Illinois Senate Floor Debate — May 23, 2014

PRESIDING OFFICER: (SENATOR SULLIVAN) Good morning. The regular Session of the 98th General Assembly will come to order. Will all the Members be at their desks? Will our guests in the galleries please rise? The invocation today will be given by Pastor Wes Wilkey, Faith United Methodist Church, Champaign, Illinois. Pastor Wilkey.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Please remain standing for the Pledge of Allegiance. Senator Jacobs, to lead us in the Pledge.

(Pledge of Allegiance, led by Senator Jacobs)

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

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter.

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

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter moves to postpone the reading and approval of the Journal, pending arrival of the printed transcripts. There being no objection, so ordered. Mr. Secretary, Resolutions.

PRESIDING OFFICER: (SENATOR SULLIVAN) Resolutions Consent Calendar. Ezell Rainey with Blueroomstream.com requests permission to videotape. Seeing no objection, leave is granted. Mr. Secretary, Resolutions. Excuse me. Mr. Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR SULLIVAN) Mr. Secretary, Messages from the House.

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

PRESIDING OFFICER: (SENATOR SULLIVAN) Senate will stand at ease for a few minutes to allow the Committee on Assignments to meet. Will all members of the Committee on Assignments please come to the President’s Anteroom? All members of the Committee on Assignments please come to the President’s Anteroom. The Senate will stand at ease. (at ease) Senator Noland, for what purpose do you rise?

Thank you, Mr. President. A point of personal privilege, if I may.

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

Thank you, Mr. President. Mr. President, on the Republican side in the -- in the gallery above, we have some special folks visiting Springfield today from my district. They are from Clinton Elementary, where they are home to the Clinton Cougars, in South Elgin and they are also accompanied by their teachers, one of which 3  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 -- Michelle Mann. If you would please provide them with -- I'm going to ask them to stand up and ask the Senate to provide them with a warm Senate welcome, please.

PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, let's welcome the Clinton Cougars to the Illinois Senate. Great to have you here today. Thanks for joining us. (at ease) Senate will come to order. Mr. Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, if I could have your attention. Will all Members within the sound of my voice please come to the Senate Floor immediately? We're going to be going to the Order of House Bills 3rd Reading just momentarily. All Members within the sound of my voice please come to the Senate Floor immediately. Mr. Secretary, Messages from the House.

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

PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, the Senate will stand at ease for a few minutes to allow the Committee on Assignments to meet. Will all members of the Committee on Assignments please come to the President’s Anteroom? Committee on Assignments, all members to the President’s Anteroom. Senate will stand at ease. (at ease) Senate will come to order. Mr. Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR SULLIVAN) Mr. Secretary, Resolutions.

PRESIDING OFFICER: (SENATOR SULLIVAN) Resolutions Consent Calendar. Ladies and Gentlemen, we're ready to go to the Order of House Bills 3rd Reading. If you'll turn to bottom of page 13 on your printed Calendars. Ladies and Gentlemen, this is final action. We're going to start with House Bill 5852. Senator Jacobs, before we start, for what purpose do you rise?

Purpose of announcement, Mr. President.

PRESIDING OFFICER: (SENATOR SULLIVAN) Please make your announcement, Senator Jacobs.

As we're going to begin our Session today, I just want to point out, you know, we've been really gloomy and doomy around here, but the fact is, Illinois unemployment rate fell to a six- year low this month. And I'd very much like to give a shout-out to my friends in Bloomington-Normal, Senator Brady, I believe that is, and Senator Barickman, and also Champaign-Urbana, Senator Frerichs, and, oh, look at this, Senator Mike Jacobs' Quad Cities, and Springfield, who actually quoted unemployment levels below the 6  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 national average. So if you folks in Peoria are looking for how to fix things, come out and visit us.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Ladies and Gentlemen, again, on the bottom of page 13 of our printed Calendar. On the Order of House Bills 3rd Reading, we have House Bill 5852. Senator Connelly. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Connelly.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 5852 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 7  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 5852, having received the required constitutional majority, is declared passed. Let's turn to the top of page 14. With leave of the Body, we will come back to 5856. Let's go to 5858. Senator Connelly. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Connelly.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 5858 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 53 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5858, having received the required constitutional majority, is declared passed. Next up, we have House Bill 5864. Senator Bivins. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bivins.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Seeing none, the question is, shall House Bill 5864 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5864, having received the required constitutional majority, is declared passed. Next up, we have House Bill 5868. Senator Mulroe. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Mulroe.

9  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 Thank you, Mr. President and Members of the Senate. House Bill 5868 requires that alternative nicotine products - for example, e-cigarettes - be sold from behind the counter or in -- or in an age-restricted area or in a sealed display case. I know of no opponents.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Seeing none, the question is, shall House Bill 5868 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5868, having received the required constitutional majority, is declared passed. Next up, we have House Bill 5869. Senator Bush. Let's go to House Bill 5892. Senator Manar. Next up, we have House Bill 5893. Senator Connelly. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Connelly.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Seeing none, the question is, shall House Bill 5893 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. -- Mr. Secretary, take the record. On that question, there are 54 voting Aye, 1 voting Nay, 0 voting Present. House Bill 5893, having received the required constitutional majority, is declared passed. Next up, we have House Bill 5895. Senator Barickman. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Barickman.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 5895 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 11  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5895, having received the required constitutional majority, is declared passed. Next up, we have House Bill 5897. Senator Barickman. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Barickman.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Seeing none, the question is, shall House Bill 5897 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5897, having received the required constitutional majority, is declared passed. Senator Cullerton, for what purpose do you rise?

I'd like to -- on House Bill 5893, I'd like to be recorded as an Aye vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) 12  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 The record will so indicate that that was your intent. Next up, we have House Bill 5899. Senator McConnaughay. Mr. Secretary, please read the lady's bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McConnaughay. SENATOR McCONNAUGHAY: Thank you, Mr. President. HB 5899 amends the State's Attorneys Appellate Prosecutor's Act to require the Board of Governors of the Office of the State's Attorneys Appellate Prosecutor to establish a committee to evaluate and recommend a best practices protocol on specific issues related to investigation and prosecution of serious criminal offenses. The best practices committee shall review the causes of wrongful convictions and make recommendations to improve and -- and enhance public safety, with due consideration for the rights of the accused. There was no opposition in committee. Thank you.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 5899 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5899, having received the required constitutional majority, is declared passed. Next up, we have House Bill 5903. Senator Forby. 13  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 Let's go to House Bill 5911. With leave of the Body, let's skip over 5911 and let's go to House Bill 5926. Senator Harris. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harris.

House Bill 5926 requires all alcohol servers in Cook County to complete basic training in responsible alcohol services. And I ask for your Aye vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Seeing none, the question is, shall House Bill 5926 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 54 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5926, having received the required constitutional majority, is declared passed. Next on the Calendar, we have House Bill 5935. Senator Martinez. Now we can see her. Mr. Secretary, please read the lady's bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Martinez. Nice to see you this morning. 14  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014

Yeah, yeah, thank you. Thank you. House Bill 5935 is a cleanup bill proposed by the Department of Human Services to consolidate changes made in the 97th General Assembly. It also clarifies language, removes outdated terms, rearranges the Disabled Persons Rehabilitation Act, and eliminates redundancy. It also makes no substantive changes and has no fiscal impact. And I'll be happy to answer any questions.

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

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates she will yield for questions. Senator McCarter. SENATOR McCARTER: Senator, I understand that you're making some technical changes here, but the concern by a lot of Members, at least on my side, was the -- the -- the original bill -- or the original statute that you're trying to correct or make technical changes to. Can you explain to us what that was and what it did?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Martinez.

Thank you. During the 97th General Assembly, multiple bills amended the Disabled Persons Rehabilitation Act. As a result, HSP enabling statute contained duplicate and inaccurate language. So this language just -- this language that we have now kind of cleans that up. It also -- in the Section 3 of the Act, we also are 15  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 striking something from the Public Act and incorporating the changes made by those Acts into text. So there is just -- this is just a cleanup. Has nothing to do with any changes, no fiscal impact. All it is, is just cleaning up duplicate language that's in the -- in the Act now.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCarter. SENATOR McCARTER: I understand that it's a cleanup; however, what you're trying to clean up is something that's really ongoing, because there's a court case out there pending. Can you comment on that and as -- as to whether this would have any affect on that and -- because - - because that -- this could make a big difference.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Martinez.

My -- my understanding by the Department is that this has nothing to do with the case. This is just cleaning up language, duplicate language. That's all it's doing. It's got nothing to do with the court case or anything else.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCarter. Anything else, Senator McCarter? Yes, Senator McCarter. SENATOR McCARTER: To the bill: Ladies and Gentlemen, this -- I -- I understand we pass a lot of things by saying cleanup, by saying parity, by saying, you know, technical error, but the underlying law that's being modified here or cleaned up is something that is in the courts today. And I would -- I would just advise a No vote. Thank 16  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 you.

PRESIDING OFFICER: (SENATOR SULLIVAN) Seeing no further discussion, Ladies and Gentlemen -- did you want to close, Senator Martinez? Senator Martinez.

I -- I just want to make sure it's very clear to the Members. This is an initiative of the Department to clean up duplicate language that's in this. And also, just for information, the -- the SEIU has reviewed the bill and understands that the bill makes no substantive changes and agrees the bill serves only as a cleanup. And I'll be -- you know, and I ask for favorable vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Ladies and Gentlemen, the question is, shall House Bill 5935 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 45 voting Aye, 7 voting Nay, 1 voting Present. House Bill 5935, having received the required constitutional majority, is declared passed. Next up, we have House Bill 5938. Senator Oberweis, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Oberweis, the record will so indicate your intent was to vote No. Senator Mulroe, for what purpose do you rise?

Thank you, Mr. President. A point of personal privilege. 17  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014

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

Thank you. Joining today with me is Ian Cecala. He's a resident of Mount Prospect, a constituent of Senator Murphy. I'll bring you {sic} over there and say hi to you in a second. He's a senior at U of I - will be next year - majoring in natural resource and environmental science. Hopes to go on to get his law degree, like his Senator, Senator Murphy, and maybe his master's in environmental science. I'd like everyone to give him a nice, warm Springfield welcome.

PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome to Illinois Senate. Great to have you joining us today. Thank you for being here. Ladies and Gentlemen, we are on the bottom of page 14 of your printed Calendar on the Order of House Bills 3rd Reading. We have House Bill 5938. Senator Koehler. Let's go to the next bill. At the top of page 15, we have House Bill 5949. Senator Martinez. Do you wish to proceed? Mr. Secretary, please read the lady's bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Martinez.

Thank you, Mr. President, Members of the Senate. House Bill 5949 clarifies various provision of the Adoption Act, including: updating a public campaign emphasizing original birth certificate 18  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 awareness; replacing references to the Adoption Advisory Council with references to the Adoption Registry-Confidential Intermediary Advisory Council. It also adds -- defines the term of "adult grandchild". Also, allowing a birth parent of an -- of an adult adopted person named on the original birth certificate to obtain a non-certified copy of the original birth certificate. It also ensures that no petitioner may be required to pay a fee for the services of a confidential intermediary. And, finally, it -- it also has various changes to the confidential intermediary Section of the Act. And I'll be happy to answer any questions.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Seeing none, the question is, shall House Bill 5949 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5949, having received the required constitutional majority, is declared passed. Next up, we have House Bill 5950. Senator Murphy. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Murphy.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 5950 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5950, having received the required constitutional majority, is declared passed. Next up, we have House Bill 5968. President Cullerton. Let's go to House Bill 5990. Senator Martinez. Mr. Secretary, please read the lady's bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Martinez.

