PRESIDING OFFICER: (SENATOR HARMON) 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 Doug Rudow of the Spirit of Life Church in Decatur, Illinois. Pastor.
(Prayer by Pastor Doug Rudow)
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Pastor. Please remain standing for the Pledge of Allegiance. Senator Cunningham, would you please lead us?
(Pledge of Allegiance, led by Senator Cunningham)
PRESIDING OFFICER: (SENATOR HARMON) We have requests for permission to videotape from Blueroomstream.com and WICS, as well as permission to take still photographs from Reboot Illinois. Is there any objection? Seeing no objection, permission is granted. Mr. Secretary, Reading and Approval of the Journals.
Senate Journal of Tuesday, May 24th, 2016.
PRESIDING OFFICER: (SENATOR HARMON) 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 HARMON) Senator Hunter moves to postpone the reading and approval of 1 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 the Journal, pending arrival of the printed transcripts. There being no objection, so ordered. Mr. Secretary, Resolutions.
Senate Resolution 1925, offered by Senator Forby. It is substantive, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Mr. Secretary, Committee Reports.
Senator Mulroe, Chairperson of the Committee on Public Health, reports Senate Amendment 2 to House Bill 6123 Recommend Do Adopt. Senator Raoul, Chairperson of the Committee on Judiciary, reports Senate Amendment 2 to Senate Bill 553 Recommend Do Adopt; House Bill 114 Do Pass; House Bill 5945 Do Pass, as Amended; House Joint Resolution 124 Be Adopted, as Amended; Senate Amendment 2 to House Bill 4658, Senate Amendment 1 to House Bill 5539, and Senate Amendment 3 to House Bill 5902 Recommend Do Adopt. Senator Biss, Chairperson of the Committee on Human Services, reports Senate Resolutions 1752 and 1916 Be Adopted; House Bills 581, 5764, and 5931 Do Pass; Senate Amendment 1 to House Bill 4678 and Senate Amendment 2 to House Bill 6213 Recommend Do Adopt. Senator Sandoval, Chairperson of the Committee on Transportation, reports Senate Bill 2520 Do Pass, as Amended; House Bill 750 Do Pass; House Joint Resolutions 102, 116, 117, 120, 121, and 136 Be Adopted; and Senate Amendment 2 to House Bill 4377 Recommend Do Adopt. Senator Noland, Chairperson of the Committee on Criminal Law, reports Senate Amendment 1 to Senate Bill 1047 Recommend Do Adopt; House Bill 5472 Do Pass, as Amended; Senate Amendment 1 to House 2 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 Bill 4683 Recommend Do Adopt. Senator Jones, Chairperson of the Committee on Local Government, reports Senate Amendment 2 to Senate Bill 3025, Senate Amendment 3 to House Bill 229, Senate Amendment 1 to House Bill 4603, and Senate Amendment 2 to House Bill 4630 Recommend Do Adopt. Senator Hunter, Chairperson of the Committee on Energy and Public Utilities, reports Senate Amendment 1 to House Bill 5711 Recommend Do Adopt. Senator Koehler, Chairperson of the Committee on Environment and Conservation, reports Senate Amendment 2 to Senate Bill 550 Recommend Do Adopt.
PRESIDING OFFICER: (SENATOR HARMON) Mr. Secretary, Messages from the House.
A Message from the House by Mr. Mapes, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 140. Together with the following amendments which are attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendments 1 and 2 to Senate Bill 140. We have received like Messages on Senate Bill 320, with House Amendment 1; Senate Bill 462, with House Amendments 1 and 2; Senate Bill 2155, with House Amendment 1; and Senate Bill 2393, with House Amendment 1. Passed the House, as amended, May 24th, 2016. Timothy D. Mapes, Clerk of the House. Message from the House by Mr. Mapes, Clerk. 3 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 Mr. President - I am directed to inform the Senate that the House of Representatives has passed a bill of the following title, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 6162. Passed the House, May 24th, 2016. Timothy D. Mapes, Clerk of the House. Message from the House by Mr. Mapes, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has adopted the following joint resolution, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Joint Resolution 145. Offered by Senator Harris, and adopted by the House, May 25th, 2016. We have received a like Message on House Joint Resolution 147, offered by Senator Brady, and adopted by the House, May 25th 2016. Timothy D. Mapes, Clerk of the House. They are both substantive, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Mr. Secretary, House Bills 1st Reading.
House Bill 6162, offered by Senator Collins. (Secretary reads title of bill) 1st Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Collins, for what purpose do you rise?
Thank you, Mr. President and Ladies and -- for a point of 4 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 personal privilege.
PRESIDING OFFICER: (SENATOR HARMON) Please state your point, Senator.
Thank you. Ladies and Gentlemen of the Senate, I am honored today to have guests from my district. The visitors in the President's Gallery with the orange shirts are eighth graders from St. Sabina Academy - eighth graders. They are joined today by their teachers, Sylvester Johnson, Cheryl Nalls, Shunion Shine, and parents, Oni Booker -- Oni Booker and Diana Flowers. Would you please give them a well received and warm welcome to the Illinois General Assembly? Please stand.
PRESIDING OFFICER: (SENATOR HARMON) Let's please stand. And let's give our guests as enthusiastic a welcome as they did on the Pledge of Allegiance. Thanks for being here St. Sabina's. Ladies and Gentlemen of the Senate, if you would all be at your desks, we are turning soon to final action in the Senate. If all Members would be at their desks. I would also advise Members that the time for 2nd Readings is drawing to a close late in the Session. If you still have measures on 2nd Reading, I would advise you to be at your desks on the Senate Floor when we turn to 2nd Readings so that you might advance your measures. Senator Laura Murphy, for what purpose do you rise?
Mr. President, for a point of clarification, I guess. So on…
PRESIDING OFFICER: (SENATOR HARMON) Please state your point, Senator.
…April 21st, on House -- Senate Bill 212, I inadvertently 5 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 vote -- my button went red when I had intended it to be green. So I would like the record to reflect that, Senate Bill 212, I -- my intention was to vote Yes.
PRESIDING OFFICER: (SENATOR HARMON) Record will so reflect your intention to have voted Aye. Ladies and Gentlemen of the Senate, we're going to turn to page 25 on your printed Calendars on the Order of House Bills 2nd Reading. We're going to work through this Calendar. Again, I would remind Members that we are rapidly approaching the last round through 2nd Readings of House bills. If Members wish to advance their bills to 3rd Reading, please be at your desks. We'll start at the top of the page with House Bill 1380. Senator Manar. Senator Manar. House Bill 3760. Senator Biss. Senator Biss. House Bill 4036. Senator Hutchinson. House Bill 4257. Senator Holmes. House Bill 4326. Senator Forby. House Bill 4394. Senator Weaver. House Bill 4395. Senator Weaver. Mr. Secretary, please read House Bill 4394.
House Bill 4394. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. House Bill 4395. Mr. Secretary, please read the bill.
House Bill 4395. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments 6 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. House Bill 4423. Senator Harris. House Bill 4486. Senator Connelly. House Bill 4501. Senator Tom Cullerton. Senator Tom Cullerton. House Bill 4645. Senator Brady. House Bill 5104. Senator Manar. House Bill 5600. Senator Tom Cullerton. Mr. Secretary, please read the bill.
House Bill 5600. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate {sic} Bill 5704. Senator McConnaughay. At the top of page 26 on your printed Calendar, still on the Order of House Bills 2nd Reading, House Bill 5783. Senator Manar. Senate {sic} Bill 5902. Senator Biss. Mr. Secretary, please read the bill.
House Bill 5902. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR HARMON) Have there been any Floor amendments approved for consideration?
Floor Amendment No. 3, offered by Senator Biss.
PRESIDING OFFICER: (SENATOR HARMON) 7 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 Senator Biss, on your amendment.
Thank you, Mr. President. I move that we adopt Floor Amendment No. 3.
PRESIDING OFFICER: (SENATOR HARMON) Senator Biss moves for the adoption of Floor Amendment No. 3 to House Bill 5902. All in favor, say Aye. Opposed, Nay. The Ayes have it, and the -- the motion carries. And the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. House Bill 6084. Senator Holmes. Mr. Secretary, please read the bill.
House Bill 6084. (Secretary reads title of bill) 2nd Reading of the bill. No committee amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) And have there been any Floor amendments approved for consideration?
Floor Amendment No. 3, offered by Senator Holmes.
PRESIDING OFFICER: (SENATOR HARMON) Senator Holmes, on your amendment.
If we could just adopt it, I will be happy to explain it on 3rds. 8 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016
PRESIDING OFFICER: (SENATOR HARMON) Senator Holmes moves for the adoption of Floor Amendment No. 3 to House Bill 6084. All in favor will say Aye. Opposed, Nay. The Ayes have it. The motion carries, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. House Bill 6123. Senator Koehler. Mr. Secretary, please read the bill.
House Bill 6123. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on State Government and Veterans Affairs adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR HARMON) Have there been any Floor amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Koehler.
PRESIDING OFFICER: (SENATOR HARMON) Senator Koehler, on your amendment.
Move -- I'd move for adoption and I'll be happy to discuss it on 3rd.
PRESIDING OFFICER: (SENATOR HARMON) Senator Koehler moves for the adoption of Floor Amendment No. 2 to House Bill 6123. All in favor, say Aye. Opposed, Nay. The 9 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 Ayes have it. The motion carries, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senate Bill -- I'm sorry, House Bill 6167. Mr. Secretary, please read the bill.
House Bill 6167. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Executive adopted Amendment No. 3.
PRESIDING OFFICER: (SENATOR HARMON) Have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. House Bill 6213. Mr. Secretary, please read the bill.
House Bill 6213. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Human Services adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR HARMON) Have there been any Floor amendments approved for consideration? 10 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016
Floor Amendment No. 2, offered by Senator Biss.
PRESIDING OFFICER: (SENATOR HARMON) Senator Biss, on your amendment.
Thank you, Mr. President. I move that we adopt Floor Amendment No. 2.
PRESIDING OFFICER: (SENATOR HARMON) Senator Biss moves for the adoption of Floor Amendment No. 2 to House Bill 6213. All in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. House Bill 6298. Senator Biss. …Secretary, please read the bill.
House Bill 6298. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. House Bill 6328. Senator Collins. Ladies and Gentlemen of the Senate, we're going to return to the top of the Order of House Bills 2nd Reading. We've had some Members join us on the Floor. We're going to try to pick up those bills that Members wish to advance. We'll start at the top of the Order with House Bill 1380. Senator Manar. Mr. Secretary, please read the 11 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 bill.
House Bill 1380. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. House Bill 3760. Senator Biss. Mr. Secretary, please read the bill.
House Bill 3760. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. We'll move down to the middle of page 25. House Bill 4645. Senator Brady. House Bill 5104. Senator Manar. Mr. Secretary, please read the bill.
House Bill 5104. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. I'm sorry. We're going to turn back to the -- higher on page 25. I missed House Bill 4326. Senator Forby. Senator Forby. Mr. Secretary, please read the bill.
House Bill 4326. 12 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. And at the top of page 26 on your printed Calendar, House Bill 5783. Senator Manar. Senator Manar. Mr. Secretary, please read the bill.
House Bill 5783. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senator Trotter, for what purpose do you rise?
A point of personal privilege.
PRESIDING OFFICER: (SENATOR HARMON) Senator Trotter, on your point of personal privilege.
Thank you very much, Mr. President, Members of the Senate. This morning I had the opportunity -- I had the pleasure and the honor of meeting with the Indonesian Financial and Budgeting Commission. They are here in Springfield today to -- to look at us and -- and figure out and -- and also get -- give a little information and -- and some help on -- on our budget situation here in the State of Illinois. We have the delegation from Indonesia, Mr. A. Budiono, who's the Vice Chairman of the committee, the Regional Representative Consul of the Republic of Indonesia, with other members from the delegation who are here in 13 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 Illinois. And I would like the State Senate to give them a wholehearted welcome to our great State.
PRESIDING OFFICER: (SENATOR HARMON) Will our distinguished guests please rise and be welcomed to the Illinois State Senate? Senator Martinez, for what purpose do you rise?
Thank you, Mr. President and Members of the Senate. Can I please have your attention? This is a very important introduction that I'm going to make. Today with me, right behind me and up in the gallery, first and foremost, I have two Vietnam veterans: Valente Valenzuela - he's from the Army. He's an Army vet - Vietnam veteran. He served from '67-'68. And then we have his brother, Manuel Valenzuela, who's a Marine, and he served from '71 to '77, but he also served in Vietnam from '71 to '72. Up in the gallery, I have Pastor Emma Lozano and I have Sara Walker from Centro Sin Fronteras. But I want the two parents that are -- that are up there to please stand up. I have Olivia Segura. Ashley - - her daughter Ashley died in Kuwait in an explosion. Her mother is here today to -- to talk about how -- a -- a resolution that I have, you know, for the -- the deported -- they are deporting Vietnam -- I'm sorry, veterans from Vietnam. They're actually deporting some of these veterans because they -- even though they served in the -- in the military, they're still -- they are still being deported back to Mexico or back to their country. And today the mom is here. And right now the mother is -- is actually fighting for -- the fight that while her daughter died in the -- you know, fighting for this country, now her -- her father is in a deportation status right now. So I want to please honor these 14 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 individuals that are here today with me and know that they, you know, they served our country. Here they are today, they're here to make sure that this resolution to help those veterans who are being deported pass this Senate Chamber today. So please give them a great welcome and thank -- please come over and thank them for their service. And thank you very much.
PRESIDING OFFICER: (SENATOR HARMON) Welcome to the Illinois State Senate. Senator Sullivan, for what purpose do you rise?
Thank you, Mr. President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR HARMON) Please state your point, Senator.
Thank you. Ladies and Gentlemen, I have a couple of very special guests here with me today. To my right is my youngest son, Mark. Mark lives just north of Macomb and sells -- works for a machinery dealership, a graduate of the U of I in Champaign- Urbana. And to my left is his friend, Kelly Ricketts. Kelly is from the Galesburg area. She is a high school English teacher, a Knox College grad, as the President is. And we just -- they're just here for the day to -- to visit. And I'd like everybody to give them a warm welcome, please.
PRESIDING OFFICER: (SENATOR HARMON) Let's give our guests a Prairie Fire welcome. Senator Martinez, for what purpose do you rise?
I'm so sorry. I had so much scribbling on this page. There's also another parent that's sitting up there in the gallery, Miguel 15 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 Perez. His son is also a veteran and is also in a deportation status. I want to make sure that we welcome him to the Senate Chamber also. Please.
PRESIDING OFFICER: (SENATOR HARMON) …Perez, welcome to the Illinois State Senate. Ladies and Gentlemen of the Senate, we're going to conclude our Order of House Bills 2nd Reading for the day here on page 25 of your printed Calendar with House Bill 4423. Mr. Secretary, please read the bill.
House Bill 4423. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Senator Biss, for what purpose do you rise?
For the purpose of an introduction, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Please make your introduction, Senator.
Thank you. Members, I want to introduce the Chamber to a young woman who I have the honor of paging with me today. Her name is Nikola, or -- or Nikki, Gabrielle McLaurin. She grew up in Senator Cunningham's district. I apologized to her - she wound up somehow trading down for the day. But I'm lucky to have her assistance. She's now a first-year -- just finishing her first year at the University of Missouri, majoring in Strategic Communications, minoring in Political Science. And we look forward 16 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 to her return to full-time residence and one day employment in Illinois. And I hope you'll join me in giving her a very warm welcome.
PRESIDING OFFICER: (SENATOR HARMON) Nikki, welcome to the Illinois State Senate. Ladies and Gentlemen of the Senate, we are turning now to final action. This is the Order of Senate Bills 3rd Reading. This is on page 7 of your printed Calendar. And with leave of the Body, we're going to turn to those Senate bills that are ready for passage. We're going to begin today with Senate Bill 553. Senator Forby. Senator Forby seeks leave of the Body to recall Senate Bill 553 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 553. Mr. Secretary, please read the bill. There any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Forby.
PRESIDING OFFICER: (SENATOR HARMON) Senator Forby, on Floor Amendment No. 1.
I'd like to do Floor Amendment No. 1 - it's -- it becomes the bill - on 3rd Reading.
