Illinois Senate Floor Debate — May 12, 2016

PRESIDING OFFICER: (SENATOR MUÑOZ) The regular Session of the 99th General Assembly will please come to order. Will the Members please be at their desks? Will our guests in the galleries please rise? The invocation today will be given by Pastor Shaun Lewis, Civil Servant Ministries, Springfield, Illinois. Pastor.

PRESIDING OFFICER: (SENATOR MUÑOZ) Pledge of Allegiance. Senator Cunningham.

(Pledge of Allegiance, led by Senator Cunningham)

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

PRESIDING OFFICER: (SENATOR MUÑOZ) 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 MUÑOZ) 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. Mr. Secretary, Resolutions.

PRESIDING OFFICER: (SENATOR MUÑOZ) Mr. Secretary, Resolutions Consent Calendar. Mr. Secretary, Committee Reports.

PRESIDING OFFICER: (SENATOR MUÑOZ) Mr. Secretary, Messages from the House.

PRESIDING OFFICER: (SENATOR MUÑOZ) Will all Members of the Senate please come to the Senate Floor? We will be going to 3rd Readings and we will do Senate Appointments on the Floor today as well. Please come to the Floor. Let's get 'er done and we can get back to the district. Sherrie Phillips {sic} (Phipps), WICS, requests permission to videotape, as well as Lisa Yuscius, Blueroomstream.com, requests permission to videotape as well. There being no objection, leave is granted. Again, Senators, please come to the Floor. We are going to be starting out. Senate Bill 322, Senator Raoul, is first up. We've got about two pages of 3rd Readings. Please come to the Floor so 4  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 we can move on these. Senator Hunter, for what purpose do you seek recognition?

Point of personal privilege, Mr. President.

PRESIDING OFFICER: (SENATOR MUÑOZ) Please proceed, Senator.

Thank you, Mr. President. I'd like everyone to be made aware that -- that today is one of our guard's fiftieth anniversary and we are so appreciative of him being here to help us work through the day every day in committees and here on the Floor. And he is no other -- none other than Odie Carpenter, up in the balcony. Odie, today is your fiftieth anniversary and thank you very much for all the service you've given us.

PRESIDING OFFICER: (SENATOR MUÑOZ) Congratulations, Mr. Carpenter. Thank you for all that you guys do. Congratulations. Senator Connelly, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR MUÑOZ) Please proceed.

PRESIDING OFFICER: (SENATOR MUÑOZ) Welcome to the Senate. Senator Althoff, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR MUÑOZ) Please proceed, Senator.

PRESIDING OFFICER: (SENATOR MUÑOZ) Welcome to the Senate, Madison. Senator McGuire, for what purpose do you seek recognition? SENATOR McGUIRE: Point of personal privilege, Mr. President. 6  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016

PRESIDING OFFICER: (SENATOR MUÑOZ) Please proceed, Senator. SENATOR McGUIRE: Thank you. Ladies and Gentlemen of the Senate, I have with me today three impressive young men from my hometown, the City of Steel and Stone, Joliet. To my left, I have Juan Ortiz, Javion George, and David Ramey. Each of them is a junior at Joliet Central High School and their presence recalls for me a time when I was part of a panel interviewing students at Joliet Central for the annual selection of the ideal senior and we asked one of the students, "What are you most proud of about your school?" And the student said, "We like to think that with the diversity in our school," which is reflected here with my guests, "we're teaching the city how to behave." So please give a big welcome to these three outstanding Joliet Central High School students. Thank you.

PRESIDING OFFICER: (SENATOR MUÑOZ) Welcome to the Senate, gentlemen. Senator McGuire. Ladies and Gentlemen of the Senate, we will go to the Calendar, page 24. Senate Resolution 1552. Senator Murphy. Mr. Secretary, read the resolution.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Murphy.

Mr. President, this resolution has to do with the O'Hare noise abatement issue. And what it does is it encourages the FAA and the City of Chicago to work together in utilizing the most recent technology, the Community Noise Equivalent Level standards, in all 7  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 of its monitoring. And I would encourage an Aye vote and passage.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Any discussion? There being none, the question is, shall Senate Resolution 1552 pass. All those in favor, vote {sic} Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Senate Resolution 1553. Senator Murphy. Indicates she wishes to proceed. Mr. Secretary, read the resolution.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Murphy.

Thank you, Mr. President. This, too, is another O'Hare noise issue and this resolution seeks to make some changes in the O'Hare noise Fly Quiet program and provides a better quality of life for those residents surrounding O'Hare Field, given the O'Hare modernization program changes.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Any discussion? There being none, the question is, shall Senate Resolution 1553 pass. All those in favor, vote {sic} Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Next, Senate Joint Resolution 48. Senator Rezin. Senator Rezin. We'll now proceed to Senate Bills 3rd Reading, page 5 of the Calendar. Mr. Secretary, please ring the bell. We will now proceed to Senate Bills 3rd Reading, page 5 of the Calendar. Senate Bill 322. Senator Raoul. Indicates he wishes to proceed. Senator Raoul seeks leave of the Body to return Senate Bill 322 to the Order of 2nd Reading. Leave is granted. 8  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 On the Order of 2nd Reading is Senate Bill 322. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul, on your amendment.

Mr. President, Floor Amendment 1 has -- will be replaced by Floor Amendment 2, so I'll explain it on 3rd.

PRESIDING OFFICER: (SENATOR MUÑOZ) Are you not seeking to adopt Floor Amendment 1, Senator Raoul? 'Cause you have two other…

No. No. No, we don't need to adopt Floor Amendment 1.

PRESIDING OFFICER: (SENATOR MUÑOZ) Mr. Secretary, are there any other Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul, on Floor Amendment No. 2.

Floor Amendment 2 has most of the guts of the overall bill. I will explain it on 3rd.

PRESIDING OFFICER: (SENATOR MUÑOZ) There any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul, on Floor Amendment 3.

Floor Amendment 3 allows for denesting. I'll explain it in more detail on 3rd.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) 3rd Reading. On the Order of 3rd Reading, Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.

Thank you, Mr. President, Ladies and Gentlemen of the Senate. There's been a lot of discussion around redistricting reform. There was a constitutional amendment, which I sponsored, that we passed out of the Senate and sent over to the House that was not called for any hearing, and additionally there was a constitutional amendment, sponsored by Representative Franks, that was passed out of the House and considered in subcommittee and failed in 10  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 subcommittee in the Senate after a hearing. Ladies and Gentlemen of the Senate…

PRESIDING OFFICER: (SENATOR MUÑOZ) Please keep your -- please keep your voices low, please.

Ladies and Gentlemen of the Senate, the President of the United States descended upon Springfield to give us his farewell as the last visit to Springfield as President and he left us with several messages and amongst them was a message to promote and embrace bipartisanship and then he also indicated that it is time to consider redistricting reform. His emphasis was -- was on congressional redistricting reform. But one of the things that he said was that it should not just be done in states where Democrats are in control; it should be done in all states and there should be a national solution. It should not be a state-by-state solution. And I was so happy the President made that statement. When he initially made the statement that it was time for redistricting reform, he received a loud applause from one side of the aisle. When he indicated that it should be a national solution, that applause did not follow. I'm happy to be working in a bipartisan manner on this initiative, both in this Chamber with Senator McCann and in the other Chamber with Representative Cassidy and Representative Batinick, and we've been in communication with legislators in other states - the State of Georgia being one. And the State of Georgia is one where Republicans are in control of the state legislature and there are legislators there who are willing to have this discussion. But the point is that when -- if we're really going to do redistricting reform, it should be a national solution -- solution and it should 11  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 not be a state-by-state solution that tilts one way. And so the proposal in Senate Bill 322 is to embrace the notion of a interstate compact. It would create a compact between states and once all states with three or more congressional districts were to sign onto that compact, there -- it would move forward the national solution towards redistricting reform. It would allow for a redistricting commission that would be appointed by the auditor. The -- the -- the formation of the redistricting commission mirrors that that's been embraced in the State of California already. So this is not a pie-in-the-sky type of commission. It's something that has been passed in a state and it's operating in the State of California already. And in addition, with Floor Amendment 3 what we do is we allow for denesting to make sure that there's ultimate flexibility to comply with the federal Voting Rights Act, with the Illinois Voting Rights Act, with the spirit of the Illinois Voting Rights Act, and with respecting communities of interest. In other redistricting reform proposals, the notion of respecting municipal boundaries was prioritized over respecting communities of interests. And what we -- what I learned five years ago from participating in hearings throughout the State from experts throughout the country is that otherwise benign -- benign criteria has the effect of packing communities and diminishing their -- their influence. So I ask my colleagues to move this discussion forward. There is an independent initiative that's going on that, quite frankly, falls short in protecting voters' rights. I think we have an opportunity. The National Conference of State Legislators {sic} (Legislatures) descends upon the State of Illinois this summer. I intend on advancing this conversation at the conference this summer 12  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 in Chicago and I ask all of you all to join me.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Senator Righter, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR MUÑOZ) Sponsor indicates he will yield.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.

