PRESIDING OFFICER: (SENATOR LINK) The regular Session of the 98th {sic} (99th) General Assembly will please come to order. Will the Members please be at their desks? Will our guests in the galleries please rise? The invocation today will be given by Shaun Lewis, Civil Servant Ministries, Springfield, Illinois.
(Prayer by Shaun Lewis)
PRESIDING OFFICER: (SENATOR LINK) Please remain standing for the Pledge Allegiance. Senator Cunningham.
(Pledge of Allegiance, led by Senator Cunningham)
PRESIDING OFFICER: (SENATOR LINK) Mr. Secretary, Reading and Approval of the Journal.
Senate Journal of Friday, May 29th, 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 the approval of the Journal, pending the arrival of the printed transcript. There being no objection, so ordered. Mr. Secretary, Resolutions.
Senate Resolution 624, offered by Senator Morrison. 1 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 It is substantive, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) Tony Yuscius, Blueroomstream.com, seeks permission to videotape. Seeing no objection, permission granted. Mr. Secretary, Committee Reports.
Senator McGuire, Chairperson of the Committee on Higher Education, reports Motion to Concur on House Amendment 1 to Senate Bill 1818 and Motion to Concur -- I'm sorry, and Senate Amendment 2 to House Bill 3593 Recommend Do Adopt.
PRESIDING OFFICER: (SENATOR LINK) Will all Members at the sound of my voice please come to the Senate Floor? All Members at the sound of my voice, please come to the Senate Floor - all of those in their offices or the gallery. Thank you. Will all Members at the sound of my voice please come to the Senate Floor immediately for final action? All Members at the sound of my voice, please come to the Senate Floor for final action.
PRESIDING OFFICER: (SENATOR HARMON) Ladies and Gentlemen of the Senate, we are on page 26 of your printed Calendar, on the Order of Secretary's Desk, Resolutions. We're going to begin with Senate Resolution 583. Senator Sullivan. Mr. Secretary, please read the resolution.
Senate Resolution 583, offered by Senator Sullivan.
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.
Thank you, Mr. President. Good morning, Ladies and Gentlemen. 2 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 I have a -- a resolution here - it's Senate Resolution 583 - which designates June 17th of this year as X-Linked Myotubular Myopathy Awareness Day in Illinois for the purpose of focusing on individuals affected by this disorder and the work of many to identify better treatment for these individuals. X-Linked Myotubular Myopathy is also referred to as XLMTM. It's a very rare genetic neuromuscular disorder, where symptoms are frequently present at birth. Those symptoms include muscle weakness, diminished muscle tone, feeding -- difficulties, and breathing difficulties. If you might ask why June 17th is the date that we have chosen, is -- it -- it happens to be the date that Louie Willhelm, a constituent of mine -- it's his birth date, and he's -- he lived in Hancock County. He has since passed -- passed away from this disease. But that is the reason that we have chosen that date. And, Mr. President, after we conclude our business, I would like a point of personal privilege. Ask…
PRESIDING OFFICER: (SENATOR HARMON) Absolutely, Senator. …Sullivan
Thank you. I just ask for its adoption and passage.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Senator Sullivan has moved for the adoption of Senate Resolution 583. All in favor, say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senator Sullivan, for what purpose do you rise?
…you -- thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR HARMON) 3 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 State your point, Senator.
Thank -- thank you. Ladies and Gentlemen, if -- if I could have your -- have your… Thank you, Mr. President. I'd like to introduce…
PRESIDING OFFICER: (SENATOR HARMON) We'll stand at ease for just a moment. Senator Sullivan.
Thank you. I apologize, Ladies and Gentlemen. I don't know why I get emotional on these things, but… The resolution - thank you - the resolution that we just passed, as I mentioned, is being done for Louie Willhelm, who was a constituent of mine. He lives -- he and his family lives in Hancock County, and his family is here today and they're up in the gallery. I'd like to introduce 'em. The mother is Lindsey. Stand up, Lindsey, if you would, please. Martin is the father. This amazing little girl, Emily, is Louie's sister. Emily has with her her doll Sarah. Would you hold Sarah up, please? Wanted to be sure to get introduced. And also, the grandparents, Charles -- Dr. Charles and Marilene Miller. If you folks would stand as well. These -- these individuals -- we have even a closer connection than that, because our photographer, Craig Miller, here is a -- a brother to Lindsey, so an uncle to Louie. They -- the family wrote me a letter. I'm not going to be able to read it honestly, but this young man was a real fighter. And I'm very honored to introduce and welcome them here today. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Ladies and Gentlemen of the Senate, we're going to return to our mundane business on the Order of House Bills 3rd Reading. 4 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Let's turn to page 18. With leave of the Body, we are going to move through the Calendar, calling those bills that are ready for final action. We'll begin on page 18 with House Bill 1. Senator Kotowski. Mr. Secretary, please read the bill.
House Bill 1. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Kotowski.
Thank you very much, Mr. President and Ladies and Gentlemen of the Senate. House Bill 1 is a comprehensive package designed to address heroin and opioid abuse and addiction in Illinois. The bill addresses the prescribing and dispensing of opioids, modifications to the Department of Human Services' Drug Overdose Prevention Program, changes to the Prescription Monitoring Program, provisions addressing medication disposal. Senator Iris Martinez has been a leader on this front. We were able to integrate that component into this measure. I want to thank her for all of her hard work on this and thank her for everything she's been doing on so many different fronts as it relates to helping people stay safe and healthy. This requires Medicaid to cover medication- assisted treatments for alcohol and opioid dependence; requires insurance policies to cover at least one opioid antagonist and offer coverage for addiction treatment services; requires DHS and the State Board of Education to develop a three-year heroin and opioid drug prevention program; and makes changes to drug court proceedings. Leader Lou Lang has spent I think the past few years 5 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 on this provision, and to put it -- I guess it would be understating it to say that he has done a tremendous amount of work on this and, without his leadership, this bill wouldn't have been able to arrive in the Senate. He is a great leader and advocate to try and protect people from substance abuse, substance abuse death. One of the facts that's come to light as a result of this is, if you look in the State of Illinois, there's close to twelve hundred people a year who die from substance abuse-related deaths and that's -- it's about the same that dies from motor vehicle accidents and from gun violence. It's an absolute epidemic. And the largest number of -- largest number of cases for primary drug treatment are due to heroin, and heroin is cheaper right now, in many cases, to access than marijuana is. So we have a crisis on our hands. This is -- some cases of this bill are subject to appropriations. We've had fiscal notes that are filed. The fiscal note filed through the Department of Human Services, I believe it's about fifteen million dollars; the Department of Insurance, about seven hundred thousand. At this stage of the game, I'd love to see an Aye vote, love to see your support. It's a very important measure. We want to be able to keep our kids safe and secure. I represent the 28th District. Sadly, we've had some young people die from heroin overdoses and it's absolutely tragic and there's obviously nothing you can do to bring these kids back, get their lives back and to make sure their families will be the same. They're just never going to be the same and we owe it to them and we owe it to our communities to do whatever we can to make sure that we stop this epidemic from growing. So I'd be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR HARMON) 6 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Thank you, Senator. Is there any discussion? Senator Murphy, for what purpose do you rise?
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator.
The -- the Senator is correct, there are a lot of good things in this bill. There are a lot of positive reforms. It's an issue of significant concern to a lot of us. I've had multiple heroin awareness seminars that I've held in my district. The challenge we have here is, is that this has a fifty-eight-million-dollar new price tag on it, according to the administration, DHS, who's run the numbers. And, you know, I -- I don't want to beat a dead horse, but, you know, we -- we don't really have a budget that makes mathematical sense right now and adding fifty-eight million more in only makes that fifty-eight more -- fifty-eight million more difficult from a math standpoint. The notion of this being subject to appropriation - one, I'm not sure we saw the language in the bill, but beyond that, when you make Medicaid expansions subject to appropriations, doesn't mean anything; when you're eligible for something, we pay for it whether we appropriate it or not. So the fact that we're making Medicaid expansions, the fact that we've got fifty-eight million dollars in added costs here, again, this is something that I think people can get their arms around. They're -- this is -- this is an epidemic that we all want to deal with, but we got to do it within the framework and the context of a balanced budget, and adding more spending on to a budget that currently isn't balanced is not the right thing to 7 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 do. So while I support the concept, I can't support appropriating this money at this time and just punting the issue to the Governor. So for the time being, I would encourage everybody to vote Present until we have a budget that makes sense that we can fit something like this into.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Further discussion? Senator McCarter, for what purpose do you rise? SENATOR McCARTER: To the bill.
PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator. SENATOR McCARTER: This is not an easy vote for me and -- and, you know, a lot of times, you folks in here have accused me of voting against our districts because of the principles that I take on fiscal issues. So I - I've never said it - I don't know how I'm going to vote. I don't know. It is fifty-eight million dollars that we -- either we don't have or we should cut something else to make room for it, cause we've been talking about this. We don't -- "Oh, we don't have it." Well, we -- all of us have money for what we really want, whether it's your business, whether it's your home. Okay? Is -- I -- I heard, the heart bone is connected to the wallet -- I mean, if you really want it, you can have it. There is a pool of money that we have to say no to something and yes to something else. So I would hope that somehow we could say no to something else to say yes to this - that would make me very happy. Now I don't control this whole budget issue, like most of us don't. Very few of us are going to be in that position to really decide what 8 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 happens here. But I do know that the task force that I was assigned to, as far as I know, never made a report. I do know that the last meeting that I was in, the decision was not to put more mandates on schools as to what they're to teach to create awareness of the dangers of heroin. But the solution that I remember was to have a peer to peer social media campaign throughout the State of Illinois, because that message coming from peers is more effective than coming parents, than coming from teachers, than coming from legislators. And so I -- I guess I'm a little discouraged that that didn't happen. I'm also a little discouraged that we've spent a lot of time having these hearings throughout the State and the number one thing -- the one thing that was said in every hearing, whether it was the farthest northern part of this State to the -- to the south, is that the number one gateway drug to opiate addiction and heroin abuse is marijuana. Now you may just think, I've got it in for marijuana. A lot of it comes because of this statement - that no one disagreed with - that it's the number one gateway drug for heroin use. So I'm a little discouraged that we haven't talked about the things we really should have. If somebody wants to take credit for this massive, very compassionate-looking -- that's fine. I don't care. But there was a task force. I thought there was some good information provided and I think we should have acted on it. So, somehow, I wish someone would find a way to get rid of a lesser important program, one that perhaps is outdated, perhaps ineffective, to make room for this. So, if you vote against it, I -- I -- I -- I've got no problem with that. I've voted against a lot of good things because we just didn't have money and so I don't -- I don't feel bad about anybody voting -- against it, voting Present, whatever it is. I -- I'm supportive 9 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 of whatever we can do to save lives in this State, because it could have -- it could be yours, it could be your family's - it was mine. So this, I guess, is our predicament in the State of Illinois: We have to decide what we really do have money for and what really matters to us.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Syverson, for what purpose do you rise?
Thank you, Mr. President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he will yield, Senator.
Senator, can you help on the insurance side of this? There's some new requirements for insurance on that. Can you walk through what those new -- the requirements are for -- on the insurance?
PRESIDING OFFICER: (SENATOR HARMON) Senator Kotowski.
So, it requires all individual or group policies of accident and health insurance in the State that provide coverage for prescription drugs to provide coverage for at least one opioid antagonist, including the medication and administration device, and any pharmacy administration fees, and refills for expired or used opioid antagonists. There's a whole series of provisions within this. It requires all individual or group health benefit plans in the State to offer coverage for medically necessary acute treatment services and clinical stabilization services. There's a provision related to appeals. Requires an insurer to send a 10 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 copy of the Department of Insurance Request for External Review. Specifies that an independent external review organization shall consider the placement criteria established by American Society of Addiction Medicine when considering medical necessity determination for substance abuse. There's a whole component. Is there a question you have within there, sir?
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson.
Thank you. Yeah, I guess my question was really geared more towards, then, under the new ACA laws, where -- where it talks about that any new mandates have to be paid for by the State. How much of this would be covered under the normal benefits that the policy would cover versus what would be considered new mandates under ACA, if any?
PRESIDING OFFICER: (SENATOR HARMON) Senator Kotowski.
It's my understanding, the insurance companies at this stage in the game are -- are neutral at this because the requirement is an offer for coverage. We haven't received -- I haven't received a lot of, you know, pushback on this provision. If you're referring to the Medicaid component, it -- it is an offer for coverage, and I -- it's my understanding that they were comfortable with that.
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson.
I guess I'm not quite sure what the offer -- what -- what 11 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 does it mean by an offer of coverage on the -- not the Medicaid portion, but what would be cost to the insured policies? It wouldn't be an offer. This would have to be a -- a shall; it wouldn't be a may.
PRESIDING OFFICER: (SENATOR HARMON) Senator Kotowski.
Just wanted to restate, and -- and appreciate your inquiry: Requires all individual or group health benefit plans in the State to offer coverage for medically necessary acute treatment services or clinical stabilization services. Specifies that the treating provider shall base all treatment recommendations and the health benefit plan shall base all medical necessity determinations for substance abuse {sic} (use) disorders in accordance with the most current edition of the American Society of Addiction (Medicine Patient) Placement Criteria. So it sounds to me that the coverage is for medically necessary acute treatment services and clinically -- clinical stabilization services.
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson.
If -- if these would be considered then new mandates or requirements, then, under ACA then, that would be something that the State would have to reimburse the carriers for. So is that - - is there a determination of that?
PRESIDING OFFICER: (SENATOR HARMON) Senator Kotowski.
I -- I apologize, sir. Could you ask that question again? I 12 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 was…
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson.
What I'm trying to determine is, some of this may already be covered under the normal health plan - some of these services may already be part of that already - but is there a portion of this that -- that will be considered a new cost or a mandate to carriers. And under ACA, it -- any new cost to insurance companies - why they may be neutral - any new cost to insurance companies have to be paid for by the State. The State has to reimburse the insurance companies for that. So have we determined -- knowing that the insurance companies don't have a risk at this, have they determined what that cost might be that the State has to reimburse the insurance companies for, the new coverages that they have to be - - cover under this?
PRESIDING OFFICER: (SENATOR HARMON) Senator Kotowski.
Thank you. And we had asked for a response from the Department of Insurance on this, and I believe what they provided was a cost of less than a million dollars on it. That's what they indicated when they were -- when the -- the inquiry was made to them in terms of what the cost would be.
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson.
I think that number that they're giving is the cost for administrative; that's the numbers that they're saying that for. 13 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 The new staff positions they have to have and the -- and the materials that they have to use for getting that information out to the carriers. I'm just wondering if there's actual cost that the carriers are going to incur that the states are going to be required to reimburse them for.
PRESIDING OFFICER: (SENATOR HARMON) Senator Kotowski.
Good point, Senator. The Department of Insurance, the reason why I cited them and why I've cited DHS is we've asked for a fiscal note from DHS and received information from them; asked for information from the Department of Insurance, received from them. From HFS, I haven't received any information as to the cost impact from them directly, in terms of the request for what the cost would be.
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson.
I'll wrap it up with this, and I -- and I thank you, and maybe the -- maybe it's they haven't had time to try to put that together, or maybe, when the Department's coming up with that fifty-seven- million-dollar cost, maybe some of that they're considering is costs that they may have to use to reimburse the insurance companies for the costs that they've incurred. But that's why the insurance companies are at this point neutral, because it's -- any increased costs, they're -- they're allowed to bill that to the State for that. So it's possible that's part of that fifty-seven- million-dollar cost and we just don't have that information yet. So I appreciate your having the discussion with me on that. 14 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Thanks.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Further discussion? Senator Tom Cullerton, for what purpose do you rise?
Thank you, Mr. President. To the bill, please.
PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator.
I rise in strong support of the presenter's bill today. Senator, as these task forces have come out, DuPage County had forty-six heroin deaths. All of our police forces now are arming themselves with Narcan. It is an absolute tragedy that has hit DuPage County. And I appreciate all the hard work that Representative and Leader Lang did on this issue, holding the task force throughout the State, and I appreciate the Senator passing this bill today. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Further discussion? Senator Martinez, for what purpose do you rise?
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator.
First and foremost, I want to thank Representative Lang, but mostly, Senator Kotowski, because one of the parts of this bill that really matters to me is the take-back, the pharmacy take back of pills. There is an addiction problem; we cannot hide that fact. 15 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Across the whole entire State, children, young adults, people are dying from overdose. We are seeing that some of these pain medication, these highly {sic} pain medications, are ending up on the streets being sold individually. And I also am a very -- I'm very concerned with the fact that these pain -- these painkillers are sometimes left in a medicine cabinet and our young adults have access to it, people have access to it, and they right now are utilizing it for themselves or for selling it on the streets. That's why, to me, it's so important that we have a component of this bill that the pharmacies should take back this medication. I had an experience where the pharmacy gave me the wrong medication for my ninety-five-year-old uncle. When I noticed it and brought it right back to them, they did not want to take it back, even though it was their -- their mistake. So what did I have to do with it? I actually still have it because I'm still looking for a place that I actually go and take and dispose of it. We have to be responsible with the waters in our -- in our waterways, where a lot of this medication is ending up in. We need to make sure that there is a place where people can safely go and deposit these unused medication, let it be the police station, but let it be the same pharmacies that -- that -- that -- that actually give you this medication. There should be something there that should be able to take it back. So I want to just commend Senator Kotowski for adding my -- my portion. For the last three years, I've been introducing the bill on -- on pharmacy medication take-back. I - - IRMA told me this time that they were working with the sponsors over in the House regarding this part. I said I would hold my bill till the very end, because if I didn't see it, and I -- and I happen to see it in this bill. I thank you very much for putting 16 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 it in there. We have to take control of -- of the addiction that's going on in the streets. And if it takes fifty-eight million dollars to a billion dollars to address the issue that is very, very serious in our communities and this addiction, I think that this is the -- a first step in making sure that we can start addressing and start making sure we can save more lives. I -- I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Further discussion? Senator Delgado.
Thank you, Mr. President, Members of the Senate. To the bill. I too rise in strong support of the gentleman's legislation. As you know, we're talking about two -- two silos here: heroin, which is totally illegal; then we're talking about opiate prescription drugs, which are legal and then they become illegal. There's a variety of aspects when we've held public hearings and when we talk about working with pharmaceuticals and with PhRMA and with Pfizer, who's been very cooperative, as I've been, as a former Chair of Public Health, working on these items for a -- a long time, when we're talking about trying to figure out in this millennium a whole new rewrite that we could address the heroin problem and exactly what's happening in -- in the opiate community. I had hearings down in Carbondale many -- a few years ago, where hundreds of families showed up, and I want to commend Senator Gary Forby, who also was down in the district and visited some of the -- the clinic that's there, where the two primary items that came in were overdoses of Vicodin, hydrocodone, and methamphetamine. That is all -- walks all throughout the entire State. We know that we have a great pharmacy {sic] (Prescription) Monitoring 17 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Program; however, a more comprehensive approach needs to be taken on to reeducate our citizens to be able to understand that this cannot be in piecemeal and there is legislation that we can make sure that -- that we're able to protect the integrity of those who need the medication. And that's why we were able to go into DuPage County and put together Vivitrol, a fast-paced -- a drug that was fast-paced from the FDA that now has a pilot program in DuPage, which I hope soon comes to Cook County. So we need a whole overhaul, Mr. President, as to how the prescriptions are even sent to your doctor straight through email, and so there's an entire legislation that I picked up on the East Coast, from New York, which is I-STOP, and so we're trying to work with that and hope that we can continue to bring this together. What the gentleman is doing here is a great step moving forward, because this is an epidemic nationally, if you look at your CDC sites, and has already been declared by the federal government. So as we do have an overhaul, this overhaul is not complete, and I look forward to finding the priorities so that we can protect those who need prescriptions, as my son did when my son -- and this June 12th will be five years since all of you graciously gave me your love when I lost my boy to a drug interaction by a pill that was given to him after a dental procedure. So, when we live this reality - and as a father and as a Chair of Public Health, I've been working on this historically in my career - that -- it is coming home. And I -- to close, I just want to commend CVS and others, who have said, we -- we'll start taking -- we have been working on what the previous speaker, Senator Martinez, pointed out, as to be able to return these drugs to your markets. And a DEA waiver was required to be able to have a reverse process so the -- so the pharmacies 18 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 can accept your drugs back; by law, they cannot. And Illinois has been leading now on that, and I want to commend CVS for taking the steps necessary to bring that together. So I would hope that, for the purpose of this legislation, let's keep it moving, because we do have a -- large lifting ahead of us and this is a great start. So I commend you, Senator Kotowski, and I'm glad I signed on to your legislation. There's so much more to discuss on this matter.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Further discussion? Senator Bush, for what purpose do you rise?
