raoul.

Senator Holmes, I note that Senator Righter is your cosponsor, chief cosponsor, on this bill, so he probably won’t be asking you any questions on this. So I want you to walk me along a little bit as to what this bill really does. Take me on a -- take me on a walk and explain to me what this bill really does. 67  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Holmes.

Senator, I'm going to walk you outside the Chamber and push you down the stairs. Are there any further questions?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any further discussion? Any walking through? Seeing none, the question is, shall Senate Bill 3514 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 Yea, 0 voting Nay, 0 voting Present. Senate Bill 3514, having received the required constitutional majority, is declared passed. Senator Hunter, on Senate Bill -- Senator Hunter seeks leave of the Body to return Senate Bill 3521 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 3521. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hunter.

Thank you, Madam President. Senate Bill 3521 creates the Illinois Young Adult Recreation Corps and it defines the responsibilities and qualifications for those participating in the program under the Illinois Veteran, Youth, and Young Adult Conservation Jobs Act. And I would ask for an Aye vote. And know of no… 68  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3521. Mr. Secretary, please read the lady's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hunter.

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 3521 pass. All those in favor will say {sic} Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Yea, 0 voting Nay, 2 voting Present. Senate Bill 3521, having received the required constitutional majority, is declared passed. Senator Hunter, on Senate Bill 3522. Out of the record. Ladies and Gentlemen of the Senate, please turn your Calendars to the top of page 12, the top of page 12 on Senate Bill {sic} 3rd Readings. Senator Stadelman, on Senate Bill 3530. Senator Stadelman, on 69  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Senate Bill 3530. The gentleman indicates he wish to proceed. Please read the bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Stadelman.

Thank you, Madam President, Members of the Senate. 3530 is a shell bill. Discussions with all the stakeholders continue on legislation called workshare legislation. For those who are not familiar, workshare basically allows businesses more flexibility during an economic downturn. Instead of laying off an employee, businesses would be able to simply reduce hours, and those employees would be able to work at reduced hours and still collect unemployment benefits but, obviously, at a reduced rate. In other states, this has been passed with bipartisan efforts and both business and labor have been supportive. It was my intent to have an agreement by now and obviously been at a committee level, but we're running into a deadline, so I'd appreciate your opportunity to move this forward. Discussions will last probably a couple more weeks as far as language and specifics of the bill. But I ask for an Aye vote. I'm trying to move this out to allow us to continue discussions.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Senator McCarter, for what purpose do you rise? SENATOR McCARTER: 70  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 A question of the sponsor, please.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Sponsor indicates he'll yield. Senator McCarter. SENATOR McCARTER: Senator, I mean, these issues are very important to all employees and employers. Why wouldn't you just extend the deadline or -- request that the deadline be extended on this so we can have something in our -- in -- in our understanding to go over to the House?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Stadelman.

Well, I feel we're very close and so this -- it was suggested this would be the best vehicle to move forward this bill and they will add the language on and obviously be able to come back here in the Senate.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McCarter. SENATOR McCARTER: Senator, are you -- are you -- on a -- on a separate issue, are you aware that three years ago that there was a decision made, an agreement, that there would be no reforms to unemployment insurance for five years?

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Stadelman.

Ah, yes, I am. And obviously this would be a part of an agreed bill process as well. I guess the situation with this particular bill is a timing factor as well. We need to pass 71  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 legislation in this State by the end of the year to take advantage of roughly four million dollars that the federal government is providing for IDES to implement this program. So there's an urgency to get something accomplished this year and won't be able to wait until that period has ended.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McCarter. SENATOR McCARTER: To the bill. Ladies and Gentlemen, this is -- the agreed bill process doesn’t nullify the agreement that you’re not going to make reforms to unemployment insurance for five years. For the last three years, I put five bills on the table that would significantly reform unemployment insurance in this State and make us competitive with the neighboring states. Most already have it, but we put a moratorium of five years on reforms; yet we're going to pass a shell bill for a potential reform through this house. I -- I -- it seems just a little hypocritical to do this. Folks, let's take this seriously and -- and address these bills. If you don’t like 'em, that's fine, but hear the bills. If we're saying we're not going to wait five years now, and we're -- and we're going to let this go, it would have been better if we had something to vote on and then we could have sent it over. But if we're going to start this clock again, let's -- and -- and the five years is up, please, hear real reforms. If you don’t like 'em, vote 'em down, but at least hear 'em for the sake of employers and employees in this State.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Stadelman, to close.

72  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 This is obviously a win-win for employers and businesses and -- and employees, and I feel this will be an agreed bill process. Again, I just -- the point, it needs to be -- just a timing fact here. Legislation needs to move out of here by the end of the year to take advantage of millions -- millions of dollars from the federal government to implement this program. So I just urge an Aye vote.

PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall Senate Bill 3530 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 39 voting Yea, 17 voting Nay, 2 voting Present. Senate Bill 3530, having received the required constitutional majority, is declared passed. Senator Sandoval, on Senate Bill 3538. Senator Sandoval. Out of the record. Senator Harmon, on Senate Bill 3548. Senator Harmon. Out of the record. Senator Trotter, on Senate Bill 3557. Leader Trotter indicates he wish to proceed. Please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Leader Trotter.

…very much, Mr. {sic} President, Members of the Senate. Senate Bill 3557 requires every person conducting business under an assumed name in a county with more than four million inhabitants 73  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 to file for a renewal of that certificate every five years and pay a twenty-five-dollar renewal fee. All certificates on record would be required to renew after that five-year effective date {sic} in this amendment. This is an initiative by Cook County Clerk David Orr for him to clean his files. Since the Act was enacted in 1941, over five hundred thousand individuals have registered in Cook County. Many of those individuals are deceased. This would be a great opportunity -- give them the opportunity to clean up their files if this is passed.

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

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Trotter.

Senator, to my knowledge, they were not a new set of fees. There's already a fee that is required with any filing. The twenty-five-dollar fee is -- is a fee that the -- Cook County has agreed upon. It is a fee that they pay now. In this instance, instead of paying it one time and -- and that one fee being in 74  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 perpetuity, it says that you have to pay this fee every five years to do the work.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.

PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Trotter.

No, it is not, and if I may elaborate, the deal is, is we haven’t created anything new. But, again, we've asked our governments to become much more streamlined so that in effect that they can operate much better. Again, since 1941, the -- this signing up for your business with the Cook County Clerk's Office has been a process that's been there. Cook County, which is its own entity and -- and, along with the City of Chicago, has home rule powers, have opted to charge twenty-five dollars. As you pointed, it's the same twenty-five dollars, but those individuals -- instead of having a data system that's full of names of people who have died since 1941, this will allow them to streamline that operation so that they can conduct business better in the County of Cook. The option is on any other county to do it as well.

PRESIDING OFFICER: (SENATOR LIGHTFORD) 75  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Senator Righter.

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

PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you for silence in the Chamber, finally, after hours. Senator Trotter, to close.

You know, for individuals who really believe that government has a responsibility to be -- to -- to help them transact their business, this is a -- a good law. This cleans up the records. So those individuals who have Joe's Wrecking Service and there may 76  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 be four other Joe's Wrecking Services on the books because the other three or four Joes have died, this cleans up that record so, in fact, as you're doing business in -- in Cook County, where I'm a taxpayer, that it -- it's a -- a system that our Cook County Clerk believes will make him more efficient and it makes us, again, more business friendly. So I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall Senate Bill 3557 pass. All those in favor will say Aye -- vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 40 voting Yea, 17 voting Nay, 0 voting Present. Senate Bill 3557, having received the required constitutional majority, is declared passed. Senator Silverstein in the Chair.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) With leave of the Body, we're going to go back to Senate Bill 3548. Senator Harmon, on Senate Bill 3548. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Harmon.

Thank you, Mr. President. Just a parliamentary inquiry - we did adopt the committee amendment, is that correct? Thank you. The bill, as amended -- well, last year, we passed a bill to create the Elmwood Park Grade Separation Authority to deal with the second 77  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 most dangerous railroad grade crossing in the State. This is a trailer bill to cure some technical deficiencies and to -- to remove some lingering angst over how it was structured. I am not aware of firm opposition. The Railroad Association still has some reservations, but was very helpful in -- in allowing us to put together this package. I ask for your Aye votes.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Any questions? If not, the question is, shall Senate Bill 3548 pass. All those -- any discussions? If not, question is, shall Senate Bill 3548 pass. All those in favor will vote Yea. 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 50 Aye -- voting Aye, 5 voting Nay, and 0 voting Present, and the bill will be reported as passed. Senate Bill 3558. Senator Hutchinson. Do you wish to proceed? Senator Hutchinson seeks leave of the Body to return Senate Bill 3558 to the Order of 2nd Reading. Leave is granted. On that Order, 2nd Reading, Senate Bill 3558. Mr. Secretary, is there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Hutchinson.

Thank you, Mr. President, Members of the Senate. This is an integral part of the underlying bill, but all the amendment does is maintain the purpose of the Act and make clear where these fines go. And I can discuss the rest of the Act on 3rd. 78  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Is there any discussion? If -- all those in favor, vote {sic} Yea. Opposed, Nay. The Ayes have it, and -- and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Senator Hutchinson, on Senate Bill 3558. Do you wish to proceed? Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Hutchinson.

Thank you, Mr. President and Members of the Senate. Senate Bill 3558, as amended, creates the Specialized Services of -- for Survivors of Human Trafficking Fund from which the Department of Human Services will make grants to provide specialized services to needs associated with prostitution and human trafficking. The Fund will receive moneys from fees and forfeiture penalties already assessed to offenders of prostitution and human trafficking offenses. Senate Bill 3558 provides that a minor engaged in prostitution cannot be charged with the offense of solicitation of a sex act. The bill also provides that a person cannot be charged with solicitation of a sex act if the -- if the underlying sex act is of the person's own act of prostitution. I would ask for your 79  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 support, but I'm happy to answer any questions.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Is there any discussion? Senator Hutchinson, to close? The question is, shall Senate Bill -- 3558 pass. All those in favor, vote Yea. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. The question -- on that question, there are 55 -- 57 voting Aye, no voting Nay, no voting Present. And Senate Bill 3558, receiving the constitutional required amounts of majority, is passed. Senator Rezin, what purpose do you rise?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) The record will so reflect. Thank you.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Harmon, on Senate Bill 3566. On {sic} the record. Senator Sandoval, on Senate Bill 3574. Do you wish to proceed? Senator Sandoval, do you wish to proceed? Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Sandoval.

80  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Thank you, Mr. President, Members of the Senate. Senate Bill 3574 is -- is an agreement with the Illinois Department of Transportation and the Illinois State Police, who have now gone neutral on this bill. And Senate Bill 3574 is a -- a bill that provides motor carriers that employ natural gas vehicles are entitled to a refund on sales tax paid under the Motor Fuel Tax Law equal to twelve percent of the taxes paid on the purchase of natural gas. This amends the Illinois Vehicle Code. And I ask a favorable vote.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Any questions? Any discussions? Is there any discussion? If not, the question is, shall Senate Bill 3574 -- all those in favor will vote Yea. 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, no voting Nay, and the -- and the -- the bill, receiving the required constitutional majority, is hereby class -- passed. Senator McCann, what reason do you rise? SENATOR McCANN: Thank you, Mr. President. I would like the record to reflect that my intention was to vote Yes on Senate Bill 3548, please.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) The record will so reflect. Senator LaHood, what purpose do you rise? SENATOR LaHOOD: Thank you, Mr. President. I would like the record to reflect my intent to vote No on SB 3412. Thank you.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Record will so reflect. Thank you. We're going to start 81  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 again on page 2. Senate Bill 68. Senator Lightford. On {sic} the record. Senate Bill 121. Senator Hunter. Senator Hunter. On {sic} the record. Senate Bill 122. Senator Raoul. Do you wish to proceed? Senate Bill 122. Mr. -- Mr. -- Senator -- Senator Raoul seeks leave of the Body to return Senate Bill 122 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading, Senate Bill 122. Mr. Secretary, has there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Raoul.

Floor Amendment 1 becomes the bill. I'll explain it on 3rd.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Is there any discussions? If not, all those in favor, vote {sic} Yea. Vote {sic} Nay. The Ayes have it, and the amendment is adopted. Now -- is there any further amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Mr. Secretary, on the Order of 3rd Reading, Senate Bill 122. Please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 82  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Senator Raoul.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 122 amends the Business Enterprise for Minorities, Females, and Persons with Disabilities Act. It removes language which allows a business concern fifty-one percent owned by any combination of minorities, females, or persons with a disability to satisfy the purpose of the Act. This -- this is an issue that was brought to my attention during a diversity hearing that we had in December, where there were business entities representing themselves as minority businesses that did not have a fifty-one - - over fifty percent controlling interest. It is my belief that this State embraces a philosophy that if one is to represent themselves as a woman-owned business, that women should have a controlling interest in the business; if one is to represent themselves as a disability-owned business, that owners with a disability should have a controlling interest; and, likewise, if one is to represent themselves as a minority business, a minority should have a controlling interest of the business. And this would fix that flaw in our -- in -- in the -- in our Act.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you. Senator McCarter, what purpose do you rise? SENATOR McCARTER: Question of the sponsor.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Sponsor says he'll yield. SENATOR McCARTER: Senator, why is it that a combination of these qualified people is not acceptable? 83  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Raoul.

It's not acceptable to characterize a minority-owned business -- I could give you a hypothetical. Under the existing law, you can have something that would be characterized as a minority-owned business that would only be eighteen percent owned by a minority. If you combine it with a seventeen percent ownership by a non- minority with a disability and a seventeen percent interest by a woman that's a non-minority, and because that eighteen percent is more than the -- the seventeen percent, the combination thereof would have us, under the current statute, allow that business to represent themselves as a minority-owned business. We have criminal law that goes after businesses that falsely represent themselves as minority-owned businesses, yet our statute allows for a combination to -- to create that scenario. And the same would exist for a woman-owned business. You could have potentially something that -- a business that would represent themselves as a woman-owned business that would only be eighteen percent owned by a woman.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator McCarter. SENATOR McCARTER: I -- yeah, and I -- I don’t think we want anyone to be allowed to misrepresent. I mean, I think that's -- no -- you know, no one wants that to happen, but what happens -- and -- and I -- and perhaps you've written this into the bill, what happens to existing contracts that don't qualify under this new definition?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 84  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Senator Raoul.

I -- I think a contract is a contract. So somebody who has entered into a contract, has a contract. Going forward, nobody will be -- would be able to represent themselves as a minority- owned business or as a woman-owned business, unless they would have that majority.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator McCarter. SENATOR McCARTER: Even -- even if there's renewal clauses in the contract, you would disqualify them?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Raoul.

Wouldn't count an entity that is not a minority-owned business as a minority-owned business. I mean, it's -- I think it's fundamental that when you think of a business that you would qualify as a woman-owned business that you would have woman ownership as a controlling interest of that business, and I don't think our State should -- should create within its statute an ability to do otherwise.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator LaHood, what purpose do you rise? SENATOR LaHOOD: Question of the sponsor.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Sponsor said he'll yield. SENATOR LaHOOD: 85  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Thank you. Thank you, Mr. President. Senator Raoul, I was confused a little bit when we were in committee on this yesterday and I know you've tried to help clarify that, but let me ask you this. How many current businesses, with -- with this, would -- would this disqualify that are currently in the pool? Do you know?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Raoul.

I -- I do not know.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator LaHood. SENATOR LaHOOD: Is there any that are affected?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Raoul.

Oh, yeah. I'm -- I'm certain that there is. In fact, again, this was brought to our attention during a -- a diversity hearing that we had with regards to -- that we have annually with regards to pension fund investments with women-owned and minority-owned business -- businesses. There was a business -- and I don't want to name the specific business, 'cause I don’t want to make this legislation targeted towards any particular business, but there was a business that was characterizing themselves as a minority- owned business that wasn't majority-owned by a minority.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator LaHood. SENATOR LaHOOD: So -- so in terms of statistics or the number of businesses 86  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 that are affected within the current pool, you don’t have that here today. Is that fair?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Raoul.

Yes, that's absolutely fair. And that's what we want to know. And -- and it's a -- it's -- it's a matter of the statistics. When -- when it's represented that the State or an entity is doing so much business with minority-owned businesses, we want to know that those numbers are real. We don't want puffed numbers.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator LaHood. SENATOR LaHOOD: And I guess having that information beforehand on how that would be affected and the ramifications and the number of businesses, I think that information would have been helpful as part of this debate, in committee and here, is all I'm saying. Those are all my questions. Thank you.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) No other questions, Senator Raoul, to close.

I -- I would love to have that information as well. I have no way of getting that information. I'm not -- you know, I don't know when somebody represents themselves as -- as an -- as an entity on what basis they're -- they're doing it. I -- I would love -- and I -- and -- and hopefully passing this legislation will get to the bottom of that. That's -- that's the purpose of this. I think it's critical that we do so. That when we represent that we're embracing the diversity of this State, we're telling 87  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 the truth. When we represent that we're engaging women-owned businesses, we're telling the truth about it, and that's what this -- this legislation is aimed at doing.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) The question is, shall Senate Bill 122 pass. All those in favor, vote Yea. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 44 Yeas, 3 voting Nays. Senate Bill 122, having received the required constitutional majority, is hereby passed. Senator -- Leader Radogno, what purpose do you rise?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) State your point.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you for your service. Let's give 'em a round of applause. Thank you. Senator Bush, on Senate Bill 217. …to proceed. Senator Bush seeks leave to return the Body -- return - - return the Body to Senate Bill 217 to the Order of 2nd Reading. 88  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Leave is granted. Now on the Order of 2nd Reading, Senate Bill 217. Mr. Secretary, is there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Bush.