No, it wouldn't allow another state to influence our redistricting process. It would have other states embrace the same framework that we set in this bill as to how their redistricting process would happen -- well, how the redistricting process would happen, quite frankly, all over the country; that it would embrace the concept of an independent commission, but it 13  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 would -- as the President indicated to us, this should not just happen -- it should not just be embraced in Democrat states, it should -- it -- it should happen equally across the country. And so that's what -- what my bill would put -- push forth.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Righter.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.

Well, it -- it is leveraged by the fact that it -- it -- it wouldn't take place -- and as I -- as I indicated, there -- there would have to be some conversation that takes place outside of legislative Chambers, as legislators get together at their respective conferences, whether it's an NCSL or whether it's an ALEC or whatever the organization may be. But the idea is that the trigger does not take place until all states with three congressional districts or more advance it…

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Righter.

14  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 …or embrace it - embrace it by -- by way of legislation, just as the legislation we're considering today.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Righter.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.

The -- the guts of it would look much like the elements that -- that are set forth in the bill. It would be forthcoming after all of the states with three congressional districts or more have embraced the compact.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Righter.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.

There's no such concern because the -- the -- the notion that 15  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 if we have this -- a national embracing of the concept that it should happen in all the -- all of these states, then that creates a pressure for it to be done in all of these states, because it has been embraced on bipartisan basis throughout the country and we've mustered up that -- it -- it's similar to the movement for a -- a national popular vote. The idea is to get enough -- enough states' legislators to -- legislatures to sign on to it and create a national pressure for it to happen - not just in Democrat states, but all across the country.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Righter.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Raoul.

Yes. The reason why and -- the reason why - and I think this 16  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 is a critical point - if you -- the -- the -- the reason why the President says just don't do this in -- in Democrat states, 'cause if you have this impartial way of doing redistricting in Democrat states, and then in Republican states - let's say you take the State of Texas, where not only did they decide to gerrymander, but they decided to do it in the middle of the decade because they saw an opportunity to add congressional seats - so if it's just embraced in the states of one party, then it creates a circumstance where you have a Congress that will be -- be dominated by that other party.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Righter.

PRESIDING OFFICER: (SENATOR MUÑOZ) To the resolution -- I mean to the bills {sic}.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator McCann, for what purpose do you seek recognition? SENATOR McCANN: Thank you, Mr. President. To the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) To the bill, Senator. SENATOR McCANN: Yeah, I want to commend the sponsor. I want to say thank you to Senator Raoul for taking the bull by the horns, for taking pen to paper and creating the catalyst to get the conversation started. I think - to speak to some of the concerns of the previous speaker worried about would we be relinquishing any of our state sovereignty by voting for this bill and sending it to the other Chamber, I -- I think this bill in its essence is a conversation starter. That's what this boils down to and -- and -- and that's what legislation begins as. Whether it begins out in -- out in the communities we represent, whether it begins here in these halls, all legislation begins with conversation. And so we just passed some education funding reform out of this Chamber a couple of days ago and I don’t think anyone here really believes that that bill in its current form is going to become the law of the land in Illinois, but it is going to hopefully provoke further conversation on a subject that needs to be had. I think it's hard for us to imagine that the framers, that the founders of this great 18  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 nation envisioned a republic that looks the way it does today when it comes to drawing these lines, when it comes to the gerrymandering process committed by both parties in all states. It may be one of the greatest internal threats to our republic today. And so while this is not the panacea, this is the beginning. And I say thank you to the sponsor and I say thank you for allowing me to come along for the ride and I look forward to having this conversation with you and our colleagues around the State and around the nation. Thank you, Mr. President.

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

PRESIDING OFFICER: (SENATOR MUÑOZ) To the bill, Senator.

PRESIDING OFFICER: (SENATOR MUÑOZ) There being no further discussion, Senator Raoul, to close.

Thank you, Mr. President. First off, I want to thank Senator McCann and I think he made some very valid points that this is in fact a -- a conversation starter. This, in fact, even in -- within this General Assembly that you'll note that in this period of time when we're doing House bills, this is a Senate bill and we -- and we're in continued conversation with Representative Batinick and Representative Cassidy on -- on -- in the other Chamber and it's a conversation started, not just within this Chamber, but nationally. And with regards to other states dictating what Illinois is doing, it's just the opposite, 'cause Illinois would be taking the lead. What's in -- what's included in this bill are details of how a commission would be formed. Now admittedly, much of those details were taken from the California process, which has been lauded by both Democrats and Republicans across the country, that would not set the power in the Legislature and would not set the power in the Supreme Court to -- to thereby create a potential conflict of interest. It would set the power in the auditor's hands to -- to form that commission. And to a previous speaker's point that I myself sponsored a constitutional amendment that formed a commission that kept the power in the hands of the Legislature, admittedly, that I -- I did and there are pros and cons to that process. I think one of the pros is, it embraces the diversity of this great State; that we have a very diverse 20  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 Legislature. We may have the most diverse Legislature in the United States of America and we should be proud of that. And to the extent that you have the voices of -- throughout -- representative of constituencies throughout the State, I believed when I put forth my constitutional amendment that was a better way of doing it than the option proposed by the House of having just eight people - just eight people…

PRESIDING OFFICER: (SENATOR MUÑOZ) Excuse me, Senator. Let's keep the conversations low. It's kind of hard {sic} and is disrespectful to the speaker. Please keep the conversations low. Please proceed, Senator.

Thank -- thank you, Mr. President. Of just having eight people represent the entire State, there's no way to reflect the diversity of the State with a commission that just has eight people on it selected by a Supreme Court that may end up presiding over the -- a challenge to whatever map those eight people would draw that would -- thereby creating a conflict of interest. So I think the process that is set forth in Senate Bill 322 that other states would follow - not dictate to us, other states would follow - doesn't create a situation where other states are dictating to Illinois. It does the opposite. We're being a leader and saying other states should embrace this independent process that does not create conflict of interest, that respects the federal Voting Rights Act and, quite frankly, the spirit of the -- the one-in-a- kind Illinois Voting Rights Act, that which we all should be proud of, which was supported unanimously in this Chamber. It sets that into -- into the -- the -- the compact for other states to follow what Illinois has already done. And so -- so I -- again, I -- I 21  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 want to show great appreciation to Senator McCann and Representative Batinick in the other Chamber and Representative Cassidy and Representative Batinick and Representative Cassidy and Senator McCann and myself and anybody else who wants to join in who may want to tweak this. I'm not -- I -- I won't let pride get in my way. There may be some fixing to this. We're open to that conversation. But I return to the President's comments that we can't -- as good as it sounds to have all of these advocacy groups say we should do this here in the State of Illinois when we know that the same partisans who were aggressively putting this forth, aggressively putting it forth -- forth as part of a turnaround agenda, would not be doing it if they were in the State of Indiana - would not be doing it if they were in the State of Texas. So if we're going to do this, we should do it on a national basis. We should have the conversation this summer at a national conference of state legislators on a bipartisan basis and we should advance the conversation that way. I urge your support on this.

PRESIDING OFFICER: (SENATOR MUÑOZ) The question is, shall Senate Bill 322 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 42 voting Aye, 6 voting Nay, 9 voting Present. Senate Bill 322, having received the required constitutional majority, is declared passed. Senator McCarter, for what purpose do you seek recognition? SENATOR McCARTER: Purpose of a introduction.

PRESIDING OFFICER: (SENATOR MUÑOZ) Please proceed on your point of personal privilege. 22  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 SENATOR McCARTER: Okay. Thank you, Ladies and Gentlemen. You know, every year I bring to the Legislature a special group of young ladies from what was Mercy Ministries, now is Mercy Multiplied because they have expanded what they do. But in the gallery behind me to the -- one of the most beautiful young ladies up here is the one on the top right and that's my wife. Stand up, honey. And -- see, she looks just like the rest of 'em. But Mercy Multiplied is a organization that's very special to us because it -- it is a -- a group that is based out of Nashville, Tennessee, has four other facilities in the -- in the -- homes in the United States, helps young women with life-controlling issues, such as eating disorders, addictions, abuse, and all kinds of things. As many of you know, my daughter was on the waiting list to get in when she passed away. And so since then, knowing that this organization has a ninety-three percent success rate, my wife and I have done everything we can to -- to save as many girls like her. And so these young ladies are beautiful. God has a wonderful plan for their life. We know that and we're going to continue investing in them. I'd like you to welcome them to the State Senate.

