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 Chance Newingham, Lifegate International Ministries, in Athens -- Athens, Illinois.
(Prayer by Chance Newingham)
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Ladies and Gentlemen, 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 Journal of Tuesday, May 3rd, 2016.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter.
Mr. President, I move to postpone the reading and approval of the Journal just read by the Secretary, pending arrival of the printed transcript.
PRESIDING OFFICER: (SENATOR SULLIVAN) 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 1 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 objection, leave is granted. Mr. Secretary, Committee Reports.
Senator Jones, Chairperson of the Committee on Local Government, reports House Bills 4336, 4379, 4630, 5584, 5610 Do Pass; and House Bill 5611 Do Pass, as Amended. Senator Noland, Chairperson of the Committee on Criminal Law, reports Senate Bills 3259 and 3331 Do Pass; Senate Amendment 3 to Senate Bill 1120 Recommend Do Adopt; and House Bills 4603, 5538, 5594, 6324, and 6325 Do Pass. Senator McGuire, Chairperson of the Committee on Higher Education, reports Senate Resolution 1716 Be Adopted; and House Bill 5561 Do Pass. Senator Biss, Chairperson of the Committee on Human Services, reports Senate Amendment 3 to Senate Bill 2906 Recommend Do Adopt; Senate Joint Resolution 44 Be Adopted; and House Bills 4425, 5593, 5736, and 5783 Do Pass.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Althoff, for what purpose do you rise?
Thank you, Mr. President. Point of announcement.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please make your announcement, Senator Althoff.
The Senate Republicans would like to caucus for about thirty minutes, immediately.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Althoff moves that the Senate recess for the purpose of a Senate Republican Caucus, lasting approximately thirty minutes. There being no objection, the motion is granted. The 2 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 Senate will stand in recess. (SENATE STAND IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR SULLIVAN) Senate will come to order. Ladies and Gentlemen, will all Members within the sound of my voice please come to the Senate Floor? All Members within the sound of my voice, please come to the Senate Floor. Ladies and Gentlemen, just as a -- kind of a schedule for this afternoon, we will be doing Senate Bills 2nd Reading, then we will be doing Senate Bills 3rd Reading, and then Postponed Consideration and Resolutions. So, all Members within the sound of my voice, please come to the Senate Floor. We're ready to take up action. Mr. Secretary, Resolutions.
Senate Resolution 1826, offered by Senator Hastings. It is substantive.
PRESIDING OFFICER: (SENATOR SULLIVAN) Resolutions Consent Calendar. Excuse me, disregard. Mr. Secretary, Committee Reports.
Senator Raoul, Chairperson of the Committee on Judiciary, reports House Bills 3982, 4361, 4447, 4449, 4552, 4562, 4590, 4641, 4658, 4697, 5551, 5607, 5656, 5660, 5696, and 6225 Do Pass; and House Bills 5775 and 6083 Do Pass, as Amended.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Mulroe, for what purpose do you rise?
Thank you, Mr. President. Point of personal privilege. 3 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point, Senator Mulroe.
Thank you again, Mr. President and Members of the Senate. My point is to recognize two guests of mine today, Kamryn Schwarz and her mom, Pamela. If you guys can stand up. They're in -- behind us in the south gallery above the Democratic side. Kamryn is actually a Chicago police officer that is currently -- or just moved into Senator Hunter's district because she wanted to move into a better Senator's district. Her mom is visiting us from California and I'm trying to persuade her how great the State of Illinois is and to have her move here as well. If you can all give us -- give 'em a -- a warm Springfield welcome, I'd appreciate it.
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, let's welcome our guests here to the Illinois Senate. Thanks for joining us today. Great to have you here. Ladies and Gentlemen, we're going to go to the Order of Resolutions. If you'll turn to page 20 of the regular Calendar, we're going to do Senate Resolution 1735. Senator Bennett, on -- resolution -- Senate Resolution 1735. Would you -- do you wish to proceed? Senator Bennett? Mr. Secretary, please read the resolution.
Senate Resolution 1735, offered by Senator Bennett.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bennett, on your resolution.
Thank you, Mr. President. Heterotaxy is a -- is a rare 4 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 condition. It's a congenital condition where organs can often be in the wrong place, they can often be malformed, and often result in multiple surgeries often in children at a young age. So this resolution tries to address that by raising awareness for the condition as well as showing some support for the people who -- who are dealing with that condition now.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion on the resolution? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Continuing on resolutions on page 20, we have Senate Resolution… Just a minute, Mr. Secretary. Senator Bennett, for what purpose do you rise?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point, Senator Bennett.
Thank you, Mr. President. In the left side of the gallery - if you'd -- if you'd please rise - we have Nick Elizondo from Belleville, along with his wife, his mother, and his mother-in- law. Nick is actually -- for the resolution we just passed for heterotaxy awareness, Nick actually has that condition of heterotaxy. He's had numerous heart surgeries and a liver transplant a little over a year ago, and Nick's sister, Brittany, lost her battle, had heterotaxy as a youth. So, please welcome Nick Elizondo and his family.
PRESIDING OFFICER: (SENATOR SULLIVAN) Will our guests please rise? Welcome to the Illinois Senate. 5 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 So honored to have you here today. Thank you for joining us. Ladies and Gentlemen, again, will all Members within the sound of my voice please come to the Senate Floor? All Members within the sound of my voice, we're ready to go to the Order of Senate Bills 3rd Reading, going to take up final action. All Members, please come to the Senate Floor. Seth Perlman, with the Associated Press, requests permission to take video -- photos and Travis Kershaw, with WQAD-TV, requests permission to videotape. Seeing no objection, leave is granted. Okay, Ladies and Gentlemen, we're going to go to the Order of Senate Bills 2nd Reading. With leave of the Body, we're going to jump around just a little bit. If you'll turn to page 3, Senate Bill 2-8-0-4 - page 3, Senate Bill 2804 - again, on the Order of Senate Bills 2nd Reading. Senator Biss. Mr. Secretary, please read the bill.
Senate Bill 2804. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR SULLIVAN) Are there any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Senator Biss, for what purpose do you rise?
To put a bit of parliamentary minutia into the record, Mr. President, if I might.
PRESIDING OFFICER: (SENATOR SULLIVAN) 6 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 You may. Proceed, Senator Biss.
Thank you. Forgive me, Mr. President, but I want this to be in the record. We just advanced Senate Bill 2804 to the Order of 3rd Reading. That bill was in the Executive Committee several weeks ago. We had a pretty contentious discussion. I agreed to hold the bill until we could move forward in a -- a more amicable way. I believe we have an agreement. The amendment that executes that, what I believe to be an agreement, will be in the Executive Committee, I'm told, later today. And I have moved the bill to 3rd so that should that amendment meet with the committee's approval, we're in position to pass the bill tomorrow. I want the Body, and especially the Executive Committee, to understand that if the committee is not satisfied with that amendment, I will continue to hold the bill and not move it.