Yes, I would recommend that we approve Floor Amendment 2.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Is there any discussion? If not, all those in favor vote {sic} Yea. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any other -- further Floor amendments -- Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Now on the Order of 3rd Reading, Senator Bush, on Senate Bill 217. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Bush.

Thank you, Mr. President and -- and Senators. I'm excited today to have a bill. 217 is I-STEP. I-STEP is creating the Illinois State Training and Employment (Program) Act. The program 89  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 allows IDES and DCEO to enter into an agreement with an employer that creates a new job in the State of Illinois which allows the employer to receive a credit for reimbursement of program costs. Basically, this is a work force development program. I would like to thank Democratic staff members and Republican staff for being there this morning. We continue to work on this bill. The IMA, the Illinois Retailers, and the AFL-CIO were there this morning. We have some minor changes that we are still working on. Everyone is in agreement that the bill should move forward. I would urge an Aye vote. I'd like to move SB 217 to the House. They will make amendments and send it back for concurrence. I'd be happy to answer any questions.

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

PRESIDING OFFICER: (SENATOR SILVERSTEIN) …bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) The sponsor says she'll yield.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Bush.

Sure. There's a -- a couple of concerns. One does with the certifying, and the IMA would like to have that taken out. I don’t think that's going to be an issue. There's also some concern about whether we would allow jobs to be in one part of the State, new jobs to be in another part of the State. So, I'm talking about facilities. Some question there. I think we'll arrive at agreement there. The AFL-CIO has some questions about the hundred seventy-five percent figure, which just has to do with a hundred seventy-five percent of minimum wage. So there's talk of that. And then, frankly, we brought in the Retail Merchants, because I thought it was really important to have them be part of this bill. They're very supportive, but they want to make sure that they can train people in the times that they have. The unemployment buildup, which you can imagine, is in their fourth quarter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Further questions? Senator Althoff.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Bush.

Thank you. I would like to thank my Republican and Democratic Senators that signed onto this bill. Look it, this is about jobs 91  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 in the State of Illinois. We need more worker training. We need to close the skills gap. And that's what the -- the intention is of this bill. There are several other states that do it. I would urge an Aye vote, and we need to get this done this year. Thank you so much.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you, Senator. The question is, shall Senate Bill 217 pass. All those in favor, vote Yea. 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 50 voting Aye, 6 voting Nays. And the -- the bill, receiving the -- not 2 -- and 1 voting Present. And the bill, receiving the required constitutional majority, is hereby passed. Senator Hunter, on Senate Bill 218. Senator Hunter seeks leave of the Body to return Senate Bill 218 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 218. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Hunter.

I'll explain it on 3, Senator -- Mr. President.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Any discussions? If not, those in favor, vote -- say Yea. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. On the Order of 3rd Reading… Senator Hunter, on Floor Amendment No. 2.

I'll explain it on…(microphone cutoff)…

PRESIDING OFFICER: (SENATOR SILVERSTEIN) The -- the… Okay, on Floor Amendment No. 2, there any questions? If not, those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Is there… Any other further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Hunter, on Floor Amendment No. 3.

I'll explain it on 3.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Seeing no discussion, those in favor will say Aye. Opposed, Nay. The Ayes have it. Is there any other Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. On the Order of 3rd Reading, Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Hunter.

Thank you -- thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 218 amends the Illinois Lottery Law and it creates a new lottery scratch-off ticket titled "Ticket For Recovery". The -- the proceeds of the ticket will be used for grants to public and private entities in Illinois for the purpose of supporting persons with mental health as well as substance abuse and recovery issues. I know of no opposition at this time and I would ask for an Aye vote. The -- the bill will be administered under the Division of Alcoholism and Substance Abuse and there will be a board that is put in place in order to make recommendations to the director for funding of these different programs and initiatives.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you very much. Any -- any discussion? If not, the question is, shall Senate Bill 218 pass. All those in favor vote Yea. Opposed, Nay. The voting is open. Have all…(microphone cutoff)… Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 42 Yeas, 14 Nays, no voting Present. And Senate Bill 218, having received the required constitutional majority, is hereby passed. Senate Bill 220. Senator Hastings. Senator Hastings, do you wish to proceed? Senator Hastings seeks leave of the Body to return Senate Bill 220 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 220. Mr. Secretary, are there any Floor amendments approved for consideration? 94  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Hastings.

Thank you, Mr. President. The amendment becomes the bill. I'd like to address it on 3rd Reading.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) All those -- all those in favor will say Aye. All those opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. On the Order of 3rd Reading, Senator Hastings.

Thank you, Members -- or, Mr. President, Members of the Senate. Senate Bill 220 is a recommendation of the Office of the Governor and Serve Illinois Commission. It amends the Illinois Commission on Volunteerism…

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Hastings, let's read the bill first.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Hastings.

95  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 I'm going to become the heckler of the Senate here pretty soon, Senator Silverstein. So, Senate Bill 220 amends the Illinois Commission on Volunteerism and Community Service Act to transfer the Commission from the Department of Human Services to the Department of Public Health and -- with the ability to -- subject to appropriation, to award the Illinois Service (Education) Award Grant to recipients of a national service education award created by federal law and given by the Corporation for National Community Service. There are no opponents and I'll answer any questions.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Is there any discussions? Senator Righter, what purpose do you rise?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator said he'll yield.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Hastings.

Governor Quinn had signed an Executive Order to do this and this bill codifies that.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Hastings.

Senator, to -- to move from the agency is to more effectively address the programmatic function as outlined in the Illinois Commission on Volunteerism and Community Service Act.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Hastings.

Thank you, Mr. President. These are grants given to those who work for organizations like AmeriCorps.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Hastings.

Senator Righter, those grants will be used for education 97  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 purposes, such as student loans.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Hastings.

This just applies to AmeriCorps, and under the -- so Senate Bill 220 permits the Illinois Service Education (Award) Grant to be used for the repayment of student loans, higher education expenses, an approved school-to-work program, and any other legal purpose. Under the AmeriCorps program, each participant earns a federal education award following the completion of his or her service. The grant award is based on, obviously, the hours of her service, or his service, and is prohibited from exceeding the Pell Grant award. Although there's language in Senate Bill 220 for matching grants, the Commission indicates that they don't anticipate requesting any State funds that cover the matching grants. They contend that the language is in the bill for whether -- or, when either federal or State funds become available. Generally, the AmeriCorps participant earns approximately three thousand one hundred and nine dollars for each year of service, and currently there's thirty-seven hundred participants in Illinois.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 98  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Hastings.

Senator Righter, an example would be a work training program.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Hastings.

Senator Righter, it doesn't say specifically in the bill of any other training purposes. Any other legal purpose, such as a work training program, I feel is sufficient enough.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Hastings.

No.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Hastings.

It's not included in the bill, Senator Righter, right now. Is that specific language? I mean, I would appreciate it if before the bill was called that you would meet with me in regards to language regarding this. Is there a reason why this comes up now or why you're concerned about it now?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) State your inquiry.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Um, I think you can look at wilg.gov {sic} to find out what 100  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 that answer is. Any -- any other questions to the bill, Senator Righter?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Hastings.

Appreciate the Senator's question and I can tell you that this bill is to help those who serve in AmeriCorps in a -- in a volunteer situation. If you want to make this a political debate of -- of who's running for Governor and who's -- you know, whether or not he's going to advertise himself, that's not the purpose of this bill, Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) To the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Hastings, to close.

I am extremely disappointed by Senator Righter for saying what he said. This is a great program for great people in Illinois. It helps young people repay student loans, higher education expenses. This isn’t used for a political debate. The Director of Serve Illinois Commission, who I served with in Iraq, who graduated from a fine military academy that I went to, I know that he has the -- the best intentions for this program and his staff works its tail off to make this a great program, and for Senator Righter to sit here and question whether or not Governor Quinn's going to use this as a marketing campaign in a program that he may not agree with, I find that very troublesome and unprofessional. And I urge an Aye vote. Thank you very much.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) The question is, shall Senate 220 pass. All those in favor, vote Yea. 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 43 Ayes, 14 Nays. Senate Bill 220, having received the required constitutional majority, is declared passed. Senator Sullivan, what purpose do you rise?

Thank you, Mr. President. A point of personal privilege.

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

Thank you. Ladies and Gentlemen, I have three guests with 103  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 me. Today is U of I, University of Illinois, Lobby Day, all three campuses, and I have three young men behind me that are students at -- at the University of Illinois in Champaign-Urbana. Yes, you know one of 'em very well. Lucas Frye, over to the right, is a junior in -- in Ag finance. He's from Easton, Illinois, which is in Mason County in my district, Senate district. Maverick Woodside is in the middle. He's a junior in horticulture. He's from Schuyler County, my home county. And then the -- the small guy to my left is my son, Mark Sullivan. He's a senior, majoring in Ag business. And I know there's a lot of other U of I kids around the Capitol here today, but I'd like all of us to join in -- in welcoming at least these three here to the Illinois Senate today.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Let's send -- give 'em a warm welcome. Senator Martinez, on Senate Bill 221. Do you wish to proceed? Senator Martinez seeks leave of the Body to return Senate Bill 221 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 221. Mr. Secretary, has there been any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Martinez.

This is a gut and replace and I will speak more on it on 3rd Reading.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Any discussion? If not, those in favor will vote -- say -- say Yea. Opposed, Nay. The Ayes have it. The amendment is 104  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 adopted. Are there any other further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. On the -- on the Order of 3rd Reading, Senator Martinez, on Senate Bill 221. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Martinez.

Thank you, Mr. President, Members of the Senate. This amendment affects the Public Aid Code and requires all Managed Care Entities, MCOs and ACEs, to -- participating in the Medicaid managed care to develop language access policy. Each policy shall guide the MCE in assessing what the language needs are for the population it serves, what steps need to be taken to fulfill these needs, and the method by which it should train employees to achieve reaching these needs. This language was negotiated and agreed to by the Latino Family Commission and the Association of Medicaid Health Plans. There is no opposition to this bill and I'll be happy to answer any question.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) There any discussion? Seeing no discussion, the question is, shall Senate Bill 221 pass. All those in favor, vote Yea. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted 105  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Yea, no voting Nay. Senate Bills {sic} 221, having received the required constitutional majority, is hereby class -- passed. Senate Bill 223. Senator Martinez. Do you wish to proceed? No. On {sic} the record. Senator Frerichs. Senate Bill 226. On {sic} the record. Senator Hunter, on Senate Bill 227. On {sic} the record. Senator -- 229. Senator Delgado. Senator Delgado. On {sic} the record. Senator Manar. Senate Bill 230. On {sic} the record. Senator Koehler, on Senate Bill 231. Senator Manar {sic} seeks leave of the Body to return Senate Bill 231 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 231. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Koehler.

Thank you, Mr. President. It becomes the bill. I'll discuss it on 3rd.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Is there any discussion? If not, all -- Senator LaHood, did you… Okay. There any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Is there any other further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 106  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 3rd Reading. Now on the issue of 3rd Reading, Mr. -- Senator, do you wish to proceed? Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Koehler.

Thank you, Mr. President, Members of the Senate. This bill allows the Emergency Management Agency, under certain circumstances, to provide disaster assistant {sic} (assistance) grants through the newly created Disaster Assistance to Local Governments Funds {sic} (Fund). This is a bill that's important to a number of us in Central Illinois because of the recent tornadoes that took place. And I want to thank my colleagues, Senator LaHood, Frerichs, Brady and McCann, for cosponsoring this, because we know what kind of a devastating effect disasters have on our communities. I will say this, that the bill is still in process. We’re all working on it to really pinpoint, you know, how this is going to work, and so we want to pass it to the House and then continue those discussions. In particular, I want to thank Senator Brady for some creative ideas that -- that we want to pursue on this. But I'll be happy to answer any questions.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator LaHood, what purpose do you rise? SENATOR LaHOOD: Thank you, Mr. President. To the bill. I -- I would just echo the comments of Senator Koehler. Obviously, with the disaster 107  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 with the tornado that occurred in Central Illinois and many other places in the State, trying to figure out a mechanism for how we fund disasters is really the genesis -- how -- of how this began. And as many of you know, we applied twice with the feds for the disaster and were shut down both times and there was a lot of frustration with that, and out of that, we tried to figure out kind of a template or a formula for how we deal with future disasters. And so the working group that we had with IEMA and Director Monken, Senator Koehler, Members in the House, bipartisan, bicameral, working together to try to come up with a solution, and that's where we ended up with this bill. But there is still work to be done, particularly in the House, and I look forward to continuing those discussions as we work towards a resolution. So, you know, with this disaster, something positive and good could come out of this, so when a future disaster happens, we have this formula in place to help assist communities. Thank you.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Brady, what purpose do you rise?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Rose, what purpose do you rise?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) To the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Koehler, to close.

Just thank you to all the colleagues that spoke. I will just mention that in a bipartisan way, our U.S. Senators, Senator Durbin and Senator Kirk, are also working to help get some of the regulations and the criteria changed for FEMA, but I -- I certainly would appreciate an Aye vote.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Being no further question, the question -- discussion, the question is, shall Senate Bill 231 pass. All those in favor, vote Yea. The voting -- and opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take -- take the record. On that question, there are 55 {sic} (58) Ayes, no voting Nay. Senate Bill 231, having received the required constitutional majority, is hereby -- passed. Senate Bill -- oh! 348. Senator Harmon. Do you wish to proceed? Senator Harmon seeks leave of the Body to return Senate Bill 348 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 348. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Harmon.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. The amendment becomes the bill. I move for its adoption.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Seeing no discussion, all those in favor will say Aye. Opposed, Nay. The amendment -- the Ayes have it. The amendment is adopted. Are there any other Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. On the Order of 3rd Reading, Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Harmon.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. You -- you may recall we entertained several curative measures for referendum questions asked by local governments that did not result in the amount of money they were anticipating. And that was because they asked for an increase in the rate which, when applied to a declining equalized assessed value, did not produce the revenue. It works the other direction as well. One of the school 111  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 districts in my district passed a referendum and ended up with a -- an enormous surplus, because of the way the question is asked. This bill would offer a new way of asking the question where the taxing body asks for a specific dollar amount, rather than an increase in the rate, and then the rate is calculated by virtue of the dollar amount. We passed a very similar bill last year. In that bill, we replaced the existing referendum question with this one. That caused some consternation for some school districts. So this time we're simply adding a second way of asking the question. I hope the taxing bodies will take us up on the offer. I'm not aware of any opposition and I ask for your Aye votes.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Seeing no other question -- no -- no discussion, the question is, shall Senate Bill 348 pass. All those in favor, vote Yea. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, no voting Nay. And -- I'm sorry, 57 voting Aye, no voting Nay. And Senate Bill 348, having received the required constitutional majority, is hereby passed. Senator Clayborne, on Senate Bill 452. Do you wish to proceed? Mr. -- Mr. Secretary, Senator Clayborne seeks leave of the Body to return Senate Bill 452 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 452. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Clayborne. 112  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

Thank you. I -- I -- the amendment just creates transparency with who the pension funds are -- are contracting with.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) This would be Floor Amendment No. 1. Is that correct, Mr. - - Senator Sullivan {sic}?

Yes. We have to -- there's -- there are two of 'em. This one is 1.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Okay. All those in favor vote Nay {sic}. The opposed, Nay. The Ayes have it, and the Floor -- and Floor Amendment No. 1 is adopted. Are there any other Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Clayborne, on Floor Amendment No. 2.

Basically, it's a cleanup of No. -- No. 1.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Is there any discussion? No discussion. Those in favor, vote {sic} Yea. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any Floor amendments -- Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 113  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 452. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Clayborne.

Thank you -- thank you, Mr. President, Members of the Senate. Senate Bill 452 just creates transparency within the pension funds on who they are contracting with to provide who -- who they're making allocations with to invest our money in our pension system. It just requires them to disclose their senior staff and percentage of minority, female, and persons with disability in contracting, as well as investment services, consulting services, professional service and artistic services. I would ask for your favorable vote.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Is there any discussion? Seeing no discussion, the question is, shall Senate Bill 452 pass. All those in favor, vote Yea. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 -- 58 voting Aye, no voting Nay. And Senate Bill 452, having received the required constitutional majority, is hereby passed. Senate Bill 504. Senator Mulroe. On {sic} the record. Senator -- Senate Bill 50 Senator -- 507. Senator Koehler. Do you wish to proceed? Senator Koehler wishes to proceed. Senator Koehler seeks leave of the Body to return Senate Bill 507 to the Order of 2nd Reading. Leave is granted. 114  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 On the Order of 2nd Reading is Senate Bill 507. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Koehler.

Thank you, Mr. President. This becomes the bill. I'll be happy to discuss it on 3rd.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Seeing no -- no -- any -- any discussion? Seeing no discussion, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Is there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Now on the Order of 3rd Reading, Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Koehler.