PRESIDING OFFICER: (SENATOR MUÑOZ) Will our guests in the gallery please rise? Welcome to the Senate. Senator Morrison, for what purpose do you seek recognition?

On a point of -- of personal privilege, please.

PRESIDING OFFICER: (SENATOR MUÑOZ) Please proceed.

23  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 I also am being visited today by a group of lovely young ladies. They are sitting in the President's Gallery. They're from the Susan G. Komen organization. They're here today advocating for all women in Illinois for a healthy, cancer-free lifestyle and I'm very proud to have them with me today: Bonnie Gordon from Highland Park, Bonnie Bates from Riverwoods, Joan Knippen from Elmhurst, and Julie Jacobson from Buffalo Grove. Please help me in welcoming them.

PRESIDING OFFICER: (SENATOR MUÑOZ) Will our guests in the gallery please rise? Welcome to the Senate. Senator Link in the Chair.

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

Point of personal privilege, Mr. President.

PRESIDING OFFICER: (SENATOR LINK) State your point.

I, too, have friends and constituents in my district who are down here visiting from Chicago, promoting and advocating for additional dollars for breast cancer. So I would like for us to recognize the ladies who are -- and a couple gentlemen who are here for the Breast and Cervical Cancer Task Force and they're up in the President's chamber {sic}.

PRESIDING OFFICER: (SENATOR LINK) Welcome to Springfield. Senator Morrison, for what purpose do you rise?

For the point of an introduction, please. 24  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016

PRESIDING OFFICER: (SENATOR LINK) State your introduction.

I'm also delighted to have with me a very special Page, Ben Schrage, who's in fourth grade and lives in Warrenville. Ben goes to St. Irene's. His favorite subject is social studies. His favorite sport is baseball. Favorite food is crab legs. And he has a brother, a mom, dad, a dog and two rabbits. Please help me in welcoming Ben to the Floor today.

PRESIDING OFFICER: (SENATOR LINK) Welcome to Springfield. Senate Bill 3011. Senator Mulroe. Mr. Secretary, please -- Senator Mulroe seeks leave of the Body to return Senate Bill 3011 to 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 3011. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LINK) Senator Mulroe, on your amendment.

Thank you, Mr. President. I'd ask for its adoption. I'd be happy to explain it on 3rd.

PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR LINK) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3011. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Muñoz in the Chair. Senator Mulroe.

Thank you, Mr. President, Members of the Senate. I want to just first start by saying, if you want a bill that you can go home and tell your constituents that you voted Yes to save people's lives, to save them money, and to save the State of Illinois money, this is the bill for you. It provides a trifecta of benefits. Senate Bill 3011, known as Tobacco 21, provides that no person under twenty-one shall purchase tobacco products, rather -- rather than the current age of eighteen. Today our focus is on youth smoking, and a shared vision that if we work hard enough, we can make this the last generation affected by the devastating effects of tobacco addiction. Ninety-five percent of all smokers start smoking before the -- the age of twenty-one. Many start at the age -- under the age of fifteen. Studies have shown that if you don't start smoking by the age of twenty-one, it's not likely that you will start smoking forever. So you'll be a life -- you'll be a nonsmoker for a lifetime. The biggest impact from this bill is for fifteen- to seventeen-year-olds who normally rely on eighteen- year-olds for their tobacco. These kids do not have -- if the 26  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 bill passes, these younger kids will not have access -- or they do not go in the same social circle as twenty-one-year-olds. Over time, it's estimated that this bill would reduce overall smoking rates by twelve percent, which is a significant reduction. We know that tobacco use is the number one cause of preventable deaths in the U.S., the leading cause of cancer, heart attacks, strokes, and birth defects. We as a Senate and a General Assembly should be doing everything within our power to keep young people from using tobacco, because we know that it's much easier to not start smoking than it is to quit. There's been polls that say seventy percent of the smokers think this is a good bill because it is so hard to stop smoking. It renders many people powerless - that's how tough the addiction is. There's also private and public cost in Illinois due to tobacco use. Privately, if you smoke a pack a day and it costs you twelve to fourteen dollars a pack, that's the equivalent of over four thousand dollars of hard-earned money to buy a product that you know is harming you, that eventually will kill you. For our tax dollars, we spend almost two billion dollars in Medicaid costs every year to treat recipients with tobacco- related illnesses. Annual healthcare costs, both private and public, in Illinois directly caused by smoking is equivalent to about five and half billion dollars. We all know someone who's been -- probably died because of using tobacco. Many of you have told me stories of losing someone you were close to because of tobacco use. Today we have many volunteers -- volunteers here from the American Cancer Society. They are cancer survivors and many of them are here in remembrance of someone they lost to cancer. They are here in support of Senate Bill 3011. Today we also wear our sneakers for Suits and Sneakers Day in support of 27  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 the American Cancer Society and their mission. I -- I also want to tell you, when I was first approached to sponsor this bill, I was a little reluctant to be the sponsor because I felt if someone could fight for their country, they should be able to buy tobacco. It was a kneejerk reaction that I had and I've also seen the same reaction from many of you here on the Floor. I have to tell you, my opinion has changed, but if -- you don't have to listen to me. I'm sure many of you have been -- have been spoken to by the retired Generals that have come down here, William Enyart and -- Randal Thomas, who have told you they are in favor of this bill. They want our military to be mission-ready and they understand the harmful products -- the harmful effects of tobacco use. We don't want that -- the people that serve and protect us to use this harmful product. It's undisputable evidence that using tobacco will kill you and, before it kills you, it will harm you. I'm trying to do everything in my -- my power to protect not -- not the -- only the young that -- but the people that serve and protect us. There's also been some arguments to exempt electronic cigarettes from the bill, but we're not here today to argue about whether these products are healthier than cigarettes. We all know that anything is less harmful than cigarettes. We know these products are harmful; they contain many toxins - maybe not as many as cigarettes, but toxins and addictive chemicals. Many studies have shown that young people who use these cigarettes are likely to move on to -- to traditional tobacco products. They are not proven cessation products. The federal government just announced steps to regulate these products so we learn -- until we learn more of the potential harms. The FDA rule stops e-cigarette manufacturers and retailers from making unproven health claims. 28  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 Manufacturers and retailers can no longer make claims that e- cigarettes help people quit smoking. It's also been recently determined that e-cigarettes have skyrocketed at alarming rates and -- by our youth. Youth are not using e-cigarettes to quit smoking - they are using them to be -- because they think they're "cool". Many studies have shown that young people who use e- cigarettes and -- are likely to move on to -- to traditional tobacco products. There's currently no scientific evidence establishing the safety of e-cigarettes. The FDA just released the final rules to regulate e-cigarette sales, marketing, and manufacturing this past week. The final rule allows the FDA to make science-based decisions to protect children and the health of all Americans. Nicotine is the most addictive drug on earth. It is more addictive than heroin and cocaine. I'm not a doctor, but I can tell you that by heating up nicotine into a vapor form and inhaling it into your lungs, it just can't be good for you. It has to be harmful. It's almost equivalent to taking the -- liquid nicotine and injecting it into your veins. There are over a hundred and forty municipalities in our -- in the United States that have a -- a Tobacco 21 law. Those cities include Chicago; Evanston; Independence, Missouri; Kansas City, Missouri; Kansas City, Kansas; New York; and many others, including the states that have passed a Tobacco 21 bill of California and Hawaii. Massachusetts Senate just recently passed it as well. Supporting organizations are the following: American Cancer Society, the Heart Association, the Lung Association, Respiratory Health Association, Illinois Academy of Family Physicians, March of Dimes, the Illinois Hospital Association, the Illinois State Medical Society, Sudden Infant Death Services, Illinois Public 29  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 Health Association, Northern Illinois Public Health Consortium, the Illinois Association for Health, Physical Education, Recreation and Dance, and Mission: Readiness. In closing, before I take any questions, I'm asking you to vote Yes to reduce tobacco use in Illinois today. I want you to look at your tennis shoes and think how -- about how cancer and other related diseases have affected your life and your loved ones, about the people you know who have been sick and died from using tobacco. It starts with a person receiving the words "you've got cancer". It ends with that person who's been using cancer {sic} gasping for air because their lungs are destroyed and no longer work. I want you to think also about the cancer survivors who are here with us today and think about your -- the gym shoes that you're -- and why you're wearing them today. The bill is one small thing we can do to prevent tobacco-related disease and -- and death. Mr. President, I'd -- I'd be happy to entertain questions, and at the end, I would ask for your Aye votes.

PRESIDING OFFICER: (SENATOR MUÑOZ) Thank you, Senator. Any discussion? Senator Syverson, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR MUÑOZ) Sponsor indicates he will yield.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Mulroe.