PRESIDING OFFICER: (SENATOR SULLIVAN) Very good. Thank you for that explanation. We appreciate it, Senator Biss. Mr. Secretary, Messages from the House.
A Message from the House by Mr. Mapes, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed a bill of the following title, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 6200. Passed the House, May 4th, 2016. Timothy D. Mapes, Clerk of the House. A Message from the House by Mr. Mapes, Clerk. Mr. President - I am directed to inform the Senate that the 7 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 House of Representatives has adopted the following joint resolution, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolution 124. Offered by Senator Harris, and adopted by the House, May 4th, 2016. Timothy D. Mapes, Clerk of the House. It is substantive, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Mr. Secretary, House Bills 1st Reading.
House Bill 6200, offered by Senator Collins. (Secretary reads title of bill) 1st Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Okay, Ladies and Gentlemen, as you can see we're kind of moving around on the Calendar here a little bit, but if you'll turn to page 4 of the regular Calendar, on the Order of Senate Bills 2nd Reading. We have Senate Bill 3163. Senator Van Pelt. Mr. Secretary, please read the bill.
Senate Bill 3163. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Senator McCarter, for what purpose do you rise? SENATOR McCARTER: Point of personal privilege.
PRESIDING OFFICER: (SENATOR SULLIVAN) 8 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 Please state your point, Senator McCarter. SENATOR McCARTER: I have with me today - actually in the gallery, behind the President - friends of mine, Bret and Bunny Brosman, and they've allowed their grandkids today to come and page for me. I've got Taylor Nance. She's from Vandalia. She's a cheerleader and she -- she wants to go into law someday and wants to have her own law firm and says she wants to go -- go to Harvard. So I -- I -- those -- those are high goals and I -- I'm glad to hear that. Also, I've got Alex Jump from Coffeen and he, too, is in the eighth grade. He goes to Hillsboro, where Taylor actually goes to Vandalia Junior High. And Alex admits he loves working with his hands and working outside, and one thing I noted here, he loves working with senior citizens. So he's got a heart for -- for people and I think that's something to be commended. I -- I'm glad they're here with me today. I ask you to wish them a warm welcome.
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, let's give a warm round of applause and welcome to Taylor and Alex and their grandparents here to the Senate today. Thanks for joining us. Senator Hastings, for what purpose do you rise?
Purpose of an introduction, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please make your introduction, Senator Hastings.
So if I could have the attention of the Chamber, I -- I brought a really -- a really special young man and his mom down 9 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 here today. I want to quickly introduce to you Ian Piet and his wife -- or his mother -- mother Holli. Ian's dad, in May of 215 -- or 2015, his dad passed away of lung cancer. His dad smoked. So, unlike those that may just sit down and -- and not do anything, Ian took it upon himself to say, you know what, I'm going to raise some money. And so Ian raised six hundred and fifty dollars on his GoFundMe page from donations. And then he also decided that that wasn't enough, so he did the Hancock Hustle. Well, he -- he ran all the way up the John Hancock building; he met Senator Mark Kirk and he ran up a few more flights of stairs, and he raised two hundred dollars for that. So eight hundred and fifty dollars for this fifth grader from Fulton Elementary School. He is an exceptional young man. In about fifteen years, I won't be here because Ian will be because he does great things. And I want to welcome -- I want everybody to give a -- a very warm Springfield welcome to Ian and his -- his mom.
PRESIDING OFFICER: (SENATOR SULLIVAN) Ian, welcome to the Illinois Senate, your mom as well. Congratulations and thanks for your hard work.
Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Biss, for what purpose do you rise?
For the purpose of an introduction, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please make your introduction, Senator Biss.
Thank you. I just wanted to introduce my family who are 10 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 joining me here today - always my happiest days in the Capitol when they're with me - Karin, who has the misfortune of being married to me, and our children, Theodore and Elliot. And I hope you all join me in giving them a -- a really warm welcome.
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, let's welcome the Biss family here to the Illinois Senate. Great to have you back again today. Okay, Ladies and Gentlemen, we are going to go to the Order of Senate Bills 3rd Reading. This is final action. On -- if you'll turn to page 10 of your regular Calendar, we're going to start with Senate Bill 2237. 2237. Senator Harmon. Okay, Ladies and Gentlemen, with leave of the Body, we're going to turn to page 13, Senate Bill 2903. 2903. Senator Brady. Senator Brady, on 2903. Okay, Ladies and Gentlemen, on page 13 -- also on page 13 is Senate Bill 2906. Senator Stadelman, on 2906. It's my understanding, Mr. Secretary, Senator Stadelman seeks leave of the Body to return Senate Bill 2906 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 2906. Mr. Secretary, are there any committee or Floor amendments approved for consideration?
Floor Amendment No. 3, offered by Senator Stadelman.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Stadelman, to present Floor Amendment 3.
I'll move for its adoption. I'll explain it on 3rd.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion on the amendment? Seeing none, all those in favor will say Aye. Opposed, Nay. And the 11 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 Ayes have it, and the amendment is adopted. Mr. Secretary, are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 2906. Mr. Secretary, please read the bill.
Senate Bill 2906. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Stadelman.
Thank you, Mr. President, Members of the Senate. Senate Bill 2906, as amended, requires Department of Human Services to treat participation in high school and high school equivalency programs as core activities for recipients of those receiving Temporary Assistance for Needy Families programs, or TANF. These participation hours shall count toward the program's requirement of the first twenty hours per week of participation. The premise of this legislation is that right now if you try to acquire your GED or other high school equivalency program, that does not count as a core requirement you need to fill to continue receiving TANF benefits. I think this will incentivize people to continue their educational attainment, get their GEDs, to allow them to continue -- continue receiving TANF benefits. Again, we -- we need the position of encouraging people to further their education and make sure that our work force has the skills needed to help out 12 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 manufacturers. This is a result of numerous conversations with DHS. They're supportive or comfortable with this language. I'm not aware of any opposition at this time.
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 2906 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 54 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 2906, having received the required constitutional majority, is declared passed. Senator Muñoz, for what purpose do you rise? SENATOR MUÑOZ: Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point, Senator Muñoz. Ladies and Gentlemen, can we have -- shh. Ladies and Gentlemen, if we could have your attention, please. Senator Muñoz has an important announcement here. Senator Muñoz. SENATOR MUÑOZ: Thank you, Mr. President, Ladies and Gentlemen of the Senate. Today, we have with us, are in the gallery to my right, the family of Chong Lim. Chong Lim, his -- KIA, he was killed -- State Trooper killed in the line of duty in 1995. The House passed over a resolution in honor of their son, the trooper, so we will be doing it here in the next couple of days. But the family took the time out to come and visit the Senate. If we can welcome them, we have Chris Lim, Nam Lim, GiGi Ley, Sandy Kim, and the escorts from 13 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 the State Police: Trooper Torez, Captain Meeder, and Master Sergeant Pilgrim (and) Rogers. If we can welcome them to the Senate, I would appreciate it.
