PRESIDING OFFICER: (SENATOR SULLIVAN) The regular Session of the 99th General Assembly will come to order. Will all the Members please be at their desks? Will our guests in the galleries please rise? The invocation today will be given by Reverend Peter Williams, St. Luke Baptist Church, Rockford, Illinois. Reverend Williams.
(Prayer by the Reverend Peter Williams)
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Please remain standing for the Pledge of Allegiance. Senator Cunningham, to lead us in the Pledge.
(Pledge of Allegiance, led by Senator Cunningham)
PRESIDING OFFICER: (SENATOR SULLIVAN) Mr. Secretary, Reading and Approval of the Journal.
Senate Journals of May 5th, 6th, 7, 12, 13, 14, and 18, 2015.
PRESIDING OFFICER: (SENATOR SULLIVAN) Afternoon, Senator Hunter.
Good afternoon, Mr. President. I move that the Journals just read by the Secretary be approved, unless some Senator has additions or corrections to offer.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Senator moves -- Senator Hunter moves to -- to approve the Journals just read by the Secretary. There being no objection, so ordered. Mr. Secretary, Reading and Approval of the Journal.
1 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 94th Legislative Day 4/5/2016 Senate Journal of Thursday, March 17th, and Wednesday, March 30th, 2016.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter.
Mr. President, I move to postpone the reading and approval of the Journals just read by the Secretary, pending arrival of the printed transcript.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Senator Hunter moves to postpone the reading and approval of the Journal, pending arrival of the printed transcripts. There being no objection, so ordered. Lisa Yuscius with Blueroomstream.com requests permission to videotape. Seeing no objection, leave is granted. Ladies and Gentlemen, just a short announcement. All Members within the sound of my voice, please come to the Senate Floor immediately. We will be going to the Order of 3rd Readings shortly. All Members within the sound of my voice, please come to the Senate Floor. We're going to be going to the Order of 3rd Readings in just a little bit. Mr. Secretary, Resolutions.
Senate Resolution 1697, offered by Senator Lightford and all Members. Senate Resolution 1698, offered by Senator Oberweis and all Members. Senate Resolutions 1699 and 1700, offered by Senator Link and all Members. Senate Resolutions 1701 through 1707, offered by Senator Anderson and all Members. 2 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 94th Legislative Day 4/5/2016 Senate Resolution 1708, offered by Senator Stadelman and all Members. Senate Resolutions 1709 through 1711, offered by Senator Anderson and all Members. Senate Resolutions 1712 and 1713, offered by Senator Manar and all Members. Senate Resolution 1714, offered by Senator Rezin and all Members. And Senate Resolutions 1717 through 1718, offered by Senator McGuire and all Members. They are all death resolutions, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Resolutions Consent Calendar.
Senate Resolution 1715, offered by Senator Radogno. Senate Resolution 1716, offered by Senator Hunter. Senate Joint Resolution 49, offered by Senator Delgado. And Senate Joint Resolution 50, offered by Senator Raoul. They are substantive.
PRESIDING OFFICER: (SENATOR SULLIVAN) Mr. Secretary, Introduction of Senate Bills.
Senate Bill 3413, offered by Senator Cunningham. (Secretary reads title of bill) 1st Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Mr. Secretary, Appointment Messages.
Appointment Message 990444 3 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 94th Legislative Day 4/5/2016 Governor's salaried appointment Amy Kurson Member, Human Rights Commission Appointment Message 990445 Governor's salaried appointment Tom Gibbons Member, Illinois Liquor Control Commission Appointment Message 990446 Governor's salaried appointment John Duty Member, State Mining Board Appointment Message 990447 Governor's non-salaried appointment Vincent Bufalino Member, Illinois State Board of Health Appointment Message 990448 Governor's non-salaried appointment John Herrmann Member, Illinois State Board of Health Appointment Message 990449 Governor's non-salaried appointment Kevin Huber Chairman, Illinois Student Assistance Commission Appointment Message 990450 Governor's salaried appointment Hardik Bhatt Secretary, Department of Innovation and Technology Appointment Message 990451 Governor's salaried appointment 4 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 94th Legislative Day 4/5/2016 Mauro Glorioso Chairman, Property Tax Appeal Board Appointment Message 990452 Governor's non-salaried appointment Jack Thomas Member, Board of Higher Education
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, can I have your attention? Will all the members of the Committee on Assignments please come to the President's Anteroom? All members on the Committee on Assignments, please come to the President's Anteroom immediately. Senator Rose, for what purpose do you rise?
