PRESIDING OFFICER: (SENATOR LINK) The regular Session of the 99th General Assembly will please come to order. Will Members please be at their desks? Will our guests in the galleries please rise? The invocation today will be given by Pastor Johnnie Standard, Springfield Bible Church, Springfield, Illinois.
(Prayer by Pastor Johnnie Standard)
PRESIDING OFFICER: (SENATOR LINK) Please remain standing for the Pledge Allegiance. Senator Cunningham.
(Pledge of Allegiance, led by Senator Cunningham)
PRESIDING OFFICER: (SENATOR LINK) James Carder, Blueroomstream.com, seeks permission to videotape. Seeing no objection, permission granted. Mr. Secretary, Reading and Approval of the Journal.
Senate Journal of Thursday, May 28th, 2015.
PRESIDING OFFICER: (SENATOR LINK) Senator Hunter.
Mr. President, I move to postpone the reading and approval of the Journal just read by the Secretary, pending arrival of the printed transcript.
PRESIDING OFFICER: (SENATOR LINK) Senator Hunter moves to postpone the reading and approval of the Journal, pending the arrival of the printed transcript. There being no objection, so ordered. Mr. Secretary, Introduction of 1 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 Senate Bills.
Senate Bill 2141, offered by Senator Oberweis. (Secretary reads title of bill) 1st Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Will the Committee on Assignments please meet in the President's Anteroom immediately? Will the Committee on Assignments please meet in the President's Anteroom immediately? Mr. Secretary, Committee Reports.
Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to Appropriations I Committee - Floor Amendment 5 to Senate Bill 2038, Floor Amendment 1 to House Bill 3763, Motion to Concur on House Amendments 1 and 2 to Senate Bill 51, Motion to Concur on House Amendments 1 and 2 to Senate Bill 274, Motion to Concur on House Amendment 1 to Senate Bill 842, Motion to Concur on House Amendment 1 to Senate Bill 1354. Signed, Senator James F. Clayborne, Chairman.
PRESIDING OFFICER: (SENATOR LINK) The Appropriations I Committee will meet today at 10:55 a.m. in Room 212. I'll repeat that again: The Appropriations I Committee will meet today at 10:55 a.m. in Room 212. If you would turn your printed Calendar to page 25, House Bill 1. Senator Kotowski. Mr. Secretary, please read the bill.
House Bill 1. (Secretary reads title of bill) 2 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. The Senate will stand in recess to the call of the Chair. After Appropriation {sic} (Appropriations) I Committee, the Senate will reconvene for further Floor action. The Senate stands in recess. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR LINK) The Senate will please come to order. Mr. Secretary, Resolutions.
Senate Resolution 165 {sic} (615), offered by Senator Hunter and all Members. It is a death resolution, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) Resolution Consent Calendar. Mr. -- Mr. Secretary, Committee Reports.
Senator Steans, Chairperson of the Committee on Appropriations I, reports Senate Amendment 5 to Senate Bill 2038, Motion to Concur: House Amendment 1 to Senate Bill 51, House Amendment 2 to Senate Bill 51, House Amendment 1 to Senate Bill 274, House Amendment 2 to Senate Bill 274, House Amendment 1 to Senate Bill 842, House Amendment 1 to Senate Bill 1354, and Senate Amendment 1 to House Bill 3763 Recommend Do Adopt.
PRESIDING OFFICER: (SENATOR LINK) 3 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 Senator Althoff, for what purpose do you rise?
Point of an announcement, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) State your announcement.
The Senate Republicans would like to caucus immediately for about sixty minutes.
PRESIDING OFFICER: (SENATOR LINK) Senator Althoff moves that the Senate recess for the purposes of a Senate Republican Caucus lasting sixty minutes. That'll be in order. Mr. Secretary, Resolutions.
Senate Resolution 616, offered by Senator Clayborne. It is substantive. And Senate Resolution 617, offered by Senator Koehler and all Members. It is a death resolution, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) Resolution Consent Calendar. The Senate will now stand in recess to the call of the Chair. After the Senate Republican Caucus, the Senate will reconvene for further Floor action. The Senate stands in recess to the call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR LINK) Will the Senate please come to order? Will all Members at the sound of my voice come to the Senate Floor immediately? All 4 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 Members at the sound of my voice, please come to the Senate Floor immediately for Floor action. Will all Members at the sound of my voice please come to the Senate Floor immediately for Floor action? All Members at the sound of my voice, come to the Floor immediately for Floor action. Senator Nybo, for what purpose do you rise?
For purposes of an introduction, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) State your introduction.
Thank you, Mr. President. While we're waiting for the Members to assemble and carry on with the people's business today, I just wanted to take the opportunity to introduce a very bright young man from my district who's down here shadowing me as Page for a Day. This is Brandt Siegfried. He's going to be a sophomore at Lyons Township High School. He's from Western Springs. I will note that Lyons Township is also the alma mater of Leader Radogno and it's also her hometown. So, Brandt is a really bright young man, who's very interested in government. So I hope everybody gets an opportunity to say hello. And he's very excited about everything that's going on here today. And I've asked him -- his assignment for today is to figure out a good definition of the word "compromise", Mr. President. I'd like to know what that means, "compromise".
PRESIDING OFFICER: (SENATOR LINK) Welcome to Springfield.
PRESIDING OFFICER: (SENATOR SILVERSTEIN) Senator Nybo, what purpose do you rise?
PRESIDING OFFICER: (SENATOR LINK) 5 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 Mr. Secretary, Resolutions.
Senate Resolution 618, offered by Senator Haine. It is substantive, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) On the printed Calendar, page 18, Senate Bill 2038. Senator Kotowski. Senator Kotowski seeks leave of the Body to return Senate Bill 2038 to the Order of 2nd Readings for purposes of an amendment. Leave is granted. Now on the Order of 2nd Reading is Senate Bill 2038. Mr. Secretary, have there been any amendments approved for consideration?
Floor Amendment No. 5, offered by President Cullerton.
PRESIDING OFFICER: (SENATOR LINK) Senator Kotowski has a letter on file to present the amendment. Senator Kotowski, on the amendment.
This is a gut and replace, becomes the bill. Like to present it on 3rd. Like to adopt it and explain it on 3rd.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion on the amendment? Senator Murphy. Not -- if there's no discussion, all those in favor will say Aye. The opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2038. Mr. Secretary, please read the bill. 6 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015
Senate Bill 2038. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Kotowski.
Thank you very much, Leader and Mr. President. This bill appropriates a total of 63.3 million GRF between seventeen agencies for personal services and Social Security. The bill is for back pay owed to union employees at various agencies dating back to previous union contract. This is identical to House Bill 3763, which passed out of the Executive Committee 14 to 0. This bill addresses an issue and I know some people had hoped that it'd been addressed earlier. In previous years, it's something we've advocated here as part of our caucus and I know that's shared by the Members of the other side of the aisle. The pay raises were part of the terms of their collective -- bargaining agreement. An independent arbitrator ruled that the union contract had been violated and the circuit court subsequently ruled that the Governor's action was illegal and that the money was owed to employees. The -- judge's order was stayed pending an appeal of his decision that's been filed by the Attorney General. Attorney General has indicated that the appeal would not be pursued if the General Assembly appropriates the money that is owed. That is what we are doing today. We have been required by the courts to do as such.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? And can we please keep the noise 7 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 level down, please? Senator Murphy, for -- for what purpose do you rise?
To -- to the bill, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) To the bill.
This is -- the Senator's right. This is -- this is money that's owed these employees. It's money that we filed an amendment to bills last year to try to get paid. The problem that I personally have with what's going on right now is this is being out of the 2015 budget. And just for explanation: We, on a bipartisan basis with the Governor, worked together to fix the 2015 budget and make it balance. COGFA has indicated they've never changed their recommendation formally. They intimated we might have between three and five hundred million dollars more in 2015 revenue, but they've never changed that estimate. We spent twenty- six million of that potential three hundred to five hundred on the autism money and the -- the cuts from back on April 3rd to be reinstated. Earlier this week, on a party-line vote, your side of the aisle passed a budget bill that took five hundred million of the three to five hundred in group health and are going to spend that, again in 2015 money, out of the three to five hundred million potential surplus. GOMB Director Nuding had indicated he's going to need some of that money to bring this budget year into balance. So when you add all of this up - you have twenty-six million from the April 3rd cuts, you have five hundred million in group health that you have already spent, and now you're going to add another sixty-three - you're somewhere in the neighborhood of five hundred 8 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 and ninety million dollars that you propose to spend in 2015 out of three to five hundred million that we might have. So we went to such lengths to balance the 2015 budget and, here we are, we're not even out of 2015 again and you're already blowing a hole in the budget again. It's the exact same mindset that you're taking with the 2016 budget, where basically you're leaving a steaming budgetary pile for Governor Rauner to handle. Well, that's not responsible. It's not the right thing to do. So, while it is the right thing to do to pay this bill, the manner in which you're doing it, yet again, is not proper. I urge a No vote.
PRESIDING OFFICER: (SENATOR LINK) Is there any further discussion? Senator Oberweis, for what purpose do you rise?
Question of the sponsor.
PRESIDING OFFICER: (SENATOR LINK) Indicates he will yield.
Senator Kotowski, I'd just like to clarify something that you just said. You indicated that the Governor - I believe your words were - had violated the law. And I just want to clarify, were you talking about a Republican Governor or a Democrat Governor?
PRESIDING OFFICER: (SENATOR LINK) Senator Kotowski.
I was talking about a Democrat.
PRESIDING OFFICER: (SENATOR LINK) Senator Oberweis.
9 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 Thank you very much for that clarification. And also, just following up on yesterday's conversation, Senator, since you're now banned from Oberweis stores, I hope you enjoy your Dairy Queen.
PRESIDING OFFICER: (SENATOR LINK) Senator McCann, for what purpose do you rise? SENATOR McCANN: To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) To the bill. SENATOR McCANN: I just want to commend the sponsor for bringing this bill. There is no invoice, no bill that's due and payable out of the Comptroller's hopper that is older than this bill. This is the - - the oldest bill that we owe. It's morally correct. It's the right thing to do. And I am proud that we are finally going to step up to the plate and do the right thing. Please vote Yes.
PRESIDING OFFICER: (SENATOR LINK) Senator Steans, for what purpose do you rise?
To the bill. I just want to…
PRESIDING OFFICER: (SENATOR LINK) To the bill.
…just want to comment that, first, we are providing approp authority. They can spend only what they have revenues to spend, so there's no need to actually go out of balance in doing this. Fully support it. And really rising to say, there is a great Dairy Queen on the way from Chicago into Park Ridge that I love to visit. I will look forward to joining my colleague, Dan Kotowski, 10 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 thereby.
PRESIDING OFFICER: (SENATOR LINK) Senator Kotowski, to close.
Thank you. I would merely ask for an Aye vote. Appreciate the comments. Please vote Aye.
PRESIDING OFFICER: (SENATOR LINK) The question is, shall Senate Bill 2038 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 Ayes, 3 Nays, none voting Present. Senate Bill 2038, having received the required constitutional majority, is declared passed. Senator Althoff, for what purpose do you rise?
