Illinois Senate Floor Debate — December 7, 2015

PRESIDING OFFICER: (SENATOR LINK) The regular Session of the 99th General Assembly will please come to order. Will the Members please be at their desk? Will our guests in the galleries please rise? The invocation today will be given by Reverend Mark Griffin {sic} (Gifford), Parkway Christian Church, Springfield, Illinois.

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.

PRESIDING OFFICER: (SENATOR LINK) Senator Steans.

Mr. President, I move to postpone the reading and approval of the Journals just read by the Secretary, pending arrival of the printed transcripts.

PRESIDING OFFICER: (SENATOR LINK) Senator Steans moves to postpone the reading and approval of the Journal, pending the arrival of the printed transcript. There being no objection, so ordered. Adam Theilken, WICS-TV, requests permission to video; Seth Perlman, Associated Press, take photos; 1  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day 12/7/2015 James Carder, Blueroomstream.com, to videotape; and Emilee Fannon, WCIA, film and audio. Seeing no objection, permission granted. Mr. Secretary, Resolutions.

PRESIDING OFFICER: (SENATOR LINK) Resolution Consent Calendar. Mr. Secretary, Appointment Messages.

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

PRESIDING OFFICER: (SENATOR LINK) Will the Members of the Committee on Assignments please report to the President's Anteroom immediately? The Members of the Committee on Assignments, please come to the President's Anteroom immediately. (at ease) Ed Cross of WAND-TV seeks permission to 3  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day 12/7/2015 video. Seeing no objection, permission granted. Mr. Secretary, Committee Reports.

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

PRESIDING OFFICER: (SENATOR LINK) The Senate -- seeing no objection, the motion is granted. The Senate stands in recess to the call of the Chair after the Republican thirty-minute caucus. Senate -- Senate will reconvene in thirty minutes. 4  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day 12/7/2015 (SENATE STANDS IN RECESS/SENATE RECONVENES)

PRESIDING OFFICER: (SENATOR HARMON) The Senate will be in order. Senator Hunter, for what purpose do you seek recognition?

Point of personal privilege, Mr. President.

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

I'd like to announce that Senator Van Pelt is absent today because she's taking care of business in the district.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Hunter. Ladies and Gentlemen of the Senate, Senate Supplemental Calendar No. 1 has been caused to be delivered to the Members' desks. We will be turning to the Order of Senate Bills 3rd Reading. This is final action. I'd ask all Members to be at their desks for final action. Ladies and Gentlemen of the Senate, on the Supplemental Calendar No. 1, on the Order of Senate Bills 3rd Reading is Senate Bill 382. Senator Muñoz seeks leave of the Body to recall Senate Bill 382 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 382. Mr. Secretary, have there been any amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) Senator Muñoz, on Amendment No. 1 to Senate Bill 382. SENATOR MUÑOZ: 5  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day 12/7/2015 Thank you, Mr. President, Ladies and Gentlemen of the Senate. Amendment 1 annexes a parcel of land currently located in the Village of Hoffman Estates into the Metropolitan Water Reclamation District. The -- MWDRD {sic} (MWRD) is seeking to provide water service for the development of land in Hoffman Estates. Before it can do so, this parcel of land must be annexed to it in order for them to lay their infrastructure. I ask for its adoption.

PRESIDING OFFICER: (SENATOR HARMON) Senator Muñoz moves for the adoption of Floor Amendment No. 1 to Senate Bill 382. All in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 382. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) Senator Muñoz. SENATOR MUÑOZ: Thank you, Mr. President. The Amendment 1 became the bill. I know of no opposition. I will answer any questions if there is any.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Any discussion? 6  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day 12/7/2015 Seeing none, the question is, shall Senate Bill 382 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 51 voting Aye, none voting No, none voting Present. Senate Bill 382, having received the required constitutional majority, is declared passed. Still on Senate Bill -- or, sorry, Supplemental Calendar No. 1, on the Order of House Bills 2nd Reading, House Bill 170. Senator Landek. House Bill 740. President Cullerton. House Bill 3655. Senator Martinez. Mr. Secretary, please read the bill.

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

PRESIDING OFFICER: (SENATOR HARMON) Senator Martinez, on the amendment.

Thank you, Mr. President. This only shells the bill. I ask for your consideration.