Thank you, Mr. President. If we may, on the Republican side in the gallery - stand up, ladies - I'm pleased today to welcome the Clinton Junior High School Dance Team, which recently won first place at the Illinois Drill Team Association dance competition here in Springfield in February. They attended four regional competitions, placed first in lyrical/contemporary category at each competition, and remained undefeated after winning first place in the State competition. This is the second year in a row that they've taken first place at the ITDA {sic} (IDTA). The team is coached by Kelsey Duncan-Savage. Zoe Duncan-Savage and Scout Duncan-Savage are Assistant Coaches. And Scout's a four-year member of the Clinton squad and a three-year captain, and she has also won a State scholarship. If we could, give them a big welcome and -- to Springfield. And I hope they enjoy their time at the Capitol.
PRESIDING OFFICER: (SENATOR SULLIVAN) 5 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 94th Legislative Day 4/5/2016 Thank you. Ladies and Gentlemen, let's welcome the Clinton Junior High School Dance Champions. Welcome to the Illinois Senate. Thanks for coming today. Congratulations. Senator Cunningham, for what purpose do you rise?
For an introduction, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please make your introduction, Senator Cunningham.
Thank you, President. I'm joined here today by Peter Gordan. Peter's a constituent of mine. He's an eighth grader at Palos South Middle School. He's a straight-A student, a Student Council member. He's also a representative on the Illinois Association of Junior High -- Junior High Student Councils. Peter's -- and is very active in school, active in his Math Club, the Book Club. He also sings in his church choir. He's been in Springfield the last two days with his family. His father, Elias, is behind us in the gallery. I'd like to ask the Senate to join me in welcoming Peter to Springfield.
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, let's welcome Peter and his dad here to Springfield. Thanks for joining us. Good to have you here. Mr. Secretary, Resolutions.
Senate Resolution 1719, offered by Senator Bush and all Members. Nope. Excuse me. Senate -- Senate Resolution 1719, offered by Senator Bush. It is substantive, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) 6 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 94th Legislative Day 4/5/2016 Mr. Secretary, further Resolutions.
Senate Resolutions 1720 and 1721, offered by -- and all -- offered by Senator Syverson and all Members. They are both death resolutions, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Resolutions Consent Calendar. Sherrie Phipps with WICS requests permission to videotape. Seeing no objection, leave is granted. Mr. Secretary, Committee Reports.
Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to Agriculture Committee - Committee Amendment 1 to Senate Bill 2910 and Committee Amendment 1 to Senate Bill 3130; refer to Appropriations II Committee - Committee Amendment 1 to Senate Bill 2966; refer to Criminal Law Committee - Committee Amendment 1 to Senate Bill 2191, Committee Amendment 1 to Senate Bill 2221, Committee Amendment 2 to Senate Bill 2344, Committee Amendment 1 to Senate Bill 2347, Committee Amendment 1 to Senate Bill 2588, Committee Amendment 1 to Senate Bill 2947, Committee Amendment 1 to Senate Bill 3096, Committee Amendment 1 to Senate Bill 3119, and Committee Amendment 2 to -- House Bill 2459; refer to Education Committee - Floor Amendment 2 to Senate Bill 230, Committee Amendment 1 to Senate Bill 2264, and Committee Amendment 2 to Senate Bill 2970; refer to Energy and Public Utilities Committee - Floor Amendment 1 to Senate Bill 461 and Committee Amendment 1 to Senate Bill 2785; refer to Environment and Conservation -- refer to Environment and Conservation Committee - Committee Amendment 1 to Senate Bill 2587, Committee Amendment 1 to Senate Bill 2914, 7 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 94th Legislative Day 4/5/2016 Committee Amendment 2 to Senate Bill 2920, and Committee Amendment 1 to Senate Bill 3289; refer to Executive Committee - Floor Amendment 1 to Senate Bill 399, Floor Amendment 2 to Senate Bill 572, Committee Amendment 2 to Senate Bill 2233, Committee Amendment 1 to