Thank you for the question, Senator Syverson. This bill is not about criminalizing possession of our young. We want them to 31  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 stop smoking cigarettes. That's what this is -- bill is trying to promote. And also, there's not any studies that have -- have proven that ticketing children for possession of a tobacco product is an effective way for them to stop smoking cigarettes. In addition to that, you mentioned alcohol. And, you know, we all probably went to college on the Floor and, when you were under twenty-one, you may have had a beer in college and there are universities, including ones within our State, that have a habit of writing tickets or trying to put -- fine people that are in college for having possession of alcohol - that has not worked. So what I'm doing -- trying to do is promote not starting smoking and we do not want to criminalize our young.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Syverson.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Mulroe.

Well, I guess, Senator, it's -- it's -- it hasn't proven to be a deterrent. So having a penalty or imposing a penalty on either our poor children or even our poor college students is not a deterrent. What it is, is a penalty to the families that -- are going to have to pay the fine. And there is a difference between, obviously, alcohol and cigarettes. You can consume a -- a -- amounts of alcohol and make you a health risk if you're driving a car, unlike cigarettes, if you're -- merely possessing cigarettes.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Syverson.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Mulroe.

33  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 I guess, just to try to make it clear, with regard to smoking, it's not been proven to be a deterrent. So, just to focus on the smoking, I don't believe punishing or ticketing or fining our young will be a deterrent. I'm trying to focus on making sure they do not start and that's more important to me. There's a balance here regarding the benefits of not smoking versus the cost of ticketing or fining someone.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Syverson. Last question, or…

PRESIDING OFFICER: (SENATOR MUÑOZ) …to the bill, because I didn't put the timer on, but I've been letting you ask. Got twenty other speakers. Senator Syverson.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Mulroe, did you want to respond to that? 34  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016

Just briefly. It was part of the negotiation -- process. I listened to a lot of the Members and that was important to some Members and I -- I didn't -- you know, overall my main concern was to prohibit or try to stop people from start smoking and -- and that's why I did it.

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

Thank you, Mr. President and Ladies and Gentlemen of the Senate. I rise in strong support of this legislation and I want to commend the sponsor, Senator Mulroe, for taking on this issue. And I want to offer another perspective, why I am supporting this legislation. Over the years, from the sixties and the seventies and the eighties, communities of color were targeted with tobacco products. From Joe Camel to the Marlboro Man, we know that these tobacco products were pushed into communities of color and it had a disparate and deleterious impact on many of the individuals that I represent and my constituents. That's why I support this legislation. And we know that increased marketing by the tobacco industry of alterative products, such as small cigars, hookahs, and flavored e-cigarettes, has put millions of young people at risk of lifelong deadly nicotine addiction. There was a time and we did in this Body outlaw I think flavored -- flavored cigarettes - again, another product that the tobacco industry used to target certain communities. And as far as the age restrictions, we know that other activities have age restrictions. We know that under Illinois current law, it requires twenty-one years of age to buy alcohol, gamble in a casino, to obtain an Illinois concealed carry 35  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 license, in addition there are age restrictions, policies to rent cars and hotel rooms. So, again, I stand in strong support of this legislation. Thank you, Senator Mulroe.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator McConchie, for what purpose do you seek recognition? Sponsor indicates he'll yield. SENATOR McCONCHIE: Thank you, Senator Mulroe. Question, why did you -- why is it age twenty-one? If -- if this is so dangerous, why not another age? You know, there was a -- an issue just raised in regards to cars. I know, for example, in renting a car, you pay extra insurance unless -- if you're under age twenty-five. Why not -- why age twenty-one?

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Mulroe.

Well, I -- that's a good question. One of the Members of the Senate said they would vote for it if we prohibit it, you know, smoking all together, which may be a -- you know -- it's an argument. But prohibition probably will not work, so we picked an age that studies show that if someone doesn't start smoking till they're twenty-one, it's not likely they will start at all.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator McConchie. SENATOR McCONCHIE: To -- to the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) To the bill, Senator. SENATOR McCONCHIE: 36  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 As -- as someone who -- in this Chamber who joined the military on my birthday and the very first day I had the opportunity of doing that, stayed in the military for nine years, I firmly believe that we should be having a level playing field in regards to life or death decision-making. You know, here in this country, we allow people to join on their eighteenth birthday if they so choose, be put into harm's way, and potentially even, you know, die for their country, even within twelve months' time. You know, they can go through training, be deployed, and -- and pass away. My concern is that I believe that if we are going to be willing to allow for individuals to make life or death decisions in certain aspects of their life, I think that we should be able to really essentially do that across the board unless it creates an issue - for example, drinking, drinking and driving, some of these types of issues I think maybe there's a question along these lines. And my father-in-law smoked for nearly fifty years. He started when he was fourteen. He's still alive today. He actually did not really start to suffer consequences for that for at least thirty, thirty-five years. When we allow individuals to make life or death decisions on a much shorter time frame and then we say, okay, maybe you're going to suffer -- you know, maybe you're going to suffer from cigarette smoking, but it's going to be thirty, forty potential years down the road, I just -- this strikes me as an overreach by the State in regards to limitations on individual freedom and I would urge a No vote on this. Thank you.

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

Thank you, Mr. President. To the bill. 37  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016

PRESIDING OFFICER: (SENATOR MUÑOZ) To the bill, Senator.

So I rise in strong support. As a former smoker, I can tell you I started at sixteen. I quit the first time when I was probably thirty, I quit again when I was in my forties, and the last time I was in my fifties. I hope I'm done. But I can tell you, I lost two parents to smoking. My mother was sixty-two years old. She died from emphysema. The last words she said was "please, please, quit smoking" - those were her last words. They were to my sister, who, I'm sorry to say, still smokes. And I lost my father to smoking. He dragged around his oxygen for several years before he sucked wind and took his last breath. And I think perhaps it should be twenty-one before someone can choose to go fight for the country. Having said that, if we can stop -- we know the statistics. They say that if you don't start before you're twenty- one, you are not likely to start smoking. And here's one thing we absolutely know about smoking, we don't know this about going to war, we don't know it about drinking, but we know if you start smoking, you will die from smoking if something else doesn't take you sooner, period. You live long enough, past whatever it is you might die from unnaturally or naturally, you will die from smoking. Why do we want to allow our children, children sixteen, seventeen, eighteen, nineteen years old, to purchase cigarettes? And if we can stop just one hundred of them, these are a hundred kids I want to see alive. I want them to have a chance to grow and see grandchildren. My mother never saw that. So I'm going to urge an Aye vote and I hope that we have enough to pass this. It's an -- an important measure and sometimes you just do the right thing and 38  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 I really believe it's -- it's the right thing to do. And -- and I really want to thank the sponsor. It's not an easy bill, it really isn't - and you have many people who, you know, believe in -- that we're stepping on people's rights. You know, but that's what laws are. You know, we -- we do things to make sure that we're protecting public health, we're protecting individuals, and -- and we're helping. You know, there are a lot of things we don't let children do. Anyway, I urge an Aye vote. Thank you so much for all of your work on this bill. And -- and I hope I see thirty- six, 'cause I don't want to see anybody veto this. Thank you.

PRESIDING OFFICER: (SENATOR MUÑOZ) Before we move on, just been informed by the President of the Senate, we will put the timer on. There are so many speakers from both sides of the Chamber that want to speak, we want to keep it fair to everyone. Not only that, we have additional work to do on the Senate Floor and they will be having caucuses on both sides we've just been informed, so we've got a long way on the Floor. The timer is on now, please. Senator Bivins, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR MUÑOZ) Sponsor indicates he will yield.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Mulroe.

I'm not sure anyone would disagree with your statement, Senator Bivins. I think everyone knows that smoking is harmful and will kill you.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Bivins.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Mulroe.

I'm trying to focus on smoking cigarettes that we -- there's indisputable evidence that it will kill you, and before it kills you, it will harm a number of organs in your body.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Bivins.

PRESIDING OFFICER: (SENATOR MUÑOZ) To the bill, Senator.

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

To the bill, Mr. President.

PRESIDING OFFICER: (SENATOR MUÑOZ) To the bill, Senator.