PRESIDING OFFICER: (SENATOR HARMON) Senator Muñoz moves -- Senator Martinez moves for the adoption of House Bill -- of Floor Amendment No. 1 to House Bill 3655. All in favor, vote Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments 7  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day 12/7/2015 approved for consideration?

PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Still on the Order of House Bills 2nd Reading is House Bill 740. President Cullerton. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Ladies and Gentlemen of the Senate, we are going to turn to the Order of Secretary's Desk, Concurrences on Senate Bills. We have Senate Bill 155. Senator Collins has filed a Motion to Concur in House Amendments 1 and 2. Mr. Secretary, please read the motion.

PRESIDING OFFICER: (SENATOR HARMON) Senator Collins, on your motion.

Thank you, Mr. President. We note that Floor Amendment No. 1 just shells the bill and House Floor Amendment No. 2 becomes the bill. It amends the Code of Civil Procedure to extend the sunset date of the Abandoned Residential Property Municipality Relief 8  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day 12/7/2015 Fund from January 1st, 2016, to January 1st, 2017. The Relief Fund provides grants to municipalities to assist with costs incurred by maintaining and securing vacant homes. It is funded by a fee assessed at the judicial sale of foreclosed property. I move for the adoption -- or, the concurrence.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Any discussion? Seeing none, the question is, shall the Senate concur in House Amendments 1 and 2 to Senate Bill 155. 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 50 voting Aye, 1 voting No, none voting Present. Having received the required constitutional majority, the Senate does concur in House Amendments 1 and 2 to Senate Bill 155, and the bill is declared passed. Senate Bill 377. Senator Clayborne. Senator Clayborne? Senate Bill 1262. Senator Link. Senate Bill 1369. Senator Martinez. Mr. Secretary, please read the motion.

PRESIDING OFFICER: (SENATOR HARMON) Senator Martinez, on your motion.

Thank you, Mr. President. I motion to concur on House Amendment No. 1 to Senate Bill 1369, which is a trailer bill to the Collection Agency (Act) regulatory sunset extension to correct discrepancies between the State and federal law discovered after 9  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day 12/7/2015 the bill had been passed and signed by the Governor. Several provisions within the sunset extension conflict with the federal Fair Debt Collection Purchase {sic} (Practices) Act and this bill intended to correct those discrepancies. It also includes a new provision stating that the collection agency or debt buyer shall be {sic} disciplined or subject to civil liability of {sic} (if) the collection agency or debt buyer can demonstrate compliance with comparable provisions of the federal Fair Debt Collection Practice {sic} Act.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 1369. All 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 52 voting Aye, none voting No, none voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 1 to Senate Bill 1369, and the bill is declared passed. On page 2 of your Supplemental Calendar No. 1 is Senate Bill 1380. Senator Raoul. Mr. Secretary, please read the motion.

PRESIDING OFFICER: (SENATOR HARMON) Senator Raoul, on your motion.

This is a -- a Motion to Concur with the -- with the House. 10  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day 12/7/2015 It's amendment with regards to the Commission on Police Professionalism to extend the reporting date by two months to April 1st {sic} (March 31).

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall the Senate concur in House Amendment No. 2 to Senate Bill 1380. All in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 52 voting Aye, none voting No, none voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 2 to Senate Bill 1380, and the bill is declared passed. With leave of the Body, we're going to turn back within the same Order to Senate Bill 377. Senator Clayborne, do you wish to proceed? Mr. Secretary, please read the -- the motion.

PRESIDING OFFICER: (SENATOR HARMON) Senator Clayborne, on your motion.

Thank you, Mr. President. House Amendment No. 1 just basically extends -- it replaces the language, but it -- it decreases the frequency of cost -- for a cost study from one to two {sic} years and it defines who will pay for it. Typically, if a cost study has recently been performed, the requesting party will be required to pay for the cost study. To my understanding, 11  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day 12/7/2015 there is no opposition.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Clayborne. Is there any discussion? Senator McCarter, for what purpose do you rise? SENATOR McCARTER: I have a question of the -- the Senator -- the sponsor.

PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates he will yield. Senator McCarter. SENATOR McCARTER: Senator Clayborne, just -- just to clarify something. This talks about the subsequent study. It talks about the second one, correct? Is this…

PRESIDING OFFICER: (SENATOR HARMON) Senator Clayborne.

