Illinois General Assembly Floor TranscriptsBrowseSenate99th GA

Illinois Senate Floor Debate — August 5, 2015

99th General Assembly (2015-2016) · Legislative day 64 · Regular Session
Chamber
Senate
General Assembly
99th (2015-2016)
Date
August 5, 2015
Legislative day
64
Session
Regular Session
Speaker turns
101
Original
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James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) The regular Session of the 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 Minister Verzell Taylor, Main Street Church of the Living God, Decatur, Illinois.

MINISTER VERZELL TAYLOR

(Prayer by Minister Verzell Taylor)

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) The Pledge Allegiance will be led by Senator Cunningham.

Bill Cunningham (D)

(Pledge of Allegiance, led by Senator Cunningham)

James F. Clayborne Jr. (D)

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

Neil Anderson (R)

Senate Journal of Tuesday, August 4th, 2015.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hunter.

Mattie Hunter (D)

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

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hunter moves to postpone the reading and approval of the Journal, pending arrival of the transcript. There being no objection, so ordered. James R. Carder with Bluestream.com {sic} (Blueroomstream.com) seeks leave to videotape. Seeing no objection, leave is granted. Mr. Secretary, Resolutions.

Neil Anderson (R)

1 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 64th Legislative Day 8/5/2015 Senate Resolution 848, offered by Senator Haine and all Members. Senate Resolution 849, offered by Senator Forby and all Members. Senate Resolution 850, offered by Senator Anderson and all Members. Senate Resolution 851, offered by Senator Connelly and all Members. They're all death resolutions, Mr. President.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Resolutions Consent Calendar.

Neil Anderson (R)

Senate Resolution 852, offered by Senator Forby. It is substantive.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Mr. -- Mr. Secretary, Committee Reports.

Neil Anderson (R)

Senator Biss, Chairperson of the Committee on Human Services, reports Senate Amendment 1 to Senate Bill 570 Recommend Do Adopt.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) We're about to take Floor action. All Senators at the sound of my voice, please come to the Floor. We're getting ready to take Floor action. All Senators at the sound of my voice, please come to the Chamber so we can proceed with our business for this morning. Thank you. We're getting ready to proceed to 3rd Reading, final action. All Members at the sound of my voice, please come to the Floor so we can proceed with the order of business today. We are proceeding to page 6 of the printed Calendar, Senate Bill 570. Senator Hutchinson. Senator 2 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 64th Legislative Day 8/5/2015 Hutchinson. Senator Hutchinson seeks leave of the Body to return Senate Bill 570 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 570. Mr. Secretary, are there any Floor amendments approved for consideration?

Neil Anderson (R)

Floor Amendment No. 1, offered by Senator Hutchinson.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hutchinson, to explain.

Toi W. Hutchinson (D)

Senate Amendment No. 1 becomes the bill. I'll explain it on 3rd.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, all in -- all 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?

Neil Anderson (R)

No further amendments reported.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) 3rd Reading. Now on the Order of 3rd Reading, Senator Hutchinson indicates she does want to proceed. Mr. Secretary, please read the bill.

Neil Anderson (R)

Senate Bill 570. (Secretary reads title of bill) 3rd Reading of the bill.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hutchinson, to explain.

Toi W. Hutchinson (D)

3 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 64th Legislative Day 8/5/2015 Thank you -- thank you, Mr. President. I didn't realize this was going to happen this fast. Members of the Senate, Senate Floor Amendment No. 1 to Senate Bill 570 deletes everything and becomes the bill. It removes the provision that authorizes the Department of Human Services to lower income eligibility, raise parent copayments, create waiting lists, or take similar actions to the child care assistance program. It also adds a provision that requires the State to serve all children who fall within the eligibility criteria established by the Department regarding income eligibility and meet the required work or school activity. Let me say this before we actually get in to what -- if there will be questions on this bill: What this bill does is makes sure that any policy decisions we make regarding the child care program are done within a policy forum, i.e., the regular rulemaking process or by statutory changes. This bill would make it so that the Department would continue to follow the federal guidelines as it relates to child care eligibility and it is an attempt to make sure that we don't continually dismantle the entire child care system across the State. I'm happy to entertain any questions and I would hope for your support.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Senator Righter.

Dale A. Righter (R)

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

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Sponsor indicates she -- she will yield, and you're welcome, Senator Righter.