I strongly support this initiative. I commend the sponsor for having enough courage to support this bill -- to sponsor this bill rather. As a youth, when I was sixteen -- fifteen or sixteen years old, I started smoking because it was the peer pressure that I was under. I wanted to look cool; I wanted to look hip, you know. And over the years, as I -- and my parents were -- were smokers themselves, and I remember I used to steal their cigarettes. When they turned their heads, I would take a cigarette out of their pack, and I'd hang out with my friends and we'd go out and smoke. But over the years, I acquired asthma and other respiratory illnesses, and over a number of years, I started educating myself and started reading more and learning more about the dangers of -- of -- of cigarette smoking. Senator Collins is correct, our community was targeted by the tobacco industry. And there were just so many other different things going on in our community, but individually I took personal responsibility that I needed to stop smoking and we need to start trying to save more lives. The financial impact that in the long run that we are paying is just astronomical - lung disease, all kinds of the respiratory diseases, COPD. You know, and I think that if we can 41  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 save one life, that's more than -- than -- than what we really had. So thank you very much.

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

PRESIDING OFFICER: (SENATOR MUÑOZ) Sponsor indicates he will yield.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Mulroe.

Yes. There's nothing in the bill that will prohibit that.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Oberweis.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Mulroe.

Actually, I'm -- I'm reading on page 49 of the bill. It -- it says that "no person under sixteen years of age may sell any 42  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 tobacco product". So, if you're sixteen or older, you're allowed to do it. And we also have that provision that possessing is not going to be penalized as well. So it won't prohibit youngsters from working and -- at grocery stores or convenience stores or -- or the like.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Oberweis.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Mulroe.

I believe -- that's only passed within the last two months, so I don't know if there's any data that exists to show one way or the other.

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

To the bill, Mr. President.

PRESIDING OFFICER: (SENATOR MUÑOZ) To the bill, Senator.

So I just took a rough survey, Mr. President. I just asked our Pages at the back of the room, who are young Pages, which way 43  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 I should vote on this bill, because I've been all over the place, and then as -- I was pleased that there was a unanimous "yes". So, where I've been all over this -- on this issue, hearing from the young people who have their lives ahead of 'em and knowing that the science -- there's no confusion about the science on this. This is the leading cause of cancer. And admittedly I've been -- again, I've been all over the place on this bill and sometimes personal experiences can impact your posture. There was some reference to why would you reduce penalties for minors in possession or, you know, minors using a fake ID. Much to my pleasure, on a bipartisan basis, we've been talking about criminal justice reform, not using our resources to unduly punish folks, and -- and -- and given that there's been a habit created by a -- a -- a tobacco industry, if we're going to take this step to take -- to change the age, which I -- I -- I now firmly believe that we should, we shouldn't concurrently be inconsistent what -- with what we've all embraced in terms of the spirit of criminal justice reform of criminalizing eighteen-, nineteen-, or twenty-year-olds for having a cigarette. It makes no sense. It -- it's inconsistent, as a Senator on the other side said, with what we've done with regards to moving the other way on -- on marijuana, when we know that not overnight -- when we do this -- if we do this, if we're successful, it's not going to be that overnight that eighteen-, nineteen-, twenty-year-olds are going to stop possessing or smoking or trying to illegally purchase cigarettes, but over time, it will be a deterrent. And if it's successful at being a deterrent -- and I am for protecting liberties, but above that, I'm for protecting lives, and the science, it -- it's clear on this. And if folks want to blame Senator Mulroe for… 44  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016

PRESIDING OFFICER: (SENATOR MUÑOZ) Time is almost up, Senator, if you can wrap it up.

I'm about to. I'm just going to take responsibility, Mr. President, 'cause folks have blamed -- blamed Senator Mulroe for amending the bill. They should really point the finger at me, because I was not going to support this bill if it was going to have the impact of criminalizing eighteen-, nineteen- and twenty- year-olds. So I urge an Aye vote on this to save lives.

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

Thank you, Mr. President. To the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) To the bill, Senator.

Last year, at the request of some young teenagers in my district, I sponsored and carried a bill here that did have some prohibitions on possession of and use of e-cigarettes. This Body passed that bill unanimously. Today we are looking at a bill that will reverse that. I just want everyone to remember that a year ago we had a little different attitude and we passed a bill that was signed into law. I am going to vote Yes on this bill, reluctantly, because it does have this provision in it. I think it's very important that we stop smoking at the earliest possible age. My father died when he was fifty-six. Lung cancer is a terrible death. I'll do whatever I can to prevent someone else from going from that. But I think we should all pause and remember that last year we thought it was okay to have that penalty for 45  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 possession. Thank you.

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

Thank you, Mr. President. To the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) To the bill, Senator.

So I rise too in strong support of this bill and I want to share that, up until October, I ran the alcohol and tobacco program -- prevention program for the State of Illinois. And one of those components, I wrote the FDA grant, the most recent FDA grant that we have, that allows us to conduct Synar inspections, and every state is required to participate in the Synar program. And just so everyone knows, if we do not meet our Synar requirements, forty percent of block grant money has to be diverted to prevention, to tobacco prevention. Let me repeat that. Forty percent of all block grant money has to be diverted to prevention. The last time I did the numbers, we were at eighteen and nineteen percent, trending the wrong way. So there is no question about the need, that this bill will help those Synar numbers and help us reduce tobacco use. I want to focus real quickly on the e-cigarette portion. E-cigarettes, without question, were manufactured, developed by big tobacco corporations. There is no question they were not developed for safety, but for profitability. The health warning on an e-cigarette has a hundred and sixteen words, much more than a typical pack of cigarettes contains. They are -- marketed to youth. They are alluring and enticing, and there is no question that that is who the market is for. And what I used 46  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 to tell kids when I would give school presentations is, if it's a word this long and you cannot pronounce it, it has no business being in your lungs and that's what this atomizer does. And that atomizer heats up to three hundred and ninety-two degrees - anything can be smoked in that atomizer. So, those are the facts on e-cigarettes as well and I would urge an Aye vote. Thank you.

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

To the bill, Mr. President.

PRESIDING OFFICER: (SENATOR MUÑOZ) To the bill, Senator.

Thank you, Mr. President. I -- we've had a lot of debate; I'll -- I'll be -- I'll be quick, but I -- I did want to rise really on behalf of my father and speak to this bill. My father began smoking before the age of twenty-one and spent most of his twenties trying to quit and was unable to do so. He was then successful in his thirties in quitting and is fortunate to be alive and healthy today. But you know what, even today, pretty close to forty years after he stopped smoking, his lung capacity is significantly impacted and his other -- other aspects of his health continue to be in real ways impacted, his -- of course -- of course, his lungs, but also his cardiovascular system. And, to me, this -- this bill is just a -- a -- a sound opportunity to take advantage of what we know not only about the effects of smoking, but about our behavioral research and our understanding about the capacity of people between the ages of twenty -- eighteen and twenty-one to make the kind of long-term life and death 47  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 decisions that this bill is all about. There's been a lot of talk about ways in which it's imperfect. There's been talk about some details about it that could be better. Like every bill we ever pass, this one could be better, but the overarching question is pretty obvious and the overarching point I think is really important: This is a bill that will help save lives. And I urge an Aye vote.

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

To the bill, Mr. President.

PRESIDING OFFICER: (SENATOR MUÑOZ) To the bill, Senator.

I've been around for quite a while in this Chamber, but I got to tell you one thing: I did one piece of legislation that I will go to my grave saying it was the best piece of legislation I could ever have passed in this Chamber. My cosponsor was then Senator Cullerton. We passed Smoke Free Illinois. And I got to tell you: I had the privilege of having my picture in almost every bar in the State of Illinois - with a nice red line right through it. Those same bars are coming to me today and saying "thank you". Everything -- I've had one of my Members come to me and say something - that his biggest regret was not voting for that bill. The reason I emphasize that is to -- what we wanted to do was get less people smoking. The signing of that bill, I took my grandson, who was nine months old at that time, and I held him up when we signed that bill and said he would never have to live through the thing -- in the era that I had to live through where smoking was 48  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 prevailing everywhere you went. I thank God I never smoked. This is one piece of legislation that's going to continue and help this. Yes, we're not going to send them to prison if they buy cigarettes at eighteen years old or sneak it from somebody else, but we're going to try to stop them and educate 'em that it's twenty-one years old. And if we stop a half a dozen people from smoking, we did our job. We can all talk about knowing people that have passed away - emphysema and you name any other kind of disease, heart attacks. I had a father that smoked two and a half cartons of cigarettes a week. He died at sixty-six of a heart attack - it was attributed to that. The point is, is what we're trying to do here is curtail smoking in the State of Illinois. Everybody says, well, the border states are our problem. Guess what? State of Wisconsin, State of Indiana, all of them have gone smoke-free. They're doing it. Guess what? They'll follow our lead and go to twenty-one after this bill's passed today. I like being first on something in this State and this is a first in this. I think we should take this with pride. And the -- one previous speaker said they want thirty-six votes on it; I want fifty nine votes on it. I want to send a message that we do not want smoking in the State of Illinois. Thank you.

PRESIDING OFFICER: (SENATOR MUÑOZ) We just had an additional light turn on. Before President Cullerton, Senator Anderson, did you want to speak to the bill?