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, let's show our appreciation to the fallen trooper's family. Thank you for being here. Senator Harmon, for what purpose do you rise?
For the purposes of an introduction, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please make your introduction, Leader Harmon.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I'm pleased to be joined on the Senate Floor today by my Page for a Day, Emily Dillon. She's a seventh grader from St. Edmund School in Oak Park and she lives in Oak Park, in Senator Lightford's District. She's -- she enjoys reading, writing, and sketching. And she has an avid interest in government and politics. It's been a pleasure to have her here with me in the Senate on this very busy day. She's joined in the gallery by her mother, Maria Dillion, and a family friend, Linda Ray. If you would all join me in welcoming Emily and her mom and friends to the -- to the Illinois State Senate.
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, let's welcome Emily here and her family to the Illinois Senate. Great to have you here today. Thank you for joining us. Okay, Ladies and Gentlemen, if you'll -- let me see, we're on page 13 of the regular Calendar, still on the Order of Senate Bills 3rd Reading. We have Senate Bill 2933. Senator 14 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 Hastings, do you wish to proceed? Now let's go to -- if you'll turn to page 15 of the regular Calendar, let's go to Senate Bill 3336. Senator Righter, on 3336. Do you wish to proceed? Mr. Secretary, Senator Righter seeks leave of the Body to return Senate Bill 3336 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading, Senate Bill 3336. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 3, offered by Senator Righter.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter, to present Floor Amendment 3.
Thank you, Mr. President. Floor Amendment 3 is language that was requested by -- or negotiated between the Trial Lawyers Association and the Illinois Retail Merchants Association. It removes all opposition to the bill. I move that it be adopted.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion on the amendment? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments, Mr. Secretary, approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading, Senate Bill 3336. Mr. Secretary, please read the bill.
Senate Bill 3336. 15 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.
Thank you, Mr. President, Ladies and Gentlemen of the Chamber. Senate Bill 3336, now in its final form, will allow the State's Department of Financial and Professional Regulation limited targeted access to information that is kept by a pharmacy's patient safety organization when it comes to errors by a pharmacist who has been discharged for cause. It would also, for the first time in this State, require that all pharmacists or pharmacies actually be members of a patient safety organization. I'd be happy to answer any questions, Mr. President.
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 3336 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 57 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3336, having received the required constitutional majority, is declared passed. Leader Lightford, for what purpose do you rise?
Thank you, Mr. President. On a point of an announcement, please.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please make your announcement, Leader Lightford. 16 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016
Or I should say personal privilege, Mr. President. Ladies and Gentlemen of the Senate, behind me on the Republican side of the aisle - it is our National NAACP Statewide Lobby Day - there's delegates here, if they could please stand, from ten different locations across the State of Illinois. With them is the President, Teresa Haley. I'm happy they're here advocating on behalf of education reform, criminal justice reform, and health care. Please welcome the NAACP Statewide to Springfield.
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, welcome to the Illinois Senate. Great to have you here today. Thanks for joining us. Joshua Clark, with WCIA-TV, requests permission to photo and videotape. Seeing no objection, leave is granted. Senator Weaver, for what purpose do you rise?
Purpose of introduction, please.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please make your introduction, Senator Weaver.
Thank you very much. I have with me today, Kiersten Pratt. She's a senior from Arlington, Illinois. And I'm really proud of this young lady - she's the Illinois State 4-H equine speech contest first place winner in 2015 and also (All) American Quarter Horse Congress national speech contest winner in the same year. She's interested in equine sports, plans to go to college and major in equine science. And her mother, Sue Pratt, is here as well. I'd please ask that you welcome her with a round of applause. Thank you. 17 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, let's welcome our guests here to the Illinois Senate. Thanks for joining us today. Good to have you here. Ladies and Gentlemen, if you'll turn to the regular Calendar. As we announced earlier, we're kind of moving around on the Calendar here, but if you'll turn to page 20 of the regular Calendar on the Order of Postponed Consideration. Senate Bill 2340. Senate Bill 2340. Senator Lightford, on Senate Bill 2340. Wish to proceed? Mr. Secretary, please read the motion. Mr. Secretary, please read the bill.
Senate Bill 2340. (Secretary reads title of bill)
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Again we have Senate Bill 2340, which is an attempt to improve the lives of Illinois' lowest-income children, those living in families that receive TANF cash benefits. What we'd like to do is increase the amount of the child support the State collects from non-custodial parents, usually fathers, that it turns over to the TANF families. So what we'd like to do is line ourselves up with the federal government in being consistent. Right now, no matter how much the father or mother pays in child support, only fifty dollars reaches the child. We'd like to -- to double that to one hundred. And if there's more than two children, right now a hundred dollars reaches the child, no matter how much the child support payment is, and we'd like to increase that to two hundred. 18 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 Again, we're just lining ourselves up with all other states with the federal rules. I'd be happy to answer questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Senator Righter, for what purpose do you rise?
To the bill, if I might.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill, Senator Righter.
Thank you, Mr. President, Ladies and Gentlemen of the Chamber. As many of you, if not most of you, will recall, the last time that we were here and voted upon this bill, this bill did fail. And the reason it did is because I think that despite what we still see in some quarters in this Chamber and this General Assembly, the reality that we do not have this kind of money to spend and perhaps the approach that's taken under this bill isn't really working has begun to settle upon us all. I would urge a No vote. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Senator -- Lightford, do you wish to close? Ladies and Gentlemen, the question is, shall Senate Bill 2340 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 33 voting Aye, 20 voting Nay, 0 voting Present. Senate Bill 2340, having received the required constitutional majority, is declared passed. Senator Martinez, for what purpose do you seek recognition? 19 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016
For point of an announcement.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please make your announcement, Senator Martinez.
Thank you, Mr. President, Members of the Senate. Today is Unity Day here in the State Capitol. The Latino Caucus would love to invite everyone out to celebrate Cinco de Mayo celebration at the Old State Capitol. Lots of music, lot of good food. So I invite the whole Senate and everyone in the Chamber to please join us in the Cinco de Mayo celebration over at the Old State Capitol, starting at 5:30 this evening. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you, Senator Martinez. Senator Hutchinson, for what purpose do you rise?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point, Senator Hutchinson.
Thank you, Mr. President and Members of the Senate. If I could draw your attention up to the President's Gallery now, we have some very distinguished guests in the building. We have Miss Sheena Patton, who brought along with her a number of high school students with the Democratic Women of the South Suburbs. They're up there in those beautiful purple scarves. If you all could stand up so that we can say hello and welcome you to the Illinois State Senate Chamber. Welcome to Springfield, everybody.