Thank you, Mr. President, Members of the Senate. This is a bill that comes to us by the way of City of Peoria. And this was at their legislative breakfast that they had with us and this is 115  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 something that we are sponsoring as a bipartisan group out of the Peoria area. This would allow the city and the county to enter into an agreement to put the garbage fee on the property tax bill. Currently, the City of Peoria sends out a bill just to the residents and they have no mechanism to collect it if somebody doesn’t want to pay it and they can’t really not collect the garbage, so this would help in terms of enforcement.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator McCarter, what purpose do you rise? SENATOR McCARTER: A question of the sponsor, please.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Sponsor says he'll yield. SENATOR McCARTER: Senator Koehler, I -- we didn't have a -- I think, a long enough discussion about this in the committee the other day, because I -- afterwards I talked to a few people and -- and I was trying to figure out what you were trying to fix and I understand - and -- and correct if I'm wrong - the problem is that the -- the city is the provider of trash collection and sometimes people don’t pay their bill and, unlike a private contractor, trash collector, they can’t just cut them off, because the trash would build up. Right? Why then wouldn’t, as a remedy to this, much more simple than running a bill through the, you know, the legislative process, wouldn’t the city just pass an agreement to -- or a -- a local statute, whatever, to impose a fine for the same amount or more than the trash collection? And then you pick it up.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Koehler. 116  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

Well, primarily because, one, people aren't paying it now. What -- what would be the incentive to pay the fine? They would just probably pay the -- pay the bill. Secondly, what this does is it allows them to really place a lien on the property if it's -- if it's not paid. So, the City of Peoria, again, this is a -- an option for them. They needed enabling legislation to do this, so our delegation, Senator LaHood and myself and Representative Leitch and Gordon, agreed that we would carry this bill and allow the city the option to enter into those discussions with the county.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator McCarter. SENATOR McCARTER: To the bill. I -- I just think there's a -- a simpler way to do it. That's all. I think, you know, the city can place a lien as well and it doesn’t seem like we need to take this through the legislative process. Thank you.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator LaHood, what purpose do you rise? SENATOR LaHOOD: Thank you, Mr. President. To the bill. And I understand Senator McCarter's concerns on this and Senator Koehler is -- is correct. This was something that was brought to us by the City of Peoria to address a issue they have there. It has the support of the city in terms of giving the city the ability to make this process easier, and I'm supportive of it, as are my Republican and Democratic colleagues in the House also from the Peoria area. Thank you. 117  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Seeing no discussion, Senator Koehler, to close.

Just ask for your Aye vote. Thank you.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Question is, shall Senate Bill 507 pass. All those in favor, vote Yea. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, no voting Nay. Senate Bill 507, having received the required constitutional majority, is hereby passed. Senator Muñoz, what purpose do you rise? SENATOR MUÑOZ: Thank you, Mr. President. Point of personal privilege.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Please state your point. SENATOR MUÑOZ: With us in the gallery here, we have the Illinois State Ambulance Association. I'd like to welcome 'em to the Senate. And, also, their event is tonight - they're inviting everyone - at Saputo's from 5 to 8.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Please welcome 'em to the Senate. Let's give 'em a rousing applause. Thank you. Continuing on, on Senate Bill 585. Senator Sullivan. On {sic} the record. Senator Oberweis, what purpose do you rise?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) The record will so reflect. Senator Kotowski, on Senate Bill 640. Senator Kotowski. On {sic} the record. Messages from the House.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Back on the Order of 3rd Reading, Senate Bill 642. Senator Martinez. Do you wish to proceed? Senator Martinez wishes to proceed. Senator Martinez leaves -- seeks leave of the Body to return Senate Bill 642 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 642. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Martinez.

119  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 It deletes the -- the -- all and becomes the bill and I'll be happy to discuss it on 3rd Reading.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Seeing no discussion, all those in favor will vote Yea. Opposed, Nay. The Ayes have it. The amendment is adopted. Any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 642. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Martinez.

Thank you, Mr. President and Members of the Senate. Senate Bill 642 amends the Department of Professional Regulation Law of the Civil Administration {sic} (Administrative) Code so as to allow some health care workers who have had their license revoked the ability to petition the Department of Professional -- Financial and Professional Regulations {sic} (Regulation) to restore their license. The ability to petition the Department to restore a license does not apply to anyone who has committed any sex crime or -- who requires registration as a sex offender as part of his or her sentence. The Department may refuse to restore any license which has been revoked and must take into account factors, such as 120  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 the seriousness of the crime, prior disciplinary action by or -- any state or federal agency, and the date of conviction, among others, when considering the restoration of the license. And I'll be happy to answer any questions.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter, what purpose do you rise? Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Sponsor said she'll yield.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Martinez.

Back in 2011, when the law that was passed here was -- it -- it encompassed everything that was going on to -- to address the issue about some of these sex acts against the physicians and some of these health care workers. What happens now is that as some of these individuals are coming back for -- renewing their licenses, they are -- are actually having some of their licenses revoked based on maybe something that might have happened back in, you know, in -- in their -- in their -- in their lifetime, and that's why we're trying to help those workers that right now are facing that revoked license because of something they might have done, you know, ten or fifteen/twenty years ago. But this -- I want to 121  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 make sure it's real clear, this has got nothing to do with any kind of sex crimes or -- or any kind of acts against, you know, a patient.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Martinez.

I -- I had a constituent that came to my office who -- about fifteen years ago, he -- he committed a crime, but it was -- he had a -- a sawed-off shotgun in his house and there was a raid in the building and so what happened was that he had a felony attached and he served a couple of years. So now, you know, fifteen years later, he has turned his life around. He is actually a respiratory therapist. And so when they were -- when this law passed, just recently, as he came to renew his license, what happened was that he was not able to renew his license based on the fact that under the forcible felony that particular crime did take place.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Martinez. 122  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

It is a forcible felony. As you can see further into the bill, we have the Department looking at ways to restore some of this -- these licenses, which is the seriousness of the offense, presence of multiple offenses, prior disciplinary history. So it goes on and on and on on the list that the Department will look at to make sure that there is nonviolent -- that they're nonviolent, that there is, you know -- in a case with murder, they will never get that license ever.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Martinez.

Well, if somebody was convicted of murder, they don’t qualify for a license.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 123  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Martinez.

You're correct in that sense, but, you know, we're giving -- we're giving the Department an opportunity to look at some of these cases as -- as these renewals start coming, to make sure that we are -- are -- and they will look at the seriousness of the crime to decide whether this individual does have a -- a serious crime where there was -- you know, where there was violence or whatever. What we're trying to do here is at least offer an opportunity right now to those individuals that might have had snow -- thrown a snowball or a bar fight that have a felony that they might have done, you know -- I mean, back -- ten/fifteen years ago and now, you know, these individuals when they actually had the -- became professionals in their -- in their -- in the -- in the profession that they chose. Now they actually are coming in. They have to do a background check on them anyway as they are -- are applying for their licenses. Now, the law that we passed in 2011, where we're trying to capture those sex offenders or people who are on a sex registry or, you know, any violent offender, as they -- as these individuals are now coming back to get their licenses, now 124  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 we are -- are seeing that, you know, they're -- they're caught up -- they're caught up in the same felony -- forcible felony that they, you know, are -- are being judged as. And so we're asking the Department to take a look at every individual who is coming up for renewal who they believe, you know, has a revoked license to come back and be able to at least get an opportunity to get in front of the Department and talk about what happened and how -- how their -- their crime did occur.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter. To the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Dillard, what purpose do you rise?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you. Senator Raoul, what purpose do you rise?

To the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) To the bill.

You know, I -- I was just, moments ago, having a conversation with a colleague on the other side of the aisle about restorative justice and how Republicans across the country are taking the lead 126  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 on restorative justice. And I want to go towards part of the conversation that was being had about some of the more serious crimes, forcible felonies. Oftentimes we judge forever based upon a label of somebody being found guilty of a forcible felony. In our criminal law, we have theories of the felony murder rule. We have accountability. We have situations that don’t make all people who commit or -- who are found guilty of a forcible felony -- they don’t have the same level of culpability. But at the same time, I -- I -- I -- I think about situations that I'm familiar with, where somebody does do something that is really bad when they're young and they are found guilty for it and incarcerated, and while incarcerated, they make better of their lives. There's a young man - his name is escaping me - but many of you all may remember that there was a young man out of Simeon High School that was a number one basketball player in the nation who was gunned down, Ben Wilson, and the perpetrator of the crime was found guilty. He was seventeen years old at the time. He spent his time in prison. He educated himself. He came out. He got a master's degree from the University of Chicago and now he's doing work working with ex- offenders. He's made better of his life. We want people -- I wish former Senator Tom Johnson were here, 'cause he would talk about it. We want people to make better of their lives, and when people pay their debts, whether it is a debt for a forcible felony, we ought to give them an opportunity, if they've done everything right, to -- to -- to -- to be contributing members of society. I've done a lot of talking about risk assessment. This General Assembly has embraced the Department of Corrections using a risk assessment tool. And one of the things we find out is people oftentimes who are not found guilty of forcible felonies but found 127  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 guilty of lesser crimes are a greater risk than people who are found guilty of forcible felonies. And so we ought to allow for a little discretion. I think it's -- it's -- it's very meritorious what Senator Martinez is doing, and -- and I was speaking to Senator Althoff on the other side. You know, we -- we -- we have to give people the opportunity to -- to -- to seek out their career. If they've educated themselves, if they've prepared themselves, and -- and if -- if true risk assessment tells you this person is not a serious risk to the people that they may be treating, then we ought to let them seek out their profession. I urge support for this bill. I urge you to follow the lead of people like Newt Gingrich, Rand Paul, people who are calling for restorative justice. You know, it's -- it's -- it's not -- it's -- it's okay. It's okay. You know, don’t worry about the -- the -- the -- the old labels of being too soft on crime. There are people who -- who -- and I don’t want to invoke faith into this Chamber, because I know we're supposed to have our separation, but we're supposed to be forgiving people and when people have paid their debt, we're supposed to give them an opportunity to be contributing members of society and not just slap the labels on 'em and keep them shackled for the rest of their lives after they pay -- paid their debt. I urge support for this bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Seeing no further discussion, Senator Martinez, to close.

Thank you very much to both Senators. You know, I -- I -- as we move forward - I think that Senator Raoul said it best - you know, we have to give people opportunities. I mean, this constituent of mine is doing the right thing. Something that he 128  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 did when he was only seventeen years old and now it's still on his record, you know, and the fact that some of these folks that are doing these kind of things, right now are also pending their -- hopefully, their expungements or their clemencies from the Governor's Office. They've been waiting for years for this also. So, you know, they're doing the right thing. We asked them -- you know, we asked -- they paid their dues to society and now they're doing some positive things in the neighborhood and I really believe that we have to just give people more opportunities. You know, right now the Department has told me that they have actually revoked additional licenses, seventy-seven licenses for sex offenders. They have actually had three sex offenders revocation pending. Right now, ever since we passed this law, there is eleven licenses revoked or -- or denied at this moment, and I know that -- that you're going to see many of the constituents that you might serve also come to you and tell you that they have this problem. So I think that this bill does something positive to help these individuals to be able to be -- you know, to continue to do good things in our communities, but more important, it gives them opportunity. So I ask for an Aye vote. Thank you.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) The question is, shall Senate Bill 642 pass. All those in favor will say Yea -- vote Yea. 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 45 Aye - - 45 Ayes, 8 Nays. Senate Bill 642, having received the required constitutional majority, is hereby passed. Senator Cullerton -- President Cullerton, what purpose do you rise?

129  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Yes, thank you, Mr. President. I have an announcement. Now that you're in the Chair, you kind of remind me of former Senator Rickey Hendon, in that we've been moving along very quickly, and I think that we're at a point where we can tell people that we will not have to be in Session this Friday. So if you're making hotel accommodations, we will be able to finish our business. That means we will work late tonight and late tomorrow, and therefore we can start going back to our districts as early as Thursday night. Thank you.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you, President. Senator Sandoval, what purpose do you rise?

Thank you, Mr. President. Point of personal privilege.

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

Thank you, Mr. President, Members of the Illinois Senate. Today we have, in the President's Gallery to -- to my right, we have a community college that has been doing some yeoman's work of educating inner-city folks from Chicago, particularly on the southwest side of Chicago. I'd like to recognize President Cranston, Dr. Miller, from Fox College, as well as some young ladies who have come up through our community in Gage Park and on the southwest side, attended local high schools: Cynthia Ramirez, from Juarez High School; Monica Nunez and Patricia Flores, from - both - Bogan High School; Diana Tenorio, from Curie High School; and Amanda Howell, who is attending St. Xavier, as well as Grace Bogen. I'd like to give them a warm welcome to the Illinois Senate 130  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 this afternoon. Fox College is in the house.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Welcome to the Illinois Senate. Welcome. Senate Bill 643. Senator Martinez. Do you wish to proceed? Senator Martinez seeks leave of the Body to return Senate Bill 643 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 643. Mr. Secretary, has there been any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Martinez.

The amendment becomes the bill and I'll be happy to discuss it on 3rd Reading.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Is there any discussion? No discussion, the -- all those in favor will vote {sic} Yea. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any other Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Now on the Order of 3rd Reading, Senate Bill 643. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Martinez.

Thank you, Mr. President and Members of the Senate. Senate Bill 643 extends the repeal date of the Genetic Counselor Licensing Act from January 2015 to January 2025. It amends the Genetic Counselor Licensing Act by making changes to the disciplinary measures and certain fine structures. It amends conditions of revocation or refusal to issue a license for Department -- for the Department. It also makes technical changes to align statute with practice and other DFPR licensing Acts. And I'll be happy to answer any questions.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you. Seeing no discussion, the question is, shall Senate Bill 643 pass. All those in favor will say {sic} 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 Yeas, no voting Nays. Senate Bill 643, having received the required constitutional majority, is hereby passed. Senate Bill 646. Senator Haine. On {sic} the record. Senator -- Senate Bill 647. President Cullerton. On {sic} the record. Senate Bill 726. Senator Harmon. On {sic} the record. Senate Bill 728. Senator Link. Do you wish to proceed? Senator Link seeks leave of the Body to return Senate Bill 728 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 728. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Link.

Thank you, Mr. President. The amendment becomes the bill. More -- more than happy to talk to it on 3rd Reading.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Seeing no discussion, all those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any other Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 728. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Link.

Thank you, Mr. President. As amended, this provides the Liquor Control Commission in -- is {sic} determining whether a licensee has committed a second or subsequent violation of selling alcohol to a person under the age of twenty-one, the Commission may only consider violations that occurred within the previous five years. This is current practice of the bill -- of the Commission now.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 133  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Seeing no -- discussion, the question is, shall Senate Bill 728 pass. All those in favor, vote Yea. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, no voting Nay. And Senate Bill -- 728, having received the required constitutional majority, is hereby passed. Senator Trotter, on Senate Bill 741. Do you wish to proceed? …Trotter seeks leave of the Body to return Senate Bill… On the -- on {sic} the record. Senator Link, on Senate Bill 854. Do you wish to proceed? On the record -- out of the record. Senator Sandoval, on Senate Bill 930. Do you wish to proceed? Senator Sandoval seeks leave of the Body to return Senate Bill 930 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 930. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Sandoval, on Floor Amendment No. 1.

I'd like to adopt the amendment and explain it on 3rd Reading.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Those in favor -- and seeing no discussion, those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any Floor -- Floor -- further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 134  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Senator Sandoval.

Thank you, Mr. President, Members of the Senate. The Senate Bill 930 is an effort to reduce the speed differentials on rural interstates in the collar counties. And…

PRESIDING OFFICER: (SENATOR SILVERSTEIN) You're adopting Floor Amendment No. 2. Is that correct?

Oh, Floor Amendment No. 2, so I'd like to adopt amendment and -- and explain it on 3rd Reading.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 930. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Sandoval.

Mr. President, Senate Bill 930 is a -- a bill that is brought to me by the Illinois Trucking Association and the Mid-West Truckers Association. It's an effort to reduce the speed 135  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 differential on rural interstates in the collar counties. Amendment No. 2 is an amendment from IDOT that clarifies that all interstate {sic} (non-interstate) highways will remain at fifty- five miles per hour. This is an agreed bill. I'd ask a favorable vote.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Seeing no discussion, the question is, shall Senate Bill 930 pass. All those in favor will vote Yea. 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, no voting Nay. And Senate Bill 930, having received the required constitutional majority, is hereby passed. With leave of the Body, we're going to return to Senate Bill 741. Senator Trotter, do you wish to proceed? Senator Trotter seeks leave of the Body to return Senate Bill 741 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 741. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Trotter.

Thank you very much, Mr. President and Members of the Senate. Amendment No. 3 is a gut-and-replace amendment. It makes some technical changes. And I would like to explain the whole bill on 3rd, if I could.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Seeing no discussion, all those in favor will say Yea. 136  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Now on the Order of 3rd Reading, Senate Bill 741. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Trotter.