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator.
So I just wanted to say thank you, and thank you to everyone that's worked on individual pieces of legislation through the years that have dealt with addiction and the -- the mental illness of that. I would urge an Aye vote also. I passed one of those pieces out of the Senate a few weeks back; we called it Lali's Law. A portion of it is in this bill. But what I'd really like to say is, it's so important, this piece of legislation, because Leader Lang and -- and certainly Senator Kotowski have been able to take so many pieces and put them together that are important, and to pass something that deals with so many different pieces that we all know are the right direction to go in is so important. And - - and I know that we're at a -- at a point in this State where we are strapped for cash. We all know that. These are difficult decisions that we're making. But I would urge an Aye vote, because 19 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 not one more child, not one more adult should have to lose their lives when there are -- when there's an anecdote out there. So I would urge an Aye vote, and I hope that everyone is -- is able to live a -- live a fine life and is able to recover from their addiction. So thank you so much for bringing this to the Floor.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Bush. Further discussion? Senator Connelly, for what purpose do you rise?
Thank you, Mr. President. Questions of the sponsor.
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates he'll yield.
Thank you. Senator, I have a couple of questions. I want to first start about Narcan. I filed a bill earlier this year that - and it was unanimously supported, and I -- I appreciate all the support - that provided authorization for schools to train their personnel to administer Narcan. Is that -- is that provision in this bill?
PRESIDING OFFICER: (SENATOR HARMON) Senator Kotowski.
Yes. Yes, it is. And -- and I -- I want -- I want to express my thanks to you, sir, and -- and -- and to also communicate the fact that I neglected to mention the fact that this bill includes the hard work of -- the policy measures that were passed by Senator Bush and your hard work, Senator Connelly. What you had proposed has been incorporated into this legislation, and Senator Martinez. It's a compilation of a series of bills that were proposed by 20 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 legislators. So I -- I apologize if I didn't mention your name up in front. I'm grateful for your leadership on this front. Please don't take that as a sign that I didn't recognize and appreciate that.
PRESIDING OFFICER: (SENATOR HARMON) Senator Connelly.
I think that was a yes or no question, but I do appreciate the -- the -- no, I do. I'm trying to bring a little levity here. I have a couple -- another question about drug courts. We did a number of bills this year that passed unanimously. Drug court today has a -- it's kind of a one-and-done situation. You only get one chance at it. And in light of the fact that heroin, when you're addicted, seems to be a -- a -- a recurring thing, we amended that to allow for -- we -- we essentially eliminated the one-and-done provision in drug courts. Is that in this bill as well?
PRESIDING OFFICER: (SENATOR HARMON) Senator Kotowski.
Yes, sir.
PRESIDING OFFICER: (SENATOR HARMON) Senator Connelly.
Thank you, Mr. President. One last question. Does this limit opiate prescriptions for thirty days? Is there a limit?
PRESIDING OFFICER: (SENATOR HARMON) Senator Kotowski.
21 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Hold one second.
PRESIDING OFFICER: (SENATOR HARMON) Senator Kotowski.
I'm going to get back to you. Oh, it's -- I'm on the -- I'm on the speaker. I'll get back to you. We're looking at this very comprehensive piece of legislation. I believe that's been passed before. We sent it over to the House. But I'm looking to make sure that we included it in here. I -- I -- if you give me this indulgence, sir, I will come back and address it with you specifically.
PRESIDING OFFICER: (SENATOR HARMON) Senator Connelly, any further discussion?
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator.
I rise in support of this bill. As Senator Cullerton, Tom Cullerton, indicated a few minutes ago, this situation -- the situation in our county is -- is an epidemic. We have had too many kids, regardless of social background, two-parent households, highly educated, die from heroin overdoses. Last year -- and I won't mention this young man's name, but a kid I coached in AAU, who was the all-American kid, quarterback, DuPage County - I'm not going to mention the school - both parents highly successful, he separated his shoulder and they put him on painkillers, and he spiraled down to eventually dying of an overdose. He was my son's age, my son's friend, from a very, very wealthy and sound, solid 22 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 family. This can happen to anyone. I commend the sponsor for bringing this comprehensive bill. Yes, there are concerns about how we pay for this and how we pay for that. Tell that to the parents in my town, tell that to the parents throughout the State whose child has -- has spiraled, whose life has gone out of control, and they've lost their child. I strongly urge an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Connelly. Further discussion? Senator Bivins, for what purpose do you rise?
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator.
I want to be cautious in my comments because I realize there's a lot of folks that have gone through a lot of pain, even in this Chamber. We, in our community, in my hometown several months ago, within ten days, had three individuals overdose and die due to the use of heroin. So I'm not -- I -- I do have compassion for -- for those who have -- have gone through this and have suffered with this, and have dealt with this very issue for -- for many decades. And I want to share some thoughts going forward that -- I think some things we need think about not only here in our State, but across the country in our nation. I was just -- I just pulled up a -- a website and it's called the "Drug War Clock". I've never seen it before. I just saw it for the first time. So far this - - and it's a running clock. It -- it shows that we've spent so far this year as a country, state and federal, it looks like 23 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 seventeen billion dollars on the war on drugs. You know, we've been talking about this issue for decades. I've been involved in this issue for going on forty years and sat on many of these task force and talked about a lot of these programs, and there was a task force shortly after in my hometown, they talked about the red ribbons and education, and -- and we've had the D.A.R.E program. We've had, you know, countless, countless programs, and I guess one thought that occurs to me is, if more money would solve the problem, why hasn't the problem been solved? We have more of what we're trying to control. And as a final thought I want to share with you is, I -- I think that as we -- going forward we need to think about what we're doing in this nation. And for the years that I was sheriff, I had on my desk, taped, a quote - and it wasn't my quote; it was someone else's quote - that said "Everyone always asks what the cause of crime is or what causes crime", and it went on to say that fundamentally this is the wrong question to ask. The right question to ask is, "What causes virtue?" In other words, what causes people not to commit crime, not to do these things? I think that's what we need to -- to be focusing on and -- and talking to those people who -- who aren't involved and -- and go a different direction. You know, a lot of what we're doing is -- is almost the equivalent of the fire department showing up at the four-alarm blaze and turning the alarm off and leaving. We're -- we're -- we seem to be running in circles, and I think we need a -- a different thought, a -- a different structure, different direction in our country. And there are some good things in -- in this bill individually I would probably support. I -- I do struggle with we don't have the money. And -- and I -- I commend your efforts and -- and everybody else that wants to try 24 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 to solve this problem. So thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Our last speaker seeking recognition is Senator Trotter.
Thank you very much, Mr. President and Members of the Senate. To the bill.
PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator.
Thank you. Wow! Where have we been? This is not a new issue for the State of Illinois, nor for this country. This, as been pointed out by so many other eloquent speakers, is one, it -- it's something that impacts every ethnic group, every race, every socioeconomic group, every age group, every gender. This is something that is impacting not just DuPage County, but Cook County and Alexander County, Winnebago County. This is an issue that impacts all of us. We cannot afford not to do this. Talk about fifty-eight million dollars. It's been estimated that it'll cost us four billion dollars to address this problem from every aspect, from when we talk about public safety and the incarceration of these individuals that are addicted to these drugs to, one, the breaking up of families, the nuclear families, because we have individuals who are addicted to drugs. This is a comprehensive package that looks at, one, education of individuals of not to do drugs and -- and also to help them understand how to take the drugs that have been prescribed to them. It's about prevention, which is a whole entire cost in itself. It's about mental health costs that we have to pay the price for, for individuals who have become 25 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 disassociated with others because of their drug addictions and their confusion of -- of what they should do with their own lives. It's the cost to us that we have to deal with the crime of -- of theft and for all kinds of -- of illegal activities that surround this. Fifty-eight million dollars? Let's be serious. When we talk about how -- what it's costing us overall, it's pennies. This is something that we must do. As we're talking about getting our State back in order, getting it back on -- on an even keel, well, we have to also address those individuals that have been negatively impacted by us being little off kilter. So we -- we have work to do on this bill, on this issue, but this is a huge step. Don't get me wrong - this isn't a little step forward; this is a huge step forward for all of us as we grapple with how do we as citizens ensure that we deal with the quality of life for the individuals that we serve. And I very wholeheartedly ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Trotter. Senator Kotowski, to close.
Thank you, Leader Trotter. Thank you for encapsulating a lot of what needed to be said about this. You know -- so, if you break down the four billion dollars on untreated drug-related, whether they be -- whether it be addiction or overdoses or the fact that someone's been incarcerated regarding a drug charge or they have to go to court, or the fact that they've died, to -- to Leader Trotter's point, it's four billion dollars. And I know there's been a -- a number that's been cited over there; we don't really know what that number is because some of the agencies didn't respond to their fiscal notes. So all we know right now is that the cost is fifteen million dollars, and it's subject to 26 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 appropriations. An excellent point that was made by a previous speaker -- great deal of respect for my good friend, Senator McCarter, and personally what he's been through. I can only imagine how difficult it is and still is for him. And we've had discussions about this in the past, and he made a really good point about what you can get rid of so you can invest in -- in something like this. And there are things that I've pointed out on the Floor before about these special funds that have been in existence, and they shouldn't be. We should collapse these funds that have an - - excess dollars and -- and -- and the -- give the Governor the authority to do that, and I think the Governor's on the same page, to be able to provide these dollars to be able to fund this. But make no mistake, when you invest this type of money, it makes a difference and it saves lives. But, you know, to the Senator from Dixon, my good friend Senator Bivins, I -- I -- I just think it's important. I -- I -- I know you said you've reviewed the bill, but the bill I think includes a lot of provisions that you're concerned about, specifically as it relates to law enforcement and them being able to have those opioid antagonists that they can carry with them. Yes, that's the triage of it, that's the difficulty of it, but also being able to provide our law enforcement to save lives, with an opportunity to save a life directly. But there's, as you -- there's a component for schools to be able to educate students about prevention. There's -- there's provisions about proper dispensing. There's Prescription Monitoring Program. There's medication disposal. There is prescription deception and fraud in here. There's overdose information sharing. As I said, there's -- to Senator Connelly's point, there's a component in here - and appreciate his hard work 27 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 - drug courts and probation. There's components for -- Medicaid for people who can't -- you know, can't afford treatment. And -- and as Senator Trotter pointed out, this affects all people, people of means and resources and people who don't have any. So, we addressed the insurance component of it. And here's a -- a real key component here that I think is important: The insurance companies have not indicated that this is a new mandate. They haven't indicated that; hence their neutrality on this. So, there are so many components in this bill, this bill will never be perfect - it won't be - but that can't be the measure of evaluation for every single bill. You're never going to get a completely perfect bill, but this gets it pretty close to perfect and excellent as it should be. Yes, we can go on and build on it, but the fact that it doesn't address every single last solitary concern that you have is not an excuse to not vote for it. And the fact is, this is going to save lives. It's comprehensive. It addresses a whole host of concerns. It addresses a real-life epidemic. And the fact is, there's too many people who are suffering across the State of Illinois. I just want to commend, again, Leader Lou Lang for all his hard work, his -- all his effort, the fact he's worked for years on this, for months to neutralize opposition. We have the Illinois State Medical Society, IRMA. There's -- the Illinois Alcoholism and Drug Dependency {sic} (Dependence) Association. There's all these different groups who support it. Please vote Aye. Please do the right thing, the responsible thing. Please recognize that we're going to figure out a way to invest in this so we can address this epidemic and work together and solve a problem. Thanks. I ask for your support.
PRESIDING OFFICER: (SENATOR HARMON) 28 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Thank you, Senator. The question is, shall House Bill 1 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 voting Aye, 4 voting No, 6 voting Present. House Bill 1, having received the required constitutional majority, is declared passed. Senator Sullivan, for what purpose do you rise?
Thank you, Mr. President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR HARMON) Please state your point, Senator.
Thank you, Ladies and Gentlemen. I'll try to hold my composure a little better than my last point of personal privilege. But I do have two guests here with me on the Floor that I'd like to introduce. José, stand up here, if you would. To my right is José - and I'll try to get his last name - Ignacio Raccoursier. Thank you. José is from Chili and from a small town called Osorno. He's eighteen years old, a senior in high school. He would like to study to be a civil engineer at the University of Chili. He's been in -- he's been here in Illinois, living with a host family in Jacksonville, for about nine months. He's a part of the Rotary International program, and just a very bright young man. We were just looking at some information about his country and -- and he lives in a small town there in Chili, and a -- a good young man. To my left is a -- a young man that many of you may recognize, Grant Flynn. I first met him here on the Senate Floor when he was about that tall and he's grown up into a young man. He is the son of a former staffer, Jeremy Flynn, who is up in the gallery here. 29 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 But Grant's sixteen years old. He's going to be a senior in high school this fall. Ladies and Gentlemen, I'd like you to help me and join -- join me in welcoming both of these young people.
PRESIDING OFFICER: (SENATOR HARMON) Welcome to the Senate. The Chicago Tribune requests permission to take still photographs of the proceedings today. Seeing no objection, leave is granted. Going to continue on the Order of House Bills 3rd Reading. With leave of the Body, we're going to skip to page 19 to House Bill 245. President Cullerton. …Cullerton requests leave of the Body to recall House Bill 245 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading, House Bill 245. Mr. Secretary, have there been any Floor amendments approved for consideration?
Yes. Floor Amendment No. 2, offered by Senator Cullerton -- President Cullerton.
PRESIDING OFFICER: (SENATOR HARMON) President Cullerton, on the amendment.
Thank you, Mr. President. I'd like to adopt the amendment and debate the bill on 3rd Reading.
PRESIDING OFFICER: (SENATOR HARMON) President Cullerton moves for the adoption of Floor Amendment No. 2 to House Bill 245. All in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, have there been any further Floor amendments approved for consideration?
No further amendments reported. 30 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading, House Bill 245. Mr. Secretary, please read the bill.
House Bill 245. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) President Cullerton.
Mr. President, Members of the Senate, this bill is a trailer bill to House Bill 229. House Bill 229 allows McHenry, Lake, and DuPage county boards to propose by ordinance dissolution of units of local government. The trailer bill was requested by the House sponsor. It provides two -- has two provisions. Number one, it would exempt conservation districts from the bill so that they would not be consolidated, because of their unique nature. And it -- further provides that employees of a dissolved unit of local government would be transferred into the absorbing unit of local government and all their collective bargaining agreements would be honored. So be happy to answer any questions and ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Mr. President. Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 245 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 40 voting Aye, 16 voting No, none voting Present. House Bill 245, 31 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 having received the required constitutional majority, is declared passed. Continuing on the Order of House Bills 3rd Reading, House Bill 363. Senator Hastings. Do you wish to proceed? Mr. Secretary, please read the bill.
House Bill 363. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hastings.
Thank you, Mr. President. House Bill 363 amends the General Non {sic} (Not) For Profit Corporation Act of 1986. It adds that the failure to elect or maintain at least three directors to the list of reasons for which the Senator -- or the Secretary of State may dissolve a corporation. There are no opponents and I'll answer any questions.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall House Bill 363 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting No, none voting Present. House Bill 363, having received the required constitutional majority, is declared passed. Continuing on page 19. House Bill 573. Senator Noland. Mr. Secretary, please read the bill.
House Bill 573. (Secretary reads title of bill) 32 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Noland.
Thank you, Mr. President. House Bill 573 simply authorizes the Department of Human Services to transfer a piece of real property to the City of Elgin for just a dollar so long as the City of Elgin continues to use the property for public purposes. The proponents are, of course, the City of Elgin and the Department of Central Management Services. One would like to take the land; the other would like to get rid of it. Ask for Aye votes all across the board. Thanks.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall House Bill 573 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting No, none voting Present. House Bill 573, having received the required constitutional majority, is declared passed. House Bill 735. Senator Cunningham. Mr. Secretary, please read the bill.
House Bill 5 -- excuse me, 735. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Cunningham.
Thank you, Mr. President. House Bill 735 amends the Municipal 33 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Code. It provides that municipal funds shall not be used for advertisement featuring the name of an elected official. We added an amendment to this bill here and the House to allay some of the concerns of the Illinois Municipal League, and with that, there are no known opponents. I ask for the Chambers' support.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill -- 735 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, 1 voting No, none voting Present. House Bill 735, having received the required constitutional majority, is declared passed. We'll turn to page 20. House Bill 1360. Senator Biss. Mr. Secretary, please read the bill.
House Bill 1360. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Biss.
Thank you, Mr. President, Members of the Senate. House Bill 1360 requires charter schools to comply with non-curricular health and safety requirements. Happy to take any questions and I'd appreciate your support.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall House Bill 1360 pass. All those in favor, vote Aye. Opposed, 34 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, 2 voting No, 1 voting Present. House Bill 1360, having received the required constitutional majority, is declared passed. House Bill 1429. Senator Link. House Bill 1530. Senator Martinez. Mr. Secretary, please read the bill.
House Bill 1530. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Martinez.
Thank you, Mr. President. House Bill 1530 adds a new Section to the -- to the Department of Children and Family Services {sic} (Children and Family Services Act), which specifies the requirement of any child care facility authorized by the Department of Family -- Children and Family Services to provide temporary residential shelter services to children in the guardianship, temporary custody, or protective custody of the Department. This includes implementing protocols that requires assessments to evaluate behaviors that indicate the risk of elopement and physical aggression, establishing rules that prevent curfew violation, and adopting actions to locate and return the youth to the facility when they run away. This is an initiative of the Aunt Martha's shelter place, and I -- there -- I don't know of any other -- opponents to this bill. I ask for a favorable vote.
PRESIDING OFFICER: (SENATOR HARMON) 35 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Thank you, Senator. Is there any discussion? Seeing none, the question is, shall House Bill 1530 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 58 voting Aye, none voting No, none voting Present. House Bill 1530, having received the required constitutional majority, is declared passed. WAND- Television requests permission to videotape the proceedings today. Seeing no objection, leave is granted. Let's turn to page 21 on your printed Calendars. House Bill 2919. Mr. Secretary, please read the bill.
House Bill 2919. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Raoul.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 2919 creates the new offense of extortion. A person commits extortion when he or she knowingly obtains property, services, an advantage, or something of value, after inducing that person's consent to do so by threat of or actual fear or force or under the color of official right.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall House Bill 2919 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 36 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 question, there are 56 voting Aye, none voting No, none voting Present. House Bill 2919, having received the required constitutional majority, is declared passed. Ladies and Gentlemen of the Senate, the Senate will stand at ease for a few moments to allow the Committee on Assignments to meet. Will all members of the Committee on Assignments please report to the President's Anteroom immediately? The Senate stands at ease. (at ease) Senate will be in order. Mr. Secretary, Committee Reports.
Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Be Approved for Consideration - Motion to Concur on House Amendment 1 and 2 to Senate Bill 1229. Signed, Senator James F. Clayborne, Chairman.
PRESIDING OFFICER: (SENATOR HARMON) Mr. Secretary, Introduction of Senate Bills.
Senate Bill 2142, offered by President Cullerton. (Secretary reads title of bill) 1st Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Althoff, for what purpose do you rise?
Thank you, Mr. President. The Senate Republicans would like to caucus immediately, for about forty-five minutes.
PRESIDING OFFICER: (SENATOR HARMON) Senator Althoff, would you consider amending your motion for a thirty-minute caucus?
37 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Yes, sir. I'll amend my motion to a thirty-minute, but it might be thirty-five.
PRESIDING OFFICER: (SENATOR HARMON) We are always on standard Senate time around here, Senator Althoff. We're familiar with the -- with the stopwatch. Senator Althoff moves that the Senate recess for the purpose of a Senate Republican Caucus lasting thirty minutes. Seeing no objection, the motion is granted. The Senate now stands in recess to the call of Chair. After the Senate Republican Caucus, the Senate will reconvene for further Floor action. The Senate stands in recess to the call of Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR HARMON) The Senate will come to order. Will the Members please be at their desks? We're going to return to final action on House Bills 3rd Reading, if all Members within the sound of voice will be at their desks. We will be turning to page 21 of your printed Calendar, picking up with House Bill 3219. Will all Members within the sound of my voice please be at their desks for final action? Senator Martinez, do you wish to proceed with House Bill 3219? Mr. Secretary, please read the bill.