PRESIDING OFFICER: (SENATOR SULLIVAN) 20 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 Welcome to Springfield, Ladies and Gentlemen -- Ladies. Thank you for joining us. Great to have you here. Senator Delgado, for what purpose do you seek recognition?
Thank you, Mr. President, and welcome back. Glad to see you. I just want to take a personal privilege, for a second here, sir.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point, Senator Delgado.
Yes, I want to acknowledge, as -- just as our Chairperson of the Latino Caucus pointed out, Senator Martinez - I want to thank everybody - as you know today is Latino Unity Day. You know, our caucus is a very inclusive caucus. We have members from all around. If you have fifty-one percent or more in the Latino community, we elect you; we don't have to be necessarily Latino as we're a very diverse caucus. But I do have some friends in the audience that have come and created a new college. And from -- Quiroga College, we have Fernando Alessandrini, the Executive Director, the Campus in Chicago, over on 22nd Place in Chicago, is with us in the balcony, right over my left shoulder here, along together with José Manuel Ortiz Rodriguez, the Property {sic} (Project) Manager, and together with Rafael von Raesfeld - talk about the diversity of the Latino community. And of course, we want to say hello to C.P. María Inés Pérez Alfaro, Secretaria Adminisrativa Universidad Vasco De Quiroga, and that is -- actually comes from the beautiful country of Mexico. And I'd like to acknowledge my friends in the balcony. Let's give 'em a warm Springfield welcome.
PRESIDING OFFICER: (SENATOR SULLIVAN) 21 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 Ladies and Gentlemen, let's welcome our guests here to the Illinois Senate. Thank you so much for joining us. Great to have you here today. Okay, Ladies and Gentlemen, if you'll turn to page 20 of your regular Calendar on the Order of Resolutions, we have Senate Resolution 1772. Senator Manar. Mr. Secretary, please read the resolution.
Senate Resolution 1772, offered by Senator Manar.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Manar.
Thank you, Mr. President. If I could have the Body's attention, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, shh. Ladies and Gentlemen, please, can we have your attention here for just a few minutes? Senator Manar has an important resolution here. If we could have quiet in the Chamber, please. Senator Manar.
Thank you. To my colleagues, this resolution simply recognizes May as Stroke Awareness Month in Illinois -- Pediatric Stroke Awareness Month, excuse me, in Illinois. This month is recognized nationally and I thought, given some communications I had to -- I guess not even former constituents, but individuals that come from my hometown of Bunker Hill who now live in Senator Sullivan's District, we thought it would be a good idea to recognize this month in the State to raise awareness about this public health risk that exists today. Estimated fifty to eighty- five percent of infants and children who experience pediatric 22 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 strokes will have a permanent neurological disability. The cause of pediatric strokes is little known and treatment for this condition varies. This resolution is being introduced on behalf of this young lady standing to my right. Her name is Ashlyn. And I'm going to talk a little bit about her and her family and other guests here after we take up the resolution. But I introduce this not just on behalf of these families, but thousands of other families, not just in Illinois but across the country who have had to grapple with the effects of a pediatric stroke. So I would just simply rise and ask for adoption of this resolution by the Body.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion on the resolution? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senator Manar.
All right, thank you very much. I'd -- I'd now like to introduce some guests that are -- that are here, that brought this concept and this idea to myself and through the March of Dimes. First, I want to introduce Ashlyn, who is nine years old, who is standing right here. I made here stand on a chair so we could -- so you could all see her smiling face. So I think it's important to note that one out of twenty-eight hundred births in the United States result in a pediatric stroke, and Ashlyn was one of those. But she's here today smiling with us, here I think bringing herself to the Senate Chamber for the first time, and I thank her and her family for doing so. Her mother is Amanda. Amanda, if you would stand up, please. And her father is Nick and they're both here 23 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 with us today, along with her little sister Jordyn, who's been smiling since the moment she walked in -- in the building this morning. I asked -- I asked Ashlyn, you know, "How did your parents end up in Easton?" - which is in Mason County. Because Amanda's originally from Bunker Hill and Nick is from St. Louis. And Senator Sullivan was part of the conversation and Ashlyn really didn't know, so Senator Sullivan said, "Well, is it because you want to live in John Sullivan's district?" And Ashlyn said, "Yes, that is -- that is the reason." I also want to introduce members of the family who are here. Nancy and Randy, who are Ashlyn's grandparents - Scroggins - from Bunker Hill. They've joined us today. I also want to introduce Janelle Paquette. Janelle's daughter, Bella -- this was about five years ago. Janelle lost her daughter, Bella, at three years old as a result of an illness that resulted in a pediatric stroke. And Janelle's here, who lives in the Metro East, to also help raise awareness for -- for this issue across the State. So I thank them all for being here, for bringing this idea to -- to me, as a Member of this Senate, and I hope that this serves a little bit of purpose to help raise awareness to this issue across the State of Illinois. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, let's give a warm, warm welcome to our guests here today. Thank you so much for joining us. Okay, Ladies and Gentlemen, continuing on Resolutions, page 20, we have Senate Resolution 1784. Senator Steans. Do you wish to do your resolution? Mr. Secretary, please read the resolution.
Senate Resolution 1784, offered by Senator Steans.
PRESIDING OFFICER: (SENATOR SULLIVAN) 24 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 Senator Steans.
Yes, thank you, Mr. President, Members of the Senate. Senate Resolution 1784 recognizes today, May 4th, 2016, as the first Annual Illinois Foster Youth and Alumni Legislative Shadow Day to recognize the hard work and contributions to the well-being of current -- current and former foster children. We -- a number of Senators I know, and Representatives, had foster youth shadowing them today. I think it's a terrific experience, both to learn from their personal stories and for the youth to see how the legislative process works and understand it and maybe get themselves interested in it. They -- DCFS has a Statewide Youth Advisory Board whose mission is to help advocate for this -- for -- the needs of the foster youth. And this really helps, I think, educate them on that work as well. Very much appreciate the support of the Chamber for this and hope we can just continue to grow this event every year.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion on the resolution? Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senator Link, for what purpose do you seek recognition?
A point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point, Senator Link.
I'm privileged to have one of my park districts here today that -- and it's the Foss Park District. We got Angela Smith, 25 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 Kari Cowart, and Vance Wyatt. So I'd like the Chamber to welcome them to Springfield.
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, let's welcome our guests to Springfield. Great to have you here today. Thanks for joining us. Senator Rose, for what purpose do you seek recognition?
A sharing of a joy, Mr. President. I have in the gallery…
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point, Senator Rose.