PRESIDING OFFICER: (SENATOR HARMON) Senator Forby moves for the adoption of Floor Amendment No. 1 to Senate Bill 553. All in favor, say Aye. Opposed, Nay. The Ayes have it. And the amendment is adopted. Have there been any further Floor amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Forby. 17 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016
PRESIDING OFFICER: (SENATOR HARMON) Senator Forby, on Floor Amendment No. 2.
I'd like to move it to 3rd Reading. It's part of -- No. 2 amendment.
PRESIDING OFFICER: (SENATOR HARMON) Senator Forby moves for the adoption of Floor Amendment No. 2 to Senate Bill 553. All in favor, say Aye. Opposed, Nay. The Ayes have it. And the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 553. Mr. Secretary, please read the bill.
Senate Bill 553. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Forby.
Thank you. This is a conceal and carry bill for veterans of the United States. If you're a veteran, you live in a -- live in another state, but you're stationed here in the State of Illinois, you can end up with conceal and carry, but you got to be just like everybody else under conceal and carry. They got to pay the -- pay the fees, do the training, and -- and just same as everybody else with conceal and carry. Same as I got. And in this bill is 18 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 -- and if you go hunting, you can carry your conceal and carry on you when you're hunting. I don't know of any opposition. I'll answer any questions.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 553 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 52 voting Aye, 1 voting No, none voting Present. Senate Bill 553, having received the required constitutional majority, is declared passed. With leave of the Body, we're going to turn to the top of page 9 of your printed Calendar, House Bill -- I'm sorry, Senate Bill 1047. Senator Althoff, are you ready to proceed? …Althoff, you are ready? Let's turn to Senate Bill 1047. Mr. Secretary, please read the bill. I'm sorry, Mr. Secretary. Senator Althoff seeks leave of the Body to recall Senate Bill 1047 to the Order of 2nd Reading. Is there any objection? Seeing none, leave is granted. Now on the Order of 2nd Reading, Senate Bill 1047. Mr. Secretary, have there been any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Althoff.
PRESIDING OFFICER: (SENATOR HARMON) Senator Althoff, on your amendment.
The amendment becomes the bill and I'll do the full explanation on 3rd Read.
PRESIDING OFFICER: (SENATOR HARMON) Senator Althoff moves for the adoption of Floor Amendment No. 19 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 1 to Senate Bill 1047. All in favor, say Aye. Opposed, Nay. The Ayes have it. The amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading, Senate Bill 1047. Mr. Secretary, please read the bill.
Senate Bill 1047. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Althoff.
Thank you very much, Mr. President. Senate Bill 1047 amends the Safe Pharmaceutical Disposal Act as well as part of the Environmental Protection Act. And what the purpose of this bill is, is to allow local police departments to destroy unused and expired prescription drugs they collect from community take-back programs in the same manner as they currently can do with illegal drugs. I'd be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 1047 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, none voting No, none voting Present. Senate Bill 1047, having 20 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 received the required constitutional majority, is declared passed. Senator McCarter, for what purpose do you rise? SENATOR McCARTER: On Senate Bill 553, I intended to vote Yes.
PRESIDING OFFICER: (SENATOR HARMON) Record will reflect your intention to have voted Aye. Senator Forby, for what purpose do you rise?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR HARMON) State your point, Senator.
Today I have a baseball team here and a cheerleading team here today. It's part of my family that I took in for years and years and now they showed up today. The first one is Audrey Gulley, Sesser, Illinois. She's in the eighth grade. She likes volleyball, softball, and wants to be a cheerleader. And her dad's sitting up there in the podium {sic} and he's -- he's the treasurer at Benton, Illinois. This is -- this is Audrey. The next guy is Seiger. I think everybody in Springfield knows Seiger. …Shannon Miller's boy. And he is a baseball player. Right? Yes. He's going to be a baseball player and he's -- he's in the fifth grade and he's got his mom sitting up there. Shannon, will you stand up? Shannon. And you got some friends here today, don't you? Eamon Maloney {sic} (Mahoney) - this -- this buddy right here. And the other guy is - you might have to help me on this - Alio Giocomini. And the best one of the group here today is -- we have one that's eight weeks old, Shannon -- here. Oh, yeah, can't get rid of Gianna. She's -- she's not like her mom. This baby is 21 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 quiet, don't cry, or nothing. Her mom talks all the time and just every place she never is quiet. Well, I wish you'd give all these guys a great hand.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Forby, for bringing most of your district to visit us today. Senator McCann, for what purpose do you seek recognition? SENATOR McCANN: Thank you, Mr. President. On a point of personal privilege, please.
PRESIDING OFFICER: (SENATOR HARMON) Please state your point, Senator. SENATOR McCANN: I would like to introduce my Page for the Day, Mr. Duey Skinner. Duey is from Jerseyville, Illinois, down in the Metro East -- St. Louis Metro East area, the southwestern corner of my district. Duey is a graduate of Jersey Community High School, Lincoln -- or Lewis and Clark Community College, and then he went on to Missouri Baptist, and he's going to be working on his Master's in Criminal Justice here in the near -- in the near future. Duey enjoys computer games, video games. He enjoys chess. And he enjoys politics and policy. Not just the politics, but the policy side of things. Duey is in a chair. And so Duey is inviting everyone to come over and visit him, because getting to you would be rather difficult here today. But even though Duey's in a chair, you probably have already figured out he's not one of those guys who sits on the shoulder watching traffic pass him by. He's one of those guys who gets -- likes to get out there and drive in the fast lane. So, we invite you over. His mother, Kim, is in the 22 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 gallery on the Republican side. And I hope you'll join me in welcoming them to Springfield. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Duey, welcome to the Illinois State Senate. Glad to have you here today. …McConchie, for what purpose do you seek recognition? SENATOR McCONCHIE: For the purpose of an introduction, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) State your introduction, Senator. SENATOR McCONCHIE: I'd like to introduce my Page for the Day, Moses Smith. Moses is a fifth grader at Bethel Lutheran School in Morton, Illinois. His parents: Kurt and Mailee Smith. Kurt is up behind me in the gallery today and is -- Moses is learning how to play piano. He's on the track team, school choir, math club. He's also famous. He's a part of the AmeriKids children's show choir, which has been giving him the opportunity of being able to perform many times at Disney World and in Branson, Missouri. But none of this has gone to his head, as he is interested in becoming a pastor when he grows up. So I would encourage the Senate to give him a warm welcome.
PRESIDING OFFICER: (SENATOR HARMON) Moses, welcome to the Illinois State Senate. We're glad to have you here. Senator Althoff, for what purpose do you rise?
Point of personal privilege.
PRESIDING OFFICER: (SENATOR HARMON) Please state your point, Senator.
I, too, have a very special guest with me today. I have with 23 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 me Ben Jones, who loves baseball, loves YouTube, is a great Cub Scout, and is with me today because his father is Matt Jones. And I think all of you also know Matt. So, we're very, very pleased to welcome Ben. And we're hoping he enjoys his day with us here in Springfield. Might we give him a nice warm welcome, please?
PRESIDING OFFICER: (SENATOR HARMON) Ben is a very polite young man. Let's give him a warm welcome to the Illinois State Senate. We're going to continue on the Order of Senate Bills 3rd Reading at the top of page 11 of your printed Calendar. Senator Jones, are you ready to proceed with Senate Bill 2428? Senate Bill 3025. Senator Haine. Senator Haine, do you wish to proceed with Senate Bill 3025? Senator Haine seeks leave of the Body to recall Senate Bill 3025 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 3025. Mr. Secretary, have there been any Floor amendments approved for consideration?
Floor Amendment No. 2, offered by Senator Haine.
PRESIDING OFFICER: (SENATOR HARMON) Senator Haine, on Floor Amendment No. 2.
Thank you, Mr. President and Ladies and Gentlemen of the Senate. This becomes the bill. Senate Floor Amendment No. 2 becomes the bill and it allows any regularly enrolled volunteer firefighter to purchase four tires for their personal vehicle every three years through his or her fire department's, municipality's, or fire protection district's contract to purchase tires under Section 2 of the Government {sic} (Governmental) Joint Purchasing Act with various stipulations. 24 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016
PRESIDING OFFICER: (SENATOR HARMON) Senator Haine moves for the adoption of Floor Amendment No. 2. Is there any -- or all in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Have there been any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 3025. Mr. Secretary, please read the bill.
Senate Bill 3025. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Haine, on the bill.
Thank you, Mr. President. I -- this is the bill. I want to add that the amendment stipulates that the firefighter shall pay for any tire, any taxes that -- and that the purchase of the tires is not considered tax exempt.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Any discussion? Senator Bivins, for what purpose do you rise?
Thank you, Mr. President. To the -- to the bill.
PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator.
25 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 Thank you. I voted Present in committee. Certainly we are appreciative of the many volunteer firefighters throughout the State, many whom I worked with for many years. They give of their time, so we don't want to -- we want to be respectful of that, but at the same time, I'm a little concerned about the bill, because it opens a door for other volunteer organizations, auxiliary deputies, auxiliary police, many other volunteers, and I'm also very concerned about moneys being -- I guess you want to say getting convoluted from -- from someone privately to an entity, municipality, what have you. I -- I think it's -- could cause a lot of problems. So I -- I would be a Present vote on this. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any further discussion? Senator Oberweis, for what purpose do you seek recognition?
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator.
I would just like to emphasize what Senator Bivins just said. I think we all would like to do what we can to help volunteers, but this is special legislation that looks at one group. What about, for instance, volunteer police or volunteers for charitable organizations and so on? It seems wrong to me to single out one particular group and give them this extra advantage. For that reason, I would vote No.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any further discussion? Senator 26 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 Righter, for what purpose do you seek recognition?
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he will yield. Senator Righter.
And, Senator Haine, I -- when the -- the bill went up on the board and I looked at the analysis, it was honestly not my intention to speak, but I -- I guess I want to be clear here on what this does, because - thank you, Mr. President - because oftentimes we have, particularly in this week of the year, we have small bills and -- and they just kind of slide through the process and we don't maybe think about -- step back and put on the wide- angle lens and think about the broader ramifications. It's my understanding that this bill would allow someone, for purposes of a private purchase for themselves, to use a government or taxpayer- funded purchasing mechanism in order to pay less for what it is they want personally. Is that a fair characterization of the bill?
PRESIDING OFFICER: (SENATOR HARMON) Senator Haine.
I -- I suppose so in the context of being the fire department. These are not just volunteers. They are not analogous to, as was stated previously, to an auxiliary police officer or any other volunteer. These are the department members. They're people who actually do the firefighting. And they travel to the scene and back in their own vehicles. So this is -- I mean, I see your concerns, but this is limited to those who actually are the department members. 27 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016
PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.
Well, I -- I appreciate that, Senator, but they're making the purchase for themselves. They're making it for their personal use. They're making it for their personable -- personal vehicle, not for -- I mean, this isn't about the fire truck. This is about my GMC Terrain. And my concern is, in terms of what's happening here, what is the difference between allowing the individual on a private basis to use the taxpayer-sponsored purchasing process to get a discount for themselves, how is that different from you or me or someone else saying "I need to buy a new car, so I want to pass a law that allows me to use the CMS purchasing power that the State uses to buy fleet vehicles and get that discount as long as I pay the price"? What's the difference between those two?
PRESIDING OFFICER: (SENATOR HARMON) Senator Haine.
It's -- these individuals are the department, Senator Righter. They are the department. It's not analogous to me traveling to Springfield in my vehicle and wanting the State to reimburse me for something else, although we do -- we can voucher in. But these are the department. They're the department itself. It's -- they're not just hanging around. And they use these vehicles to get to and from the fire scenes. And -- and this has to be documented by the district or whatever entity is using them to volunteer. Again, it's not analogous to a purely volunteer for another purpose or to an auxiliary police officer. These are the department members. Seventy percent of the State is covered by 28 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 volunteer firefighters. And by the nature of that, they are not paid. And this just gives them something, some access. They have to buy them; they're not giving the tires to them. They're allowing them to buy them - yes, albeit at a discount - because of their service. That's all it does.
PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.
To the bill, if I might, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator.
Thank you, Mr. President. Ladies and Gentlemen of the Senate, I hope that we are paying careful attention to what this bill does. Hey, we all love our volunteer firefighters. And I've got as many -- as many square miles of my district covered by volunteer firefighters, or more, than does the sponsor. But let's be clear what this is. This is not about allow -- using a taxpayer-funded purchasing mechanism to get a discount for the fire truck. This is for the private individual's personal vehicle. This is allowing someone to save money personally by purchasing things for themselves through the government. And that is a dangerous, dangerous door to walk through. Because, what is the next step - allowing someone who's providing some public service to use the taxpayer-funded mechanism to purchase things and get a ten or fifteen or twenty percent discount for themselves. This is how we get in trouble and this is a line we should not cross. Thank you, Mr. -- Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) 29 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 Thank you, Senator. Is there any further discussion? Senator Syverson, for what purpose do you seek recognition?
Thank you, Mr. President. Couple questions of the sponsor.
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he will yield. Senator Syverson.
Senator, I didn't -- I was not in committee when this one -- this bill came through. Can -- just a couple questions. Did they talk about how much of a savings there would be? I mean, I've never heard of -- even under the State purchasing, that that'll be cheaper than what a sale price is at a -- at a local tire discount store. But did they tell you how much of a savings it is?
PRESIDING OFFICER: (SENATOR HARMON) Senator Haine.
That's a good question. I don't know. I don't know. It may be that a volunteer firefighter wouldn't want to take advantage of this. They'd buy 'em at the -- at Sam's Tires. Not Senator McCann. I'm -- not his…
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson.
Well, it's almost like our -- our State -- for those of -- for those who have used the State's vision insurance. You know, you go into LensCrafters and they say, "Well, you can use your State's insurance, but our sale price, we're actually cheaper than what your State's plan is, so you probably don't want to use your State's plan." But -- so we're not sure what the cost is or what 30 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 grade or which tires. Can they order any tire that they want through this system or what -- what tires do they have to use?
PRESIDING OFFICER: (SENATOR HARMON) Senator Haine.
It -- it doesn't specify that. It just says the -- the fire department, presumably the chief, or the municipality shall be responsible for documenting how many tires are purchased and under what specified periods. So it doesn't specify whether you get the -- what tire it is. I presume -- and this is -- again, this is an incentive for people to sign up and be the fire department. Years ago, young men just did this. Now it's harder to -- to get them - young men and women.
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson.
Yeah, I understand that. And, of course, they could always just give a -- a coupon or a discount or something to a local -- a local place to get that as well. But what about the cost of -- of shipping? So if they're going to order these tires, who pays the cost of shipping, and is it being sent to their home, is it being sent to the fire department? Who's covering the cost of -- of just putting this together?
PRESIDING OFFICER: (SENATOR HARMON) Senator Haine.
I -- I presume the firefighter - "shall pay for any tires, (and) any related taxes, purchased under this Section". And I would presume that would mean they're responsible for any shipping 31 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 costs or anything else. It's -- the fire department shall be responsible for the documentation, but the firefighter shall pay for the tires and I presume that's any costs.
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson.
And I guess that would -- so, we don't know yet, but would the firefighter then -- they would go online or purchase those? Who keeps track of the tax being paid, if it's being paid or not being paid, and is it -- is it being handled through the -- the volunteer fire department? Does the volunteer fire department handle the paperwork and then checks go through them? How is the process paid {sic} and then who does all the bookkeeping for this?
PRESIDING OFFICER: (SENATOR HARMON) Senator Haine.
That's a -- that's a good question. In the proposed bill, if authorized by the fire chief, any regularly enrolled volunteer firefighter may purchase four vehicle tires every three years through his department's contract to purchase vehicle tires under Section 2. So I presume it's through what they buy through the purchasing authorized by the State. They just can't go online. The authorization must be in writing and on the fire department's letterhead, and include the volunteer firefighter's name, the license of the vehicle, et cetera.
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson.
Yeah, then -- again, then it raises the concern if it's being 32 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 purchased then through the fire department, then the issue is how do you collect the sales tax, because I'm -- my guess is now the purchasing that the department's making is going to be probably non-taxed, I would think. I don't know if they pay a sale tax or not on the purchases. Is the employer then required to collect that and then remit to the tire company as part of the sale?
PRESIDING OFFICER: (SENATOR HARMON) Senator Haine.
Thank you, Senator. Again, this -- this requires that these are not tax-exempt purchases.
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson.