…you, Mr. President. Members of the Senate, House Bill 5990 updates the Children {sic} (Children's) Advocacy Center Act to update the current practices of the Children Advocacy Centers and Children Advocacy Advisory Boards. This includes changing the population served by these organizations from victims of child sexual abuse to victims of child maltreatment. It also updates how the Advisory Boards should be formed and should function to 20  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 govern the operations of the Children's Advocacy Center and their multidisciplinary partnerships. And I'll be happy to answer any questions.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Seeing none, the question is, shall House Bill 5990 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5990, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, we're going to go to the front of the order. If you'll turn to the bottom of page 7, still on the Order of House Bills 1st -- excuse me, House Bills 3rd Reading. We're going to start at the top of the order, which is on the bottom of page 7 of your printed Calendars. First up, we have House Bill 671. Senator Bush. You wish to proceed? Mr. Secretary, Senator Bush seeks leave of the Body to return House Bill 671 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading, we have House Bill 671. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bush, to present Floor Amendment 1.

Thank you, Mr. President and Members of the Senate. Floor Amendment 1 adds civil investigation to the exemption of parental consent. That was a request -- request made by the Attorney's 21  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 General {sic} (Attorney General's) Office so that exemption could apply to their office too. So it just adds them as {sic} the list of people that are an exception and can get access to the data. And I would ask for an Aye vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bush, did you ask for its adoption? Senator Bush.

Of course, that's what I said. You misunderstood me. Thank you.

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

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading, we have House Bill 671. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bush.

Thank you. This is an initiative of Representative Drury. The intent of the legislation is to fix current law and protect children's personal information. I know of no opposition and I 22  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 would urge an Aye vote. And we won't…

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 671 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 671, having received the required constitutional majority, is declared passed. At the top of page 8 of the printed Calendar, still on the Order of House Bills 3rd Reading, we have House Bill 802. Senator Raoul. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Raoul.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 802, as amended in the Senate, is a product of the negotiations with the State's Attorney's Office -- with the State's Attorneys Association, Cook County State's Attorney's Office and DuPage County State's Attorney's Office, dealing with lineup identification. The charge of this bill is to try to create a scenario where lineups are done in an independent manner and impartial manner. It provides for particular instructions to the eyewitnesses about the procedures. It requires for the completion 23  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 of post-lineup reports and video recording of lineups, unless -- not practicable. It also suggests for a independent administrator where -- unless -- not practicable. The lineup procedures suggested through this bill are, one, for an independent administrator; alternatively, for a computer program-generated lineup; alternatively, photographs put into folders; or any other procedure that creates impartiality with regards to the administrator. I -- I urge an Aye vote.

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

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

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

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

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Raoul.

Yes, it's part of this bill. As I just read, there are four -- there are four options. And in addition, there's language put in the bill where -- where -- where it says where practicable, which would -- which would address the concern raised by the previous speaker.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Rose.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Raoul.

I have no idea.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Rose.

PRESIDING OFFICER: (SENATOR SULLIVAN) Seeing no further discussion, Senator Raoul, to -- to close.

Just on the last speaker's last point, there's nothing in this bill that requires a computer-generated program. That is just one of the four options offered. And it's important to know -- note that the fourth option is anything, anything that creates independence in the administration of -- of this. So there's nothing that requires any police department to go out and purchase these computers.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Ladies and Gentlemen, the question is, shall House Bill 802 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 47 voting Aye, 9 voting Nay, 0 voting Present. House Bill 802, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, with leave of the Body, if you'll turn to page 13 of your printed Calendar. We're still on the Order of House Bills 3rd Reading. In the middle of the page, we have House Bill 5707. Senator Steans. Mr. Secretary, please read the bill. Mr. Secretary, Senator Steans seeks leave of the Body to return House Bill 5707 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading, we have House Bill 26  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 5707. Are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans, to present Floor Amendment 1.

This was a technical amendment that was worked out with the School Management Alliance, getting them to neutral on the bill, and I'd like to get it -- move its adoption.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion on Amendment 1? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans, to present Floor Amendment 2.

Thank you. Actually, this is the one that's the technical amendment, really amending Floor Amendment 1. Between them, they become the bill and get the School Management Alliance neutral on the bill. I move its adoption.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion on Floor Amendment 2? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading, we have House Bill 5707. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.

Yes, thank you, Mr. President, Members of the Senate. House Bill 5707 is a recommendation of the task force on bullying. We're putting this into place now through this bill. It defines a "policy on bullying". We already have a requirement to have a policy on bullying for the school districts; this provides more direction on what this policy on bullying needs to include. The reason we need this is that some of the -- there are some places where it's not a clear process on how people can respond to the issues of bullying. It's an ongoing issue. We hear from many districts, many kids and parents throughout the State on problems that they're having with bullying. School districts are also looking forward to having more clear guidelines on how they can more easily address this. They're in place now to really help empower students, staff and administrators to address bullying when it happens and really to -- before it increases in severity. It enables bullying prevention efforts to be sustainable. When leadership changes, the policies remain in place. I very much look forward for your Aye vote on this and I'm happy to answer any 28  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 questions you may have.

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

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates she will yield for a question. Senator McCarter. SENATOR McCARTER: Senator, you said it's -- the purpose of this is to make it clear what -- what bullying is. Can you make that clear to us right now, what -- what it is, so we can understand what we're voting on?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.

Yes, we're not changing the actual definition of bullying that already exists in law, the definition, but it is not -- there's a difference between sort of a one-time kind of an issue and ongoing pervasive bullying. It's defined currently in law as it has to be severe and pervasive physical or verbal acts or conducts that places a student in reasonable fear of harm to the person or property, causes a substantial detrimental effect on physical or mental health, substantially interferes with a student's academic performance, or substantially interferes with a student's ability to benefit from services, activities, or privileges provided by a school.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCarter. 29  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 SENATOR McCARTER: Now we -- we had this discussion on cyber-bullying the other day. How far of a reach would our school administrators have to address this kind of thing, and would it have to be student to student? Could it be student to another -- just another peer, uncle, aunt, whatever?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.

This is -- it's not the -- like the cyber-bullying bill. It is -- these are issues that are occurring within the -- within the school. It's not specific about student on student, if it's bullying going on between student or administrators, but it's school-based issues that are going on.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCarter. SENATOR McCARTER: If -- if a parent finds whatever definition this come -- comes up with and whatever is considered bullying, if they consider that something that they don't really think that should be taught to their children, is there a way for the parent to opt out of this training?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.

Yes, thank you for that question. So, you know, there's no ability for a whole district to opt out of a policy on school -- on bullying. So there's not an overall opt-out ability from this policy. Schools, though, can opt out of -- so not a -- a school 30  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 can't opt out of having a policy on bullying in their -- place in their school. That said, I know there's been issues around whether or not people can opt out from assembly, for an example, or those kinds of things if it goes against their religious beliefs. What I want to say at that is that's really controlled at a district - - school district level now, school level now and that's maintained in that direction under this -- under this approach. School districts control how they do opt-outs. We have yet to hear of a school where a parent cannot opt out their kid from an assembly. We’ve also reconfirmed that nothing in this bill is intended to infringe on any right to exercise free expression or the free expression of religion or religion space -- that are protected under the First Amendment and the Illinois Constitution.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCarter. SENATOR McCARTER: I -- I didn’t expect an answer that long, so I'm -- I'm just taking it all in here. What I heard you say is that a district cannot opt out. Is that correct?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.

So -- well, first of all, for clarity, we already have this requirement to have the policy on bullying in statute. This is just clarifying what needs to be included in that policy. So we're not making any changes on this. And, second, it's not -- a district can't opt out of - just like they can’t already - can't opt out of having a policy on place around bullying. But individual schools, if a child or -- and/or his or her parent wants them to be able to 31  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 opt out of a particular assembly for religious purposes, that's still controlled by an individual school or their district, and we don't know of any cases where that hasn’t been -- they haven't been able to do that.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCarter. SENATOR McCARTER: Okay, I'll try to be specific. Does it say in the bill that an individual can opt out?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.

For the third time, I will say that, no, it does not say that a school district can opt out of a policy on bullying, like is currently the case. At each district or school level, though, there -- control whether or not there can be individuals opting out of an individual assembly. We don’t know of any case where somebody hasn’t been able to do that.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCarter. SENATOR McCARTER: I -- I'm going speak to the bill, because for the third time I've asked the question and got the wrong answer. I asked if an individual can opt out and you continue to tell me that the district cannot opt out. I asked you if an individual can opt out. It doesn't say it in the bill. We had this same discussion a couple years ago and the one thing we asked for was an opt-out by parents that felt that whatever curriculum you come up with, whatever definition you come up with bullying, was offensive to 32  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 them, they could step aside and not do it. Now you can say that within the school they can let them do that, but you didn’t put it in the bill. That's the bottom line. It's so hard to get a yes or no answer around here. I would suggest…

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

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

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.

I -- I -- I did, because you -- it's -- this is an overall requiring a policy on bullying. We -- we can’t have an individual opting out from a policy on overall bullying. That's just an overall curriculum. No place in the country do you have opt-out abilities for an overall sort of curriculum or program. What you can opt out of, for individual assemblies or things that may go 33  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 against a personal religious belief, and that does not -- this does not prevent that from happening at any school or district level. It's because it's overall curriculum policy. It's just not -- and it's not something we've ever done in the State of Illinois, give the ability to opt out of an overall curriculum or policy.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Luechtefeld.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.

Well, one, I will say, I never got any suggested language from anybody on that. But I would say that that's because it really does -- and what I was informed by ISBE when I conferred with them on that is that's all managed at a local district level for school districts to do that. So, that is my rationale and 34  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 that's why.

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

To the bill, please.

PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill, Senator Bertino-Tarrant.

Just to get -- just to -- to clarify and -- and support what Senator Steans is trying to do. There's a difference between policy and -- and practices. And, yes, we have a bullying prevention policy - it's 5/27-23.7 - that is in our School Code book, our School Code "bible". So, for example, you -- school districts have homework policies. A parent cannot say, "I don’t believe in homework; I -- I don’t want to follow that policy". However, if, for example, in a -- in a classroom there is a -- a literature -- a piece of literature that the parent does not like, practice is that the school will help that parent find an alternative. So, where -- again, it's not in the language. It's not in any of our language - discipline policy, homework policy, curriculum policies. It's just best practice that schools work with families to -- to help individuals get around their concerns. So, again, it's hard to -- to explain why it's not, but you can’t -- you can’t pick and choose what policies; however, parents can work with schools. And in my experience, it has been best practice for -- to schools to work with those families.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Seeing no further discussion, Senator Steans, to 35  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 close.

Thank you very much and I appreciate clarification of the questions on this bill. I know we all want to keep our kids safe. This is really trying to just simply provide more tools to ensure that schools are involving the entire community around that school's parents, administrators, students, and providing ways of ensuring that we do address early on and keep our kids safer. I urge an Aye vote. Thank you.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Ladies and Gentlemen, the question is, shall House Bill 5707 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 37 voting Aye, 18 voting Nay, 0 voting Present. House Bill 5707, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, if you'll turn to page 9 of the printed Calendar. In the middle of the page, again on -- still on the Order of House Bills 3rd Reading, we have House Bill 3754. But before we do that, Leader Lightford, for what purpose… Never mind. We're going to continue on with House Bill 3754. Well, this is your bill, Senator Lightford. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Lightford. 36  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014

Thank you -- thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 3754 is a measure to acknowledge some legislation we passed about three years ago that established the Charter School Commission. It required them to be a State entity and provided statewide chartering jurisdiction and authority. The Commission consists of nine members, appointed by the State Board -- actually, appointed by the Governor, and the purpose of the Commission was to review appeals of local district charter decisions. Prior to the establishment of the Commission, the State Board of Education had this responsibility. House Bill 3754 would transfer the appeals process for charter school denials back to the Illinois State Board of Education. All of the duties, powers, assets, liabilities, contracts, property, records, and pending business of the Commission to the State Board of Ed will take effect on July 1 of 2014. It also requires the State Board of Ed to review the operations of the Appeal Board and the effect of its charter school authorization work on the public school system. The State Board must issue a report on its findings no later than January 1 of 2017. This is a negotiated bill with the previous sponsor. We sat in President Cullerton's Office on a number of occasions this Session and met with all entities involved. I'd be happy to answer questions.