PRESIDING OFFICER: (SENATOR MUÑOZ) President Cullerton, for what purpose do you seek recognition?

Yes, to the bill. Thank you, Mr.…

PRESIDING OFFICER: (SENATOR MUÑOZ) To the bill, President.

I rise in support of the bill. We like to vote on bills here that save money. We like to vote on bills here that improve lives. We rarely get a chance to do that -- both of those things in the same bill. The most powerful thing we can do down here is to press a green button and know that we're going to save a whole bunch of 50  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 lives and I would urge you to do that right now. Thank you.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Mulroe, do you wish to close? Please proceed.

Briefly. The military, you know, that -- that's sensitive to all of us and we hold them in the highest regard and the highest esteem, but we also want to protect them. So I don't know that it makes any sense that we want to introduce harmful products to them. And don't take my word for it - and I -- Senator McConchie, I see you laughing there a little, grinning a little bit - the military, they have an -- a new program, Operation Live Well. The Department of Defense and the -- Army Surgeon General, by 2020, want to make smoke-free. That said, though, if you're fighting in a war in another country, I'm all in favor of doing whatever you got to do to survive the ravages of war, but when you come home to Illinois, I want to protect you and I'm going to do the best I can to make you have a healthy life. This is an opportunity that we have that you can go home and save lives. These are children that are starting to smoke at fourteen or fifteen. They grow into adults. They're not able to raise their children anymore because they die or they suffer the ill effects of smoking. There's -- as I said before, it's indisputable evidence this is harmful to you and we're -- I -- I think this is a one -- the one chance or one -- an opportunity we have to make our public more safe, more healthy, to save lives, and as I said before and the Senate President said it, we can save people money and save our State money. Unfortunately, we as a State are paying close to two billion dollars, two billion dollars - that's a substantial amount of money that we need right now. We're short. We could use that money to provide for social 51  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 service programs and higher education. So I'd ask you kindly to support the bill, vote Yes. And I just want to close by saying it's never wrong to do the right thing. This is the right thing. I'd as for your Yes votes.

PRESIDING OFFICER: (SENATOR MUÑOZ) The question is, shall Senate Bill 3011 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 25 voting Aye, 23 voting Nay, 3 voting Present. Senate Bill 3011, failed to receive the required constitutional majority, is declared failed. Senator Mulroe.

Thank you, Mr. President. If I could put this on Postponed Consideration, please?

PRESIDING OFFICER: (SENATOR MUÑOZ) Mr. Secretary, please place Senate Bill 3011 on Postponed Consideration. Mr. Secretary, Introduction of Senate Bills.

PRESIDING OFFICER: (SENATOR MUÑOZ) Mr. Secretary, Messages from the House.

PRESIDING OFFICER: (SENATOR MUÑOZ) Mr. Secretary, Appointment Messages.

PRESIDING OFFICER: (SENATOR MUÑOZ) We will continue on page 7 of the Calendar, 3rd Readings. Senate Bill 516. Senator Clayborne indicates he wishes to proceed. Senator Clayborne seeks leave of the Body to return Senate Bill 516 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 516. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Clayborne, on Floor Amendment 2.

Thank you. I would like to explain Amendment No. 2 on 3rd Reading.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) 3rd Reading. On the Order of 3rd Reading, Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Clayborne.

Thank you, Mr. President, Members of the Senate. I have a school district that's, I believe, one of two in the State that receives federal aid -- Impact Aid because of -- because of the proximity to a military installation, and the challenge is that they have to have a levy of at least ninety-five percent and it's very difficult to do when you have to anticipate this levy three years out and property values continue to decline. We're talking about in excess of a -- a million dollars of aid that they 55  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 potentially would lose. So we're trying to come up with a solution to allow them to be able to levy in anticipation of what the need would be three years out and they're not allowed to levy in excess of the -- projected amount. So, again, this is trying to solve a problem. There's no clear indication -- we would like to pass this out with the ability to continue to address these issues over in the House. I would ask for your favorable vote.

PRESIDING OFFICER: (SENATOR MUÑOZ) Any discussion? Is there any discussion? Senator Althoff, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR MUÑOZ) Sponsor indicates he will yield.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Clayborne.

My understanding, through the levy process and a public hearing that they would have as it relates to letting people know that they're going to increase their levy to try to meet this ninety-five percent.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Althoff. 56  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Clayborne.

Well, I won't say that, but I -- I think they're just like us. They're subject to being reelected as it -- and being held accountable for their actions as it relates to funding of the school district.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Althoff.

PRESIDING OFFICER: (SENATOR MUÑOZ) To the bill, Senator.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Clayborne, to close.

Thank you. We're only talking about two school districts in this State that's affected by this. One has a little more predictability. This school district doesn't have that predictability. They have to respond. They have to be able to provide -- levy ninety-five percent of their -- increase their levy to ninety-five percent of the rate in order to receive this federal Impact Aid because they're in proximity to a military facility. So I would ask for your favorable vote in order to -- for them to continue to meet these federal -- this federal mandate in order to receive the federal Impact Aid. Thank you.

PRESIDING OFFICER: (SENATOR MUÑOZ) The question is, shall Senate Bill 516 pass. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 36 voting Aye, 16 voting Nay, 0 voting Present. Senate Bill 516, having received the required constitutional majority, is declared passed. Senate Bill 1059. Senator Rose. Indicates he wishes to proceed. Mr. Secretary, read the bill. Oh! Wait. No. Correction. Senator Rose seeks leave of the Body to return Senate Bill 1059 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd 58  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 Reading is Senate Bill 1059. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Rose, on your amendment.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) 3rd Reading. On the Order of 3rd Reading, Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Rose.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Any discussion? There being none, the question is, shall Senate Bill 1059 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 1059, having received the required constitutional majority, is declared passed. Senate Bill 2202. Senator Althoff. Indicates she wishes to proceed. Mr. Secretary, read the bill. Correction, there was a recall. Senator Althoff seeks leave of the Body to return Senate Bill 2202 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 2202. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Althoff, on Floor Amendment 2.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) 3rd Reading. On the Order of 3rd Reading, Mr. Secretary, 60  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 read the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Althoff.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Any discussion? The question is, shall Senate Bill 2202 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, 1 voting Nay, 0 voting Present. Senate Bill 2202, having received the required constitutional majority, is declared passed. Senate Bill 2417. Senator, do you wish to proceed? Out of the record. Senate Bill 2596. Senator Link. Indicates he wishes to proceed. Senator 61  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 Link seeks leave of the Body to return Senate Bill 2417 to the Order of 2nd Reading -- 2596 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 2596. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Link, on Floor Amendment 1.

Thank you, Mr. President. The amendment is technical in nature. Be more than happy to speak on it on 3rd Reading. I seek its adoption.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) 3rd Reading. On the Order of 3rd Reading, Senate Bill 2596. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Link.

62  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 Thank you, Mr. President. This amends the State Employee {sic} (Employees) Group Insurance Act to provide coverage for physical therapy for MS patients shall match the Illinois Essential Health Benefit {sic} (Benefits) plan. Be more than happy to answer any questions.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Being none, the question is, shall Senate Bill 2596 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 59 voting Aye -- 52 voting Aye, 0 voting Nay, 1 voting Present. Senate Bill 2596, having received the required constitutional majority, is declared passed. Senator Van Pelt, for what purpose do you seek recognition?

A point of personal privilege, Mr. President.

PRESIDING OFFICER: (SENATOR MUÑOZ) Please proceed, Senator.

I would like my peers today to help me welcome Reverend Walter Jones from Fathers Who Care, all the way from the west side of Chicago. I would like you all to welcome him here today.

PRESIDING OFFICER: (SENATOR MUÑOZ) Hi, Reverend. Welcome to the Senate. Senate Bill 2896. Senator Althoff. Indicates she wishes to proceed. Senator Althoff seeks leave of the Body to return Senate Bill 2896 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 2896. Mr. Secretary, are there any Floor amendments approved for consideration? 63  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Althoff, on the Amendment 2.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? There being none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) 3rd Reading. On the Order of 3rd Reading, Senate Bill 2896. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Althoff.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? There being none, the question is, shall Senate Bill 2896 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 2896, having received the required constitutional majority, is declared passed. Senator Althoff, 2899. Senator Althoff seeks leave of the Body to return Senate Bill 2899 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading, Senate Bill 2899. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Althoff, on Floor Amendment 1.

PRESIDING OFFICER: (SENATOR MUÑOZ) Any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration? 65  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016

PRESIDING OFFICER: (SENATOR MUÑOZ) 3rd Reading. On the Order of 3rd Reading, Senate Bill 2899. Mr. Secretary, read the…

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Althoff.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Senator Martinez, for what purpose 66  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 do you seek recognition?