So, in this case, then the -- the firefighter would pay the -- would pay the tax, run the paperwork through their local agency, they would have to keep track of all that paperwork, and they would send that all to the tire company. This just seems like an -- so much work to -- to get -- made it -- I've never heard of the State contracting purchases being cheaper than what you can get privatized as well. But just seems like so much paperwork and time and energy to get a -- a -- a possibility of a -- of a small savings. We'd be better off just urging the local tire companies to give discounts to volunteer fire departments as opposed to starting this step. I think this was mentioned earlier. The concern is, if we do this for firefighters, what about the volunteers at Meals on Wheels who go out and drive around and deliver food for individuals? They're using their tires as well and they're working for free. Why not allow them to get tires? 33 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 And where do we -- this seems like the first time we're opening the door now to allowing this to happen and my fear is that this is going to open it up for a lot of other individuals. Would you -- do you agree that that could be a potential outcome of this as well?
PRESIDING OFFICER: (SENATOR HARMON) Senator Haine.
Arguably. I mean, I -- I accept the basis for that. That's arguable. Senator Righter and Senator Bivins' comments are arguable. But, again, I repeat that this is circumscribed by the terms of the bill, which could be, given the colloquy here on the Senate Floor, strengthened in the House, if it passes. But also the -- the difference between Meals on Wheels, these are firefighters - they're the department. They're actually going to the fire and -- and -- and facing danger and risk to themselves and everything else. And as a small token, as an effort to retain these folks - these communities can't pay the costs of a fire department - it's a small thing, I agree, but the -- the difference is this has to be accounted for by the department and these are the department members. They're actually the firefighters. They're not -- they're not an auxiliary. They're not delivering Meals on Wheels. They're actually the fire department.
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson.
I'll -- I'll wrap it up with this. I'm not sure the difference between a volunteer fire department -- we have a volunteer fire department, then we have a volunteer Meals on Wheels, the people 34 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 that -- using their vehicles and they're driving to -- to places to -- to do their job, which is delivering food, and so there are many other sources that -- many other, I think, groups that we could point out that same type of a concern. But, again, I'm concerned about the tax -- the issue with the municipality. I don't think municipalities pay taxes on purchasing equipment. So this would be a new item and how is the employer gonna -- gonna collect that tax and send that tax to the Department of Revenue? That seems like that's going to be an awful lot of work with a step that's not currently in place.
PRESIDING OFFICER: (SENATOR HARMON) Senator Haine.
Again, Senator, the -- the -- the firefighter is responsible for all taxes and fees under this idea. The -- and, again -- again, in all due respect to those who meal -- do Meals on Wheels, these are firefighters. They're first responders. They go to the scene of injury and death and high risk. And I respect those who do Meals on Wheels, but I think this is a -- this is circumscribed by the terms of the bill and the position that they're doing, which is -- again, seventy percent of Illinois is served by volunteer firefighters.
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson.
Just to clarify one thing, the -- the tax -- when -- when you read that part of the bill earlier that all this is going through the -- through the -- each volunteer fire department, then it's - - that department would have to collect that -- that -- those 35 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 revenues from that employee, including the tax, I would think, and then the department would have to send that tax then to Revenue or to somebody, but I thought you had read that everything -- everything gets run through the fire department, and if that's the case, wouldn't that tax also be run through the fire department and does then -- that just creates more -- looks -- sounds like more paperwork and -- and headache to be involved. And so after you answer that, I'll just -- I'll just wrap it up with that and I appreciate you taking the time to answer the questions.
PRESIDING OFFICER: (SENATOR HARMON) Senator Haine.
Thank you, Senator. Again -- oh! Oh! Again, this is -- the bill says "if authorized by the fire chief or {sic} (of) the fire department". If this is too much trouble for 'em, I presume they won't authorize it.
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson, are you still seeking recognition? Senator Syverson.
Sure, just to -- just to close. Again, it's -- I understand what you're trying to do. I'm just concerned that the -- the confusion that this is going to create -- I mean, there's just the questions we've been asking here about this. This seems like an awfully convoluted big thing to try to do something and we could find better ways to help firefighters than this. This could end up costing us a lot more in the long run or cost fire departments more in the long run by -- by doing this, and if nothing else, we ought to be tightening it up and maybe look for discounts or 36 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 allowing them to purchase it directly through a particular tire company. But to have this all run through a -- I just don't know if there is going to be a point where there's going to be a -- any kind of a real true savings with this. So, thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Is there any -- oh, Senator Haine, do you want to respond before turning to the next questioner? Senator Haine.
Yes, I just want to emphasize again that thanks to this colloquy, we could clean this up a bit if it made it to -- to the House. But I want to repeat again that this -- this depends upon the authorization of the fire chief. If it's too much trouble for 'em, they're not going to do it. It's just a small incentive to encourage young people to be volunteer firefighters. That's all it is. They can't pay 'em, so they're letting 'em get something, as you put it, a coupon, analogous to a coupon, to show up when that bell rings and go to the scene of a fire, which is risky. I wouldn't want to do it. You know, I'm -- I like sitting at home and reading about -- seeing it on TV. I don't want to show up. That's young men like Senator Anderson. He shows up. I stay at home.
PRESIDING OFFICER: (SENATOR HARMON) Is there any further discussion? Senator Bush, for what purpose do you seek recognition?
Thank you, Mr. President. To the bill.
PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator. 37 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016
So I'm proud to be a chief cosponsor on this bill and let me speak very slowly about this so we all understand. This bill is supported by the Illinois Fire Caucus, which is made up certainly of members of the fire protection districts. Excuse me, you were so interested in it before, maybe we could listen now. So, let me tell you, my ex-husband was a volunteer firefighter. They work for very little money. They become EMTs. They attend school on their own. They make a tremendous investment in caring for their communities. They drive their personal cars - God, that's irritating, excuse me - they drive their personal cars, sometimes to a fire department, sometime to the scene of a fire or perhaps where someone has suffered a heart attack and they need someone immediately. It is the least that we can do to allow them to purchase at a discount tires for their vehicles that they are driving to the site many times. And to think that our fire protection districts and our municipalities are not capable of following the letter of this law, which says they must pay sales tax and they must remit them, is absurd. So I would ask for an Aye vote and, frankly, I -- I can't believe that they're -- we've spent this much time on this bill and perhaps we can chat later when you're paying attention. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any further discussion? Senator McCann, for what purpose do you rise? SENATOR McCANN: Thank you, Mr. President. Will the sponsor yield for a few questions, please?
PRESIDING OFFICER: (SENATOR HARMON) 38 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 The sponsor indicates that he will yield. SENATOR McCANN: Senator Haine, does this bill pertain to volunteer firemen only?
PRESIDING OFFICER: (SENATOR HARMON) Senator Haine.
Yes, sir. That's correct, only volunteer firefighters.
PRESIDING OFFICER: (SENATOR HARMON) Senator McCann. SENATOR McCANN: So when I'm driving around my big downstate district or when I'm driving anywhere in the State and I see this blue flashing light coming at me, there's a good chance that's a volunteer fireman responding to a call. Would that be correct?
PRESIDING OFFICER: (SENATOR HARMON) Senator Haine.
Absolutely correct.
PRESIDING OFFICER: (SENATOR HARMON) Senator McCann. SENATOR McCANN: So, Senator Haine, do you agree with me that it makes all the sense in the world that when someone is taking time out of their personal life to volunteer for their community and they're doing it in their personal vehicle and they need to get somewhere in a hurry, it's probably good that the rubber that hits the road is in good shape, so that they can stop at those stop signs, so that they can take off expeditiously, and so that they can maintain 39 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 control under adverse conditions? Would you agree with all that?
PRESIDING OFFICER: (SENATOR HARMON) Senator Haine.
Senator -- Senator McCann, I actually should have said that earlier.
PRESIDING OFFICER: (SENATOR HARMON) Senator McCann. SENATOR McCANN: To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator. SENATOR McCANN: Yeah, I would like to commend the sponsor for bringing a -- a -- a really good bill, especially for downstate, where it is so difficult to find people, especially in this -- in the society in which we live. We see people traveling dozens and -- and sometimes traveling hours to get back and forth to work one way. You know, that's something different from what our grandparents had to -- had to -- to live in several decades ago. So with this society where people are away from home more often and a society where so many demands are put upon us and a society where people are having to work multiple jobs just to get by and we're having trouble attracting these folks to the fire service, especially in a voluntary capacity, here comes a bill to incentivize participation, good civic involvement. I commend the sponsor on bringing a phenomenal bill and I urge an Aye vote from everyone in the Chamber.
PRESIDING OFFICER: (SENATOR HARMON) 40 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 Thank you, Senator. Senator Cunningham, for what purpose do you rise?
Thank -- thank you, Mr. President. I move the previous question.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator McCarter, for what purpose do you seek recognition? SENATOR McCARTER: Question of the sponsor.
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates he will yield. SENATOR McCARTER: Senator, do volunteer firefighters get paid anything at any time, not necessarily as pay, but as a reimbursement, as a stipend or any -- anything? Does any money change hands with a volunteer firefighter?
PRESIDING OFFICER: (SENATOR HARMON) Senator Haine.
No, sir, not that I'm aware of.
PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: Had -- is there any -- anywhere in the State that you know of that people are currently allowed to do what we're talking here today? Are they -- is -- are people currently doing this? Are they allowed to purchase tires through a contract that a fire department has today? Do you know if it's happening anywhere in 41 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 the State today?
PRESIDING OFFICER: (SENATOR HARMON) Senator Haine.
I don't think so. That -- that's why the previous Senator mentioned that this was a -- proposed by the Illinois Fire Caucus, our legislative caucus. This came out of the Fire Caucus, so I presume not. I was also just told that some departments are paid on call a small stipend if they -- if people show up, but I don't know how many.
PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: To the bill, then. So I guess…
PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator. SENATOR McCARTER: So if -- so if they're paid a small stipend - which I believe they are and that can be a little or a lot, just depends on what they agree to - I don't understand why that stipend at any time couldn't be increased as a benefit, as you said, as a perk or as an incentive to gather -- to attract people to be volunteer fire -- firemen/women. That could be increased to allow them to buy their own tires. If that's a real -- if that's a real cost to them to get to fires, I mean, that could be increased. It -- it happens all the time. And, you know -- and if not that, if it's just tires, I mean, will the next bill be something else that the fire department has a good contract on? You know, some other staple for their house or whatever. I mean, I understand there's 42 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 -- tires are connected to cars and cars are, you know, connected to getting to the fire. I got all that. And I understand that, you know, we love firemen and they do -- they do the job that we're not willing to do and -- and all that, but stipends are paid to volunteers and we don't need a law to -- to do this, I don't believe. If somebody -- if -- if the department wants to increase their stipend to their volunteers to help them pay for tires, I guarantee they can pay for tires a lot cheaper than going through a government entity to get tires. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Senator Haine, to close.
Thank you very much, Mr. President. Again, I don't know, these are poor rural, mainly, districts. So just us speculating on how they can pay somebody, I don't think meets the objections to -- to -- to the bill. This is a small benefit and, as Senator McCann pointed out correctly, there's a nexus between having safe tires and getting these young people to the emergency, so that's how the bill is crafted. And to answer the previous speaker's query of me, will there by another effort to offer another benefit, I guarantee you I won't be sponsoring it, but I would be asking for an Aye vote for this. I think it's reasonable. It's a small token of the appreciation and an incentive to have these young people join up in what was referred to previously as a high-risk operation. It only involves what Senator Forby would call "tars" and I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) The question is, shall Senate Bill 3025 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all 43 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 42 voting Aye, 10 voting No, 1 voting Present. Senate Bill 3025, having received the required constitutional majority, is declared passed. Ladies and Gentlemen of the Senate, Senate Supplemental Calendar No. 1 has been printed and distributed to the Members' desks. On that Supplemental Calendar is the Order of Secretary's Desk, Resolutions, and on that Order is House Joint Resolution 120. Senator Koehler, do you wish to proceed? Mr. Secretary, please read the resolution.
House Joint Resolution 120, offered by Senator Koehler.
PRESIDING OFFICER: (SENATOR HARMON) Senator Koehler, on the resolution.
Thank you, Mr. President, Members of the Senate. If I could have your attention, please, this is an important resolution. Staff Sergeant Paul Smith died in the service of his country in Kandahar, Afghanistan, in the summer of 2009. Staff Sergeant Smith's 2009 deployment was his third in Afghanistan with Troop C, 2nd Battalion, 106th Cavalry Regiment, providing protection for Embedded Training Teams in the Afghan army. In late August of 2009, at the age of forty-three, Staff Sergeant Smith volunteered for a mission, manning the gunner position atop a Humvee, fifth in a military convoy. Sergeant Smith's typical -- typically rode in the first or last vehicle in the line. He was killed instantly when a improvised explosive device detonated near his vehicle, killing another soldier and two others were seriously injured. Staff Sergeant Smith's dedication, heroism, and courage will never 44 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 be forgotten by his family, his city, his State, and his nation. And therefore we are designating a section of Illinois Route 8 in East Peoria as Staff Sergeant Paul Smith Memorial Highway. I want to thank Representative Mike Unes, who is here with me - he's my Representative from the 91st District - for carrying this resolution in the House and I'll make some introductions after this, but I would respectfully ask the Senate to approve.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? As this resolution requires the expenditure of State funds, a roll call vote will be required. The question is, shall House Joint Resolution 120 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 58 voting Aye, none voting No, none voting Present. And House Joint Resolution 120, having received the required constitutional majority, is declared adopted. Senator Koehler, for what purpose do you rise?
For a point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) State your point, Senator.
With me here, I want to introduce to -- to the Chamber Representative Mike Unes and ask him to stand and in turn I want to introduce Sergeant Smith's daughter, Sarah; his son, Ben; his wife, Kim, and ask them to stand and let us show our appreciation to this family for their hero.
PRESIDING OFFICER: (SENATOR HARMON) 45 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 Will our guests in the galleries please rise and be welcomed to the Illinois State Senate? Senator Hastings, for what purpose do you rise?
Purpose of an introduction, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Please state your introduction, Senator.
I just want to introduce my father, Kyle, the Mayor of Orland Hills, is here today. He's a -- he's a military father as well. He has two boys that have served and we just want to say thanks to the military parents that are here today and give my father a warm round of applause and a -- a great Springfield welcome. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Mayor, welcome to the Illinois State Senate. Glad to have you back. And, Senator Van Pelt, for what purpose do you rise?
For purposes of an introduction.
PRESIDING OFFICER: (SENATOR HARMON) Please make your introduction.
I have here today on the Republican side in the -- in the gallery on the Republican side, the Community Christian Alternative Academy. They're down here in Springfield to share the experiences they're having with violence and to also share some solutions and they are working in North Lawn -- in the North Lawndale community and I think we should really welcome them for taking it upon themselves to help to bring down the violence in 46 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 Chicago. Let's clap our hands, please.
PRESIDING OFFICER: (SENATOR HARMON) Let's give our guests a warm welcome to the Illinois State Senate. Ladies and Gentlemen of the Senate, we're turning back to our regular Calendars on page 18 on the Order of House Bills 3rd Reading. We're going to pick up with House Bill 5538. Senator Bush. Mr. Secretary, please read the bill.
House Bill 5538. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Bush.
Thank you, Mr. President and Members of the Senate. HB 3 -- excuse me, HB 5538 requires that law enforcement officers be given additional training aimed at understanding domestic violence. More specifically, the prevention of further victimization. I know of no opposition to the bill and I would urge an Aye vote. I'm happy to answer any questions.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 5538 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, none voting No, none voting Present. House Bill 5538, having received the required constitutional majority, is declared passed. With leave of the Body, we'll return later to House Bill 5539. 47 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 House Bill 5540. Senator Haine. Mr. Secretary, please read the bill.
House Bill 5540. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Haine, to briefly explain your bill.
Thank you, Mr. President. This is our General Revisory Act, which corrects errors, duplications, cross-references. It does not have any substantive provisions in it, except on page 120, there's a legislative pay increase and pension sweetener. Just kidding - see if everybody's awake. I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Senator Jones, for what purpose do you rise?
I would definitely ask for a Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Is there any further discussion? Seeing none, the question is, shall House Bill 5540 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 58 voting Aye, none voting No, none voting Present. House Bill 5540, having received the required constitutional majority, is declared passed. House Bill 5551. Senator Raoul. House Bill 5556. Senator Martinez. Mr. Secretary, please read the bill. 48 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016
House Bill 5556. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Martinez.