Dale A. Righter (R)

Thank you. Senator Hutchinson, you and I discussed this a 4 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 64th Legislative Day 8/5/2015 little bit earlier this morning in Human Services Committee. What -- considering the challenges that we face - and I'm not talking about the substantive challenges that we faced in January, which was already a six-billion-dollar challenge, but -- but now, obviously, that problem is more severe - what would you do? What would you do? I mean where…

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator…

Dale A. Righter (R)

What would you do to make sure that the program continues to get money?

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hutchinson.

Toi W. Hutchinson (D)

I supported the appropriation we've already done for child care. That's what I would do.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter.

Dale A. Righter (R)

Well, and I appreciate that, Senator, but as you -- as you know, the appropriation that you supported was not supported by money to pay for the appropriation that you supported. And so, as we've talked about, it seems like many, many times on this Floor, promising thirty-six when you only have thirty-two means someone gets left out. And I would argue that based on the comments of the child care providers in my district, and I'd bet yours, that they feel like they're the ones who have been oftentimes left out in the cold. But let me ask you a second question. Where is the money going to come from to pay for locking in the program, before 5 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 64th Legislative Day 8/5/2015 the Governor filed his emergency rules? Where's that money coming from?

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hutchinson.

Toi W. Hutchinson (D)

We passed an appropriation that included appropriations for this. This has always been a priority for our caucus. So if there is something that you do not want to pay, we still say that the Governor has every opportunity to line-item those out. My response as to how we protect this is that the emergency rule that wasn't implemented really reduced the income requirements by fifty percent, which is deeper than the revenue problem that we have currently. So in light of that, any policy changes that we do to the child care system need to happen within the regular rulemaking process and within the regular public policy forum of the General Assembly, not the emergency rule process. Because what's happening now is that the centers are being decimated across the State.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter.

Dale A. Righter (R)

Senator, in his -- I think it was his most recent press conference, the Senate President stood up and said, "This appropriation is dead." He said that. And so the notion that there is some kind of appropriation out there that is going to pay the bill for this, much less a revenue source that's going to pay for the appropriation that the Senate President -- is dead, just isn't true. So I'm going to ask again: Where is the money coming from to pay for this program if we don't try to narrow the focus of the program? Where is the money really coming from? 6 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 64th Legislative Day 8/5/2015

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hutchinson.

Toi W. Hutchinson (D)

Every budget that we have passed has had funding for this program and that appropriation is dead because the Governor vetoed it rather than line-itemed it. So when he signed the K through 12 education budget, knowing that it would be very important for schools not to close and to open on time, what we've done added on this is that for those families that have school-aged children but then younger siblings, we've added another crisis on top of that. The fifty percent reduction in the income eligibility requirements is deeper than what our revenue situation would cause. And I would restate: Every budget we have passed has included an appropriation for this program. This is a priority for our caucus. It was vetoed - not line-itemed - vetoed by the Governor. And that's why it's dead.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter.

Dale A. Righter (R)

Thank you, Mr. President. Well, Senator Hutchinson, I appreciate that, but whether it was Governor Rauner or Senator Murphy's Santa Claus from yesterday or the man on the moon, it doesn't matter who vetoed it; what matters is, is that the appropriation - and I agree with the Senate President - the appropriation is dead. So whether the criteria, the eligibility criteria in terms of income goes up or goes down or stays the same, there's no money. It doesn't matter how many people are eligible for the program if you do not have a dollar to pay for it. So I will ask, and this will be the last time I ask, where is the money 7 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 64th Legislative Day 8/5/2015 coming from to support what -- your attempt to preserve the current eligibility standards for the program? Where is that money going to come from?

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hutchinson, for the last time.