Thank you. We -- in the gallery, we have the Mayor of St. Joseph, Illinois, B.J. Hackler, former President of the Illinois Municipal League, and with him, Tami Fruhling-Voges, who is also a Village Trustee, and very good friends, both.
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, let's welcome our guests to Springfield. Thanks for joining us today, Mayor. Senator Forby, for what purpose do you seek recognition?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point, Senator Forby.
Yeah, I'm a lucky guy too. I have two of my mayors from my district too. One of 'em is a Republican and one of 'em is a Democrat - Mayor Butler from Marion, Illinois, and Jason Ashmore from Sesser, Illinois. Please give 'em a great hand.
PRESIDING OFFICER: (SENATOR SULLIVAN) 26 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 Welcome to the Illinois Senate, Mayors. Great to have you here today. Thanks for joining us. Senator Steans, for what purpose do you seek recognition?
Yes, thank you. I move to waive all notice and posting requirements so that HJRCA 58 can be heard on Wednesday, May 4th, 2016, at 4:30 p.m. in the Senate Judiciary Committee Subcommittee on Constitutional Amendments Affecting the Judiciary, and if approved by the subcommittee, then HJRCA 58 can be heard on Wednesday, May 4th, 2016, 5 p.m. in the Senate Judiciary Committee.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Steans moves to waive all notice and posting requirements so that House Joint Resolution Constitutional Amendment 58 can be heard on Wednesday, May 4th, 2016, at 5 p.m. {sic} in the Senate Judiciary Committee Subcommittee on Constitutional Amendments Affecting the Judiciary, and if approved by the subcommittee, then House Joint Resolution Constitutional Amendment 58 can be heard on Wednesday, May 4th, 2016, at 5 p.m. in the Senate Judiciary Committee. All those is favor will say Aye. Opposed, Nay. The Ayes have it, and all notice and posting requirements have been waived. Ladies and Gentlemen, if I can have your attention -- attention for an announcement. The Senate Judiciary Subcommittee on Constitutional Amendments Affecting the Judiciary will meet at 4:30 p.m. today in Room 400. The Senate Judiciary Committee will meet at 5 p.m. today in Room 400. So, again, the Senate Judiciary Subcommittee on Constitutional Amendments Affecting the Judiciary will meet at 4:30 p.m. today in Room 400. The Senate Judiciary Committee will meet at 5 p.m. today, also in Room 400. Okay, Ladies and Gentlemen, we're going 27 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 to go to the Order of Senate Bills 3rd Reading. If you will turn to page 10 of your regular Calendar, we have Senate Bill 2237. Senator Harmon, do you wish to proceed? Mr. Secretary, please read the bill.
Senate Bill 2237. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon. Leader Harmon.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Senate Bill 2237 aims to solve a very specific problem. When a broadband provider wishes to lay cable along a right-of-way on a -- a township or county highway in rural Illinois, they can be stymied in that effort by a single property owner who objects and does not agree to the installation of that utility along the right- of-way. It applies only in the very narrow circumstance where the property owner, who owns the land now under -- over which the easement has been given, does not pay property taxes on the portion of property in the right-of-way. It is identical to the existing law with respect to sewer and water utilities and piggybacks, in essence, on that structure with the same requirements for repairing damage to the property. That's the very specific problem that it seeks to solve. It has created a much broader conversation between two important, legitimate competing interests. On the one hand, the desire to ensure that all of Illinois is adequately served by broadband technology, that downstate hospitals and schools and businesses and residents have access to the -- the 21st century 28 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 internet; and on the other hand, the legitimate rights of property owners who own the underlying land, albeit land on which they are no longer paying property taxes. The Farm Bureau is opposed to the bill. To my knowledge, it's the only entity that opposes it, and it opposes it on that property rights question. We've negotiated in good faith and have simply not been able to reach an accommodation on the philosophical issue. I know some of you are opposed to it. I appreciate and respect that opposition. I'm doing my best to try to balance two legitimate competing interests and make sure that downstate Illinois is adequately served with broadband technology. I'd be happy to entertain whatever questions, and for those of you who can vote Aye, I'd ask you to vote Aye.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Before we start the discussion, Senator Link in the Chair.
PRESIDING OFFICER: (SENATOR LINK) Senator Rezin, for what purpose do you rise?
Thank you, Mr. Chairman. To the bill, please - Mr. President.
PRESIDING OFFICER: (SENATOR LINK) To the bill.
Yes, I do commend the sponsor on this. I know Senator Harmon worked very hard to bring all of the parties together, regarding a very important bill. While we do recognize the challenges that we face trying to get rural access to the Internet and everything else, you know, unfortunately, on this bill, we could not get an agreement with the Farm Bureau, which is very important to us as 29 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 well. For many of us who have districts that have many projects that -- that go through their district and -- we hear consistently from farmers and Farm Bureaus regarding their concerns of property owners -- rights for property owners. Will there be replacement for any tile -- such as will you replace tile that's been damaged? Will we be notified when someone is walking on a property? Those are all of the kinds of questions that we do hear back from our members of the Farm Bureau. So like the sponsor did say, first of all, I do appreciate you trying to reach an agreement on an issue. I think this is one of those bills that we both feel, you know, one way or the other, and at the end of the day, respect what you're trying to do, however, unfortunately, the Farm Bureau was not able to come along with this. But we do thank you for trying to work with the Farm Bureau.
PRESIDING OFFICER: (SENATOR LINK) Senator Righter, for what purpose do you rise?
Will the sponsor yield, please, Mr. President?
PRESIDING OFFICER: (SENATOR LINK) Indicates he will.
Thank you. Senator Harmon, in your opening, you mentioned that in many or most -- or maybe all cases, the property that would be taken is -- they're not paying property taxes on it. Can you elaborate on that, tell me why they're not paying property taxes on that?
PRESIDING OFFICER: (SENATOR LINK) Leader Harmon.
30 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 Thank you, Mr. President. Thank you for the question. I -- I -- I want to emphasize this because it is important. We are talking about property pursuant to which a right-of-way was granted - in some cases, a century ago - through farmland. And the roadway itself and the -- the shoulders and the -- the adjacent property that is not farmland and is not used for farmland has been deemed as valueless for the purpose of property taxes. So it is only that property. And I want to emphasize - we are not talking about running a utility through active farmland; we are not talking about running a utility through anyone's homestead property. We're talking about the existing right-of-way where the road already exists and where statute already provides for a utility easement for sewer and water utilities. So we're -- we're just maintaining that model as it applies to broadband cable.
PRESIDING OFFICER: (SENATOR LINK) Senator Righter.
To the bill, please, if I might, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) To the bill.