Senate Bill 2256, Committee Amendment 2 to Senate Bill 2370, Committee Amendment 1 to Senate Bill 2747, Committee Amendment 1 to Senate Bill 2804, and Committee Amendment 1 to Senate Bill 3109; refer to Financial Institutions Committee - Committee Amendment 1 to Senate Bill 2432 and Committee Amendment 1 to Senate Bill 2879; refer to Higher Education Committee - Floor Amendment 2 to Senate Bill 2155, Floor Amendment 4 to Senate Bill 2157, Floor Amendment 2 to Senate Bill 2174, Committee Amendment 1 to Senate Bill 3301, and Committee Amendment 1 to Senate Bill 3343; refer to Human Services Committee - Committee Amendment 1 to Senate Bill 2306, Committee Amendment 2 to Senate Bill 2321, Committee Amendment 1 to Senate Bill 2331, Floor Amendment 1 to Senate Bill 2734, Committee Amendment 1 to Senate Bill 2781, Committee Amendment 1 to Senate Bill 2906, and Committee Amendment 1 to Senate Bill 3032; refer to Insurance Committee - Committee Amendment 1 to Senate Bill 2355, Committee Amendment 1 to Senate Bill 2609, and Committee Amendment 2 to Senate Bill 2771; refer to Judiciary Committee - Floor Amendment 1 to Senate Bill 391, Floor Amendment 4 to Senate Bill 2138, Floor Amendment 1 to Senate Bill 2186, Committee Amendment 1 to Senate Bill 2213, Committee Amendment 2 to Senate Bill 2333, Committee Amendment 1 to Senate Bill 2435, Committee Amendment 1 to Senate Bill 2506, Committee Amendment 1 to Senate Bill 2805, Committee Amendment 1 to Senate Bill 2839, Floor Amendment 5 to Senate Bill 2845, Committee Amendment 2 to Senate Bill 2956, Committee Amendment 1 to Senate Bill 3021, Committee 8 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 94th Legislative Day 4/5/2016 Amendment 1 to Senate Bill 3030, Committee Amendment 1 to Senate Bill 3063, Committee Amendment 2 to Senate Bill 3166, and Committee Amendment 1 to Senate Bill 3333; refer to Licensed Activities and Pensions Committee - Floor Amendment 1 to Senate Bill 460, Committee Amendment 3 to Senate Bill 2433, Committee Amendment 1 to Senate Bill 2537, Committee Amendment 1 to Senate Bill 2894, Committee Amendment 1 to Senate Bill 2900, Committee Amendment 1 to Senate Bill 2925, and Committee Amendment 1 to Senate Bill 3274; refer to Local Government Committee - Committee Amendment 1 to Senate Bill 2287, Committee Amendment 1 to Senate Bill 2288, Committee Amendment 2 to Senate Bill 2289, Committee Amendment 2 to Senate Bill 2323, Committee Amendment 1 to Senate Bill 2412, Committee Amendment 1 to Senate Bill 2816, Committee Amendment 1 to Senate Bill 2905, Committee Amendment 1 to Senate Bill 2922, Committee Amendment 1 to Senate Bill 2994, and Committee Amendment 1 to Senate Bill 3076; refer to Public Health Committee - Committee Amendment 1 to Senate Bill 2301, Committee Amendment 1 to Senate Bill 2416, Committee Amendment 1 to Senate Bill 2460, Committee Amendment 1 to Senate Bill 2519, Committee Amendment 1 to Senate Bill 2795, Committee Amendment 1 to Senate Bill 2837, Committee Amendment 2 to Senate Bill 3011, Committee Amendment 1 to Senate Bill 3027; refer to Revenue Committee - Committee Amendment 1 to Senate Bill 1525 and Committee Amendment 1 to Senate Bill 2593; refer to Restorative Justice Committee - Committee Amendment 1 to Senate Bill 2282; refer to State Government and Veterans Affairs Committee - Committee Amendment 1 to Senate Bill 2271, Floor Amendment 1 to Senate Bill 2368, Committee Amendment 2 to Senate Bill 2884, Committee Amendment 1 to Senate Bill 3010, and Committee Amendment 1 to Senate Bill 3311; refer to Transportation Committee 9 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 94th Legislative Day 4/5/2016 - Floor Amendment 1 to Senate Bill 630, Committee Amendment 1 to Senate Bill 2261, Committee Amendment 2 to Senate Bill 2570, Committee Amendment 1 to Senate Bill 3020, Committee Amendment 1 to Senate Bill 3177, and Committee Amendment 1 to Senate Bill 3313. Pursuant to Senate Rule 3-8 (b-1), the following amendments will remain in the Committee on Assignments: Committee Amendment 1 to Senate Bill 2289, Committee Amendment 1 to Senate Bill 2370, Committee Amendment 1 to Senate Bill 2920, and Committee Amendment 1 to House Bill 2459. Signed, Senator James F. Clayborne, Chairman.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford, for what purpose do you rise?