Toi W. Hutchinson (D)

Thank you so much, 'cause this will also be the last time I say it. The appropriated amount has been given by the spending plan that was passed by the General Assembly. Your point about whether or not whose -- whose fault it is that it was denied doesn't change the fact that ninety percent of children across this State will no longer be eligible for child care. So unless we have some cooperation to make sure that six-year-olds aren't left in parks because we have political ideological differences, or with questionable people that we're not sure about, you know, who -- the safety of the kids, or parents stop doing what we've told them to do, which is go to work or go to school, then you'll work with us to make sure we preserve the fact that the entire child care network across this State is in grave jeopardy. We are sent here to solve problems. This is a problem. And at a fifty percent eligibility cut in what it takes to -- to qualify for this system, when our revenues don't require that deep of a cut, actually stands for the fact that we should have more conversation in the regular rulemaking process and in the regular statutory process, in a public policy forum where people can discuss and debate and decide what a true priority for the State is. That's the last time I'll say about how I feel about the child care system and whether or not we can figure out a way to pay for kids who can't afford to come down here and argue with us on the rail. 8 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 64th Legislative Day 8/5/2015

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Righter, I hope we're not asking the same question. I think I -- I -- I know as lawyers we -- we tend to think we can get questions answered by going different routes, but I think she's answered that question about three times. But I -- I recognize Senator Righter.

Dale A. Righter (R)

Thank you for that admonition, Mr. President. And while the question wasn't answered, I will not ask it again. A couple things, though. The ninety percent figure that the sponsor just alluded to - let's not get carried away. The witness who provided the ninety percent figure at first was questioned about that - actually, from a Member of the Democrat side of the aisle, quite responsibly - and admitted that that's an estimate. There are absolutely no figures to back up the ninety percent allocation. So let's just take a breath here. I agree that we're all sent here to solve problems and this is a problem, but Senate Bill 570 is not a solution in any way, shape or form. I mean, you can restructure across all of State government any, any program that you want to, but if you have not a dime to pay for that program, it really doesn't matter how you've structured it. Now what Senate Bill 570 will do is it will change the child care assistance program into an entitlement program. Because what Senator Hutchinson seeks to do here, it says it doesn't matter how much money the taxpayers have, it doesn't matter how much the elected representatives of the General Assembly have decided to appropriate to the child care program, if you meet these criteria, you are eligible for the program. We are walking the path with Senate Bill 570 that we walked with Medicaid, where we say, 9 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 64th Legislative Day 8/5/2015 "Doesn't matter how much money we have, these are the criteria; if you meet the criteria, we'll pay for the service." Now that may be sometimes we'll pay for the service nine months or a year later, and I'm sure your child care providers will be thrilled with that. That's what this bill does. Now the Governor's emergency rule - which, by the way, is authorized specifically by statute in this instance - that emergency rule seeks to narrow the focus of the program - not just in terms of income eligibility, but also in terms of requiring an applicant to seek child support from a parent if they're not otherwise doing so. It requires them, as current law does, to be enrolled in TANF. It requires background checks for relative child care providers - something we need to do in this State. There's a lot in this rule. But the simple fact is, is this is not an answer to any problem we have. You may not like the Governor's solution to try to save the program, but simply rejecting his and saying, you know, the General Assembly's going to take charge of the financing now, we're going to manage the finances, has not worked well in this building for a number of years and it will not on this program as well. I urge a No vote. Thank you, Mr. President.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hutchinson.

Toi W. Hutchinson (D)

There's no statute that authorizes this. He's citing the emergency rulemaking authority to make an emergency rule at this point. And the point of this bill does not remove the ability for us to make changes or narrow specific things in programs for whatever way the General Assembly decides. That is not the emergency rule making process responsibility; that is the 10 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 64th Legislative Day 8/5/2015 Legislature's responsibility or the regular rulemaking process responsibility, where people can testify, add debate, and we can do deeper dives. No one is saying that we don't want background checks or people to -- to seek child support when they want to. But I will note that in certain states that had this rule regarding the child support, in situations with domestic abuse or violence in the home or violence, anything where people do not or cannot go through the court system and advertise where they live, those states have rescinded that rule because of those safety concerns. That is not something that we ought not take up; we absolutely should if it's something that the General Assembly believes is a policy area that we should discuss in the regular rulemaking process and under the regular statutory authority of the General Assembly. This bill returns the eligibility requirements to what they were before this fifty percent reduction through the emergency rulemaking process, which means if you make less than twelve thousand dollars a year -- if you make more than twelve thousand dollars a year, you don't qualify as a family of four. Let me repeat that: Full-time minimum-wage workers do not qualify for child care under this emergency rule. I find that unconscionable. Happy to entertain any more questions.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Steans.