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

PRESIDING OFFICER: (SENATOR SULLIVAN) 37  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 Indicates she will yield for questions. Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford.

No, I was not the sponsor.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford.

No, Senator. I believe you're referring to the Charter School Act of 2009. That was the legislation that I negotiated for nine months. This was a follow-up piece of legislation to that discussion that was separate and set aside. Senator Steans carried the bill. I had nothing to do with it.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford.

Similar, but not quite, Senator. So, the process would go back to the State Board of Ed. There will still be a commission board that the Superintendent selects; however, the role of the Superintendent and ISBE, at this point, is just to overturn a decision. The Charter School Commission still does everything that it does today. It does the complete appeal process and ISBE just has the final say.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Lightford.

No, they're a separate entity and that's the reason why I find this legislation extremely important and it's imperative that we move it back to our State Board of Ed, which is a neutral entity. Right now, the Charter School Commission has a chairman 39  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 who is the Chairman of the National Charter School Authorizer {sic} (National Association of Charter School Authorizers), which I find to be a conflict of what we're trying to accomplish here in the State of Illinois.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Lightford.

So, in my opinion, the Commission has overstepped their authority that we've given them in the current statute. The goal of the Commission was to allow for a process to take place if a charter school application failed or applicant felt that their application was perhaps denied at local level for a political reason, other than that it was a good application. I support local control, so it was really pulling on me to support this measure in the first place. So now that we've given this separate entity the authority to overturn all of our local school districts' decision, I find them to not be as neutral as they should be. They should review the applications and not encourage the applicants to fix up bad applications. At that point, they shouldn’t be saying, "Well, number two, you need some work on it. Here's what you should do." "Number nine doesn't look good. Here's what you should do." And be coached through the process. Another area that I find really 40  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 daunting is that they hired a lobbyist. Lobbyists are hired for persuade -- for -- for persuasion in either direction. I don’t know that they should have persuasion on any of these groups. They should be simply reviewing charter applications that were denied at the local level to find out if they had merit, if they actually should have been approved but got locked up in local politics.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Lightford.

I'm not exactly sure if I'm going to agree with what you said in summarizing what I said, but I can repeat myself so that I'm clear - that that was not their authority to do. They should be a review process, not a process that encourages applicants on how to better their application so that they can pass the process. We don’t need a Charter School Commission that is trying to encourage more charter school applicants who have bad applications. These are schools that are going to govern our children's academic education, and if they don’t have a good application, they should not be swayed into having a better application by a commission whose authority, given to them by the statute, says you are to 41  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 review the appeals process, not to give direction.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Lightford.

Thank you, Senator, but I want to go back to one thing that you said that was inaccurate. It's not a local entity that the State entity is having this conversation with. The local entity has already denied that appeal. So there is not a relationship any further at this point with the local entity. It is the applicant whom they are engaging and giving direction on how to approve their application, which is overstepping their boundaries. I know that they've passed two charter school -- they've approved, I should say, two charter school applications that were denied at local level. I can’t tell you whether or not they were not deserving. I'm not going to nitpick the Commission on the schools that they have selected. I support schools across the State of 42  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 Illinois - public, private, charter, contract, it doesn't matter. We need to educate our children. But I don’t support an entity that has overstepped their boundaries and not a neutral party, as that -- that they were directed to be in the first place.

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

Yeah, to -- to the bill.

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

So, I really want to -- I rise in strong support of this legislation and really want to thank Senator Lightford for the leadership she's rolled -- played in getting to a point where I think this is a very strong approach on dealing with the charter school appeal process. And I was the person who sponsored the original bill a few years ago to create it. I want to give people a little bit of context just for -- so you -- to -- to explain why I think this is the right move here to be taking right now. We had -- when -- when Senator Lightford sponsored an overall charter package, we included in it creating a task force to look at should we have some sort of a -- what should the appeal process be for these charter schools. And it was through that task force I co- chaired along with Darren Reisberg, who was General Counsel at ISBE at the time, that we developed this ultimate recommendation to create this Charter School Commission. The problem had been, going on before that within ISBE, was that they really didn’t have the funding and the staff to be managing the appeal process 43  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 effectively, according to -- to -- to ISBE folks. And that was part of what we were dealing with, making sure that we actually had some -- a place that was going to have that robust ability to actually engage in doing those appeals. The Charter School Commission was doing that, but, as Senator Lightford, I think, points out, I think there's been real concerns about the neutrality of it and was this the best way of going. I think that what we're doing here now by maintaining it under ISBE and having their opinion stand unless overturned by the State Board is the right balance. I think it's bringing it back to the overall context of our State education policy entity, the State Board of Education, which I think is the appropriate place to do it, and that's a little bit of the frame twist I want to put on this for folks. Charter schools are part of our overall public education system, need to be viewed and considered within that context and how effectively they're working. I don’t think we should be entirely taking it and giving to an independent commission, sort of the way we're thinking about it. I think this was some of the problems that we ended up really seeing with the Commission getting set up. We were sending things like looking at virtual education in the State of Illinois to this Charter Commission to give us recommendations on. I don't think that's appropriate. I think we need our State Board of Education involved in these kinds of things. I want to keep the overall process tied to the State Board, where I think it appropriately applies, and I think this is maintaining a robust appeal process that has the right level of independence versus that sort of check and balance. So, I really appreciate what Senator Lightford has done on this and very much urge an Aye vote. 44  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014

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

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates she'll yield for a question. Senator McCarter. SENATOR McCARTER: Senator, I -- I was listening to one of the previous speakers asking you about how you felt about the Commission and what's, you know, some of the outcomes. Do you feel that -- do you think that those that came before the Commission, their decisions were heavily -- I mean, undue -- there was undue influence there, that they came to a decision that wasn't in the best interest of schools of the State? Is that -- I mean, do you -- is that what happened?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator -- Leader Lightford.

I believe that was similar to Senator Righter's last question and I gave the answer that I can't judge them on the decisions that they've made thus far and those are current schools in our system and I support those current schools. I don’t want to create a red flag anyway to lessen the efforts that charter schools make. I'm not a pro-charter; I'm not anti-charter. I'm addressing the issue, and it's important that we find a neutral home so that the work can continue to take place and for all of our school districts to feel that if a local decision is made, that there is an appeal process - which many people felt that I shouldn't have left in there, but I feel when you negotiate, you negotiate in the best 45  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 interest - and I appreciate Senator Steans being a part of that and being so supportive - that we left that appeal process there with ISBE having the final say within a ninety-day period. So I'm not judging these schools that they've already approved. I'd just like for it to be transferred, the responsibilities, back up under our State Board's umbrella.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McCarter. SENATOR McCARTER: To the bill: In fact, over thirty people have come to this Commission; only three have been approved. So, they have done some work. Whether we agree with it or we don't, on an individual basis, they have done some work. I was at the table when this was being discussed and created. And it is true, it wasn't your -- it wasn't the sponsor that -- that brought this forth, but we were all at the table and the State Board made it very clear that they didn’t have the time or the money to do this. And so the idea was that there would be this Commission set up, that they could handle these appeals, and they would be fairly represented by some that were typically -- overly supportive of charters and some not, but it would be a fair makeup. I don’t think it's wrong to encourage someone to improve their application. In fact, we've heard this word used three or four times this morning -- best -- this phrase "best practices". You know, to -- to tell a -- an organization, "Listen, we want you to follow best practices and we want you to submit the -- the best application possible that makes you a charter that best helps our kids." I don’t think that's a bad thing. Hopefully, they're copying the school that has done an excellent job. Hopefully, they're copying the school that has set 46  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 up administrators with checks and balances to where the finances are in order and that they do produce graduates that are far above anyone else in the area. Best practices are fine. So I -- I don’t think -- I don't think any of us would think that through lobbying or improper influence that a decision should be made to approve or disapprove, but best practices should be encouraged. I think to ask someone to modify their application and make it best for the kids of this State is not a problem. I'm not sure we gave this entity that was created enough chance to do -- to do the right thing. I -- I don’t know where we see -- we've seen any examples of where they haven't done the right thing; therefore, I don't believe it's something we should be replacing so quickly.

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

Question to the sponsor.

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

Senator Lightford, is the Illinois State Board of Education on board now with the -- with the changes you made?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford.

Yes, they're actually neutral. But, Senator, Superintendent Koch participated in negotiation meetings, provided us with input on how to make it better when it returns to them. They actually drafted the language. There will be time and funding available 47  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 for the Commission to return and nothing else changes other than - the nine-member board will still exist - he has the authority to select the nine members.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Van Pelt.

The second question: Does this bill in any way stop the Charter School Commission from helping applicants, you know, have best practices -- modify their -- modify their applications to include best -- best practices?

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Lightford.

Thank you for answering -- asking that question, 'cause Senator McCarter had asked two questions and I didn’t get a chance to answer his questions and so one of the questions I can answer with you right now. That isn’t the role and responsibility of the Commission and that's exactly the reason why I feel it should be transferred back to ISBE, because if you look at Public Act 97- 0152, the purpose of the Commission is to review appeals of local district charter decisions. It's not for them to modify them. It's not to give them suggestions on how they can improve and do better. They were the safety net in the event that the local district wasn't treating them fairly and that they actually did have a good application. It wasn't to take bad applications and to make them better so that we can grow in numbers of charters, which is what the Commission is actually doing. That's one of the reasons why I feel like they're overstepping their boundary. The law is clear on what they should be doing and it's very clear of 48  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 what they really are doing.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Van Pelt.

Thank you. So does the legislation actually say that they cannot introduce best practices ideals to the applicants in their process of appeal? I mean…

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator -- Senator Lightford.

Okay.

So here is what they actually did. They set up their own criteria that requested for best practices and what they were looking for in their interview process. So that's already a part of it. So when they review the applications, if they're not meeting their best practices and standards that they've already set forth, then they feel that they're not a good applicant to have their own charter. So that's where it should stop. It shouldn’t say, "But here's where you should change your application to make you better". It's supposed to identify with the best practices that they've outlined and whether or not they fit the criteria or not. So that's where the little gray area actually is.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Van Pelt.

Okay, so the legislation does say they cannot then share those best practices or help them to improve their applications in coming 49  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 forth with their appeals. The law -- the law that you have now does say that?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford.

Right. What -- what the law says specifically is the purpose of the Commission is to review appeals of local district charter decisions. It doesn’t give them authority to encourage them to make a better application. So when they were set up, we gave them powers, duties, assets, liabilities, contracts, property, records, pending business, all of that. We gave them some things to consider. This Commission did a -- a good job in creating that platform of what best practices are and what they should be looking for in an effort to approve or deny a charter. So that's the authority we gave them - to approve or deny. We didn’t give them authority to take a bad application and make it better so that it could be approved. If they didn’t meet the standards that they themselves set forth, then they were supposed to be denied, not coached through on how to make it better.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Van Pelt.