Point -- point of personal privilege, please, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) State your point.
I have with me today an extraordinarily delightful guest. His name is Ben Jones. You can see him here in his wonderful Cub Scout uniform. He has informed me, for the last several hours, exactly what the stages are to become a Boy Scout, and you have to go through Tiger, Wolf, Bear, Webelos 1 and Webelos 2 before you become a Boy Scout. He is going into the third grade at the Ridgeview Elementary School in Dunlap. His father is our very own Matt Jones and his mom is Sandy and just completed her first year of law school. He loves baseball and he's very good at chess. Might we give him a very warm welcoming round of applause for {sic} 11 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 Springfield?
PRESIDING OFFICER: (SENATOR LINK) Senator Brady, for what purpose do you rise?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) State your point.
I would like to introduce my Page for the day. His name is Elijah Smith. He's from Bloomington and attends Olympia North. He's a fourth grader. He likes to play baseball and basketball, but wanted to take time away from fourth grade and that to be with us here. He wants us to get our work done and go home. So, that's what he told me. He's accompanied by his father, Keith.
PRESIDING OFFICER: (SENATOR LINK) Welcome to Springfield. Senator Murphy, for what purpose do you rise?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) State your point.
I -- you know, I -- I -- I took a dig at Senator Trotter earlier in the week for the -- for all the support he got from his side of the aisle on a couple of -- on a couple of bills and I think it's only fair that I point out, after my impassioned plea, I was only able to talk two of my Members on my own side of the aisle into joining me. So, Senator Trotter, I feel your pain.
PRESIDING OFFICER: (SENATOR LINK) 12 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 With leave of the Body, we'll turn to page 25, House Bill 4151. Senator Kotowski, on your bill. Mr. Secretary, please read the bill.
House Bill 4151. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Kotowski.
Thank you very much. Just to be clear, this bill does not address the general State aid formula. This is -- that'll be on a separate bill, subsequent bill. This bill contains appropriations to the State Board of Education for operations and administrative costs of various ISBE programs for fiscal year '16, in addition to the appropriations for assessments and Regional Offices of Education. The bill includes a total appropriation of 277.9 million all funds. Of this, 82.3 million is GRF funding. The bill includes appropriation of 1.639 million other State funds to the Educational Labor Relations Boards {sic} (Board).
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 4151 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 34 Ayes, 24 Nays, none voting Present. House Bill 4151, having received the required constitutional majority, is declared passed. With leave of the Body, we'll turn to page 24 of the printed Calendar, on House Bill 13 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 3763. Senator Kotowski seeks leave of the Body to return House Bill 3763 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is House Bill 3763. Mr. Secretary, have there been any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by President Cullerton.
PRESIDING OFFICER: (SENATOR LINK) Senator Kotowski, on the amendment.
Yes, sir. Thank you, Mr. President. I'd like to adopt the amendment and explain it on 3rd Reading, please.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is -- all those in favor will say Aye. Opposed, Nay. The -- the Ayes have it, and the amendment is adopted. Are -- Mr. Secretary, are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Now on the Order of 3rd Reading is House Bill 3763. Mr. Secretary, please read the bill.
House Bill 3763. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) We will now turn over to Senator Manar for House Bill 3763. Mr. Secretary, read the bill, please. Senator Manar.
14 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 Thank you, Mr. President. I'd like to ask Senator Kotowski to explain the contents of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Kotowski.
Thank you very much, Senator Manar, and thank you for all your work you've done on this issue throughout the year. So here's what's significant about this bill and it's the -- provides the investment dollars for education. For general State aid, 4.632 is appropriated for general State aid in fiscal year '16. This is an increase of two hundred and six million GRF compared to fiscal year '15 appropriation. This is also an increase of five hundred million since fiscal year '13, five hundred million - something that has been very important to Members of our caucus. We value the investment in education significantly, as I know the other side has spoken about on occasion. So, general State aid supplemental lump sum: This also includes an additional general State aid lump sum appropriation of eighty-five million GRF. The lump sum will be used by ISBE to provide financial assistance to school districts that are not -- that are most disproportionately impacted when the foundation level is not fully funded. We talked about this at length; we'll be getting at that on the Floor. We are funding the mandated categoricals in this bill, especially special education, transportation, and Illinois free and reduced lunch. Early childhood education - this is a key component, something we've talked about within our caucus. It's a value we prioritize. We share that concern that the Governor's articulated, as well as share in the concern of investing in education. 314.2 million is appropriated for early childhood education. Combined 15 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 with an appropriation of four and half million for early childhood administrative costs, this is an increase of 25.3 million compared to the fiscal year '15 appropriation. For bilingual education, this provides six hundred -- 61.7 million GRF is appropriated for bilingual education in fiscal year '16. This is level funding with the fiscal year '15 appropriation. Assessments is 44.6 million. It's appropriated for student assessments. This is an increase of one million. The reason why the million increase is there, it's to allow ISBE to meet federal requirements for assessing students, as well as ensure that ISBE can offer districts the opportunity to administer the ACT. So there's several items throughout the -- this budget that are introduced. Again, just to reemphasize, it focuses on a strong investment in the close to two million forty-six thousand students in the State of Illinois, make sure they get the education they need. It provides the support necessary for suburban school districts to continue to flourish, as well as helping and providing the much-needed and necessary assistance for school districts that are disproportionately and negative impacted -- impact -- negatively impacted by the fact we're not fully funding schools at the foundation level they should be funded. So it addresses both of those fronts. More than happy to answer any questions, but I also know that I have -- Senator Manar here is going to provide an assist for anything that I may need as well.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Senator Murphy, for what purpose do you rise?
Question of the sponsors, Mr. President. 16 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015
PRESIDING OFFICER: (SENATOR LINK) They indicate they will yield.
I -- I -- you know, I know Hillary Clinton's campaign has not yet kicked off, but this "it takes a village to pass a spending bill" approach you guys are taking, right on theme. Beautifully done. I don't think I've ever seen this before, where, you know, we tag team the single budget bill. But this is good. This is good. The -- this investment you propose to make in K through 12 is not as large as the investment Governor Rauner proposed to make in K through 12, is it?
PRESIDING OFFICER: (SENATOR LINK) Senator Kotowski.
No.
PRESIDING OFFICER: (SENATOR LINK) Senator Murphy.
We had a conversation out here yesterday, Senator, about the process of what we're going to do with these bills and I had asked if you were going to put any procedural holds on bills to keep them from immediately going to the Governor. And you stated the legal options that your side has without ever actually answering what your intent was. Shortly after that, we found your intent was to put a procedural hold and hold on to the bills. Are you similarly going to put a procedural hold on this education bill to keep this from going to the Governor, since, as a House bill, it'll go straight to the Governor from here, assuming it passes?
PRESIDING OFFICER: (SENATOR LINK) 17 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 Senator Kotowski.
This has to go back to the House for concurrence. Just to be clear, Senator -- to be clear, Senator, yesterday I indicated that we have thirty days to certify and its -- it sounds, at this stage, that the step was taken right now to put a hold on it, for now. But there's -- as you know, as I -- I was very clear yesterday, there's thirty days to certify on the bills that are passed before they can go to the Governor's desk. So I -- I was very clear on that yesterday - very transparent, very clear.
PRESIDING OFFICER: (SENATOR LINK) Senator Murphy.
Well, you were clear in stating the -- the law, which, of course, everybody in the room knew when you said it. The question though is, is -- are -- is there a plan collectively, because I - - I think it was acknowledged that you negotiated this bill and the rest of the budget with Speaker Madigan and his team. Have you guys determined together that you're going to procedurally hold these bills or are you going to send them to the Governor?
PRESIDING OFFICER: (SENATOR LINK) Senator Kotowski.
I just heard from a -- a voice from above. I don't know.
PRESIDING OFFICER: (SENATOR LINK) Senator Murphy.
Well, you knew yesterday when you -- when you did -- put the procedural hold on the ones that passed yesterday. So, if you 18 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 knew yesterday, why don't you know today whether you're going to give the Governor the budget?
PRESIDING OFFICER: (SENATOR LINK) Senator Kotowski.
Senator, I was very clear yesterday. I indicated what the possibilities were. At that juncture, I did not know. There's someone here, who's the Senate President, who put a procedural hold on the bills. And I indicate at this moment that we don't know what's going to happen with this legislation. But, when you asked me the direct question, I was very clear with you; I indicated there's thirty days and -- you know, in terms of certification. Looks like a -- a procedural action was taken. I'm aware of it, as you are aware of it right now. And we'll have to see what's going to happen from there.
PRESIDING OFFICER: (SENATOR LINK) Senator Murphy.
Dana -- Dana Carvey as Bush 41 has nothing on you - thousand points of light, stay the course. Senator Cullermanorowski, I'm going to ask you one last time. Is it your intention to send this bill and the rest of the budget to the Governor or are we going to hold these for thirty days, as you have indicated once or twice you have the right to do?
PRESIDING OFFICER: (SENATOR LINK) Senator Kotowski, to answer it for the last time.
I don't believe my name was used. There was a hybrid. I'm responding to something that Senator Murphyweis said. Booyah! 19 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 So, sir, my name's Senator Kotowski. Proud of my name. I just explained to you yesterday, very clearly, we have thirty days procedurally to certify the vote. This is enjoyable, not really, but I've answered your question several times and we're just basically going to proceed and see where we're going on this.
PRESIDING OFFICER: (SENATOR LINK) Senator Murphy, on a different question.
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) To the bill.
You know, this -- this is -- I -- I do find it interesting that there was a conscious choice made. I firmly believe that from everything I've ever heard of the Senate Democratic Caucus that there was a commitment to - if I can use the word invest - invest in education at at least the level that Governor Rauner would have wanted to invest in education at. The fact that you're below where I know in your hearts you really wanted to be is a clear indication that Speaker Madigan had a -- a substantial impact on the negotiation of this bill, which, again, I don't know why you let him dictate in that regard, but it appears that that was done. More broadly, more broadly, I think the issue -- the issue we have here is, as -- you know, as Senator Barickman pointed out very eloquently, you're talking about investing money in a program, a cause - education - and you don't have the money. I mean, this is another example. This is a huge, huge piece of the over- promised budget that you guys have put forth. This is -- you know, you've got these school districts working under the assumption 20 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 that they're going to get paid based on the amount of money in this budget, when, in reality, everyone here knows that they aren't and they can't because the money's not there - the money's not there. It is -- it's not -- it's not public service to overpromise and under-deliver. That's not public service. That's not -- that's not stepping up. That's letting down. This is another piece of your budget that lets Illinoisans down because it doesn't balance. And I encourage a No vote.
PRESIDING OFFICER: (SENATOR LINK) Senator Rose, for what purpose do you rise?
To the bill, if I may.
PRESIDING OFFICER: (SENATOR LINK) To the bill.