House Bill 3219. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) We're checking the paperwork, Senator Martinez, to see if 38 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 there's an amendment. We'll take that out of the record. Thank you, Senator. With leave of the Body, we'll turn to page 22 on your printed Calendar. House Bill 3240. Senator Brady. Senator Brady. Senator Brady, we're on House Bill 3240. Do you wish to proceed? Mr. Secretary, please read the bill slowly.
House Bill 3240. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Brady.
Thank you, Mr. President. Appreciate your patience. This bill amends the permit fees for people who do not conform with the rules and regulations specifically regarding waterways.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 3240 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, none voting No, none voting Present. House Bill 3240, having received the required constitutional majority, is declared passed. Continuing on page 22 of your printed Calendar is House Bill 3333. Mr. Secretary. Senator Haine requests leave of the Body to recall House Bill 3333 to the Order of 2nd Reading. Seeing no objection -- Senator Haine, I'm sorry, do you have an amendment to be adopted? If you'll -- if you'll bear with us for a moment, we're going to make sure our paperwork is in order. Senator Haine, my 39 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 understanding - I apologize - is the amendment has already been adopted. Senator Haine, I'm sorry, we had some confusion on our end as well. There's a committee amendment that the committee adopted, so it's a part of the bill already. Unless you believe you have a Floor amendment that we do -- Mr. Secretary, please read the bill.
House Bill 3333. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Haine.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. This is a -- a -- an -- a initiative of the Illinois Coalition of Appraisal Professionals and the Illinois Realtors, and the Bankers were a part of this too. It -- it clarifies what in a -- should be in statements prepared by licensed real estate brokers and managing brokers that are involved in real estate appraisals. It also establishes a fund that is to be paid -- that is to be created by a five-hundred-dollar fee charged to each real estate appraiser if the fund falls below a half a million. This fund is to be used solely to reimburse appraisers who are left really hanging with a bankruptcy of their companies, and it cannot be swept.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Haine. Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 3333 pass. All those in favor, vote Aye. Opposed, Nay. The voting is 40 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting No, none voting Present. House Bill 3333, having received the required constitutional majority, is declared passed. We'll continue on page 23 of your printed Calendar. House Bill 3444. Mr. Secretary, please read the bill.
House Bill 3444. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Jones.
Should be a Floor amendment, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Floor Amendment No. 1 has been adopted, so we're ready to go with the bill as amended. Senator Jones.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 344 {sic} (3444) deletes all and becomes the bill. It provides that if -- a vacancy in a municipal office occurs (if) a municipal office {sic} (official) fails to pay a debt to the municipality he or she serves. It provides that the vacancy shall not occur until the official receives a written notice, has the option to contest the debt at a hearing and receive a written determination, and the opportunity to contest the decision in the circuit court. I know of no opposition and look for a favorable vote.
PRESIDING OFFICER: (SENATOR HARMON) 41 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Thank you, Senator. Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 3444 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting No, none voting Present. House Bill 3444, having received the required constitutional majority, is declared passed. On page 23 of your printed Calendar, House Bill 3485. Senator Hunter. Mr. Secretary, please read the bill.
House Bill 3485. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hunter.
Thank you, Mr. President. House Bill 3485 basically creates the Fair Practices in Contracting Task Force. And I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 3485 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 54 voting Aye, none voting No, none voting Present. House Bill 3485, having received the required constitutional majority, is declared passed. On page 23 of your Calendar, House Bill 3538. Mr. Secretary, please read the bill. 42 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015
House Bill 3538. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator McCann. SENATOR McCANN: Thank you, Mr. President, Ladies and Gentlemen of the Chamber. Senate Bill 3538 simply requires county government to establish a system for the licensing of organizations to operate poker runs. We also have adopted an amendment previously that would carve out Cook County.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 3538 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 54 voting Aye, 2 voting No, none voting Present. House Bill 3538, having received the required constitutional majority, is declared passed. House Bill 3577. Mr. Secretary, please read the bill.
House Bill 3577. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Jones.
Thank you, Mr. President and Ladies and Gentlemen of the 43 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Senate. House Bill 3577 requires the Illinois Student Assistance Commission to establish a new four-year, need-based grant assistance program for persons enrolled or accepted for enrollment in a medical assistant's program at the {sic} Illinois public community college. This bill is subject to appropriation and it has no effective date. I know of no opposition -- opposition and I look for a favorable roll call. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall House Bill 3577 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 55 voting Aye, 1 voting No, none voting Present. House Bill 3577, having received the required constitutional majority, is declared passed. House Bill 3680. Senator Koehler. Mr. Secretary, please read the bill.
House Bill 3680. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Koehler.
Yes, thank you, Mr. President, Members of the Senate. This is an identical bill to the one we passed earlier this year; it's the (Interstate) Medical Licensure Compact Act. The reason we're passing the House version is that we forgot to add the immediate effective date. So this does that. When we last talked about this, we were hoping to become the seventh state to do the medical 44 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 compact. We missed that. We're going to be the eighth state now if we -- if we do that this summer, which makes sure that we then now have a representation on the board that decides the rules. So this is an important bill. I ask for your Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Senator Righter, for what purpose do you rise?
Will the sponsor yield, please, Mr. President?
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he will yield. Senator Righter.
Thank you, Mr. President. Senator Koehler, I know that we have acted on similar - not exact, but similar - language before. Since that time, I've had a handful of inquiries that actually made me think I -- I do not understand much about this process, and we're the only eighth state, so we're relatively early in line. What -- you made a comment there at the end of your opening that we need to do this in order to ensure that we will have representation on the board. Can you talk to me a little bit about that board? What is that board and what does that board get to decide?
Yes, thank you…
PRESIDING OFFICER: (SENATOR HARMON) Senator Koehler.
Yeah, thank you for your question. The -- the board is really the board that oversees the -- and negotiates the multistate 45 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 compact. What -- what happens in this is that everyone agrees that if there are standards that they all agree are -- are high standards and meets the qualifications of each state that when a person applies for a medical license in one state that it is then good in the other states in the compact. So this is just the board that oversees that process.
PRESIDING OFFICER: (SENATOR HARMON) Senator Koehler, are -- are you done or… Senator Righter, then.
Senator, what -- who -- who can serve on the board from Illinois? I mean, can it be -- can it be anyone? Can -- does it need to be a licensed physician? Who -- who can fill that slot?
PRESIDING OFFICER: (SENATOR HARMON) Senator Koehler.
It -- it -- it's not -- thank you, Senator, again. It would be an appointee by the Governor and presumably they would have a lot of knowledge about, you know, medical issues. Whether they have to be a physician or not, I don't -- I don't know that. I suppose they could be a -- an administrator as well. But they would really then promulgate the rules that would be binding on other member states. So this is the group that actually sets the rules for the whole compact.
PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.
So I get the impression there are no rules right now about who could be appointed to serve on this board from Illinois. Is 46 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 there any language in House Bill 3680 that would address that issue of who may or what qualifications an individual would need to have in order to serve on the board?
PRESIDING OFFICER: (SENATOR HARMON) Senator Koehler.
Okay. Could you repeat your question again? I'm sorry, I've got too much information in my head right now, Senator.
PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.
Absolutely, Senator. The question -- we're talking about who can serve on the board and I'm -- I'm curious if there are any criteria in place for who can serve on that board, either in the language, preliminary language with regards to the compact itself that may already exist, or is there language in House Bill 3680 that outlines some base criteria for who could be appointed to this board?
PRESIDING OFFICER: (SENATOR HARMON) Senator Koehler.
Not specifically that we can find right now. We'll -- we'll continue to look. But according to the information I have here, it says that it might be appointed by the -- the state from the current medical board. So it might be somebody that's already had experience in -- in -- in working on these issues, and that would make some sense.
PRESIDING OFFICER: (SENATOR HARMON) Senator Righter. 47 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015
I -- thank you. Just a quick follow up on that one. You said who currently serves on the medical board. Which board are you referring to?
PRESIDING OFFICER: (SENATOR HARMON) Senator Koehler.
The State Medical Board.
PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.
Last area, and thank you for your indulgence, Mr. President. The -- are there in place now any kind of standards with regards to -- I mean, the whole point of this is efficiency. I understand that. You become part of a multistate compact so that someone who becomes licensed to practice medicine in one state can then -- if they move -- the family moves to -- to Illinois, then doesn't have to go through the complete licensure process that someone who had never been through it before would have to go through. The question I have is, is that how does Illinois protect itself from being part of a compact where a -- a -- someone -- a physician in another state comes to Illinois but perhaps they don't need to be as qualified as that same person would need to be in Illinois in order to become a physician? I mean, in other words, does -- do we go to the lowest common denominator by being part of the compact, and is the lowest bar by whatever state's out there, is that too low for Illinois? How do we -- how do we deal with that issue?
PRESIDING OFFICER: (SENATOR HARMON) 48 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Senator Koehler.
Well, that's -- that's the importance of us having representation on -- on the new compact board, because I think it's got to be an acceptance of all those standards. I mean, you're going to have a number of states in there that you know are not going to want to resort to the -- the lowest common denominator; they're going to want to have those standards very high. Where this is going to effect change is -- is primarily I think in rural areas, where you have medical organizations that will rely on telemedicine more in the future; you've got more organizations now that are multistate. I'll just use an example of UnityPoint, which was really the -- the -- the group that brought this bill to me. They're headquartered in Iowa. They have hospitals in Illinois and Wisconsin. This is important so that they can have, you know, one network and -- and one group of physicians that can, you know, travel in -- you know, throughout their network. But I think, for telemedicine, it's very important, because we're going to want to have experts that are available to people in rural areas that just aren't serviced by them right now. But I don't see that there's going to be any move or any threat to Illinois of having to -- to accept a lower standard.
PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.
To the bill, if I might, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator.
49 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Thank you very much, Ladies and Gentlemen of the Chamber. First of all, Senator, thank you for engaging in the dialogue and for your sponsorship of the bill. And I think that you are exactly right; I think that engaging in this kind of compact in a thoughtful and deliberative way is particularly critical to the rural areas in this State where you, quite frankly, have a shortage of professionals. This will in some instances, in my district and across all downstate, hopefully expedite the process of bringing physicians to Illinois. So, thank you very much, Senator Koehler. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any further discussion? Seeing none, Senator Koehler, do you wish to close? Senator Koehler.
Just to comment on that. Thank you, Senator Righter. You're exactly right, and just reading a little bit further, it -- it -- it still is -- is going to be necessary for a physician to meet our standards. What this does is it expedites the licensure so that that person can practice in Illinois; it doesn't lower the standards. But it -- it's a very good bill and I think it's something that's going to catch on even more across the United States. I'd encourage an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. The question is, shall House Bill 3680 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting No, none voting Present. House Bill 3680, having received the required constitutional majority, is 50 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 declared passed. Senator Rose, for what purpose do you rise?
Point of personal privilege, if I may.
PRESIDING OFFICER: (SENATOR HARMON) Please state your point, Senator.
Ladies and Gentlemen, I'm very pleased today to have with me as my honorary Page for the Day, Ryndi Runyon. She just graduated the fourth grade two days ago, the same day that she turned ten, in fact. Her favorite subject in the fourth grade was art. She loves softball and is currently on the Hello Gorgeous girls' softball team. So, if we could welcome her to Springfield, I'd appreciate it.
PRESIDING OFFICER: (SENATOR HARMON) Welcome to the Illinois State Senate. Continuing on the Calendar on page 24, House Bill 3686. Senator Stadelman. Senator Stadelman seeks leave of the Body to recall House Bill 3686 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading, House Bill 3686. Mr. Secretary, have there been any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Stadelman.
PRESIDING OFFICER: (SENATOR HARMON) Senator Stadelman, on the amendment.
Mr. President, Members of the Senate, the amendment includes language that leads to an agreed bill with the Department of Veterans' Affairs. It says that the Veterans' and Military Discount Program {sic} (outreach program) is subject to resources. 51 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 I move that the amendment be adopted.
PRESIDING OFFICER: (SENATOR HARMON) Senator Stadelman moves for the adoption of Floor Amendment No. 1 to House Bill 3686. Is there any discussion on the amendment? Seeing none, all in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading, House Bill 3686. Mr. Secretary, please read the bill.
House Bill 3686. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Stadelman.
Thank you, Mr. President. House Bill 3686 creates the Veterans' and Military Discount Program, which will be established by Department of Veterans' Affairs and will allow veterans to use their photo IDs at participating merchants to receive a discount on goods and services or other appropriate money-saving promotions. This is a mutually beneficial program. It'll allow veterans in the State to save money on discounts on goods and services, but also helps business owners to enjoy increased traffic and sales in the stores. As with the amendment, it is an agreed bill with the Department of Veterans' Affairs. I ask for an Aye 52 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 vote.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Senator Rose, for what purpose do you rise?
Question of the sponsor, if I may.
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he will yield. Senator Rose.
Thank you, Mr. President. Senator Stadelman, there -- there's been a -- a change in this bill from its original hearing in the Senate. Can you tell us what is different in the amendment that we just adopted on the -- on 2nd Reading?
PRESIDING OFFICER: (SENATOR HARMON) Senator Stadelman.
Yes, as I indicated, it simply says that this program is subject to resources of the Department of Veterans' Affairs and this is agreed-upon language that allows them to implement the program.
PRESIDING OFFICER: (SENATOR HARMON) Senator Rose.
So that "subject to resources", usually we use the phrase "subject to appropriations". What's the change and why did you divert from the normal phrasing that we use in the General Assembly?
PRESIDING OFFICER: (SENATOR HARMON) Senator Stadelman. 53 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015
Well, I believe there's an understanding that this program could be implemented and a potential outreach program could be implemented with the available resources. They were just concerned that, by not including this language, there could be a requirement that they may not have the resources to do it. This will be up to them to implement this program. It could be very simple. Right now, veterans really have no way of finding out what businesses may want to offer them discounts. And they could -- the Department could simply just put it on a website or some type of centralized storage database and it'll be up to the Department to figure out how to connect veterans to businesses. It could be very simple. But I think that this will allow the veterans' Department to decide on their own what type of program they want to implement and what kind of outreach program they want to use.
PRESIDING OFFICER: (SENATOR HARMON) Senator Rose.
And I understand the purpose of the bill. I'm just -- I'm curious as to why we've now departed from the standard verbiage we use, which is "subject to appropriations", and instead are inserting "subject to resources".
PRESIDING OFFICER: (SENATOR HARMON) Senator Stadelman.
Well, right now, it's not a line item and I guess I believe that this can be implemented and executed without any type of appropriations, and it can be done with the current staff that it currently has. 54 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015
PRESIDING OFFICER: (SENATOR HARMON) Senator Rose.
That was the -- that's the -- that's the answer I was looking for. So have you talked to the Department then about what their intention is to do with this program?
PRESIDING OFFICER: (SENATOR HARMON) Senator Stadelman.
I have talked to the Director and they were comfortable with this language. Again, it's going to be up to them to implement it and execute it how they see fit with the -- the resources they have, and they seem comfortable with that language.
PRESIDING OFFICER: (SENATOR HARMON) Senator Rose.
…you -- thank you for the indulgence. I look forward to voting for the bill.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Further discussion? Senator McCarter. SENATOR McCARTER: To the bill.
PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator. SENATOR McCARTER: Some might notice there -- there was -- there were a few No votes in the committee on this. That was on the original bill. I want to commend the sponsor for coming back with the amendment that does make this somewhat permissive, somewhat does allow the 55 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Department to determine the scope of this program and prioritize that with its many other duties. Thank you. Urge an I…
PRESIDING OFFICER: (SENATOR HARMON) Ladies and Gentlemen, the dull roar is raging here, if folks could keep their conversations down a little bit so the speakers can hear each other. Thank you very much. Further discussion? Senator Stadelman, do you wish to close? Senator Stadelman.
Yeah, I'll just say that, you know, there's no way to adequately repay our nation's veterans for their sacrifice and service and I think we can demonstrate our gratitude as a General Assembly by offering this type of program that helps them financially. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. The question is, shall House Bill 3686 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, none voting No, none voting Present. House Bill 3686, having received the required constitutional majority, is declared passed. WLS-TV requests permission to video-record the proceedings. Seeing no objection, leave is granted. Senator Lightford in the Chair.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McCarter, for what purpose do you rise? SENATOR McCARTER: Point of personal privilege.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your point, Senator. 56 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 SENATOR McCARTER: Ladies and Gentlemen, I -- I've kind of had a tough time voting today 'cause some of these bills were really getting challenging, so I -- I called in some wisdom and asked by beautiful bride of thirty-one years to sit here and help me out. So I would ask you to welcome her. Victoria is here.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Welcome to the Illinois General Assembly. On page 23, House Bill 3593. Senator Connelly. Senator Connelly seeks leave of the Body to return House Bill 3593 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 3593. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Connelly.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Connelly, on your amendment.
Thank you, Madam President. I move to adopt the amendment and I'll discuss it on 3rd.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading is House Bill 57 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 3593. Senator Connelly. Mr. Secretary, please read the bill.
House Bill 3593. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Connelly.
Thank you, Madam President and Members of the Senate. House Bill 3593 amends the Public Community College Act. It provides that employment contracts entered into with an employee of a community college with a determinate start and end date may not exceed four years. It may not include any automatic rollover clauses, and must be renewed or extended during an open meeting of the community college board. It also places a limitation on severance to one year's salary and applicable benefits. This is a bill that is, in -- in some measure, a response to some of the abuses, if you will, at the College of DuPage that occurred this year. I ask for an Aye vote and will answer any questions.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Senator McCarter, for what purpose do you rise? SENATOR McCARTER: Question of the sponsor.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Sponsor indicates he'll yield. Senator McCarter. SENATOR McCARTER: Senator, can you -- can you explain a -- a rollover contract and -- and why that was a problem and why eliminating this will 58 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 correct that problem?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Connelly.
Thank you, Senator McCarter. In the case of the College of DuPage, who had a rollover, it automatically renewed a contract without there being a public discussion, public notice, and a public vote. This bill will require any rollover, any extension of a contract, any new contract too, to be voted on publicly by the community college board.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McCarter. SENATOR McCARTER: So, even though, as it -- it specifically states there's no rollover contracts, the board, if it is in the -- according to the Open Meetings Act, could extend a year-to-year contract for a period of time. Is that correct?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Connelly.
You can extend a contract, but you have to vote on it. That's what's critical.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McCarter. SENATOR McCARTER: To the bill. You know, I think the one thing that was totally agreed upon in the committee was that transparency is needed. Whether it's the College of DuPage, whether it's my community college, transparency is a good thing. Even by the opponents, 59 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 that -- that was agreed. And I think the changes that are made here, the -- that an extension can now still be made if it's according to the Open Meetings Act, is a good thing. And so, I - - I do know too that the -- the sponsor has agreed to continue to talk about this -- through the -- through the summer and -- and is open to making it an even better bill. But I think right now this a good bill. I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul, for what purpose do you rise?
Question of the sponsor.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The sponsor indicates he will yield. Senator Raoul.
Senator Connelly, how is a one-year severance -- how -- how'd you come upon that limitation?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Connelly.
It was -- it was part of the initial bill and we thought one- year severance and applicable benefits was a -- was a -- was the right place to be.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
And -- and then the four-year -- the four-year contract limitation, how'd you come upon that number?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Connelly. 60 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015
That, too, Senator, was negotiated at the House level. I -- I've spoken to a representative of the community college boards and they thought four years was -- it was originally -- there was talk of six, but they thought four would be a better place to -- to -- to leave it at.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
To -- to the bill. As -- as -- I appreciate the sponsor's effort to respond to the problems that occurred at the College of DuPage and I think some of those, as has been -- as has been highlighted, are -- are quite outrageous. I think one of the things that we have to be careful of -- and -- and I came to this Chamber from working as an in-house counsel for a community college district that covered seven community colleges, and -- and in all of our -- in -- in approaching all of our public higher education institutions, we have to understand that they're in competition with higher education -- institutions across the country for talent and sometimes you get that talent by making a long-term commitment to a -- to -- to that talent. In this case, if you were to have a four-year contract, let's say with a community college president, and something occurred where, in the first year, you want to discharge that community college president and you're in a employment negotiation where it might be prudent for the -- the district to offer a year and a half severance in order to protect against protracted litigation, you're limited to a year severance, where there may be three and half years left on a contract that you're left on a hook for, and so I think that's one of the dangers 61 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 of -- of what we do when do reactionary-type legislation. We need to be very careful not to tie the hands of -- of the boards of trustees of community college districts or other higher education institutions. There are going to be times when they make awful mistakes, but sometimes when we try to respond by limiting what they can do, we tie their hands in a way that may cost them more money in the long run.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Sullivan, for what purpose do you rise?