Okay, just for -- so everybody can know, I was on the Charter School Commission before I became a State Senator. And let me just say, in my district and the schools around my -- around where I live, at the high schools, the average percentage of students that can read at their grade level is seven percent. So we have ninety-three percent of our high school students that cannot read at grade level. So I want to see better schools. I want to see 50  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 best practices introduced. And so I -- I am in support of the bill overall, but that part about -- and I'm -- I'm still not sure if the -- if the -- if the sponsor is saying that they cannot help anyone. I don't believe she's really saying that. Hearing her answer, she's saying it's not in the law. So, I'm going to support the legislation, but I really believe that we should be doing everything in our power to improve any application that we can, help people to improve their practices to provide excellent education for our students.

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

Thank you, Mr. President. To the bill and to the -- of the sponsor.

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

Leader Lightford, I rarely question any of -- any of your bills. I don't think I've ever questioned any of your bills and I'm not going to question your -- where you're going with this. I'm going to support this bill. But I do want to acknowledge the fact that, you know, I've been an advocate of charter school expansion. I've got six to eight charter schools that have popped up in my district over the last seven/eight years and I believe that they deserve a place in society today in educating children. This whole Commission has been an issue of controversy over the last few years. It -- it is true and I -- Senator Lightford, you are right - this Commission has overstepped its boundaries. It 51  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 has been an advocate on encouraging more charter schools. It has been -- it has conflicted itself by helping several potential charter school associations to compete for the same charter in a specific area. I question the ethics of that. I -- from a pure procurement process when charters are being awarded, when you have several entities and you have this Commission advising all the entities of how to best prepare for this proposal, creates a problem. And I also have -- agree with you that, you know, it -- having them be the final say over the last few years in regards to determining what's best for a local school district or a local municipality in -- in placing a charter school in a school district where it's not wanted is an issue and should never happen. Why not -- you know, Senator Lightford, why didn’t you take this even further and just putting a stake in the Commission? This Commission does not deserve to exist. There's this hybrid process that they are still involved in the appeal process. They will prepare the appeal and they will review the appeal and -- and I assume that there will be a recommendation by the Commission when they review the appeal to the State Board of Education. Maybe that's my question. Will they -- given that their limited scope will be now the appeal process, will they be involved -- will they be making recommendations when reviewing the appeal to the State Board of Education on these charter schools?

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Lightford.

Thank you, Senator Sandoval, for your question. Actually, yes. So, the Commission would still have the same responsibilities that they have now, but under ISBE's umbrella, where they will 52  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 review the applicants and make recommendations to the Superintendent and the State Board, trustees on that Board. They have a ninety-day period for them to vet that process out and determine whether or not they want to overturn the decision or to grant the appeal process and the recommendation that the Commission made. So I just want to be clear here. This isn't an attack on charter schools. This is just addressing the process of where the charter appeal process should actually be governed.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Sandoval.

Well -- yeah, I don't take it as an attack to the charter school, but I personally would like to attack this Commission, this Commission that shouldn't exist, this Commission that is conflicted, this Commission that will continue to make recommendations. This Commission will continue to -- to make recommendations on appeals. And -- and -- and what's only being injected in here is just, you know, a -- another authority that may overturn that decision. I think this is -- this doesn’t go far enough, Senator Lightford. I -- I have to vote Yes on this because it moves authority away from the Commission, but it doesn’t go far enough, I guess. We -- we need to move to putting a stake in this Commission. They have no business of either assisting individuals, organizations on preparing proposals for a charter school. They should not be in that business, regardless of what -- what many of my colleagues have indicated on the record today. It's conflicting. And they should have no process in determining whether or not a charter school is placed in a local school district and they should have no process in making recommendations 53  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 on appeals of any of these associations. So, Senator Lightford, I guess I'm being redundant, I -- I -- I'm going to vote Yes on this bill, but I look forward to working with you on another bill, a trailer bill, that puts a stake into this Charter School Commission, 'cause it doesn’t deserve to exist. It's duplicative and we should just -- they -- those employees should just be consumed by the State Board of Education and -- and there should be no Commission and the determination should be made by the State Board of Education. I ask an Aye vote.

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

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

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Lightford.

It -- it transfers the Commission and names them the Charter School Appeals {sic} (Appeal) Board. So they're no longer called a commission. It's called a board. It still will be nine selected members. Right. Whoever the Superintendent selects. It will still be nine members, selected by the Superintendent instead of 54  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 by the Governor. And they would resume with the same responsibilities that they have now. The difference is, is that it would be governed by ISBE. ISBE will have a ninety-day period where they can overturn a decision if they make a recommendation. It provides that there be an -- a -- a report issued with findings no later than January 1 of 2017. And there is about ten other provisions that we put in the amendment to what it would do.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Luechtefeld.

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Lightford.

Yes. Yes.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Luechtefeld.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Further discussion? Leader Lightford. Leader Lightford.

Thank you, Mr. President. It'll be too much to remember. I'm sorry. I didn’t quite answer Senator Sandoval's question of the bill not going far enough. The -- my original bill would have pleased Senator Sandoval. The idea was to just get rid of the Commission altogether. But we sat down and negotiated this bill because it was important to Senator Steans, three years ago, 57  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 establishing this. As a colleague, I wanted to give her that professional courtesy and I wanted to also work with the groups that you will see that are neutral, proponents and the opponents. The Illinois Network of Charter School {sic} (Schools) is neutral on this bill. You're trying to take the bill out of the scope of what it does. It has nothing to do with the kids reading in Senator Van Pelt's district. The appeals process still exists. It will be governed by our agency, as it had for the first fifteen years and was doing quite well, and now we're removing them and putting them back where they shouldn't have never left, because they haven't proved that they {sic} worthy to stay where it is. Now, there's been all these numbers thrown around about how many they approve. The real numbers are - they received thirty-eight applications. Only three stood muster, only three. You don’t want a bad school coming to your district. You don’t. If they don’t qualify, then you don’t want them in your school district. It's unfair that the City of Chicago is getting flooded with all of these charter schools that are not performing. But that's not the issue here, but since you're driving at that point, I just want to be clear that if there's no charter school in your district, you shouldn't even have a argument here. It doesn’t affect you per se. But there was thirty-eight applicants, only three passed muster and they selected two of the three. So let's not say that, oh, there was thirty-eight good applications. They didn’t feel that thirty-five of them were even worthy of being a school, worthy of being a school. This is an institution to teach our kids and you want to just give anybody the authority to be able to teach our children. Let them come set up shop in your back door and see if you like it. Then it'll be a difference. So 58  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 let's not go there. I would like for us to stick to the merits of this bill. I have negotiated this bill in President Cullerton's Office with all of these bodies. Perhaps the bill didn’t go far enough. Some people think the bill did too much. I tend to think that's the best bill that we can come up with that no one really loves, but it's what's best of the kids of the State of Illinois.

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

Mr. President, I move the previous question.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. We have three speakers seeking -- two speakers seeking recognition. Senator Delgado, for what purpose do you rise?

Thank you, Mr. President. Will the sponsor yield for a question?

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

Thank you. Senator Lightford, as we talked about best practices - and I want to ask you a question - would best practices also include ELL, English Language Learners, and special education, would you consider that best practices too?

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Lightford.

I'm sorry. Will you please repeat the question, Senator?

PRESIDING OFFICER: (SENATOR SULLIVAN) 59  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 Senator Delgado, if you will repeat the question, please.

Thank you. As we've heard so much of this healthy conversation and I do -- I play a small role on the Committee. When we talk about best practices and looking at your legislation, and we were dealing with the issues of the whole charter system with English Language Learners, you would consider that a best practice and special education needs as a best practice. Is that correct?

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Lightford.

I -- I do, Senator, and you -- and you play a significant role as the Chairman of the Committee, but that's my next bill. This bill is the bill that just addresses the Charter School Commission.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Delgado.

And, yes, I appreciate that, Senator Lightford. I asked that question, Mr. President and Members of the Senate, because ISBE knows that, and as the Chair, that our charter systems having -- out of federal compliance on English Language Learners and on special education. It was Illinois State Board of Education that brought that to the attention of this committee through a piece of legislation that the Majority Leader and former Chair of the Education Committee has as a second bill. And it was ISBE that had to say to the charter system that you must be in compliance. That never comes up as a best practice in an application interview 60  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 with the Charter Commission. So, to the bill, Mr. President. Going with the bill, it's my understanding that -- knowing that the -- that the charters need to comply with federal law, it's not even on the radar of the Charter Commission as to help guiding or coaching or how to do the best application. And, yes, one thing does have to do with the other, and so when we talk about that, we have to make sure that the Illinois State Board of Education is even putting the charter system into check. How could we have a commission out there that then, of course, letting in applications that can be actually in violation of federal law in other areas? And I do find the correlation there. Yes, sir, I do. And so when we talk about that, this was created actually in a political environment, a political environment to help get those charter schools passed in Chicago, political, and it was then created. When that was politically done, it circumvented home rule. I'm not sure what we -- home rule has always been number one and then now, selectively, it's not important, because we think we have a -- a -- a -- a -- a transparent Charter Commission - and I'm here to say, no, we don't. And I want to -- and I could bring that up in another environment. So I rise in strong support, Mr. President, of this legislation. And it -- and -- and eventually, yes, we do need to bring that back to an objective, neutral party that has liaisons and not paid lobbyists. And I would ask for a strong Aye vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Our last speaker seeking recognition, Senator Holmes. For what purpose do you rise?

To the bill, Mr. President. 61  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014

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

Actually, I'm -- I'm -- I'm very sorry that I'm standing up to speak, because I will tell you when it comes to matters of education, there is nobody in this Chamber I respect more than Leader Lightford. As a matter of fact, I was an enthusiastic cosponsor of her original bill, because I thought that bill did what we needed to do. That eliminated the Commission and it put the decision back on ISBE. I was of the belief that that decision really should lie with the local school board, because I think we don’t need a commission to come in and tell us what's best in our communities. We need the people we elect to represent the schools in our community to make those decisions. But that we couldn’t get out of committee, because we had too many members that didn’t trust that that elected body was going to make the appropriate decisions. I find that a little odd, being that I'm part of an elected body that has been chosen to make the decisions for my community. So it -- this pains me. I'm so torn. I -- I -- I'm -- I really am at such a loss. I'm thinking I'm going to vote Present on this. I hope, hope, that Leader Lightford can sit down -- so we don’t have groups that say they're standing for our children or advocating for our kids and advancing our education system, but were opponents of having a bill that allowed local decision to affect the children in our individual committees. Thank you.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Leader Lightford, to close.

62  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 Thank you, Mr. President, Ladies and Gentlemen of the Senate. I want to thank you for a healthy debate on an important subject. Whenever we talk about issues that affect how we educate our children, we should have a good discussion. We should have negotiations, and that's what we’ve done. I know that there's some opponents here on the legislation who feel that we didn’t go far enough. I support local control as well, but what I'd like for us to do here is to watch the system for the next couple of years, put it back where it shouldn't have never left, under the umbrella of ISBE, have a report with findings, and take a look and see is this something that is beneficial and fruitful for our State or should we dismantle it later. Right now, I think dismantling it is perhaps not the right thing to do. It's not a healthy median for the efforts that Senator Steans put forth. We worked together on this initiative. There are neutral entities that were surprisingly opponents before. They are no longer opponents because they still wanted the appeal process. The proponents are fine with it the way it is and our opponents just wanted more. They want to remove the appeal process and give the control back to the local voters, which I also support. I was a sponsor of -- of Senator Holmes' bill as well. But this is the measure that made it out. This is the measure that's before us and I -- I respectfully request an Aye vote. Thank you.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Ladies and Gentlemen, the question is, shall House Bill 3754 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 34 voting Aye, 22 voting Nay, 2 voting 63  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 Present. House Bill 3754, having received the required constitutional majority, is declared passed. Senator Hastings, for what purpose do you rise?