Thank you. Ladies and Gentlemen of the Senate, there are some bills that we debate and talk about and vote on in this Chamber that are headline bills and they get a lot of publicity and they get a lot of publicity because they're really, really important. And then there are bills that get almost no attention whatsoever. They are just these little vehicles moving through this thousands of bill process that we have here. But even though they don't get much publicity, they are just as important and 31 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 Senate Bill 2237 is the poster child for that kind of bill. I agree with Senator Rezin that Senator Harmon has done probably everything he can to try to bridge the gap here between the private property owners and a private sector entity, but sometimes some gaps can't be bridged and this is one of 'em. Now, Senator Harmon mentioned just a moment ago that this property that will be used by the private sector entity - not a water or sewer, not a -- not a utility; this is a private sector usage of the property or taking of the property - isn't farm ground. He's exactly right, but it doesn't mean it's not used in agriculture production - it is. These are grass strips, and if anyone -- you're from a farm district, you've been on a farm, you've read about a farm, know that grass strips are used for drainage and those are critical to agriculture production, because if you don't have adequate drainage, then it's going to harm your crop production, and that's what this bill potentially could do in terms of the tile. There has been testimony - I've had conversations with people back home, maybe you have too - that this installation can potentially damage the tiles that have been placed there by the farmer to help with the drainage. But there is a much, much bigger and broader point even than that and that is this, this is their property. This is the farmer's property. Whether they got it a century ago, whether they got it five hundred years ago, or whether they got it two weeks ago, it doesn't matter. It's their property and this is a private sector entity not negotiating with individual landowners, saying I need this parcel, I need this parcel, I need this parcel. This is Springfield. This is government coming in and saying, we are going to grant the use of your private property for this private sector entity's use. I'm all for development. I'm all 32 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 for growth, particularly in rural areas. By golly, I live in an area. I got fourteen counties in my Senate district, but there is a broader principle here and that is this is a taking. There is no compensation being afforded here. We should not cross that line here. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR LINK) Leader Harmon.
Thank you, Mr. President. I appreciate those comments, Senator. I do want to emphasize for the Senate, the bill does include a requirement that any damage to drain tile be repaired. We also did offer to the Farm Bureau to expand and enhance those provisions, to post a bond, to do other things to ensure adequate and timely repair in the event that there is some damage. Would be happy to entertain that, but it was not acceptable in the negotiation. So, I just want to be clear that we are mindful of the potential for damage and the bill does provide a remedy.
PRESIDING OFFICER: (SENATOR LINK) Senator Tom Cullerton, for what purpose do you rise?
Question of the sponsor.
PRESIDING OFFICER: (SENATOR LINK) Indicates he will yield.
Senator Harmon, I want to sort of focus on what the previous speaker was. If the road right-of-way has been developed by an easement with the land owner for road use purposes, who owns the property within the right-of-way?
PRESIDING OFFICER: (SENATOR LINK) 33 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 Leader Harmon.
Thank you, Senator, for the question. We are talking about that situation where the underlying land is still owned by the -- the -- the property owner, albeit subject to a right-of-way given long ago to construct a highway on it, and the highway itself is maintained by the township or the -- or the county, whose ever highway it is, as would be the -- the shoulder and the right-of- way where the utilities go. The -- the underlying property is absolutely still owned by typically the farmer with the farm adjacent to it or perhaps on both sides of it, but -- but that property has been long subject to a right-of-way and it has been deemed without value and therefore the -- the owner of the farmland, the useful farmland, is not paying taxes on the -- the land under the right-of-way.
PRESIDING OFFICER: (SENATOR LINK) Senator Tom Cullerton.
So they are still the owner of the property. And then, secondly, do the -- does the process for seeking repairs or reimbursements - I know you touched on it a little bit - but it - - does it differ any way at all from the current law in the current statute?
PRESIDING OFFICER: (SENATOR LINK) Leader Harmon.
Thank you, Mr. President. Thank you for that question, Senator. It is my understanding that, and from the last time I reviewed it, it -- it is identical in structure to the -- the -- 34 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 the law that the General Assembly passed more than a decade ago with respect to sewer and water utilities, including all of the repair obligations.
PRESIDING OFFICER: (SENATOR LINK) Senator Mulroe, for what purpose do you rise?
Thank you, Mr. President. Question of the sponsor.
PRESIDING OFFICER: (SENATOR LINK) Indicates he will yield.
Senator Harmon, it's been described this "easement", so it's -- actually was on the -- the -- the owner's property, but now it's turned into an easement where it's -- cannot really be used by the owner. Is that correct?
PRESIDING OFFICER: (SENATOR LINK) Leader Harmon.
Thank you, Mr. President. Yes, that's correct, Senator. It is -- it is an existing easement with a -- with a roadway on it.
PRESIDING OFFICER: (SENATOR LINK) Senator Mulroe.
And the purpose is, they can't build on it, they can't use it, they don't pay taxes on it, because it provides an access for utilities that actually benefit the homeowner and -- and the -- all the homeowners that are utilizing the easement as well -- or the utilities.
PRESIDING OFFICER: (SENATOR LINK) Leader Harmon. 35 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016
Thank you, Mr. President. That's correct with the caveat that Senator Righter was correct. There -- that is used for drainage and there may be drainage tile underneath the property, which would have to be respected and repaired if it were damaged. But in conversational terms, no, it's not being used productively for -- for farming. It's not being used as a part of the -- the yard or -- or other uses. It is a right-of-way for the highway.
PRESIDING OFFICER: (SENATOR LINK) Leader Sullivan, for what purpose do you rise?
Thank you, Mr. President. I'd like to speak to the bill.
PRESIDING OFFICER: (SENATOR LINK) To the bill.
Thank you. Ladies and Gentlemen, I -- I rise in opposition to my good friend and colleague's bill. I'd just like to kind of give just a little bit of background and history here. You know, when the original roads were taken over and put in, that land was taken from the original landowners at that time, and I think it's important to keep in mind that in some instances that was done through eminent domain. It wasn't necessarily an agreed process in some instances. And I know that we understand that and sometimes we have to do that, but I think it's important to note that in some cases that land was taken by eminent domain and it was taken to be used for a road, not for other purposes, but for the purpose of -- of a roadway and road usage. And the -- and the landowner did not deed that property over. They still own that property. Granted, they're not paying taxes on it, but they still 36 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 -- their deeds, their title, still shows them as the owners of that property. Now there's been some references made to, well, we did this; the General Assembly passed some legislation a while back that allowed a -- a water line to be used -- to be placed in a -- in a roadway -- in these right-of-ways. There's -- there's a big difference between laying a water line and laying a fiber- optic cable, especially with regard to the damage that can be caused by laying a fiber-optic and/or a water line. When you lay a water line, you literally trench it up. You lay the pipe in there. If you cut a tile or if you cut some other item that's infrastructure that's underground and you don't -- when you -- when you -- when you're laying a tile in there, when you're laying a water line in there, you can see what damage you've done and you can repair it. With a fiber optic, it's knifed in. It's plowed in. You don't expose it. You just simply knife it into the ground, so you don't get a chance to know what kind of damage that you have done to the property, to a tile line, or to some other infrastructure in the ground. I understand fully well the need for infrastructure in the way of Internet and fiber optic out in the rural parts of the State and the county. I understand it very well. It's something that we struggle with and -- and I -- and I -- so I understand that -- what -- what's trying to happen here, but there is a better route. There is a -- there is an alternative and that is working with the landowners to -- to -- to -- to get their consent to -- to put these -- to use that right-of-way, which they own. And so with that -- with that being said, I rise in opposition and I ask for a No vote.