Thank you, Mr. President, Members of the Senate. House Bill 5556 extends the date by which a chief executive officer of Chicago Public Schools must submit a draft of the revised Educational Facilities {sic} (Facility) Master Plan for public comments from January 1st, 2016, to July 1st, 2016. I'll be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall House Bill 5556 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 58 voting Aye, none voting No, none voting Present. House Bill 5556, having received the required constitutional majority, is declared passed. House Bill 5561. Senator -- Mr. Secretary, please read the bill.
House Bill 5561. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Connelly, on the bill.
49 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 Thank you, Mr. President, Members of the Senate. House Bill 5561 amends the Public Community College Act and authorizes the community college district board of trustees to enter into an Accelerate College educational partnership agreement with any school district within that district. More importantly, it also requires the Community College Board to provide an annual report of the success of this program. I'm unaware of any opponents.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Seeing none, the question is, shall House Bill 5561 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, none voting No, none voting Present. House Bill 5561, having received the required constitutional majority, is declared passed. House Bill 5566. Senator Trotter. House Bill 5572. Senator Raoul. House Bill 5576. Senator Hutchinson. Mr. Secretary, please read the bill.
House Bill 5576. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson.
Thank you, Mr. President and Members of the Senate. House Bill 5576 amends the Illinois Insurance Code and provides coverage for almost all FDA-approved contraceptive drugs, devices, and products. House Bill 5576 clarifies existing Illinois law 50 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 regarding contraceptive coverage and brings it into compliance with requirements for the Affordable Care Act regarding insurance coverage for contraceptives. Insurance companies must offer at least one product, drug, or device of a particular therapeutic equivalent version with no cost-sharing. Insurance companies would also be required to provide twelve months of contraceptive at one time. If a drug is not offered by an insurer free of cost- sharing, the company must defer to the patient's provider if that provider finds that the drug is a medical necessity. Insurers must also provide an expedient and convenient review process to ensure coverage. I'm happy to answer any questions. I'm sure this might elicit some sort of debate.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Senator Righter, for what purpose do you rise?
Will the sponsor yield, please, Mr. President?
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that she will yield. Senator Righter.
Thank you, Mr. President. Honestly, Senator Hutchinson, I was not going to get up and say a word until you kind of invited it. So I thought -- I didn't want to let you down. I didn't want to let you down. There is, according to the analysis that I have on my laptop, a laundry list of opponents to House Bill 5576. Obviously, since we're on the Floor, the representatives from those organizations who are opposed cannot come and speak on the record about why they're opposed, but I have tremendous faith in your ability to objectively characterize the objections that you have 51 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 heard from these groups. Can you help me with that, please?
PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson.
The -- probably the number one thing that we've heard is, why do we need to give birth control coverage to people for twelve -- more than -- or twelve -- up to twelve months at a time? So we know that research shows that the more consistent that a woman takes her birth control, the better outcome she has. She doesn't risk an unplanned pregnancy. One thing that is significant about that, though, is that unlike any other piece of medication that you might take that wouldn't harm you if you missed a day, you -- you risk almost immediate fertility and the inability to take your next cycle of drugs for another full month if you miss just one day. So we know that this decreases costs for women. It decreases costs for the insurance companies actually and -- but if there's been one bit of opposition that I hear the most of, it's why do we need to do twelve months? I would also point out that we already get a prescription for up to twelve months too and -- right now as it stands and I'm not expected to go back to my doctor and ask whether or not that's okay before twelve months is over. So this is really a situation where we're not relitigating whether or not insurance companies must cover birth control pills or contraceptives, because that's been handled by federal law; what we are saying is that we want to align Illinois State law with what happens in the regs at the federal level so that women can - - relieve some of the burdens and the access that we need to make this easier for people.
PRESIDING OFFICER: (SENATOR HARMON) 52 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 Senator Righter.
Thank you, Mr. President. Senator Hutchinson, the -- it's my understanding the Affordable Care Act mandates coverage and that most insurers as part of their insurance package would cover something. The question that I have for you is, the language in the bill - and I'm not clear - is this would allow an insured to pick the contraceptive they would like to utilize and require the insurer to pay for that coverage, even if that's not the contraceptive that the insurer has agreed in the insurance contract to pay for. So, if the insurer says, well, we -- we provide coverage for contraceptive "A", and the insured says, well, I want "B", will this bill require the insurer to say, we're going to cover "B", even though "A" is the only one in our insurance coverage?
PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson.
So the issue with the -- the situation that you just raised is that there are times when a person is prescribed a form of birth control that doesn't work for them and they need to use another kind that may not have other side effects or other problematic symptoms that they experience on those things, which you work out between yourself and your health care provider. The issue with an insurance company not covering that one piece is that they're already mandated to cover a prescription drug in each of the classifications. This might ask some of them to add maybe two or three other additional ones to cover. Some of them may be one or two. Most plans tend to cover more than one anyway, but in this 53 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 particular -- in that kind of particular situation, when you go back to your doctor and say this doesn't work, I need a birth control pill that covers this -- the fact that I'm having these side effects or whatever's happening, they need to have that offered with no barriers and no cost-sharing so that you can actually take advantage of the fact that we have birth control coverage under insurance.
PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.
So, I guess, does -- does the bill allow the insurance company to say, use the one that we provide for -- coverage for now, before covering the second one, or can the insured go right to the second one and just say, that's my preference?
PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson.
Typically when you're working with your health care provider, most people don't give you a prescription for a new pill that we don't know how it's going to behave and we don't know what kind of side effects you're going to have upfront. They don't say that up to twelve months. They will give you a prescription and say, try this, see how this works, come back and then we'll decide whether this is working for you. So in most situations, what you just -- what -- what you just said doesn't happen unless this is a prescription that a woman is accustomed to using and she knows it works for her. For many people, contraceptive use isn't just for birth control. Some of them are for other medical conditions that we know of. Some of it could be endometriosis, it could be acne, 54 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 it could be a number of different other things that these -- this classification of medication would treat. So in a situation like that, we want to make sure that there's a clear, concise ability to -- to go through a waiver process that makes sense when you have to go to your insurance company, but the problem is most insurance companies deny either the first or second request when you make that request, which can delay it up to thirty days and even longer than that, which then puts a woman at risk for immediate fertility of having missed cycles. So according to best practices with the CDC and the World Health Organization and all those different places, this is -- this would be a best practice and to put an unnecessary burden like that that's prescribed by the insurance company, not by doctors, is what we're trying to get at right here.
PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.
Thank you, Mr. President. Last area of inquiry, Senator Hutchinson, and that is, it's my understanding the bill has a provision that says that after two years of being on -- being -- being prescribed a -- a -- a particular contraceptive, that then the insurer must go to a twelve-month renewal of the prescription. You know, most -- most prescription drugs, you get a prescription and it's good for -- I mean, particularly if it's a -- if it's something you're going to use continuously, a maintenance drug, if you will, or a maintenance prescription, it might be for three months, it might be for six months. It's my understanding there's a provision in the bill that for this requires twelve months. And, one, I want -- I'm asking you if that's accurate. And, two, if 55 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 that's the case, why such a long period of time?
PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson.
So we know that research has shown that women who receive a one-year supply of birth control pills experience fewer gaps in birth control use and are significantly less likely to experience an unintended pregnancy than women who receive a one- or three- month supply. Again, when you're taking some sort of a -- a maintenance drug, where missing a day doesn't have an immediate impact, missing a day with your birth control prescription has an immediate impact. So we know that because they're more likely to not experience the unintended consequences of having an interruption in birth control and then if you have it for up to twelve months -- and I do want to just make clear, this bill calls for up to twelve months, not mandates twelve months' total, is that it can be written up to twelve months. For those people who, a, have used the same sort of birth control forever and they know it works for them and you want to have it all at one time so you don't have gaps; two, it lowers the cost for individuals, 'cause they're not paying a dispensing fee every time they do it; three, there are a number of different women who are heads of households who don't work regular, traditional hours, who may work weekends and find it difficult to go every single thirty days or three months to go get this prescription filled on time. This is a cost- effective best practice according to every single World Health Organization, all the CDC, and the -- the College of Obstetrician {sic) (Obstetricians) and Gynecologists. They all agree that this is the best way to do this and it really is keeping the woman in 56 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 concert with her own daughter -- I mean with her own doctor, her health provider, as to what form works best for her and how she can use it most consistently so that the small cost insurance pays to cover birth control isn't dwarfed by the enormous cost of an unintended pregnancy.
PRESIDING OFFICER: (SENATOR HARMON) Senator Cunningham, for what purpose do you rise?
Thank you, Mr. President. I move the previous question.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. There are three speakers seeking recognition. Senator Syverson, for what purpose do you seek recognition?
Thank you. Just a couple questions of the sponsor.
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that she will yield.
First, thank you for working with both sides in trying to come up with some kind of a -- an agreement to try to make this a little bit better. So I appreciate -- I appreciate that portion of it. A couple questions. We -- we talked about the -- this would allow an individual to get any -- any birth control pill available on the marketplace, regardless of what the cost would be. Is that…
PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson.
Yes, if their doctor recommends it. 57 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson.
So the concern -- and -- and we don't -- we don't do that in any other area. I know we've had issues before with epilepsy and diabetes and cholesterol, where people have different reactions to that. So we -- in other areas where people are allowed to do that, they have different steps; that if you want a drug that's not on that approved list, then you pay something more for it - and that's just a way to try to keep the cost down. Some of these birth control costs are enormous and if an insurance company doesn't have a contract with that particular company and now they have to provide that at no cost to the consumer, that could be -- that could add significant cost to the health care. Did they -- did anyone bring up the range of what the -- of what the prices are from the most expensive to the -- the most costly birth control pill that's available on the market today?
PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson.
So, right now, we -- for our Medicaid patients, we don't allow utilization controls, which is what you're referring to. That's when you -- when the insurance company decides to put in these different barriers and things to -- so -- to control costs. For our Medicaid population, we don't allow that. Senate Bill -- or House Bill 5576 really would -- would extend those protections to all the other women that we have in our Medicaid provider thing. The other point you've raised about cost - you know, there was a study done in April -- in March or April for Express Scripts, which 58 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 is who Illinois used to use. They came out and said that they spend fourteen dollars and forty-six cents or so per member per month on birth control. So to argue that there's a cost impact about this is -- is a little far-reaching when it's less than fifteen dollars per year {sic} per member to cover birth control coverage. And then when you compare that to almost twelve thousand dollars for an uncomplicated birth and all the other things that could possibly go wrong with that, this is -- the cost factor, I think, is -- is way more born out on the side of insuring birth - - insuring comprehensive birth control coverage for women who need it.
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson.
Thank you. The Express Script {sic} (Scripts) average cost, the fourteen forty-six, that's a -- that's an average based on the current contract that they have right now. But question was, what's the range? Because I know some birth control costs can be in the hundreds of dollars a month for certain brands that aren't on the formulary list. Do we know what the -- what the most expensive drug that's now going to be on this that's not on currently, what is the monthly cost for that non-negotiated -- that non-negotiated drug that the carrier's going to have to now provide?
PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson.
So, no, I don't have a cost for you for the most expensive birth control that could possibly be on the list. Typically, when 59 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 we make laws, we work on averages, but I will say that this bill does not prevent insurance companies from negotiating drug prices and it allows insurance plans to limit their formularies when two or more drugs are identified as therapeutically equivalent by the U.S. Food and Drug Administration. This means they have the same active ingredients and safety profile and can reasonably expected to act the same way in the body. This bill doesn't do anything to stop insurance companies from negotiating drug prices that are beneficial to their insured.
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson.
I understand now. I guess the problem is, it's very hard to negotiate with a -- a drug company if the drug company -- 'cause the only reason drug companies discount it now is because they're either going to be -- they're -- you have different companies offering the same product and so you negotiate that, but it's going to be hard for the State to negotiate or a carrier to negotiate with a pharmaceutical company if they know that every one of those drugs has to be offered. Why would a company want to give a insurance company a discount when they know that insurance company has to buy that drug and they have to pay whatever the price is? They're less likely to discount it. Currently, that's the case because a -- a company could have -- there could be ten drugs out there for a certain diabetic condition and they'll negotiate with them and say, if you give us a good rate, you're on our preferred list; if you don't, we're going to put you on the non-preferred list and you have to -- the employee has to pay a higher amount. That's how you negotiate a price. But if every pharmaceutical 60 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 company knows that that drug has to be offered, they're -- we're not going to be able to negotiate a good price. And I guess the concern is, if we have people taking what was going to be the most expensive drug and instead of it costing fourteen dollars, we could be talking about hundreds of dollars a month for the high-end, most expensive non-negotiated drugs that are out there. And so, again, that's -- that's a concern when we look at that price differential, because even -- people won't be able to get that -- free contraceptives if they can't afford the insurance and we've -- we're making insurance so good now, no one can afford it. A couple other quick questions. You had mentioned that research shows that getting a twelve-month prescription is going to -- is -- is going to be helpful and -- and save unwanted pregnancies. How many other states have this twelve-month in place that carriers are paying for twelve months of coverage?
PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson.
Hold on. We have -- I will tell you what states in just a minute.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson.
California, Oregon, D.C., and Maryland.
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson.
Thank you. Those -- in those four states, do they -- do they give twelve month of -- twelve months of actual -- the -- 61 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 prescription or do they give a twelve-month prescription, where they have a rolling prescription, where they can go in and get that refilled? Do they actually give that person in those states twelve months' supply of birth control when they go in there? My understanding is that's not the case. They get a twelve-month script, which then you can take to the pharmacy. You don't have to get it -- you don't have to have the doctor call it in. It's a twelve-month script. But are you sure that these four -- those four states actually give them a twelve-month supply of the prescription?
PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson.
Yes. Twelve months dispensed at once - up to.
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson.
And the last question, 'cause I know this is going to get confusing when we go out and tell people that they're -- they now have the ability to have any -- any drug, any birth control drug. Who is going to be excluded from this plan? Who is not covered under this bill, now that we're passing it in Illinois?
PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson.
Okay, want to -- I want to go back to one of the things you just mentioned before. When there is a birth control -- or if there's a contraceptive in a classification that has an equivalent, then insurance companies can say, we're going to do this and equal 62 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 because they're in the formularies in the same place. And those options could also be generic. So I don't know that I would necessarily clarify this that you can have anything you want. It still allows insurance companies to do some sorts of control to control for those kinds of issues. In terms of who's excluded from this, all of the decision -- the decision that -- the Supreme Court decision that came down with Hobby Lobby, where a closely held corporation with closely held religious beliefs wanted to opt out, they are still able to do this. This would not impact that. Religious employers and other affiliations, religiously affiliated organizations, would still fall under the exact same provisions that are there under federal law. They would fill out the exact same exemption waiver request under federal law. This bill does not change the fact that we cover birth control -- or contraceptive coverage in insurance. This is really just getting at how we dispense it so we can remove unnecessary and costly burdens to women as they manage their own lives.
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson, do you have more?
Just -- yeah. Just one more. In addition to those lists of exclusions, also all ERISA plans would be excluded too. Is that correct?
PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson.
So this law will apply only to small group and individual plans sold in the State of Illinois. So these large group and self-insured plans are regulated federally. So there's no State 63 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 law which would impact those plans.
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson.
That's always a concern when we pass new mandates on -- in Illinois. Most people don't always realize this, that the majority of people in Illinois are covered under ERISA-based plans. If you're working for a larger employer, not even larger, if you're working for an employer in most cases that have more than fifty employees, their plans are going to fall under ERISA. So what we're passing today, we just need to be reminding people back home that the majority of your constituents will not be affected by this. They will not get this. It's only a new cost that's going to be on the small employers, which we've all been hearing from, because the rates of costs going up for small employers and how they can hardly afford it and how more and more are dropping their coverage. So this legislation will affect in the end well under half the people in Illinois, because the -- the other half are going to -- more than the other half are going to be under the ERISA-based plans. So it always gets confusing with that. The last question I had is just -- just came to me, too, is, as a mandated cost, is this something that the State picks up? Or if this is a new mandate on health plans under ACA, didn't ACA state that any new added cost or mandates push that the -- the State would have to pay for, unless it's defined and maybe…
PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson. Senator Hutchinson.
One of the things that I wanted to make sure we didn't go 64 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 onto before was that the -- that what you talked about being confusing, about letting people know what's covered, and that this -- it is true that it only applies to small group and individual plans sold in the State, but large group -- benefits are always somewhat different plan to plan anyway. Large group plans are already regulated differently anyway, more so than small group and individual plans, so that's not -- the -- the point you raise is not unique to this legislation at all. That is -- that is an issue overall in terms of insurance and how we cover those things. And I asked you who picks up the cost? The Department of Insurance is neutral because they included an amendment to ensure that there'd be no State cost.