Thank you, Mr. President. On the point of an announcement, please.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please -- please make your announcement, Senator Lightford.
Thank you, Mr. President. Ladies and Gentlemen of the Senate, tonight is the thirteenth year that there will be Stone Jam. Generally, there is some type of marketing/advertisement, but that did not take shape this year, so we'd like to please invite you out to the Bar Oasis, tonight at 8 p.m. for the thirteenth year of Stone Jam. And Advance Illinois would like to remind you of their Fifth Annual Education Legislative Institute tonight at the Inn at 835. It's from 6 to 8 p.m. They've got a great guy coming here from Long Beach, California, and they're hoping that you can enjoy {sic} them to have some good old education conversation. Thank you very much. 10 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 94th Legislative Day 4/5/2016
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Leader Lightford. Senator Murphy, for what purpose do you rise?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please make your point, Senator Murphy.
Thank you. In the gallery on the Democrat side, we have the Director for the Prospect High School Marching Band, Chris Barnum, and three drum majors, Olivia Sykes, Eddie Brown, and Hannah Thornton. And Prospect's Marching Band is down here today because they've been selected to march in the Macy's Parade. There are only ten bands in the entire parade on Thanksgiving Day and one of them is going to be from Illinois - from Mount Prospect, Illinois, Prospect High School. They -- this band has marched in the Rose Bowl Parade; they've marched in London; they've gone to New York, and they're going back to the Macy's Parade. They're a tremendous source of pride for those of us in the northwest suburbs and I'd appreciate -- and Senator Morrison and I share Mount Prospect and I appreciate her welcome of them as well, but please give the Prospect High -- Prospect High School Marching Band a warm Senate welcome.
PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome to the Illinois Senate. Congratulations. I know you'll do us proud. Senator Cunningham, for what purpose do you rise?
For an introduction, Mr. President. 11 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 94th Legislative Day 4/5/2016
PRESIDING OFFICER: (SENATOR SULLIVAN) Please make your introduction, Senator Cunningham.
Thank you, Mr. President. Today is 4-H Day here in the Senate and we'd like to welcome a group of 4-Hers that are here from the Illinois 4-H Legislative Connection. There are thirty-five members of that group from across Illinois who are attending the U of I Extension 4-H Legislative Connection event being held today and tomorrow in the Capitol. They'll be visiting all the Senators over the next couple days, so we ask you to welcome them to your offices. These youth are from twenty-five different counties throughout the State, from Pope and Hardin counties in the south to McHenry County in the north. Both rural and metropolitan areas are represented. There are over two hundred thousand 4-H participants and they exist in all hundred and two counties of the State. Working with the teens this week are Dr. George Czapar, Dr. Lisa Diaz, Patricia McGlaughlin, Deb Stocker, Erica Austin, Judy Bingman, Brett Santo of the U of I Extension; Jeanne Harland, Jerry Hicks and Pam Weber - they're members of the Extension Partners organization. They're in green in the President's Gallery. I'd like to ask the entire Senate to join me in welcoming them to Springfield.
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, let's welcome the 4-H Connection here to Springfield. It's a great organization for youth. Welcome. Leader Harmon, for what purpose do you rise?