PRESIDING OFFICER: (SENATOR LINK) Leader Harmon, to close. 37 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016
Thank you, Mr. President. I'd like to thank everyone for the respectful tone of -- of the debate on this issue. I will close as I opened: This is a balancing effort between two legitimate competing interests and I obviously have chosen to resolve that balance on behalf of providing the Internet service. I just want to say three things I heard during the debates over the last month on this bill that I think matter. One is to Senator Sullivan's point. It is -- certainly can be characterized as a bit of a rhetorical flourish, but the Internet is the roadway of the 21st century and this is what's connecting communities across the State, across the country, and across the world. So it is not that much different from a roadway a hundred years ago. Second, we had a witness in committee, a young man living in rural Illinois, who's trying to -- to stay on the family farm, but is so challenged by the inability to access Internet to pursue his career, which leads to the third point. One of our colleagues told me, a colleague who has legitimate concerns about the bill, about an incident in -- in the Senator's district where one property owner held up broadband delivery for three years because he -- that farmer was stubborn. And -- and the point that our colleague made was, if we don't do something like this, there will be no downstate. This is an investment in ensuring everyone is connected to the modern world through the roadways, whether it was the Roman roads, centuries and centuries ago, or the Internet. That's what we're trying to do. I know many of you will -- will have to vote No and I respect that and I appreciate the way you've interacted with me on this. For those of you who can vote Aye, please do.
PRESIDING OFFICER: (SENATOR LINK) 38 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 The question is, shall Senate Bill 2237 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 35 Ayes, 18 Nays, none voting Present. Senate Bill 2237, having received the required constitutional majority, is declared passed. Leader Sullivan in the Chair.
PRESIDING OFFICER: (SENATOR SULLIVAN) Okay, Ladies and Gentlemen, just to -- just to kind of give you a road map here, we're going to be reading for the second time a constitutional amendment in full and that's going to take just a little bit of time, but I want everybody to know that we are going to go back to the Order of 3rd Readings once that's completed. So once that's completed, we will go back to the Order of 3rd Readings. Before we do that, though, Senator Delgado, did you want -- seek recognition? Senator Delgado.
Thank you, Mr. President, Members of the -- for personal privilege. I'll be very brief.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point, Senator Delgado.
Thank you. I -- I want to point out from my home's district, from Nixon Elementary, one of our parent mentor groups with many of the parents involved with our students. That's where parents are involved with the children's education. I want to welcome the Hermosa community where I live. It's called Hermosa, which means beautiful, and this is Nixon Elementary and these are the parent mentors. Thank you. 39 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, let's welcome our special guests here to the Senate today. Welcome. Thank you for joining us. Senator Rezin, for what purpose do you rise?
Thank you, Mr. President. Point of personal privilege.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point, Senator Rezin.
Thank you, Mr. President. I, too, have very -- two very special guests today, Nikki Wills and Nancy Ammer, from the Grundy County Economic Development Council in Morris, Illinois. They both have been instrumental in the past several years in working with my office to help and establish the first-ever high school internship program. This summer, which is our fourth summer, we're very proud to say that we will be offering forty project-based paid internships in all of the corporations in our district and there are internships in accounting, engineering, marketing, IT, and couldn't have done it with {sic} the two people behind me. They've also been very instrumental working with my office to help set up the operating engineer and technician program at the local community college. It's important to bridge that gap with the workforce development and industry in our area. So, again, I'd like a warm -- warm Springfield welcome for two very important people from my district, Nancy Ammer and Nikki Wills. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, let's welcome our special guests here to the gallery -- Senate here today. Thank you so much. Thanks for joining us. Welcome. Okay, Ladies and Gentlemen, as I 40 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 indicated earlier, if you'll turn to page 19 of the regular Calendar on the Order of Constitutional Amendments 2nd Reading. Mr. -- Mr. Secretary, please read House Joint Resolution Constitutional Amendment 36 for the second time.
House Joint Resolution Constitutional Amendment 36. (Secretary reads HJRCA No. 36) 2nd Reading in full of this constitutional amendment.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Ladies and Gentlemen, all members of the Committee on Assignments please come to the President's Anteroom. All members of the Committee on Assignments, to the President's Anteroom, please. (at ease) Senator Morrison, for what purpose do you rise?
For the point of an introduction, please.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please make your introduction, Senator Morrison.
I'm very delighted to welcome today the Illinois Youth in Care and Alumni Legislative Shadow Day participants, who are located in the gallery up there. Mr. President and Members, this is their first legislative day. They've had an opportunity to come down, see how we operate, and an opportunity to shadow some of us. I am delighted to be associated with this group and want to welcome them, especially the young man who followed me around, Jeremy Hudson. You're going to see him back in Springfield in a leadership position.
PRESIDING OFFICER: (SENATOR SULLIVAN) 41 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 Ladies and Gentlemen, let's welcome our guests to the Illinois Senate. Thank you so much for joining us today. Good to have you here. Brendan Cullerton, with WICS, requests permission to audio and 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 Commerce and Economic Development Committee - Floor Amendment 2 to Senate Bill 517; refer to Criminal Law Committee - House Bills 6190 and 6328; refer to Environment and Conservation Committee - Floor Amendment 3 to Senate Bill 2417; refer to Executive Committee - Floor Amendment 1 to Senate Bill 467, Floor Amendment 2 to Senate Bill 2804, Committee Amendment 1 to House Bill 48 -- 4589, House Bill 5576, and Committee Amendment 1 to House Bill 6292; refer to Higher Education Committee - House Bill 6302; refer to Insurance Committee - House Bill 3549; refer to Judiciary Committee - House Bill 3898 and 6109; refer to Labor Committee - Floor Amendment 1 to Senate Bill 3163; refer to Licensed Activities and Pensions Committee - Floor Amendment 2 to Senate Bill 2955; refer to Public Health Committee - House Bill 4935; refer to State Government and Veterans Affairs Committee - Committee Amendment 1 to House Bill 4370; refer to Transportation Committee - Senate Joint Resolution 48; Be Approved for Consideration - Floor Amendment 3 to Senate Bill 231, House Bill 6331, and Senate Joint Resolution 55. Signed, Senator James F. Clayborne, Chairman.