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson, do you have another question?
Sure, just a follow-up on that. Yes, you're right, and that's always a concern we raise about the mandate issue, that it gets very confusing. Every time we pass a new mandate, it's only on small employers, not on large employers. So, you're right, there is a number of issues we've passed over the years that make that confusing. So, totally agree with that. I guess the issue I raise would -- would be is, I thought under the new ACA law it said specifically under that law, any additional new cost or mandate that a legislature puts on -- onto non-ERISA-based plans that the State has to pick up that cost, not the employer, under the -- again, under the ACA law and I -- so I wasn't sure under this part, if there's an increased cost to this, is that cost -- does that fall under that clarification under ACA?
PRESIDING OFFICER: (SENATOR HARMON) 65 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 Senator Hutchinson.
During the negotiations, what came out is that this is birth control; it's not a new mandate. And the Department of Insurance is neutral because there is no State cost.
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson, this is your fourth last question.
Thank you. No, I just wanted to thank the Senator for taking the time to answer those questions and -- and appreciate your input on that. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Syverson. Senator Steans, for what purpose do you rise?
To the bill.
PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator.
Yeah, I want to thank Senator Hutchinson for bringing forth this bill. I think it's an incredibly important piece of legislation. Recent study, the -- for the most recent year of data that we've gotten in 2010, indicates that fifty-two percent of pregnancies in Illinois were unintended - fifty-two percent. We need to provide access. Make it as easy as we can for folks to have access to birth control. When we have unintended -- unintended pregnancies and births, we know what happens as a result of that. Many complicated things can result. It's not in taxpayer resident interests in the State of Illinois to have that happening 66 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 and this bill, I think, is doing an incredibly important job of reducing impediments. It can be for women to get access to the birth control that works for them. And there's -- no more personal decision a woman can make than what kind of birth control works for her. And making sure that we allow the option and flexibility for something that is very personal and really does work for each individual woman's body and how -- you know, is, I think, a huge step forward. Very appreciative of what we're doing here. Think this is an incredibly important bill and certainly encourage an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Our last speaker seeking recognition, Senator Lightford.
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that she will yield.
First, I'd just like to say to Senator Hutchinson, I appreciate her effort on ensuring that women have access and that the State of Illinois is not only -- under the ACA requirements, but that we also take an additional step to protect our women. I guess my question would be, considering that the ACA already mandates this, why will we need this particular law here in the State of Illinois?
PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson.
So the ACA's -- and thank you for that, because I think it's 67 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 probably at the core of some of the confusion about this bill, like why -- this was done at the federal level, why would we need to do this here? The ACA's requirement that all women's birth control be covered without cost-sharing is a welcome step forward, but many women still struggle to access it, so -- and access the birth control that works best for them. So this seeks to improve access to all FDA-approved birth control for all individuals while -- while we build on current State and federal law. So, you know, we're codifying some regulations in the federal language, but this is really at its core making sure women can manage -- manage their own lives, manage their ability to decide when or if they should have children and how to plan their families moving forward. There's nothing more - as Senator Steans noted - personal than that.
PRESIDING OFFICER: (SENATOR HARMON) Senator Lightford.
Just one follow-up question as I was listening to the debate. We know that it's a dire need and the urgency here in Illinois, but some of the discussion was around insurance and utilization and all of those things. I don't know if I -- if I'm clear on what are utilization controls and how do they affect access to birth control?
PRESIDING OFFICER: (SENATOR HARMON) Senator Hutchinson.
Utilization controls are strategies used by insurance companies to limit the use of prescription drugs or other services by their members. So they're things that you can put into stet 68 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 which would create a barrier to accessing your prescription. One would be requiring prior authorization. Another one is step therapy. That's where you start the practice of beginning using one kind of drug and then if -- if you fail on it, then you go to the next drug. Limiting coverage to generic drugs, even when those drugs don't have the same ingredients or the same safety profile. One of the things we did through our Medicaid coverage was make sure that there were none of those things in place for women who utilize birth control coverage through Medicaid. So what this bill does is expand that protection, that commonsense protection, to all women in the State of Illinois, because if you're in a situation then where you're confronted with not being able to access the kind of birth control you need and you end up bearing that full cost, which for some of these drugs could be forty-five dollars, fifty dollars, eighty dollars up front, then, you know, that's -- that's a barrier for poor women and women who are just above that threshold where they don't get it on Medicaid. So really full access to what the ACA provides tends to happen really for wealth -- for wealthy women. Everyone that falls kind of under that is still having, unfortunately, some barriers to access.
PRESIDING OFFICER: (SENATOR HARMON) Senator Lightford.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. I believe the sponsor has done an outstanding job in not only bringing the issue to the forefront, but also delivering it here on the Senate Floor. I encourage an Aye vote and thank her for her work.
PRESIDING OFFICER: (SENATOR HARMON) 69 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 Thank you, Senator. Senator Hutchinson, to close.
Thank you, Members of the Senate, for listening and for debating. I appreciate all the questions. Again, I just wanted to be sure that we weren't going to re-litigate whether or not we were -- whether we were going to cover insurance, but we were going to talk about the way in reality that real women experience the protections we have in federal law in order to access this most commonsense, widely available, widely used medical devices and prescriptions that ninety-eight percent of all sexually active women use in their lifetimes. This isn't new, but this is best practice. It's good science and it's good for the State of Illinois. So I would urge an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. The question is, shall House Bill 5576 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 35 voting Aye, 22 voting No, none voting Present. And House Bill 5576, having received the required constitutional majority, is declared passed. Senator Sullivan in the Chair.
PRESIDING OFFICER: (SENATOR SULLIVAN) Okay, Ladies and Gentlemen, we're still on page 18 of the regular Calendar on the Order of House Bills 3rd Reading. We have House Bill 5584. Senator Althoff. Mr. Secretary, let's go to House Bill 5593. Senator Bush. Senator Bush, on 5593. Mr. Secretary, please read the bill.
House Bill 5593. 70 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bush.
Thank you, Mr. President, Members of the Senate. HB 5593 requires that all programs licensed by the Department of Human Services which serve individuals with substance use issues must provide educational information concerning treatment options for opioid addiction, including the use of medication for opioid addiction treatment. This is simply just requiring those departments that -- that deal with this, in the literature that they hand out, hand out information that talks about treatment options for addiction. I know of no opposition and I urge an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 5593 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5593, having received the required constitutional majority, is declared passed. Next up, House Bill 5594. Senator Bush. Mr. Secretary, please read the bill.
House Bill 5594. (Secretary reads title of bill) 3rd Reading of the bill. 71 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bush.
Thank you, Mr. President, Members of the Senate. So this bill seeks to require drug courts to allow patients that are currently receiving medication for opioid addictions to continue taking that medication. It's just really directing those court programs that they're allowed to continue to take prescribed medication during the time they're working with the drug courts. I know of no opposition. Happy to answer questions. I'd urge an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Senator Rose, for what purpose do you rise?
Question, if I may.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates she will answer a question. Senator Rose.
Thank you, Mr. President. Senator Bush, are there any instances where a judge has overruled a medical physician in the -- in the furtherance of his duties to prescribe drugs?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bush.
No, I don't know that that has occurred. I don't know that it hasn't. It's just not something I have knowledge of.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Rose. 72 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016
So, I believe that actually health care is covered under the United States Constitution and I'm sure Senator Haine could -- could opine on this to some length, but I'm fairly certain, having been a prosecutor, that judges have no discretion at all to overrule a licensed physician when it comes to the treatment of a patient. So is this bill really necessary?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bush.
So I would say that really all this bill intends to do, which has wide support, is -- is to codify that practice.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Rose.
All right. Well, I guess I -- I would like to see or have someone give me some more information on why this would be necessary and it's not already covered under the existing Supreme Court case law related to the health of a patient. I mean, if a -- if a licensed physician is doing this anyway, I don't think a judge has any right under the Constitution to overrule that physician's prescription, but I'm -- I'm open, if you have anything else before you close here, to listen to additional arguments. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bush.
You know, I'd like to say that there -- there's an issue also that there could be a loss of -- if we don't codify this, there 73 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 could be a loss of funding for drug courts from federal money.
PRESIDING OFFICER: (SENATOR SULLIVAN) Seeing no further discussion, Senator Bush, do you wish to close? Senator Bush.
I'd just like to say I urge an Aye vote. I would -- happy to share with Senator Rose what we have on -- on the federal funding issue.
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, the question is, shall House Bill 5594 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5594, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, with leave of the Body, if you'll turn to the top of page 19. We're still on the regular Calendar. On the Order of House Bills 3rd Reading, we have House Bill 5602. Senator Nybo. Mr. Secretary, please read the gentleman's bill.
House Bill 5602. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Nybo.
Thank you, Mr. President. Actually, Representative Unes carried this bill in the House and he is here I see and hopefully 74 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 I do the bill as well as he did it over in the House where it passed nearly unanimously. Presently, nursing homes who receive a citation from the Department of Public Health can contest those findings through a process called informal dispute resolution. And in 2010, we passed legislation that would require the Department of Health -- Public Health to provide written reasons if they were rejecting the IDR findings. There's an argument that DPH is failing to comply with the statutory requirement, so the Illinois Health Care Association has brought forth this proposal. This is their initiative. And what this would do is it would say that if the Department of Public Health fails to provide written explanation of the reasons why evidence or arguments submitted for an informal dispute resolution were insufficient within sixty-five days of receiving the informal dispute resolution, then no penalty can be imposed on the nursing home. Again, there's no opposition to this bill. This is an initiative of the nursing home industry and I would be happy to answer any questions and ask for your Aye vote on this bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 5602 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 50 voting Aye, 2 voting Nay, 0 voting Present. House Bill 5602, having received the required constitutional majority, is declared passed. Next up, we have House Bill 5607. Senator Link. Mr. Secretary, please read the gentleman's bill. 75 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016
House Bill 5607. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.
Thank you, Mr. President. All this bill does is allow the State of Illinois to recover proceeds from unclaimed mature U.S. savings bonds and attempt to return the proceeds to the owner of the savings bonds. I know of no opposition to the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 5607 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5607, having received the required constitutional majority, is declared passed. House Bill 5610. Senator Anderson. Mr. Secretary, please read the bill.
House Bill 5610. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Anderson.
Thank you, Mr. President, Members of the Senate. This is -- 76 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 House Bill 5610 is an initiative of the Fire Protection District Association. What this bill does is it requires approval from the fire district that will be assuming the duties of a village or city department that is being dissolved. There is no opposition to this legislation. I would appreciate an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Ladies and Gentlemen, the question is, shall House Bill 5610 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5610, having received the required constitutional majority, is declared passed. House Bill 5611. Senator Haine. Mr. Secretary, read the bill.
House Bill 5611. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Haine.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This provides that a fire chief, in an effort to enforce provisions of the Fire Investigation Act, shall refer the matter to a State's Attorney to enforce the chief's orders in a county.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? The question is, shall House Bill 5611 pass. All those in favor 77 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5611, having received the required constitutional majority, is declared passed. House Bill 5613. Leader Harmon. House Bill 5649. Senator Barickman. House Bill 5651. Senator Harris. Mr. Secretary, please read the bill.
House Bill 5651. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harris.
Thank you, Mr. President and Members of the Senate. House Bill 5651 allows the Secretary of State, at his or her discretion, to select a vehicle's owner's birthday as the date of registration for the vehicle. There's no opponents and I request a favorable vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 5651 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 58 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5651, having received the required constitutional majority, is declared passed. House Bill 5656. Senator Althoff. Mr. Secretary, please read the 78 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 bill.
House Bill 5656. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Althoff.
Thank you much, Mr. President. House Bill 5656 simply amends the Children and Family Services Act to provide for grandparent and great-grandparent visitation of children who are in DCFS care.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Ladies and Gentlemen, the question is, shall House Bill 5656 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5656, having received the required constitutional majority, is declared passed. House Bill 5660. Senator Mulroe. Mr. Secretary, let's go to House Bill 5665. Leader Radogno. Mr. Secretary, please read the bill.
House Bill 5665. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Radogno.
79 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 Thank you, Mr. President, Ladies and Gentlemen of the Senate. This bill is -- this is a House bill version of a Senate bill we already passed unanimously out of here. It allows more discretion for foster parents to determine what extra-curricular activities their foster children may participate in without having to go through a lot of paperwork with DCFS. Would ask for your support.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 5665 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5665, having received the required constitutional majority, is declared passed. Next up, we have House Bill 5668. Senator Harris. Mr. Secretary, please read the bill.
House Bill 5668. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harris.
Thank you, Mr. President and Members of the Senate. House Bill 5668, the Floor Amendment 1 becomes the bill. It is -- it creates the task force -- the Youth Unemployment Task Force. It gives administrative support and technical support to -- from nongovernmental members of the task force -- of the task force to find the epidemic of what's going on with our youth becoming 80 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 employed not all around our State, in Chicago, in the -- in the southern portions of our State, to make sure that youth have an option to gain youthful employment. And I request a favorable vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 5668 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary -- Senator Harris. Take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5668, having received the required constitutional majority, is declared passed. Next up, we have House Bill 5683. Senator Nybo. Mr. Secretary, please read the bill.
House Bill 5683. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Nybo.
Thank you, Mr. President. As most of the Members of the Body know, we've had our issues with one of our local colleges, College of DuPage. This is another initiative as a result of the issues that have affected College of DuPage. This is a bill that will amend the Open Meetings Act to provide that if a person files a request for review of a potential Open Meetings Act violation with the Public Access Counselor at the Attorney General's Office, they 81 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 will then have sixty days after the decision by the Attorney General to resolve the request with a nonbinding opinion or means other than issuing a binding opinion. Basically, what this bill is doing is it's expanding the ability to enforce Open Meeting Act violations. It's a good government bill. It unanimously passed out of the House. I am aware of no opposition to this bill. Happy to answer questions and would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 5683 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 58 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5683, having received the required constitutional majority, is declared passed. House Bill 5684. Senator Nybo. Mr. Secretary, please read the bill.
House Bill 5684. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Nybo.
Thank you, Mr. President. I -- I am fortunate to share a district with two wonderful House Members. This is another initiative of the -- of the House Member, Representative Breen, whose bill we just unanimously passed. This is another good government bill. He's bringing some very interesting ideas to the 82 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 General Assembly. This is a bill that will create the Local Government Wage Increase Transparency Act - and that sounds wonderful, doesn't it? And what that's going to require is that you will have to -- anytime you're going to have a -- what's called a disclosable payment that might increase a pension under IMRF, that you're going to have to have a public meeting under the Open Meetings Act to discuss that salary enhancement prior to it impacting the IMRF pension. So it defines "disclosable payment". And basically, this is a good transparency bill. We're just bringing more disclosure to career-ending pension spikes, which I think a lot of us are not in favor of and then when we thought we'd done enough to try to drive that down, here's an additional way we can get control of that issue. Happy to answer questions. Ask for your support.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 5684 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are -- 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5684, having received the required constitutional majority, is declared passed. Next up, we have House Bill 5696. Senator Mulroe. Mr. Secretary, read the bill, please.
House Bill 5696. (Secretary reads title of bill) 3rd Reading of the bill. 83 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator -- Senator Mulroe.
Thank you, Mr. President, Members of the Senate. House Bill 5696 amends the Common Interest Community Association Act and the Community -- or Condominium Property Act to clarify the term "acceptable technology {sic} (technological) means" as it relates to conducting business within an association. The bill provides that acceptable -- technological means includes any generally available technical -- technology that, by rule of the association, is deemed to provide reasonable security, reliability, identification, and verifiability. I know of no opposition. I'd ask for your Aye votes.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 5696 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5696, having received the required constitutional majority, is declared passed. At the bottom of page 19, Ladies and Gentlemen, House Bill 5710. 5-7-10. Senator Syverson. Mr. Secretary, with leave of the Body, let's return to House Bill 5660. Senator Mulroe. 5660. Please read the bill.
House Bill 5660. (Secretary reads title of bill) 3rd Reading of the bill. 84 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Mulroe.