Questions of the sponsor, please.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The sponsor indicates he will yield. Senator Sullivan.
Senator Connelly, we've debated this legislation in committee over the last several days. As you well know, I have a number of community colleges in my district. There -- there is a fear amongst some of the community colleges and the boards of trustees that this legislation could limit them having a long-term employment relationship with their president or employees. Would you agree or disagree with that scenario?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Connelly.
I would disagree respectfully, in that if you have a successful -- college -- community college president and, after year two, the board says we'd like to extend -- we want to keep this person, this man or woman, they can -- they can, at that 62 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 point, enter into another four-year contract. I think four years is a long time. Having been in the House, I can tell you four years is a much longer time. But I do think that -- and -- and, again, I want to put this on the record, thank you for -- for the time we've spent on this bill, both in committee and our offices. But this does give the -- the community colleges the ability to extend, whether it's after year one, two, or three, and -- and I would say that that would be a significant -- lengthy contract.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Sullivan.
Thank you, Madam President. To the bill, if I may.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Yes, please. To the bill, Senator.
Thank you. I -- I just want to thank Senator Connelly for his work on this. I -- I don't believe that this is a perfect bill yet. The -- the situation that arose that has caused us to be to this point, I think was a grievous situation. I think it had to be addressed. I know that the -- the -- that the sponsor has agreed to continue to work on this. I know Senator Cunningham has also spent a great deal of time on it. I -- I have a tremendous relationship, we're -- good -- good working relationship with my community colleges and the presidents of those colleges. They have not -- those colleges have not abused their employment and their abilities there, working with their -- with their trustees and with their staffs and with their colleges, and so the -- the sponsor has agreed to continue to work on this. I think -- I think this addresses some of the problems. I don't think it's, as 63 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 somebody had said earlier, it's not soup yet. I don't think this is the final version. I would hope over the course of the summer that working with Senator Cunningham and Senator Connelly that we could make this good bill even better. Thank you, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) You're welcome, Senator. Senator Nybo, for what purpose do you rise?
To the bill, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill, Senator.
I just wanted to take the opportunity, Madam President, to commend Senator Connelly on his leadership of this issue. And -- and Mike and I have talked a lot about what's been happening at the College of DuPage. I think he's done some real incredible work on this. I'm very proud of him as a fellow resident of DuPage County, what he's done to help improve this situation. You know, College of DuPage has had its issues, but I just read in the Tribune this morning that it's actually seen a -- a rise in applications. The College of DuPage is a great institution and it's unfortunate that it's been tarnished with -- with some bad decision-making over there, but what Mike has done to help improve that situation, what the College is doing to help improve that situation, I think we're back on the right path. And, Senator Connelly, congratulations. Thank you for carrying this. You've done a great job.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Cunningham, for what purpose do you rise? 64 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015
To the bill, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill, Senator.
It's been pointed out that this bill has been brought as, largely, a reaction to what happened at the College of DuPage, and -- and that certainly is true, but I think it -- it's important to point out that it addresses a potential problem that could be playing out at a -- a number of community colleges, and that's this idea of these rollover provisions in these contracts. That -- what happened at College of DuPage could be happening anywhere, as a president can roll over the contract, extend the contract by merely sending a letter to the -- the members of the board. In fact, we heard testimony in committee that indicated that these rollover provisions are very common throughout the State among many of our community colleges. Why is that a problem? Obviously, there's a real transparency problem with that. There's no debate going on in the county board -- or, I'm sorry, in the -- in the college board about -- about that bill -- or about that element, about that extension, so the public doesn't have a chance to -- to rein in on it and -- and -- and question it. The other problem is, remember, when there are -- are high severance payouts, when there are rollovered contracts at -- at sizable amounts, that's fine, we want our community colleges to be competitive, but don't forget who pays the pension bill - we do. That -- that bill is sent to us. So I think it's very appropriate for the General Assembly to weigh in on this and to put caps, particularly on rollover provisions, in fact end rollover provisions. So I commend 65 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 the -- the sponsor for this bill and I look forward to supporting it. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Connelly, to close.
I -- I want to thank all those who spoke on this bill and the questions and those at committee who asked a lot of questions. As Senator Sullivan said, this is not a perfect bill. This is probably not the end product. I know that Senator Cunningham has a committee this summer that will be meeting. I intend to bring this up there again. I have read the Senate -- Senate Democratic Caucus report on compensation on higher education - troubling is a word that comes to my mind. I look forward to working with you, Bill. I respectfully ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall House Bill 3593 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, 1 voting Nay, 0 voting Present. House Bill 3593, having received the required constitutional majority, is declared passed. Please direct your Calendars to page 24, page 24, on the order of House Bill 3765. Senator Manar. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.
House Bill 3765. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 66 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Senator Manar.
Thank you, Mr. President. This bill came to me from a town hall meeting I had here in Springfield last year. It creates the Springfield High Speed Railroad Community Advisory Commission, made up of nine Springfield residents who will have the authority through the legislation to convene city, county, and IDOT officials to ensure a couple of very important things: first, transparency; and, second, compliance with all State, federal, and local employment and contracting goals in completion of the high speed rail project through the City of Springfield. This is a project that, as we've discussed in committee, will transform the city. It will take place over the course of a decade and spend hundreds of millions of dollars, and this group is intended to be a one- stop shop for all things related to contracting. Look forward to any questions, Madam President. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Is there any discussion? Senator Murphy, for what purpose do you rise?
Question of the sponsor, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Sponsor indicates he will yield. Senator Murphy.
Senator, do you think you'll be closing on this bill or are you going to ask Senator Kotowski to close on this one?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Manar.
67 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 I -- I have incredible respect for my colleague Senator Kotowski, but I think I can handle this one, Senator Murphy. Thank you for the inquiry.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Murphy.
To the bill. I have the upmost confidence in your ability to close on this and, really, any other bill, whether it's yours or not. But, congratulations on your work on this. Look forward to supporting it.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Oberweis, for what purpose do you rise?
Question of the sponsor.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Sponsor indicates he will yield. Senator Oberweis.
Senator, I have the upmost confidence in your ability to close also, but I believe I heard you say that this would cost hundreds of millions of dollars. Is that correct?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Manar.
The bill itself would not cost hundreds of millions of dollars. The -- the project through Sangamon County and, more specifically, the City of Springfield will -- will -- will cost hundreds of millions of dollars. It will be a combination of funds that are available through the Federal Rail Administration, county funds, city funds, and State funds to improve Amtrak and freight 68 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 trains' ability to pass safely through the east side of Springfield.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Oberweis.
Senator, do you have an estimate of how much State funds will be necessary to meet this obligation?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Manar.
I don't have an estimate today. What I can tell you, Senator Oberweis, is that the work has begun on Carpenter Street and nearly all of the funds that are going to be utilized through the City of Springfield are going to be federal pass-through dollars that come either to the city or to the State or will be funds that are provided by private rail carriers that will utilize the lines as well. So, depending on which piece of the project, depending on how quickly it advances, that will determine the makeup of whether the funds are local, State, or federal, or private in some cases.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Oberweis.
So I'm not quite sure I'm clear. You don't have an estimate on how much State funds will be required. Do you have an idea from which program we're going to take those funds? Are they going to come from funds for the disabled, from funds for the homeless, from school funds, or where would the funds come from?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Manar. 69 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015
So, with -- with all due respect, Senator Oberweis, that is not anywhere in this bill. This bill sets forward a public body, made up of appointees from the City of Springfield, to act as -- as a public body to look at transparency and accountability for how money is spent. Regardless of where it comes from or -- or who spends it, if it's spent on high speed rail, there needs to be one place where the public can go to see how their money is being spent and, more importantly, in my mind, whether or not hiring goals for minority and female businesses are being met with the project. So -- so, right now, there's one piece of a larger project underway, which is the Carpenter Street underpass, and if you went over by St. John's Hospital, you would see it today being constructed. That's going to be ongoing for well over a decade, I would imagine. And this is intended not to say we should spend more or less on high speed rail, it's intended to say that residents along the line and residents of Springfield, taxpayers in Springfield, should be able to go to one place to ask questions about what undoubtedly is a very large project that's going to spend hefty sums of money.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Oberweis.
To the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill, Senator.
I think the idea of -- of high speed rail here for Illinois is certainly a wonderful idea. My real concern, though, is that 70 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 we're -- we're moving down the road, making assumptions that money, hundreds of millions of dollars are going to be available at a time when our budget is in deep financial stress - we don't know how we're going to get money to take care of those most in need in the State - and that causes me a -- a great deal of concern. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator -- Senator Manar, to close.
Thank you, Madam President. I appreciate the questions. Once again, this came from a constituent on the east side of Springfield at a town hall -- it came from a conversation about how to make government serve the City of Springfield, specifically the east side of Springfield, better. And I simply ask for an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall House Bill 3765 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Maybe? Now the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Aye, 0 voting Nay, 3 voting Present. House Bill 3765, having received the required constitutional majority, is declared passed. Continuing on page 24 with House Bill 3909. Senator Cunningham. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.
House Bill 3909. (Secretary reads title of bill) 71 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Cunningham.
Thank you, Madam President. House Bill 3909 is an initiative of the State Fire -- Fire Marshal. It amends the Property Fire Loss Act and it just helps match up some references that are also in the Freedom of Information Act. I know of no opposition. Would appreciate the Chamber's support.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 3909 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. House Bill 3909, having received the required constitutional majority, is declared passed. Senator Haine, on House Bill 4006. The gentleman indicates he wish to proceed. Mr. Secretary, please read the bill. Senator Haine seeks leave of the Body to return House Bill 4006 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 4006. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 4, offered by Senator Haine.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine, to discuss the amendment.
Thank you, Madam President, Ladies and Gentlemen of the Senate. Floor Amendment No. 4 retains the underlying bill, which 72 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 establishes the George Bailey Memorial Burn Program, which was an initiative of a citizen, the family of a working man who literally died of his burns some years ago. And it retains the underlying bill and removes the Fire Prevention Fund as the secondary funding source, short term, and replaces it with the Fire Truck Revolving Loan Fund for one year, and that's the result of some wonderful input from George Korda of the State Fire Marshal's Office.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
Floor Amendment No. 5, offered by Senator Haine.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine, on Amendment No. 5.
Thank you, Madam President and Ladies and Gentlemen of the Senate. This clarifies that the funds received from that fund will be repaid as the money comes in from the fines established to -- to keep the program ongoing, which is the serious arson or aggravated arson charges.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Are there any discussions? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported. 73 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading is House Bill 4006. Senator -- Mr. Secretary, please read the bill.
House Bill 4006. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.
Thank you, Madam President and Ladies and Gentlemen of the Senate. This provides that a burn victim, through no fault of their own, becomes disabled and has been diagnosed by two independent physicians that her -- his or her prognosis is that they have less then eighteen months to live and they are entitled to Social Security, will receive a five-month amount equal to that Social Security from this fund and it will be repaid to the fund, which will keep it ongoing, when they receive Social Security. If they have source -- other sources of income, of course, this would not be applicable. These are indigent burn victims, as was George Bailey.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall House Bill 4006 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. House Bill 4006, having received the required constitutional majority, is declared passed. Senator T. 74 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Cullerton, Senator Tom Cullerton, on House Bill 4025. Senator Cullerton, on House Bill 4025. Out of the record. Senator Steans on House Bill 4096. On -- please turn your Calendars to page 25, please, on House Bill 4096. Senator Steans seeks leave of the Body to return House Bill 4096 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 4096. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Steans.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans, on Amendment No. 1.
Yes, this amendment deletes all, becomes the bill. I'll explain it on 3rd.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Steans.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans, on Floor Amendment No. 2.
Yes, this does some clarification to the prior amendment which becomes the bill and I'll explain them both together on 3rd.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor 75 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading is House Bill 4096. Mr. Secretary, please read the lady's bill.
House Bill 4096. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans.
Thank you, Madam President, Members of the Senate. It's a pleasure to hear your voice up in the rostrum. This bill is moving the Individual Care Grant program from the Department of Human Services to the Department of Healthcare and Family Services. We have worked with the Governor's Office and the Departments and we are in agreement on the bill. There are -- there are no opponents. It's to try to better improve the definitions that are applying to the use of these sources to get mental health services to kids earlier on, so that they're not having to be taken away, placed into -- becoming wards of the State under DCFS in order to access mental health care services. The program had not been working very well. I think all involved believe that this move is going to make it work better to get those services earlier for kids. I would urge your Aye vote. Thank you. 76 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall House Bill 4096 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 4096, having received the required constitutional majority, is declared passed. Senator Sandoval, for what purpose do you rise?
Madam President, a point of personal privilege.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Please state your point, Senator.
Madam President, Members of the Illinois Senate, I'd like to give a warm welcome to a -- a person in my life that has put up with me for over twenty-five years. There is someone that does have reins on this man's life and she's -- at times serves as a brake also in my life, and she is the -- the mother of my three beautiful children and she's a done a wonderful job. And she's here to visit me on these final days of this Session. I'd like to give a warm welcome to my lovely bride, Marina Sandoval.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Welcome to the Illinois General Assembly. Now I know who to call. Ladies and Gentlemen of the Senate, the Supplemental Calendar No. 1 has been passed out. It is on your desks. We will be going to the Order of Secretary's Desk, Concurrences, Senate Bill 1229. On Senate Bill 1229, Senator Harmon. Mr. Secretary, please read the motion. 77 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015
I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 1229. Signed by Senator Harmon.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
Thank you, Madam President, Ladies and Gentlemen of the Senate. I am moving to concur in the House amendment to Senate Bill 1229. It would amend the Public Labor Relations Act to extend to all State employees the existing impasse resolution method known -- known as interest arbitration. I'd be happy to answer any of your questions.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Senator Murphy, for what purpose do you rise?
Question of the sponsor.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Sponsor indicates he will yield. Senator Murphy.
Senator, this -- I -- I think when this bill left the Senate, it left as a shell and we were given assurances at that time that it would only be used for unemployment insurance issues, which this clearly is not. Can you explain why that commitment was not kept?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
78 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Thank you, Madam President. Senator, I think you may be confused. I believe this left the Senate as a medical compact bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Murphy.
Indeed, I am confused. Thank you for the clarification. To the bill. To the bill. Look, we've got a process in place for how this is negotiated, how contracts are negotiated between employees and the people, the taxpayers who are going to pay for it. This has worked for years. Labor didn't come and try and change this process all those years when they were fleecing Governor Quinn or, even worse, Governor Blagojevich. But now that there's a different Governor in here, all of a sudden the process doesn't work. And I -- and I think when you think about the process -- and I know we've spent a lot of time this week on process, but think about this: There's a negotiation. On one side of it is the interests of the people of Illinois, the taxpayers. The one person best positioned to represent the taxpayers, the one who represents all of them, is the Governor. The other side are the employees who are going to work for the people. But what we're going to say is, is that the one elected representative of all of the people, we're going to say, because this one new guy that, let's be candid, you guys don't -- aren't terribly fond of right now, because he's going to do the negotiation, we're going to change this construct that clearly makes more sense than what you're going to do. You're going to replace the one elected representative of all of the people, you're going to replace that person and their judgment and their 79 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 opportunity to be our representative collectively with an arbitrator, who is responsive to no one, who's elected by no one. This doesn't make any sense. This is completely reactionary. This is totally out of spite toward a Governor who is trying to bring back in to balance the relationship between the -- the public employees who work for the people and the taxpayers who pay for 'em. This is totally reactionary. It is -- it is not responsible. You've put this together at the eleventh hour. This isn't the right thing to do. We're -- we're making lasting policy here. This isn't just for this contract; this is the law indefinitely when you make it. Think about that. Bruce Rauner won't be Governor for forever - maybe longer than you guys like, but he won't be Governor for forever. And one of these days maybe you'll have somebody who's a little more amenable to your side again, and you'll wish you had never done this. This is bad long-term policy. Don't let the politics of the individuals involved today drive bad policy for the long term. That's what this bill does. I urge a No vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
Thank you, Madam President. I -- I need to clarify -- respond to some of those things, because they were just flat wrong. I think Senator Murphy may still be reading the medical compacture {sic} bill. Let's be straight, first of all, this a four-year change in the law, goes through 2019. So it applies to any contracts negotiated in that four-year period. Second, I think folks need to understand what interest arbitration is. It says if folks reach an impasse in negotiation, you solve it by making your 80 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 best and final offer and the arbitrator chooses. It forces moderation. Under normal circumstances, the threat of a strike would force moderation, but it appears clear to me and to many others that when one side actually is courting a strike, that moderating influence disappears. This would eliminate the labor union's ability to strike. This is a significant thing, I grant you that; but interest arbitration creates moderation. That's what we want, and we want to do it in a way that is least disruptive to critical State services, that allows the State to continue to function even if labor negotiations are at an impasse. This is not in any way an irresponsible thing to do, given what we are facing. Thank you, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) You're welcome, Senator. Further discussion? Senator Righter, for what purpose do you rise?
Thank you, Madam President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR LIGHTFORD) The sponsor indicates he will yield. Senator Righter.
Thank you, Madam President. Senator, I caught something in your answer to Senator Murphy's comments that -- that is very interesting to me. You said that typically the balance that we have under current law provides for the -- incentivizes moderation, but you at least implied that if one side or the other is courting the other side to do something or not negotiate in good faith, then that balance is thrown off, hence the need for the bill. Is that a -- I mean, is that -- I walked a little further than what you said, but is that -- is that generally right? 81 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
Thank you, Madam President. Senator, from all public reports, it appears that the negotiations are not going well and public statements have been made that suggest, to me at least, and I think to others, that at least one side of the negotiating table would be quite happy to force a strike or a lockout.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.
Senator Harmon, now it is my understanding that shortly after -- and, I mean, let's peel off the "Oh, who are we talking about here"; we're obviously talking -- you're -- you're -- you're talking -- you're referring to the Governor. Let's rewind a little bit. The Governor began his negotiations with the union in January, the same month that he became Governor. Is that correct?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
Thank you, Madam President. Senator, I -- I don't know for certain when negotiations started. My understanding is they have been ongoing, at least in name, for some time.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.
Well, I have -- I have, after learning a little bit about this proposal, talked a little bit with the Governor's Office, and -- and if you have information to the contrary, I -- please share 82 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 it with the Chamber. The Governor's Office started the negotiations in the same month in which he became Governor; that both sides have traded proposals with regards to non-economic issues; and that, as we stand here today, the Governor's Office has actually put out its proposal on economic issues and we are waiting on the other side to put their proposal out. In the context of that information - and, again, if any of that's incorrect, you -- please -- please correct me - but in the context of that information, how -- how is it that we are supposed to understand that the Governor's Office is courting a strike?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
We may have to go through rough times. We may have to do what Ronald Reagan did with the air traffic controllers. Sort of have to do a do-over and shut things down for a little while, that's what we're going to do. That's what Governor Rauner said.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.
Well, rhetoric is rhetoric, Senator, and, I mean, I guess we can go ahead and we can -- we can move a bill that will fundamentally change the balance of the negotiations based on quotes out of a newspaper. I wonder, though, Senator, did you feel this way when the Quinn administration took thirteen months to reach their agreement with this same union four years ago, when I think we -- we would all agree that there was very much public bitterness out there traded back and forth between the administration and the union? Did you have this same angst four 83 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 years ago when the Quinn administration was in office?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
Thank you, Madam President. Certainly, Senator, I was concerned that the negotiations were taking as long as they took, but I don't recall anyone threatening to strike. I don't recall anyone threatening a lockout. Negotiations were ongoing, presumably in good faith with whatever ups and downs there may be. And as you'll see, a contract was signed without a strike.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.