Thank you, Mr. President, Members of the Senate. Thank you for your indulgence on getting back with me. Senate Bill 741, as amended, codifies the current rate structure that HFS has -- pays to nursing homes for ventilator care to Medicaid residents. It requires HFS to pay a per diem of one hundred and seventy-four dollars for ventilator care in addition to a thirty-four service charge per day. This rate would pay for the nursing, support, and capital components involving -- involved in providing that service.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter, what purpose do you rise?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Sponsor said he will yield. 137  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Trotter.

Yes, I can, but if you allow me not just to walk, maybe run through some of the things that are there, because this is a -- a continued negotiated process, which I was going to bring up as well, that -- as you know, the negotiations ended last December 31st, where there was a negotiated agreement to go forward with the bill. Since that period, there has -- in the last quarter, as they look at it, there were further discussions in discussing the RUG's rate, which is the resource utilization dollars that -- that are there. Those negotiations are still ongoing. They just got the report back last week, on March 31st. The Department and the health care -- the -- HFS - excuse me - HFS, along with the -- the nursing homes, met yesterday. They're still negotiating. They're asking our indulgence to give them a little more time to negotiate and they will further negotiate and amend this bill in the House, if we can move it forward because of our deadline. 138  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator -- Trotter.

We are doing that, as a matter of fact, but because of our deadlines and with our deadlines, as you know, to get our bills out this week to move over to the House, those negotiations will continue. It's not as if they're going to start new ones next week. But they will be able to continue, and before this process is completed, that whatever changes they make, as you know, the bill will come back here on concurrence. So there is plenty of opportunity for those things to -- for them to come to a decision as they discuss this discrepancy. It's not just a seventy-one- million-dollar discrepancy of course. HCCI disagrees with that number. So as they come to some kind of agreement, or not, we're just asking to let this bill go forward.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Trotter.

The Department.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Trotter.

And -- and I was just corrected. It is the -- the HH -- HCCI believes that the number is sixty-four million and that the Department claims that it's going to be seventy-one million. But, as many times, those numbers can be arbitrary or -- on what methodology they came up with of how those utilization dollars actually come about. Is it because of acuity? Is it because of new coding laws? There is a -- a -- a lot of issues or things that -- that make that number change, and that's what the discussion is going on at this time.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Trotter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Trotter.

Well, it is not the wisdom of -- of this specific bill; it's the wisdom of the forefathers and -- that came before us who set forth a system from which we can work. They gave us two Chambers, so we have two bites at this apple of addressing the issue. So as our process calls for us to go through 3rd Readings and send bills over to the House by the end of this week, those discussions in this same legislative process will go forward in the House. So before we can move this, and with any kind of definitive action of saying this is going to be law, this is the cost, those negotiations within the parameters set forth by those who gave us our Constitution and gave us our duties will continue on the other side. If, in fact, it comes up that those dollars, that it is out of the realm of possibility to -- to pay the cost or -- or we -- they -- should say mitigate that there will be better numbers or 141  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 numbers that we can agree on that's saying that this is affordable, this care is needed, then we can kill it there or -- or -- or move it forward, which takes it to the next process of seeing if the Governor's going to veto it. So this process certainly is in motion as we speak and it doesn’t end after we pass this bill, move it to the House to further those discussions.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) To the bill.

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

PRESIDING OFFICER: (SENATOR SILVERSTEIN) …bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Seeing no discussion, Senator Trotter, to close.

Thank -- thank you very much, Mr. President. You know, I -- I agree with the speakers. I mean, this is a very convoluted issue and there's a lot of moving parts. There's no reason, however, that we should not include our House partners in those discussions and we can do this when we move this bill over. It would not absolve us of responsibility to look at it a second time when it comes on a concurrence, but I believe all the parties need to be involved. I think, in -- in -- in part, this has come about because the Department has not negotiated in good faith in the last three months, which they said they were going to do when they ended the negotiations on December 31st. So, as a consequence, because we do have the mechanism to discuss this in the other Chamber and amongst ourselves before it could be signed into law, I think we should move it forward to the House. And I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) The question is, shall Senate Bill 741 pass. All those in favor will vote Yea. 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's 41 voting Yea, 15 voting Nay. Senate Bill 741, having received the required constitutional majority, is hereby passed. Senator Martinez, on Senate Bill 977. Senator Martinez. On {sic} the record. Turning 144  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 to page 6, Senator Cullerton, on Senate Bill 1103. With leave of the Body, we're going to go back to Senate Bill 1098. Senator -- Senator Harmon. On {sic} the record. Okay, Senate Bill -- back to -- Senator Cullerton. Senate Bill 1103. Do you wish to proceed? Senator Cullerton seeks leave of the Body to return Senate Bill 1103 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 1103. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Cullerton.

There should be two amendments. Correct?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) This will be Amendment No. 1.

All right. Then I'd like to -- I'll just explain Amendment No. 1 on 3rd Reading.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Discussions? If not, all those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any other further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Cullerton.

I'll explain that on 3rd as well. 145  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Seeing no discussion, all those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. On the Order of 3rd Reading is Senate Bill 1103. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Cullerton.

Thank you, Mr. President and Members of the Chamber. This is just a technical change. We are combining the -- this was brought to me by the Department of Labor. We are going to be combining the Safety Inspection and Education Act and the Health and Safety Act into one bill, which will now be called the Occupational Safety and Health Act. This puts us in line with the federal standards and gives us one document going forward.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Seeing no discussion, the question is, shall Senate Bill 1103 pass. All those in favor will vote Yea. 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 Ayes, no voting Nays. Senate Bill 1103, having received 146  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 the required constitutional majority, is hereby passed. Senator Link, on Senate Bill 1681. Do you wish to proceed? Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Link.

Thank you, Mr. President. This is the consolidation of fire prevention {sic} (protection) districts - without belaboring it all, because I'm sure there will be some questions on this. The thing is, basically, if you consolidate districts, it shouldn’t be on a financial matter only. It's also about the emergency services quality. And -- and one thing of -- to make sure that everybody remembers, most importantly, both routes of consolidation require approval of elected officials in the affected jurisdictions prior to conducting the referendum or enacting an intergovernmental agreement. I'll be more than happy to answer any questions.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator McCarter, what purpose do you rise? SENATOR McCARTER: Question of the sponsor, please.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Sponsor said he -- states he will yield. SENATOR McCARTER: Senator, in the committee, we talked about some of the opposition, the -- primarily the Illinois Municipal League, and in 147  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 that discussion, they stated that they had given you a list of their issues with this bill and I think you responded by saying you hadn't received anything and then I -- I -- I know then that they came back and showed a copy of that to -- at least to my office. I -- I suspect that they showed it to your office as well. Did you begin those negotiations once again, since you were aware that they did have some issues with this bill?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Link.

No.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator McCarter. SENATOR McCARTER: Why not?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Link.

Because this has been a two- to three-year in good faith negotiation and it came to a point to where we either were going to do what we're doing right now, running it on the Floor. Both sides discussed this bill numerous amount of times. Amendments have been added. Changes have been added to it. And I felt it was time to just run the bill and let the Senate decide what they want to do.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator McCarter. SENATOR McCARTER: Senator, what -- what's wrong with the current process? What 148  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 are we trying to fix here? Because I know that currently by an intergovernmental agreement, which is outlined in eighty-two words, we've now gone to a process that takes seventy-two pages to explain. What was the problem and how -- how are we fixing it, if you can tell us that?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Link.

Well, to clarify, those seventy-two pages were mostly the agreements of which both sides stood up on and decided to change a lot of things, and that's where you got to the seventy-two pages. But what we're trying to rectify here - and I'll make it very simple in terms: Most of these consolidations are economics that they're doing and which is -- I think everybody in this room wants to see consolidations of services to save our taxpayers money, but it shouldn't be at the sake of services. And I use the example, Senator McCarter, and I hope to God it never happens to you, but if you were to have a heart attack and your present services came and it took five minutes for them to get to your location; well, if they consolidated, then it takes twenty minutes to a half hour to get to you, I think you, as a taxpayer, of that agency -- or area would be quite upset. So all of this has to be taken into consideration before any consolidation can be done.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator McCarter. SENATOR McCARTER: Does it -- does it concern you that those that are responsible for managing the taxpayers' funds to provide those services in municipalities, does it bother you that they may be inhibited from 149  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 doing what's best for the citizens? Because in that situation, I would hope that those that were put in -- put in power within the city would have made good choices to fully man and fully protect the citizens. Does it bother you that you take that control away from them?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Link.

There is no control being taken away from anybody. What this is, is they will still have the final word, and as I said in my opening statement, the intergovernmental agreements or if it's by referendum and -- and I think everybody in this room wants -- likes referendums, because they always say you want the citizens to speak on something. This is giving that process there of a referendum. But the point is, the governmental agencies affected still have the final word on what goes on.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator McCarter. SENATOR McCARTER: To the bill. Ladies and Gentlemen…

PRESIDING OFFICER: (SENATOR SILVERSTEIN) To -- to the bill. SENATOR McCARTER: Ladies and Gentlemen, to -- I don’t know if you've spoken to the cities that you represent, but there is a tremendous amount of opposition to this bill. And -- and I know it's -- you know, we -- we use some buzz words around here that everybody -- when you hear 'em, you say, well, that's great. Consolidation - oh, that's good. We can -- we can save money. We can make things more 150  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 efficient, which is, you know, what we'd all like to do - but it's not that easy. And we have -- and -- and we put people in positions to -- to be responsible for these types of things, and if that mayor or that city council blatantly understaffs or somehow, in a -- in a cost-saving manner, puts the people in a dangerous position, I think, very quickly, they're going to be held accountable. And I think what this bill does is take away their ability to manage and do what's best for the people they represent. I urge a No vote.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Delgado, what purpose do you rise?

Thank you, Mr. Chairman -- or, Mr. President. To the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) To the bill.

First of all, I want to commend the sponsor. I want to thank Senator Link, because when -- and -- and -- and no disrespect to the previous speaker, but, to me, it reminds me, in Public Health, when we have to have insurance companies making decisions for doctors and patients. This is heavily supported by the Associated Fire Fighters of Illinois. The word is -- is in the name - "Associated". These are many south of I-80. They are the ones who are the first responders. They are the ones who know how to make sure safety is the first and foremost. Having been in the role of first responders, I commend for all the fire fighters coming together and making sure that management doesn't take this away and give -- and make sure that they're at the table so that they can make safety decisions and consolidations, if that's going 151  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 to bring that to them. They're doing it in the best interests of the citizens of all of Illinois. And no disrespect to mayors and all those leaders who get elected by those same people, I would ask for a strong Aye vote, as, again, this was brought to me too as a supporter and my work in my tenure in both Chambers working with the Associated Fire Fighters of Illinois and, of course, our Local 2 in Chicago. I have a great respect for those who want to save our families and have input as to how it's best to serve us. And I would ask for an Aye vote.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Seeing no further discussion, Senator Link, to close.

Thank you, Mr. President. You know, as one of the previous speakers said about taking this out of the hands of locals and -- the point is, there's no intent of taking anything out of the hands of the locals. But I got to say, if there's a mistake being made of the time to get to that person who's having a heart attack or something because we -- we neglected and we just let them consolidate, I think would be a misfortune that none of us want to have on our hands. This is something to make sure a process that's done of consolidation, which I'm probably one of the loudest voices on consolidation, is done properly and that the citizens of those areas are thought of first before financial gains. Thank you. I ask for an affirmative vote.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you, Senator Link. The question is, shall Senate Bill 1681 pass. All those in favor, vote Yea. 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 152  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 are 47 Yeas, 6 voting Nay. And -- and the -- and Senate Bill 1681, having received the required constitutional majority, is hereby passed. Senator Althoff, what purpose do you rise?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Please state your announcement.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator. Senator.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Can we have some attention, please? Thank you.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you for the announcement. Thank you. With leave of the Body, we're going to go back to page 3, Senate Bill 229. Senator Delgado. Do you wish to proceed? Senator Delgado seeks leave of the Body to return Senate Bill 229 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 229. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Delgado.

Thank you, Mr. President, Members of the Senate. Senate Bill 229, as amended by Floor Amendment No. 1, requires the Governor to annually report the demographic information, ethnicity, gender, and disability status, of each appointment made by the Governor during the covered year; two, the demographic information of those that applied for an appointed position, but were not appointed during the covered year; and the demographic composition of the gubernatorial appointees on each board, commission, and State task force. To accomplish this goal, the bill requires that the Governor's appointee application include data field for disclosure of this information, which the current system has such a field. The Legislative Research Unit will publish an annual report containing the demographic composition of the gubernatorial 154  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 appointees of each board, commission, and task force. And I would ask for an Aye vote on the amendment.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Okay, on the amendment, are those -- all those in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any other -- further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) …Reading. Now on the Order of 3rd Reading is Senate Bill 229. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Delgado.

Thank you, Mr. President, Members of the Senate. I would ask for your Aye vote, as I read it on 2nd.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Seeing no discussion, the -- the question is, should Senate Bill 229 pass. All those in favor, vote Yea. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 -- voting Yea, 1 voting Nay. And Senate Bill 229, having received the required constitutional majority, is hereby passed. Now we're turning to… Senator Sullivan, what purpose do you rise? 155  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

Thank you very much, Mr. President. My -- my apologize {sic}. As a Presiding Officer, your seatmate pushes your button for you and I got to the wrong button there. So my apologies on the last bill. I know it was your intention to vote Yes on Senator Delgado's bill, so…

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you, Senator Sullivan. I'll remember that. Going back to page 6, Senate Bill 1999. Senator Connelly. Senator Connelly wishes to proceed. Senator Connelly seeks leave of the Body to return Senate amendment -- Senate Bill 1999 to the Order of 2nd bill -- Readings. Leave is granted. On the Order of 2nd Reading is Senate Bill 1999. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Connelly.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Those in favor will vote Aye -- say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) …Reading. Now on the -- on the -- now on the record of 3rd, 156  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 proceeding to 3rd Reading is Senate Bill 1999. Please -- Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Connelly.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Seeing no discussion, the question is, does Senate 1999 pass. All those in favor will vote Yea. 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, no voting Nay. And Senate Bill 1999, having received the required constitutional majority, is hereby declared passed. Leave of the Body, we're going to go back to page 4, Senate Bill 585. Senator Sullivan. Do you wish to proceed? Senator Sullivan wishes to proceed. He seeks leave of the Body to return Senate Bill 585 to the Order of 2nd Reading. Leave is granted. And now on the Order of 2nd Reading is Senate Bill 585. 157  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Sullivan.

Thank -- thank you, Mr. President. The amendment becomes the bill. I'll be happy to discuss it on 3rd.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Seeing no discussion, those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 585. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Sullivan.

Thank you, Mr. President, Members of the Senate. This legislation came as an initiative of one of my school districts up in Henderson County. They have an issue where their -- their water supply for their school comes from a well and the well has given 158  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 'em a lot of problems. It needs maintenance. There's not enough water pressure to take care -- if there was a fire, there's not enough water pressure to -- for the fire department to fight the fire. It has a terrible taste to it. So what the district's asked is that they wanted to be able to hook up to a rural water supply, public supply -- water supply system, and the -- so they went to the State Board of Education and asked if they could use life and safety funds and that process to -- to -- to do that. The ISBE told 'em, no, that it's not allowed by law. So what this legislation does, it allows the school district to levy or issue bonds whenever a -- a school district determines it is necessary for the improvement of potable water or for -- for the water supply for a -- fire protection system. I know in committee there was a couple questions Senator McCarter had. I think I've addressed those questions. I know of no opposition. I'll be more than happy to answer any questions.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Seeing no discussion, the question is, shall Senate Bill 585 pass. All those in favor will vote Yea. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, no voting Nay. And Senate Bill -- Senate Bill 585, having received the required constitutional majority, is hereby passed. Senator Sandoval, what purpose do you rise?