Thank you, Mr. President, Members of the Senate. This is an initiative of the Chicago Bar Association. 5660 amends the Public Construction Bond Act by providing that a verified notice of a claim for unpaid labor or material furnished to the State by a subcontractor is deemed filed on the date of personal service or on the date the notice is mailed. I know of no opponents. I'd ask for your Aye votes.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 5660 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5660, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, turn to the top of page 20 of the regular Calendar. Still on the Order of House Bills 3rd Reading, we have House Bill 5711 - 5711. Leader Althoff. Mr. Secretary, please read the bill. Mr. Secretary, Senator Althoff seeks leave of the Body to return House Bill 5711 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 5711. Mr. Secretary, are there any committee or Floor amendments approved for consideration?
Yes. Floor Amendment No. 1, offered by Senator Althoff.
PRESIDING OFFICER: (SENATOR SULLIVAN) 85 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 Senator Althoff, to present Floor Amendment 1.
Thank you, Mr. President. Floor Amendment 1 becomes the bill. I'll discuss it on 3rd.
PRESIDING OFFICER: (SENATOR SULLIVAN) Shh! Seems like a lot of noise behind you there, Senator Althoff. Is there any discussion on the amendment? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading, House Bill 5711. Mr. Secretary, please read the bill.
House Bill 5711. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Althoff.
Thank you very much, Mr. President. House Bill 5711 addresses the problem that we have with municipalities back billing residents for water issues that were caused by the water company. This bill limits it to a twelve-month going back period. It meets the requirements that the current ICC has in place so there's uniformity. It is the Illinois Attorney General's Office that actually handles these complaints and this bill was amended to 86 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 accommodate their request. I know of no opponents and I'd ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 5711 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5711, having received the required constitutional majority, is declared passed. Senator Murphy, for what purpose do you seek recognition?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point, Senator Murphy.
Mr. President, we're trying to work on this side of the aisle and I was wondering maybe -- it's -- it's getting a little loud over here 'cause Senator Cullerton is here. If you could maybe ask the Sergeant-at-Arms to usher him back to his seat so we could get some work done over here.
PRESIDING OFFICER: (SENATOR SULLIVAN) That would seem like a -- a -- a reasonable request. Ladies and Gentlemen, continuing on the Calendar, House Bill 5720. Senator Bennett. Senator Bennett seeks leave of the Body to return House Bill 5720 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading, we have House Bill 5720. Mr. Secretary, are there any Floor amendments approved 87 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 for consideration?
Floor Amendment No. 1, offered by Senator Bennett.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bennett, to present Floor Amendment 1.
Thank you, Mr. President. I would ask for its adoption and I will discuss it on 3rd.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion on the amendment? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments approved for consideration, Mr. Secretary?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading, House Bill 5720. Please read the bill.
House Bill 5720. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Bennett.
Thank you, Mr. President. 5720 is a House initiative that's trying to address the shortage of -- of qualified employees for computer science jobs. There's some statistics that suggest that there's over a hundred thousand computer science jobs in the State 88 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 that will go unfilled because we just don't have people that are -- that are qualified or getting the right training and so this will try to form a task force so they could -- we could improve this -- the current state of computer science education in the State. Ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 5720 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Oh! Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 53 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5720, having received the required constitutional majority, is declared passed. Senator Luechtefeld, I'm sorry. As to the late light, I did not see it come on until we'd already started the roll call. Okay, Ladies and Gentlemen, continuing on the Calendar, we have House Bill 5723. Senator Harris. Mr. Secretary, please read the bill.
House Bill 5723. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harris.
Thank you, Mr. President and Members of the Senate. House Bill 57 {sic} provides that a conviction for driving without insurance is a petty offense and this language basically clarifies the statute in light of the "Sign and Drive" legislation that -- 89 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 which passed out of here last year. And I'll request a favorable vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 5723 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 54 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5723, having received the required constitutional majority, is declared passed. House Bill 5729. Senator Biss. Mr. Secretary, please read the bill.
House Bill 5729. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Biss.
Thank you, Mr. President, Members of the Senate. House Bill 5729 is an outgrowth of work of the State's P-20 Council that dates back to 2012. In spring of 2015, there was a resolution passed that created four different advisory committees to build policies specifically around the question of how to create high impact strategies to prepare students for meaningful career and college opportunities. This bill reflects the outcome of that process and there's four main components. One is to create a postsecondary and career expectations framework to provide guidance throughout middle grades and into high school. One is the -- a pilot to 90 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 create competency-based high school graduation requirements. One is an approach to try to reduce the need for postsecondary remedial rates, especially in math, by identifying need earlier in high school and then having high impact interventions. And the last is a career and college pathway endorsement on high school diplomas. This is the outcome of a great deal of work from a variety of stakeholders. The bill has been amended even a few times in the Senate to further make sure that all different stakeholders are comfortable and, at this point, there's no opposition. I'd be certainly appreciative of your support and happy to answer any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Senator McGuire, for what purpose do you seek recognition? SENATOR McGUIRE: Thank you, Mr. President. Questions of the sponsor for purpose of legislative intent, please.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield for questions. Senator McGuire. SENATOR McGUIRE: Thank you. The first of five questions: What is the reason for limiting the number of pilot programs in competency-based graduation, Senator?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Biss.
…you -- thank you. Here is the longest of five answers. There are certain to be unintended consequences in any new program. While the idea of competency-based graduation is both a 91 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 theoretically sound and necessary change if our education system is to remain focused on the needs of students, it is important to limit the number of students who are affected by potential unintended consequences that are often part of any pilot programs. Further, it is important that only the most thoughtfully designed programs be implemented. The idea is to learn from these pilots so that competency-based graduation can be brought to scale in Illinois. Careful, thoughtful selection of the best proposals by the State Superintendent will both limit the exposure of students to errors made as we develop and perfect district programs while leading us most quickly to a set of best practices in this field. Each successive annual cohort of programs will, then, have a knowledge base on which to build as we strive to perfect this program within Illinois school districts.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McGuire. SENATOR McGUIRE: Thank you, Senator. Next: The language of the bill makes reference to a partnership between licensed teachers and other providers of instruction in the verification of both the assessment of competency and the verification that a student has reached a level of knowledge and skills to be granted the competency by the school district. What is the intent of that language?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Biss.
There are clearly cases when a partnership other than a teacher would benefit student learning. The public school will remain responsible for the final evaluation of the competency in 92 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 subject areas and the student's readiness to transition from school to the workplace or to matriculate into the higher education system. In order to ensure the rigor and quality of both instruction and the assessment of competency, a partnership between teachers and other providers of instruction is necessary. The intent of the law is to ensure that this partnership is part of any program that provides instruction from other than licensed teachers who are employees of the public school district.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McGuire. SENATOR McGUIRE: Thank you. Question number three: Senator, the bill grants the State Superintendent the authority to grant waivers from current statute and rule to school districts as part of the approval of pilot programs in competency-based graduation. Why are such waivers important?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Biss.
There will clearly be cases in which a waiver of State mandates will enhance the efficiency and effectiveness of instruction inside these pilot programs. These waivers should be granted.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McGuire. SENATOR McGUIRE: Thank you. Senator, my penultimate question: Why allow the State Superintendent to approve waivers? Why not simply use the existing waiver process with the General Assembly approving the 93 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 requests?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Biss.
The intent of the language is not to offer an alternative pathway to an unlimited number of waivers for school districts. However, the current process is both time consuming and subject to the annual timeline used by the General Assembly. Part of the intent is that the process be streamlined so that waivers may be granted in a timely manner as pilot programs are approved. The intent of the language is that the State Superintendent will apply a rigorous process when considering waivers to ensure they have the necessary support and that they are truly needed to implement the competency-based learning system.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McGuire. SENATOR McGUIRE: Finally: Senator, is it the intent to waive out of mandates such as drivers ed, physical education, or third-party contracting?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Biss.
No.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any further discussion? Seeing none, Senator Biss, you wish to close? Ladies and Gentlemen, the question is -- excuse me, a late light. Senator Noland, for what purpose do you seek recognition? 94 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016
Yeah, I was just going to say, I didn't quite get all of that legislative intent. Can we go over that one more time?
PRESIDING OFFICER: (SENATOR SULLIVAN) It's part of the record. Ladies and Gentlemen, the question is, shall House Bill 5729 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5729, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, Mr. Secretary, with leave of the Body, we'll return to House Bill 5613. 5613. Leader Harmon. 5613. Mr. Secretary, please read the bill.
House Bill 5613. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 5613 is identical to our Senate Bill 3067, which passed the Chamber unanimously. It creates the Law Enforcement Information Task Force to study both a -- an electronic criminal discovery process and the information sharing between law enforcement agencies. There's no opposition and I ask for your Aye votes.
PRESIDING OFFICER: (SENATOR SULLIVAN) 95 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 5613 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 58 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5613, having received the required constitutional majority, is declared passed. Okay, Ladies and Gentlemen, we're going to continue where we had left off in the regular Calendar. We are in the middle -- towards the middle of page 20, House Bills 3rd Reading. House Bill 5755. Senator Koehler. Mr. Secretary, please read the bill.
House Bill 5755. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Koehler.
Thank you, Mr. President, Members of the Senate. This is a cleanup bill to make sure that Illinois law is in sync with federal law. This relates to credit unions. It talks about prepayment penalties and what happens when a merger occurs. Know of no opposition. Appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 5755 pass. All those in favor will vote Aye. Opposed, vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the 96 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5755, having received the required constitutional majority, is declared passed. House Bill 5756. Senator Hastings. Mr. Secretary, please read the bill.
House Bill 5756. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hastings.
Thank you, Mr. President, Members of the Senate. This is a bill that - from the Department of Military Affairs - that updates the statute of -- for Military Code. It updates the antiquated language or where it conflicts with current federal processes. There's no opponents and I'll answer any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall House Bill 5756 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 58 voting Aye, 0 voting -- 58 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5756, having received the required constitutional majority, is declared passed. House Bill 5771. Leader Harmon. Mr. Secretary, please read the gentleman's bill.
House Bill 5771. 97 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. House Bill 5771 is a trailer bill to our good work responding to the Supreme Court's decision in Miller against Alabama relating to juvenile mandatory life sentences. It corrects cross-references and an errant reference to a mandatory life sentence that should no longer be in the law. I'd ask for your Aye votes.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 5771 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 55 voting Aye, 1 voting Nay, 0 voting Present. House Bill 5771, having received the required constitutional majority, is declared passed. House Bill 5775. Senator Mulroe. Mr. Secretary, please read the bill.
House Bill 5775. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Mulroe.
Thank you, Mr. President, Members of the Senate. This is an 98 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 initiative of the Department of Healthcare and Family Services. House Bill 5775 changes the Vital Records Act, requiring that the elements of the voluntary acknowledgement of paternity form, denial of parentage form, recession {sic} (rescission) of voluntary acknowledgment of paternity form -- or denial of parentage form correspond with federal requirements. I know of no opponents. I'd ask for your Aye votes.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, the question is, shall House Bill 5775 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 57 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5775, having received the required constitutional majority, is declared passed. House Bill 5781. Senator Connelly. Mr. Secretary, Senator Connelly seeks leave of the Body to return House Bill 5781 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading, House Bill 5781. Mr. Secretary, are there any committee or Floor amendments approved for consideration?
Yes. Floor Amendment No. 2, offered by Senator Connelly.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Connelly, to present Floor Amendment 2.
Thank you, Mr. President, Members of the Senate. I move to adopt the amendment and will discuss it on 3rd.
PRESIDING OFFICER: (SENATOR SULLIVAN) 99 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 Thank you. Is there any discussion on the amendment? Seeing none, all those in favor will say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Are there any further Floor amendments, Mr. Secretary, approved for consideration?
No further amendments reported, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading, House Bill 5781. Mr. Secretary, please read the bill.
House Bill 5781. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Connelly.
Thank you, Mr. President, Members of the Senate. House Bill 5781 amends the State Police Act, the Police Training Act, the County {sic} (Counties) Code, and the Safe Pharmaceutical Disposal Act. It codifies the authority of police officers, coroners, and medical examiners to dispose of unused medications found at the scene of a death following consultation with the investigating law enforcement agency. This is an initiative of the DuPage County coroner. I know of no opposition.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Ladies and Gentlemen, the question is, shall House Bill 5781 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 100 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 all voted who wish? Mr. Secretary, take the record. On that question, there are 58 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5781, having received the required constitutional majority, is declared passed. Senator Harmon in the Chair.
PRESIDING OFFICER: (SENATOR HARMON) On page 20 of your printed Calendar, House Bill 5785. Mr. - - Senator Lightford, do you wish to proceed? Mr. Secretary, please read the bill.
House Bill 5785. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Lightford.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. This is a bill that makes the Urban Weatherization (Initiative) program more effective. We passed this bill last year to the House and they did not act on it. Surprisingly, this year, they acted on it first and sent it over to us. So the bill offers policy solutions to changes faced by the UWI and other weatherization programs. With or without this bill, programs are at work in Illinois communities today. A vote for the bill is a vote to improve the program based on the wisdom of the stakeholders and lessons learned. Energy efficiency programs are not new to Illinois and some already use the federal prevailing wage classification for weatherization workers. Illinois has no prevailing wage for weatherization workers. This has led to confusion for grantees and inconsistent pay rates for 101 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 participants. Consistent, predictable wage rates for similar skills on similar worksites are essential for the successful -- the success of the weatherization program. It requires two voting members. It increases the caps on homes from sixty-five hundred to ten thousand. It raises the ceiling amount from five hundred thousand to two million. It maintains the fifteen percent limit for administrative purposes. It establishes the federal prevailing wage for weatherization work and ensures that weatherization workers for all DCEO-administered weatherization programs are paid a fair and livable wage. It ensures that weatherization work is clearly and consistently defined and that administers {sic} and employees have clear directives on wage determinations. And lastly, it directs the -- DCEO to integrate the UWI program with available federal funding energy efficiency programs to capture all potential income from the federal government. I'll be happy to answer questions.
PRESIDING OFFICER: (SENATOR HARMON) Thank you. Is there any discussion? Senator McCarter, for what purpose do you rise? SENATOR McCARTER: Question of the sponsor.
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that she'll yield. Senator McCarter. SENATOR McCARTER: Sponsor -- Senator, let me ask you this, how many -- how many homes do you know were improved by this program in the past?
PRESIDING OFFICER: (SENATOR HARMON) Senator Lightford.
102 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 Just one second. I had those numbers when I passed this bill last year. I don't see 'em in my folder, so let me see if they're actually in the analysis. Just one moment, please.
PRESIDING OFFICER: (SENATOR HARMON) Senator Lightford.
I do not see that number in the analysis, but what I do recall was that it was less than a thousand homes and that was one of the reasons why we wanted to improve on the Weatherization Act, so that there could be an increase in the amount per home so that more money would go directly into the home opposed to administrative costs and fees. So this is one of the areas that I know we were wanting to work on and correct.
PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter. SENATOR McCARTER: Okay, so there are parts of the bill that -- that are good for the program, but I will -- let me just give you a number. In 2014, only a hundred and eighty-three homes were upgraded under this initiative - a hundred and eighty-three. In 2014, one hundred and eighty three were upgraded under this initiative. With the - - the -- with mandating that the -- the federal prevailing wage apply, given that these same amount of dollars will most likely be granted for this, do you expect that more or less homes will be upgraded?
PRESIDING OFFICER: (SENATOR HARMON) Senator Lightford.
I -- I would guess that more homes would be able to be upgraded 103 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 in this program. And there is no State prevailing wage; that is the reason why we would like to coincide with the federal wage.
PRESIDING OFFICER: (SENATOR HARMON) Senator McCarter, do you have another question? Senator McCarter. SENATOR McCARTER: To the bill.
PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator. SENATOR McCARTER: Ladies and Gentlemen, that -- there are a few good things about this bill, a few good changes, but that math doesn't work. You have the same amount of money, you raise the cost of labor, and you will be able to -- you will be able to service and upgrade fewer homes and fewer families in the program. I suggest this is the element of the bill that caused the -- caused DCEO to be an object -- object to and sign in opposition to the bill. So I would -- I would respectfully urge a No vote.
PRESIDING OFFICER: (SENATOR HARMON) Is there any further discussion? Senator Oberweis, for what purpose do you rise?
Question of the sponsor.
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that she'll yield, Senator Oberweis.
Senator, can you explain how that prevailing wage is actually determined?
PRESIDING OFFICER: (SENATOR HARMON) 104 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 Senator Lightford.
By the federal Department of Labor.
PRESIDING OFFICER: (SENATOR HARMON) Senator Oberweis.