Well, that's true, but remember -- remember the timeline we're dealing with here. The contract the Quinn administration was in office for expired on June 30th, 2011. It took thirteen months, all the way to the summer of 2012, to reach an agreement. We are five months into this negotiation - again, I will remind you, a negotiation that began in January, where they have traded proposals on non-economic issues, where the Governor's Office has put out its proposal on economic issues and the union has not responded. So, I'm just -- I guess, I'm asking, if we can dig beneath the quotes that you have and look at actually what's going on, we'll see that both parties are negotiating in good faith. But, Senator, if that -- if you believe that to be otherwise, or perhaps the union believes that to be otherwise, why don't they simply file a labor grievance? That's the usual process.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon. 84 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015
Thank you, Madam President. Senator, to one of your points, the contract expires on June 30th of this year. We hope to wrap up our business for the year tomorrow. We will not be here with certainty to address this before the contract expires and things spiral out of control. I don't know that I have to dig through the rhetoric: We may have to shut things down; that's what we're going to do. I think we owe it to the taxpayers of the State of Illinois to provide for a functioning State government. I don't think this is good for anyone, to force a high-profile showdown in order to score whatever points one wants to score. Let's keep the departments that serve our residents open and functioning.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.
Senator Harmon, as you pointed out, the current contract doesn't even expire for another thirty days. So I just want to - - I want to be clear - and everyone who is sitting in this Chamber right now has been here -- you know, this is at least their first Session, so they've been here for a few months - what you're suggesting in a straight-faced manner is that if things go awry either when we get closer to the expiration of the current contract or shortly beyond that, that the Democrat leaders in the General Assembly, at the behest of the union, won't come back for a Special Session to deal with that? And -- and I just want to be clear that -- that -- that that's -- that's really the position that we are to accept, that you guys wouldn't do that for the union if we got to that point.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 85 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Senator Harmon.
Thank you -- thank you, Madam President. Senator Righter, if we were here on the 4th of July in Special Session taking up this bill, would your questions be any different?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.
Well, they would have to be, Senator, because the agreement would have expired then. They would literally have to be different. So the answer is yes.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
Let me be clear. We are not forcing the parties into interest arbitration. They can still reach an agreement on their own. What this does is it provides an alternative method for resolving a budget impasse, very much like many other states do - Ohio, Nebraska, Connecticut, Delaware, Iowa, our neighbor. It simply provides a more stable budget impasse resolution mechanism.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Righter.
To the bill -- to -- I'm sorry, to the motion, if I might, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) To the motion. Thank you, Senator.
Thank you very much, Madam President. Thank you, Senator 86 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Harmon. Ladies and Gentlemen, this is a blatantly political and extraordinary step to take. There is no evidence, except for quotes in the newspapers. And, I mean, we've all run for office. We've all been here at least a little while. We all know that rhetoric heats up once in a while. That's going to move a bill that will fundamentally change the course of the negotiations that are going on now. Imagine, just imagine, if the situation was reversed and the Republican majority brought forth a bill that changed the course of or the rules in the labor negotiation five months into the negotiation. With all due respect, you people over there would be putting your hair on fire -- setting your hair on fire, and understandably so. Imagine if we brought a bill to the General Assembly that said, "You know, it's okay in the course of a criminal or civil trial to change the rules of evidence or change the rules in the middle of the game." That is exactly what you are doing here. But there is one other point, aside from interrupting what appears to be from the actual facts to be a -- a productive negotiation so far, and that is, you're going to go home and tell your friends who are in labor, particularly -- not the people who may or may not benefit from this, and I would suggest they probably won't, but others, like your teachers at home, that you voted, that you voted, to make it -- to --- that you voted to make it State law that union members could not strike. Senator Harmon himself said, the right to strike, just like the right to lock out, is a fundamental balance between the two. Go home and answer to the other union members, who may or may not be protected from this, and say, yes, I decided by fiat of State law that I would take away the right to strike. That is not a good message to send back home to any of our constituents, whether they 87 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 belong to a union of not. Vote No. Thank you, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) You're welcome. Further discussion? Senator Koehler, for what purpose do you rise?
Thank you, Madam President. To the motion.
PRESIDING OFFICER: (SENATOR LIGHTFORD) To the motion, Senator.
First of all, I think the -- the comment about setting your hair on fire was rather cruel, but let me -- let me just speak to the issue at hand here, interest arbitration. And before I came to the Senate, I spent twenty-one years as Executive Director of the Peoria Area Labor Management Council. So we dealt with public- sector unions and employees, private-sector construction trades. I've done a lot of contract negotiation and mediation. I understand the process well. Interest arbitration really was designed by State government to protect the public. It's used all the time in police and fire, where you really don't want to put the public at risk by having a strike or a lockout in that situation. And Senator Harmon is exactly right that this doesn't require anybody to use interest arbitration. If you have good- faith negotiations going on, you can reach an agreement - and hopefully that's what you do. Interest arbitration just prevents the public from being harmed in case there is agreement that's not reached. Now I think that we're in kind of uncharted waters here in a sense, because there's sometimes two reasons that people go into contract negotiation from an employer's point of view: One is to try to get the economics right in terms of what they see 88 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 as -- on the future horizon; another might be to break the union - and if that happens, then they put down demands that really are not going to be ever agreed upon, and so you have chaos. And if that's done in the private sector, that -- so be it, that's -- that's their function. But if it's done in the public sector, we have a responsibility to protect the public, and that's what we're going to do, is protect the public. Now I would venture a guess that we pass this legislation today, that the Governor will probably veto it, and then we will be back here to determine whether we're going to override that veto and, in fact, protect the public in this. I would vote -- urge an Aye vote on this. I think it's important for the public.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Any further discussion? Seeing none, Senator Harmon, to close.
Thank you, Madam President. I would like to adopt Senator Koehler's argument and his punchline. I am grateful for your support on this measure. What we are doing here is serious business. We could be looking at a -- a -- a very rocky patch by the Governor's own predictions if we allow a strike or a lockout and a shutdown of State government. This is a sensible, proven way to resolve a budget impasse with minimal disruption to the people that we represent, to the folks in labor and to the folks who are simply paying taxes and expect the State services we promise. I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Ladies and Gentlemen of the Senate, the question is, shall the Senate concur in House Amendments No. 1 and 2 to Senate Bill 89 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 1229. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 38 voting Aye, 17 voting Nay, 0 voting Present. Excuse me. Senate Bill 1229, having received the required constitutional majority, the Senate does concur in House Amendments No. 1 and 2 to Senate Bill 1229, and the bill is declared passed. Ladies and Gentlemen of the Senate, we will remain with Concurrences; however, please turn your Calendars to page 32. Page 32, on Concurrence Order. Senate Bill 1304. Senator Raoul. Senator indicates he wish to proceed. Madam -- Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendments 1 and 2 to Senate Bill 1304. Signed by Senator Raoul.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
Thank you, Madam President, Ladies and Gentlemen of the Senate. The negotiations that led to Senate Bill 1304 took place over several weeks, and I started out with an afro, but I set my hair on fire, as did the House sponsor, Representative Elgie Sims. In all seriousness, this was a -- in a time when we have had tense debates about various issues, some partisan debates, some fights between the Chambers, this was a product of a bicameral, bipartisan negotiation, where, first off, I -- I -- I want to acknowledge Ashley Jenkins' work on this. Her hard work on this bill kept me sane through the process of the last several weeks. We had law enforcement at the table and we had the ACLU and other community 90 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 giving us input on this bill. It's a comprehensive package of legislation on law enforcement reform, providing law enforcement an important law enforcement tool, and improvement -- improving - - I think, a -- a package that will improve community relations. First off, the bill addresses the use of officer-worn cameras. It is -- it is important to note that this is not a mandate that departments utilize officer-worn cameras, but for the departments that do choose to utilize officer-worn cameras, it establishes minimal -- minimum standards for their use. In addition, a -- a funding stream is provided for a grant program that different departments can apply for. It requires cameras be turned on at all times when the officer is on duty responding to calls of service and during any law enforcement-related encounter and when the officer is engaged in any law enforcement-related activity that occurs while the officer is on duty. It allows officers the discretion to turn off cameras when engaged in community caretaking functions. Requires officers to provide notice of recording in situations where an expectation of privacy exists. Allows officers to review recordings in -- when preparing incident reports, but the officer must indicate that they're doing so. Includes a mechanism to protect officers from discipline for minor violations. And it also clarifies that the eavesdropping Act does not prohibit citizens from recording officers in the function of their duties where the officer has no reasonable expectation of privacy. In addition to the provisions regarding the officer-worn cameras, there's also a package of reforms including guidelines for independent review in -- in incidents regarding all -- officer- involved deaths, bans on the use of chokeholds. Requires law enforcement agencies to report on a monthly basis the number of 91 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 officer-involved shootings and arrest-related deaths. Expands the basic training curriculum to include courses on cultural competency, implicit bias, use of force, and dealing with sexual assault victims. Requires data collection on the most invasive pedestrian stops, those that may involve a search or a frisk. Provides additional funding to the State Crime Laboratory Fund to assist in clearing the DNA backlog. And creates a database for law enforcement to identify and keep track of officers dismissed for misconduct or those who resign while under the investigation. And finally, it establishes the Commission of {sic} (on) Police Professionalism to review performance standards governing the professionalism of officers, including current training requirements and whether law enforcement officers should be licensed. I'd like to commend Senator Bivins, who was -- was at the table with us through this process and has historically raised the question with regards to looking into licensing. We decided, because we were in the last few days of Session, that it was too much for us to tackle in a way that we could come to agreement on, so we decided to establish this Commission to come back with recommendations on licensing and other matters, including the issuance of auxiliary badges, to come back to report to us in January. Again, I'd like to reiterate the -- the work that our staffs, Ashley Jenkins, Bill Schneider, and Kalyn Hill, and -- and Ashley in the -- in -- in -- on both the Democrat and Republican House staffs, and the input that we got from law enforcement, particularly Sean Smoot, who served on the President's Task Force on 21st Century Policing. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Any discussion? Senator Haine, for what purpose do you rise? 92 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015
Madam President, Ladies and Gentlemen of the Senate, first, I wish to ask a few questions for legislative intent.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.
Senator Raoul, I believe you mentioned this earlier that -- Senate Bill 1304, does it mandate the use of any officer-worn body cameras? I believe you indicated, it does not. Is that correct?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
No. Senate Bill 1304 does not mandate the use of officer- worn cameras. It provides a set of minimum -- minimum guidelines that must be followed should a law enforcement agency choose to implement officer-worn cameras.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.
Does this bill, 1304, allow the recording officer access for -- or review of the recordings made by the body cameras?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
Yes. The officer and his or her supervisor may view the recordings prior to completing incident reports or other documentation or making a statement; however, the officer or supervisor must indicate that the recording was viewed within the document or report. 93 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.
Are the officer and supervisor the only ones who can view the recordings?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
This bill does not limit other personnel who are specifically authorized to access or view recordings for official purposes, such as for technical support and auditing.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.
Do the guidelines in this bill apply to covert cameras used by undercover officers?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
Senate Bill 1304 does not apply to the authorized use of cameras by undercover officers, provided that they are used in accordance with Article 108A or 108B of the Code of Criminal Procedure or used in accordance with an existing exemption under the eavesdropping Act.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Haine.
To the bill, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 94 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 To -- to the bill, Senator.
Madam President and Ladies and Gentlemen of the Senate, as we know, the history of the United States is based upon -- or, the - - the foundation of the United States is based upon the rule of law. The rule of law requires competent and courageous police officers. It requires dedicated prosecutors, honest judges. But the -- the -- the initial enforcement is in the hands of the police. And the periods in our history which were most destructive and oppressive, for example, the period after the Civil War when the reconstruction of the American South stopped and lawlessness reigned throughout the South. Men and women were lynched and murdered if they dared vote, irregardless of race. If they were -- if they desired to vote, they were murdered. Lawlessness ranged -- raged throughout the South because of a breakdown in law and order. The police became part of the oppressive state, because the federal police and the honest police were prevented from enforcing the law. Every city in America needs competent, courageous police. This bill goes the furthest in my memory in assuring competent {sic} and police officials will remain above attacks, unfair attacks on their lawful duties and the way they carry them out. It will also root out those very few among our officers that are irresponsible or corrupt. I -- I wish to call attention to the Senate, as the Senator so graciously did, the input of Senator Bivins, a career law enforcement officer; the input of Elgie -- of Representative Elgie Sims. I also call the attention of the Senate to the input of the State's Attorneys Association; the Fraternal Order of Police; the Chiefs of Police; the Illinois Sheriffs; yes, the ACLU; the many other groups whose 95 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 representatives came to this General Assembly through the Members of the House and Senate, led by Representative Sims, Senator Bivins, and, above all, Senator Kwame Raoul, to craft a bill that will restore and maintain confidence in the police and actually increase their efficiency. Ladies and Gentlemen, this is a great moment and a great bill, and the most remarkable thing is that it was done without working groups. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Rose, for what purpose do you rise?
Several questions, if I may.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The sponsor indicates he will yield. Senator Rose.
Senator Raoul, I understand that there's an agreement regarding a trailer bill with respect to some of the fines and fees. Can you delineate that agreement and is there a bill number?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
I'm not -- I'm not informed of a specific bill number and I'm not informed about the specifics of the agreement. But the -- the Truckers and the Farm Bureau brought an issue to our attention and we agreed to sit down and work on a trailer bill and -- and Representative Sims sat down for a meeting on -- on yesterday and they're -- they continue to work on that.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Rose. 96 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015
So there -- there is not an agreement at this point in time, it's just still a negotiation?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
There is an agreement to resolve the issue, but it is has not been resolved yet. And so there is an agreement to resolve the issue and put that resolution into a trailer bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Rose.
The funny thing here is, this isn't why I was rising to ask you questions about the bill, but this actually concerns me a little bit more, because the provision of the bill that's been brought up with respect to that would place many of my constituents, farmers, at a real problem. If they pull out of a field with a truck that's in excess of the -- the -- the legal weight limits, it would increase their fines a hundred, two, three hundred dollars more than what their already being fined, which the ticket for that can be several thousand dollars. So I think this is a serious issue. I -- I think our side was under the impression that we had -- an agreement had been reached for an actual trailer bill. So I appreciate the honesty that -- that there is no such agreement, just discussions, because that's different than what was presented to us. Substantively, on the bill itself, you said that -- something about they cannot be turned on during community caretaking functions. What does that mean?
PRESIDING OFFICER: (SENATOR LIGHTFORD) 97 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Senator Raoul.
I'm -- I'm sorry. Several people were talking to me. I -- I -- I didn't hear the question.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Rose, please repeat the question.
The community caretaking functions, what does that mean?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
So it can be a well-being check. It could be officer friendly at a -- your local high school or elementary school. Things of that nature.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Rose.
If they -- what happens if they enter a -- a structure with no purpose of community well-being - they're just entering a structure - can it be on or off, or would it be on or off?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
So, if they're entering a -- if the structure is somebody's home, for example, they would have to first provide notice, because that -- that is a place where there is a reasonable expectation of privacy in.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Rose. 98 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015
Okay, that was not the question I'm asking, but let's go down that road for the time being. So you enter a home and you have to say what?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
That you have a officer-worn camera on you that is currently on.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Rose.
Can the homeowner say "Turn it off"?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
Yes.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Rose.
What about in the situation where they're executing a warrant and they're going in a home? I'm guessing they're not going to say, hey, we've got a, you know, a camera on.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
Yes, they will say that they have a camera on.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Rose. 99 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015
And in the situation where they're executing a warrant, can the arrestee, the subject, say "Turn off the camera", on that point?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
If -- if they're -- if the arrestee is the person who just happens to answer the door, yes, they would have to be -- they would have to be given notice. However, Senator, if an -- an occasion arises where there is some sort of exigent circumstance, then -- then they can turn it on.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Rose.
So, I guess then -- so the officer presumably will make that determination subjectively, that an exigent circumstance exists, right?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
That's correct.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Rose.
Somebody's going to have to change these Senate rules so we can actually have a conversation, as opposed to this bantering. But is there -- is there a situation where your -- is there a situation where -- you're not the homeowner but you're at the home, 100 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 do you have the authority to tell 'em to turn off the camera?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
You know, if you -- I mean, I imagine if you're not the homeowner, depending on if you're invited in there by the homeowner, you could still have a reasonable expectation of privacy within that -- that home.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Rose.
Let's -- let's distill that down, because I'm not sure that was a yes or a no. If -- if you're an invitee, you're over hanging out with your friends in a house and a warrant is executed, police come in and they have to go through the house to get the subject for the warrant and all their high school buddies are in the front room watching a movie, can they say "Turn off the cameras; we don't want to be part of this"?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
Senator Rose, the officer would -- would provide that notice when entering into the house, and presumably the response would be given at that point one way or the other, and -- and the camera would be on or off depending on that response.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Rose.
Let's take it out of the house, take it to a -- a dormitory 101 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 at a campus at a university, and you're going to walk down the floor and there's plenty of doors open, plenty of students no doubt studying, and then the -- the subject is at the end of the -- the hallway. Do those students have the opportunity to say, "Hey, we don't want to be any part of this; turn this off"?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
If the student is within their dorm room and the officer comes to that dorm room, the officer would have to ask that -- student. If the student is in the hallway and the officer enters, you know, the premises with authority, you know, that student doesn't have that same -- same level of expectation of privacy. And it's important to note that expectation of privacy as -- as referred to in this bill is -- is meant to be consistent with common law, with many court decisions. And you -- and I -- I -- I appreciate you can come up with a -- a gazillion hypotheticals, but -- but the expectation of privacy is to be consistent with case law.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Rose.
Well, it -- first of all, it's not hypothetical to have friends over at a house where a warrant's being executed. That happens quite often in fact. There's all kinds of people who aren't -- aren't party to any of the issues concerning the warrant or the arrest, but just happen to be there. So I don't know frankly that it's a hypothetical; in fact, I know the complete opposite, that it is a very -- it is reality. How long is the data held for? I think it's ninety days unless there's other 102 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 circumstances, correct?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
Yes -- yes. And usually a hypothetical, unless you mention a specific situation with the name of that situation, it's -- that's what is defined as a hypothetical. It -- it may be a common situation, but when you mention it in this context, that's how you define a hypothetical. Unless you said, "Can that situation at Mr. Smith's house, which occurred on such and such date", that would not be a hypothetical, that would be a specific situation. Otherwise, it is a hypothetical, Senator.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Rose.
Okay, so hypothetically speaking, how long is the data to be held for?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
It's ninety days unless flagged.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Rose.
So I'm familiar with the reasons for flagging and I'm not going to go into that to save time, but let's assume that, whether it's the ninety days or at the expiration of a case, or whatever it is, at the expiration of the flag, who is in charge of deleting that data? 103 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
Deleting -- deleting what data?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Rose.
The videotape - who's -- who's in charge of deleting the videotape?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
That would be done at a -- a department -- departmental level. I guess it'd be different people, depending on the department and who -- who the chief administrator has made -- chief administrative officer for that particular department designates. One of the things that we decided to do here with this bill is not to go -- get overly burdensome with our standards. These are not the maximum standards. We're not trying to cover every situation. We're trying to give flexibility to respective police departments, so we -- we -- we don't designate within the bill who is in charge of deleting the tape.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Rose.
So, what happens -- I mean, are there any security protocols related to where this data is? Because, quite frankly, in the hypothetical that I've listed, which is reality, a whole lot of innocent bystanders' data will be captured in the form of video or 104 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 audio. So, what -- how are we storing these video and audio clips and the -- the data?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
Again, this is not designed to cover every aspect. You know, there are police departments who are currently using officer-worn cameras and -- and this -- nothing in this bill prohibits them for -- from laying out the policies in addition to this bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Rose.
I -- I understand that and actually have the same concerns. I have the same concerns about storage of all this data. I have the same concerns about all -- who gets this? Will civil trials have access to this data, outside the…?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
Yes, potentially. You know, if -- if so subpoenaed, yes.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Rose, are you coming around the corner, getting close to a close?
Senator -- Madam President, I -- I appreciate that, but this is extremely serious to the foundational liberty of our State and I've got some serious questions here, if I may.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Yeah, but they've been talking about it for a long time, and 105 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 you could've had a conversation with him prior to bringing the bill to the Floor. I don't want to put the timer on, but I'm just hoping you can come around the corner soon. Senator Rose.
I'll try to get around the corner very quickly. So -- so, let's just go back to my hypothetical, which is reality. So, you have now, let's say it's a -- a -- a tort, an injury action, and in front of the civil jury. The camera -- you know, the police officer comes in, there's -- maybe it's in response to a domestic violence complaint. Police officer comes in, the camera's on, he takes down the subject, arrests the subject, removes the subject. Later on, in a civil case, for the -- the injuries that occurred in the -- in the domestic violence, the -- this -- the -- the video is subpoenaed. And let's say that in the process of coming into that and the takedown, the camera was on and children in the home were getting out of the bathtub. Now that is now being played in front of all their neighbors?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
No -- no, Senator. Redactions can be made as -- as -- you know, one of the things you have to know is that currently there are cameras on vehicles and redactions are often made to those cameras as well for stand -- people who are just standing by. So that -- so this is -- this is not new. Right? So -- so there are practices that local police departments have developed for such recordings as well as other recordings that may be done by street cameras and things of that nature.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 106 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Senator Rose.