I appreciated the candor a moment ago that you've answered some of our questions. And I appreciated the candor earlier this morning that the three to four billion dollars that is needed to balance this has not appeared in the last forty-eight hours. You know, I got to hand it to you guys - this really does appear, at some level, reasonable. I mean, for the first time in years, it appears, in this bill, that prorations are going to go up. Okay, we lifted from eighty-seven percent, which is where they'd hovered under complete Democratic control, to ninety-two percent for most districts and in some cases maybe more. It's all so very reasonable until you realize there's no money to pay for it. And so, again, I rise, and probably for the last time, which will make you happy, Senator Kotowski, but the reality is, there is no money to pay for this. You can't extend thirty-six billion dollars' 21 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 worth of promises with only thirty-two billion dollars in revenue. And, sure, if you had an -- a spare three to four billion dollars that magically appears, you can do some of the things that you talk about here - but you don't, so you can't. And before anybody that listen to this back home in their school districts thinks they're going to get prorated at ninety-two percent or ninety-four percent or ninety-five percent, or whatever it is, with the formulaic changes that you make, just got to remember it's -- it's fairy dust, it's magic. I urge a No vote.
PRESIDING OFFICER: (SENATOR LINK) Senator Manar, to close.
Thank you, Mr. President. Appreciate the debate that we had in committee with our colleagues from the other side of the aisle. Appreciate Senator Kotowski and Senator Steans' work on this issue over the last several weeks. I want to point a couple of things out to close out this debate. We talked about this in committee extensively, comparing what's in this appropriation bill versus what the Governor introduced. And I want to be very, very clear about this point. The Governor's budget, as he introduced it in February, does not accomplish what he says it accomplishes. The Governor's budget increased spending for general State aid. And since that time, since he introduced that budget in the House and the Senate, he's gone around the State and he has said that he wants to focus resources in school districts that need those resources the most, arguably those that have the highest rates of poverty and the highest rates of taxes at the same time. Governor's budget doesn't do that. It actually does the opposite. So the previous speaker says it's not public service to overpromise 22 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 and under-deliver. I would agree with that. But the Governor's budget, when he introduced it in February, did just that. Matter of fact, it was worse. He says it would fix the problem, but in reality, it made the current situation we have in our State - which is arguably the worst in the country - even worse than it is today. This bill balances those things. This bill takes our system away from a path of greater inequity and in a very small but meaningful way puts it on a different path of greater equity between the many school districts in our State that have many needs ahead of them. This is not a complete fix, but it is meaningful in terms of where it will get us over time. I simply urge an Aye vote, Mr. President. Thank you.
PRESIDING OFFICER: (SENATOR LINK) The question is, shall House Bill 3763 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 34 Ayes, 20 Nays, 4 voting Present. House Bill 3763, having received the required constitutional majority, is declared passed. We will now go to Supplemental Calendar No. 1. Senate Bill 51. These are all motions to concur. Senate Bill 51. Mr. Secretary, read the motion, please.
I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 51. Signed by President Cullerton.
PRESIDING OFFICER: (SENATOR LINK) There is a letter on file switching over to Senator Steans. Senator Steans -- allowing Senator Steans to present. Senator 23 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 Steans, on Senate Bill 51.
Thank you, Mr. President, Members of the Senate. This is the first of the budget implementation, or BIMP, bills. Senate Bill 51, as amended in the House, makes transfers to the Professional Services Fund, Workers' Compensation Revolving Fund, Secretary of State Identification Security and Theft Prevention Fund, and Presidential Library and Museum Operating Fund. It also puts -- creates the Grant Accountability and Transparency Fund for use by GOMB's grant accountability system. This is language at their request. Sets at ten percent the share of the personal income taxes and 16.5 percent the share of corporate income taxes deposited in the Income Tax Refund, also at the Governor's recommended level. It allows intermediate service centers in Cook County to be funded through the same line as the Regional Offices of Education. This is -- they serve -- as the ROE for Cook County. It expands the YouthBuild program to the Criminal Justice Information Authority. It extends the current sunset of the Renewable Energy, Energy Efficiency, and Coal Resource {sic} (Resources) Development Law for another five years. It creates the Coal Mining Land Conservation and Reclamation Fund under the State Finance Act and within DNR to administer the Surface Coal Mining Land Conservation (and Reclamation) Act. And finally, it allows the State Attorney Appellate Prosecutor -- Prosecutor to use interline transfer authority of four percent. That's above the general two percent that they have. They thought they needed the additional flexibility given the decrease in their budget. I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) 24 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 Is there any discussion? Senator Murphy, for what purpose do you rise?
Question of the sponsor, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) She indicates she will yield.
Thank you. Senator, in the Renewable Energy, Energy Efficiency, and Coal Resources Development Law, I think you had indicated that gets extended for five more years. Is that correct?
PRESIDING OFFICER: (SENATOR LINK) Senator Steans.
Correct.
PRESIDING OFFICER: (SENATOR LINK) Senator Murphy.
It's my understanding that there are various monthly fees on people's electric and natural gas bills as part of that. So will this bill extend fees that were put on natural gas and electric bills for our constituents for five more years?
PRESIDING OFFICER: (SENATOR LINK) Senator Steans.
This just extends the sunset on this fund {sic}. That didn't change that. Those fees are still in place. This bill is not impacting that though.
PRESIDING OFFICER: (SENATOR LINK) Senator Murphy. 25 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015
Well, if we extend the bills within -- the laws within in which those bills -- those fees are created, how is it that we're not extending the fees?
PRESIDING OFFICER: (SENATOR LINK) Senator Steans.
We had already extended those fees, I think, in a different -- on an underlying bill, is my understanding, but, you know -- so those fees are going to also continue on. My understanding is, too, that we had been wanting to make sure that the fees are continued to be used for their intended purposes here, so we're continuing these funds as well and making sure that they extend as well.
PRESIDING OFFICER: (SENATOR LINK) Senator Murphy.
To -- to the bill. I -- I -- I appreciate that that is -- that that's your thought process on it. Ours is different. We're getting a different take on our analysis; that this bill expressly continues oil and natural -- or, excuse me, electric and natural gas fees on our constituents' bills for five more years. I don't believe that's a widely known fact of that being in this bill. That is our interpretation of this bill. If charging your constituents an additional fee for natural gas and electric bills for five more years is a concern to you, I'd encourage you to vote No on this bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Koehler, for what purpose do you rise? 26 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015
Thank you, Mr. President. Just want to remind people that this is -- this portion of the bill is identical to Senate Bill 51, which we did pass out of the Senate 57 to 0. This is very important for our energy future and for the different ways in which we produce energy in this State.
PRESIDING OFFICER: (SENATOR LINK) Senator Kotowski, for what purpose do you rise?
To the bill.
PRESIDING OFFICER: (SENATOR LINK) To the bill.
Just a note, a reminder to my colleagues on the other side of the aisle: A provision in this bill provides for dollars for the Grant Accountability and Transparency Act implementation which impacts about 46.8 billion dollars in the State budget. That was a law that was passed. It was a bipartisan law; we worked on it together. The Office of Management and Budget has asked for these funds to best implement this law. This will allow for greater accountability and transparency. It's an excellent, good government provision. Please be mindful of that as you consider your vote because it allows for the effective implementation of the Grant Accountability and Transparency Act. Thank you.
PRESIDING OFFICER: (SENATOR LINK) Senator Bivins, for what purpose do you rise?
Thank you, Mr. President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR LINK) 27 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 Indicates she will yield.
Thank you. Senator, I was looking at my analysis here and could you address the YouthBuild program? It -- it -- it's showing that there's 12.5 million dollars. Is that not correct or is that correct?
PRESIDING OFFICER: (SENATOR LINK) Senator Steans.
No. That 12.5 million -- this is not an appropriation bill; this is substantive language. The 12.5 was appropriated in a different bill. This allows -- in the ICJIA budget, when we passed that budget. This -- it originally had been established under DHS. This is just allowing ICJIA to implement a grant program through that program, in addition to DHS.
PRESIDING OFFICER: (SENATOR LINK) Senator Bivins.
Thank you. So -- so what is the appropriation to the YouthBuild program?
PRESIDING OFFICER: (SENATOR LINK) Senator Steans.
It is 12.5. It's just not in this bill. It is 12.5 million… I -- would you like an explanation of what the program does? I'm happy to give you that as well, if that's what you're seeking. So that -- so the YouthBuild program is a training program for low- income youth ages sixteen to twenty-four. The youth need to be getting high school diplomas and/or GEDs and they get training on 28 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 construction jobs in particular. They have sites around the State. This program, by the way, began in Harlem as the Youth Action Program back in 1978 and then the federal government authorized it nationally. It was signed into law, actually, under President Bush, and in 2006 -- originally the program was administered by the Department of Housing and Urban Development. In 2006, it was switched to the Department of Labor, which now it continues to reside. Illinois has one of the most -- the largest number of YouthBuild programs in the country. They can receive federal as well as state and private dollars. This will now enable them to get a grant for State dollars for summer youth employment programs through this well-established program.
PRESIDING OFFICER: (SENATOR LINK) Senator Bivins.
Thank you, Mr. President. I just -- I get a little nervous about this because we went through this with the NRI program with the Criminal Justice (Information) Authority and the money that kept -- seemed to -- floating around, and I just want to make sure that, you know, this -- this money is doing what it's supposed to and it's not going to programs that are not functioning. So, thank you.
PRESIDING OFFICER: (SENATOR LINK) Is there any further discussion? Seeing none, Senator Steans, to close.
Yes, thank you, and I appreciate that concern. I think that this was designed to address those kind of concerns, particularly through the YouthBuild program. It's a really well-established 29 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 program that's been operating for numerous years and I think with good outcomes. I would urge an Aye vote. Thanks.
PRESIDING OFFICER: (SENATOR LINK) The question is, shall the Senate concur with House Amendments 1 and 2 to Senate Bill 51. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 35 Ayes, 22 Nays, none voting Present. Having received the required constitutional majority, the Senate does concur with the House Amendments 1 and 2 to Senate Bill 51. The bill is declared passed. On Supplemental Calendar 1 is Senate Bill 274. Senator Steans. Mr. Secretary, please read the motions {sic}.
I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 274. Signed by President Cullerton.
PRESIDING OFFICER: (SENATOR LINK) Senator Steans, on the motions {sic}.
Yes, thank you, Mr. President, Members of the Senate. This is another budget implementation bill. It collapses the Illinois veteran home funds into one fund, providing some more flexibility for the Department of Veteran {sic} (Veterans') Affairs to manage capital improvements and rehabilitation and repairs to the homes. It allows short-term cash transfers into the Tobacco Settlement Relief Fund. We've been doing this for years because those dollars come in later in the year. It codifies who can receive child care assistance from DHS to -- kids thirteen years old or under, or 30 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 nineteen years old if they're wards of the State. And it codifies an enhanced rate under the Community Care Program to those in-home service providers that offer health insurance. These are currently the rates; it's just putting this into statute. I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall the Senate concur on House Amendments 1 and 2 to Senate Bill 274. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 38 Ayes, 19 Nays, 1 voting Present. Senate -- having received the required constitutional majority, the Senate concurs with House Amendments 1 and 2 to Senate Bill 274. The bill is declared passed. Now on Supplemental Calendar No. 1 is Senate Bill 842. Senator Kotowski. Mr. Secretary, please read the motions {sic}.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 842. Signed by President Cullerton.