A point of personal privilege, Mr. President.

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

I have the honor of having a great family from back in our district here with us today in Springfield. The Olmstead family is here. Tim - actually, we played high school football together and Tim went on to play on Purdue's Rose Bowl team back in the late nineties. He has his two sons and his daughter. We have Tomas, otherwise known as TT. We have -- Teo is here, as well. Lana is here, and his beautiful wife, Jelena. We'd just like to give them a warm Springfield welcome.

PRESIDING OFFICER: (SENATOR SULLIVAN) The Olmstead family, welcome to the Illinois State Senate. We're so pleased to have you here and joining us. Thanks for joining us. You're with a great Senator. Senator Holmes, for what purpose do you rise?

I -- I would like to correct a past vote of mine. It was House Bill 5707, sponsored by Senator Steans, and I meant to vote Yes and I voted No. So, could you please change my vote?

PRESIDING OFFICER: (SENATOR SULLIVAN) We cannot change your vote, but we will -- the record will so indicate what your intent was. Ladies and Gentlemen, we are going to go to the top of page 9 of your printed Calendars to Senate 64  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 Bill 3662. Senator Lightford, on 3662. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Lightford.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This measure adds to the definition of "qualifying pupil" under the Transportation Article of the School Code a pupil who attends a Chicago public school and must travel along a safe passage route to reach school or return home. This is another piece of legislation that required some work. Because of the incidents that were happening on the safe passage route in Chicago, I first wanted them to provide free transportation to every single student along the route. They brought back a fiscal note that would have been pretty daunting to reach, considering our fiscal restraints, and so we minimized the legislation to allow for parents and caregivers to provide that transportation in the safe passage route. My desire is just for children in Chicago, considering their schools were closed down, they have to travel outside of their community, that they have a safe passage to getting there. I encourage an Aye vote and I'd be happy to answer questions.

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

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

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford. Leader Lightford.

Yes.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Rose.

PRESIDING OFFICER: (SENATOR SULLIVAN) Seeing no -- Senator Righter, for what purpose do you rise?

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

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Lightford.

Thank you for the question, Senator Righter. If you recall, last year around this time, the Chicago Public Schools closed more than fifty-plus schools at one time, relocating quite -- all of 66  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 those children to different schools outside of their neighborhoods. There was a measure to create what they call safe passage routes, because the kids, if they live within a mile and a mile and a half, they would walk to school. You know, there's public transportation all over Chicago if they need to take a bus or et cetera. And they hired -- they created a program and they hired people to stand out on these safe passage routes. Well, there was a young lady raped on the safe passage route in December of 2013. There was a media blitz. It was -- it was on the news, Tribune, Sun-Times. Everybody wrote about it. So my first desire in the legislation was to determine that instead of those children walking, that it would be better if a bus picked them up on the corner of their block to allow them to get to and from school safe on the safe passage route. As a result, I learned that there was a huge fiscal impact that would be implied that the school district could not manage, neither could we as a State, and all of those individuals on the safe passage route would be out of their part- time employment. And so that wasn't my goal to take away jobs from individuals and I'd also still like for the kids walking on that route to have some measures of safety from the adults that they hire. However, this young lady did get raped and it is a concern and I'd like for us to allow the safe passage route to be included in our School Code, that they can get reimbursable rate for if it's a child within that measure -- in that -- in that zone.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Lightford.

They're the only school district in the State I'm aware of that closed fifty schools at one time and created a safe passage route, so it is germane just to them. Here's an instance where we all recognize that the City of Chicago is very different and unique from any other school district in the State of Illinois. They have over four hundred and five thousand students in one school district that span across the City of Chicago, a very different district, and this is just a measure where they need to be addressed directly.

PRESIDING OFFICER: (SENATOR SULLIVAN) Seeing no further discussion, Leader Lightford, do you wish to close? Ladies and Gentlemen, the question is -- excuse me. Senator Luechtefeld, was there a late light there possibly? Senator Luechtefeld, for what purpose do you rise?

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

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Lightford. 68  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014

Yes.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Luechtefeld.

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Lightford.

And so, we would have to provide the same opportunity for transportation reimbursement. The City of Chicago isn't a -- they have the Chicago Block Grant that you guys aren't a fan of, but you kind of left it in there, but they receive a certain percentage of reimbursable rates for transportation already, so this just allow in the School Code the wording "safe passage" to be included so that when they are seeking for transportation reimbursements that this particular student is now qualifiable because they're in a safe passage zone, but they may not be within a mile and a half away from their school.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Luechtefeld.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford.

No, but what it did do was it removed the opposition from CPS 69  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 and ISBE, the way we narrowly drafted the legislation.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Luechtefeld.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford.

That was the suggested amount under the original bill before we amended it.

PRESIDING OFFICER: (SENATOR SULLIVAN) Seeing no further discussion, Ladies and Gentlemen, the question is, shall House Bill 3662 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 39 voting Aye, 13 voting Nay, 0 voting Present. House Bill 3662, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, we will continue on the Calendar where we had left off previously. We are at the top of page 8 of your printed Calendar, still on the Order of House Bills 3rd Reading. We have House Bill 1022. Senator McGuire. Let's go to the next bill, which is House Bill 1152. Senator Muñoz. Leader Muñoz. Next up, we have House Bill 1154. President Cullerton. Let's go to House Bill 1322. Senator Steans. Let's go to House Bill 1457. Leader Clayborne, on 1457. Indicates, no, he would not like to proceed. Let's go to House Bill 1532. Senator Tom Cullerton, on 1532. Do you wish to proceed? Indicates no. Let's go to House 70  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 Bill 2378. Senator Hunter. Leader Hunter. Indicates she'd like to proceed. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Hunter.

Thank you, Mr. -- thank you, Mr. President and Members of -- of the Committee {sic}. House Bill 2378 allows conviction orders -- or orders of supervision for misdemeanor convictions of assault, aggravated assault, simple battery, and -- reckless -- reckless - - reckless conduct to be sealed. There is no opposition, as far as I know, and I would ask for an Aye vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 2378 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? Mr. Secretary, take the record. On that question, there are 35 voting Aye, 18 voting Nay, 0 voting Present. House Bill 2378, having received the required constitutional majority, is declared passed. Next up, we have House Bill 2427. Leader Harmon. Let's go to House Bill 2747. Leader Harmon. Next up, we have House Bill 2898. Senator Manar. Next up, we have House Bill 3092. Senator Link. Senator Link? Let's go to our next bill, which is House Bill 3635. Senator Sandoval. Next up, we have House Bill 3659. Senator Sandoval. Ladies and Gentlemen, let's turn to the top of page 9 71  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 of your printed Calendars and we should have House Bill 3672. Senator Hutchinson. Let's go to House Bill 3681. Senator Raoul. Let's go to House Bill 3695. Senator Link. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Link.

Thank you, Mr. President. This bill allows Advanced Placement computer science courses to count towards high school graduation requirements for mathematics if a pupil successfully completes Algebra II or an integrated mathematics course with Algebra II content. I know of no opposition to the bill.

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

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

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link. 72  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014

I could, but I had trigonometry and calculus too. Did you?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Murphy.

PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Seeing none, Senator Link, do you wish to close? Ladies and Gentlemen, the question is, shall House Bill 3695 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. House Bill 3695, having received the required constitutional majority, is declared passed. Next up, we have House Bill 3744. Senator Althoff. Mr. Secretary, Senator Althoff seeks leave of the Body to return House Bill 3744 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading, we have House Bill 3744. Are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Althoff, to present Floor Amendment 1.

PRESIDING OFFICER: (SENATOR SULLIVAN) 73  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 And do you seek for its adoption? Senator Lightford. Senator Althoff. Previous bill took a lot.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Althoff do you seek for its adoption? Senator Althoff.

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

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading, we have House Bill 3744. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Althoff.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 3744 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 3744, having received the required constitutional majority, is declared passed. Next up, we have -- just one second. Next up, we have House Bill 3831. Senator Hutchinson. Let's go to House Bill 3885. Senator Bertino-Tarrant. House Bill 3912. Senator Biss. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Biss.

Thank you very much, Mr. President. House Bill 3912 makes a few changes to the Metropolitan Water Reclamation District Act, primarily around allowing the District to engage in local stormwater projects and local stormwater facilities. The -- the most important point -- part of this District -- of this matter, at least from the point of view me and my district, is that it allows the Metropolitan Water Reclamation District to use its existing resources to purchase properties from residents who are living in floodplains and -- and, therefore, have unmitigable flooding problems in their homes. It doesn't mandate this. It only allows for voluntary arrangements reached between the District and between homeowners. And, again, it doesn’t add any new taxes or fees to pay for it. It can only exist within their current budget. But it's a tool that we believe will be important in helping some extremely troubled residents deal with flooding problems. And I strongly urge an Aye vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 3912 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. House Bill 3912, having received the required constitutional majority, is declared passed. Next up, we have House Bill 3937. Senator 76  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 Bertino-Tarrant. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bertino-Tarrant.

Thank you, Mr. President. House Bill 3937 extends the moratorium on the establishment of charter schools with virtual- schooling components until December 31st, 2016. It also changes the definition of "virtual-schooling" to mean a cyber school where students engage in online curriculum and instruction via the Internet and electronic communication with the teachers and students at remote locations and with the members participating at different times. It passed out of committee, I believe, unanimously. And I'm happy to answer any questions.

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

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

PRESIDING OFFICER: (SENATOR SULLIVAN) 77  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 Senator Bertino-Tarrant.

They wanted to ensure first that the definition of "virtual- schooling" was clearly defined. And, also, this was as a result of the task force. This was -- it's their recommended extension date.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator -- further discussion? Senator Rezin.

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

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Further discussion? Senator McCarter, for what purpose do you rise? SENATOR McCARTER: To the bill, please.

PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill, Senator McCarter. SENATOR McCARTER: 78  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 Ladies and Gentlemen, I -- I talk about this in my district a lot. You want to talk about how forward-thinking we are or how backwards we behave. This is an example of not thinking forward. You know, I -- one of my side jobs is a small K through 8 school overseas. Right next to us, ten thousand students have been educated by a virtual school system, because it can be done for three dollars per child a month. These are kids that can’t afford anything. The only -- the only opportunity they've had is through a virtual school - lessons, curriculum, fed to a tablet to one - not even a certified - teacher, because they can’t find one for kids. You know, I -- I just think this is wrong, folks. I mean, this is one task force that should have met and should have come up with a decision and we should not have had to extend this. We are not thinking forward in this State. We need to -- we need to understand that this is the way it's going in the world today, folks, and you don’t just put the -- you know, you don’t delay virtual schools and virtual learning because your bureaucratic systems don't like it and it bothers them and it makes them uncomfortable and it takes their jobs away. This is wrong. This is totally wrong. Get with the times.

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

A question of the sponsor, Mr. President.

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

So, for the -- for the purposes of legislative intent, 79  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 Senator, can you answer me, why was the bill amended to change the definition of "virtual-schooling" in the bill and -- and why was that change made?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bertino-Tarrant.

The change is to make clear that the moratorium on virtual schools intend to apply to only full-time online models.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hastings.