Thank you, Mr. President. To the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) …bill, Senator.

I just want to say -- I want to commend Senator Althoff. She's been working so hard. We've been part of this process for a few years now, trying to get the ophthalmologists and the optometrists to work together. I do agree with her on this bill and sending it over to the House. They have made a commitment, when the bill left, you know, the committee, that if nothing is being able -- able to work out in the House, it will go nowhere. So I am hoping that the -- the conversations continue in the House and that we get a good bill that everybody can agree to and hopefully we can get this passed. I do encourage an Aye vote.

PRESIDING OFFICER: (SENATOR MUÑOZ) The question is, shall Senate Bill 2899 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 2899, having received the required constitutional majority, is declared passed. Senate Bill 2555. Senator Barickman. Indicates -- 2955. Senator Barickman seeks leave of the Body to return Senate Bill 2955 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 2955. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Barickman, on your Floor Amendment 2.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) 3rd Reading. On the Order of 3rd Reading, Senate Bill 2955. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Barickman.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? There being none, the question is, shall Senate Bill 2955 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, 52 voting Aye, 1 voting Nay, 1 voting Present. Senate Bill 2955, having received the required constitutional majority, is declared passed. Senate Bill 2961. Senator Weaver. Senator Weaver -- no? Not a recall. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Weaver.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? There being none, the question is, shall Senate Bill 2961 pass. All those in favor will vote Aye. 69  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 2961, having received the required constitutional majority, is declared passed. Senate Bill 3020. Senator Sandoval. Senator Sandoval seeks leave of the Body to return Senate Bill 3020 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 3020. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Sandoval, Floor Amendment 2.

Thank you, Mr. President. I'd like to adopt the amendment and speak to the bill on 3rd Reading.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) 3rd Reading. On the Order of 3rd Reading, Senate Bill 3020. Mr. Secretary, please read the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Sandoval.

Thank you, Mr. President. Senate Bill 3020 is an IDOT bill. This has been crafted in a bipartisan fashion. I want to thank Leader -- Leader Karen -- Leader McConnaughay for helping me bring parties together and to -- working with industry to bring about this innovative and -- way of doing road building that brings us up to snuff with the rest of the country. There are no opponents and I'd ask a favorable vote.

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? There being none, the question is, shall Senate Bill 3020 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 53 voting Aye, 0 voting Nay, 1 voting Present. Senate Bill 3020, having received the required constitutional majority, is declared passed. Senate Bill 3080. Senator Trotter. Senator Trotter seeks leave of the Body to return Senate Bill 3080 to the Order of 2nd Reading. Leave is granted. On the Order of 2nd Reading is Senate Bill 3080. Mr. Secretary, are there any Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Trotter, on your Floor Amendment 1.

Thank you very much, Mr. President and Members of the Senate. 71  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 Can we adopt the amendment and I will explain it on 3rd Reading?

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration?

PRESIDING OFFICER: (SENATOR MUÑOZ) 3rd Reading. On the Order of 3rd Reading, Senate Bill 3080. Mr. Secretary, read the bill.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Trotter.

Thank you very much, Mr. President, Members of the Senate. This is language that -- agreed language to a bill by the Illinois Association of Medicaid Health Plans, Illinois Hospital Association, and HFS. What it does specifically is that it requires MCOs to confirm receipt of information regarding physician additions or deletions from networks within three days. It requires electronic physician directories to be updated consistent with federal CMS rules and restricts denial of coverage or payment for a medically necessary covered service. And also and additionally, it requires HFS to publish MCO performance metrics quarterly and be accessible to providers online by January 1st, 2016 {sic} (2017). 72  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016

PRESIDING OFFICER: (SENATOR MUÑOZ) Is there any discussion? Senator Righter, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR MUÑOZ) Sponsor indicate {sic} he will yield.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Trotter.

Yes. It -- it's just more -- it -- it promulgates present rules that we have. Just makes it a little more clear what the original intent was. A part of the agreement in the legislation also says, on -- on those issues that the Department along with the MCOs and the -- HFS have not agreed upon, that they will address during the joint administrative rules process.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Righter.

PRESIDING OFFICER: (SENATOR MUÑOZ) Senator Trotter.

Yes, but -- but -- but, to answer your question, not in a convoluted way, but that is what we need, but not necessarily waiting for two years, but have, as some of the metrics here that -- that they're determining, have -- those reports have to come out quarterly. So, yes, we -- certainly we know as we try to realize how are we going to get Illinois back on track, we have to make these structural changes in how we do business as well, but at the same time in this focus, we want to manage health care and not just the dollars and I think this legislation allows that to happen.

PRESIDING OFFICER: (SENATOR MUÑOZ) No other discussion. Do you wish to close?

Thank you very much, Mr. President. This again, it has -- it has been explained. It's something necessary that we need to do as we continue to move forward. So not only do we slash and burn what we have, but we certainly make what we have put in place work 74  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 a little more effectively. This legislation would do that and I ask for an Aye vote.

PRESIDING OFFICER: (SENATOR MUÑOZ) The question is, shall Senate Bill 3080 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 55 voting Aye, 0 voting Nay, 0 voting Present. Senate Bill 3080, having received the required constitutional majority, is declared passed. Senator Althoff, for what purpose do you seek recognition?

PRESIDING OFFICER: (SENATOR MUÑOZ) That's always in order. Thirty-minute request for a Republican Caucus immediately. Senator Hastings. Senator Althoff moves the Senate recess for the purpose of Senate Republican Caucus, lasting thirty minutes. Seeing no objection, the motion is granted. Senate stands in recess to the call of the Chair. Senate will come to order. Committee on Assignments will meet immediately in the President's Anteroom. (at ease)

PRESIDING OFFICER: (SENATOR CLAYBORNE) Senator Clayborne in the Chair. The Senate will come to order. Mr. Secretary, Reports.

PRESIDING OFFICER: (SENATOR CLAYBORNE) The Senate will stand at ease to the call of the Chair -- I mean stand in recess to the call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)

PRESIDING OFFICER: (SENATOR LINK) Will all Members at the sound of my voice come to the Senate Floor immediately to proceed with 3rd Reading? All Members at the sound of my voice, please come to the Floor for 3rd Reading final action. Supplemental Calendar No. 3 has been distributed to all Members. On Calendar No. -- No. 3 is Senate Bill 2038. President Cullerton's bill. Senator Steans will be presenting. Mr. Secretary, the motion -- please read the motion on Senate Bill 2038.

PRESIDING OFFICER: (SENATOR LINK) Senator Steans, on the motion.

Thank you, yes. We -- I would urge a Yes vote on this Motion to Concur. We had, as you may recall here, sent to the House a bill to appropriate dollars for Human Service agencies. They have 76  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 made some additions using other State funds that have typically been appropriated for these Human Service items and I would move that we go along and concur with this -- what the House has done on here. It appropriates a total of four hundred and fifty-seven million out of the Commitment to Human Services Fund and another two hundred and fifty-seven million from other -- other State funds. And again, there had been some items where the Governor's Office had not wanted us to use certain funds. Those are not being used. We were trying to maintain within those parameters and I really had appreciated the work that we had done here in the Senate on a bipartisan fashion to send the bill over to the House and my understanding is that they had also been working with their Republican colleagues in the House and there was a very strong bipartisan vote on it that sent it back here. So I would urge concurrence on this and really appreciate the Body's ability to work together on this.

PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Senator Matt Murphy, for what -- for what purpose do you rise?

To the motion, Mr. President.

PRESIDING OFFICER: (SENATOR LINK) To the motion.

The -- Senator, I appreciate the work that we did, especially on the front end on sending the bill that went over. There's about two hundred and sixty-four million added in. In all candor, you got a decent amount of pork in there. What's not in there, unfortunately, are assistance for operations. When this bill went 77  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 out of the Senate the first time, Leader Radogno, who is not here today, made a very specific point about operations funding and she said operations fundings {sic} means that "while we're funding mental health and (some) other programs, the mental health facilities need money to feed the people that they're serving, they need maintenance, they need utilities. Those things are a real issue. Similarly, prisons. Many of you have prisons in your district. Again, we have to get those food trucks in there. They need to eat, they need utilities, and they are truly at risk unless we include the operations." So we found two hundred and sixty- four -- or, excuse me, the House found two hundred and sixty-four million dollars of additional money, some of it going to pork, but none of it going to those essential operations. There's a lot of good -- there's a lot of good spending in here. We have the money to make these payments, but my suggestion to the Governor would be to line item out the pork to save that money for legitimate operations, but let the legitimate spending in this bill go forward. So I encourage an Aye vote, but this is not a complete project. This is not the best we could have done here. And you know those mental health centers and those prisons, those aren't just Republican mental health centers or Republican prisons. Those are the whole State's mental health centers and prisons and they -- we all need them to be able to operate. So I hope in the spirit of cooperation that's been going on this week on a specific ongoing basis, when we get back next week, as leaders here in the Senate, we can come together and have a serious conversation about giving some operational relief so the State can function to the best it can. I urge a Yes motion -- or a Yes vote on this motion, but I sincerely hope that the Governor can make this a better product. 78  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016

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

PRESIDING OFFICER: (SENATOR LINK) To the bill.