For the purpose of an introduction, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) 12 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 94th Legislative Day 4/5/2016 Leader Harmon, please make your introduction.
Thank you, Mr. President. I am very pleased to be joined here on the Floor by a special guest, my Page for a Day. Rose Kaegi is a seven-year-old second grader from Whittier Elementary School in Oak Park - a school, I believe, which also produced our Senate President, John Cullerton, after a brief visit at Whittier. She is interested in American history and politics and has been following the election returns with her parents and she enjoys particularly reading about U.S. presidents and first ladies. Her father, Fritz, is here in the gallery with us, and her folks are very supportive of Housing Forward, a -- a wonderful organization serving my district, Senator Lightford's district, and some others, dealing with homeless services. So I'm pleased especially that they were able to support that cause and to be with us here today. Would you join me in welcoming Rose and her dad to the Senate? Please stand up, Rose.
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, let's welcome Rose and her dad here to the -- Springfield to the Senate. So nice to have you here and thanks for joining us. Senator Althoff, for what purpose do you rise?
May -- may I have the President's latitude of two announcements?
PRESIDING OFFICER: (SENATOR SULLIVAN) We will allow it because it's our first day back.
Thank -- thank you. I appreciate that. 13 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 94th Legislative Day 4/5/2016
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Althoff.
Members of the Senate, you should have received on your desks a little notification that the "retrofit caucus" -- it's April, we're back. This is when we usually have trouble keeping our weight down, so the retrofit caucus is back into place. If you'd like to partake, you need to register by April 5th, between 11 and 1 in the Capitol Room 100. And then it's my pleasure to announce that this year, once again, the State of Illinois is hosting the National Conference of State Legislators -- Legislatures. Registration for that conference is open today. They have four hotels. Obviously, we're asking all of the Illinois people to register at the McCormick Hyatt, as the conference is being taken place at the McCormick Place. So please avail yourself. Go on the website, see the information, and I encourage all of you to come for one or two days. But more importantly for all of you - and I'll make this announcement six times - Tuesday, August 9th, is State night. We are hosting all of our supporters for the years at Harry Caray's museum. It'll be from 5:30 to 7:30. So if you can only come for a short period of time, make sure that you're available Tuesday evening. Thank you very much, Mr. President, for the latitude.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Althoff. Ladies and Gentlemen, we're going to go to the Order of 3rd Readings if you'll turn to page 10 on the regular Calendar. Ladies and Gentlemen, if you'll turn to the top of page 10 of the regular Calendar on the Order of Senate -- on the Order of Senate Bills 3rd Reading, first up at the top of 14 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 94th Legislative Day 4/5/2016 the page is Senate Bill 2459. Senator Syverson, do you wish to proceed? Mr. Secretary, please read the bill.
Senate Bill 2459. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Syverson.
Thank you, Mr. -- thank you, Mr. President. This legislation just authorizes the Supreme Court or any circuit court -- allows them to adopt rules pertaining to video conferencing when we're dealing with Mental Health and Developmental Disabilities Code in working with hearings regarding involuntary admissions and also dealing with psychotropic and other types of therapy. I know of no opposition on this and would appreciate a favorable roll call.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall Senate Bill 2459 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 48 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 2459, having received the required constitutional majority, is declared passed. Next up on the Calendar, we have Senate Bill 2465. Senator Biss. You wish to proceed? Senate Bill 2465, on the Order of 3rds. Mr. Secretary, please read the bill.
15 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 94th Legislative Day 4/5/2016 Senate Bill 2465. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Biss.
Thank you, Mr. President. Thank you, Members of the Senate. Senate Bill 2465 deals with a, frankly, a pretty alarming practice, which is embedded in State law, wherein the Department of Corrections, together with the Attorney General, can pursue legal actions to sue former inmates to recover the costs of incarceration. It's totally legal and it -- it happens. It happened, I think, thirteen times last year and it's happened a number of times over the course of the last decade. What it does, though, is it makes it almost impossible for people, who have paid their debt to society, to then get back on their feet, be able to afford housing, seek employment upon release. This is, I think, a -- a really bad public policy that this bill would repeal. There's no opposition. Though the Department and the Attorney General together bring these cases, neither one opposes this bill, nor does anyone else to my knowledge, and I would be really appreciative of your support.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Any discussion? Senator Rose, for what purpose do you rise?