So, Senator, is the moratorium intended or is it not intended to apply to charter schools that use some online components?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bertino-Tarrant.

No, it is not. It is intended to apply to charters that use some online courses or to blended models. The moratorium is only to apply to full-time online charter schools.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hastings.

Senator, what is a blended school?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bertino-Tarrant.

A blended school uses online courses, but students spend several hours per week in the classroom. A teacher is physically present. This bill does not apply to blended model charter 80  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 schools.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hastings.

To the bill, Mr. President.

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

This is a good bill. I think that we are keeping up with the times here in Illinois. This bill addresses full-time virtual charter schools and it doesn't interfere with those that are part- time, so I urge an Aye vote. Thank you, Mr. President.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Hastings. Now -- and it looks like you have a lot of good help with you there today. Is there any further discussion? Seeing none, Senator Bertino-Tarrant, do you wish to close? Senator Bertino-Tarrant.

I just urge an Aye vote. Thank you.

PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, the question is, shall House Bill 3937 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 41 voting Aye, 13 voting Nay, 0 voting Present. House Bill 3937, having received the required constitutional majority, is declared passed. Senator Mulroe, for what purpose do you rise? Ladies and Gentlemen, next up, we have Senate {sic} Bill 3961. Senator Holmes. Next up, we have House Bill 4021. 81  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 Senator Hunter. Let's go to House Bill 4056. Senator Kotowski. Let's go to House Bill 4113. Senator Cunningham. Next up, we have - at the bottom of page 9 - have House Bill 4123. Senator Kotowski. Senator Kotowski, before we do that, I'm going to give a -- one moment. Senator Biss, for what purpose do you rise?

For the purposes of an embarrassing correction, Mr. President.

PRESIDING OFFICER: (SENATOR SULLIVAN) Go ahead and make your correction, Senator Biss.

My intention on House Bill 3937 was to vote Yes and I somehow didn’t make it to my button in time. I hope the record would reflect that intent.

PRESIDING OFFICER: (SENATOR SULLIVAN) The record will so indicate that was your intention. Now, Senator Kotowski, did you wish to proceed on 4123? Indicates that he does. Senator Kotowski seeks leave of the Body to return House Bill 4123 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading, we have House Bill 4123. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Kotowski, to present Floor Amendment 2.

Okay. Floor Amendment No. 2 provides that owners of mobile home communities must make certain disclosures to their residents. 82  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014

PRESIDING OFFICER: (SENATOR SULLIVAN) And do you wish to have it adopted? Would you move -- do you wish to move for its adoption? Senator Kotowski.

Yes.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion on Amendment 2? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Kotowski, to present Floor Amendment 5.

Thank you, Mr. President. Floor Amendment No. 5 clarifies the role of the Illinois Department of Public Health and local departments of public health to make rules and ordinances under this Act. I would ask for its adoption.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion on Floor Amendment 5? Do you have a question with regard to the amendment? Senator Cullerton, Tom Cullerton, for what purpose do you rise?

…you -- thank you, Mr. President. Questions of the sponsor, please. Not yet? All right.

PRESIDING OFFICER: (SENATOR SULLIVAN) One second -- one second, Senator Cullerton. We're going to adopt the amendment and then we'll come back to the bill. Thank 83  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 you. Is there any discussion on the amendment? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading, we have House Bill 4123. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Kotowski.

Thank you. I apologize for the persistent state of confusion, Mr. President. It's not you. You're doing an excellent job up here today. This bill, these amendments provide that owners of mobile home communities must make certain disclosures to the residents. It's a consumer protection bill. First, the legal entity that owns the park must provide tenants with the name, address and telephone number, or that of a designated manager. Also, the bill provides that security deposit must be kept in trust. Further, the following notices must be made to residents of the community: health care violations, sale of the park to a different owner, and notice of foreclosure or bankruptcy of the park's owner. And furthermore, the bill outlines the role and responsibilities of the Department of Public Health. This is a 84  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 bill that's been negotiated and worked on for a long time with the House sponsor, Representative Moylan, and we worked it with a whole group of people and negotiated agreement. And I think we have some questions that should be asked regarding legislative intent.

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

Thank you, Mr. President. First, are there any more amendments? Is there five or six of them?

PRESIDING OFFICER: (SENATOR SULLIVAN) Inquiry of the Chair. And, no, there are no amendments. And the amendments have been adopted.

All right, then I'd like to ask a question of the sponsor, please.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Tom Cullerton.

The bill refers to managing agents. Would the definition of "managing agent" include maintenance and janitorial staff?

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

No, the intention is that "managing agent" refers to individuals who are responsible for the overall management of the park.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Tom Cullerton. 85  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014

Thank you, Senator. And this bill will require owners or managing agents to post public health violations. Does this include posting the entire report that the agent receives from the inspection?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Kotowski.

No, the posting requirement refers only to those violations that have not been corrected.

PRESIDING OFFICER: (SENATOR SULLIVAN) Any further discussion? Seeing none, Senator Kotowski, do you wish to close? Senator -- Ladies and Gentlemen, the question is, shall House Bill 4123 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary take the record. On that question, there are 52 voting Aye, 2 voting Nay, 0 voting Present. House Bill 4123, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, let's turn to the top of page 10 of your printed Calendar, still on the Order of House Bills 3rd Reading. We have House Bill 4205. Senator Forby. Out of the record. House Bill 4216. Senator Haine. House Bill 4223. Senator Forby. Let's go to House Bill 4264. Senator Haine. House Bill 4283. Senator Cunningham. House Bill 4286. Senator Stadelman. Let's go to House Bill 4304. Senator Emil Jones. Next up, we have House Bill 4329. Senator Forby. Let's go to House Bill 4417. Senator Mulroe. Next up, we have House Bill 4442. Senator Raoul. Mr. Secretary, let's go to House Bill 4483. Senator Tom Cullerton. 86  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Tom Cullerton.

Thank you, Mr. President and Members of the -- of the Senate. HB 4483 allows elected or appointed members of a park district, forest preserve district, or a conservation district board to complete their Open Meetings Act training through a program offered by the Illinois Association of Park Districts. We passed this same language last year out of the -- out of our Chamber unanimously. It then went over to the House. They amended the bill and it never came back with -- for concurrence. So we passed it this year first in the House and we're bringing it back now. I know I…

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

PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield for questions. Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Cullerton.

I cannot, as they didn't come and talk to me about their opposition. I know they are opposed, but they didn't talk to me about their opposition at all.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Cullerton.

I believe, from my analysis, they still are on as opponents.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) 88  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 Thank you. Senator Cullerton.

Well, it -- it doesn’t trouble me, but I -- I would imagine everything down here can be perceived any way we want to perceive it. I don’t see it being a conflict.

PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any further discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 4483 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. House Bill 4483, having received the required constitutional majority, is declared passed. Next up, we have House Bill 4495. Senator Delgado. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Delgado.

Thank you, Mr. President, Members of the Senate. House Bill 4495 amends the Children and Family Services Act by providing that a delinquent minor may be placed in the custody of the Department of Children and Family Services only if the minor is less than sixteen years of age, rather than fifteen, and has been committed under sentencing order provisions of the Delinquency Article of the Juvenile Court Act. This change is effective through January 89  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 1, 2017. After January 21 {sic}, 2017, if no further legislative action is taken, the threshold age will automatically revert back to fifteen years of age. I know of no opposition. And this is an initiative that was brought to me by an administrative law judge, Thomas Grippando. I would ask for your Aye vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you very much. Is there any discussion? Seeing none, the question is, shall House Bill 4495 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 4495, having received the required constitutional majority, is declared passed. Next up, we have House Bill 4527. Leader Lightford. Let's go to House Bill 4530. Senator Althoff. Let's go to House Bill -- at the bottom of page 10, Ladies and Gentlemen, we have House Bill 4535. Senator Biss. Ladies and Gentlemen, let's turn to the top of page 11, still on the Order of House Bills 3rd Reading. We have House Bill 4556. Senator Morrison. Let's go to House Bill 4557. Senator Link. Next up, we have House Bill 4561. Senator Bertino-Tarrant. Let's go to House Bill 4579. Leader Harmon. Leader Harmon. Let's go to House Bill 4593. Senator Martinez. Next up, we have House Bill 4594. Senator Righter. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) 90  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 Senator Righter.

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

A question of the sponsor.

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

Yes, Senator, could you walk me through that, as I just couldn’t quite understand what you were saying?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.

PRESIDING OFFICER: (SENATOR SULLIVAN) Seeing no further discussion, Ladies and Gentlemen, the question is, shall House Bill 4594 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 45 {sic} (54) voting Aye, 0 voting Nay, 1 voting Present. House Bill 4594, having received the required constitutional majority, is declared passed. Next up, we have House Bill 4649. Leader Harmon. Let's go to House Bill 4652. Senator Hunter. Next up, we have House Bill 4691. Senator Hastings. Next up, Mr. Secretary, let's go to 4716. Senator Biss. Next up, we have House Bill 4731. Leader Harmon. Mr. Secretary, please read the gentleman's bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Harmon.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 4731 adds to the protections of the State Employees' Indemnification Act the Office of the State Attorneys Appellate Prosecutor. This is very similar to a bill that passed the Senate unanimously. It's a little bit more modest in its scope, but I don't think it should affect anyone's view of the bill. And I ask for your Aye votes.

PRESIDING OFFICER: (SENATOR SULLIVAN) 92  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 Thank you. Is there any discussion? Seeing none, the question is, shall House Bill 4731 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 -- take the question. On that question -- take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 4731, having received the required constitutional majority, is declared passed. Next up, we have House Bill 4734. Senator Manar. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Manar.

Thank you, Mr. President. This bill comes to us from the Department of Military Affairs. It's very similar to Senate Bill 3222, which we passed earlier this spring with a unanimous vote, I believe. But it provides oversight and administration of billeting operations conducted by the Illinois National Guard and creates a non-appropriated special fund to receive funds for such purposes. I know of no opposition and ask for an Aye vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Seeing none, the question is, shall House Bill 4734 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. 93  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 4734, having received the required constitutional majority, is declared passed. Next up, we have House Bill 4769. Leader Haine. Let's go to House Bill 4784. Senator Steans. Next up, we have House Bill 5017. Senator Link. Let's go to House Bill 5307 at the bottom of page 11. Senator Steans. Ladies and Gentlemen, let's turn to the top of page 12. Ladies and Gentlemen, if we're -- we're going -- with leave of the Body, we're going to go back to page 10, Mr. Secretary, to House Bill 4442. We’re in the middle of page 10, still on the Order of House Bills 3rd Reading. We have House Bill 4442. Senator Raoul. Mr. Secretary, Senator Raoul seeks leave of the Body to return House Bill 4442 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading, we have House Bill 4442. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Raoul, to present Floor Amendment 2.

Floor Amendment 2 sets a sunset day of July 1, 2019.

PRESIDING OFFICER: (SENATOR SULLIVAN) And, Senator Raoul, do you seek for its adoption? Senator Raoul.

Yes.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion on the amendment? Seeing 94  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading, we have House Bill 4442. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Raoul.

Thank you. House Bill 4442 extends the traffic stops statistical study from July 1, 2015, to July 1, 2019.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Seeing none, the question is, shall House Bill 4442 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 50 voting Aye, 0 voting Nay, 0 voting Present. House Bill 4442, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, back to where we left off. We’re on the top of page 12 of the printed Calendar on the Order of House Bills 3rd Reading. We have House Bill 5322. Senator Raoul. Let's go to House Bill 5323. Senator Frerichs. Mr. Secretary, please read 95  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Frerichs.