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

PRESIDING OFFICER: (SENATOR LINK) 79  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 To the motion.

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

PRESIDING OFFICER: (SENATOR LINK) Indicates he will -- she will.

PRESIDING OFFICER: (SENATOR LINK) Senator Steans.

So the intent of the language, my understanding, is that this is to fund the Human Services contracts and all those things out there that don't have appropriation authority. It's not intended for the -- for the specific items that are all outlined in here. It's not intended for it to be able to get used by State operational needs, like -- that -- and that's what the intent of that language is, so not to be playing {sic} State employees or to be -- manage the everyday operations of State agencies. This is meant to go out to the -- provide the services that haven't been getting funded and to cover those many -- as we all have been hearing from our social service agencies across the State that -- who are not getting paid because they don't have the appropriation authority to get paid. This is the appropriation authority to get them paid.

PRESIDING OFFICER: (SENATOR LINK) Senator Righter.

PRESIDING OFFICER: (SENATOR LINK) Senator Steans.

So, first of all, I think you stated that very well in terms of what the intent of this language is. It's absolutely to say that if there's operational stuff that's getting sent out there by -- by social service agencies that have contracts, that this is covering whatever is in those -- those contracts, including any operational needs - travel or whatnot - that those agencies are incurring to support the contracts. That is absolutely the intent. We think that -- we've only had a chance to quickly take a look at that language. We think that this still covers it and is able to make all those payments. If we find down the road there is some problem, we're happy to do a trailer bill to address it, but we don't think there are. We think that it is simply to say State operational -- the -- intent of that language is just State operational expenses that are being incurred, this is not what this appropriation authority's intended to cover.

PRESIDING OFFICER: (SENATOR LINK) Senator Righter.

PRESIDING OFFICER: (SENATOR LINK) To the motion. 82  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016

PRESIDING OFFICER: (SENATOR LINK) Senator Steans, to close.

Great. And I -- I very much appreciate the concerns and the discussion that we've had here on this bill on the Floor and if there are any operational problems that we -- do occur -- find we run into, we will definitely do a trailer bill on that. We think we're covered, but if not, we -- we do want to address it. We all know that we've been decimating Human Service agencies across the State. They have not been able to get paid in many, many cases from under many, many contracts. This clearly is only a stopgap measure. It does about forty-six percent of the contracts as to what they are supposed to be getting. It is certainly my hope and intent, as others have stated today, that this is not the end to our fiscal year '16 budget, the current year budget. We all know that we need a complete budget and I'm certainly hoping that we get there and that this is just a stopgap measure to start getting 83  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 some money out to these agencies out the door. The only thing I would like to -- to -- to say that I'm not -- don't agree with what's been said is that there's a lot of pork in this bill. You know, I -- I look at what we're actually funding in this bill. In Department of Human Services, it's programs like autism, homelessness assistance and prevention, immigration services, after-school programs, Redeploy Illinois. It's funding things like, in Healthcare and Family Services, getting the State of Michigan's Medicaid IT infrastructure paid that helps support our Medicaid programs. Department of Public Health, it's funding AIDS/HIV, Poison Control Center, prostate cancer research, Criminal Justice Information Authority - here, we're funding Redeploy, diversion programs; YouthBuild programs, which is a national organization that provides employment for youth; a methamphetamine pilot program that helps make sure we're dealing with a strong issue of meth abuse. Department of Revenue housing program to get affordable housing out the door. I mean -- Department of Military Affairs, for Lincoln's ChalleNGe. I don't think this is pork and I just have to say I think these are incredibly valuable, worthwhile programs that are funded in here that we all think are critical to making sure that we are providing for the neediest folks in the State. Very much urge your Aye vote and, again, agree that this is not a complete budget yet and we still need to be working together to get us to a complete budget for fiscal year '16. Thank you.

PRESIDING OFFICER: (SENATOR LINK) The question is, shall the Senate concur with House Amendment 2 to Senate Bill 2038. All those in favor, vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted 84  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 who wish? Have all voted who wish? Take the record. On that question, there are 56 Ayes, no Nays, none voting Present. Having received the required constitutional majority, the Senate does concur on House Amendment 2 to Senate Bill 2038. The bill is declared passed. Senator Rose, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR LINK) State your point.

PRESIDING OFFICER: (SENATOR LINK) Good luck in your new endeavor. Senator Hastings, for what purpose do you rise?

Thank you, Mr. President. Point of announcement.

PRESIDING OFFICER: (SENATOR LINK) …your announcement.

85  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 I just -- in the spirit of bipartisanship and -- and after the last bill in which we passed, I just want to tell everybody that I don't resemble the last coach of the softball team, as I have a full head of hair. I'm not as inspiring maybe as Dan, but I'm a little bit more militant and that's why I think our structured approach to our softball game next week will lead us to victory and I just wanted to make the announcement that Tuesday, May 17th, from 3 until 6, we have jersey pickup in my office and 6:30 to 7:30 is softball practice at Lincoln Park, and then Wednesday - Wednesday, the 18th of May - we will defeat the House of Representatives in our annual game of softball. If you can't play, we'd still love to have you there. This is a charity game. So those of you who are concerned about optics, this is for charity and we'd love to have everyone participate. Thank you very much, Mr. President.

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

Point of personal privilege, Mr. President.

PRESIDING OFFICER: (SENATOR LINK) State your point.

I -- I only hope for the sake of this whole Chamber that the new coach can hit better than two hundred, which was about the lifetime average of the old coach. Senator Hastings, you got a real low bar. All you got to do is hit about two fifty. Let's get above the Mendoza line, where Kotowski lived his whole life. Go Senate!

PRESIDING OFFICER: (SENATOR LINK) 86  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 To fulfill our responsibilities under Article V, Section 9 of the Constitution, we will now proceed to the Order of Advise and Consent. Senator Muñoz. SENATOR MUÑOZ: Mr. President, I move that the Senate resolve itself into Executive Session for the purpose of acting on the appointment set forth in Appointment Message 990477.

PRESIDING OFFICER: (SENATOR LINK) Senator Muñoz moves the Senate resolve itself into Executive Session for the purpose of acting on Appointment Message just read. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the motion carries. The Senate is resolved into Executive Session. Mr. Secretary, are there any Motions in Writing?

PRESIDING OFFICER: (SENATOR LINK) Mr. Secretary, print the motion on the Calendar. Mr. Secretary, Appointment Message 990477.

PRESIDING OFFICER: (SENATOR LINK) Senator Muñoz. SENATOR MUÑOZ: Mr. President, I move that the Senate advise and consent to the appointment -- to the nomination. 87  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016

PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, does the Senate advise and consent to the nomination just made. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 46 Ayes, 1 Nay, nobody voting Present. A majority of Senators elected concurring by a record vote, the Senate does advise and consent to the nomination. Senator Muñoz. SENATOR MUÑOZ: Thank you, Mr. President, Ladies and Gentlemen of the Senate. I move that the Senate arise from Executive Session.

PRESIDING OFFICER: (SENATOR LINK) Senator Muñoz moves the Senate to arise from Executive Session. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the motion carries. The Senate has arisen from the -- from Executive Session. Senator Nybo, for what purpose do you rise?

PRESIDING OFFICER: (SENATOR LINK) State your point.

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

PRESIDING OFFICER: (SENATOR LINK) Is there any discussion? Seeing none, the question is, shall the resolutions on the Consent Calendar be adopted. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the motion carries. Resolutions are adopted. Mr. Secretary, Messages from the House.

PRESIDING OFFICER: (SENATOR LINK) On the Order of Resolution is House Joint Resolution 151. 89  STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 113th Legislative Day 5/12/2016 Mr. Secretary, read the resolution.

PRESIDING OFFICER: (SENATOR LINK) Senator Lightford moves to suspend the rules for the purposes of immediate consideration and adoption of House Joint Resolution 151. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the rules are suspended. Senator Lightford moves that -- for the adoption of House Joint Resolution 151. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. There being no further business to come before the Senate, the -- pursuant to the House Joint Resolution 151, the Senate stands adjourned until 12 noon on the 17th day of May 2016, or of the call of the Senate President. The Senate stands adjourned. 90