To the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. You came around the corner.
I appreciate that. I did. I'm still walking though. First of all, I -- I rose to ask about the -- the -- the initial question about the -- the so-called agreement, which is apparently not an agreement with respect to the -- the Farm Bureau and the Mid-West Truckers issues, about being disproportionately impacted with the -- the fines and fees. I find that concerning. But, I really -- I'm really absolutely uncomfortable that we've come so far in society that we've {sic} now asking government to subject us to complete surveillance at all times, and at some level what worries me more - because, quite frankly, the Senate sponsor's done a heck of a job and I want to compliment him in really coming up with a very comprehensive package here - but, at the end of the day, we still don't know what's going to happen with innocent bystanders who are captured on video. We don't know if they have the ability to say, "Hey, I don't want to be part of this; turn that off". But, more importantly, we still don't know what happens to the very fundamental data. Where's it being stored? What are the security protocols? Who's in -- I mean, who's in charge of deleting it? That's not an unfair question to ask. Is it -- if it's in a cloud, it's never deleted. If it's in a cloud, it's going to be there forever - more than likely. So, at what point in time did we -- as -- people stand up and say, "Hey, please, please subject us to more cameras, more intrusion"? Where -- where 107 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 did we turn that corner? At the end of the day, I just -- I think this is just fundamentally amazing that with the advent of technology and you go back to -- you know, I know the sponsor's read 1984. It wasn't far off. There's a camera somewhere all the time, and until you have built in very fundamental safeguards to who owns, controls, and has the right to disseminate the data and, more importantly, delete it, delete it for innocent bystanders, all of this, whether it's this bill or the previous bills, or the fact we can already do this, is very damaging to the core of liberty. And with that, I would urge a No vote. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon, for what purpose do you rise?
Thank you, Madam President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Sponsor indicates he will yield. Senator Raoul. Senator Harmon.
Thank you. Thank you, Senator. Thank you for carrying this bill. I -- I admire your consistent devotion to bending the arc towards justice and I think this is another transformative bill that will really change our expectations for what Senator Haine called law and order. I also thank you for your unfailing recognition of the extraordinary and exceptional work of our staff. I do have some questions, several questions. Should take us about half as long as the last speaker. I'd like to ask some questions on the notion of privacy. The bill provides that the recordings made with officer-worn cameras are subject to the Freedom of Information Act in specific circumstances. Is that correct? 108 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
Yes.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
Thank you, Madam President. In general, is it correct that the bill divides the circumstances where the recordings may be subject to disclosure under FOIA into two categories: when there's a…(microphone cutoff)…when there's a reasonable expectation of privacy in the content of the recording and when there is not a reasonable expectation of privacy?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
Yes. Yes.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
Thank you. Thank you. If there is a reasonable expectation of privacy at the time of the recording and the recording is flagged, as that term is used in the bill, when can the recording be disclosed under FOIA?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
If there's a reasonable expectation of privacy at the time of the -- of the recording and the recording is flagged for one of 109 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 the reasons identified in the bill, then the recording can be disclosed under FOIA only if two conditions are met: First, the subject of the encounter captured on the recording is a victim or a witness; and second, the law enforcement agency obtains written permission from the subject or the subject's legal representative.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
Thank you, Madam President. I -- I'd like to dive deeper into the -- the notion of a reasonable expectation of privacy. How is a reasonable expectation of privacy defined?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
For nearly fifty years, the United State Supreme Court has abided by the following tests in determining whether a person has a reasonable expectation of privacy: one, whether the person exhibits an actual subjective expectation of privacy; and two, whether the expectation is one that society is prepared to recognize as reasonable as laid out in Katz v. U.S. The Illinois Supreme Court has repeatedly utilized this test as well. In fact, the Illinois Supreme Court provided example just last year in People v. Clark and People v. Melongo of situations where reasonable expectation of -- privacy would not exist: one, a loud argument on the street; two, a political debate in a park; three, the political {sic} interactions of police officers with citizens -- citizens, if done by a member of the public; and, also, any other conversation loud enough to be overhead by others whether in a private or public setting. 110 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
Thank you, Madam President. And are these the only situations where an expectation of privacy may not exist?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
No.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
What are some other situations where an expectation of privacy may exist?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
Senator Harmon, courts have consistently held that people have an expectation of privacy in their homes; however, persons may also have an expectation of privacy while having a private conversation in public places, including hospitals and police stations.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
Thank you, Madam President. Senator, could you turn back and -- and help me understand the notion of redaction in a videotape that's released under FOIA?
PRESIDING OFFICER: (SENATOR LIGHTFORD) 111 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Senator Raoul.
Yes, Senator Harmon, and -- and this may address some of the questions asked by the previous speaker. Any -- on page 19 of the bill {sic} (amendment), it -- it reads that "Any recording disclosed under the Freedom of Information Act shall be redacted to remove identification of any person that appears on the recording and is not the officer, a subject of the encounter, or directly involved in the encounter."
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Harmon.
Thank you, Senator. Just one last question, if a recording is flagged, when -- when is that destroyed?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
I -- I believe you're asking with regards to the deletion of -- of the tape - again, the -- the -- the previous speaker asked about deletion - beyond the ninety days if the -- if -- if the recording is flagged. In such cases, the tape would be -- deleted in two years or otherwise by court order.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senators. Further discussion? Senator Bivins, for what purpose do you rise?
Thank you, Madam President. To the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill, Senator. 112 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015
Thank you. First, I'd like to say, Senator Raoul and -- and Representative Sims did a fantastic job on this, that you -- initially there was a -- a lot of -- a lot of bills out there that were being contemplated that would -- negatively impacted law enforcement and would have been very restrictive and you took that and -- and -- and paired it down and did a good job. And as you recall, last -- the end of last Session, I called for a body cam language bill sooner than later, and it -- it took a while, but we're here and I think the body cam language is pretty good. And -- and, you know, it had a lot of people in a room, at times thirty-plus people in a room, representing every -- everybody you could imagine at the table, and to come to the point you've come to is very commendable and the fact that you got all of law enforcement to move to a neutral position is also very commendable. So, I congratulate you both on that -- that. You did a good -- a really good job in -- in -- in guiding this, leading us forward. There's some good things in the -- and also, in the police reform package, there's -- there's some good things in there. The training that we talked about and the -- it's basically codifying a lot of what law enforcement already does, the investigating of -- of police shootings and -- when there's a death, something that law enforcement has done for -- for years. Most all agencies do that. And the -- the database and those who have been fired or resigned under investigation, I think is an excellent first step in -- in going forward. I'm looking forward to -- to working with you in the future on -- on -- on that issue too, because, as I said, it -- it -- you know, we've had a lot of conversations about that, where one law enforcement officer can make an entire 113 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 profession look very bad, and we all in agreement -- everybody in law enforcement is in agreement that there are some, a very small percentage, that don't belong in law enforcement anywhere and we need to get them out of law enforcement and keep them out. Now, as I mentioned, the -- law enforcement all went neutral and that's kind of where I'm at today, and not -- not as -- and we talked about this earlier, I'm -- I'm voting Present, but not -- not as a protest, not as a I think this is a terrible bill. It's -- there's a lot of good things in there. There's some things that, you know, make it -- might make it a little more difficult for an officer, a little more burden to do his job, but, all in all, it's -- it's not a -- not a terrible bill. But what I want to say is this, that, you know, in the last year, two years, there's been - - we've been fixated on maybe five incidents nationally. Our country has been mesmerized by the -- the constant twenty-four- hour news cycle of these incidents. And some would say they're unjustified, some would say they're justified, some we just don't know, some are very plain in what happened, and we have a variety of opinions. But, you know, there -- in the United States, there are approximately a million law enforcement officers. That's about one-quarter of one percent of the population. And out of that million, ninety-nine -- over ninety-nine percent of those law enforcement officers do their job and do it very well and are very professional, but it only takes a small handful to cast aspersion on a great profession. You know, any one of these law enforcement officers at any given time would exchange their life for a complete stranger and they deserve our respect, and -- and I know that's, you know, not the intent, what we're -- we're talking about here, but I think it needs to be said; that we need to recognize those 114 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 hard men -- those hardworking men and women that -- that day in and day out that protect us while we're sleeping, our -- our Capitol Police that protect us in this building, many of our doormen are former law enforcement, and we need to recognize that they're not -- they don't all come from the -- aren't cut from the same cloth. They don't all beat suspects. They don't all do the things that a lot of people are concerned about. And so -- and - - and I know that's not what you're saying here, but -- but I -- I just want to make that point, and -- and as a show of -- of nothing -- nothing other than support for them, that's why I'm voting Present. And -- and, again, thank you, Senator and Representative Sims, for -- for your hard work on this. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Sullivan, for what purpose do you rise?
Thank you, Madam President. Like to speak to the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill, Senator.
Thank you. Ladies and Gentlemen, I -- one of the previous speakers brought up some of the concerns that Mid-West Truckers and Farm Bureau had with the legislation. I believe, as -- as I've spoken to both sponsors, they believe that the -- that they're -- that the Farm Bureau and Mid-West Truckers concerns were inadvertent; they were not intended to be in there. Just to be clear, Farm Bureau does not oppose, nor does Mid-West Truckers oppose this bill. They've taken no position on it. They believe -- they have the commitment of both sponsors, Senator Raoul, 115 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Representative Sims, to -- to address their concerns and believe, very confidently, that that will -- that that will happen. They also certainly wanted to reiterate their -- their support of both of the sponsors and all the hard work that they've done on this bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Further discussion? Senator Connelly, for what purpose do you rise?
Thank you, Madam President -- President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Sponsor indicates he will yield. Senator Connelly.
Senator, tell me, what is the purpose of the misconduct database? We asked -- we -- we -- we talked about this in committee and I'd like to get it on the record.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
It -- it comes out of a concern that, quite frankly, was -- has been raised by Senator Bivins for a number of years now, that there are -- are rouge cops that can commit acts of misconduct and be disciplined by one department, either fired or be in the process of being disciplined, and may resign, knowing that they're going to be fired, and a background check by another police department might not reveal what this officer has done. And so it protects police departments from being on the hook from -- by -- by hiring a -- a -- a -- a bad cop. 116 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Connelly.
So, just to clarify too, if -- if there's -- a I hate to use the word beef, but someone beefs a police officer, they're not automatically on this misconduct database unless and until there's a finding. Is that correct?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
That's correct for the most part, but, however, the -- the - - the officer who may resign in the midst of an investigation, the department can report that incident. And it's important to note that that officer would receive notice and could also communicate to the Law Enforcement Training and Standards Board to make sure that their version of the circumstances was also reflected.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Connelly.
One other area of questioning I have, the Terry stops. You have a -- if you have a police officer, let's say, walking down the street, City of Naperville on Washington Street, they see what they believe might be criminal conduct. They go and they stop a couple of people and say, "Hey, stop. What are you doing here?" And they find out, you know, it was nothing. They have to fill out a piece of paper that says they stopped people. How does that work? It's somewhat unclear from our analysis?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul. 117 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015
We -- what -- under the original proposal by the ACLU, it would cover all such stops; however, we've -- we've narrowed it to cover just the most invasive stops, where there's a search or, you know, a long detention or -- or -- or patting down of individuals against a wall or against a car or something like that.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Connelly.
To the bill, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill, Senator.
Thank you, Madam President and Members of the Senate. And I want to thank Senators Raoul and Bivins, Representative Sims and Representative John Anthony for their work on this. I have two family members, who are now deceased, who were commanders in the Chicago Police Department. It is a tough, tough job. It's a difficult job because the decisions that are made are made a lot of times at the spur of the moment. We talked earlier today -- and -- and, frankly, I think all day, we -- we pass imperfect bills, because there is no perfect bill, but this bill is a collaboration of law enforcement, civil liberties groups. It's a good bill. It is a big step forward. And I -- I strongly urge an Aye vote and I thank the Senator for the -- for the work.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Final speaker, Senator Hutchinson. For what purpose do you rise?
118 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Thank you, Madam President. A couple of pieces of legislative intent to wrap this up.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator…
Senator Raoul, do officers have to issue a stop receipt in every encounter with a member of the public?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
The officer will issue the -- these stop receipts when an officer stops and the -- and -- stops a person and then frisks or pat down a person and does not issue a citation or warning or any paperwork. The intent of the stop receipt provision is for persons to have some record of and know who the officer was who subjected them to the stop. The receipt could be as simplistic as a business card with checked boxes, so long as it contains the required information.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hutchinson.
Are Conservation Police Officers going to have to issue a receipt to each boat or snow -- snowmobile operator, even though they are merely carrying out the basic tenets of enforcing these acts for compliance?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Raoul.
As with the tenets -- as with the basic tenets of enforcing 119 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 the Fish and Aquatic Life Code, the Wildlife Code, and the Herptile and Herps {sic} (Herptiles-Herps) Act, where compliance checks are a routine and integral part of enforcing the Acts, it is the intent that the receipts will not need to be issued for compliance inspections under the Boat and Snowmobile Registration and Safety Acts. Additionally, officers who perform routine inspections in buildings and at events will not have to issue receipts.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hutchinson.
Thank you, Madam President. To the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill, Senator.
I'd only like to say, I'd like to commend the sponsor, as everyone else has as they stood up to talk about this bill. This was negotiated exactly as it should be. An important piece of legislation and I really hope to see as many green lights as we possibly can. Congratulations, Senator Raoul, on another really wonderfully negotiated piece of legislation.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any further discussion? Seeing none, the question is, shall the Senate concur in House Amendments No. 1 and 2 -- oh. Please forgive me, Senator. Senator Raoul, would you like to close? Senator Raoul, to close.
You know, I -- I -- I appreciate it, Madam President. I won't be long. I won't be long, I promise. It's important that, you know, I -- I -- some names have been mentioned. And Representative 120 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Jehan Gordon-Booth has been an integral part of these negotiations. She -- part of -- one of the bills that she introduced last year is a component of this legislation, because, you know, you can't get officer-worn cameras without the money and she sponsored that bill and she was very much a part of the -- setting the -- the guidelines for their use. As well as, it was mentioned, of course, Senator Bivins. Having former law enforcement officers as part of our Legislature has been critical, and I -- and -- Representative John Anthony and Representative Cabello were -- were critical to these negotiations. And, finally, there's a -- a point that was raised - this is not all about accusing officers or about law enforcement accountability; this is about protecting officers as well. Oftentimes you hear people talk about - I'll speak hypothetically - of somebody being shot in the back and how that might have been an unjust shooting. I invite everybody to -- to go to YouTube and -- and there's - in Muskogee, Oklahoma, there's a recording of a -- of a shooting that took place with the Muskogee Police Department, where the -- the subject was shot in the back. But if you look at the recording from the officer-worn camera, you realize that it was a justified shooting. The subject that he was chasing was running, dropped a gun, bent down to -- to pick up the gun, turned back towards the officer and the officer began shooting. By the time the first shot was taken, the subject had turned back around and the shots had entered the backside. I don't think anybody could argue that it was an unjust shooting, but -- but -- but without that body cam recording, that officer would probably be subject to accusations that would've been unjust. So, we should look at this as a law enforcement tool. Inasmuch as some folks are looking at it as an accountability tool, it's also 121 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 a tool to protect law enforcement officers. Again, I want to recognize Elgie Sims, because he really worked harder than anybody, except for Ashley Jenkins, on -- on -- on putting this bill together. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator, for your closing. Again, my apologies. The question is, shall the Senate concur in House Amendments No. 1 and 2 to Senate Bill 1304. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 45 voting Aye, 5 voting Nay, 6 voting Present. Senate Bill 1304, having received the required constitutional majority, the Senate does concur in House Amendments No. 1 and 2, and the bill is declared passed. Mr. Secretary, Resolutions.
Senate Resolution 625, offered by Senator Haine, and all Members. Senate Resolution 626, offered by Senator Harmon, and all Members. And Senate Resolutions 627 through 630, offered by Senator Althoff and all Members. They are all death resolutions, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Mr. Secretary, Messages from the House. Mr. Secretary, Resolution Consent Calendar. Mr. Secretary, Messages from the House.
Message from the House by Mr. Mapes, Clerk. 122 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 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 33. Together with the following amendments which are attached, in the adoptions {sic} of which I am instructed to ask the concurrence of the Senate to wit: House Amendments 3 and 4 to Senate Bill 33. We have received like Messages on Senate Bill 224, with House Amendment 1; Senate Bill 508, with House Amendment 1; Senate Bill 663, with House Amendment 1; Senate Bill 838, with House Amendments 1, 2, and 3; Senate Bill 1265, with House Amendment 1; Senate Bill 1312, with House Amendments 2 and 3; Senate Bill 1334, with House Amendments 2, 3, 4, and 5; Senate Bill 1455, with House Amendment 3; Senate Bill 1466, with House Amendment 1; Senate Bill 1516, with House Amendments 1 and 2; Senate Bill 1595, with House Amendment 1; Senate Bill 1672, with House Amendment 2; Senate Bill 1679, with House Amendment 1; Senate Bill 1805, with House Amendment 1; Senate Bill 1885, with House Amendment 1; and Senate Bill 1921, with House Amendment 2. Passed the House, as amended, May 30th, 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 concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 563. 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: 123 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 House Amendments 1 and 2 to Senate Bill 563. We -- we have received like Messages on Senate Bill 836, with House Amendments 1 and 2; Senate Bill 1256, with House Amendments 1, 2, and 3; Senate Bill 1281, with House Amendment 2; Senate Bill 1645, with House Amendment 1; and Senate Bill 1717, with House Amendment 3. Passed the House, as amended, May 30th, 2015. Timothy D. Mapes, Clerk of the House.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Ladies and Gentlemen of the Senate, please turn your Calendars to page 31, on the Order of Concurrences. We will continue with Senate Bill 788. Senate Bill 788. Senator Haine. Senator Steans. Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendments 2 and 4 to Senate Bill 788. Offered by Senator Steans.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans, on your motion.
Thank you. Yes, when this bill left the Senate, it did one thing: It created a -- a process when we do auto assignments for -- in the managed care program that we would take quality into account in that process. The House has turned this, working with us - and I want to really thank Senators Delgado and Trotter, who worked heavily with me on this bill - it's turned into a Medicaid omnibus bill and it's now doing a number of additional things. It's still doing that, creating the quality metrics -- or ensuring those in assigning lives in the managed care entities, but it's now doing a number of other things as well. It's creating -- 124 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 ensuring that services delivered by SMHRFs are now -- for this - excuse me, the specialized mental health rehabilitation facilities - are now done through capitated rates through managed care entities. It is providing that nursing homes, by July 1st, 2016 - the Department had asked one more time to be able to get direct payments to them - it's giving that to -- to the Department. It is allowing HFS to contract with one or more third-party vendors to provide durable medical equipment in a more cost-effective manner. It is establishing a nursing home audit program. When we had gone to new nursing home rates that took into account acuity, all of a sudden acuity started going up on their patients. We're trying to do an audit of that to understand it. It is also including a bill that Senator Martinez and -- and Representative Soto had worked on around the kidney transplant program that was new, saying that you're only eligible if in fact non-citizens had been receiving services here for two years already, dialysis services, to make sure they're not moving here just for doing the transplant, but are actual residents of Illinois. It is creating -- sort of codifying language around care coordinating payments for the Affordable Care Entities and put -- codifying care coordinating entities, which to date had really been a creation just under HFS by rule. It is establishing rate cuts for providers, very similar to what we had done in the current fiscal year '15 fix, of 2.25 percent to providers in fiscal year '16. It is asking that wards of the State be made eligible through the Medicaid program when possible. It's having the Department establish a managed care policy manual, and -- it's ensuring that HFS seeks maximization of hospital access payments. And it establishes -- for the nursing homes, where we have a real backlog 125 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 in getting residents enrolled in the Medicaid program, it's establishing a temporary Medicaid coverage for those residents, and then if they're later found to not be eligible, ensuring that we can claw back the dollars from the nursing homes. It also establishes 1115 working -- waiver working group with -- for caucus involvement with the Department and the Governor's Office. We worked on that language with them. And it is giving more resources and realigning the Inspector General's Office - also an initiative of the Governor's Office. In total, we estimate that this bill will save about two hundred million to the Medicaid program and also provide additional two hundred million in federal dollars for -- hospital access payments. I would encourage an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you. Is there any discussion? Senator Murphy, for what purpose do you rise?