Thank you. I didn't ask by whom. I asked how.
PRESIDING OFFICER: (SENATOR HARMON) Senator Lightford.
I'm not a congresswoman, Senator, so we're following the federal restrictions. I don't know how they determine what they do. Here, at the State level, we do not have a prevailing wage, so I would like to line us up with the federal wage.
PRESIDING OFFICER: (SENATOR HARMON) Senator Oberweis.
So if I understand what you're saying, I believe you're saying that you don't understand how the prevailing wage is determined. Is that -- that's correct?
PRESIDING OFFICER: (SENATOR HARMON) Senator Lightford, would you like to respond?
I -- I would like to just say to the Senator that this is a wonderful program. We'd like to line ourselves up with the federal wage for the weatherization program. We do not have a -- a State prevailing wage and the previous speaker said that would cost more. Actually, this would lower the cost because now there's a set standard that is used by the federal government and all states 105 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 unless they establish their own. We're lining ourselves up with what the federal government and all of our other neighboring states are doing.
PRESIDING OFFICER: (SENATOR HARMON) Senator Oberweis.
Senator, I want to make sure I understood what you said. You just said that -- I believe you said that the use of the prevailing wage would lower the cost rather than raise the cost. Is that correct?
PRESIDING OFFICER: (SENATOR HARMON) Senator Lightford.
Yes, for this particular program, it does. So perhaps you ought look up weatherization and find out what it means.
PRESIDING OFFICER: (SENATOR HARMON) Senator Oberweis.
Well, I appreciate the discussion. I --- I guess, we're going to have to disagree. I -- I think it's pretty clear that the use of prevailing wage virtually always will drive up the cost. I think it's clear that there's not a good understanding by how much it will drive up the cost, but the estimates that I've seen are approximately twenty percent. And it seems to me like the money could be used on this program, more people could be involved, if we were not using prevailing wage and I urge a No vote.
PRESIDING OFFICER: (SENATOR HARMON) Senator Cunningham, for what purpose do you rise?
106 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 Thank you, Mr. President. I move the previous question.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. There's just one speaker seeking recognition. Senator Righter, for what purpose do you rise?
Will the sponsor yield, please, Mr. President?
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that she will yield.
Thank you. Senator Lightford, I've been trying to listen to the discussion here and I do -- I -- I'm not sure I understand. Is it your belief and -- based on your familiarity with the program, that attaching this requirement with regards to the federal prevailing wage will increase the cost to the program or, put another way, if there's the same amount of money in the program, that fewer homeowners will get served?
PRESIDING OFFICER: (SENATOR HARMON) Senator Lightford.
So what I'm trying to do is -- is right a wrong. The program wasn't set up to the satisfaction that it could be a good program. So there was - I found in my folder from last year - there was only one hundred and eighty-three homes that was completed, according to the Chicago Jobs Council, but they expected at least a thousand homes would have been improved thus far overall. So the goal was just to put some restrictions in place to strengthen the Board, to make sure there's individuals on the Board who are in the weatherization field, they know exactly what it is that they should be doing and how the program should be ran, and instead 107 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 of many of those dollars going towards administrative costs, that it would be structured so that everyone would receive the same pay across the board, which would be the federal prevailing wage, and then there will be more dollars to go into the actual benefit of the home, weatherizing the home, opposed to going towards administrative costs and salaries of the individuals who were doing the work. So this was actually to try to streamline that program, lining up so that it's consistent, that it's effective, and that it's actually delivering the job that it's set up to do.
PRESIDING OFFICER: (SENATOR HARMON) Senator Righter.
Senator, thank you for that. And I -- I think I understand and certainly appreciate the -- the reforms that you've -- that you've put in this bill with regards to the program, such as not allowing administrative costs to exceed fifteen percent. The -- the fly in the ointment here is the federal prevailing wage. It's my understanding that -- that DCEO would support it but for that provision. So I'm asking you to address not the other reforms but simply the federal prevailing wage provision you've put in. One, my question is, does that increase the costs per project? One, does it increase the costs per project? And two, your motivation for putting it in the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Lightford.
So, Senator, one of the problems that we recognized was that the -- the workers were be -- being identified as a carpenter, so they were getting paid forty-nine dollars an hour, which wasn't 108 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 the intent of the weatherization program. It was to take unskilled workers, put them through training and put them on a job site. Because we don't have a weatherization category in the State of Illinois to determine what their pay ought to be, we're seeking to use the federal prevailing wage, who do have a weatherization program, and line ourselves up with the federal government so that we're not overpaying these individuals who just completed a training program for weatherization forty-nine dollars an hour. So, if we lower their pay to about twenty bucks an hour, much less than the forty-nine dollars an hour, then there would be additional dollars that will go into actually rehabbing the homes. So, then, the homes can receive heating, cooling, better windows, air- conditioning, all the things that the weatherization provide for. We want that money to go into the home and not so much as into the -- the -- the unskilled worker's pocket.
PRESIDING OFFICER: (SENATOR HARMON) Senator Lightford, would you like to close? Senator Lightford.
Thank you, Mr. President. Ladies and Gentlemen of the Senate, this is a measure, again, that passed the Senate before. The House didn't entertain it. For whatever reason, they worked on it and they sent it back to us finally this year. I'm happy to see it here because it's a noteworthy program but we were not getting our just due from the program. I think if we line ourselves up with the federal government in ensuring that wages are fair, they're not being overpaid, they're not getting paid for a category that they're not skilled in, and allow more homes to be serviced, that that will allow better opportunity for all of us in the State of 109 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 Illinois. I urge an Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Thank you. The question is, shall House Bill 5785 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 37 voting Aye, 17 voting No, none voting Present. House Bill 5785, having received the required constitutional majority, is declared passed. Ladies and Gentlemen of the Senate, we're going to -- pause for a moment to allow the Committee on Assignments to meet. Would all members of the Committee on Assignments please report to the President's Anteroom? Senator Righter, for what purpose do you rise?
On a point of personal privilege, if I might, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Please state your point, Senator.
Thank you, Mr. President. Ladies and Gentlemen of the Senate, in the gallery directly above me, I have a very special group of -- of citizens and constituents from a small community in my district called Neoga. And I'm going to ask them to stand as I read their names - Ed Brick, Brenda Evans, Diana Foor, Karen Lindley, Jennifer Mattern, William Mattern, Randy Mendenhall, Wayne Modglin, and Paula Rupel. And the reason that I'm introducing these folks is -- and we saw it earlier today, we named a highway for an individual in the armed forces who had been killed. These -- these -- this group, in this small community, have worked for two years, bake -- doing everything they can to 110 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 raise money and put together materials to erect a veterans' memorial in the community of Neoga. They broke ground on it recently. They're here at the Capitol just seeing what we do today. And I'm just going to ask everyone to please rise and give them a warm welcome in their efforts on behalf of men and women in our armed forces. Thank you very much.
PRESIDING OFFICER: (SENATOR HARMON) Let's welcome our guests in the gallery to the Illinois State Senate. Ladies and Gentlemen of the Senate, the Senate will stand at ease for a few moments to allow the Committee on Assignments to meet. Will all Members of the Committee on Assignments please report immediately to the President's Anteroom? Senator Sullivan in the Chair.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator McGuire, for what purpose do you seek recognition? SENATOR McGUIRE: Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please -- please state your point, Senator McGuire. SENATOR McGUIRE: Ladies and Gentlemen of the Senate, it is a sublime pleasure for me to introduce a former Member of this Chamber, now the Will County Executive, one of the best loved men to ever serve in this room - Will County Executive, Larry Walsh, Sr.!
PRESIDING OFFICER: (SENATOR SULLIVAN) Executive Walsh, welcome to the Senate. Good to see you, Larry. Welcome back. Mr. Secretary, Messages from the House.
A Message from the House by Mr. Mapes, Clerk. 111 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to wit: Senate Bill 637. Together with the following amendments which are attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendments 1 and 2 to Senate Bill 637. We have received like Messages on Senate Bill 1564, with House Amendment 1, and Senate Bill 2138, with House Amendment 1 {sic} (and 2). Passed the House, as amended, May 25th, 2016. Timothy D. Mapes, Clerk of the House. A Message from the House by Mr. Mapes, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed a bill of the following title, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 3689. Passed the House, May 25th, 2016. Timothy D. Mapes, Clerk of the House.
PRESIDING OFFICER: (SENATOR SULLIVAN) Mr. Secretary, House Bills 1st Reading.
House Bill 3689, offered by Senator Sandoval. (Secretary reads title of bill) 1st Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Mr. Secretary, let's go to death -- let's go to Resolutions.
112 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 Senate Resolution 1926, offered by Senator Koehler and all Members. It is a death resolution, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Resolutions Consent Calendar. (at ease) The Senate will come to order. Mr. Secretary, Committee Reports.
Senator Clayborne, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to Executive Committee - Floor Amendment 2 to Senate Bill 346, Floor Amendment 1 to Senate Bill 519, Floor Amendment 1 to Senate Bill 584, Floor Amendment 1 to Senate Bill 1050, Floor Amendment 2 to Senate Bill 1050, Floor Amendment 1 to House Bill 2643, and Floor Amendment 2 to House Bill 6292; refer to Insurance Committee - Floor Amendment 1 to Senate Bill 465, Committee Amendment 1 to House Bill 4633, and Senate Joint Resolution 58; refer to Labor Committee - Committee Amendment 1 to House Bill 3554; refer to Licensed Activities and Pensions Committee - Floor Amendment 1 to Senate Bill 304, Committee Amendment 1 to House Bill 1646, and House Bill 5603; refer to Revenue Committee - Floor Amendment 1 to Senate Bill 520; refer to State Government and Veterans Affairs Committee - Senate Resolution 1914; Be Approved for Consideration - Senate Bills 167, 168, 325, 326, 327, Floor Amendment 1 to Senate Bill 2051, Floor Amendment 4 to House Bill 229, and House Bill 813. Signed, Senator James F. Clayborne, Chairman.
PRESIDING OFFICER: (SENATOR SULLIVAN) Okay, Ladies and Gentlemen, if I can have your attention for committee announcements. If you'll listen up for committee 113 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 announcements, both this afternoon and tomorrow morning. First of all, Executive will meet today in Room 212 at 4:15 - Room 212 at 4:15. Licensed Activities and Pensions will meet today at 4:15 in Room 400. And State Government and Veterans Affairs will meet today at 4:15 in Room 409. Revenue will meet today, this afternoon, at 5 o'clock in Room 212. Insurance will meet today at 5 o'clock in Room 400. Agriculture will meet tomorrow morning at 9:30 a.m. in Room 409. Labor will meet tomorrow morning at 10 o'clock in Room 400. Financial Institutions will meet tomorrow morning at 10 a.m. in Room 409. And Executive will meet tomorrow at 11 o'clock in Room 212. I'll run through those one more time. Exec, this afternoon, 4:15, Room 212. Licensed Activities and Pensions, this afternoon at 4:15 Room 400. State Government and Veterans Affairs, today at 4:15 in Room 409. Revenue, tomorrow - - excuse me, today, 5 o'clock in Room 212. Insurance, this afternoon at 5 o'clock in Room 400. Agriculture, tomorrow morning at 9:30 in Room 409. Labor, tomorrow morning at 10 o'clock in Room 400. Financial Institutions, tomorrow at 10 o'clock in Room 409. And Executive will meet again tomorrow at 11 o'clock in Room 212. Senator Harmon, for what purpose do you seek recognition?
Thank you, Mr. President. I move to waive all notice and posting requirements so that House Bill 3554 can be heard tomorrow at 10 a.m. in the Senate Labor Committee.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon moves to waive all notice and posting requirements so that House Bill 3554 can be heard tomorrow at 10 a.m. in the Senate Labor Committee. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the notice and posting 114 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 requirements have been waived. Senator Link, for what purpose do you seek recognition?
Thank you, Mr. President. I move to waive all notices and posting requirements so that House Bill 5603 can be heard today at 4:15 in the Senate Licensed Activity {sic} (Activities) Committee.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Senator Link moves to waive all notice and posting requirements so that House Bill 5603 can be heard today at 4:15 in the Senate Licensed Activities Committee. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and all notice and posting requirements have been waived. Senator Link, for what purpose do you rise?
Thank you, Mr. President. I move to waive all notice and posting requirements so that House Bill 5628 can be heard today at 5 p.m. in the Senate Insurance Committee.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link moves to waive all notice and posting requirements so that House Bill 5628 can be heard this afternoon at 5 o'clock in the Senate Insurance Committee. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and all notice and posting requirements have been waived. Senator Koehler, for what purpose do you seek recognition?
Thank you, Mr. President. I move to waive all notice and posting requirements so that House Bill 1646 can be heard today at 4:15 in the Senate Licensed Activities and Pensions Committee.
PRESIDING OFFICER: (SENATOR SULLIVAN) 115 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 Senator Koehler moves to waive all notice and posting requirements so that House Bill 1646 can be heard this afternoon at 4:15 in the Senate Insurance {sic} Committee. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and all notice and posting requirements have been waived. Senator Mulroe, for what purpose do you seek recognition?
Thank you, Mr. President. I move to waive all notice and posting requirements so that Senate Joint Resolution 58 can be heard today at 5 p.m. in the Senate Insurance Committee.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Mulroe moves to waive all notice and posting requirements so that Senate Joint Resolution 58 can be heard this afternoon at 5 o'clock in the Senate Insurance Committee. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and all notice and posting requirements have been waived. Okay, Ladies and Gentlemen, we're back on the regular Calendar, on the Order of House Bills 3rd Reading. If you'll turn to page 15 of the regular Calendar, House Bill 4360. Senator Van Pelt, do you wish to proceed? Indicates she does. Mr. Secretary, please read the bill.
House Bill 4360. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Van Pelt.
Thank you, Mr. President. House Bill 4360 includes the language recommended by the Governor in the amendatory veto of 116 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 House Bill 494. Last year, the Illinois General Assembly passed House Bill 494 with strong bipartisan support. The Governor issued an amendatory veto -- amendatory veto of the bill and it made technical changes, nothing substantive. So House Bill 4360 includes all of the Governor's recommendations. This bill will increase job opportunities for people with criminal records. And puts hiring decisions back into the hands of local school districts without compromising public safety. It removes a handful of misdemeanors from the list of offenses that have a lifetime bar or any statutory waiting period. Under the School District {sic} Code, prostitution, public indecency, and low-level cannabis possession, and possession with intent when it's fewer than ten grams are all under a lifetime bar. This bill removes that from -- those handful of misdemeanors from the lifetime bar listing. The reason why we need this bill is because forty-two percent of Illinois adults now in Illinois have criminal records and nearly half of all American children have at least one parent with a criminal record. So we -- we have to figure out how to rebalance our reentry laws and put in place sensible policy and -- that protects safety while allowing individuals to regain access to the job force so they -- that they can become productive taxpaying citizens. I urge an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Senator Righter, for what purpose do you seek recognition?
Will the sponsor yield, please, Mr. President?
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates she will. Senator Righter. 117 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016
Thank you. Senator Van Pelt, during your opening on the bill, you mentioned a statistic, forty-two percent of adult Illinoisans, and I think you went on to say, have some sort of criminal conviction, and then I lost the rest of it. Can you read the rest of that, I mean, what that forty-two percent exactly encompasses?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Van Pelt.
This -- this is through -- thank you so much, Senator Righter. This is through the National Employment Law Project's research that estimate that approximately forty-two percent of all Illinois adults have a criminal record and nearly half of American children's -- children have at least one parent with a criminal record. And right here in Illinois, we have five hundred barriers to reentry in regards to employment under Illinois law.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.
Senator, it's my understanding that one of the - and you described, again, in your opening - the handful of misdemeanors that would be removed as crimes that would provoke a lifetime bar, one of those is public indecency. And we're talking about obviously in the schools. So, I'd like you, as the sponsor of the bill, to walk me through your rationale of -- as to why the lifetime bar, as a result of a conviction for public indecency, to work in the school should be removed.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Van Pelt. 118 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016
Thank you. And that's a very important question. Public indecency, as you know, includes performing a sexual act in public. In many cases, we find that when the police cannot prove that there -- there was an exchange of money in -- in the event of prostitution, instead they charge the prostitute with misdemeanor public indecency. So removing prostitution from the list of barred offenses but not removing public indecency would really hamstring the opportunity for people who have experienced prostitution or trafficking, because they often both have public indecency and prostitution on their records.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.