Testing. Testing. Point of personal privilege, Mr. President.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Please state your point. 159  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

Thank you, Mr. President, Members of the Senate. I have with me today one of our local heroes. He is my Fire Chief in Bedford Park. He's also the Vice President of the Illinois Fire Chiefs Association, our -- one of our local heroes who's dedicated his life to protecting families on the southwest side of Chicago and suburban southwest side. I'd like to give him a warm welcome to Springfield, Fire Chief Sean Maloy, from Bedford Park.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Welcome, Fire Chief. Welcome to the Senate. On page 6 of the Calendar, Senate Bill 2002. Senator Dillard. Do you wish to proceed? Senator Dillard wishes to proceed. Senator Dillard seeks leave of the Body to return Senate Bill 2002 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 2002. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Dillard.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you, Senator Dillard. Seeing no discussion, all those in favor, say Aye. Opposed, Nay. The amendment -- the Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration? 160  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2002. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Dillard.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Seeing no discussion, the question is, shall Senate Bill 2002 pass. All those in favor, vote Yea. 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, no voting Nay. And Senate Bill 2002, having received the required constitutional majority, is hereby passed. Senator LaHood, on Senate Bill 2003. Do you wish to proceed? 161  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Senator LaHood seeks leave of the Body to return Senate Bill 2003 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 2003. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator LaHood. SENATOR LaHOOD: Yes, Mr. President, I would ask for the adoption of Senate Floor Amendment 1 and proceed on SB 2003.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Althoff, what purpose do you rise? Okay. No -- seeing no other discussion, all those in favor will say Yea. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2003. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator LaHood. SENATOR LaHOOD: Thank you, Mr. President. Senate Bill 2003 is a trailer bill 162  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 to a bill that we passed last year, which was House Bill 2590, which was the Illinois Workplace Violence Prevention Act. That bill passed unanimously, 107 to nothing in the House and 58 to nothing here. Signed into law on August 16th. Right before it was signed into law, Governor Quinn's Office contacted us about adding some language that was of concern to some of the domestic violence groups and also the AFL-CIO. We worked with them over the last five months to put together the legislation that we have here today. I know of no opposition to this and want to thank the groups that were involved in the fruitful negotiations that resulted with what we have today. I'd be happy to entertain any questions.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Althoff, on Senate Bill 2003.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Sponsor says he'll yield.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator LaHood. SENATOR LaHOOD: Thank you, Senator Althoff. The answer is no. The exemption being proposed is intended to protect individuals who are lawfully 163  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 participating in a lawful labor activity as provided in the new provision.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Althoff.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator LaHood. SENATOR LaHOOD: Thank you, Senator Althoff. Number one, lawful monitoring of compliance with workplace safety laws, wage and hour requirements, or other statutory workplace requirements; and, number two, lawful picketing, patrolling, using a banner, or other lawful protesting at the workplace and which arises out of a bona fide labor dispute; and engaging in concerted and protected activities as defined in applicable labor law.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Althoff.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator LaHood. SENATOR LaHOOD: Thank you, Senator Althoff. Any activity recognized by the National Labor Relations Act, the Illinois Public Labor Relations Act, or the Illinois Educational Labor Relations Act as a labor dispute. A bona fide labor dispute includes a controversy 164  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 concerning wages, salaries, hours, working conditions, or benefits, including health and welfare, sick leave, insurance, and pension or retirement provisions; the terms to be included in collective bargaining agreements; and the making, maintaining, administering, and filing protests of {sic} (or) grievances under such collective bargaining agreements.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Harmon, what purpose do you -- rise?

Thank you, Mr. President. Will the sponsor yield?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Sponsor said he'll yield.

Thank you, Mr. President. Senator, I -- I appreciate you indicating in your opening remarks that this was the product of negotiation, which included victim advocate groups and the AFL- CIO. It's my understanding that at least the victim advocates might believe that the -- the negotiations were incomplete and that there are still issues to negotiate, including issues relating to employment protections, remedies for violations, and corresponding amendments to the Victim {sic} (Victims') Economic Security and Safety Act. Have I characterized that fairly and would you commit to continuing those negotiations?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator LaHood. SENATOR LaHOOD: Thank you, Senator Harmon, for that. I will tell you, they have put a slip in as neutral on this particular bill. There has been fruitful negotiations throughout this process, you know, and 165  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 we had a hearing on this in the Labor Committee. It was an agreed- upon bill last night. We’ve probably had eight different meetings, phone meetings, conferences, on this and that's included the Governor's Office and also, as I said, the domestic violence groups, and I believe, as I said, they are neutral on this. Would ask to move it out today.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Harmon.

…you, -- thank you, Mr. President. Thank you, Senator. I appreciate that. It is my understanding that they do believe there is more negotiation to do, that they would have liked to have testified in committee yesterday, but given the hour and the -- the process, they -- they did not have that opportunity. Would you commit to continuing negotiations in the House?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator LaHood. SENATOR LaHOOD: Yes, Senator Harmon. If we can move it out today and -- and take it over to the House and -- and they can continue those negotiations.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Seeing no further discussion, Senator LaHood, to close. SENATOR LaHOOD: I would ask for an Aye vote.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) The question is, shall Senate Bill 2003 pass. All those in favor will vote Yea. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? 166  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Take the record. On that question, there are 59 Ayes, no voting Nay. And Senate Bill 2003, having received -- received the required constitutional majority, is hereby passed. Continuing on page 7, Senate Bill 2363. Senator Martinez. On {sic} the record. Senator Noland, on Senate Bill 2583. Wish to proceed? Do you wish to proceed? Senator Noland wishes to proceed. Senator -- Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Noland.

Thank you, Mr. President. There we go. All right. A matter of housekeeping here on this at first. We attempted to present Floor Amendment No. 3 to clarify a concern that the Secretary of State had. This is the sign-and-drive, otherwise known as the sign-and-go bill. I see that it's on 3rd, so I'll read this and I'll explain what we need to with this, but I am asking that we move it out of the Chamber. Senate Bill 2583 adds a new Section to the Vehicle Code entitled "Procedures for traffic violations". The amendment states that any person cited for a violation of the Vehicle Code or similar local ordinance for which the violation is a petty offense is no longer required to post bond. Amendment sets procedures for an individual who fails to appear in court or pay any fines, which would be, in sum and total, the suspension of their driver's license until they do finally appear and otherwise pay their -- pay their fines. Now the Secretary of State had had 167  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 some concerns regarding a Section. It was a scrivener's error on the part of LRB, but to -- to read a message that I received from them: We just wanted to bring this to the clerk's attention and believe that -- the clerks' association's attention, who are the chief proponents of this bill, but the Secretary of State's -- State's Office believes it will not affect its ability to implement the bill. Regardless, the Secretary of State is in support of this bill, as amended by Senate Floor Amendment No. 3. As such, what I would be asking is that we send it over to the House for its adoption. I understand, from the potential House sponsor, that the bill will be amended over there. We'll bring it back for concurrence. I'm asking for an Aye vote.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter, what purpose do you rise?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Sponsor states he will yield.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Noland.

That is correct, Senator.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 168  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Noland.

That language has been taken out in the Floor amendment, which we had hoped to present today, but at your request, we have eliminated that language, and that -- and your position and the language that you would prefer is yet to be adopted and will be so in the House. That is my understanding.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Noland.

It is.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Noland.

Senator, it is not my anticipation that the fine will be doubled. Okay? And as a matter of fact, at your request and very astute observation in committee, I am adopting your position, which would allow the judge greater discretion. And that is the language that we would be asking to adopt over in the House. That is the sum and substance, the Floor amendment.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Noland.

170  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Yes, I believe that to be a true statement, Senator.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Noland.

I have a commitment from the House sponsor to adopt Senate Floor Amendment No. 3, which does exactly that.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Seeing no other questions, Senator Noland, to close.

So, thank you, Mr. President. Thank you, Senator Righter, for those observations. This is at long last an opportunity for us to join forty-nine other states in reciprocating a policy that will make motor vehicle transportation here in the State of Illinois much easier for folks. It will allow you to hang onto your license. Sometimes when we are traveling, when we -- if we have to visit the airport or simply asking to fill -- or we need 171  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 to fill a prescription or we need to make a purchase with a credit card, we need our driver's license. So this should make life easier for each and every one of us. And I note that everyone in this Chamber must have a spotless driving record. It will not affect them, but it will affect almost all of our -- our constituents at some time or another. So I thank you very much and ask for Aye votes all the way around.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) The question is, shall Senate Bill 2583 pass. All those in favor, vote Yea. 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, no voting Nay. And Senate Bill 2583, having received the required constitutional majority, is hereby passed. Senate Bill 2590. Senator Haine. Do you wish to proceed? Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Haine.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is a work in progress. It's negotiations between the Department of Insurance and the travel insurance industry, which has dramatically changed in the past few years with the Internet and the development of -- of Travelocity and everything else. They've created a new line of license, called the "travel insurance 172  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 business enterprise", rather than the historic "limited lines" license for all so-called travel insurance agents, and then they have another license for "travel insurance business enterprise" and "travel retailer". The scope of this remains to be seen as a result of negotiations between the Department and this industry, as well as the accountability. So I would like to, with the indulgence of the Senate, pass this to the House with the idea, and with the permission and encouragement of the Department of Insurance, so that they can further work up a bill to bring the - - this provision of insurance into the modern computer age. There's no opposition to the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Seeing no discussion, the question is, shall Senate Bill 2590 pass. All those in favor, vote Yea. 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, no voting Nay. And Senate Bill 2590, having received the required constitutional majority, is hereby passed. …the Body, we're going to go to page 6, Senate Bill 1626. Senator Sandoval. Do you wish to proceed? Senator Sandoval wishes to proceeds. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Sandoval.

Thank you, Mr. President, Members of the Senate. Senate Bill 173  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 1626 is a bill that I'd like to move with your indulgence. And my intention is to reform the way copayments are applied to physical therapy. There's been lots of discussion on this bill and the discussions are still ongoing and meetings have been scheduled between members of the insurance industry and the Department of Insurance to find a solution that is amicable to all parties. I'd like to move Senate Bill 1626, with support of Chairman/colleague Senator Haine, and hope that a productive conversation will result in an agreed bill. I'd ask your support.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Syverson, what purpose do you rise?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Sponsor says he'll yield.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Sandoval.

Yeah, it's -- it's intended to -- my intention is to reform how copays are applied to physical therapy and there's been -- we're trying to provide some relief to the working class folks of the State of Illinois. And it's a long discussion and just for matter of expediency, I think, Chairman Haine has indulged himself 174  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 to engage in this conversation to see if we can bring some agreement.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Syverson.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Sandoval.

Absolutely. There is an understanding between the business community and the insurance industry to continue this conversation; otherwise, I would not indulge you in asking me to -- helping me to send this bill to the House. If there were no room for a possible agreement, then I would not take up your time or anyone else's time on -- on the Floor of the Senate today. But I am convinced that with my colleague, Chairman Haine, that -- you know, he has a way of bringing the business and the insurance industry to the table and trying to figure out a resolution, if possible. Let's keep hope alive just for a little bit longer. 175  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Syverson.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Sandoval.

I would -- I would hate to rain on that discussion chaired by Senator Haine. I think that's why it's important to bring all parties to have a real serious discussion. So I -- I would not want to comment or take a position on what I perceive should be the final result of a negotiation.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Haine, …purpose do you rise?

Yes, thank you. I appreciate all the kind words. I'm leaving this afternoon on a plane to Beirut to try to bring those people together. I would -- I rise in support of the bill. I think that -- that Senator Sandoval is well-intentioned here. And -- we move this shell bill to the House, we can continue the discussions. I have offered to help. I've been asked. And I -- I share Senator Syverson's concerns about the room for compromise here, but to be fair to Senator Sandoval, we have never had a chance to sit at a 176  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 table and talk about this bill. When this bill first came up last year, he was on the road to Damascus and was knocked off his horse and was severely injured, if you recall. And he's been enlightened since then. And so this bill has not had a true vetting or discussion between all the parties, and that's what he's asking and I strongly support that. And the bill will go to the House. Whatever comes out of the House will come back to the Insurance Committee. It's not going to go anywhere else. So, we will have, certainly, a control over the entire process and the bill, and we'll see what we can do. Thank you. I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you. Senator… Thank you. Senator Sandoval, to close.

I ask a favorable vote.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) The question is, shall Senate Bill 1626 pass. All those in favor, vote Yea. 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 Ayes, 14 voting Nay, 2 voting Present. And Senate Bill 1626, having received the required constitutional majority, is hereby passed. Senator Sandoval, on Senate Bill 2620. Do you wish to proceed? On {sic} the record. Senate Bill -- Senate Bill -- Senate Bill 2628. Senator Sandoval, do you wish to proceed? Senator Sandoval seeks leave of the Body to return Senate Bill 2628 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 2628. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Sandoval.

Thank you, Mr. President, Members of the Senate. Senate Bill 2628 is a bill that would allow a non-government owned or operated Cook County health facilities with more than one hundred beds to develop a policy, within the next six months of the effective date, to encourage the participation of minority-owned, woman-owned, veteran-owned, and small business enterprises in capital projects. This has the support of the Federation of Woman Contractors and the Illinois Hospital Association. There are no opponents. I'd ask a favorable vote.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Those in favor, vote {sic} Aye. Opposed -- the question -- those in favor will say Yea. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Now on the -- now on the Order of 3rd Reading, Senate Bill 2628. Mr. -- Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Sandoval. 178  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

I'd ask a favorable vote.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Seeing no discussion, the question is, shall Senate Bill 2628 pass. All those in favor will vote Yea. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Yeas, no voting Nays -- 57 Yeas, no Nays. And Senate Bill 2628, having received the required constitutional majority, is hereby declared passed. Senate Bill 2647. Senator Althoff. On {sic} the record. Return to Senate Bill 2659. Senate Bill 2674. Senator Harmon. On {sic} the record. Senate Bill 2682. Senator Hastings. On {sic} the record. Senate Bill 2696. Senator Link. On {sic} the record. Senate Bill… 2717. Senator Sandoval. Senator Sandoval seeks leave of the Body to return Senate Bill 2717 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 2717. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Sandoval.

I'd like to adopt the amendment and speak to it on 3rd Reading.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) All those in favor, say Aye. Opposed, Nay. And the Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration? 179  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 17 -- 2717. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Sandoval.

Thank you, Mr. President. Senate Bill 2717 is an initiative of the State Fire Marshal. The bill extends the sunset date of the thirty-five-dollar fee for serious traffic violations until January 1 of 2020, as opposed to 2014. I'd ask a favorable vote.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator McConnaughay, what purpose do you rise? SENATOR McCONNAUGHAY: To the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) To the bill. SENATOR McCONNAUGHAY: We supported this bill in committee and everyone was in agreement. I just want, for the record, for everyone to understand that this is an extension of a fee. Thank you.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Sandoval, to close.

180  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Ask a favorable vote.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Therefore the question is -- the question is, shall Senate Bill 2717 pass. All those in favor, vote Yea. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 Ayes, no voting Nay. And Senate Bill 2717, having received the required constitutional majority, is hereby declared passed. Senator Biss, on Senate Bill 2758. Do you wish to proceed? Senator Biss seeks leave of the Body to return Senate Bill 2758 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 2758. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Biss.

Thank you, Mr. President. We have three Floor amendments here, Amendments 8, 9, and 10. With your indulgence, I'd like to adopt them and then discuss them on the Order of 3rd Reading, please.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Okay. Are there any -- all those in favor of adopting Floor Amendment No. 8, say -- say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Any other Floor -- further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Biss, on Floor Amendment No. 9.

Same thing - if we could first adopt this now and then debate it on 3rd Reading, please.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) All those in favor of adopting Floor Amendment No. 9, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any Floor -- further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Biss.

Would appreciate to adopt this and then discuss it on 3rd Reading, please.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) All those in favor of adopting Senate Amendment No. -- Floor Amendment No. 10, say Aye. Opposed, Nay. The Ayes have it. The amendment is -- is adopted. Any further Floor -- further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 3rd Reading. On the Order of 3rd Reading is Senate Bill 2758. Senator -- Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Biss.

…you -- thank you very much, Mr. President, Members of the Senate. There are two and a half million people working in Illinois today without access to employer-sponsored retirement plans. That's -- means that at work these individuals, of course, participate in Social Security, don't have a pension, don’t have access to a 401(k) and can be expected in retirement to subsist on Social Security and whatever they save on their own. Social Security was never intended to be a sole source of retirement income. The average Social Security benefit these days is around fourteen thousand dollars. It's meant to be supplemented by other sources of retirement income. We can all agree that it would be ideal if this population were, on their own, saving, but the truth is that it -- it appears to be the case, based on any read of the data, that they are not. Right now, it looks like about 4.6 percent of this population is opening their own IRAs outside of work. That's compared with seventy-one percent of workers who have access to employer-sponsored plans. And what this means is that this is a large population, people who live in every single district in this State, every community in this State, a population that skews disproportionately female, African American, Latino and low -- low wage, that is on a straight path to poverty in retirement. Senate Bill 2758 creates the Secure Choice retirement Savings Program, which simply provides this population an opportunity to save their own money for retirement, if they want 183  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 to. Here's how it works. For most people who work for an employer that offers no employer-based retirement plan - more -- more on exactly which in a moment - they would be automatically enrolled at a three percent payroll deduction in an IRA. They could opt out, if they didn't want to do it. They could pay more or less, if they wanted, but the default would be, an automatic enrollment, three percent payroll deduction. The money would be pooled. A board would be created that would pick an outside investment manager. The State would not keep or, in fact, touch the money, and then the individual, unless they chose not to participate, would have a nest egg waiting for them at retirement. The default investment would be a target-date fund and the science on the subject suggests that people who participate at a three percent payroll deduction in a low-fee target-date fund throughout a working career would be able to replace twenty to twenty-five percent of their final salary in retirement, which together with Social Security would provide a reasonable, dignified retirement. As you can tell by the way I've described this, there's no cost of any kind to the State to this plan and the employer's responsibility is extraordinarily minimal, simply giving the employee the opportunity to opt out, to conduct that choice, and then to do the payroll deduction, just like they currently do with Social Security and income tax withholding and -- and -- and so on and so forth. I -- I think given the enormous magnitude of the problem and the -- the very minimal touch that this approach has, it's a -- it's an exciting opportunity to make a very, very big difference for many of our constituents. Before we -- before I stop, I want to mention the three amendments that we just adopted. Amendment 8 makes sure that the Governor's appointments to the 184  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 board that oversees this process will have the approval of the Treasurer, as well as the approval of the Senate, to ensure that we can have appropriate oversight over the project. The second amendment, Amendment No. 9, says this only applies for employers with over twenty-five employees, to make sure that it really is an absolutely minimal, reasonable burden to deal with. And the final amendment, Amendment 10, makes clear that neither the State nor the employer will be subject to any ERISA liability or responsibilities, and if that turns out not to be true, the program simply will not be implemented. I appreciate the many discussions we've had, many -- with many Members and many interest groups on this topic. Look forward to your questions. Would certainly appreciate your support of this important measure.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you. Senator Jacobs.