PRESIDING OFFICER: (SENATOR LINK) Senator Kotowski, on your motion.
Thank you, Mr. President. House Amendment No. 1 becomes the bill. It's a budget implementation bill for fiscal year '16 that deals with pension issues. Senate Bill 842 and amendment focuses on the following: Extends through 2016 the existing practice that all GRF contributions to SERS be made through an appropriation to the State Employee {sic} (Employees') Retirement System rather 31 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 than through appropriations to individual agencies. It's a common practice; we've been doing this for the last several years. It's a standard practice, I should say. Requires that the Comptroller divert State funds from the employer of each local pension fund of downstate police and fire, IMRF, Cook County, Cook County Forest Preserve, Chicago Park District, and the Metropolitan Water Reclamation District if the employer does not make the full statutorily required contribution beginning in fiscal year '16. And removes the Treasurer's intermediary role in managing IMRF funds and allows the funds to be deposited directly into the IMRF investment account. Some of these questions were raised in committee about this. The reason why this language is -- Mr. President. Like to get this out here so we don't have to explain it again on the Floor, which would be a better use of everyone's time. In 2011, we gave this ability to police and fire pension funds, Chicago and downstate, to -- and beginning in fiscal year '16. So we gave it to 'em in '11 and it took effect in 2016. In 2014, this requirement was established for the Chicago municipal and laborers' pension funds. The Comptroller has stated that these statutes are unenforceable as written. This language seeks to make these current provisions enforceable and apply to all the local pension funds. I know there were some concerns raised in committee about what some of the local governing bodies and units may say. One of the reasons why they probably didn't slip in opposition is because they've already moved forward on this and have supported it. Just that we need to clarify the language to make sure it's enforceable. More than happy to answer any questions.
PRESIDING OFFICER: (SENATOR LINK) 32 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 Is there any discussion? Seeing none, the question is, shall the Senate concur with House Amendment 1 to Senate Bill 842. 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 33 Ayes, 22 Nays, 2 voting Present. Having received the required constitutional majority, the Senate does concur on House Amendment 1 to Senate Bill 842. The bill is declared passed. Now on Supplemental Calendar No. 1 is Senate Bill 1354. Senator Steans. Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 1354. Signed by President Cullerton.
PRESIDING OFFICER: (SENATOR LINK) Senator Steans, on your motion.
Yes, thank you, Mr. President, Members of the Senate. This is the last of the BIMP bills. It extends IDOT's authority to pay Amtrak subsidies from the Road Fund. We've done this, I think, since fiscal year '12. It extends annual transfers from the Motor Fuel Tax Fund to the Vehicle Inspection Fund. It extends the ability for the State Police to spend from the Traffic and Criminal Conviction Surcharge Fund for any lawful State Police functions. It makes transfers from the Law Enforcement Camera Grant Fund to the Traffic and Criminal Conviction Surcharge Fund. And it begins a transfer into the State Crime Laboratory Fund to try to work down the backlog of fourteen thousand cases of rape kits, DNA tests, and other kinds of tests that need to get -- that are -- 33 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 right now that they're behind on getting to, and it also puts in place a requirement for quarterly reporting on how they're doing on addressing those backlogs. I would urge an Ave vote.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall the Senate concur with House Amendment 1 to Senate Bill 1354. 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 36 Ayes, 21 Nays, 1 voting Present. Having received the required constitutional majority, the Senate does concur with House Amendment 1 to Senate Bill 1354. The bill is declared passed. Leader Radogno, for what purpose do you rise?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR LINK) State your point.
Yes. Well, I recently had one of those moments you can't believe happens until it happens to you. I was trying to multitask and not doing it very well. I accidentally voted in favor of Senate Bill 274 and I wish to -- my intent to be recorded as No.
PRESIDING OFFICER: (SENATOR LINK) And we thought something special happened. The record shall reflect. With leave of the Body, we'll turn back to the regular Calendar on page 25, House Bill 4166. Senator Steans. Mr. Secretary, please read the bill.
House Bill 4166. 34 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Steans, on your bill.
Yes, this bill is the capital -- bill for the capital projects. It's an appropriation bill. It totals 17.1 billion for capital projects to the Architect of the Capitol, Department of Commerce and Economic Opportunity, the Department of Natural Resources, the Capital Development Board, Illinois State Board of Education, the IEPA, and the Illinois Department of Transportation. I'll note that in the Department of Transportation, it is including the 1.85 billion for costs associated with the fiscal year '16 multi-year program. Happy to answer any questions about some of the details in here, if anyone would like.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 4166 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 Ayes, 19 Nays, 2 voting Present. House Bill 4136 {sic}, having received the required constitutional majority, is declared passed. Will the Committee on Assignments please meet in the President's Anteroom immediately? The Committee on Assignments, please meet in the President's Anteroom immediately. Senator Luechtefeld, for what purpose do you rise?
Mr. President, if you could -- something really bad happened 35 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 to me. I just voted for a -- voted for a terrible bill that I did not mean to vote for. So if you would -- if you'd identify that I voted against the past -- the last bill, I would appreciate it.
PRESIDING OFFICER: (SENATOR LINK) I thought it was something catching on over there. The record shall reflect your intention. Mr. Secretary, Resolutions.
Senate Resolution 619, offered by Senator Rose and all Members. It's a death resolution, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) Resolution Consent Calendar. Senator Barickman, for what purpose do you rise?
A point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) State your point.
Mr. President, I just want to introduce some of my friends who are here in the gallery. Laura and Kelly Hamill are longtime friends of mine. They're here with their kids and some other friends checking out our State Capitol. I just wonder if everyone might join me in welcoming them.
PRESIDING OFFICER: (SENATOR LINK) Will our guests in the gallery please rise? And welcome to Springfield. Senator Althoff, for what purpose do you rise?
Mr. President, may I move to waive all notice and posting requirements so that House Bill 303 can be heard in Executive 36 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 Committee today?
PRESIDING OFFICER: (SENATOR LINK) Senator Althoff moves to waive all notices and posting requirements so that House Bill 303 can be heard in Executive today. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and all notices and posting requirements have been waived. Senator Martinez, for what purpose do you rise?
For purpose of personal privilege.
PRESIDING OFFICER: (SENATOR LINK) State your point.
I know, right? I move to waive all notice and posting requirements so that House Bill 3219 can be heard today in the Senate Licensed Activities and Pension {sic} (Pensions) Committee.
PRESIDING OFFICER: (SENATOR LINK) Senator Martinez moves to waive all notices and posting requirements so that House Bill 3219 can be heard today in the Senate Licensed and Activities -- Licensed Activities and Pensions Committee. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and all notices and posting requirements are waived. Mr. Secretary, Committee Reports.
Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to Criminal Law Committee - Motion to Concur on House Amendment 1 and 2 to Senate Bill 1304; refer to Executive Committee - Motion to Concur on House Amendment 1 and 2 to Senate Bill 398, Motion to Concur on House Amendment 2 and 4 to Senate Bill 788, 37 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 Motion to Concur on House Amendment 1 to Senate Bill 1444; refer to Financial Institutions Committee - Motion to Concur on House Amendment 1 {sic} (1, 2 and 3) to Senate Bill 1440; refer to Higher Education Committee - Floor Amendment 2 to House Bill 3593, Motion to -- Motion to Concur on House Amendment 1 to Senate Bill 1818; refer to Judiciary Committee - Motion to Concur on House Amendment 1 to Senate Bill 1630, Motion to Concur on House Amendment 2 to Senate Bill 1833; refer to Licensed Activities and Pensions Committee - House Bill 3219, Floor Amendment 1 to House Bill 3484, Motion to Concur on House Amendment 1 to Senate Bill 1820, Motion to Concur on House Amendment 1 to Senate Bill 1827; refer to Public Health Committee - Motion to Concur on House Amendment 1 to Senate Bill 1228 and Motion to -- to Concur on House Amendment 2 to Senate Bill 1684; refer to Revenue Committee - Motion to Concur on House Amendment 1 to Senate Bill 368, Motion to Concur on House Amendment 1 to Senate Bill 936; refer to Revenue Subcommittee on Tax Credits - Senate Bill 2141; refer to State Government and Veterans Affairs Committee - Motion to Concur on House Amendment 2 to Senate Bill 1458; re-refer from Executive Subcommittee on Governmental Operations to Executive Committee - House Bill 303; Be Approved for Consideration - Floor Amendment 2 to House Bill 175, Floor Amendment 5 to House Bill 4006, Senate Resolution 611, Senate Joint Resolution 5, House Joint Resolution 38, House Joint Resolution 39, House Joint Resolution 40, and Floor Amendment 1 to Senate Joint Resolution 29. Pursuant to Senate Rule 3-8(b-1), the following amendments will remain in the Committee on Assignments: Floor Amendment 1 to House Bill 175 and Floor Amendment 1 to House Bill 3593. Signed, Senator James F. Clayborne, Chairman. 38 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015
PRESIDING OFFICER: (SENATOR LINK) Mr. Secretary, Messages from the House.
A Message from the House by Mr. Mapes, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 1441. Together with the following amendment which is attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment 1 to Senate Bill 1441. We have received like Messages on Senate Bill 1728, with House Amendment 1; Senate Bill 1846, with House Amendment 1; Senate Bill 1854, with House Amendments 2 and 3; Senate Bill 1859, with House Amendment 1. Passed the House, as amended, May 29th, 2015. Timothy D. Mapes, Clerk of the House. Message from the House by Mr. Mapes, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has refused to concur with the Senate in the adoption of their amendments to a bill of the following title, to wit: House Bill 417. Which amendments are as follows: Senate Amendments 1 and 2 to House Bill 417. We have received a like Message on House Bill 2583 {sic} (2483), with Senate Amendment 1, and House Bill 3143, with Senate Amendment 1. Non-concurred in by the House, May 29th, 2015. Timothy D. Mapes, Clerk of the House. 39 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015
PRESIDING OFFICER: (SENATOR LINK) Can I have everybody's attention for committee times and locations? Executive, today at 4:15 Room 212. Licensing and Activity {sic} (Licensed Activities) and Pensions, today at 4:15, Room 400. State Government and Veterans Affairs, today at 4:15, Room 409. Financial Institutions, today at 4:45 in Room 409. Revenue, today at 5:30 in Room 212. Public Health, today at 5:45 Room 400. Commerce and Economic Development, today at 6 p.m. Local Government, today at 6:15, Room 212. Criminal Law, today at 6:15, Room 400. With leave of the Body, we'll go to page 25 of the printed Calendar, House Bill 229. President Cullerton. President Cullerton. Mr. Secretary, please read the bill.