Thank you very much, Mr. President. House Bill 5323 requires the Illinois Student Assistance Commission to study the fiscal and practical possibilities of implementing Pennsylvania's Pay it Forward Pay It Back program in the State of Illinois. ISAC would assist the Illinois Department of Revenue in the potentiality of providing interest-free student loans through the State treasury, based on certain criteria, to be repaid according to the students' income beginning thirty-six months after graduation.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Seeing none, the question is, shall House Bill 5323 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5323, having received the required constitutional majority, is declared passed. Next up on the Calendar, we have House Bill 5333. Leader Lightford. Let's go to House Bill 5342. Senator Koehler. Next up, we have House Bill 5348. Senator Morrison. Let's go to 5354. Leader Trotter. Next up, Mr. Secretary, we have House Bill 5397. Senator Delgado. Next up, let's go to 5433. Senator Manar. Next 96  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 up, we have 5438. House Bill 5438. Leader Harmon. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Harmon.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 5438 is an initiative of the State Comptroller's Office. It allows the Office to -- it grants discretion to reduce fees for delinquent reports and some other administrative matters. I'm not aware of any opposition and I ask for your Aye votes.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Seeing none, the question is, shall House Bill 5438 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5438, having received the required constitutional majority, is declared passed. House Bill 5475. Senator Syverson. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) 97  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 Senator Syverson.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 5475 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5475, having received the required constitutional majority, is declared passed. Next up, we have House Bill 5491. Senator Biss. House Bill 5512. Senator Mulroe. Nice job. House Bill 5546. Leader Harmon. Let's go to House Bill 5547. Senator -- President Cullerton. Next up, we have House Bill 5563. Senator Martinez. Ladies and Gentlemen, let's turn to page 13. At the top of the page, still on the Order of House Bills 3rd Reading, we have House Bill 5567. Senator Forby. Let's go to House Bill 5584. Senator Muñoz. Next up, we have House Bill 5592. Senator Martinez. Next up, we have House Bill 5622. Senator Raoul. Mr. Secretary, let's go to 5623. Leader Harmon. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Harmon.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 5623 was recommended by the DuPage County Board. Requires any unit of local government or a school district that serves a population of less than one million and maintains an Internet website today to make available e-mail addresses for the members of the public to communicate directly with their elected officials. I'm not aware of any opposition and I'd ask for your Aye votes.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Seeing none, the question is, shall House Bill 56 -- excuse me, excuse me. Senator Jacobs, for what purpose did you -- do you rise?

Question of the sponsor.

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

Senator, does it -- do you really think this is something that we should mandate to people to say they have to do this? Shouldn’t people just do this, you know, out of their own pocket and for the goodness of their heart?

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Harmon.

Thank you, Mr. President, and thank you for the question, Senator. I -- I wish that more governments would do this just as 99  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 a -- as a matter of practice. Our -- our friends in the House, Representative Sandack, and the Republicans on the DuPage County Board believe this sort of a mandate is in order. So I'm happy to facilitate a good Republican mandate.

PRESIDING OFFICER: (SENATOR SULLIVAN) Seeing no further discussion, Ladies and Gentlemen, the question is, shall House Bill 5623 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, please take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5623, having received the required constitutional majority, is declared passed. House Bill 5684. Leader Harmon. House Bill 5701. Senator Muñoz. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Muñoz. SENATOR MUÑOZ: Thank you, Mr. President, Ladies and Gentlemen of the Senate. The bill -- we adopted an amendment in committee. This is -- that exempted -- we had the workers and then took the construction workers out of it. And, as amended, it just creates Job Opportunities for Qualified Applicants Act. Under the bill, an employer may not inquire about, consider, or require disclosure of a criminal record history of an applicant until the applicant has been determined qualified for the position and selected for an 100  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 interview. If the employer does not conduct an interview, the employer may not inquire until the employer makes a conditional employment offer to the applicant.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Seeing none, the question is, shall House Bill 5701 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 40 voting Aye, 12 voting Nay, 0 voting Present. House Bill 5701, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, we're going to go to House Bill 5710. Senator Mulroe. Let's go to the next bill, Mr. Secretary. 5716. Senator Manar. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Manar.

Thank you, Mr. President. House Bill 5716 simply states that in updating a school building's emergency and crisis response plans, consideration may be given to making the plans available to first responders and school professionals for implementation through the use of electronic applications on electronic devices. I know of no opposition to the bill. Would be happy to take any questions.

PRESIDING OFFICER: (SENATOR SULLIVAN) 101  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 Thank you. Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 5716 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 54 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5716, having received the required constitutional majority, is declared passed. House Bill 5755. Senator Steans. Let's go to House Bill 5766. Senator Connelly. Next up -- that's correct, okay. Ladies and Gentlemen, with leave of the Body, if you'll turn to page 8 in your printed Calendar on the Order -- still on the Order of House Bills 3rd Reading. We have House Bill 1152. Leader Muñoz. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Muñoz. SENATOR MUÑOZ: Thank you, Mr. President. The language as -- as engrossed, the bill removes several of the findings included in the bill and moves a deadline for Chicago Educational Governance Task Force to report May 30th, 2016, instead of May 30th, 2015. Also, it just creates the Chicago Educational Governance Task Force. The purpose of the Task Force is to recommend the best structure and procedure for Chicago Public governance.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Seeing none, the 102  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 question is, shall House Bill 1152 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. House Bill 1152, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, with leave of the Body, we will turn to page 6 of your printed Calendar. We are now on the Order of Senate Bills 3rd Reading. We have Senate Bill 1051. Senator Stadelman. Mr. Secretary, Senator Stadelman seeks leave of the Body to return Senate Bill 1051 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 1051. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Stadelman, to present Floor Amendment 1.

It replaces the bill. I'll explain it on 3rd Reading.

PRESIDING OFFICER: (SENATOR SULLIVAN) And, Senator Stadelman, do you seek to have the amendment adopted?

Yes, I do.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Stadelman.

I seek to have the amendment adopted. 103  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion on the amendment? Seeing none, all those in favor will vote -- say Aye. Opposed, Nay. The voting -- excuse me, have all the -- all those in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 1051. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Stadelman.

Thank you, Mr. President, Members of the Senate. Senate Bill 1051 is an effort to tighten up the Illinois Probate Act provisions concerning guardianships. Basically, it attempts to increase transparency and clarify the current law and makes several relatively minor changes to address these issues and mainly to -- to make sure that the intent of the guardianship's best interests are in mind when this process occurs forward. I'm not aware of any opposition and I urge a -- a Yes vote.

PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Seeing none, the 104  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 question is, shall Senate Bill 1051 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1051, having received the required constitutional majority, is declared passed. Mr. Secretary, Resolutions.

PRESIDING OFFICER: (SENATOR SULLIVAN) Consent Calendar. Mr. Secretary, Messages from the House.

PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, with leave of the Body, if you'll turn to page 15 of the printed Calendar, on the Order of House Bills 2nd Reading. We have House Bill 2930. Senator Rose. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Skip down to House -- House Bill 3798. Senator Rezin. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Senator Murphy, for what purpose -- oh, never mind. Leader Harmon in the Chair.

PRESIDING OFFICER: (SENATOR HARMON) Ladies and Gentlemen of the Senate, at the top of page 13 of your printed Calendar, still on the Order of House Bills 3rd Reading, is House Bill 5567, sponsored by Senator Forby. Mr. Secretary, my understanding is, paperwork has been filed to allow Senator Sullivan as the first chief cosponsor to present the bill in Senator Forby's absence. 106  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014

PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan, you wish to proceed? Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.

Thank you, Mr. President, Ladies and Gentlemen. House Bill 5567 provides for the expedited review by the Department of Natural Resources of applications for oil and gas well permits and petitions for drilling units. The bill would -- would require DNR to grant or reject a well permit application within twenty business days of application. The -- just to be clear that the -- this does not impact -- Mr. Secretary -- Mr. President, give me just one second here.

PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.

Thank -- thank you, Mr. Secretary {sic}. I'm carrying this for Senator Forby, so I'm trying to find my notes here. But I just want to make clear that this bill does not make any changes to the high volume hydraulic fracturing legislation that was passed last year. I know of no objection -- no opposition to the legislation. I ask for an Aye vote. 107  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 5567 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, none voting No, none voting Present. House Bill 5567, having received the required constitutional majority, is declared passed. Ladies and Gentlemen of the Senate, on page 15 of your printed Calendar, on the Order of House Bills 2nd Reading, House Bill 5812. Senator Bivins. Mr. Secretary, please read the bill.

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

PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Ladies and Gentlemen of the Senate, we are turning to page 4 of your printed Calendar, on the Order of Senate Bills 3rd Reading. We have Senate Bill 352. Senator Hutchinson, you wish to proceed? Mr. Secretary, Senator Hutchinson requests leave of the Body to return House Bill 352 to the Order of 2nd Reading -- Senate Bill 352 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 352. Mr. 108  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson, on your amendment.

Thank you, Mr. President. It becomes the bill and I can explain it all on 3rd.

PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson moves for the adoption of Floor Amendment No. 1 to Senate Bill 352. All in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading, Senate Bill 352. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson.

Thank you, Mr. President and Members of the Senate. Senate Amendment No. 1 becomes the bill and amends the Use Tax Act and addresses the statute that the Illinois Supreme Court ruled as 109  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 violating federal law. This bill addresses the issue and makes the underlying statute valid going forward. Specifically, this bill expands the definition of "retailer maintaining a place of business in this State" to include retailers that have contacts with people in the State of Illinois who receive commissions or other consideration from the retailer for referring potential customers to the retailer. The person also has to have some method of tracking sales directed to the retailer by a promotional code or other similar mechanism. This only applies if the retailer sells over ten thousand dollars' worth of merchandise under such arrangements over the previous four quarters. The bill also creates a rebuttable presumption. The retailer can rebut the presumption that the activities are not enough to meet the nexus standards of the U.S. Constitution. Happy to answer any questions and I would -- support -- I would ask for your support.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 352 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 37 voting Aye, 15 voting No, none voting Present. Senate Bill 352, having received the required constitutional majority, is declared passed. Senator McCarter, for what purpose do you rise? SENATOR McCARTER: I'd like to verify the roll call.

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter has requested a verification on the last roll call. Will all Members please be in their seats? Mr. 110  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 Secretary, please ring the bill. Mr. Secretary, will you please read the affirmative votes?

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter, do you question the presence of any Member voting in the affirmative? SENATOR McCARTER: Senator Bush.

PRESIDING OFFICER: (SENATOR HARMON) Senator Bush? Is Senator Bush in the Chamber? Senator Melinda Bush? Mr. Secretary, please strike Senator Bush's name from the roll call. Senator McCarter, do you question the presence of any other Members having voted in the affirmative? SENATOR McCARTER: Senator Sandoval.

PRESIDING OFFICER: (SENATOR HARMON) Senator Sandoval? Senator Sandoval? Is Senator Sandoval in the Chamber? Mr. Secretary, please strike Senator Sandoval's name from the roll call. Senator McCarter, do you question the presence of any other Members voting in the affirmative? SENATOR McCARTER: Yes. Senator Jacobs.

PRESIDING OFFICER: (SENATOR HARMON) 111  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 Senator Jacobs? Senator Jacobs? Is Senator Jacobs in the Chamber? Mr. Secretary, please strike Senator Jacobs' name from the roll call. Senator McCarter, do you question the presence of any other Member voting in the affirmative? SENATOR McCARTER: Senator Hastings.