Heather A. Steans (D)

Yeah, to the bill. Yeah, I want to thank the sponsor for bringing this forward. You know, I'll acknowledge, I think it's unfortunate that we are here trying to legislate around an emergency rule. It's clearly not the way the ship should be run. I think we're being put into this situation because we aren't 11 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 64th Legislative Day 8/5/2015 getting to agreement and being responsible and doing things that are right here, and now some emergency rules are getting put in place that sort of undo the very fabric of things that help make Illinois a competitive and compassionate place. There's -- I just want to also speak specifically to some of the numbers that were thrown around on this. The budget for the child care assistance program last year was four hundred and ninety-four million dollars. The budget that the General Assembly passed reduced it to four hundred and eighty million. The Governor had proposed a budget far less, at about three hundred and, I think it was, thirty-eight million dollars. But these emergency rules even would bring that spending down to even far below what the Governor had done. Clearly, the General Assembly has made it a much higher priority to provide child care so that people can continue to work, can continue to get educations, and have their kids not latchkey kids sitting at home untended. One of the other enormous priorities I think we've all shared across the aisle here has been investment in preschool and the feeling that getting kids ready to read by third grade, getting them to early childhood so that they are ready to read by third grade is an enormous value and priority that I believed everyone shares. If we undo this child care program, we're not only making it difficult for families to work, we're undermining our whole efforts to do Preschool for All that we've been embarking on in this State. While those numbers have been dropping unfortunately, this will precipitate that even farther. Right now, Preschool for All only provides about two and a half hours of preschool. That doesn't match and make it work for many working families. Child care provision around those early childhood {sic} is what makes it work. If we undermine this, we 12 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 64th Legislative Day 8/5/2015 also undermine the ability for these kids to get quality educations, and, really, we know what the trajectory that sets us on. It sets us on all sorts of very bad problems for these kids later on down the road that's much more costly for the State. It's hugely problematic that, by an emergency rule, we're undermining so much of what's important here and keeping Illinois on the right track. I'm very pleased that the sponsor's been bringing this bill forward and certainly urge an Aye vote. Thank you.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) The -- Ed Cross with WAND-TV seeks leave to video. Seeing no objection, leave will be granted. Kelsey Gibbs with WCIA-TV seeks leave to video-record. Seeing no objection, leave is granted. Senator Biss.

Daniel Biss (D)

Thank you, Mr. President. To the bill, if I might. There's a lot of, kind of, procedural arguments flying around the Chamber right now and I -- I think it's a little bit misleading. I, first of all, want to highlight something the previous speaker said that I think is super important, which is that the recommended appropriation in the Governor's own budget was significantly more than would be required to fund the impact of this emergency rule. So even under the Governor's introduced budget, this emergency rule is not necessary. There's a -- also been some reference to the idea that because the statute - as it exists before this bill is hopefully signed into law - authorizes these kinds of changes, that means that was inappropriate for us to consider this bill or change the law. Well, in fact, that statute is there based upon a view of good-faith -- collaboration, I should say, between the Legislative and Executive branches in an effort to provide child 13 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 64th Legislative Day 8/5/2015 care in a affordable way for the families that need it most. What's happened now is that the Governor has made a policy decision to throw tons and tons and tons of people off of child care and is trying to advance it via an emergency rule. That's a bizarre decision for him to make, but if he wants to make it, it is his prerogative do so, and it has been our prerogative to restore to the Legislature the authority to guide policy on this question. This is a core, core service provided by people who are devoted to families who need it to enable people to continue going to work and allowing this basic business of the State to continue. And it is completely appropriate for this Body to make a decision around the scope and breadth of that program. And I think if you -- if you sat in committee this morning and heard about the consequences to families of allowing this emergency rule to go forth, it becomes very, very clear that this is an important measure for us to enact today. I want to thank the sponsor for her leadership on this and urge every single Member on both sides of the aisle in this Chamber to please vote Aye. Thank you.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Hutchinson, to -- to close.