The issue is, if they did one this year -- if they did one…

PRESIDING OFFICER: (SENATOR HARMON) Ladies and Gentlemen of the Senate, if we could please have your attention, there's a debate occurring on the Floor. Thank you very much. Senator Clayborne.

Yes, correct. This -- this is the second or subsequent one within a year.

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: Okay, the -- the way I see it, it's -- it's the second one within five years. Is that right? Because I think it was moving from twenty-four months to sixty months. So my -- here's -- here's 12  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day 12/7/2015 my question: First study takes place and they find in -- in -- in a situation where the township has charged too much according to the survey, the rate comes down. All right? The -- the township, however, is not obligated to keep that lower rate. They could actually raise it over the five-year period, whether that be in the next year, the third year, fourth, or fifth. Is that correct?

PRESIDING OFFICER: (SENATOR HARMON) Senator Clayborne.

…mean, I guess at any time they could try to raise it. Right? But I would assume, unless they can show that some significant action has taken place, that to raise it would only cost -- would only -- would not justify that rate increase.

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: So -- so I'm assuming that in the original bill, we've stated that an increase -- an increase has to be justified. Is that correct?

PRESIDING OFFICER: (SENATOR HARMON) Senator Clayborne.

That's correct. That's correct.

PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: All right, to the -- to the motion then. Then -- then I think we just need to go on record as saying that the intention here was that the -- the rate was supposed to stay -- stay the same once it 13  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day 12/7/2015 was lowered, as long -- long as there was justification for that. If there's justification to raise the rate, it could be increased, but that -- that would have to be provided by the township. Thank you.

PRESIDING OFFICER: (SENATOR HARMON) Is there any further discussion? Seeing none, Senator Clayborne, do you wish to close? Senator Clayborne.

I just ask for a favorable vote.

PRESIDING OFFICER: (SENATOR HARMON) The question is, shall the Senate concur in House Amendment No. 1 to Senate Bill 377. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, none voting No, none voting Present. Having received the required constitutional majority, the Senate does concur in House Amendment No. 1 to Senate Bill 377, and the bill is declared passed. Final bill on the Order of Secretary's Desk, Concurrences, is Senate Bill 2039. Senator Tom Cullerton, do you wish to proceed? Mr. Secretary, please read the -- the motion.

PRESIDING OFFICER: (SENATOR HARMON) Senator Tom Cullerton.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. 14  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day 12/7/2015 I present today Senate Bill 2039 on Concurrence from the House. This is the bipartisan negotiated compromise between the General Assembly and the Governor's Office. This is a compromise that our constituents, the local mayors, and our community organizations have been asking for. A brief synopsis: It accomplishes passing through the gas tax to our local municipalities, allows our 9-1-1 centers to remain open and functioning, helps low-income families and seniors receive their energy assistance, gives IDOT the ability to keep our roads safe, as well as funding our tourism opportunities and allowing community colleges to continue to provide adult literacy programs. Again, this is a bipartisan negotiated compromise with the Governor's Office. This would put local money back into the hands of local government and I'll be more than happy to answer any questions.

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

PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he will yield. Senator Rezin.

PRESIDING OFFICER: (SENATOR HARMON) Senator Cullerton.

15  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day 12/7/2015 Yes.

PRESIDING OFFICER: (SENATOR HARMON) Senator Rezin.

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

To the bill, Mr. President.

PRESIDING OFFICER: (SENATOR HARMON) The motion, Senator. Please proceed.

Thank you. You know, we're down here, obviously, it's the end of the year, Christmas holiday time and an otherwise hopeful time of the year, and maybe we can take this bill here as a more hopeful sign for a more productive 2016. What you see with this bill is, frankly, evidence that the Governor can reach across the aisle and that you can reach back and we can all get on the same page and do things together for the -- for the general good of the people we all represent. Let's hope that this is an example that produces more similar outcomes as we come into 2016, and I know I look forward to working with all of you to make that happen as 16  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day 12/7/2015 well. So Merry Christmas, Happy Hanukkah, and to our mayors, good spending.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Any further discussion? Senator Hunter, for what purpose do you rise?

Question for the sponsor, Mr. President.

PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he will yield. Senator Hunter.

Senator… Thank you, Mr. President. Senator, does this bill cover the LIHEAP program?

PRESIDING OFFICER: (SENATOR HARMON) Senator Cullerton.

Yes.

PRESIDING OFFICER: (SENATOR HARMON) Senator Hunter.

Thank you, Mr. President. I'd like to commend the sponsor for including the LIHEAP program in this bill. So many people throughout the State of Illinois are suffering because they are unable to pay their -- their energy bills and this bill is going to make a great difference to the people of the State of Illinois. And I would ask for an Aye vote.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any further discussion? Senator Cullerton, do you wish to close? Senator Cullerton.

17  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day 12/7/2015 First, thank you, Mr. President. Thank you for all the excellent questions. That was my ode, homage, to Senator Kotowski there. But, first, I also want to thank Leaders Steans and Trotter for their roles as Chair of the Senate Appropriation Committee and I'd like to thank the Senate President, the Governor, Leader Radogno, and all of the staff from all three offices for the incredible work on this bill and how this came to be today and how they passed in the House last week. So I would ask for an Aye vote.

PRESIDING OFFICER: (SENATOR HARMON) The question is, shall the Senate concur in House Amendments 1 and 4 to Senate Bill 2039. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, none voting No, none voting Present. Having received the required constitutional majority, the Senate does concur in House Amendments 1 and 4 to Senate Bill 2039, and the bill is declared passed. Senator Haine, for what purpose do you rise?

Point of personal privilege, Mr. President.

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

Just briefly, Ladies and Gentlemen of the Senate, today, of course, is December the 7th. Seventy-four years ago, the United States of America was suddenly and deliberately attacked by a murderous tyranny and we -- to take a moment to recall and to say a prayer for the greatest generation who fought and won that great 18  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day 12/7/2015 struggle. Secondly, we should all send a collective message to the terrorists in the Middle East that's similar to that generation of Americans, we -- although suddenly and deliberately have been attacked, America will gain the inevitable triumph, so help us God. Thank you.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Haine. Senator Muñoz, for what purpose do you rise? SENATOR MUÑOZ: Thank you, Mr. President. Point of personal privilege.

PRESIDING OFFICER: (SENATOR HARMON) Please state your point, Senator. SENATOR MUÑOZ: Thank you, Mr. President, Ladies and Gentlemen of the Senate. You know, holidays are here right now. I just would like the -- my colleagues and everyone, as a reminder, you know, for our veterans, a lot of American Legions, VFWs, are hosting events for veterans, whether they're Korean -- we have some World War II vets that are here, but most important, you know, they do care packages for our veterans that are in harm's way in different parts of the world that mean so much. It might not get there in time for Christmas, but, you know what, a lot of 'em are probably in areas that they won't be able to enjoy Christmas, lunch or anything, or a dinner, but, you know what, when they do get back from the field, whatever mission that they are in, it means so much. So please keep that in mind for our vets, also our wounded warriors. There's so many great organizations out there for veterans. Please, let's keep 'em in our prayers. Honor them and, most of all, let us -- to their families that we're thinking about them and get -- get in 19  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 71st Legislative Day 12/7/2015 contact with your high schools. They can also write letters to them. A letter means so much during the holidays. Thank you. Happy Hanukkah, Merry Christmas, and have a good year.

PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Muñoz. Ladies and Gentlemen of the Senate, we're quickly going to turn back to page 1 of the Supplemental Calendar. On the Order of House Bills 2nd Reading is House Bill 170. Senator Landek. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Mr. Secretary, Introduction of Senate Bills.

PRESIDING OFFICER: (SENATOR HARMON) We will now proceed to the Order of Resolutions Consent Calendar. With leave of the Body, all those resolutions read in today will be added to the Consent Calendar. Mr. Secretary, have there been any objections filed to any resolution on the Consent Calendar?

PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? If not, the question is, shall the resolutions on the Consent Calendar be adopted. All those in favor, say Aye. Opposed, Nay. The Ayes have it. The motion carries, and the resolutions are adopted. There being no further business to come before the Senate, pursuant to House Joint Resolution 85, the Senate stands adjourned until noon on the 13th day of -- 13th day of January 2016, or to the call of the President. The Senate stands adjourned. 21