To the bill, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill, Senator.
I -- I appreciate the Senator's efforts. This will save money. I think the administration thinks it saves less money than - than the sponsor does, but a hundred million dollars is real money. The problem is, is that our Medicaid -- our Medicaid deficit and our overall budget deficit requires more than that. This is a step in the right direction, but it is an incomplete step. We need more. This needs to be more comprehensive than it is. My fear is, is that by doing this and we get a hundred- 126 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 million-dollar Medicaid savings, that we're going to put a check in the box and say we've done what we need to do. So, like a lot of things - we've had a couple things today - good start, not all the way there, look forward to finishing it. But for the time being, out of fear of this being viewed as a check in the box, I have to encourage a No vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Harmon, for what purpose do you rise?
Thank you, Madam President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR LIGHTFORD) She indicates she will. Senator Harmon.
Thank you, Madam President. Senator Steans, I just have a - - a couple of questions for you. Nursing homes receive funding from both the General Revenue Fund and the Long-Term Care Provider Fund. How will the 2.25 percent cut to their General Revenue Fund budget line affect how the nursing home rate is calculated?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans.
The rate calculation will still take into account both funding sources, and calculating the blended rate, the Department will establish a rate that produces a savings to the State of an amount no greater than the product of 2.25 percent multiplied by the originally enacted State fiscal 2015 appropriations from the General Revenue Fund.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 127 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Senator Harmon.
Thank you, Madam President. Just -- just one last question. Most managed care contracts with nursing homes require the facility to receive no less than the non-managed care rate in effect at the time the services are provided. How will these changes affect those reimbursement agreements?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans.
Changes in the reimbursement schedule for nursing home services should have no effect on the managed care contracts. What change -- it should not change the floor below which a managed care company can reimburse a nursing home. I also want to add for legislative intent that rate reductions outlined in Section 5-5b.2 in the amount not to exceed 2.25 percent that are calculated and applied to capitation payment rates to managed care plans are intended to include administrative services. It is not the intent of this action to calculate and apply a separate and second rate reduction of 2.25 percent for the administrative portion of that rate.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Steans, to close.
Yes, I just want to say, you know, I -- I appreciate the statement previous speaker made about maybe this isn't going all the way. I think, over the course of the last several years, we have continued to work on the Medicaid program and showed an absolute willingness and dedication to working across both sides 128 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 of the aisle on making changes to the program, and I -- I -- I take a little bit of personal offense in any sense that there might be indications that would not be continuing to be willing to do so. That's obviously where we've always been and will be happy to look for -- and would look forward to any kinds of amendments, any other suggestions that anyone might offer, and be certainly happy to continue to work on any and all suggestions to the Medicaid program. I would urge an Aye vote on this bill, which I think does a -- a lot of good for the State. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall the Senate concur in House Amendments No. 2 and 4 to Senate Bill 788. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 38 voting Aye, 17 voting Nay, 0 voting Present. Senate Bill 788, having received the required constitutional majority, the Senate does concur in House Amendments No. 2 and 4, and the bill is declared passed. Senator Mulroe, on Senate Bill 636. On the Order of Concurrences, page 30. Mr. Secretary, please read the gentleman's motion.
I move to concur with the House in their adoption of their Amendment No. 1 to Senate Bill 636. Signed by Senator Mulroe.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Mulroe.
Thank you, Madam President, Members of the Senate. The bill as initially went out of the Senate is still there. The amendment 129 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 in the House changes the metric where they measure the noise from a DNL metric to a CNEL metric. This will allow, hopefully allow, more soundproofing for more people that are around O'Hare to -- that are suffering from the increased noise as a result of the change in the configuration of the runways.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall the Senate concur with House Amendment No. 1 to Senate Bill 636. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 48 voting Aye, 5 voting Nay, 0 voting Present. Senate Bill 636, having received the required constitutional majority, is declared passed. Please turn your Calendars to page 31. Page 31. Senate Bill 844, on page 31. Senator Clayborne. The gentleman indicates he wish to proceed. Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 844. Signed by Senator Clayborne.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Clayborne.
Thank you, Madam President, Members of the Senate. House Amendment No. 1 basically reduces the waiting period for first time and repeat offenders from three years to two, and for those who have convictions or arrests, reduces the time from four- to three-year waiting period, where they can seek to have their charges or convictions sealed. I would ask for your favorable 130 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Is there any discussion? Seeing none, the question is, shall the Senate concur -- House Amendment No. 1 to Senate Bill 844. 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 34 voting Aye, 16 voting Nay, 0 voting Present. Senate Bill 844, having received the required constitutional majority, the Senate does concur in House Amendment No. 1, and the bill is declared passed. Senator Rose, for what purpose do you rise?
Madam President, for some reason, on House Bill 3593, I was not recorded as voting. I would like the record to reflect I intended to vote Aye. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) You're welcome, Senator. The record will reflect your request. Ladies and Gentlemen of the Senate, please direct your attentions to page 22. We will be returning to the Order of House Bills 3rd Reading. House Bills 3rd Reading. On top of the page of 22, House Bill 3220. Senator Biss. Senator Biss indicates he wish to proceed. Senator Biss seeks leave of the Body to return House Bill 3220 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is House Bill 3220. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Biss.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 131 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Senator Biss, on Amendment No. 1.
Thank -- thank you, Madam -- sorry. The gentleman from Park Ridge has been difficult. Thank you, Madam President, Members of the Senate. This amendment becomes the bill. I'd hoped to discuss it on the Order of 3rd Reading, with your indulgence.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Now on the Order of 3rd Reading is House Bill 3220. Mr. Secretary, please read the gentleman's bill.
House Bill 3220. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Biss.
Thank you, Madam President, Members of the Senate. As amended, House Bill 3220 makes a few technical and uncontroversial changes to the Secure Choice Savings Program Act. I know of no opposition. I'd appreciate your support.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall 132 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 House Bill 3220 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. House Bill 3220, having received the required constitutional majority, is declared passed. Senator Hutchinson, on House Bill 3284. The lady indicates she wish to proceed. Mr. Secretary, please read the bill.
House Bill 3284. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hutchinson.
Thank you, Madam President and Members of the Body. House Bill 3284 creates the Opportunities for At-Risk Women Task Force, which is tasked with designing a plan for the Department of Commerce and Economic Opportunity to partner with organizations that aid in helping at-risk women and their families become productive citizens. The Task Force shall be composed of members appointed by the four Legislative Leaders, the heads of executive agencies, and other experts appointed by the Governor. The Task Force shall be housed within and shall receive support and funding from the Department of Commerce and Economic Opportunity. I know of no opposition at this time and I would appreciate your support.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall House Bill 3284 pass. All those in favor 133 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 54 voting Aye, 0 voting Nay, 0 voting Present. House Bill 3284, having received the required constitutional majority, is declared passed. Senator Hutchinson, on House Bill 3304. The lady indicates she wish to proceed. Mr. Secretary, please read the bill.
House Bill 3304. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Hutchinson.
Thank you, Madam President. Sorry about that. We had a little technical difficulty, but we're back online now. House Bill 3304 changes the Children and Family Services Advisory Council to consist of twenty-one members instead of seventeen members. It requires the Council to include at least one youth from each of the Department of Children and Family Services regional youth advisory board {sic} (boards) and at least two adults who are former wards of the Department. It also requires the Council to advise the Department regarding services and programs for children under its care. It removes the requirement for the Council to advise the Department regarding adults under its care. I know of no opposition and I'd appreciate your support.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall House Bill 3304 pass. All those in favor will vote Aye. Opposed, 134 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. House Bill 3304, having received the required constitutional majority, is declared passed. Senator T. Cullerton, on House Bill 4025. 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 777. 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 4 to Senate Bill 777. Passed the House, as amended, May 30th, 2015. Timothy D. Mapes, Clerk of the House.
PRESIDING OFFICER: (SENATOR LIGHTFORD) House Bill 4025. House Bill 4025. Tom Cullerton. Indicates he wish to proceed. Mr. Secretary, please read the bill.
House Bill 4025. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Cullerton.
Thank you, Madam President. House Bill 4025 changes public 135 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 high school graduation requirements to include a semester of civics as part of the statutorily required two years of social studies.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? There is. Senator McConnaughay, for what purpose do you rise? SENATOR McCONNAUGHAY: Question for the sponsor.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Sponsor indicates he will yield. Senator McConnaughay. SENATOR McCONNAUGHAY: Senator, I -- I have just a -- we talked about this in Committee. I think most school districts already teach civics as a part of social studies curriculum. Why do we find it necessary to do this bill?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Cullerton.
Thank you, Senator, for an excellent question. My personal thought and through -- we did a yearlong study in a task force - if you recall, two years ago, we passed the Civics Education Task Force. Through that yearlong research, we found the need to put civics in every school. Me personally, I think we need civics. All we have to do is read the paper and see. What did we get, another indictment of another legislator? This is -- and this is permeating on both sides of the aisle. No, I'm saying our side has done it. The fact is, is that civics needs to be taught in schools. We're not doing a correct job of getting kids involved. We're not getting the correct kids of -- seeing what our public officials are doing. 136 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McConnaughay. SENATOR McCONNAUGHAY: I don't know what this has to do, Senator, with legislators, but in any event, I still ask the question of - are we not already covering the base of civics by teaching social studies and why shouldn't that be determined at the local school level? This -- doesn't this ultimately end up in yet another unfunded mandate?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator T. Cullerton.
Thank you, Senator. It is not an unfunded mandate. The McCormick Foundation has put over a million dollars towards -- towards the curriculum requirement, towards the training of teachers. As we stand right now, about eighty percent of school have a civics course that they teach. This would only add on to those schools and make sure all of our schools are teaching the correct courses.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McConnaughay. SENATOR McCONNAUGHAY: I'm not sure I understood that last part. I think I heard, you said eighty percent already teach civics. So, again, I come back to why do we need to do this? So, the McCormick Foundation is going to contribute a million dollars to training teachers in the twenty percent to make sure that they -- they teach civics. Am I correct in that?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Cullerton. 137 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015
Yes. That'll go towards funding of the training of the rest of the percentage of teachers, also towards any institute days that is necessary, any curriculum upgrades that are necessary in the schools.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McConnaughay. SENATOR McCONNAUGHAY: So, what's the provision with the -- certainly appreciate the McCormick Foundation's desire to help educate kids. We certainly need all the help we can get. But what happens at the end of - I think this is a three-year commitment, if I'm not mistaken - what happens at the end of the three years? What's -- what is the agreement that we have with the McCormick Foundation about continued funding? In the event that they choose not to continue the funding, how will this be paid for?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Cullerton.
Thank you, Senator. The reason the McCormick Foundation can only commit to three years is it's part of their bylaws in their -- in their overall organization. If you look at their long-term commitment, they have been a consistent funder for, I believe, the last five, six years in the Chicago civics project. They have been, for generations, people who have funded countless cultural and social activities. My faith is that the McCormick Foundation will still be around after three years. Their directors all feel that they will be around in three years. But according to their bylaws, they cannot go longer than three years. 138 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Cullerton.
I would like to pull this from the record while we go to Assignments and then I'll be back for more.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Out -- out of the record. Will all members on the Committee of {sic} (on) Assignments please come to the Anteroom? Will all members on the Committee of {sic} Assignments please come to the Anteroom as soon as possible? Right now, if you want to watch the Hawks game tonight. The Senate stands in recess. Senator Link in the Chair. (at ease)
PRESIDING OFFICER: (SENATOR LINK) Senate will come back to order. Committee Reports, Mr. Secretary.
Senator Clayborne, Chairman of the Committee on Assignments reports the following Legislative Measures have been assigned: Refer to Executive Committee - Committee Amendment 1 to Senate Joint Resolution 28, Committee Amendment 2 to Senate Joint Resolution 28, Motion to Concur on House Amendments 1, 3, and 4 to Senate Bill 96, Motion to Concur on House Amendment 4 to Senate Bill 777; refer to Labor Committee - Motion to Concur on House Amendment 1 to Senate Bill 1859; refer to Licensed Activities and Pensions Committee - Floor Amendment 1 to House Bill 3219; refer to Local Government Committee - Motion to Concur on House Amendments 2 and 3 on Senate Bill 1854; refer to Revenue Committee - Motion to Concur on House Amendments 1 and 2 to Senate Bill 507; refer to State Government and Veterans Affairs Committee - Motion 139 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 to Concur on House Amendment 1 to Senate Bill 1728, Motion to Concur on House Amendment 1 to Senate Bill 1846, Senate Resolution 618, and Senate Resolution 623; refer to Transportation Committee - Motion to Concur on House Amendment 1 to Senate Bill 1441 and Senate Resolution -- 616; re-refer from Local Government Committee to Executive Committee - Senate Joint Resolution 28. Pursuant to Senate Rule 3-8 (b-1), the following amendments will remain in the Committee on Assignments: Floor Amendment 1 to Senate Bill 1083, Floor Amendment 2 to House Bill 2416, Committee Amendment 2 to House Bill 3121, and Floor Amendment 1 House Bill 3448. Signed, Senator James F. Clayborne, Chairman.
PRESIDING OFFICER: (SENATOR LINK) If I could get everybody's attention for Committee Report -- or, committee assignments. At -- Executive will meet today at 5:10 in Room 212. Licensed Activities and Pensions, today at 5:10, Room 400. State Government and Veterans Affairs, today at 5:10, Room 409. Local Government, today at 5:30 in Room 409. Criminal Law, today at 5:30 in Room 400. Revenue, today at 6 p.m. in Room 212. Education, today at 6:30 in Room 400. Labor, today at 6:45 p.m. in Room 212. Transportation, today at 7 p.m. in Room 212. There's a correction on that: Revenue, today at 6 p.m. in Room 409. Senator Bertino-Tarrant, for what purpose do you rise? Senator Harmon, for what purpose do you rise?
Thank you, Mr. President. I move to waive all notice and posting requirements so that Senate Joint Resolution 28 can be heard today in the Senate Executive Committee.
PRESIDING OFFICER: (SENATOR LINK) Senator Harmon moves to waive all notice and posting 140 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 requirements so that Senate Joint Resolution 28 can be heard today in Senate Executive Committee. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and all notice and posting requirements have been waived. Leader Clayborne, for what purpose do you rise?
I move to waive all -- all notice and posting requirements so that Senate Resolution 616 can be heard today in the Senate Transportation Committee.
PRESIDING OFFICER: (SENATOR LINK) Senator Clayborne moves to waive all notices and posting requirements so that Senate Resolution 616 can be heard today in Senate Transportation Committee. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and all notices and posting requirements have been waived. Senator Haine, for what purpose do you rise?
Mr. President, I move to waive all notice and posting requirements so that Senate Resolution 618 can be heard today in the State Government and Veteran {sic} (Veterans) Affairs Committee.
PRESIDING OFFICER: (SENATOR LINK) Senator Haine moves to waive all notice and posting requirements so that Senate Resolution 618 can be heard today in Senate State Government and Veterans Affairs Committee. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and all notices and posting requirements have been waived. Senator Bennett, for what purpose do you rise?
141 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Thank you, Mr. President. I move to waive all notice and posting requirements so that Senate Resolution 623 can be heard today in the Senate State Government and Veteran {sic} (Veterans) Affairs Committee.
PRESIDING OFFICER: (SENATOR LINK) Senate -- Senator Bennett moves to waive all notice and posting requirements so that Senate Resolution 623 can be heard today in the Senate State -- State Government and Veterans Affairs Committee. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and all notices and posting requirements have been waived. Senator Lightford back in the Chair.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Let's return our Calendars and attention to House Bill 4025. Tom Cullerton, on House Bill 4025. Mr. Secretary, please read the gentleman's bill.
House Bill 4025. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Cullerton.
Back again. I'll continue taking questions.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McConnaughay. SENATOR McCONNAUGHAY: Thank you, Madam President. Trying to remember quite where we were at. I hope, Senator Cullerton, you've been able to pull it together and are ready to continue. McCormick Foundation - 142 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 please do not misunderstand me - it's a wonderful organization; they do great things. In fact, they support the Governor's proposal for redistricting. So, how -- how would I not be a fan of the McCormick Foundation? But, when it comes to this issue, this, again, is an unfunded mandate. We are creating a whole new program for something that you have told us only addresses about twenty percent of the schools in the State. Why wouldn't the McCormick Foundation, instead of this as an -- as a -- as a way to handle this, why wouldn't they just give grants to those school districts that haven't had the resources to adequately provide civic lessons?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Cullerton.
I would -- I would guess, you'd probably want to ask the McCormick Foundation why they wouldn't do that. I know, for this, they have been a proponent of making sure that civics is taught in the classroom, is a requirement of the -- the statutorily required two years of history, one semester going towards civics and towards civics education. And I can tell you, back in the nineties, this was something that former Attorney General -- or, Attorney General Jim Ryan was pushing to try to get into the classroom and get to be a mandatory thing. So this thing has been tried over and over and over, which is why we did the task force over a year ago, and we went statewide with that task force. We brought in -- we went to multiple schools, multiple school districts, from downstate to upstate, brought in the information. We told the McCormick Foundation at -- during the task force, if it was unfunded, we would not run the bill, myself and Representative Conroy said that, 143 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 which is probably another reason why they were able to bring together so many community operations and they were willing to put the funding up for this.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McConnaughay. SENATOR McCONNAUGHAY: Thank -- thank you. To the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill, Senator. SENATOR McCONNAUGHAY: Thank you. I think everybody in this Chamber agrees that civics are vitally important to our children as we teach them the process that we are engaged in here today. So I -- I applaud that, that the McCormick Foundation wants to do this. However, at the end of the day, this bill becomes, from my vantage point, an unfunded mandate. I certainly respect their efforts, but I am a No vote and I would discourage the vote. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator McCarter, for what purpose do you rise? SENATOR McCARTER: Question of the sponsor.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Sponsor indicates he will yield. Senator McCarter. SENATOR McCARTER: Senator, perhaps you've already spoken to the previous speaker about -- about this, but why do we have to pass legislation in order for this group to provide funding for a civics program in our schools? Why could they… 144 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015
PRESIDING OFFICER: (SENATOR LIGHTFORD) Finish. SENATOR McCARTER: Why could they not have done this without us?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Cullerton.
I'm -- I'm not sure I understand the question, but we want to make sure that this is taught in the schools and that this is a - - we have a two-year statutory requirement of history; we want one of those semesters to be civics. I don't know how you could -- how the McCormick Foundation could force other schools to teach that unless we made it a legislative deal. Maybe I'm misunderstanding the question, Senator.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McCarter. SENATOR McCARTER: Perhaps you -- perhaps I didn't ask it well enough or you just didn't understand it. Why is it that they cannot do what you're -- what you would like to do here -- why -- why is it they can do that -- they cannot do that without us passing legislation? I can't see any reason we have to pass this for them to come in with their generous funding and efforts to promote civics within -- in our schools. I can't see why we have to pass anything for -- in order for them to do that. Is there a statute somewhere that says that we have to pass something?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Cullerton.
145 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 We don't have to pass anything for the McCormick Foundation to give anybody money, I don't -- I don't believe, but we do have to pass to make the civics requirement of a semester as a requirement for your history -- for your history statutory two- year requirement. So, for one semester, we have to do that legislatively. The McCormick Foundation cannot mandate that one of your semesters is a civics requirement.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator McCarter. SENATOR McCARTER: To the bill. I -- I think it's very clear that from the questions that were asked previously and the answers, this is a mandate. It is partially, potentially, funded. When that doesn't happen, we will be left with the mandate. Is it a good thing? Yes, it's a good thing. I'm sure there will be someone else that'll stand up with much more experience in education than me here soon and talk about what a good thing it is. Yet, it's only partially and potentially funded. And for as many -- for as -- burdens that we've put on local school districts and as limited funding that we have provided, I don't want to be in a position of making it that much more difficult for them. So I urge a No vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Further discussion? Senator Bertino-Tarrant, for what purpose do you rise?
To the bill, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill, Senator.