Toi W. Hutchinson (D)

Thank you, my -- to my colleagues on this. This is -- I know it's difficult right now. This is very unusual time that we're living in. We have very significant policy differences that we are engaging in right now which have led to this impasse. And I don't know -- I wish there was something I could say to make everybody come together. I would hope that on issues of child care that that would be one thing. I would hope that we as a state would not look at children across this State as leverage - 14 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 64th Legislative Day 8/5/2015 leverage. I -- I don't. So it's my hope that we will be able to send a strong message to those people who are doing exactly what we told them to do, which is get up every day and go to work or try to go to school; that when you need help, there's no shame in that; and that as a policy, we don't turn children away. We don't do that. So we can have money fights all you want, we can have policy fights all you want, but there is a line item in the budget for children that we need to take full recognition of. This is one of those times where this is one of those things that should be lifted out of the partisan disagreements we have because these kids aren't Democrats, they're not Republicans, they're not fighting about workers' compensation or union labor rights, or any -- they're not -- they're not doing anything but trying to learn their numbers and letters and be someplace where it's safe, and where parents know that it's safe. The -- the consequences of doing nothing are much more dire than you making an exception this one time - than you making an exception this one time - to those of you who signal that you want to vote No. At least vote Present and give some people some hope that you're not turning your back on every child across this State. Please vote Yes.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senate Bill 570, having an -- having an immediate effective date, requires thirty-six votes. The question is -- question is, shall Senate Bill 570 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. There are 37 voting Yea, 7 voting Nay, 9 voting Present. Senate Bill 570, having received the required statutory authority {sic], is declared passed. With leave of the Body, we will proceed to 15 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 64th Legislative Day 8/5/2015 page 13, House Bill 576. President Cullerton. Mr. Secretary, please read the bill.

Neil Anderson (R)

House Bill 576. (Secretary reads title of bill) 3rd Reading of the bill.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Mr. President, present your bill.

Thomas Cullerton (D)

Yes, thank you, Mr. President, Members of the Senate. House Bill 576 freezes the fiscal year 2016 cost-of-living adjustments, per diems, and mileage for General Assembly Members and other top State officials. These COLAs have been frozen since fiscal year 2010. The per diems and mileage reimbursements have been at the same level since fiscal year 2012. I would note that the effective date of this bill is to freeze the COLAs for the entire fiscal year 2016. So if anyone has received a COLA for the first pay period, you would owe that money back to the State. We're going to ask the Comptroller if - for those who get automatic deduction -- or automatic deposits - if -- if she could make that change for us in the next pay period. Be happy to answer any questions.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Bill 576 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. There are 49 voting Yea, 2 voting Nay, none voting Present. House Bill 576, having received the statutory requirement, is declared passed. Senator Nybo, for what purpose you seek recognition? 16 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 64th Legislative Day 8/5/2015

Chris Nybo (R)

Thank you, Mr. President. For purposes of an introduction, please.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Please state your introduction.

Chris Nybo (R)

I -- I appreciate that, Mr. President, because I just barely received permission this morning to do this introduction. But if I could have the Chamber's attention, I've got a very special guest with me today. I would have loved to have tried to introduce him to all of you over the last twenty-four hours, but he's a little shy and I -- I understand that and appreciate that. But it's my son Connor. Connor, you can stand up now. He's even shy to stand up. My son Connor has been here helping me all day today and yesterday. He was very excited that he was able to vote a -- a green button a couple minutes ago, so thank you for that opportunity. Today's a special day for Connor; he's actually turning eleven. And it's been an amazing experience watching this -- this child turn into a very impressive young man and I'm just very proud to have him here with me. We've had some fun down here in Springfield. The sad news is, since we just voted to take away our COLA increase - I was planning on using that money to get Connor a wonderful birthday present this afternoon - so, Connor, I'm really sorry I'm not going to be able to buy you a birthday present, so… Of course, I'm just kidding. If everybody could extend him a very warm welcome to Springfield and -- and a happy birthday if you happen to see him. Thank you.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Welcome to Springfield, Connor. Happy birthday to you, 17 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 64th Legislative Day 8/5/2015 Connor. Thanks for being here. Senator Harmon, for what purpose do you seek recognition?

Don Harmon (D)

A point of personal privilege, Mr. President.

James F. Clayborne Jr. (D)

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

Don Harmon (D)

I just ask if the record would reflect my intention to have voted Yes on House Bill 576, the vote we just took. Thank you very much.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Record will so reflect. Senator Manar.

Andy Manar (D)

Thank you, Mr. President. I rise for a point of personal privilege.