Move the previous question.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) There are six speakers. Senator Syverson.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Sponsor said he'll yield.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Biss. 185  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

Yes, Senator, absolutely. In fact, one thing that this bill does is it really increases the market for those private products. The truth of the matter, though, is that without something like this, we have a significant and, frankly, pretty tragic lack of uptake of those opportunities, which is why this bill is necessary.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Syverson.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Biss.

All administrative costs of any kind of this program are funded out of the program assets without exception.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Syverson.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 186  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Senator Biss.

Well, the -- the general principle here is that a large pool should enable lower fees. The important point to make is that if you look at what's available on the private market, there often are minimum contributions, an amount you have to put in to start. And if you don't have the ability to put in that minimum contribution there, then additional fees that are quite -- quite a bit higher. The purpose of this plan is to, by creating a large enough pool, make it -- make it possible to run a program without that kind of problem.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Syverson.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Biss.

First, on your previous point, the vendor might likely be a Fidelity or a T. Rowe Price, so certainly it would be a -- should the board so choose, which I think would be a very likely outcome, precisely -- such a large pool. The legislation provides for the board to produce information packets and make -- give -- give those to employers and to make information available to employees. As you say, that's a complex process, but this is another example of -- of a situation where having a large pool enables you to provide that kind of customer -- customer service at a lower cost.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Syverson.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Biss.

Amendment 10 makes very clear that if the plan is found to be subject to a risk, if there's any liability for either the State or employers, the plan will not be implemented.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Syverson.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Biss.

189  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Two things, first of all, there will be no liabilities for the employer, because if there are, the program will not be implemented. It's not necessarily possible to ask the Department of Labor a speculative question. So the bill is very clear that if the Department of Labor rules that those liabilities exist, the program won’t happen. On the other hand, if we were to just say, "Hey, we're not going to pass the bill, but, Department of Labor, do you mind giving the rule anyhow?", the typical response is a - - a stony silence.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Syverson.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Oberweis, what reason -- purpose do you rise?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Sponsor, he says he'll yield.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Biss.

Thank you for the important question. The bill provides that all administrative costs of any kind, including various bureaucratic administrative functions, as well as investment fees, will be deducted on a pro rata basis from, as you said, the individuals' accounts. And the bill, as now amended, says that that will max out at three quarters of a percent. I will tell you, the bill, as introduced, actually said one percent, and I spent a lot of time with people in the industry and concluded that that was too conservative, that we could -- we could drop that number from a hundred basis points to seventy-five basis points and still be comfortably in a place where it would be unquestionably affordable with state of the art investment plans. I am hopeful that it could be quite a bit lower, but I wasn't sure enough of that to put in the bill that it had to be, let's say, under fifty basis points.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 192  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Senator Oberweis.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Biss.

A board is created. The board is required to set up a target- date fund, which will be the default plan. The board also has the opportunity, if it would like to, to set up two more options -- three more options actually, a more aggressive option, a more conservative option, and then just a principal protection option. So there'll -- there will be ultimately between one and four of these options. The money will be invested by whatever vendor the board chooses to contract with, based upon an open bid process. And so our view is that having this board with a number of different entities that have to approve the members on a really transparent process will ensure that good choices are made.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Oberweis.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) 193  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Senator Biss.

Senator, they have that -- they have that precise authority today. In fact, it is currently the case that fifty-seven percent of large corporations that offer a 401(k) use, what you call, the negative response or, what I might call, the opt-out provision, because it's now, I think across -- across the industry, viewed as the -- the best way to go. I admire the fact that you and all of the companies that you've owned have -- have been able, as a matter of time and administrative hassle and finances, to provide generous retirement plans. When I talked to a lot of small- and medium- sized business owners, they don’t, not out of malice, not out of not wanting to do it, but out of, good, Lord, I'm trying to grow my business. Things are complicated and dealing with the risk of choosing between the hundreds of different options out there, figuring out what -- what my employees want and what they don't want is -- is too complex. This bill doesn’t do anything to take away employers' rights to continue to do that. In fact, we had some industry groups testifying in committee in support of the bill, specifically 'cause they thought that would happen.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Oberweis.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Biss.

194  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 That is true. Fifty-seven percent of large corporations with 401(k)s today have a default participation, so that if the employee does not do anything, they are automatically opted in.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Biss -- I mean Senator Oberweis.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Biss.

My belief is that it's also the case for IRAs. The -- the statistic in front of me is only for 401(k)s, so I'm not a hundred percent certain.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Oberweis.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Biss. 195  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

This offer is exactly that freedom. Any company that offers any plan of any kind is completely out of this bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Oberweis.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Biss.

I'm not sure I understand the question. This is not an employer contributory plan. What I'm saying is that for the employer that doesn’t offer something, maybe 'cause they're -- they're paying their employees more or maybe just 'cause they don’t have the time to set one up, there is a default option, so their employees, who don’t otherwise make a decision, find it easy to save their own money.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Oberweis.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Biss. 196  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

If you work for a company that has twenty-five or more employees and doesn't offer anything besides Social Security, you're automatically enrolled into this plan, unless you choose not to be.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Oberweis.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Biss.

Employee can choose not to be.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Oberweis.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator McCarter, what purpose do you rise? 197  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 SENATOR McCARTER: Question of the sponsor.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Sponsor said he'll yield. SENATOR McCARTER: Senator, I -- I understand your intention here, and that's to look out for the long term, you know, benefit of the employees, but let's just say -- let's say this passes both houses, signed into law. What's the possibility that you or anybody else would come back and say, now that we have this in place, we want to mandate that the employer match that three percent?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Biss.

The answer to your question, Senator, is zero and here's why: This is an IRA and an IRA is not a vehicle that allows for employer contributions. So whether or not I want it, and that's not what I want, but even if I wanted it, it would be illegal under federal law.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator McCarter. SENATOR McCARTER: To the bill. I -- I think there are, obviously, good intentions here by the sponsor. I -- I think, however, this is just one more mandate on employers that we don’t need at this time. Where this doesn’t affect me in any of my businesses, 'cause we offer plans and match funds very generously, I think you do -- you take away the ability for a small business that could be in a -- in a growth mode, where this is not the best thing for them at the 198  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 time. So I think this is one more mandate that we -- we should probably pass on. So I encourage a No vote. Thank you.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you. Senator Righter, what purpose do you rise?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) …bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you. Senator Frerichs.

Thank you very much. To the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) To the bill.

We're facing a retirement savings crisis here today, with forty percent of households with workers nearing retirement having no retirement savings. Across working age groups, the median amount of retirement savings is only three thousand dollars. Social Security was not meant to be the sole source of retirement income for retirees. We must help expand savings opportunities and the best way to do that is through mechanisms that allow for automatic savings. I support this bill because it will promote good savings behavior while giving people an option to save their own money for their future retirement. I would encourage my 200  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 colleagues to vote Yes.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you. And our final speaker is Senator Harmon.

Thank you, Mr. President. Will the sponsor yield?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Sponsor said he'll yield.

Senator, we had a great debate on this bill in the Executive Committee and we have touched on some of the same elements here in the Floor debate. I want to revisit three points, two of which I think we've covered a little bit, but I want to make sure I have a very clear answer. During the committee testimony, early on, there was reference to a -- a document that the opponents had circulated bringing up concerns about State liability or employer liability under ERISA. You’ve mentioned a little bit, but can you very clearly state how your amendment addresses that concern?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Biss.

Thank you for the question. As you said, in committee there was this -- this -- an allusion to a kind of a secret document and when I was able to see it, it turned out that it talked about a lot of liabilities that would be put on the back of the State and/or employers if this plan were to be found to be under ERISA. So, the amendment, Amendment 10, says, if that happens, the plan will not be implemented. It's extremely clear, and I would point out two things. First of all, I think this unambiguously completely addresses the specific concern. But, number two, I 201  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 would say to those who had that concern, to those who believed that it was the case that the plan would trigger ERISA and put these liabilities on the State or on employers, now you don't think the bill does anything. So anyone who, two weeks ago, felt that we had this ERISA problem should now be completely neutral on the bill, because it's a -- a non-entity anyhow.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Harmon.

Thank you, Senator. There's also been discussion on the Floor and -- as it was in committee, about the -- the costs and burdens imposed on employers. What responsibilities do employers have with this Secure Choice Program? And -- and what will this cost them?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Biss.

Thank you for that question. So this -- their responsibility is to, so to speak, conduct the election, give employees the option, the ability to opt out, and then for those who don't, to do the payroll deduction. Amendment 9 said this only applied to employers that had twenty-five or more employees. And the reason we did that is that we found a study that was done by NFIB speaking of some of the concerns of the employers themselves, a study that was done by NFIB in 2006 that said that already then only three percent of employers with more than twenty employees didn't use a payroll service. So now - that was 2006 - time has elapsed, there's been greater adoption of these online tools, and so we didn't only stick with twenty, we went all the way up to twenty- 202  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 five. We're now in a place where essentially everybody this would affect is using the kind of electronic payroll service that would make this invisible to the employer and costless.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Harmon.

Thank you, Mr. President. One last question. I believe we talked about it in committee. I don’t think it's come up on the Floor. But can the money that workers save be swept by the State?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Biss.

That's an important question, isn't it? The answer is no, and -- and one of the -- one of the amendments that we adopted in committee makes this very clear. These funds are held in trust outside the State treasury and there would be no mechanism for the State to take it. It would be equally illegal for the State to reach into your personal bank account and sweep that fund. So it's simply a private account, period.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Harmon.

Thank you, Mr. President. To the bill.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) To the bill.

I am very proud to be the chief cosponsor of this bill, but I know when you look at the board and you see Biss-Harmon, you instinctively say to yourselves, "When are you crazy liberals from 203  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Oak Park and Evanston going to stop bringing forward John McCain- endorsed, Heritage Foundation-initiated, conservative programs?" This is a conservative notion. It does what some of the critics said, it encourages savings. What this does, it does it in a simple way. It conquers the most powerful force in the world, inertia; it changes the default. I can say this from my personal experience. When I took my first job out of college, my employer had a -- had some sort of a retirement account and I was asked whether I wanted to do it, and I was young and I wasn't making a lot of money and I said no. If they had come to me and said, you're in this program, unless you say you're out, I probably would have gotten in. I probably would have been saving money since I was twenty-one. There was testimony in committee from the insurance industry, from the financial industry, about the -- the shortcomings, as they described it, in these programs and I viewed it as -- as a -- an attempt to protect a marketplace, but I think they have it backwards. I think that this opens up an entirely new market. If you're in financial services and you can now go to every employer and say, "Hey, I've got a great product for you and if you don't want to shop with me, you're going to end up with your employees in this other State-run program." This is a great opportunity for the private sector to step in, but we have to change the default. One last point, one of the previous speakers made a fairly casual and passing reference saying, well, can't people just do this today with their banks or their financial advisors? These are folks who don’t have financial advisors. Some of these folks don’t have banks. If they have banks, many of them don’t have the kind of relationship many of us have with banks, where we rely on them for advice and we invest in more 204  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 sophisticated products. This is an easy and convenient way for folks to save, many of -- many folks who will retire into poverty without this and then will come to the State looking for support. This program costs the State nothing, but it will save significant funds for people - their own funds - for people to use down the road. I strongly encourage an Aye vote.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you. Senator Biss, to close.

Thank -- thank you, Mr. President. I really appreciate this debate and I appreciate the many, many discussions I've had with so many Members in this Chamber. I want -- I want to echo something that Leader Harmon just pointed out that I learned a lot in these discussions. You know, my -- my passion about this bill came from my own experience. You know, I was a pretty sophisticated, well- educated, upper middle-class guy and got my first job and just couldn’t think about whether I would opt in to a program where the default wasn't that I was already in it. I've talked to so many Members who have had the same kind of stories about their own experience as young workers, who talk about their young adult children today, and understand that people aren't saving, not because they don’t want to, but because it's just hard for all of us -- all of us, including well-educated, sophisticated people, to plan at the age of twenty and thirty for what retirement is going to look like. This bill doesn’t force employees to do anything. It lets them do what they want, but it sets up a default for individuals who aren't, at the age of twenty, thirty and forty, thinking about this question, which if you don’t think about it at that age, you're in a world of hurt coming down the line. So I 205  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 appreciate all the discussion. We have now adopted nine amendments on this bill. They've come from a variety of different places, from industry groups, from Members. I've tried very hard to work with everyone on both sides of the ideological and partisan spectrum to accommodate as many wishes and hopes as possible and I would certainly be appreciative if you would take that into account in considering how you vote on this bill, but -- but more important than that, I would ask you to take into account the two and a half million people who we're talking about - the two and a half million people who are, right now, on a fast train to poverty in retirement, who live in your districts and my district and every single town we represent. This bill isn’t asking us to set up a government handout to give to them. It's not asking us to make the employee set up a plan. It's not asking us to make the employee pay into a plan. It's asking us to make it easy for them to save their own money. And if we pass it, that's what's going to happen. That population of people is going to start saving their own money. They're going to start putting it away, paycheck after paycheck, watching that nest egg grow and then having something to supplement Social Security when they retire. And that supplement to Social Security will be, for literally millions of people in this State, the difference between a retirement of insecurity, of fear, of dependency, and a retirement in dignity. I ask you to think of that population, to think of the impact of this bill, and I ask you to please vote Yes.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Thank you, Senator Biss. The question is, shall Senate Bill 2750 pass. All those -- 2758 pass. All those in favor, vote Yea. Opposed, Nay. The voting is open. Have all voted who wish? Have 206  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 all voted who wish? Have all voted who wish? Take the record. On that question, there are 31 Yeas, 20 -- 22 Nay, and 2 voting Present. And Senate Bill 2758, having received the constitutional majority, is declared passed. Senator Righter, what purpose do you rise?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter's requested a verification. Will all Members please be in their seat? The Secretary -- please get some order, please. The Secretary will read the affirmative votes.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Does Senator Righter question the presence of any Member voting in the affirmative?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator McConnaughay in the Chambers? Senator McConnaughay in the Chambers? …not, Mr. Secretary, please strike her name. Senator Righter, question the presence of any other Member in the affirmative? 207  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Righter, do you question the presence of any other Member?

PRESIDING OFFICER: (SENATOR SILVERSTEIN) On a verified roll call, there are -- 30 Yeas, 22 Nays, and 2 voting Present. Having received the required constitutional majority, Senate Bill 2758 -- 2758 is hereby declared passed. Senator Delgado, what purpose do you rise?

Thank you, Mr. President. Senator Biss' closing was so eloquent, he really caught my attention. As I went to vote green, I guess it didn't go on, as I went to congratulate him. Please record me -- I -- my intention was to vote Aye on that legislation.

PRESIDING OFFICER: (SENATOR SILVERSTEIN) The record will be -- reflect. Senator Muñoz in the Chair.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Silverstein, for what purpose do you seek recognition?

Just to correct the record, on Senate -- on Senate Bill 229, I should have voted Yes, but someone accidently hit the wrong switch. Please let the record reflect.

PRESIDING OFFICER: (SENATOR MUÑOZ) The record will reflect that your intentions were to vote Yes -- Aye. Senate Bill 2760. Senator Lightford. Senator Lightford. 208  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Out of the record. Senate Bill 2763. Senator Sandoval. Out of the record. Senate Bill 2764. Senator Haine. Out of the record. Senate Bill 2774. Senator Link. Indicates he wishes to proceed. Mr. Secretary, read the bill. Senator Link seeks leave of the Body to return Senate Bill 2774 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 2774. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Link, on your amendment.

Thank you, Mr. President. This changes the date of when the task force has to come into place. Be more than happy to talk on 3rd Reading.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) 3rd Reading. On the Order of 3rd Reading, Senate Bill 2774. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Link.

Thank you, Mr. President. This creates a task force to prepare reporting regarding regulations on tax return preparers. This report will determine the appropriate scope of such regulations, educational requirements, and any other matters related to the regulation of tax preparers that the task force seems -- deem appropriate. I know of no objection to the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 2774 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 2774, having received the required constitutional majority, is declared passed. Senate Bill 2775. Out of the record. Senate Bill 2829. Senator Link. Indicates he wishes to proceed. Senator Link seeks leave of the Body to return Senate Bill 2829 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading, Senate Bill 2829. Mr. Secretary, are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Link, on your amendment.

The amendment's just changing a word from shall to may. Be 210  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 more than happy to discuss it on 3rd Reading.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) 3rd Reading. On the Order of 3rd Reading, Senate Bill 2829. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Link.