Will the sponsor yield for a question?
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield for questions, Senator Rose. 16 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 94th Legislative Day 4/5/2016
Senator Biss, how much money has been -- been collected on those thirteen actions you cited?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Biss.
So, on the thirteen actions, the answer is probably zero because they take a significant amount of time to propagate through the system. Over a longer look back, the number I was given from the Department is I believe around a half a million dollars over a significant amount of time and it took of course a significant amount of resources to engage in the legal processes to collect that money.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Rose.
Does the Attorney General's Office have the discretion to weigh the cost versus the benefit in deciding which of these to take on and which of these not to take on?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Biss.
I'll be honest with you. In discussions with both the Department and the Attorney General's Office, it's been a little bit hard to get to the bottom of who really is exercising the discretion. Certainly the bill -- the law, as it currently stands, does not mandate that all cases are pursued, so there is some discretion embedded in there, though it's, again, not clear to me who's really exercising it. 17 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 94th Legislative Day 4/5/2016
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Rose.
So that over time, someone has exercised the discretion to recoup half a million dollars for the taxpayers, but your argument is that the time and effort involved was not -- exceeded a half a million dollars. That's your argument, correct?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Biss.
Well, my argument would actually center on two different costs to the taxpayer. One is, as you mentioned, the literal cost of recouping; the other is the cost that you endure as a society when you return people from the criminal justice system to the street without a penny to their name, which does two things - does a number of things - but does two things with a fiscal impact. Number one, it increases those individuals' reliance on taxpayer- funded programs and, number two, it decreases those individuals' capacity to find legal employment and therefore increases the odds of recidivism. Those two phenomena both increase costs and the - - the guesses of the experts I have spoken to suggest that those costs would be significantly in excess of the half million dollars recouped over a long period of time, which I think is why that we don't have opposition to this bill from the Department.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Rose.
Now I guess I would stick with that last part, not the first part, because if you've got a white-collar criminal with a million- 18 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 94th Legislative Day 4/5/2016 dollar bank account, they ought to reimburse the taxpayers for the cost. And to your -- you ask us to walk down a bit of a -- a path there that somehow people are being -- because of this, being put out on the street -- the average Joe being put on the street without any money in their pocket because of this, but you said it's only thirteen people. So I -- I guess if you're coming at this from the angle that -- that it costs more to do it than what we're collecting, I would argue that's a discretion issue that the individuals in charge ought to make their decisions better on a cost/benefit, but I wouldn't necessarily want to forgo the opportunity to go after someone with a big bank account and ask 'em to reimburse the taxpayers. That wasn't really a question. We'll just make that my final comment. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Murphy.
It's pretty hard to follow that. A question of the sponsor.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Murphy.
Senator, I'm trying to understand. It sounds like there's currently some discretion to go -- to pursue these suits and it's been on a very limited basis. Thirteen times it has been exercised in recent years. And it's my understanding that -- or it's only thirteen times that we've actually collected. But you will eliminate any opportunity under any circumstance for such a suit with this bill. Is that correct?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Biss. 19 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 94th Legislative Day 4/5/2016
So, first of all, thirteen is the number of cases that were initiated last year. But, second of all, the answer to your question is yes.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Murphy.
So, if - and -- and maybe there's an explanation for this - but if -- if Drew Peterson gets a huge book deal and gets a couple million dollars for a book deal, would we, under the current state of the law, have the discretion to go after some of that money on behalf of taxpayers for housing him? And would we lose that discretion under your bill?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Biss.
Yes.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Murphy.
So, we can picture a scenario where we want to use this, but we're going to eliminate it with this bill rather than trust in the discretion of the Department and the Attorney General when the history suggests that there really have not been a whole lot of examples of this discretion being abused. I mean, we can paint a picture of a scenario where somebody is actually hurt by this. Right? I think you did that effectively in your statement. But there's also a circumstance where taxpayers could be hurt by this and it -- this just seems to me to kind of cry out for a situation 20 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 94th Legislative Day 4/5/2016 where you give people the discretion to use judgment in the circumstance. And I guess I -- I'm -- I'm puzzled as to why you would want to take that away in all circumstances because you're afraid of the outcome in a few.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Biss.