PRESIDING OFFICER: (SENATOR HARMON) Senator Hastings? Senator Hastings? Is Senator Hastings in the Chamber? Mr. Secretary, please strike Senator Hastings' name from the roll call. Senator McCarter, do you question the presence of any other Members who have voted in the affirmative? SENATOR McCARTER: Senator Van Pelt.

PRESIDING OFFICER: (SENATOR HARMON) Senator Van Pelt? Senator Van Pelt? Mr. Secretary, please strike Senator Van Pelt's name from the roll call. Senator McCarter, do you question the presence of any other Members voting in the affirmative? SENATOR McCARTER: Senator Lightford.

PRESIDING OFFICER: (SENATOR HARMON) I'm sorry, Senator McCarter. I'm -- you're being recognized. Senator McCarter. SENATOR McCARTER: Senator Lightford.

PRESIDING OFFICER: (SENATOR HARMON) Senator Lightford is here in the Chamber. Please restore Senator Bush's name to the roll call. Senator McCarter, do you - - do you question the presence of any other Members having voted 112  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 in the affirmative? SENATOR McCARTER: No, thank you.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator McCarter, for the exercise. On a verified roll call, there are 33 Ayes, 15 Nays, and none voting Present. Having received the required constitutional majority, Senate Bill 352 is declared passed. Senator Collins, for what purpose do you rise?

Point of personal privilege.

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

For some reason - my button was pushed for Yes on Senate Bill 352 - it did not register. I'd like the record to reflect that it was a Yes vote intention for Senate Bill 352.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. The record will reflect your intention. Senator Delgado, for what purpose do you seek recognition?

Thank you, Mr. President. I move to waive all notice and posting requirements so that House Bill 4418 can be heard on Tuesday, May 27th, in the Senate Executive Committee, sir.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Delgado moves to waive all notice and posting requirements so that House Bill 4418 can be heard on Tuesday, May 27th, in the Senate Executive Committee. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and all 113  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 notice and posting requirements have been waived. Senator Noland, for what purpose do you rise?

Thank you, Mr. President. I move to waive all notice and posting requirements so that HJR 96 can be heard on Tuesday, May 27th, in the Senate Executive Committee.

PRESIDING OFFICER: (SENATOR HARMON) Senator Noland moves to waive all notice and posting requirements so that House Joint Resolution 96 can be heard on Tuesday, May 27th, in the Senate Executive Committee. All those in favor will vote {sic} Aye. Opposed, Nay. The Ayes have it, and all notice and posting requirements have been waived. Stand at ease just for a moment to allow the paperwork to catch up with us. We are going to continue with final action. If you'll just bear with us for a few minutes while our paperwork catches up. Ladies and Gentlemen of the Senate, Senate Supplemental Calendar No. 1 has been distributed to the Members' desks. We're going to turn to that order. On your Supplemental Calendar, on the Order of Secretary's Desk, Concurrence, is Senate Bill 221. President Cullerton has filed a Motion to Concur on House Amendment No. 1 to Senate Bill 221. Mr. President, you wish -- do you wish to proceed? Mr. Secretary, please read the motion.

PRESIDING OFFICER: (SENATOR HARMON) President Cullerton, on your motion.

114  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 Yes, thank you, Mr. President, Members of the Senate. This bill deals with the Legislative Ethics Commission and it allows the Legislative Ethics Commission to designate an Acting Legislative Inspector General if the office is vacant. Tom Homer had been appointed by the General Assembly as the Legislative Inspector General back in 2004, reappointed in 2008, but his term ended in 2013, and he continued to hold the office until recently, when he resigned. He's going to leave office in June of 2014. We do not have the ability to have a interim Inspector General and that's what this bill would do. So, be happy to answer any questions and ask for an Aye vote.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion of the motion? Any discussion? Seeing none, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 221. 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 Aye, none voting No, none voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 1 to Senate Bill 221, and the bill is declared passed. Ladies and Gentlemen, we're going to turn to page 16 on your printed Calendar, on the Order of Secretary Desk, Resolutions. Senate Resolution 1011. Senator McCann. Mr. Secretary, please read the resolution.

PRESIDING OFFICER: (SENATOR HARMON) Senator McCann, to explain your resolution. 115  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 SENATOR McCANN: Thank you, Mr. President. As you well know, we -- we underwent sort of a perfect storm here in Illinois and across the country this last winter, where we had a propane shortage, and many of the folks, especially in downstate Illinois, who heat with -- propane were forced between having to -- to buy food, pay their bills, or pay up -- as much as triple for propane. And this resolution simply calls on President Obama to consider relaxing the permitting requirements on interstate and U.S. highways whenever a propane shortage or an -- an energy emergency is declared. I move for the adoption of the resolution.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall Senate Resolution 1011 pass. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. With leave of the Body, we will return to Senate Resolution 1115. Senate Resolution 1124. Senator Haine. Mr. Secretary, please read the resolution.

PRESIDING OFFICER: (SENATOR HARMON) Senator Haine, on the resolution.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. This resolution petitions Congress, the Congress of the United States, and the President of the United States, the Honorable Barack Obama, to reauthorize the Terror {sic} (Terrorism) Risk Insurance Program. This has worked very well over the years. It provides a backstop to the tremendous losses that would be incurred 116  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 by any terrorist attack, as we suffered September the 11th, 2001. It does not cause Congress to expend any money, but it is a -- an insurance program and the risk insurers will fully be a -- be a - - be a -- be a -- a part of this. And we ask for its adoption.

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Resolution 1124 pass. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senate Joint Resolution 56. Senator Hastings. Senate Joint Resolution 62. Senator Rose. Mr. Secretary, please read the resolution. Senator Rose, there are three amendments pending. We'll call them individually. You may withdraw a -- a amendment you choose not to pursue and adopt the one you do. So, Mr. Secretary, first amendment.

PRESIDING OFFICER: (SENATOR HARMON) Senator Rose.

PRESIDING OFFICER: (SENATOR HARMON) Senator Rose withdraws Amendment No. 2. Mr. Secretary.

PRESIDING OFFICER: (SENATOR HARMON) Senator Rose.

PRESIDING OFFICER: (SENATOR HARMON) 117  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 Mr. Secretary, Senator Rose has withdrawn Floor Amendment No. 3. Further amendments?

PRESIDING OFFICER: (SENATOR HARMON) Senator Rose.

PRESIDING OFFICER: (SENATOR HARMON) Senator Rose moves for the adoption of Floor Amendment No. 7 to Senate Joint Resolution 62. All in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, are there any further amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) Senator Rose, on your resolution, as amended.

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

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Further discussion? Senator McCann, for what purpose do you rise? SENATOR McCANN: Thank you, Mr. President. To the resolution.

PRESIDING OFFICER: (SENATOR HARMON) To the resolution, Senator. SENATOR McCANN: I would like to thank the sponsor for bringing this. The year before, we had a trooper killed in the line of duty, Trooper Deatherage, who we've already honored here in the Chamber. That accident occurred Thanksgiving a couple of years ago in an area that was, at that time, in my district, now in Senator Manar's district. And I just want to say thank you to Senator Rose for bringing this to the forefront.

PRESIDING OFFICER: (SENATOR HARMON) Any further discussion? Senator Rose.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. As this resolution requires the expenditure of State funds, a roll call will be required. We will take your request for a moment of silence after the roll call. The question is, shall Senate Joint Resolution 62 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 Aye, none voting No, none voting Present. Senate Joint Resolution 62, having received the required constitutional majority, is declared adopted. Will all rise for a moment of silence in honor of the lost emergency responders? (Moment of silence observed) Continuing on the Order of Secretary's Desk, Resolutions, Senate Joint Resolution 66. Senator Bush. Senate Joint Resolution 73. Senator Rezin. House Joint Resolution 21. Senator McCann. House Joint Resolution 60. Senator McCann. Mr. Secretary, please read the resolution.

PRESIDING OFFICER: (SENATOR HARMON) Senator McCann, on your resolution. SENATOR McCANN: Thank you, Mr. President and Members of the Body. This resolution seeks to honor a young man who paid the ultimate price in the service of his countrymen. Matthew Ward Weikert was a constituent of mine from -- from Jacksonville. He was born May 15th, 1981, to Richard W. and Susan B. Weikert. Staff Sergeant 121  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 Weikert graduated from Jacksonville High School in 2000, where {sic} he was a member of the First Presbyterian Church. Sergeant Weikert first enlisted in the United States Marine Corps in August of 2001 and served three tours of duty with the Marine Corps in Iraq, but that wasn't enough for Sergeant Weikert. He later enlisted in the United States Army and served yet another tour in Iraq. Sergeant Weikert was serving in Afghanistan on yet a fifth tour of duty in a war zone with the 1st Battalion, 187th Infantry Regiment, 3rd Brigade Combat Team of the 101st Airborne Division at the time of his death. Sergeant Weikert was a military leader, as he had the courage to endure five deployments in support of Operations Iraqi and Enduring Freedom. After his patrol encountered a -- an improvised explosive device, Sergeant Weikert was wounded, but still found the strength to radio the coordinates of his location to his group, saving the lives of two soldiers also wounded in the attack. Sergeant Weikert was the recipient of numerous decorations of merit, including the Combat Action Ribbon, the Presidential Unit Citation, the Meritorious Unit Commendation, the Army Good Conduct Medal, the Marine Corps Good Conduct -- Conduct Medal, the Afghanistan Campaign Medal, the Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the NATO Medal, the Combat Infantry Badge, the Purple Heart and the Bronze Star, among many others. Sergeant Matthew Ward Weikert gave his life defending America's freedom on July 17th, 2010, in the Paktika Province in Southern Afghanistan. Sergeant Weikert will be remembered for his love of country, his generous spirit, his patriotism, and his love for his family and friends, especially his son, Jayse, who was ten years old at the time his father was killed in action. I, therefore, ask for the adoption of the 122  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 resolution, which designates the section of "Old U.S. Route 36" along Morton Avenue in Jacksonville from west of U.S. Route 67 to north of Interstate 72 at Exit 68 as the Staff Sergeant Matthew Ward Weikert U.S. Army/USMC Memorial Highway. Mr. President, I regret that's all that we can do for Sergeant Weikert. I would ask for the adoption of the resolution and then a moment of silence.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. As this resolution requires the expenditure of State funds, a roll call vote will be required. We will then turn immediately to a moment of silence. The question is, shall House Joint Resolution 60 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? Please take the record. On that question, there are 52 voting Aye, none voting No, none voting Present. House Joint Resolution 60, having received the required constitutional majority, is declared adopted. Please all rise in a moment of silence for Sergeant Weikert. (Moment of silence observed) We will now proceed to the Order of Resolutions Consent Calendar. With leave of the Body, all those resolutions read in today will be added to the Consent Calendar. Mr. Secretary, have there been any objections filed to any resolution on the Consent Calendar?

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? If not, the question is, shall the resolutions on the Consent Calendar be adopted. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The motion 123  STATE OF ILLINOIS 98th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 127th Legislative Day 5/23/2014 carries, and the resolutions are adopted. Senator Noland, for what purpose do you rise?

Thank you, Mr. President. I realize that we're all anxious to leave here, but -- so I'll make this quick. But I do have some visitors above -- above in the gallery, over on the Republican side. If we can quickly provide them with a warm Senate welcome, for our further contingent of the Clinton Cougars from South Elgin, Illinois, accompanied by their principal, John Oliver. Please provide them with a warm Senate welcome. Thank you.

PRESIDING OFFICER: (SENATOR HARMON) Guests in the gallery please rise to be welcomed to the Illinois State Senate. There being no further business to come before the Senate, the Senate stands adjourned until the hour of 3 p.m. on the 26th day of May, 2014. The Senate stands adjourned. 124