House Bill 229. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. House -- with leave of the Body, we'll go to page 22 of the printed Calendar, House Bill 3237. Senator Muñoz. Senator Muñoz seeks leave of the Body to return House Bill 3237 to the Order of 2nd Reading. Leave is granted. Now on the Order of 2nd Reading is House Bill 3237. Mr. Secretary, have there been any amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Muñoz.
PRESIDING OFFICER: (SENATOR LINK) Senator Muñoz, on your amendment. SENATOR MUÑOZ: 40 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 I ask for its adoption and I will explain it on 3rd Reading, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, all those in favor will vote -- say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Now on the Order of 3rd Reading is House Bill 3237. Mr. Secretary, please read the bill.
House Bill 3237. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Muñoz, on your bill. SENATOR MUÑOZ: Thank you, Mr. President, Ladies and Gentlemen of the Senate. The -- the bill makes various changes to the Liquor Control (Act) on limited various prohibitions on happy hour; eliminates prohibitions on the sale of alcohol on Sundays in Chicago; allows liquor licenses to be granted by the local liquor commissioner if the local ordinance allows for the exemption to the hundred feet rule; provide that hotels only need to obtain a State liquor license to serve alcohol in different locations within -- adjacent to the hotel; provides standards for the preparation and storage of flavored alcohol, known as infusions, which are prepared by the 41 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 retail licensee; require all alcohol servers to complete basic responsible alcohol service training; and prohibits the Liquor Control Commission from enforcing rules which -- not be adopted through the administrative rule process. I know -- I know of no opposition to the bill currently as it is right now. We might have one more change on a trailer bill that will be coming from the House to make a clarification on the hundred foot -- hundred feet rule. I will attempt to answer any questions.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall House Bill 3237 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 46 Ayes, 2 Nays, none voting Present. House Bill 3237, having received the required constitutional majority, is declared passed. House Bill 3497. Mr. Secretary, please read the bill.
House Bill 3497. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Muñoz, on your bill. SENATOR MUÑOZ: Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is an initiative of the Capital Development Board. The Senate Floor -- the amendments that were changed were to try to make all parties that were involved to become no opposition to the bill. Over the last ten years, we have given the Capital Development 42 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 Board the opportunity to experiment with the use of single prime contracting rather than multiple prime contracting. They've discovered they were able to significantly reduce legal claims, change orders, thus saving the State money. On the single prime, we are meeting the goals of the Business Enterprise Program, which we do not as well as -- under multiple prime approach. It's done in forty-eight other states and the federal government, as well as the City of Chicago. Most companies use the single form primary -- prime as their primary construction delivery method. CDB continues to retain the authority to use multiple prime but they would also have expanded the opportunity to do single prime contracting. The opportunity would last for four years. And as well, as I mentioned, there was a bunch of opposition initially to the bill. The last five weeks, with the help of Senator Napoleon Harris, Senator McConnaughay - I'd like to thank them - they were very helpful in making the bill work for all parties that were -- had some concerns on the bill. So I just want to say thank you to them and to our staff on both sides of the aisle. They did a tremendous job helping us as well. And the Governor's Office was even helping in the end for negotiation purposes as well. I will attempt to answer any questions.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Senator McConnaughay, for what purpose do you rise? SENATOR McCONNAUGHAY: To the bill.
PRESIDING OFFICER: (SENATOR LINK) To the bill. SENATOR McCONNAUGHAY: 43 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 Thank you, Mr. President. I wanted to thank Senator Muñoz for working with us on this bill. This started out a little complicated. The desire of this bill that we were working towards was to find -- to change the way we administer construction projects at CDB to allow greater participation by minority contractors. There is still, in -- in today's day and age, there's still a large number of small minority- and female-owned contractors who just never get a chance to get up to bat. Through lots of negotiation, and with Senator Harris as well, we were able to come up with a solution that continues to allow CDB to move the projects forward as effectively and efficiently and, certainly, cost efficiently as possible, but, at the same time, create a new opportunity so minority participation can be on the rise so that we can have more minority participation than we've been able to achieve in the past. I encourage a Yes vote. Thank you.
PRESIDING OFFICER: (SENATOR LINK) Jason Wambsgans, Chicago Tribune, seeks permission for still photos. Seeing no objection, permission granted. Senator Harris, for what purpose do you rise?
To the bill.
PRESIDING OFFICER: (SENATOR LINK) To the bill.
I would like to thank Senator Muñoz for taking the time to negotiate this bill, along with Senator McConnaughay. It was -- definitely started off tenseful {sic}, but, as you say, the -- the straw that stirs the drink did a great job in negotiating and bring all parties together to have a -- to make a better bill. And I 44 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 request an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) Senator Muñoz, to close. SENATOR MUÑOZ: I just ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) The question is, shall House Bill 3497 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. House Bill 3497, having received the required constitutional majority, is declared passed. We will now go back to page 18, House Bill 175. Senator Duffy. Mr. Secretary, please read the -- Senator Duffy seeks leave of the Body to return House Bill 175 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 175. Mr. Secretary, have there been any Floor amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Duffy.
PRESIDING OFFICER: (SENATOR LINK) Senator Duffy, on your amendment.
Thank you, Mr. President. I'd like to adopt the amendment and discuss it on 3rd.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Mr. Secretary, are there any further Floor amendments 45 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Now on the Order of 3rd Reading is House Bill 175. Mr. Secretary, please read the bill.
House Bill 175. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Duffy, on your bill.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is a true bipartisan bill that's supported by the AG's Office and Lisa Madigan. The House voted with all affirmative votes on this bill. The bill would allow people to report possible violations of Open Meetings Act within sixty days of discovery rather than sixty days from the meeting in question. I'd like to thank Chairman Harmon for all of his hard work on clarifying some of the language in this bill. And I'd also like to thank President -- President Cullerton for his assistance on moving this bill along. I'd appreciate the Aye votes.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Senator Harmon, for what purpose do you rise?
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR LINK) 46 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 To the bill.
I just wanted to thank the sponsor for his willingness to amend the bill to address the concerns we raised in committee. I appreciate that it is now clearly prospective only. And I would tell you to -- you -- you should be able to vote Aye for the bill. Thank you.
PRESIDING OFFICER: (SENATOR LINK) Is there any further discussion? Senator Duffy, to close. The question is, shall House Bill 175 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 Ayes, no Nays, none voting Present. House Bill 175, having received the required constitutional majority, is declared passed. Senator McCarter, for what purpose do you rise? SENATOR McCARTER: I -- I just -- I'm sorry I didn't stand up to speak earlier. I would have joined in hazing on Senator Duffy's first and only bill.
PRESIDING OFFICER: (SENATOR LINK) Record will reflect your intentions. House Bill 217. Senator Biss. Mr. Secretary, please read the bill.
House Bill 217. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Biss, on your bill. 47 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015
Thank you, Mr. President, Members of the Senate. House Bill 217 creates the Youth Mental Health Protection Act, addressing so- called conversion therapy, which really should be called something else. It's not a therapy. It's a discredited practice wherein people make an effort to change the sexual orientation of individuals. This is something that used to happen all the time in the unfortunate days when homosexuality was viewed as a disease. Nowadays, we know that it's not and we also know that this practice doesn't work, which is why so many mental health organizations are strongly in support of this bill. Here's what it does: It affects minors only and it affects licensed professionals only, and what it says is, simply, that licensed professionals may not engage in this practice with minors. It doesn't ban therapy. It doesn't address adults. It doesn't address religious or non-licensed professionals. It simply says that licensed professionals can't engage in this practice with minors, and the reason is that the overwhelming consensus of the professions is this is not legitimate therapy; it's actually abuse. And the truth of the matter is that not everyone survives it. We had in committee yesterday one brave person who did survive it and he said something that really, really stuck with me. He said, "As I underwent this therapy" - which he underwent because he and his parents were confused and didn't realize that the person they were seeing was engaging in a practice that was not based in science - "as I underwent this, I began to feel myself disappear." It's dangerous. It's often coercive when done with minors. This bill is supported, as I said, by psychologists, psychiatrists, mental health professionals, social workers, therapists. I respectfully request your Aye votes and 48 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 I'm certainly happy to take any questions.
PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Senator McCarter, for what purpose do you rise? SENATOR McCARTER: To the bill.
PRESIDING OFFICER: (SENATOR LINK) To the bill. SENATOR McCARTER: Ladies and Gentlemen, this is -- it -- this is an interesting bill, and in fact, it's structured like very few others. One, it's -- it's got a, about, seven-page preamble on a nine-page bill with facts that could be -- or studies that could be disputed by others. But the problem is that it assumes that you are one way or the other. It doesn't talk about -- it doesn't deal with what might be simply thoughts, attractions. Anyone, whether small or large, could have had those. So -- so the question is, where are we -- or where is this -- you know, the person in question here, where's anyone on this, and do we assume that they're at one place on the spectrum of identity? I don't think we know that. One of the problems is it goes only one way. It makes it clear that you can't be counseled out of, but you can be counseled into, and I think that's one -- that was made clear in the -- bill. So the - - one of the biggest problems, however, is choice. You know, if -- if, on line 22, it said, "Prohibition on conversion therapy. Under no circumstances shall a health provider provide an abortion, with or without consent, on a woman under the age of eighteen", there would be outrage. We would disagree, but there would be outrage. That choice is not being provided. But in this bill, we 49 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 say that you don't have a choice. You don't. It's one way or the other. And so there -- there is -- there's probably a way to come to the -- together to keep from happening what happened with that young man that you referred to. 'Cause I listened. I wasn't in the committee, but I listened. And the way he was treated was not appropriate and I think there's others that testified against this bill that agree that that was not the way anyone should be treated. But this doesn't come to a compromise that makes it clear that a young person will still have a choice. And for that reason, I ask for a Present or No vote. Thank you.
PRESIDING OFFICER: (SENATOR LINK) Senator Bivins, for what purpose do you rise?
Thank you, Mr. President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR LINK) Indicates he will yield.
Thank you, Mr. President. Senator, I wasn't in committee and I didn't have an opportunity to -- to hear the young man. Was he from Illinois?
PRESIDING OFFICER: (SENATOR LINK) Senator Biss.
Yes. He was from Benton. He didn't realize Illinois went as far north as Springfield, but -- but, yes, he is.
PRESIDING OFFICER: (SENATOR LINK) Senator Bivins.
Did -- did this conversion therapy occur in Illinois? 50 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015
PRESIDING OFFICER: (SENATOR LINK) Senator Biss.
Yes.
PRESIDING OFFICER: (SENATOR LINK) Senator Bivins.
Senator, do we know how many people offer this -- this type of therapy?
PRESIDING OFFICER: (SENATOR LINK) Senator Biss.
No.
PRESIDING OFFICER: (SENATOR LINK) Senator Bivins.
So, under this legislation, if a minor decides that they want to have this type of therapy, that they're desiring this, under your legislation, they cannot have it. Is that correct?
PRESIDING OFFICER: (SENATOR LINK) Senator Biss.
Yes.
PRESIDING OFFICER: (SENATOR LINK) Senator Bivins.
And why not?