James F. Clayborne Jr. (D)

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

Andy Manar (D)

If I could draw my colleagues' attention to the Consent Calendar that was distributed earlier this morning to a pair of resolutions that were introduced by myself and Senator Rose regarding the passing of Decatur Mayor Mike McElroy about two weeks ago, I'd like to say a few remarks about the Mayor. And I would appreciate the Body's attention. Thank you. Mayor McElroy served the City of Decatur well. He was a good man. He did a good job for the City. The resolution includes a lot of information about his accomplishments and I think those should be stated today on the Senate Floor. And of course, they're numerous, but these are some of the important things that he accomplished to not just help 18 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 64th Legislative Day 8/5/2015 the City of Decatur, but help the State of Illinois. He was a supporter of the Midwest Inland Port, which is a development in the core of the City that, I would say, is providing exponential job growth for not just Decatur, but -- but the State. He helped bring a ninety-one-million-dollar dredging project to Lake Decatur, which is going to keep business and keep population in the City for years to come. If you visited downtown in Decatur, I think you'd be impressed. It was -- it's remarkable. It's -- it's a wonderful, wonderful environment - streetscaping enhancements, restaurants, things to do for families. That was something that was put into motion by Mayor McElroy many, many years ago. He was a member of the Holy Family Catholic Church. He served on the -- ABDI's board of director {sic}, the Associated Beer Distributors of Illinois. He was a vocal voice in the Municipal League as -- as Mayor of the City of Decatur. He was a graduate of St. Teresa's High School, which is, of course, an institution in the City. He was very proud of St. Teresa and their accomplishments over the years. His memorial at his funeral service was for -- for the high school. Some might think it's odd that -- that I'm standing up and talking about him because we had a pretty heated race back in 2012, but I'm going to use a word for Mayor McElroy that I don't think has been used yet of all the discussions and, you know, the -- the public, you know, discussion of about his sudden passing on the July 17th, but I think he was an inspirational guy, because every time I was with him, not just in Decatur, but here in the Capitol, and many of you may have heard him say these things in committee hearings, but he would say things like "We are moving forward in Decatur." That came out of the Mayor's mouth many, many times. He would say, "I'm never going to 19 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 64th Legislative Day 8/5/2015 apologize for being from Decatur." He would say, "We have a lot to be proud of in the City of Decatur." And those weren't just words to him - he meant it. He meant everything he said when it was talking about the City that he led. He was the City's biggest proponent, the big -- the biggest cheerleader for the City of Decatur, with all of its challenges. He was a good leader and he provided leadership during a very difficult time. He was first elected in 2009 and -- it was shortly after the 2012 election that he and I had a -- had a brief meeting. It was a little rough. It wasn't -- it wasn't the easiest in the world, but shortly after that, we found ourselves in the same place, in a place called the Oasis Center, which is a homeless shelter, serves thousands of people a year, providing mental health services, shelter, food, you know, anything that's needed for that population in Decatur. And I remember it was a hot day and it was about this time of year, right after the 2012 election, and we were out in the parking lot and he walked up to me and he shook his -- shook my hand and he said, "You know, we should talk, because if we talk, then the City of Decatur's going to improve." And I said, "I agree with you, Mayor. We should -- we should talk." And we did - and it was regular. And I enjoyed our conversations. We had our disagreements. We had severe disagreements at times, but that never prevented us from talking to improve the City and the people of -- the lives of the people that live in the City. The day he passed, I was actually sitting in his office that morning. I had a meeting with Tim Gleason, who is the new City Manager that took over a few months ago in the City of Decatur. And we were going to go over an agenda of things that were important in the near future for the City and I got word sitting in his office that there 20 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 64th Legislative Day 8/5/2015 was an accident when he was traveling in a car and that he had passed -- passed away. So, Mr. President, I -- I think there's a few others that want to speak, but I just felt it necessary to recognize his service and, most of all, recognize his family that is here today. And I want to point out his wife, Lynn. They were married for thirty-five years. And she has joined us today, because he was a good person, a good man, a good leader for the City of Decatur. Thank you.

James F. Clayborne Jr. (D)

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

Chapin Rose (R)

Thank you. Point of personal privilege, if I may.