Thank you, Mr. President. It states that any successful appeal of an adverse decision by the Code Hearing Unit of a municipality under Article III of this Code, the court may award plaintiffs all reasonable costs, including court costs and attorney fees, associated with the appeal. Subsection does not apply to municipalities where the Code Hearing Department is established pursuant to Division 2.1 of Article 1 of the Municipal Code. Be more than happy to answer any questions.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 2829 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who 211  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 49 voting Aye, 7 voting Nay, 0 voting Present. Senate Bill 2829, having received the required constitutional majority, is declared passed. Senate Bill 2870. Senator Silverstein. Out of the record. Senate Bill… Out of the record. Senate Bill 2928. Senator Link. Indicates he wishes to proceed. Senator Link seeks leave of the Body to return Senate Bill 2928 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 2928. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Link.

Thank you, Mr. President. This just corrects something for the Environmental Protection Act. Be more than happy to explain it on 3rd Reading.

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

PRESIDING OFFICER: (SENATOR MUÑOZ) 3rd Reading. On the Order of 3rd Reading, Senate Bill 2928. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Link.

Thank you, Mr. President. As amended -- the Environmental Protection Act to allow law enforcement agencies to collect, store, and transport pharmaceutical, including controlled substance, to a facility permitted by the Illinois EPA. All pharmaceuticals must be handled in accordance with State and federal laws. I know of no opposition to the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 2928 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, 0 voting Nay, 0 -- 0 voting Present. Senate Bill 2928, having received the required constitutional majority, is declared passed. Senate Bill 2929. Senator Sandoval. Out of the record. Senate Bill 2952. Senator Jacobs. Out of the record. Out of the record. Senate Bill 2995. Senator Raoul. Indicates he wishes to proceed. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) 213  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Senator Raoul.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2995 is an initiative of the Innocence Project. It's a measure that was brought to my attention by Governor Jim Thompson. Senate Bill 2995 allows an individual who has pled guilty to a petition for post-conviction DNA testing, notwithstanding his or her plea of guilty. Currently, only an individual who went to trial may seek post-conviction DNA testing. Accordingly, post-DNA -- DNA -- post-DNA testing may be denied on the basis of a guilty plea. Under negotiations between the Innocence Project and the State's Attorneys' Association, the Cook County State's Attorney's Office, we agreed to a provision that requires a person who pled guilty to establish that the result of the testing would raise a reasonable probability that the defendant would have been acquitted if the results of the evidence to be tested had been available prior to the defendant's guilty plea.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 2995 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, 0 voting Nay, 0 voting Present. Senate Bill 2995, having received the required constitutional majority, is declared passed. Senate Bill 2997. Senator Link. Out of the record. Senate Bill 3004. Senator Lightford. Out of the record. Senate Bill 3007. Senator Harmon. Out of the record. Senate Bill 3023. Senator Mulroe. Indicates he wishes to proceed. Mr. Secretary, read the bill. 214  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Mulroe.

Thank you, Mr. President and Members of the Senate. Senate Bill 3023 amends the Mechanics Lien Act. Currently, you -- you cannot waive your mechanic lien -- lien right under the Act. It would be against public policy and unenforceable. This bill clarifies that an agreement to subordinate a lien, the mechanics -- or the contractor's lien, is also against public policy. The amendment removed all opposition and provides an exception to that, and the exception is that an agreement to subordinate a mechanics lien to a mortgage lien that secures a construction loan is valid and enforcement -- enforceable if that agreement is made after more than fifty percent of the loan has been disbursed to fund improvements to the property. I know of no opposition at this point. I would ask for your support.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Senator Murphy, for what purpose do you seek recognition?

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

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Mulroe.

You -- and thank you very much, Senator Murphy. We -- Senator Sullivan, it's all -- it's all due to the sponsor of the bill. Actually, I met with the stakeholders at the -- in the district office for three hours. Thank you very much, Mr. Murphy. Always ready for a softball question. So, thank you very much. It's a - - it is an agreed bill, though.

PRESIDING OFFICER: (SENATOR MUÑOZ) There being no further discussion, the question is, shall Senate Bill 3023 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, 0 voting Nay, 0 voting Present. Senate Bill 3023, having received the required constitutional majority, is declared passed. Senate Bill 3033. Senator Frerichs. Out of the record. Senate Bill 3038. Senator Raoul. Indicates he wishes to proceed. Mr. Secretary, read the bill. Senator Raoul seeks leave of the Body to return Senate Bill 3038 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading, Senate Bill 3038. Mr. Secretary, are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul, to your amendment. 216  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

The amendment's the bill. I'll explain it on 3rd.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Senator LaHood, for what purpose do you seek recognition? SENATOR LaHOOD: Yeah, on…(microphone cutoff)…

PRESIDING OFFICER: (SENATOR MUÑOZ) All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) 3rd Reading. Senate Bill 3038. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.

Thank you. Senate Bill 3038 is language that has been agreed to by AFL-CIO and the Chamber of Commerce to clarify that -- prohibited acts under the work -- Workplace Violence Prevention Act. The bill -- bill amends the Act to exempt individuals engaged in monitoring, picketing, protests, and other lawful acts that might arise from a labor dispute.

PRESIDING OFFICER: (SENATOR MUÑOZ) 217  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Senator LaHood. Sponsor indicates he will yield. SENATOR LaHOOD: Thank you. Senator Raoul, for purposes of legislative intent, is the exemption intended to protect an individual who criminally threatens or criminally acts, even if the individual is engaged in a lawful labor activity?

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.

No. The exemption being proposed is intended to protect individuals who are lawfully participating in a lawful labor activity, as provided in the new provision.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator LaHood. SENATOR LaHOOD: And, Senator Raoul, what is considered as an exempt activity?

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.

Lawful monitoring of compliance with workplace safety laws, wage and hour requirements, or other statutory -- workplace requirements; lawful picketing, patrolling, using a banner, or other lawful protesting at the workplace and which arises out of a bona fide labor dispute; and engaging in concerted and protected activities as defined by that -- by applicable labor law.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator LaHood. SENATOR LaHOOD: Last question, Senator Raoul. What would be considered a 218  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 bona fide labor dispute?

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.

Any activity recognized by the NLR -- National Labor Relations Act, the Illinois Public Labor Relations Act, and the Illinois Educational Labor Relations Act as a labor dispute. A bona fide labor dispute includes a controversy concerning wages, salaries, hours, working conditions, or benefits, including health and welfare, sick leave, insurance, and pension or retirement provisions; the terms to be included in collective bargaining agreements; and the making, maintaining, administering, and filing of protests of {sic} (or) grievances under such collective bargaining agreements.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator LaHood. SENATOR LaHOOD: Those are all my questions. Thank you.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any other discussion? Senator Raoul, to close.

I'm just happy that we were able to bring about this agreement and I'm on my way to Beirut as well.

PRESIDING OFFICER: (SENATOR MUÑOZ) The question is, shall Senate Bill 3038 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, 0 voting Nay, 0 voting Present. Senate Bill 3038, having received 219  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 the required constitutional majority, is declared passed. Senate Bill 3092. Senator Delgado. Out of the record. Senate Bill 3108. Senator Noland. Indicates he wishes to proceed. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Noland.

Thank you, Mr. President. Senate Bill 3108 amends the Local Government {sic} (Governmental) and Governmental Employees Tort Immunity Act. Provides that the funds -- that funds from certain taxes authorized under the Act may be used for the funding of preventative maintenance measures, such as those on sprinkler systems. I know of no opposition. Ask for an Aye vote.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Any discussion? Being none -- oh! Sorry. Senator Righter, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR MUÑOZ) Sponsor indicates he will yield. Senator Righter.

PRESIDING OFFICER: (SENATOR MUÑOZ) 220  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Senator Noland.

Senator, my -- and I -- by the way, I just knew that you were going to visit upon me one more time today. But my understanding is that it can be used for any -- any form of risk management, really, for the fire district itself. So…

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Righter.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Noland.

For the repair and maintenance of sprinkler systems, as I indicated in my original comment here. Would be for -- for insurance purposes, no doubt. This bill and the need for this bill was born out of an incident that occurred to a -- a village where, believe it or not -- you know, it was a fire department. Left for a call. Left -- unfortunately, left some chili sitting on the stove. When they came back, their firehouse had burned down. Now, unfortunately, they didn't have the funds in their -- available to them in their general fund to -- to rebuild the firehouse, so we're trying to access additional funds through the Tort Immunity -- or this -- this particular fund, the Government {sic} Employees Tort Immunity Act and the fund that's relevant to that -- that Act, to help them rebuild their firehouse, and others just in case such misfortune might befall them.

PRESIDING OFFICER: (SENATOR MUÑOZ) 221  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Senator Righter.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Noland.

Well, since the fire districts came to me and asking for this, I would have to respond in the negative, but I -- for your edification, I would inform you that this involves no tax increases whatsoever. Doesn't violate PTELL. It will only be used for the purposes of installing, like I say, the fire hoses and fire sprinklers. And it only relates to PTELL communities.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Righter.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Noland.

I don’t believe that that would -- is a necessary consequence of accessing these funds through this particular -- this -- this 222  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 -- this fund, this tort immunity fund.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Althoff, for what purpose do you seek recognition?

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

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any other discussion? Any other discussion? Senator Noland, did you want to close?

Thank you. It's my understanding that this particular fund and any funds and any expenditures related to it come under PTELL. So I'm not sure that it's necessarily going to affect or it's going to cause us to have to increase the levy. So I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR MUÑOZ) The question is, shall Senate Bill 3108 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 38 voting Aye, 17 voting Nay, 0 voting Present. Senate Bill 3108, having received the required constitutional majority, is declared passed. Senate 223  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Bill 3109. Senator McGuire. Senator McGuire seeks leave of the Body to return Senate Bill 3109 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 3109. Mr. Secretary, are there any further -- are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator McGuire, on your amendment. SENATOR McGUIRE: Thank you, Mr. President. The amendment becomes the bill. I'll be happy to explain it on 3rd Reading.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) 3rd Reading. On the Order of 3rd Reading, Senate Bill 3109. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator McGuire. SENATOR McGUIRE: Thank you, Mr. President, Ladies and Gentlemen of the Senate. 224  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Senate Bill 3109 amends the Illinois Optometric Practice Act to continue to allow optometrists the ability to prescribe a limited supply of hydrocodone in the event that the U.S. Food and Drug Administration reclassifies hydrocodone from a Schedule III controlled substance to a Schedule II controlled substance.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Any discussion? There being none, the question is, shall Senate Bill 3109 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, 2 voting Nay, 0 voting Present. Senate Bill 3109, having received the required constitutional majority, is declared passed. Senate Bill 3112. Senator Althoff. Indicates she wishes to proceed. Senator Althoff seeks leave of the Body to return Senate Bill 3112 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 3112. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Althoff, on your amendment.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration? 225  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

PRESIDING OFFICER: (SENATOR MUÑOZ) 3rd Reading. On the Order of 3rd Reading, Senate Bill 3112. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Althoff.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Seeing none, the question is, shall Senate Bill 3112 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, 0 voting Nay, 0 voting Present. 226  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Senate Bill 3112, having received the required constitutional majority, is declared passed. Senate Bill 3137. Senator Jones. Out of the record. Senate Bill 3144. Senator Syverson. Indicates he wishes to proceed. Senator Syverson seeks leave of the Body to return Senate Bill 3144 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 3144. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Syverson, on your amendment.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Syverson, on your Amendment 3.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) 3rd Reading. On the Order of 3rd Reading, Senate Bill 3144. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Syverson.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Any discussion? The question is, shall Senate Bill 3144 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. 28 voting Aye, 23 voting Nay, 1 voting Present. Senate Bill 3144, failed to receive the required constitutional majority, is declared failed. Senator Syverson.

PRESIDING OFFICER: (SENATOR MUÑOZ) Granted. The bill will be on Postponed Consideration. 3171. Senator Trotter. Indicates he wishes to proceed. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Trotter.

Thank you very much, Mr. President, Members of the Senate. Senate Bill 3171 eliminates language limiting medical assistance for adult podiatry services to individuals with diabetes and with other illnesses, foot illnesses. This was an Act that came about -- or the elimination came about as a consequence of our SMART Act, but this is another example that we weren't as smart as we thought we were in trying to achieve savings. So I'm asking that we put the language back in.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Senator Righter, for what purpose do you seek recognition?

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

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any other discussion? Senator Trotter, to close.

Thank you very much, Mr. President. Again, couple years ago, we did make a very concerted effort to try to reel in costs on a lot of fronts - Medicaid certainly was one of them. Our goal was to cut 2.7 billion dollars out of the Medicaid budget so we can at least look forward and assuming that we do not have many things on the books that were unnecessary and it was costing this State money. Well, that wasn't the first time that we came up with that 231  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 plan. We came up with it first in 1995, when we cut podiatry services, and then five years later, we reinstated it because we realized, just as we realize now, the five million dollars, the five million dollars that we cut out of that 2.7-billion-dollar budget actually was costing us really another two hundred and ten million dollars for other services. We certainly wanted to look at diabetes because that's the most evident, but there are other vascular diseases, like cellulitis, that also causes amputations. And when we talk about amputations, we're talking about people now who's going to need services, of transportation services, going to need a lot of other rehabilative {sic} services, and costs that that five million dollars we thought we were going to save is now going to raise the cost up again. Texas, Connecticut, Michigan, they all thought the same thing as well, let's cut. They have reinstated because they realize the value of preventive care, of -- of preventive podiatry care, and the cost, the overall cost, of what it would be, and because of that I think we need to look at some of the things that we did in our zealousness of trying to cut 2.7 billion dollars, that we put this five million dollars back into the budget. And I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR MUÑOZ) The question is, shall Senate Bill 3171 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, 39 voting Aye, 14 voting Nay, 0 voting Present. Senate Bill 3171, having received the required constitutional majority, is declared passed. Senate Bill 3225. Senator Morrison. Senator Morrison seeks leave of the Body to return Senate Bill 3225 to the Order of 2nd Reading. Leave is 232  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 granted. On the Order of 2nd Reading is Senate Bill 3225. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Morrison, on your amendment.

Thank you, Mr. President. I would ask the Body to adopt this amendment for discussion on 3rd Reading, please.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) 3rd Reading. On the Order of 3rd Reading, Senate Bill 3225. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Morrison.

Thank you, Mr. President, Members of the Senate. The Illinois Law Enforcement Training Standards Board would be empowered to conduct or approve a training program in veterans' awareness for 233  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 law enforcement officers of local government agencies. This is permissive. It encourages that each local government agency has a designated person to be responsive to veterans' issues. I'm happy to answer any questions.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 3225 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, 0 voting Nay, 0 voting Present. Senate Bill 3225, having received the required constitutional majority, is declared passed. Senate Bill 3255. Senator Cullerton. Out of the record. Senate Bill 3258. Senator Raoul. Indicates he wishes to proceed. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 3258 makes changes to the Correctional Budget and Impact Note Act, including adding the Department of Juvenile Justice to the Act and expanding which bills need a budget note, changing how a note is prepared, requiring the sponsor to show how a bill will be funded.

PRESIDING OFFICER: (SENATOR MUÑOZ) 234  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Is there any discussion? Senator Righter, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR MUÑOZ) Sponsor indicates he will yield. Senator Righter.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.

What was the question? Can you -- what was the end of the question? You're asking me if that's in the bill or…

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Righter.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.

Yes. Yes, I'm sorry. 235  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Righter.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.

This is -- this is modeled after legislation in Virginia and legislation that you and I sponsored together in previous General Assemblies to make sure that people are identifying how are they going to pay for things that have impact on -- on the Department of Correctional -- Corrections' budget - in this case, the Department of Juvenile Justice's budget.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Righter.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.

You know, my focus here is on the Correctional budget and Department of Juvenile Justice. That's been my area of expertise. I've yielded the Medicaid budget and the Healthcare and Family Services to my roommate and so he's got greater expertise in that area than I do.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Righter.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.

Yeah -- yeah, the distinction, I think, here is we have an appropriations process that looks at the elements of -- of -- the other elements in the other areas of the budget within the budget 237  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 of the various departments. When you start talking about sentencing, that's usually not a component element of -- of a budget within the Department of Juvenile Justice or the Department of Corrections. So there's -- there's a bit of a distinction between how much it's going to cost for certain programs in the Healthcare and Family Services' budget and there's no itemization for each criminal offense as to how much that's going to cost to the Department of Corrections' budget. So there is a distinction between what you would suggest is apples and apples as comparing it to the other -- other budgets.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Righter.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.

Yeah, again, I think it's -- it's -- it's distinguishable and I'll agree to disagree on this, because I think people are not -- as cognizant with criminal penalties and -- and -- and delinquency penalties as to the -- the cost of things and -- and their -- their -- the history has been here that we've -- we've been willing to just - so we could send our newsletters out saying we're tough on crime - enhance a penalty, or because we want to -- we want to be reactionary to an event in our district, say, oh, well, let's ratchet up the penalty on this or that or let's add a new offense that's redundant to something that's already in -- in the Code - let's do it. And because it's -- I can be characterized as tough on crime, I'm -- I'm -- I'm willing to shrug my shoulders and just move -- move on, notwithstanding the fact that it's going to have a grave impact on -- on -- on our correctional costs. There are states throughout the United States that have realized that that philosophy has cost them millions and millions of dollars and that's why we have some of the same individuals I mentioned earlier getting on boards with initiatives like this to try to control -- costs in Corrections and the Department of Juvenile Justice.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Haine, for what purpose do you seek recognition?