Let me give a extremely practical answer and then a less practical answer. The practical answer is, if you look at the cases that have been brought, they're not -- they -- they vary somewhat, but it's not as though most of them are millionaires. We're talking about, you know, for instance, an individual who had a fifteen-thousand-dollar inheritance. That was literally what was needed to allow the individual to be able to have housing and pursue employment and not rely on government programs. The -- the great majority of the ten to fifteen cases that have been resolved are that order of magnitude of money - ten thousand dollars here, twelve thousand dollars here. Often someone is -- while incarcerated inherits a small amount of money because of a tragedy in their family, a relative dies, and then that then could afford them the possibility of having a little bit of resources to stay on their feet and that -- that is being taken away. So -- so I think that's an important piece of context here. Then the second question is a theoretical question. The -- the -- I think the previous speaker brought up an important example of a white-collar millionaire criminal. It's totally appropriate to have in the Criminal Code various types of financial penalties for various types of crimes. The question then is, do you want to, in addition to that, utilize this kind of process of ad hoc lawsuits as a 21 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 94th Legislative Day 4/5/2016 mechanism to pay for government? And I think that's just not consistent with how our criminal justice system ought to work. I don't think it's consistent with the principles of rehabilitation and that's why I think this bill deserves a Yes vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Murphy.
To the bill, Mr. President. I appreciate the answer. I guess I just come to a little different conclusion. I -- I think in most of -- in most cases, you and I would probably end up, on a case-by-case basis, treating individuals very similarly. The key to that being, of course, if we both had the discretion, or if we were in the policy-making position, to have the discretion to do so. This is a pretty draconian step to take away the discretion to make that choice. Again, this -- there's no real evidence that this is a power that's being systematically abused by policyholders in Illinois over a number of years. So I -- to me, I think we're setting ourselves up for down the line not -- to not take advantage of a certain situation where somebody does have the money to pay for their incarceration, and frankly, if they do, they should, assuming they actually have the money and the means to do so. This is a blanket taking away a discretion that I think hurts, potentially, taxpayers of Illinois to really very little benefit of anybody else, because so far the discretion by and large seems to have been used reasonably. Given that, I would urge a No vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Biss, to close.
Thank you, Mr. President. I appreciate the questions. I 22 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 94th Legislative Day 4/5/2016 think there -- this is an important discussion. I would just close by saying -- by reiterating that the entities that have that discretion that was so often mentioned by the two speakers -- were engaged in detailed discussions with myself about the bill and declined to take a position and took a -- decided that they -- they did not oppose the bill. They did not want to come to committee and explain, hey, we want to retain this discretion. They said this is a fine idea, go ahead. Surely, there are some instances you could conceive of hypothetically wherein this might be used in a way that's not offensive in a particular example. There are also a number of ways in which it has been used that have been harmful to individuals who are not sitting on tons of money, who are not able, without the small amount of money that they had involving a judgment like this, to get back on their feet. I think this is part of making sure that our Criminal Code reflects our fundamental value as a State that we believe in rehabilitation. For that reason, I would respectfully request Yes votes.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Ladies and Gentlemen, the question is, shall Senate Bill 2465 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 32 voting Aye, 19 voting Nay, 1 voting Present. Senate Bill 2465, having received the required constitutional majority, is declared passed. Next up on the Calendar, Senate Bill 2468. Senator Koehler. Mr. Secretary, let's go to Senate Bill 2512. Senator Steans. Senator Steans, on Senate Bill 2512. Do you wish to proceed? Mr. Secretary, please read the bill. 23 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 94th Legislative Day 4/5/2016
Senate Bill 2512. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans.
Ah, yes, thank you, Mr. President, Members of the Senate. This bill just makes it so that when there's a -- a court hearing going on about somebody who is a ward of the State that it gets asked in open court if there's any available relatives for a placement for the DCFS ward. Would urge an Aye vote. I don't know of any opponents on the bill. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall Senate Bill 2512 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 52 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 2512, having received the required constitutional majority, is declared passed. Next up on the Calendar is Senate Bill 2517. Senator Manar. Mr. Secretary, let's go to Senate Bill 2521. Senator Barickman. Mr. Secretary, please read the bill.