James F. Clayborne Jr. (D)

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

Chapin Rose (R)

I thank my colleague, Senator Manar, for putting this in and for his wonderful words on behalf of a friend, a constituent, and the family. It's been a very difficult two weeks for them and for the whole region. One of the things that's sort of amazing about Mike McElroy, the Mayor, is he -- you'd expect the -- the Decatur paper obviously covered this. The Champaign paper, forty-five minutes away, covered it as a top-of-the-fold story as well, because he had another family in Danville. And he had graduated from Decatur St. T and spent twenty years as a businessman and a family man and -- and a community leader in Danville as well, ninety miles away, and then moved back to his hometown and became Mayor. Imagine that, he spent twenty years away and you go back home and then you're Mayor. That says a lot about somebody. The Mayor of Danville, Scott Eisenhauer, described Mike as a "larger- 21 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 64th Legislative Day 8/5/2015 than-life character", and anybody that knows him, knows that that is absolutely true. Mike McElroy had a lot of life to -- to give - and he certainly did that! He did it for his family. He did it for his neighbors. He did it for his business. He did it for his community. He did it for our whole region. Nobody loved Decatur more than Mike McElroy. Bottom line. Everything that he did was about advancing that ball. He'd be here all the time. And IML, he would serve on IML committees. He had a lot of life to give. To Lynn, we thank you and your family for sharing him with the rest of us. It's weird, I -- I talked to him just a couple days before he passed, and it's one of those things you don't realize what's happening when it happens, but I now treasure that conversation very much. Mr. President, at the end of this - I think there's a few other speakers - but I would ask for a moment of silence. Mike McElroy is one of those rare individuals that has given so much to his community, to our State, that he deserves it. Thank you.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator McCarter, for what purpose do you seek recognition? SENATOR McCARTER: A point of personal privilege.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Please state your point. SENATOR McCARTER: Many of you know, when I -- my -- when I was appointed, I represented the Decatur area, the 51st. And if -- if you know anything about Decatur, it's a unique city. It's got a great mix of all kinds of people. It's gone through all kinds of challenges historically. And there was plenty of reasons -- there have been 22 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 64th Legislative Day 8/5/2015 plenty of reasons for people to leave Decatur. But there were some that had this -- just assurance that things were going to be okay, and that they were going to overcome. And I haven't heard it -- I haven't heard the Mayor mentioned this way, but this is the only way I addressed him at, and that was "Tuna". That was his real name. That was his real name. And -- but Tuna was one of those that would never give up. And -- and he was that way as a friend too. He -- he wouldn't -- you may not agree with him, but he would not betray you. And that's a character trait that's -- we -- we -- we don't see enough today, but we saw it in Tuna. And so, as a leader, as a -- a man that loved and protected his family, we have a lot to remember and learn from. And so, I was fortunate, for a short time, to be able to know Decatur by knowing Tuna. And so, we -- we -- we were fortunate to have him here with us for this time.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Would everyone rise for a moment of silence for Mayor McElroy? (Moment of silence observed) Thank you. Mr. Secretary, Resolutions.

Neil Anderson (R)

Senate Resolution 853, offered by Senator Clayborne and all Members. It is a death resolution, Mr. President.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Resolution Consent Calendar. With leave of the Body, we will proceed to page 15, the Order of Resolutions. Senate Resolution 842. Senator Bush. Mr. Secretary, ready to proceed.

Neil Anderson (R)

Senate Resolution 842, offered by Senator Bush. 23 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 64th Legislative Day 8/5/2015

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Please explain the resolution.

Melinda Bush (D)

Thank you, Mr. President. So, Senate Resolution 842 merely adds three members to a work group that we created on government consolidation. It'll add three members recommended by an association representing municipalities or cities. I'd be happy to answer any questions and I would urge an Aye vote.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Any questions? Seeing none, this requires the expenditure of money, so it requires a vote. The question is, shall Senate Resolution 842 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 55 voting Yea, none voting Nay, none voting Present. Senate Resolution 842, having received the required constitutional majority, is declared passed. Senator Radogno, for what purpose do you seek recognition?

Christine Radogno (R)

A point of personal privilege, please.

James F. Clayborne Jr. (D)

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

Christine Radogno (R)

Thank you. You know, we have many staff that come and go through the Chamber. Some are here longer than others and make a bigger impact. And I just want to recognize one staff member that we have on this side, who we don't see quite as much 'cause he's on the Approp staff, but he does a fantastic job, has been -- become an expert in Medicaid and transportation. Jim Foys has 24 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 64th Legislative Day 8/5/2015 been here for fifteen years and is now moving on. He's going to be working in the administration. So I just want to wish him well. He's done a terrific job here. And I know he'll do a great job in the administration.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Congratulations. Appreciate your hard work. Senator Bennett, for what purpose do you seek recognition?