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, if I can have your attention for the 42 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 committee announcements schedule. These are in addition to the already scheduled committees. So these are additional committees that will be meeting this afternoon and tomorrow morning. Executive will meet this afternoon at 3:30 in Room 212. Licensed Activities and Pensions will meet this afternoon at 3:30 in Room 400. Commerce and Economic Development will meet tomorrow morning at 9:30 a.m. in Room 400. Labor will meet tomorrow morning at 11 a.m. in Room 212. And Environment and Conservation will meet tomorrow morning at 10 a.m. Again, these are in addition to the already scheduled committees. So let me run through those again and I do have one small change. So these are in addition to the regular scheduled committees. This afternoon: Executive at 3:30, Room 212; Licensed Activities and Pensions at 3:30 in Room 400. Commerce and Economic Development tomorrow morning at 9:30 a.m. in Room 400; Labor tomorrow morning at 11 a.m. - that's in Room 400. I earlier said it was in 212 - it's in Room 400. And Environment and Conservation tomorrow morning at 10 a.m. in Room 400. Okay, Ladies and Gentlemen, Senate -- Supplemental Calendar No. 1 has been distributed. It's on your desks. Secretary's Desk, Resolutions. We have Senate Joint Resolution 55. Senator Haine, do you wish to proceed? Mr. Secretary, please read the gentleman's resolution.
Senate Joint Resolution 55, offered by Senator Haine.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine, to your resolution. Ladies and Gentlemen, shh. Ladies and Gentlemen, please can we hold the visiting down here for just a few minutes? Senator Haine has a -- an important resolution, so shh. Senator Haine, please proceed. 43 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016
Thank you, Mr. President and Ladies and Gentlemen of the Senate. Thank you for your indulgence on this. This is a resolution to name a portion of a highway in my district after a Lance Corporal, United States Marine Corps, who was killed in battle in 2010. Whereas, Lance Corporal Kenneth Corzine passed away on December 24, Christmas Eve, in 2010, as the result of wounds received in battle; and whereas, Lance Corporal Corzine was born May 4, 1987 and was a lifelong Madison County resident; and whereas, Lance Corporal Corzine graduated from Civic Memorial High School in Bethalto and enlisted in the United States Marine Corps on August 1, 2007; and whereas Lance Corporal Corzine completed infantry training on March 5th, 2008 and proudly served with distinction in the 3rd Battalion, 5th Marine Regiment known as DARKHORSE; and whereas, Lance Corporal Corzine completed Winter Mountain Warfare Training and Enhanced Mojave Viper Training before deploying as a rifleman with the 1st Squad, 3rd Platoon, Company L in {sic} Afghanistan in support of Operation Enduring Freedom; and whereas, Lance Corporal Corzine's personal awards included a Purple Heart and a Combat Action Ribbon; and whereas, the 3rd Battalion, 5th Marines suffered 25 killed in action and more than 250 wounded during the historic seven-month deployment in Afghanistan; and whereas, Lance Corporal Corzine did not hesitate to perform his duty as a Marine even as his comrades were falling around him; and whereas, Lance Corporal Corzine was severely injured during battle on December the 5th, 2010 and later succumbed to the wounds he received; therefore, be it resolved, by the Senate of the -- of the 99th General Assembly of the State of Illinois, the House of Representatives concurring herein, that we 44 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 designate the portion of Illinois Route 140 from North Bellwood Drive to Prairie Street in Bethalto as the "Lance Corporal Kenneth Corzine Memorial Drive"; and be it further resolved, that the Illinois Department of Transportation is requested to erect at suitable locations, consistent with State and federal regulations, appropriate plaques or signs giving notice that the name is "Lance Corporal Kenneth Corzine Memorial Drive"; and be it further resolved, that a suitable copy of this resolution be presented to his family and to the Bethalto Mayor and City Council {sic}, a small token of the -- of the esteem within he -- which he is held by the people of the State of Illinois. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion on the resolution? Seeing none, as this resolution requires the expenditure of State funds, a roll call vote will be required. Ladies and Gentlemen, the question is, shall Senate Joint Resolution 55 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 56 voting Aye, 0 voting Nay, 0 voting Present. Senate Joint Resolution 55, having received the required constitutional majority, is declared passed. Thank you, Senator Haine. Okay, Ladies and Gentlemen, if I can have your attention, the Senate will stand in recess to the call of the Chair. After committees, the Senate will reconvene for the purpose of reading in committee reports and constitutional amendments. There -- we will not -- there will not be further Floor action. The Senate stands in recess. 45 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 (SENATE STANDS IN RECESS/SENATE RECONVENES)
PRESIDING OFFICER: (SENATOR HARMON) The Senate will come to order. Mr. Secretary, Resolutions.
Senate Resolutions 1827 through 1833, offered by Senator Anderson and all Members. Senate Resolutions 1834 and 1835, offered by Senator Haine and all Members. Senate Resolution 1836, offered by Senator McGuire and all Members. They are all death resolutions, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Resolutions Consent Calendar. Mr. Secretary, Committee Reports.
Senator Martinez, Chairperson of the Committee on Licensed Activities and Pensions, reports House Bills 4259, 5949, and 6030 Do Pass. Senator Landek, Chairperson of the Committee on State Government and Veterans Affairs, reports House Bills 538, 4389, 4529, 4678, 5018, 5600, 5756, and 6031 Do Pass; and House Bill 4370 Do Pass, As Amended. Senator Harmon, Chairperson of the Committee on Executive, reports Senate Amendment 1 to Senate Bill 467 and Senate Amendment 2 to Senate Bill 2804 Recommend Do Adopt; House Bills 694, 4334, and 4668 Do Pass; and House Bill 4589 Do Pass, As Amended. Committee Report Correction. On May 4th, 2016, the Senate Committee on Judiciary reported 46 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 109th Legislative Day 5/4/2016 House Bill 4658 with a recommendation of Do Pass in its report to the Senate. Senate Committee Amendment 1 to House Bill 4658 was adopted by the committee and therefore House Bill 4658 is reported Do Pass, as Amended. Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Re-refer from Executive Committee to Education Committee - House Bill 306; and Be Approved for Consideration - Senate Bill 150. Signed, Senator James F. Clayborne, Chairman.
PRESIDING OFFICER: (SENATOR HARMON) President Cullerton, for what purpose do you rise?
Purposes of an announcement.
PRESIDING OFFICER: (SENATOR HARMON) Please state your announcement, Mr. President.
Pursuant to Rule 210 {sic} (2-10), I am canceling Session scheduled for Friday, May 6th, 2016. Session will reconvene on Tuesday, May 10th, 2016.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, President Cullerton. There being no further business to come before the Senate, the Senate stands adjourned until the hour of 12 noon on the 5th day of May 2016. The Senate stands adjourned. 47