PRESIDING OFFICER: (SENATOR LINK) Senator Biss. 51 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015
The -- the most important point is that the overwhelming evidence is that it is harmful, that it is damaging, that the people who come out of it are harmed for it, and, as I said in my introductory remarks, not everyone does survive. But, let me say something specific about -- you might ask, "Hey, Daniel, if that's the case, why does this only apply to minors?" And the answer there is very important; that consent is very different when it comes to a minor - very, very different. The ability to make informed consent is different and the reality of what happens here is very often what happened exactly with the young man we met in committee. He didn't -- he wasn't forced into this; it was a legal option out there by a therapist in the community. And so he and his parents didn't know any better. They weren't -- he wasn't in a position to make truly informed consent. And so this is really a -- a consumer protection matter in the event of minors who, in many cases, wind up in this therapy simply because they were confused, frightened - their parents may well have been confused, frightened, and uncomfortable - and they wound up in a situation that we now know is harmful.
PRESIDING OFFICER: (SENATOR LINK) Senator Bivins.
Thank you. So -- so we're in agreement that we don't want minors to be harmed in any way and have therapies or procedures that puts them in -- in jeopardy and can harm their physical or mental health. Now, would you agree with me that it's legal for a minor under the age of eighteen to have -- to terminate a pregnancy? 52 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015
PRESIDING OFFICER: (SENATOR LINK) Senator Biss.
Yes.
PRESIDING OFFICER: (SENATOR LINK) Senator Bivins.
And, Senator, would you agree with me that it's legal for a minor under the age of eighteen to receive prescription birth control pills?
PRESIDING OFFICER: (SENATOR LINK) Senator Biss.
Yes.
PRESIDING OFFICER: (SENATOR LINK) Senator Bivins.
So this is a choice that minors we've allowed by law to make this choice - either of those options I just described - which can be exceedingly harmful and even cause death. Terminating a pregnancy is a medical procedure, can cause great harm, certainly can cause emotional distress, and studies have shown that the suicide rate is two to four times higher than the average of the rest of the country. There's a recent study with prescription birth control pills that show that they can cause blood clots, which, the last time I checked, can cause death. So, if we have given the opportunity -- afforded the opportunity legally for those things, why would we not allow a child, given they know the risks going into a therapy, the same choice? 53 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015
PRESIDING OFFICER: (SENATOR LINK) Senator Biss.
Senator, we as a people make determinations about each individual medical practice. I am gathering from the tone of your comments that your view is that the decision we've made as a society regarding prescription birth control and regarding the termination of a pregnancy is a bad decision, an unsafe decision, an unfair decision. I understand that you view -- have that view. Some people in this Chamber share that view, others don't. If you want to introduce legislation on that topic and then bring it to this Chamber and make a scientific argument based upon the -- the studies that you just referenced, you're certainly welcome to do it. I will tell you that based on my reading of the science, I would probably come to a different conclusion than you. But what we're here to debate today is this practice of sexual orientation change efforts that the science is, I think, pretty clear on, and I would ask those who agree with my view and the overwhelming view of the practitioners that homosexuality is not a disease but a state of life and, therefore, that it cannot be cured and, therefore, that efforts to cure it can be very harmful. I think someone who shares those views should vote Yes on this bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Bivins.
…bill -- to the bill, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) To the bill.
54 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 Thank you, Mr. President. And thank you, Senator, for your -- for answering those questions. What I pointed out -- despite my views, I was pointing out legalities; that those things are legal. We allow by law someone who is a minor the choice to engage in practices that are potentially harmful and can cause death. I've read the bill. It doesn't say anything about causing death. It calls -- talks about emotional distress and these types of things. But, certainly, why wouldn't we not allow a minor the choice for their mental health care in therapies that they want to choose if we're going to allow them other procedures that could cause their very own death? If you are for parental rights, I would vote No on this bill. If you are for individual rights, I would vote No on this bill. Certainly, if you are for choice, I would vote No on this bill. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) Senator Oberweis, for what purpose do you rise?
Question of the sponsor.
PRESIDING OFFICER: (SENATOR LINK) Indicates he will yield.
Senator, just so I'm sure that I understand, if a -- a teenager, for example, is - who has considered him- or herself to be straight - having some questions and maybe not sure, or is attracted perhaps to someone of the same sex, then it's okay for him to have counseling or a psychologist, or whatever, to work through his emotional questions and challenges and be encouraged that it's okay to be gay. Is that correct?
PRESIDING OFFICER: (SENATOR LINK) 55 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 Senator Biss.
A parliamentary inquiry, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) Yes.
May I answer what I believe to be the whole implied line of questioning here or do I have to answer the narrow question that was just asked?
PRESIDING OFFICER: (SENATOR LINK) It's up to the sponsor of the bill.
Okay. Let me give you a -- a broad answer, and then if that's not good enough, we'll go back. Point number one - and this is also responsive to a comment made earlier by a different speaker - this bill is completely neutral about which sexual orientation is preferred or better. This bill does not say, as was suggested earlier, that counseling people into homosexuality is good and counseling them out is -- is unacceptable. On the contrary, it says very clearly that sexual orientation change efforts "means any practices or treatments that seek to change an individual's sexual orientation" - one way or any other. And what you described of counseling, talking through difficulties and challenges and helping the person accept themselves for who they are, is absolutely acceptable for any young person seeking therapy whether they are gay or straight or confused or one way or the other and that will, and should, remain the case under this bill if it were to become law. That's why the various licensed professions unanimously support the bill. Otherwise, we'd be banning them 56 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 from doing their job and putting them out of business. There are other states where this has become law - for example, in New Jersey where it was championed by a Republican Governor - and the sky has not fallen, the professions have not ceased, young people still seek therapy. Young people who may be feeling confusing feelings and need to talk it out and then find out that they are straight after all still seek that appropriate, sensible, important therapy and get it. And there's nothing in this bill or in the background to this bill that privileges one direction or the other in any way nor should there be.
PRESIDING OFFICER: (SENATOR LINK) Senator Oberweis.
So I understand what you just said, I -- I believe you said - and correct me if I'm wrong - that if somebody has considered themselves to be gay but maybe is having some questions about that now, then it's okay for a psychologist to help them convert, switch, return to being straight. Is that what you're saying?
PRESIDING OFFICER: (SENATOR LINK) Senator Biss.
It is okay in that situation for the person providing therapy to help the person talk through their questions, concerns, feelings, histories past, and find a way to becoming their true self. And that true self may well be straight, may well be gay. That's what the practice of therapy is.
PRESIDING OFFICER: (SENATOR LINK) Senator Oberweis.
57 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 So I believe you said the answer then is it is okay for a psychologist to talk to someone who has been or who has considered themselves to be gay, to walk them through the whole process, to counsel them, to help them convert back to being heterosexual. Is that -- that -- I believe that's what you said. In any event, let me just say that probably the biggest thing that bothers me is, once again, we're kind of taking the position that we know better; parents should not be allowed to make those kinds of decisions for their children; the fifty-nine of us here sitting in this room today are smarter, are more experienced, are more knowledgeable than all those dumb parents out there and we need to make this decision to prevent them from making that type of a decision for their child. I urge a No vote.
PRESIDING OFFICER: (SENATOR LINK) Senator Murphy, for what purpose do you rise?
To -- to the bill, Mr. President. I…
PRESIDING OFFICER: (SENATOR LINK) To the bill.
I appreciate the sponsor's intentions and concern for -- for children, you know, but we've got a regulatory structure and process in place. And it just seems like we selectively from time to time decide when we're going to tell professionals how to do their job, because somehow we from Springfield are doing ours so darn well that, you know, we have the -- we have -- we have the standing to tell them how to do theirs. And I think this is another example of this. I mean, if you set aside for a second the emotion of the underlying issue of what we're talking about 58 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 and the wedge that sometimes is -- appears to attempt to be driven on these issues and you just take a step back and say, "We have licensed therapists in this State, and when we give 'em a license, we're saying that we trust them to practice their craft in our State, and we're going to let them go do that." And we assume that they have their clients' or their patients' best -- best interests at heart when they take them on as a patient or a client. This to me is an unnecessary intrusion into the relationship between therapist and patient and, as some of my colleagues have mentioned frankly, between parent and -- and child. We don't need to be in the middle of this. This feels a little preachy to me. This -- this feels like -- a little holier than thou, to be candid. And maybe this is an area where we could stand to take a step back, have a little collective humility, and say, "You know what? Let's let the professionals handle this. We'll take care of some other things", because we certainly have a lot on our plate at this time. So, given that, I -- I -- I think we ought to vote with a little humility here, vote this thing down, and let the professionals take care of it. Thank you.
PRESIDING OFFICER: (SENATOR LINK) Senator Koehler, for what purpose do you rise?
Thank you, Mr. President. Will the sponsor yield for question?
PRESIDING OFFICER: (SENATOR LINK) He indicates he will.
Senator Biss, so this bill has gotten some attention around the State and probably beyond. Are there any professional clinical 59 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 groups, counselors, professional psychologists that have opposed this bill or are all of them in support of it?
PRESIDING OFFICER: (SENATOR LINK) Senator Biss.
Every mainstream professional association that I know about is in support of this bill. I have here a letter and I'll just read a few of the organizations whose heads have signed this letter: the Illinois Psychological Association, the Illinois Chapter of the American Academy of Pediatrics, the National Association of Social Workers Illinois Chapter, the American Psychoanalytic Association, the Illinois Psychiatric Society, the Illinois Public Health Association, and the Illinois Mental Health Counselors Association, the Illinois School Counselor Association, the Coalition of Illinois Counselors {sic} (Counselor Organizations). Those are just a few of the statewide mainstream professional associations that are not waiting for us to tell them how to practice their profession - they're telling us.
PRESIDING OFFICER: (SENATOR LINK) Senator Koehler.
Thank you for that answer. Now, I'm a member of the clergy. My training was in seminary. I did serve a -- a church for a good number of years. As a member of the clergy and not a licensed clinical professional, this bill doesn't really apply to me at all, does it?
PRESIDING OFFICER: (SENATOR LINK) Senator Biss.
60 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 That's right. This bill does not apply at all to a member of the clergy or, frankly, anyone else who is not a licensed professional.
PRESIDING OFFICER: (SENATOR LINK) Senator Koehler.
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) To the bill.
I think this is an important bill and I think it's important to kind of put this in perspective. We're not trying to tell the professional clinical psychologists how they should do their job. We're just telling them what really the bounds of -- of crossing the line that is really inappropriate are. And I'll -- I'll just talk about my experiences a bit. My training is -- is as a person coming out of the seminary and the clergy. I did do some counseling at a -- a guidance center, a -- at a clinical center in Ohio. You know, my belief is that a good counselor is not someone that has an agenda. And really what this is talking about is that if somebody has an agenda - in other words, if the impetus is coming from the outside for the change to take place - then that's not really appropriate; that's not counseling. Counseling is when, you know, you don't provide the answers so much as you ask the right questions and you help that person explore what they're about, and that's what this bill does. It -- it helps a person. And in your answer to -- to one of the questions that was raised - I thought was also appropriate - there's -- you know, young people have problems. They have questions about what's going on. 61 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 They can go and talk about that. If the impetus comes from within, that's a legitimate way in which a person can get help. But if the -- if the agenda is from the outside, then -- then that's really a violation of that person. I think this is an important bill and I -- I urge an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) Senator Anderson, for what purpose do you rise?