Senate Bill 2521. (Secretary reads title of bill) 3rd Reading of the bill. 24 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 94th Legislative Day 4/5/2016
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Barickman.
Thank you, Mr. President. Senate Bill 2521 makes certain amendments to the time frame for which certain status reports need to be made to the courts. It's an amendment to the Criminal Code. It's an initiative of DHS. I'm not aware of any opposition and I'd ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall Senate Bill 2521 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 53 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 2521, having received the required constitutional majority, is declared passed. Next up, we have Senate Bill 2522. Leader Harmon. Mr. Secretary, please read the bill.
Senate Bill 2522. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2522 is the Illinois Power Agency's initiative to amend its own Act to make some technical changes and respond to some 25 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 94th Legislative Day 4/5/2016 audit findings. I'm not aware of any opposition and I'd ask for your Aye votes.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall Senate Bill 2522 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 52 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 2522, having received the required constitutional majority, is declared passed. Next up is Senate Bill 2524. Senator Morrison. Mr. Secretary, please read the bill.
Senate Bill 2524. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Morrison.
Thank you, Mr. President, Members of the Senate. This bill authorizes that one free ID will be given to all DCFS youths. I know of no opposition and I would appreciate your Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall Senate Bill 2524 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 52 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 26 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 94th Legislative Day 4/5/2016 2524, having received the required constitutional majority, is declared passed. Senate Bill 2532. Senator Hastings. Mr. Secretary, on Senate Bill 2532, please read the bill.
Senate Bill 2532. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hastings, to present your bill.
Thank you, Mr. President. Senate Bill 2532 is a Department of Veterans' Affairs initiative, which would increase a number of veterans eligible to be a veteran service officer by removing the combat duty requirements. There are no opponents to this bill and I'll answer any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall Senate Bill 2532 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 51 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 2532, having received the required constitutional majority, is declared passed. Next up on the Calendar - we're in the middle of page 10, Ladies and Gentlemen - on the Order of Senate Bills 3rd Reading is Senate Bill 2533. Senator Cunningham. With leave of the Body, we'll return to 2565. Mr. Secretary, let's go to Senate Bill 2601. Senate Bill 2601. Leader Hunter. Mr. Secretary, please read the bill. 27 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 94th Legislative Day 4/5/2016
Senate Bill 2601. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Hunter.
Thank you, Mr. President. This bill is concerning a person who has successfully completed alcohol and drug treatment as a condition of their probation and it provides that a person that qualifies for vacation of the judgment of conviction, that they must file a motion to vacate, and I ask for -- sixty days, and I ask for an Aye vote. I know of no opposition to the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall Senate Bill 2601 pass. All those in favor will vote Aye. Opposed, Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 52 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 2601, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, there being no further business to come before the Senate, the Senate stands adjourned until the hour of 12 noon on the 6th day of April 2016. The Senate stands adjourned.
Pursuant to the directive of the Senate President, the regular Session of the Senate is now in perfunctory Session. Communication from the President. Letter dated April 5th, 28 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 94th Legislative Day 4/5/2016 2016. Dear Mr. Secretary - Pursuant to Rule 2-10, I am scheduling a perfunctory Session to convene on April 5th, 2016. John J. Cullerton, Senate President. Resolutions. Senate Resolution 1722, offered by Senator Koehler and all Members. And Senate Resolution 1723, offered by Senator Harmon and all Members. They are both death resolutions and will be referred to the Consent Calendar. Senator Joint Resolution Constitutional Amendment 29, offered by Senator Tom Cullerton. It is substantive. Committee Report. Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to -- Be Approved for Consideration - Senate Bill 231. Signed, Senator James F. Clayborne, Chairman. There being no further business to come before this perfunctory Session, pursuant to the directive of the Senate President, the Senate stands adjourned until Wednesday, April 6th, 2016, at the hour of 12 noon, or until the call of the Senate President. The Senate stands adjourned. 29