146 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Like my colleagues, I want to state, I am not trying to kill my good friend's bill over here, because I do think there are some -- definitely some good initiatives through a civic course. However, I do have some concern with the language in this bill, and I have shared it with my -- my colleague over there. When we -- we create Carnegie units in school, they're very simple and they're very straightforward. For instance, we have four years of language art {sic} (arts), two years of writing-intensive, three years of mathematics - and they -- they do spell out algebra and geometry, two years of science. What concerns me with this bill is the language that is added onto it. It says "at least one semester must be civics, which shall help young people acquire and learn to use the skills, knowledge, and attitudes that will prepare them to be competent and responsible citizens throughout their lives". And, again, we know that is a crucial component of civics. The issue is, how do we measure that? How -- how is this a measureable outcome once they -- they leave that half {sic} semester of civics class? And so, it -- it definitely is a concern. Added to that -- coupled with that, I should say, is also, again, like we've said, that they may use private funds for these. Again, we all appreciate the McCormick Foundation. I can tell you firsthand, they do give grants. It does not have to be in statute. We take some of this language out and we can make this a -- a workable piece of legislation. Currently, Illinois State Board of Education is reworking their social studies. So let's just not create an add-on. Let's make sure we have -- inject a good civics program that can incorporate K through twelve, so we just don't have a class, but we have civic-minded students. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 147 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Senator Nybo, for what purpose do you rise?
Thank you, Madam President. Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR LIGHTFORD) The sponsor indicates…
Please.
PRESIDING OFFICER: (SENATOR LIGHTFORD) …he will yield, Senator. Senator Nybo.
Senator Cullerton, like Senator McConnaughay, I was a little distracted with the unusual break that we had after you initially presented this bill. But did I hear you correctly when -- did you refer to this as your Political Corruption Prevention Act this Session?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator T. Cullerton.
No. I was -- I was absolutely flustered by the initial speaker, Senator McConnaughay, and usually when people are interrupted by something over here, it's the shiny spot on my head. But, no, this is -- this is a bill, obviously -- everyone in here agrees civics education is needed; it's necessary. We are only one of ten states that does not have it as a requirement, and this will put us on the path with the other states.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Nybo.
148 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 To the bill, Madam President. Senator, I can certainly understand being flustered by Senator McConnaughay; I'm sure that happens to a lot of us around here. I actually -- hey, I don't know what you guys are thinking about. I actually support this bill. I think it's a good idea. I'm going to vote for this. I think there was a good Chicago Tribune editorial. I think it's a good thing for the children of this State. I think Representative Conroy did a fantastic job in bringing this forward. So you've got my support and I'd encourage a Yes vote on this.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Luechtefeld, for what purpose do you rise?
Thank you, Mr. -- Mrs. -- Ms. -- thank you. The lady in the striped shirt, thank you. You know, I -- I feel a -- this is obviously coming down on a little different side than most -- than most of the time. As you know, I really believe something needs to be do -- be done with the mandates. I mean, we -- and -- and if you've been in Education Committee, I probably fight that so much that it -- it -- it even troubles some of you. But this is -- this is a little different situation in my mind. First of all, here's what's -- here's what's beginning to happen in social studies: There are two years of requirement for social studies, one of those -- one of the -- one of the two years is American history. Most schools have another semester of some -- of some sort of civics. And I would guess that a very high percentage in the -- of the -- of the schools in Illinois have a half a -- or, have a semester of civics. But here's what happens: If they don't, then -- then there are two requirements that each high school must do, and one is you must have the U.S. Constitution and the Illinois 149 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Constitution. Many schools have moved those two programs to the American history classes. I can tell you that most teachers do not finish in one year's time American history. I mean, it -- it -- it goes on, it gets longer, it's tougher. And so what happens is, they crowd that into the American history class. I really believe that with this social -- with the civics class, that's where it should be and that's where it is in most schools. You know, America considers itself the greatest country in the world. It is a democracy. But, you know what, we have not been the greatest country in the world for that long, compared to other nations. Will we be down the road? We will only be the greatest country in the world if citizens make good decisions. And I think you would agree that more and more citizens really don't pay a whole lot of attention. Now, will this change the world? No, but at least it is our opportunity to do what we can that people understand government more than -- more than they do right now. Now you talk about the money that you're putting into it. That money is coming from a foundation. Schools really don't need that money. It -- it's supposed to go for training for teachers. Most schools have that -- that -- those teachers already available. And it is extra money, why not take it for whatever training you want to do? If that money were to go away tomorrow, I don't think it would be a financial burden on any of the schools. So, you know, I'm supporting this. I think it's -- I think it's a good step in the right direction. And, again, I -- hopefully - I know there have been a number of people talking against it - hopefully this is something that we can get enough votes to pass. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 150 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 I'm shocked, the lady in stripes. Further discussion? Senator Connelly, for what purpose do you rise?
Madam President, a question of the sponsor, please.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Sponsor indicates he will yield. Senator Connelly.
Senator, it -- it's loud over here and there's -- Senator Murphy said he was confused earlier, so it's kind of confusing from here to there. A couple of questions about large school districts that we represent out in the suburbs. Did they take a position? Do they feel they can incorporate this into their current programming?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Cullerton.
Hello. Yes… Yes, they can.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Connelly.
Thank you, Senator Cullerton. I have a question about the funding. This McCormick Foundation stuff, and -- and it's -- we've -- we've been discussing it over here. If, after three years, let's say, George Soros or the Koch brothers show up and they want to finance this, will they have a role in the -- the curriculum being presented?
PRESIDING OFFICER: (SENATOR LIGHTFORD) T. Cullerton.
151 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 T. Cullerton, all right. No.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Connelly.
T. Cullerton, who's going to pay for it then?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator T. Cullerton.
Only Madam President can say that, Senator Connelly. We -- we foresee that the funding really is only necessary for the first three years as we roll out the program and then McCormick Foundation has committed they will continue on afterward. I personally believe the McCormick Foundation, as well as you have many other organizations that are involved in this, from -- hold on -- when you start talking the organizations that are supportive of this: the Henry Crown Company, League of Women Voters, Citizens Advocacy Center, Civic Committee-Commercial Club of Chicago. You have a lot of outside partners who are -- who want to be part of this as well.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Connelly.
To the bill, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Yes, Senator, to the bill.
Thank -- thank you. I rise in support of the bill. I -- I commend Senator Cullerton for bringing this forward. It's necessary. I'm not sure this is something you can do in Congress, 152 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 but I know you can do it here. And I -- I urge an Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Delgado, for what purpose do you rise?
Thank you, ma'am. To the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill, Senator.
Thank you, Madam President, Members of the Senate. I want to join our Spokesperson from the other side, as the Chairman of the Education Committee. I do too join and -- and -- and rise in strong support, because civics, unlike history, and although history, of course, is a major course that we all need, civics also deals with today, deals with today and it deals with our local civic involvement. We have the -- we have all kind of -- Civic Federation. Civics that deal with how to put up a stop sign on your corner, how to organize yourself as young people. Madam, we're dealing today with millenniums {sic}, born in 1987 forward; we're dealing with young people in 1982 forward, Generation X; we're talking about baby boomers - I think there's quite a few of us around here. We have a real mix of generation here in Illinois and all around the country, and the world of course, and when we're able to sit down as -- and being able to organize better, it brings civil rights in history, for example, right to the forefront. Even that subject core should be right in the front, because we've seen around our country how many communities have risen up in arms over different issues that have happened civically in their communities on how to deal with certain violence or -- or -- or get upset. And the more we connect their civics as to organizing their -- 153 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 their frustrations and knowing what they can do to organize and get involved, that's what civics does. And based on historical perspectives in history, they want to come out and get civically involved and not just hold a protest sign up. So that's why we have to reincorporate that in America. As many of us grew up getting involved first within our communities, building a block club, et cetera, that's a civic function, and in the schools that allows these young people to engage. And that's why I also stand in strong support and would hope that we all have green lights up here and give our young people an opportunity to make those determinations going forward. I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Chairman Delgado. Senator Oberweis, for what purpose do you rise?
To the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) To the bill, Senator.
I also rise in support of the bill. I am hopeful that… I think I can turn those claps into jeers in just a moment if you give me a second. I rise in support of this bill because I believe that, in fact, if our children have a better education in civics and how government works, they'll be in a better position to make more informed decisions as they vote for our new State legislators. I urge -- Aye for the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Barickman, for what purpose do you rise?
154 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Thank you, Madam President. You know, Senator Cullerton, I think when you took your break before, we thought it was halftime. I think we were only at -- maybe across the first period. This is something. Just a, you know, a serious question to the bill, if I may.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The sponsor indicates he will yield. Senator Barickman.
So, here -- you know, I -- I understand what you're trying to do here and -- and I guess my question is -- you know, the -- the law today requires the two -- the two years of social studies. You're not increasing that, but you're imposing this obligation to teach this semester of civics. I guess my question is, what gets cut when you impose this semester of civics?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Tom Cullerton.
I'm not sure what you would exactly cut. I know that there are probably options that -- that children would not have as that elective -- that second elective. So you would have to go off of there, possibly a geography course. You know, that would be something. But that would be their elective choice.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Barickman.
But I don't think that's what I've asked though. I mean, the -- the -- the law today says two years of social studies and -- and your proposal says, within those two years, at least one semester of civics. So, clearly, you know, the requirement here, 155 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 for those school districts who do not teach civics today, something is going to get cut. My question is, what is that?
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator T. Cullerton.
I guess if -- if anything would be cut - I don't -- I don't believe it would, due to the fact that it would be a history teacher who would be teaching the civics requirement - that would have to be up to the school or the certain school or certain school district.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Barickman.
So -- so, to the bill. You know, I think this is the concern that some of us have -- have raised: On the one hand, you know, everyone appreciates the opportunity for our students to receive a quality education and certainly instruction on civics, but the -- the -- the mandate here that concerns some of us is, on the one hand, this legislation says you've got to teach this course, and on the other hand, the sponsor's response to what gets cut is, well, really that -- you know, your -- the sponsor's response is, it's up to the school districts. What we're doing here is taking away one of the rights of the school districts and imposing on them this obligation to teach this. School districts locally will hear from parents who don't like what's getting cut. Something's going to get cut. And it's going to be for those school districts to respond to those parents and say "Look, we cut something out of the curriculum to be able to satisfy this new law that requires a semester of civics." The parents can complain, the school board 156 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 can listen, but at the end of the day, we're just tying their hands by imposing, yet again, another mandate. So I'd ask for a No vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Cullerton.
To close? Okay.
PRESIDING OFFICER: (SENATOR LIGHTFORD) I'm sorry, there is another light. Senator Luechtefeld, for a second time.
Senator -- Senator Barickman mentioned my name privately over here. It was -- and I guess I would just like to say an answer to his -- to his question. If -- you know, there's -- there's -- there's no restriction at all that you can't take more than two years of -- of social studies. You don't really eliminate anything; you -- you make -- they do have to make some choices. But, you know, they can take two and half years of -- of -- of social studies or three, and many students do already anyway. So, to answer that. See you should not have mentioned my name privately. Thank you.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Well, I -- I guess you mentioned Senator Haine's name as well. Senator Haine, for what purpose do you rise?
Madam President, Ladies and Gentlemen of the Senate, a thought occurred to me when Senator Oberweis surprisingly came to the conclusion this was a good bill. And I agree with Senator Oberweis that's it's a good bill, because civics is the hallmark of a free people, one of the things that separates us from China, a free 157 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 people, beside low wages, air pollution, secret police, and the Communist Party.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Wow! Senator Tom Cullerton, to close.
Well, boy, this has been a whole lot of fun, huh? Why would I ever want to leave any of you? Look, I'd like to thank all of you for your support. I'd like to thank all of you for your questions. For everybody crossing the aisle, it was a wonderful thing. This has obviously been something we focused on two years ago when we started this task force. We got to this point. We've come this far. I would appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) The question is, shall House Bill 4025 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 voting Aye, 7 voting Nay, 2 voting Present. House Bill 4025, having received the required constitutional majority, is declared passed. House Bill 3667. Senator Kotowski. On page 24, House Bill 3667. He indicates he wish to proceed. Mr. Secretary, please read the gentleman's bill.
House Bill 3667. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Kotowski.
158 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Thank you very much, Madam President. It's a pleasure to see you today. House Bill 3667 requires that on or after January 1st, 2016, fifteen percent, currently twenty-five percent, of passenger vehicles, including dedicated or non-dedicated fuel type vehicles, purchased with State funds shall be vehicles fueled by specified alternative fuels.
PRESIDING OFFICER: (SENATOR LIGHTFORD) There any discussion? Seeing none, the question is, shall House Bill 3667 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. House Bill 3667, having received the required constitutional majority, is declared passed. Ladies and Gentlemen of the Senate, we will begin from the beginning, starting from the top of Secretary's Desk, Concurrences, beginning with Senate Bill 13, on page 28. Senator Morrison. Senator Morrison. Mr. Secretary, please read the motion.
I move to concur with the House in the adoption of their Amendment No. 1 to Senate Bill 13. Signed by Senator Morrison.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Morrison, on Amendment No. 1.
Thank you, Madam President. This amendment adds that the Advisory Council can request indicated and unfounded reports to review, instead of just reviewing ones that are selected at random. It also states that requested documents the Department provides 159 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 will be in compliance with privacy laws where redaction is appropriate. I know of no problems with this bill and I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 13. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 13, having received the required constitutional majority, the Senate does concur in House Amendment No. 1 to Senate Bill 13, and the bill is declared passed. Senator Morrison, on Senate Bill 32. She indicates she wish to proceed. Mr… Senator Morrison, on Senate Bill 44. She indicates she wish to proceed. Please read the motion.
I move to concur with the House in the adoption of their Amendments 8, 10, and 11 to Senate Bill 44. Signed by Senator Morrison.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Morrison.
Thank you, Madam President. The intent of this bill was to create a task force to look at drones and legislation we need in Illinois. The interest grew and grew and grew. The amendment basically adds more members to the task force. I would be pleased to ask for your consideration on this.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 160 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendments No. 8, 10, and 11 to Senate Bill 44. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 44, having received the required constitutional majority, the Senate does concur in House Amendments No. 8, 10 and 11, and the bill is declared passed. Please turn your attentions to page 27, with Senate Joint Resolution 29. Senate Joint Resolution 29, on page 27. Senator Jones indicates he wish to proceed. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Jones.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Jones.
Thank you, Madam President. I move for its adoption.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR LIGHTFORD) 3rd Reading. Senator Jones, to the resolution.
161 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 Thank you, Madam…
PRESIDING OFFICER: (SENATOR LIGHTFORD) Mr. Secretary, read the resolution, then Senator Jones.
Senate Joint Resolution 29, offered by Senator Jones.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Jones.
Thank you, Madam President. Senate Joint Resolution 29 creates the Illinois Complete Count Commission, which shall develop, recommend, and assist in administration of the census outreach strategy to encourage full participation in the 2020 federal census of population. I know of no opposition and I'd like to say thank you to Leader Radogno for your amendment.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Leader Radogno, for what purpose do you rise?
Thank you, Madam President. Just to thank Senator Jones too for his willingness to amend the bill. I think it's better now. It covers -- not only got a partisan balance, but state wide, so I think the results of the study will be very difficult to question. So thank you very much.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Is there any further discussion? Seeing none, the question is -- as this resolution requires the expenditure of State funds, a roll call vote will be required. The question is, shall Senate Joint Resolution 29 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. 162 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Joint Resolution 29, having received the required constitutional majority, is declared adopted. On the Order of Secretary's Desk, Resolutions, on page 26. Senate Resolution 148. Senator Kotowski. Gentleman indicates he wish to proceed. Mr. Secretary, please read the resolution.
Senate Resolution 148, offered by Senator Kotowski.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Senator Kotowski.
Thank you, Madam President, and thank you, Ladies and Gentlemen of the Senate. Senate Resolution 148 encourages the Governor's administration, including Department of Human Services Division {sic} (Divisions) of Mental Health and Alcoholism and Substance Abuse, the Department of Healthcare and Family Services, and the Governor's Office to prioritize a plan aimed at securing and submitting an application for a community mental health planning grant for the State of Illinois. It also urges the administration to collaborate in this effort with key stakeholders, including organizations representing individuals with serious mental illness, community-based mental health providers, substance abuse {sic} (use) treatment facilities, federally qualified health centers, hospitals, supportive housing providers, and rural health clinics.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall Senate Resolution 148 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all 163 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. Senate Resolution 148, having received the required constitutional majority, is declared passed. Ladies and Gentlemen of the committee {sic}, I have an announcement, please. May I have your attention for an announcement? This is an updated committee announcement. Criminal Law is canceled. Criminal Law is canceled. I know you're disappointed. Judiciary will meet tomorrow morning at 11 a.m. in Room 400. Transportation will meet tomorrow morning at 11:30 a.m. in Room 212. And Labor will meet at 11:45 a.m. in Room 212. Judiciary, at 11:00; Transportation, at 11:30; and Labor, at 11:45. Ladies and Gentlemen of the Senate, we stand in recess to the call of the Chair. We will be returning. No further Floor action. We will return for committee reports. Okay, take two. On the second take, 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 refused to concur with the Senate in the adoption of their amendment to a bill of the following title, to wit: House Bill 2919. Which amendment is as -- which follows: Senate Amendment 1 to House Bill 2919. Non-concurred in by the House, May 30th, 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 164 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 760. 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 760. We have received a like Message on Senate Bill 1608, with House Amendment 1. Passed the House, as amended, May 30th, 2015. Timothy D. Mapes, Clerk of the House.
PRESIDING OFFICER: (SENATOR LIGHTFORD) Will the Committee on Assignments please report to the President Antesroom {sic} immediately? Will the Committee on Assignments please come to the President's Anteroom immediately? Senator -- we stand at ease and Senator Link is in the Chair. (at ease)
PRESIDING OFFICER: (SENATOR LINK) For the record - we want to make this very clear - Labor and Transportation will not be meeting today. They will be meeting tomorrow at the times announced. Thank you. Mr. Secretary, Committee Reports.
Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to Judiciary Committee - Motion to Concur on House Amendments 1 and 2 to Senate Bill 836. Signed, Senator James F. Clayborne, Chairman.
PRESIDING OFFICER: (SENATOR LINK) The Senate will stand in recess to the call of the Chair. 165 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015 After committee meetings, the Senate will reconvene to receive committee reports and other matters not requiring Floor action. The Senate stands in recess. (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR LIGHTFORD) The Senate will come to order. Mr. Secretary, Committee Reports.
Senator Martinez, Chairperson of the Committee on Licensed Activities and Pensions, reports Senate Amendment 1 to House Bill 3219 Recommend Do Adopt. Senator Landek, Chairperson of the Committee on State Government and Veterans Affairs, reports Senate Resolution 618 and 623 Be Adopted; Motion to Concur - House Amendment 1 to Senate Bill 1728 and House Amendment 1 to Senate Bill 1846 Recommend Do Adopt. Senator Harmon, Chairperson of the Committee on Executive, reports Senate Joint Resolution 28 Be Adopted, as Amended; Motion to Concur on House Amendment 1 to Senate Bill -- House Amendments 1, 3, and 4 to Senate Bill 96 and House Amendment 4 to Senate Bill 777 Recommend Do Adopt. Senator Hutchinson, Chairperson of the Committee on Revenue, reports Motions -- Motions to Concur - House Amendments 1 and 2 to Senate Bill 507 Recommend Do Adopt. Senator Jones, Chairperson of the Committee on Local Government reports Motions to Concur - House Amendments 2 and 3 to Senate Bill 1854 Recommend Do Adopt. 166 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 52nd Legislative Day 5/30/2015
PRESIDING OFFICER: (SENATOR LIGHTFORD) 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 adopted the following joint resolution, in the adoption of which I am instructed to ask the concurrence of the Senate to wit: House Joint Resolution 54. Offered by Senator McCarter, and adopted by the House. We have like Messages on House Joint Resolution 67, offered by Senator Bennett; House Joint Resolutions 68 and 69, offered by Senator Righter; House Joint Resolutions 71 and 72, offered by Senator Rezin; House Joint Resolution 74, offered by Senator McCarter; House Joint Resolution 75, offered by Senator Raoul; House Joint Resolution 78, offered by Senator Barickman; House Joint Resolution 81, offered by Senator Luechtefeld; House Joint Resolution 83, offered by Senator Mulroe. All adopted by the House, May 30th, 2015. Timothy D. Mapes, Clerk of the House. They are all substantive, Madam President.
PRESIDING OFFICER: (SENATOR LIGHTFORD) There being no further business to come before the Senate, the Senate stands adjourned until the hour of 12 noon on the 31st day of May 2015. The Senate stands adjourned. 167