Question of the sponsor, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) Indicates he will yield.
Senator, I -- I -- just a couple questions, and I'm sure I know the answer to the first one. So, according to this legislation, a parent cannot allow their child to go to counseling, correct?
PRESIDING OFFICER: (SENATOR LINK) Senator Biss.
A parent can most certainly allow their child to go to counseling.
PRESIDING OFFICER: (SENATOR LINK) Senator Anderson.
So they can okay their child to go to the, quote, unquote, "conversion therapy"?
PRESIDING OFFICER: (SENATOR LINK) Senator Biss.
62 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 No.
PRESIDING OFFICER: (SENATOR LINK) Senator Anderson.
Under this legislation, would an emancipated minor be able to seek counseling?
PRESIDING OFFICER: (SENATOR LINK) Senator Biss.
They could certainly seek counseling.
PRESIDING OFFICER: (SENATOR LINK) Senator Anderson.
Could they for the -- the topic in question, Senator?
PRESIDING OFFICER: (SENATOR LINK) Senator Biss.
If -- if the question is, could they seek out conversion therapy as defined in the bill, the answer is no. That's the point of the bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Anderson.
But an adult can, correct?
PRESIDING OFFICER: (SENATOR LINK) Senator Biss.
Yes.
PRESIDING OFFICER: (SENATOR LINK) 63 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 Senator Anderson.
So an emancipated minor that is on their own cannot seek this type of therapy?
PRESIDING OFFICER: (SENATOR LINK) Senator Biss.
That's correct. So long as they're under eighteen, they cannot under this bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Anderson.
A member of our military that is under the age of eighteen that can fight for our country cannot seek therapy under this legislation?
PRESIDING OFFICER: (SENATOR LINK) Senator Biss.
Well -- well, again, anyone can seek therapy. The point of this bill is to clarify the definition of therapy. They could not seek out the conversion therapy, as defined in this bill, if they are under the age of eighteen.
PRESIDING OFFICER: (SENATOR LINK) Senator Anderson.
To -- to the bill.
PRESIDING OFFICER: (SENATOR LINK) To the bill.
64 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 Senator, I guess that's -- that's kind of my point. We as - - as a government body have dictated in the past that an emancipated minor can make decisions on their own - such as, in - - in my line of work, if -- if an emancipated minor gets in a car accident, they can refuse treatment if they see fit; if they're not -- if they're under eighteen and they're not emancipated, then they have to go to the hospital with us to seek further evaluation. And again, members of our military, the ones that fight for us to be here to make these decisions, according to this legislation, simply because they're under eighteen, although they can fight for us, have no say. I find this legislation a bit -- a bit confusing and -- and, sadly, a bit haunting. I urge a No vote.
PRESIDING OFFICER: (SENATOR LINK) Senator Righter.
Mr. President, will the sponsor yield for a few questions, please?
PRESIDING OFFICER: (SENATOR LINK) Indicates he will.
Thank you. Senator Biss, I've -- I've listened carefully to the exchange, because I don't want to -- I don't want us to have to cover any ground that you've already touched on, and -- and in one of the -- one of the issues that I was going to inquire about was what I perceive to be the kind of one-way-street approach that this legislation was taking, and maybe -- maybe my thought on that was driven by the, I think what was referenced to before, the nearly seven pages or so of legislative findings, which are -- do seem to be very one-way street in their -- in their rhetoric. 65 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 Regardless, let's -- let's move away from that. There's two areas of inquiry I have. First, one that I'm guessing that you've probably not answered any questions about because -- and most people don't even know it's in the bill and that has to do with Section 25, what has to do with the advertisement that may be put out there by these licensed professionals, that says what individuals who are in business advertising therapy services cannot do, otherwise it'd be subject to violating the Consumer Fraud and Deceptive Business Practices Act. The question I -- first question I have is, is the language of what they're not allowed to do in terms of false promises, misrepresentation, concealment, was that lifted from somewhere else? Did that come out of the Consumer Fraud and Deceptive Business Practices Act or some other statutory language?
PRESIDING OFFICER: (SENATOR LINK) Senator Biss.
Yes. It comes from that Act.
PRESIDING OFFICER: (SENATOR LINK) Senator Righter.
And so, to be clear, the -- in order to be violative of this Section, they would not only need to engage in one of those acts but also -- and you've got -- the language - I'm going to read out -- out of the bill - you've put in here is -- has to do with characterizing homosexuality in certain ways. So they would not only need to make a false promise or a false representation but also refer to a certain gender orientation in those manners. Is that -- they'd have to do both of those, is that right? 66 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015
PRESIDING OFFICER: (SENATOR LINK) Senator Biss.
Yes.
PRESIDING OFFICER: (SENATOR LINK) Senator Righter.
Thank -- thank you. Now, going back to the therapy issue that's been touched on here, the language in your bill would make it -- make -- put your license at risk, I should say, if you engage in a practice or a treatment that seeks to change - and those are the words that you've got in the bill - seeks to change the gender preference. And I understand, I think, the approach that you've talked about here, that -- that you've labeled as a certain kind of therapy, where the professional, the medical provider, takes what I think your expert in Executive Committee characterized as a linear approach, which was "I think the patient needs to be here, I see them as being here right now, and so I -- I am going to drive them one way or another to the point that I think that they need to be." But that's -- I mean, I -- and I think that's relatively obvious to - it ought to be - to most Members. Here's -- here's the scenario that raises a concern for me, and that is, the therapist who sits and visits with the minor and, over the course of several counseling sessions, listens to the minor, listens to the minor's discomfort, their expressions of depression, or perhaps suicidal tendencies, begins to get a feel that those -- those issues that that minor is experiencing relate to gender orientation, and because of his or her years of experience as a medical professional, arrives at the conclusion that this person 67 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 is intensely uncomfortable, to the degree of showing those symptoms, with their gender orientation or what they believe it to be, and so concludes in their mind that perhaps this person will not be depressed, will not be suicidal, if they -- they get to a certain point. At what point does, under your bill, that professional cross the line from just exploring or, as Senator Koehler said, asking good questions to actually moving the person in the direction that they, in their experience, really believe is the best place for that patient to be? Where's that line?
PRESIDING OFFICER: (SENATOR LINK) Senator Biss.
Well, I would say that that line rests on the question of whether the purpose of the therapy was to, as you said, land the young person in a particular place or whether the purpose of the therapy is to help the young person understand where the young person in him- or herself is and is most comfortable naturally resting. Now, it seems to me that you're implying that, gosh, that's -- that's a fuzzy line. I -- I personally don't think so, but there's an important amendment that was made in the House that, in fact, that risk of losing your license became a "may" and the -- the -- there's broad -- broad latitude given to how much discipline is enacted if there were to be some kind of confusion or gray area entered into. But I have to say that this -- the -- the core language of this -- of this bill is taken from other states that have enacted laws and have laws on the books and there is not a rash of lawsuits about, gosh, was that or was that not. In -- in -- in practical experience, that gray area doesn't seem to be one that's inhabited. 68 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015
PRESIDING OFFICER: (SENATOR LINK) Senator Righter.
Well, Senator, I -- I appreciate that. A couple points: One, I wouldn't expect there to be any rash of lawsuits because this isn't a -- this is not what -- this bill doesn't create a cause of action to my knowledge. But the -- on the issue of the amendment in the House, I guess I'll leave it up to the practitioner themselves to decide if they really gain any considerable degree of comfort from the fact that the Department will have wide latitude in deciding what the repercussions will be. Now, going back to that line though, you -- you said that you want to prohibit -- that the -- the -- the purpose of the therapy would be conversion. What I'm asking, is it -- is it -- is that determination made when the counseling sessions start, as opposed to part way through, toward the end? I mean, again, I'm looking for that line of when the -- when is it okay for the therapist to have, because of their experience, arrived at the conclusion that this maybe may be where the patient needs to get. Is it okay to open the doors to allow them to walk in that direction in their mind or in -- conversationally?
PRESIDING OFFICER: (SENATOR LINK) Senator Biss.
In my view, the line is not a line that is -- is -- is measured at a particular time. It's the line between saying I think you should be straight or I think you should be gay and I'm going to make you that, or, on the other hand, saying I'm here to help you figure out who you are. 69 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015
PRESIDING OFFICER: (SENATOR LINK) Senator Righter.
Is -- do you have in your mind -- is there something, based perhaps on the experience in other states, because you've referenced that, that the -- if this becomes law, the professional who will be affected by this should do on the front end of the counseling session to make clear for the regulators, for the patient themselves, that that's not what they're going to do? Some kind of declaratory statement at the beginning of the counseling sessions: "It's not my goal to convert you in -- in terms of gender preference from A to B." I mean, is there something like that that can provide the people who will be living under this some comfort so they know that, okay, I've kind of cleared that hurtle and now I can do my work without worrying about at what point I cross that line?
PRESIDING OFFICER: (SENATOR LINK) Senator Biss.
That comfort I think is most appropriately given by the internal codes of ethics of the professions and their associations. And I think that's an important point in light of the fact that each of those associations supports this bill.
PRESIDING OFFICER: (SENATOR LINK) Senator Righter, to wrap up.
To the bill, if I might, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) To the bill. 70 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015
Based -- based solely on your urging there, Mr. President. Thank you. Ladies and Gentlemen of the Senate, this is an extraordinarily difficult issue and I do credit the sponsor for taking on the issue. I'm -- I -- I'm not sure that I agree with the conclusion that he's drawn, but it is a -- very difficult and complicated issue. The concern that I have is that there is no real line for the therapist here to know that they need to be behind. There's -- as the sponsor himself said, there's no timeline. It's not about what's going on at the beginning of the session, as opposed to halfway through the session or toward the very end of the session. As a -- an experienced therapist is talking through a young person who's suffering from depression, who may be suffering from suicidal tendencies, and the therapist during the counseling session earnestly comes to believe that this is driven by a perceived gender preference and that those issues can be relieved by -- by walking this person through questions and conversation down a road so that they themselves can -- can reach a different conclusion about gender identity, at what point do they bump up against the provisions of House Bill 217 because they think, okay, am I now seeking to change - because those are the words in the bill - am I now seeking to change this person's conclusion about what their -- their -- their gender preference is, even if I've not told them? I'm not leading them by the nose, but I'm asking the questions to open the doors during the conversation to get them to that conclusion because that's what I sincerely believe is in their best interest. And, Ladies and Gentlemen, let's not lose sight of that. This isn't about how many associations are for this or not. This is about what's in 71 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 the best interest of that child and whether or not the professional at stake, living under the provisions of House Bill 217 were it to become law, is going to be chilled, is going to be a little bit hesitant to walk them down the path that they truly believe that the minor needs, that is in the best interests of the minor because they do not want to put their license at jeopardy. Let's not take that step over that line. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) Senator Hutchinson.