Scott M. Bennett (D)

Introduction.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Please state your introduction.

Scott M. Bennett (D)

Thank you, Mr. President. It is my honor today to welcome some friends and some guests here to the Senate Chamber. In the rear on the right side - if you'll please stand - Jane Foster, Jennifer McCoskey, and Jennifer's daughters, Rachel and Erin McCoskey. And in the spirit of true bipartisanship, when I first was looking for a job as a prosecutor, Jane - who it's fitting that she's on the Republican side, is a strong conservative from Senator Barickman's district actually - I was applying for a job in the McLean County State's Attorney's Office with a résumé that made it very clear that we do not share a lot of views on -- in politics, but to Jane, a prosecutor was a prosecutor. And she gave me a chance in that office and I enjoyed that and then continued to -- to be a prosecutor until my time here, and I -- I'll be forever grateful for the -- the -- her looking past a simple résumé and looking at the person. Jennifer McCoskey was a -- an incredible prosecutor that I worked with at that office as well. They continue to be attorneys in the Bloomington-Normal 25 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 64th Legislative Day 8/5/2015 area. And Jennifer has brought her daughters, who are very interested in government, here to the Senate. So if you'll please give them all a warm Senate welcome.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Welcome to Springfield. Thanks for coming here today. Hope you enjoy your day. We will proceed down to House Joint Resolution 67. Senator Bennett. Mr. Secretary, please read the House joint resolution.

Neil Anderson (R)

House Joint Resolution 67, offered by Senator Bennett.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Bennett, to explain.

Scott M. Bennett (D)

Thank you, Mr. President. This resolution, as -- as was stated, is a joint resolution. It represents a bipartisan effort between me and my Representative, Chad Hays, from the House. This came out of a -- a movement by a -- group of local schoolchildren in the North Ridge Middle School in Danville. Water safety is a -- is a big issue there. There are a lot of accidental deaths that involve -- involve water. In particular, in the Danville area, where in 2013 alone, we lost two young children under the age of eleven. The children were not satisfied with -- with the information that they had and -- and were convinced that if we did more to teach about water safety, that we could prevent more of these senseless deaths. And with that effort, they made a presentation to us about a curriculum that would add eight lessons that should be taught be in school to those that may not be able to have the opportunities to, or even can an afford, swimming lessons or ways to learn how to be safe around water. This 26 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 64th Legislative Day 8/5/2015 resolution simply encourages the school district in Danville, as well as other schools in the State, to adopt that water safety curriculum that was developed by those very middle school students and that we commend the students for their efforts. They've actually formed a group called the "Future Problem Solvers Club" to address a serious issue so that more of their friends not be taken from them too soon. I'd ask for an Aye vote.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Is there any discussion? Seeing none, the question is, shall House Joint Resolution 67 pass. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Mr. -- Mr. Secretary, read House Joint Resolution 81.

Neil Anderson (R)

House Joint Resolution 81, offered by Senator Luechtefeld.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Luechtefeld, to explain.

David S. Luechtefeld (R)

Thank you, Mr. President. House Joint Resolution 81 designates the portion of Illinois Route 149 East from U.S. Route 51 to the Jackson County Line as "Veterans Memorial Highway".

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Because this is an expenditure of funds, this will require a -- a -- a vote -- a vote. The question is, shall House Joint Resolution 81 pass. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. There are 52 voting Yea, none voting Nay, none voting Present. House Joint Resolution 81, having received the required constitutional majority, is declared passed. Mr. Secretary, 27 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 64th Legislative Day 8/5/2015 Consent Calendar. We'll now -- we will now proceed to the Order of Resolution Consent Calendar. With leave of the Body, all those resolutions read in -- in today will be added to the Consent Calendar. Mr. Secretary, have there been any objections filed to any of the resolutions on the Consent Calendar?

Neil Anderson (R)

No objections filed.

James F. Clayborne Jr. (D)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Any discussion? Seeing none -- if not, the question is, shall the resolutions on the Consent Calendar be adopted. All those in favor, say Aye. Opposed, Nay. The Ayes have it, and the motion carries. And the resolution -- resolutions are adopted. There being no further business to come before the Senate, pursuant to House Joint Resolution 85, the Senate stands adjourned until 3 p.m. on the 19th day of August, 2015, or the call of the President. The Senate stands adjourned. 28