To the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) To the bill, Senator. 239  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

And I am certainly reluctant to speak against my esteemed friend and colleague's bill, and Senator Raoul and I have worked together on the Criminal Law Committee to kill mandatory prison terms wherever we -- we can. We -- we have worked to limit and to amend those bills that take away the discretion of a State's Attorney to charge or a judge to sentence. But the trouble I -- so I -- I'm with Senator Raoul in his basic philosophy here, but let me tell you, Ladies and Gentlemen, this bill, in my opinion, strikes at the heart of the legislative authority and power and duty. The Legislature decides penalties and they do it based upon a colloquy with their citizens. They do it on a public need. So we file a bill and we can’t proceed with it because we're encumbered by a bureaucratic opinion as to what it would cost, and that is a direct imposition on the Legislature's authority. It's an unconstitutional ceding of authority to the Executive Branch. These decisions as to cost are taken into account. This goes back centuries. The citizens of a county were taxed for the common jail and they were taxed for the common jail to preserve order and peace in the community by locking up murderers, rapists, and others. And there wasn't a sheriff there, saying, wait a minute. You can’t proceed with this until I determine the cost of me maintaining the prisoners. I mean, the way to -- to do this is do what we do. We limit, wherever we can, unnecessary, duplicative publicity-seeking criminal bills. But we don't do it, I don't believe, by ceding to a bureaucracy, the Juvenile Justice Authority, the power to determine whether my idea or your idea, which is a reflection of the community's need as a result of a great crime, should be enacted in -- in -- in -- into law. I mean, 240  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 I don't know what the State of Virginia's done, but their track record in the last hundred and fifty years hasn’t been very good for good sense. And so I'm -- I would ask for a No vote. Thank you.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any other discussion? Senator Raoul, to close.

You know, perhaps I should clarify, 'cause this -- this does not cede to the Department of Juvenile Justice the authority. All it does is says, to the Department of Juvenile Justice, tell us how much it'll cost, and then we make the decision. This is no different than a -- multiple bills that we pass out of this Chamber near unanimous with regards to the correctional budget with Senator Haine's vote and Senator Righter's vote and everybody else in this Chamber's vote. We -- we're just asking them how much it -- it - - it -- it should cost, and I think we ought to do that, because we're blindly doing this and -- and Senator Haine, Senator Righter and -- and Senator Mulroe, Senator Noland, and the rest of the members of the Criminal Law Committee, we sit there as members come in continuously just for -- for whatever reason, whatever good intent, come -- come with bills oblivious to the cost and we ought to know. We ought to know. And it still remains within our authority to -- to -- to -- to make that -- that decision. It still remains within our authority to make that decision as to whether we -- we -- we go on. You just suggest it. We -- we -- we just suggest it. It doesn’t -- it doesn't mandate you can’t go forward. All you do is suggest how -- how -- how are you going to pay for it.

PRESIDING OFFICER: (SENATOR MUÑOZ) 241  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Question is, shall Senate Bill 3258 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 45 voting Aye, 6 voting Nay, 0 voting Present. Senate Bill 3258, having received the required constitutional majority, is declared passed. Senate Bill 3270. Senator McConnaughay. Out of the record. Senate Bill 3276. Senator Althoff. Senator Althoff seeks leave of the Body to return Senate Bill 3276 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading, Senate Bill 3276. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Althoff, on your amendment.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) 3rd Reading. On the Order of 3rd Reading, Senate Bill 3276. Mr. Secretary, read the bill. 242  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Althoff.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Being none, the question is, shall Senate Bill 3276 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3276, having received the required constitutional 243  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 majority, is declared passed. Senate Bill 3283. Senator Trotter. Indicates he wishes to proceed. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Trotter.

…President and Members of the Senate, Senate Bill 3283 expands the definition of "relative" to include a "fictive kin" in the Children and Family Services Act and the Child Care Act. It defines "fictive kin" as an individual unrelated to a child by birth or marriage, but who has close personal or emotional ties with that child being placed with them. It requires the Department of DCFS to create rules establishing the criteria, identification, and licensure of fictive kins by January 1st, 2015. This bill is an effort to maintain important family life connections. There are some discussions between -- there is a opponent - the Cook County Public Guardian's Office. They are working with the Department of Family Services and will more than likely amend this bill when it gets to the House.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? There being none, the question is, shall Senate Bill 3283 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3283, having received the required 244  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 constitutional majority, is declared passed. Senate Bill 3287. Senator Raoul. Indicates he wishes to proceed. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 3287 amends the Workers' Compensation Act and amends the immunity provision. The bill limits immunity to safety service organizations that are wholly owned by the employer or insurer, as opposed to third-party safety service organizations.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Senator Dillard, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator McGuire, for what purpose do you seek recognition? SENATOR McGUIRE: Thank you, Mr. President. Question of the sponsor, please.

PRESIDING OFFICER: (SENATOR MUÑOZ) Sponsor indicate he will yield. SENATOR McGUIRE: 246  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Senator Raoul, for purposes of legislative intent, I ask, is this legislation intended to encompass service providers that are not wholly owned by employers, yet who do assist employees with body mechanics and posture, health and wellness, onsite rehabilitation, proper lifting techniques, stretching programs and ergonomics?

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.

No. It does not apply to those.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Barickman, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR MUÑOZ) Sponsor indicates he will yield.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.

The -- the purpose is to clarify the original intent of the Workers' Compensation Act, which is to provide that immunity with the understanding that the employee was going to be protected to the employer and the employer's insurer. Workers' Compensation Act does not extend to third parties. That's why today you're -- 247  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 you're -- if you're injured because of the negligence of the third party and it happens to be also a workplace accident, you can sue that third party and it's -- I'm glad you asked the question, 'cause to -- to the previous speaker's indication that this is going to cost employers more - no, it will allow employers to recoup their costs, as they do -- currently do when third parties who are responsible for the injury are sued by the injured worker. And -- and this -- this is not just about trial lawyers. This is about injured workers who are injured because of some third party's negligence.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Barickman.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.

248  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Apparently, there's an -- there was an ambiguity in the Act that led the -- the courts -- and this often happens between the Legislature and the courts. Legislature pass something. The courts interpret it a different way, and we react. This is nothing new. And so we're -- we're acting as a Legislature to express what our intent is and what -- what our intent originally was and -- and -- and the -- we don't mean to have the Workers' Compensation Act to extend beyond the employer and the employers' insurer.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Barickman.

PRESIDING OFFICER: (SENATOR MUÑOZ) To the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Mulroe, for what purpose do you seek recognition?

Thank you, Mr. President, Members of the Senate. Questions of the sponsor.

PRESIDING OFFICER: (SENATOR MUÑOZ) Sponsor indicate he will yield.

Senator Raoul, I'm -- I'm not an expert in workers' comp, but I have a -- a vague notion what it's all about. When it was initially enacted a long, long time ago, what was the purpose of workers' comp?

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.

It -- it was to provide the -- in -- in law, an exclusive remedy for -- for employees injured on a job to have the cooperativeness amongst employers and employees. It was not to immunize any third party that -- that may have contributed to an injury, notwithstanding the fact that it -- it happened while on duty or at the worksite. So, for example, if somebody working in this building were injured by a -- a falling chandelier that was hired by the State to -- that was installed by somebody hired by the -- by the State, you would still be able -- notwithstanding the -- the fact that it was -- could be characterized as a work- 250  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 related injury, you would be able -- still be able to sue under the law currently today that party that installed that chandelier.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Mulroe.

That's -- that's a good example. Let's go with that. So if I was injured while I was working as an employee of the State and {sic} a chandelier that was negligently installed by a third party contractor, I would make a claim under workers' comp and receive benefits. Correct?

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.

Yes. Yes, you would.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Mulroe.

In that case and if I actually had a cause of action against the installer of the chandelier and recovered under that cause of action, the employer would be -- put a lien on that claim and then would receive -- or the workers' comp carrier would receive that money back. Isn't that correct?

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.

That is exactly correct.

PRESIDING OFFICER: (SENATOR MUÑOZ) …Mulroe.

251  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Well, in that case, aren’t we almost reducing the cost to the employers in that situation? So, in effect, in my -- in this scenario, the cost of the workers' comp insurance should be going down, if someone else, a third party contractor, is going to be assuming the responsibility, if they were negligent.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.

That is correct. The employer would be able to recover their cost expended for the medical and the -- and -- and -- and the other -- temporary disability due to the workers' comp claim.

PRESIDING OFFICER: (SENATOR MUÑOZ) For the fifth time, Senator Mulroe.

…right. Last one. So, in effect, the -- the premiums of the workers' comp -- this could actually benefit employers in Illinois. Is that correct?

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.

Yes, assuming that the insurance companies pass those savings on.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator McCarter, for what purpose do you seek recognition? SENATOR McCARTER: A few questions of the sponsor, please.

PRESIDING OFFICER: (SENATOR MUÑOZ) Sponsor indicates he will yield. SENATOR McCARTER: 252  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Senator, the -- first of all, let me -- the -- the previous speaker used an illustration of a installed chandelier, but I -- I think we ought to make it real clear, this -- what we're talking about here is someone that's not in the business of installing chandeliers, but actually providing services to help a company create a safer environment. That's their business, is to come in and help with those kinds of things. So, don't you think that if we transfer this liability to them, okay, from some error, don’t you think -- will they be more likely or less likely to want to offer competitive prices and stay in that business?

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.

I think they'll be more likely to create a safe workplace, which is -- which ought to be the objective of the Workers' Comp Act. So they'll be incented, because they know that if they -- they don’t -- don't do their job efficiently, if they do their job negligently, they'll be on the case to make sure they do their -- their job right, which is why we have a civil justice system and which -- which is why we have the Workers' Comp Act.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator McCarter. SENATOR McCARTER: Senator, don't you think if that's their primary business, that their whole goal is -- is to -- to make their clients' environment as safe as possible?

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.

253  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 There are all sorts of businesses out there, Senator - some who do their jobs well and some who don’t do them well. And when they don’t do them well and when they do something negligent, our civil justice system - and it's been like this for -- for -- for centuries; we've adopted it from common law - our civil justice system allows us to recover for such negligence. And -- and -- and we shouldn’t hamper that with -- with -- with regards to third parties with -- with our workers' comp law.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator McCarter. SENATOR McCARTER: Senator, smaller companies, like mine, we -- we can’t put someone as a director over safety. Okay? I mean, we have very few middle management positions. It would be great if we could. It'd be great if we could have someone just over personnel, just over this, but you can’t in a small business, so you -- you -- you lean on your insurance agents and providers to give you guidelines what's going -- what kind of -- how you can create the least risk, therefore getting the best price on the policy. Right? Don't you think -- let me just say, first of all, is that liability going to go to the inspector from my agent who comes in and says this is the way you can make this a safer environment? Will that liability go to that inspector or that broker?

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.

If that inspector's an employee of your insurer, there -- there's an immunity.

PRESIDING OFFICER: (SENATOR MUÑOZ) 254  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Senator McCarter. SENATOR McCARTER: If the inspector is an employee of the insurer, he's immune from any liability. Is that what you're saying? Or you're not? I mean, I -- the way I read this is he is liable at this point if he provides any consulting advice that could be connected to an injury.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.

Same answer as before.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator McCarter. SENATOR McCARTER: To the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) To the bill. SENATOR McCARTER: Ladies and Gentlemen, there are a lot of things we could be doing today. There are a lot of cases that we could be addressing. The State Chamber has created a whole book showing cases that we could follow to bring real reform to the system. We could be talking about causation because of the case, Circuit City versus the Illinois Workers' Compensation Commission or Johnson versus the IWCC. We could be talking about traveling employee. We could be talking about shoulder injuries no longer being part of the arm. We could be talking about employees being paid benefits while on temporary disability, who have engaged in criminal activities at the workplace. But, instead, we're extending liability, 255  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 extending the ability to file -- to place judgments on people, creating disincentives for those people that are -- that are there as their primary business to -- to provide safe environments to come in now, because they're going to be liable. That cost will go right back to the employers and to clarify, the answer was -- the answer was, by one of the previous speakers, that the reason this -- this workers' comp system came into place was to protect workers. Well, that's true, but it was also to protect employers from catastrophic incidents that would take them under. Now, you know, the last -- the last reform we were promised five hundred to seven hundred million dollars in savings and it ended up being three hundred. Why didn’t it work? Because the AMA guidelines are not being implemented by arbitrators and the -- the preferred provider system is so bureaucratic that only a handful of employers can use it. You know, we're at two -- our average in this State is two dollars and eighty-three cents. We're a dollar higher than Missouri or even -- even higher than that, than Indiana. We should be focusing on something like causation, which, I know, this obviously means very little because it's not a priority, 'cause these bills were placed in front of you and you never addressed them. You never gave 'em a hearing. This is the wrong direction. You're not making Illinois safer, workplaces safer. We're one of the safest in the United States right now. And you're going in the completely wrong direction. I urge a No vote.

PRESIDING OFFICER: (SENATOR MUÑOZ) Question is, shall Senate Bill 3287 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 35 voting Aye, 19 voting 256  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 Nay, 0 voting Present. Senate Bill 3287, having received the required constitutional majority, is required passed -- is declared passed. Senator Sullivan, for what purpose do you seek recognition?

Thank you, Mr. President. A point of personal privilege.

PRESIDING OFFICER: (SENATOR MUÑOZ) State your point.

Ladies and Gentlemen, we have some guests with us in the gallery, over on the Republican side. They are members of the Roseville-Swan-Point Pleasant-Ellison rural Fire Protection District. If you'll stand as I -- as I name -- mention your names. Darrell Page, Jeremy Wise, Thad Tharp, Todd Adkisson, John B. Kane, and Art Kane - good friends of mine. They're here on kind of a lobby day today. I'd like everybody to welcome them to the Illinois State Senate, if you would, please.

PRESIDING OFFICER: (SENATOR MUÑOZ) Welcome to the Senate, gentlemen. Thank you for your service. We will now proceed to Senate Resolutions. Senate Resolution 201. Senator Sandoval. Mr. Secretary, read the resolution.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Sandoval.

Thank you, Mr. President, Members of the Illinois Senate. Senate Resolution 201 is -- goes forward through recognizing the storied history of Fox College, a fine and academic institution in 257  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 my district and many of our -- in our region in the southwest quadrant of Chicago. It's got a storied history and it's made significant contributions to the field of higher education. It was founded in 1932 by Earl B. Fox. And just to be short and brief, I want to also accolade them for last years' seventy-five percent of their -- Fox College first-time/full-time students graduated from their programs, thus, no doubt, making them worthy of being honored here this afternoon. So Senate Resolution 201 goes forward to celebrate the history of Fox College and recognize its commitment to community and the field of higher education. And I'd like to recognize them on this day here in the State of Illinois and the Illinois Senate.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? There being none, the question is, shall Senate Resolution 201 pass. All those in favor, vote {sic} Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Next, we have Senate Joint Resolution 42. Senator Delgado. Mr. Secretary, read the resolution.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Delgado.

Thank you, Mr. President and Members of the Senate. Senate Joint Resolution No. 42 seeks to petition Congress to call for a federal Constitutional Convention for the purpose of amending the United States Constitution to solely address concerns raised in the Supreme Court ruling in Citizens United versus the FEC and related cases that allow unlimited election spending. And I would 258  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 108th Legislative Day 4/9/2014 just point out that eighty-seven percent of Americans are deeply troubled by the influence that money has over the political process. And I would ask for your Aye vote.

PRESIDING OFFICER: (SENATOR MUÑOZ) There any discussion? Senator McCarter, for what purpose do you seek recognition? SENATOR McCARTER: Request a recorded roll call, please.

PRESIDING OFFICER: (SENATOR MUÑOZ) A roll call is already required. We're going to read that. Is there any further -- other discussion? Seeing none, pursuant to the Senate Rule 6-3, a three-fifths majority is required to adopt this resolution. A roll call is required. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 37 voting Aye, 15 voting Nay, 0 voting Present. Senate Joint Resolution 42, having received the required constitutional majority, is declared adopted. The Senate will stand at ease for a few minutes to allow the Committee on Assignments to meet. The members of the Committee on Assignments will come to the President's Anteroom immediately. The Senate will stand at ease. (at ease) Mr. Secretary, Message from the House.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senate will come to order. Mr. Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR MUÑOZ) We have one committee tomorrow at 9:30 a.m. That's Executive Committee in Room 212, 930 a.m. tomorrow. …now proceed to the Senate Supplemental Calendar 1. Mr. Secretary, can you read the -- Senate Joint Resolution 40 for the first time in full?

PRESIDING OFFICER: (SENATOR MUÑOZ) Mr. Secretary, 2nd Reading. Senator McConnaughay, for what purpose do you seek recognition? SENATOR McCONNAUGHAY: Thank you, Mr. President. I was unable to get to my switch fast enough on SB 3558. I would like the record to reflect a Yes vote, please.

PRESIDING OFFICER: (SENATOR MUÑOZ) The record will reflect a Yes vote, Senator. There being no further business to come before the Senate, the Senate stands adjourned until the hour of 10 a.m. on the 10th day of April, 20… Senate stands adjourned. 261