Thank you, Mr. President. Will the sponsor yield? Could you walk me through exactly which associations…
PRESIDING OFFICER: (SENATOR LINK) He indicates he will yield.
…associations support this?
PRESIDING OFFICER: (SENATOR LINK) Senator Biss.
I will, and -- and I -- I think, in light of what -- the comment that was just made, it's important to say, the association's primary job is to represent their members, which I think is a strong, strong indication that those members do not feel chilled by the language in House Bill 217. I'll give you a list of who signed this particular letter, is the Illinois Psychological Association's Acting President; Lurie Children's Hospital - it's Division Head of Adolescent Medicine; the President of the Illinois Chapter of the American Academy of Pediatrics; the Director of the Chicago Institute for Psychoanalysis; the 72 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 Executive Director of NASW, the Association of Social Workers Illinois Chapter; President of the American Psychoanalytic Association - I'm sorry this is taking a long time - the President of the Illinois Psychiatric Society; the Vice President for Policy and Advocacy of the AIDS Foundation of Chicago; the President of Adler University; the Executive Director of the Illinois Public Health Association; President and Dean of The Institute for Clinical Social Work; and the Executive Director for the Illinois Mental Health Counselors Association, School Counselor Association, and Coalition of Illinois Counselors.
PRESIDING OFFICER: (SENATOR LINK) Senator Hutchinson.
So, would it be fair to say that professionals that are in this industry, scientific therapists, professionals that are actually governed by and guided by these associations, have come to a determination that gay conversion therapy is harmful to children who are gay?
PRESIDING OFFICER: (SENATOR LINK) Senator Biss.
Yes.
PRESIDING OFFICER: (SENATOR LINK) Senator Hutchinson.
In any of your previous conversations, had you ever been made aware of some of the older kinds of therapies that were deployed on people through the decades in terms of -- you know, with the stated goal to cure them away from where they naturally were? Just 73 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 the history of that.
PRESIDING OFFICER: (SENATOR LINK) Senator Biss.
I'm -- so, for instance, in committee yesterday, the young man, Mr. Galloway, talked about being forced to masturbate looking at certain images. There was talk about unwanted physical contact with people of the same or opposite sex. I've read about instances of people being -- given medication that forces them to vomit as an effort to create a physical revulsion that is in fact not innate. Quite frankly, some of these practices are physically and sexually abusive and I think, while maybe not all of them are, the fact that so many of them are in that category is an indication of the wrongheadedness of this practice.
PRESIDING OFFICER: (SENATOR LINK) Senator Hutchinson.
Thank you, Senator Biss. To the bill.
PRESIDING OFFICER: (SENATOR LINK) To the bill.
I think it was important to actually talk about that if we're going to have conversations on the Floor that skirt around the edges on what it is we're actually talking about and what goes into gay conversion therapy. It's striking to me, largely because I understand that there are people who do not believe and who we will never be able to convince that homosexuality is an immutable characteristic, like race or anything like that. We know that there are people who just do not believe that. They do not believe 74 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 that you were either born this way or you were not. Even people who know that they've never ever had a homosexual thought in their head, they don't -- they can't really articulate when they realized they were heterosexual, but they expect that gay people could do the exact same thing. So it's striking to me in 2015, when I also understand the history of the way women's medicine used to be treated. Part of the reason why a hysterectomy is called a hysterectomy is because anytime there was a problem with a woman psychologically, we were deemed to be hysterical. We've come a long way since then and those practices are now no longer available or could be licensed. I do know that over the course of decades, as science evolves and we understand more about the biological and psychological connection as to sexual identity or gender identity - and, no, they are not always the same thing - and we also get that our conversation is evolving on that point as well because of that. And you have so money -- so many different organizations that are in this business, specifically saying these practices are harmful, and we need to know what some of those practices are. This is not always just talk therapy. Some of these practices are downright cruel and you would never ever subject a child to do that or to be in the presence of anybody that would do that to them if you really understood how harmful it was coming out. So, to those people who are listening and those children who need to know at some point this gets better; that there are adults in the State, across this country, who understand that there's nothing wrong with you; and that you will be allowed to grow up a healthy and normal loving human being, able to participate in every thread of society that God says you can; that there is nothing wrong with you - you can be depressed, you can have other issues that you 75 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 need to work through, and some of that comes on top of all of the confusion that happens when you're discovering who you are and we understand that. So, I just wanted to say, in this moment, that I commend the sponsor for bringing this bill. I commend the work that Representative Cassidy did in the House. I commend all of those who understand that every child, every child, deserves a chance to be loved wholly as they are - as they are. I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR LINK) Senator Biss, to close.
Thank you, Mr. President. Thank you, Members. We had a long, robust discussion. I think we've covered most of the issues. I just want to say one last think in closing. There was a moment in the committee hearing we had yesterday when the opponents made a really, really astonishing analogy. They said, "Hey, this is just like being an alcoholic. Once you're ready to accept that you need to be cured, then you can go in for treatment and begin to stop drinking and get your life back together." It's probably the best argument that I've heard made for this bill. If you agree with that point of view, that homosexuality is a disease and we need to find a way to cure it, you should vote No. But if you believe the opposite, if you believe that people are who they are, people are born the way they're born and our responsibility as a society is to affirm them and help them live whole lives as who they are, then I respectfully ask that you would join me this afternoon in voting Aye.
PRESIDING OFFICER: (SENATOR LINK) The question is, shall House Bill 217 pass. All those in 76 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 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 34 Ayes, 19 Nays, 1 voting Present. House Bill 217, having received the required constitutional majority, is declared passed. One more committee announcement: Higher Education, tomorrow at 9:30 a.m., Room 212. Senator Manar.
Thank you, Mr. President. I move to waive all notice and posting requirements so that House Bill 3765 can be heard today in the Senate Commerce and Economic Development Committee.
PRESIDING OFFICER: (SENATOR LINK) Senator Manar moves to waive all notices and posting requirements so that House Bill 3765 can be heard today in Senate Commerce and Economic Development Committee. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and all notices and posting requirements are waived. Mr. Secretary, Messages from the House.
Message from the House by Mr. Mapes, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 1236. Together with the following amendment which is attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment 1 to Senate Bill 1236. Passed the House, as amended, May 29th, 2015. Timothy D. Mapes, 77 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 Clerk of the House.
PRESIDING OFFICER: (SENATOR LINK) Senator Harmon, for what purpose do you rise?
Thank you, Mr. President. I move to waive all notice and posting requirements so that Senate Resolution 607 can be heard today in the Senate Executive Committee at 4:15 p.m.
PRESIDING OFFICER: (SENATOR LINK) Senator Harmon moves to waive all notice and posting requirements so that Senate Resolution 607 can be heard today in the Senate Executive Committee. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and all notices and posting requirements have been waived. The Senate will stand in recess until after committee reports {sic}, after which there will be Floor action, but no votes will be taken. The Senate stands in recess. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR HARMON) The Senate will come to order. Mr. Secretary, Resolutions.
Senate Resolutions 620 and 621, offered by Senator Murphy and all Members. Senate Resolution 622, offered by Senators Bennett, Rose, and all Members. They are all death resolutions, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Resolutions Consent Calendar. 78 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015
Senate Resolution 623, offered by Senator Bennett. It is substantive.
PRESIDING OFFICER: (SENATOR HARMON) Mr. Secretary, Committee Reports.
Senator Martinez, Chairperson of the Committee on Licensed Activities and Pensions, reports Motion to Concur: House Amendment 1 to Senate Bill 1820 and House Amendment 1 to Senate Bill 1827 Recommend Do Adopt; House Bill 3219 Do Pass; Senate Amendment 1 to House Bill 3484 Recommend Do Adopt. Senator Landek, Chairperson of the Committee on State Government and Veterans Affairs, reports Motion to Concur: House Amendment 2 to Senate Bill 1458 Recommend Do Adopt. Senator Collins, Chairperson of the Committee on Financial Institutions, reports Motion to Concur: House Amendments 1, 2, and 3 to Senate Bill 1440 Recommend Do Adopt. Senator Harmon, Chairperson of the Committee on Executive, reports Senate Resolution 607 Be Adopted; Motion to Concur: House Amendment 1 to Senate Bill 398 and House Amendment 2 to Senate Bill 398, House Amendments 2 and 4 to Senate Bill 788, and House Amendment 1 to Senate Bill 1444 Recommend Do Adopt; and House Bill 303 Do Pass. Motion to Concur: House Amendment 4 to Senate Bill 107, House Amendment 1 -- I'm sorry. Excuse me. Senator Hutchinson, Chairperson of the Committee on Revenue, reports Motion to Concur: House Amendment 4 to Senate Bill 107, House Amendment 1 to Senate Bill 368, and House Amendment 1 to Senate Bill 936 Recommend Do Adopt. 79 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 Senator Mulroe, Chairperson of the Committee on Public Health, reports Motion to Concur: House Amendment 1 to Senate Bill 1228, House Amendment 2 to Senate Bill 1684 Recommend Do Adopt. Senator Holmes, Chairperson of the Committee on Commerce and Economic Development, reports: House Bill 3765 Do Pass, as Amended. Senator Jones, Chairperson of the Committee on Local Government, reports Motion to Concur: House Amendment 1 to Senate Bill 379 Recommend Do Adopt. Senator Noland, Chairperson of the Committee on Criminal Law, reports Motion to Concur: House Amendments 1 and 2 to Senate Bill 1304 Recommend Do Adopt.
PRESIDING OFFICER: (SENATOR HARMON) Mr. Secretary, Messages from the House.
A Message from the House by Mr. Mapes, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 96. Together with the following amendments which are attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendments 1, 3, and 4 to Senate Bill 96. We have received like Messages on Senate Bill 507, with House Amendments 1 and 2; Senate Bill 1102, with House Amendments 1 and 2; and Senate Bill 1229, with House Amendments 1 and 2. Passed the House, as amended, May 29th, 2015. Timothy D. Mapes, Clerk of 80 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015 the House. Message from the House by Mr. Mapes, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed a bill of the following title, in the passage of which I'm instructed to ask the concurrence of the Senate, to wit: House Bill 1288. Passed the House, May 29th, 2015. Timothy D. Mapes, Clerk of the House.
PRESIDING OFFICER: (SENATOR HARMON) Mr. Secretary, House Bills 1st Reading.
House Bill 1288, offered by Senators Silverstein and Martinez. (Secretary reads title of bill) 1st Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Ladies and Gentlemen of the Senate, Senate Supplemental Calendar No. 2 has been distributed to the Members' desks. We'll turn to that Order of House Bills 2nd Reading. House Bill 3219. Mr. Secretary, please read the bill.
House Bill -- 3219. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. House Bill 3765. Mr. Secretary, please read the bill. 81 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 51st Legislative Day 5/29/2015
House Bill 3765. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Commerce and Economic Development adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR HARMON) Have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. There being no further business to come before the Senate, the Senate stands adjourned until the hour of 11 a.m. on the 30th day of May 2015. The Senate stands adjourned. 82