Okay, I might -- I want -- I do want to make sure, Senator, that I understood the answer to your question. You're -- you're saying that many of the public indecency convictions result from the prosecutor's inability to make a case for prostitution. So, some of the people in the class of those who have been convicted of public indecency were actually charged with and may have been guilty of - just couldn't prove it - prostitution. They'll be -- that -- those people will be in that class of those for whom the lifetime bar is removed. Correct?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Van Pelt.
Correct. And as you know, a couple years ago, we reduced prostitution from a felony down to misdemeanor, because we realized that, in many cases, people have been abused and -- and taken 119 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 advantage of and forced into prostitution, and this gives them a way back into our job force.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.
To the bill, if I might, Mr. President. Thank you very much. Ladies and Gentlemen of the Chamber, every once in a while here, not just in the Senate, but over in the House, we have bills as we're floating through, and it happens particularly at the end of Session, where the bills put before us, the explanation, just like what Senator Van Pelt gives, isn't -- seems entirely reasonable and, then, when we go home in July or August and we go to the community event and talk to some constituents, inevitably one of the constituents comes up and says, "You voted for what? You voted to say the lifetime bar for people who have been convicted of public indecency should be removed for employment in the schools and let me understand better that many of the people who have suffered those convictions for public indecency really were people who were charged with prostitution and it was just amended down to public indecency." The forty-two percent figure that Senator Van Pelt quotes - I -- I'm not familiar with the group who gave her that number - that seems high to me, but I don't have enough information to question it - I want to be clear on that. And there is no question that there has been a movement in this State government to reexamine each of these issues and say, do -- do we really want to put in place a lifetime bar for this? I'm for that progress. I voted for some of those bills. But I think this movement has to have credibility and, at some point, you have to say, "No, that's not the right message to send to the public." 120 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 And saying that we're going to at least have some measure of -- of -- I don't know what to call it -- that we're, to some extent, okay with people who have been convicted of public indecency working in the public schools is a line that we don't want to cross, at least not now. I urge a No vote. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Oberweis, for what purpose do you seek recognition?
A question of the sponsor, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates she will yield. Senator Oberweis.
Senator Van Pelt, I -- I just want to clarify one issue, if I may. It is my understanding that, right now, somebody convicted of any of those things is permanently barred, cannot be considered for employment within a school district, and that this bill would eliminate that bar. However, it would not eliminate the person's record. It would not tell the school district that you can't -- you have to ignore that. In other words, the school district would still be allowed to consider that, but they could then make a decision as to whether or not they want to hire that person. Am I correct in that?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Van Pelt.
Absolutely, Senator. It -- in fact, it just puts the -- the power back into the hands of the local districts to determine what 121 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 they do need. But they also get a -- something called a CHRI report - C-H-R-I report - which lists everything that they were charged with. Even if they -- maybe they pleaded down to something lower, it doesn't matter; they're going to see the -- the person that's making the decision about whether to hire a person will see everything. It's completely open. It's no secret. It's no just hidden only what they were charged with. We actually see -- I mean, what they were convicted of, but we actually see what they were charged with and what the circumstances were around that. I believe our educators have enough information and knowledge before them to be able to make that type of a decision. And I think we should put that power in their hands.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Oberweis.
To the bill, very briefly. I -- I certainly respect Senator Righter's opinion. I think he made a very good point. However, having said that, because of the fact that this merely allows more choice -- there may be -- if there's only one or two or five circumstances where somebody has had this situation and we can provide an -- an opportunity to work gainfully in society and the school board or the hiring agency has made a decision that this is a good decision, a good person, they'd like to help them, I think, for that reason, we should say Yes to this bill. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Ladies and Gentlemen, shh! Please hold the visiting down. Further discussion? Senator Murphy. Matt Murphy. For what purpose do you seek recognition?
122 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 To get out of this gaggle I'm in over here. To the bill. To the bill, Mr.…
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill, Senator Murphy.
So, there are a couple of important points I think, and Senator Van Pelt, in fact, made them. And I just -- I want to highlight them. One is the fact that the school district locally retains the right to determine that this individual does not belong in their school. The second thing is, is the school board -- the school district, when they make that decision, is going to have not just the charging -- not just the -- the -- the plea, but all of the charging information as well. So they get a full picture of who this individual is, or I would say, more importantly for the -- for this bill, "was" on the day they did what we at the State level currently ban them for the rest of their life for. We have two layers of protection right now - reasonable thing. This bill takes one of 'em away. That's the downside of this bill. It does. Now, you can slip a bad person, I guess, past -- past the local school board. But I don't think we should ignore the upside to this bill. So somebody when they're nineteen makes a stupid mistake. A full lifetime later when they're forty, they can't appeal to a local employer and say I'm not that nineteen-year-old fool anymore. I'm not them anymore. I actually have something to offer here. This bill, on the plus side, gives that person a legitimate shot at redemption, gives that local school district the opportunity to employ somebody who they otherwise might determine is of value to them. There's a lot of talk in this building about local control. This bill is an opportunity to walk 123 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 the walk on local control. But, more importantly than that, this bill is an opportunity to give people who made a mistake another shot to be productive in life. There's adequate protection, in my view, for children in schools even with this bill passing. But there are too many people who are broken, too many people who have lost hope, that this bill can provide hope for. And that's why I support it and urge an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Further discussion? Senator Raoul, for what purpose do you seek recognition?
To the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill, Senator Raoul.
Once again - and I think this is a historic session - once again, Senator Oberweis and I are together on a bill. I think, you know, sooner or later I'm going to become his running mate on whatever he runs for next. It -- I can't say it any better than both Senator Murphy and Senator Oberweis said it with regards to the fact that with this we're retaining the ability at the local level for the decision to be made. This is important to note, because what we've done historically is we've gone too far with regards to our reaction to being tough on crime, and instead of - - as a result, instead of doing something that allows for an elevated level of public safety, it has the opposite effect. The more and more that we remove opportunity for second chance, the more and more we create a circumstance where somebody will return to a life of -- of wrongdoing. I commend the Governor's Office 124 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 for recognizing early on that we need to confront this and creating a criminal justice reform commission. And this is consistent with the efforts of the Governor's commission and I think this deserves the support. I think the conversation on, you know, public indecency, I think Senator Harmon will address that, but I -- clearly, this is another step in a -- in a longer journey that we must take, along with the Governor, to address our -- the fact that we've historically gone too far. I urge your support.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Further discussion? Senator Bivins, for what purpose, do you seek recognition?
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill, Senator Bivins.
Listening to some of the discussion, I -- I -- I have a real deep concern here because we're talking about public indecency, which includes lewd fondling in public. I can think of scenarios over the year where someone was looking in someone else's window in the middle of the night and they were charged with disorderly conduct and also public indecency. You can use your imagination. Also, recently, in Winnebago County, they had a -- a sting and a sweep of many people who were in a park charged with public indecency. Even though you're giving local control, some of these crimes that we're talking about are deep-seated and they don't go away. In other words, you may have a gap of seven years where someone didn't get caught doing something, but I can guarantee you that down the road that -- some of these things are very deep- 125 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 seated in the mind, in the psyche, and they don't go away. So I would be very concerned about what we're doing here and I would urge a No vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Our last speaker seeking recognition, Leader Harmon. For what purpose do you seek recognition?
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill, Senator Harmon.
Thank you, Mr. President. I'd just like to offer our colleagues some assurances if they were troubled by either the first speaker or the last speaker raising the boogeyman of public indecency. Let's -- let's talk a little bit about what that means. First of all, it is not the appropriate charge if the conduct involves a child, a school-age child, a minor. There's a separate crime, sexual exploitation of a minor - that would be the appropriate charge. That's not what we're talking about here. We're talking about -- we could be talking about the nineteen- year-old goofball that Senator Murphy mentioned, stumbling out of Wrigley Field with too many beers inside of him. But, you know, more often we're probably talking about a homeless person who has no bathroom and is upcharged by the police because they need to take that person off the streets. It -- it may be someone engaged in prostitution where they can't prove the -- the transaction and they are -- rely just on charging with indecency. But many of these victims are trafficked and, really, as other speakers have mentioned, we take away those second chances. I want to point out 126 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 the statute relating to public indecency expressly exempts breast- feeding in public. That should give you a sense of how the gradation of this -- this charge is. If we had to exempt breast- feeding in public from the kinds of crimes that are charged as public indecency, I think it gives you some sense. I also want to point out the irony that, under the law today, someone convicted of -- of felony kidnapping could be hired by a school, but someone charged with public indecency can't. We need to fix this. Another speaker made a great point, as did the sponsor, the school districts don't have to hire anyone. They have complete information. They can separate the wheat from the chaff. They can separate the person who is leering in someone's bedroom window from someone who was urinating in the alley after a baseball game. This is a -- a -- a -- a bill that is -- sounds far more complicated and difficult than it is. It's the right thing to do and I ask you all to join me in voting Aye.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Senator Van Pelt, to close.
Thank you very much. And thank you for all the speakers that spoke. I just wanted to mention that recidivism rates drop from forty-seven percent to fifteen percent with full-time employment. So I believe that one of the reasons our recidivism rate is so high in Illinois is because we have all these artificial barriers to employment. We have to let people get back to work so they can become productive citizens, as well, in this State. So, currently we trust our local school districts to use their judgement and discretion to make strong hiring decisions that are best for their community, including evaluating criminal backgrounds of any 127 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 applicant, so this does nothing but allows them to be able to see also people who may have drug offenses, prostitution, or misdemeanor public indecency -- they also have access and opportunity to be looked at for employment. So, I do urge an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Ladies and Gentlemen, the question is, shall House Bill 4360 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 31 voting Aye, 17 voting Nay, 3 voting Present. House Bill 4360, having received the required constitutional majority, is declared passed. Ladies and Gentlemen, we're going to return to the regular Calendar, page 20, where we left off. House Bill 5788. Mr. Secretary, 5788. Senator Luechtefeld. Mr. Secretary, please read the bill.
House Bill 5788. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Luechtefeld.
Thank you, Mr. President, Members of the Senate. This is an initiative of the Department of -- of Natural Resources. It basically adds catfish to a list of -- of fish that can be -- can be taken with a bow and arrow or a spear. I -- I don't think there's any opposition to the bill and I would hope everyone could vote for it, please. 128 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Senator Raoul, for what purpose do you seek recognition?
You know, I've -- I've turned to eating more and more fish and so I -- notwithstanding the fact that I want every way for us to be able to gather fish so I can adjust to my new diet, I rise in strong support of this -- this bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Seeing no further… Senator Link, for what purpose do you seek recognition?
A -- a question of the sponsor.
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will yield. Senator Link.
Senator Luechtefeld, is this the only type of fish that you're talking about?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Luechtefeld.
No, Senator. There are a number of other kind of fish that you can -- you could already do with a spear or a bow and arrow. This just adds one more. The -- the -- the problem I -- I must ask -- tell you all - please take the arrow out before you eat it. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Oh, dear. Senator Haine, for what purpose do you seek recognition? 129 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016
Thirty-two billion in revenue, thirty-six billion in commitments, and we're talking about catfish! I love it. This must be New Orleans. I do want to ask one question of the sponsor. Would he please yield?
PRESIDING OFFICER: (SENATOR SULLIVAN) I think he will. Senator Link -- or Senator Haine.
I would like to know how many people in the past ten years have been prosecuted by DNR for mistakenly pitchforking the wrong fish.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Luechtefeld.
Senator, this is my last bill. Would you -- you know, actually -- actually, I -- I -- I -- I lied. I -- I have -- I have one -- I have -- I have two more. I'm sorry. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Well, don't sit down yet. Senator -- Senator Anderson, for what purpose do you seek recognition?
To the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill, Senator Anderson.
So, growing up actually doing a lot of gigging - is the proper term - of -- of different fish and frogs, I rise in support of this. But I was a little disappointed when Senator Haine stood up. I was hoping to get a history lesson on -- on gigging. So, 130 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 if he could push his speak button again, I'd love to get the history of that.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Morrison, for what purpose do you seek recognition?
Will the sponsor yield?
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates he will -- he will yield. Senator Morrison.
Senator Luechtefeld, is this exclusively channel cat or is this also bullhead?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Luechtefeld.
Would you -- would you repeat that question?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Morrison, would you repeat the question, please?
When you refer to catfish, Senator, in your -- in your bill, is this exclusively channel catfish or does this also include bullhead?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Luechtefeld.
This could be the blue cat. It could be a mud cat. There are a number of different catfish that would qualify for this. I -- I can tell many of you are excited about it. I appreciate that very much. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) 131 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 Let's see, we have seven other speakers. No. Senator Luechtefeld, do you have any desire to close? Senator Luechtefeld.
A lot of green lights. Thank you.
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, the question is, shall House Bill 5788 pass. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 56 voting Aye, 0 voting Nay, 0 voting Present. House Bill 5788, having received the required constitutional majority, is declared passed. Senator Harmon back in the Chair.
PRESIDING OFFICER: (SENATOR HARMON) House Bill 5790. Mr. Secretary, please read the bill.
House Bill 5790. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Anderson.
Thank you, Mr. President, Members of the Senate. House Bill 5790, I -- I did a Senate bill that was pretty similar that had to do with agribusiness. This is for farms. It would allow the Department of Agriculture to -- to give signs to local farms at their bicentennial anniversary so that they could be recognized. There's no opposition. I'd appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Thank you. Is there any discussion? Senator Van Pelt, are 132 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 you seeking recognition? Seeing no discussion, the question is, shall House Bill 5790 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, none voting No, none voting Present. House Bill 5790, having received the required constitutional majority, is declared passed. Senator Van Pelt, are you seeking recognition now? Senator Van Pelt.
Thank you, Mr. -- Mr. President. I just wanted to share a - - a letter that was sent to Senator -- President Senator Cullerton about Senate Bill 2370. It was the one that raised the age of -- of -- to fourteen for kids that were being interrogated for murder or a sex crime and made sure that they have an attorney present. So, she says: Dear Sen -- President Cullerton, this is a belated but heartfelt thanks for your extraordinary skill in negotiating an agreement to expand counsel for children in interrogation - Senate Bill 2370. It just moved unanimously out of this committee in the House and is well positioned with bipartisan support. It would not be alive at all without your support and skill, and I just want to express my deep gratitude. It took a lot of years to get to this point - and you have been an unwavering champion for human rights all along. Gratefully, Betsy. P.S. - So kind of you to share the photo of my father. He was a Senator in this Chamber. She said that meant a -- meant a lot. And I again want to thank everybody that voted in support of that bill. I'm -- I'm really moved by your -- your compassion and care and also your -- your willingness to take that stuff with me. So, thank you, thank you all so much. 133 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator, for that point of personal privilege. Moving along on the Calendar. House Bill 5796. Senator Luechtefeld, your penultimate bill. Mr. Secretary, please read the bill.
House Bill 5796. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Luechtefeld.
Thank you, Mr. President, Members of the Senate. This House Bill 5796 amends the Fish and Aquatic Life Code. It provides that the limits on the number and size of a fish a person can take in any one day do -- it does not apply to a person fishing in waters wholly within his or her private property. I thought that was already law. It obviously wasn't. And hopefully I'll try to answer any questions that you might have. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 5796 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 56 voting Aye, none voting No, and none voting Present. House Bill 5796, having received the required constitutional majority, is declared passed. House Bill 5805. Senator Bertino-Tarrant. Mr. Secretary, please read the bill. 134 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016
House Bill 5805. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Bertino-Tarrant.
Thank you, Mr. President. This is the House version of Senator Nybo's bill that passed out of the Senate unanimously, as well as the House with no opposition. It deals with the financial exploitation of an elderly person or a person with disability. It extends the statute of limitation from three years to seven years. I know of no opposition.
PRESIDING OFFICER: (SENATOR HARMON) Thank you. Is there any discussion? Senator Nybo, for what purpose do you rise?
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) To the bill, Senator.
I would just like to thank Senator Bertino-Tarrant for stealing my bill. But it's a good bill and so I encourage everybody to support it.
PRESIDING OFFICER: (SENATOR HARMON) Is there any further discussion? Seeing none, the question is, shall House Bill 5805 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. 135 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 On that question, there are 56 voting Aye, none voting No, none voting Present. House Bill 5805, having received the required constitutional majority, is declared passed. House Bill 5808. Mr. Secretary, please read the bill.
House Bill 5808. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Morrison.
Thank you, Mr. President, Members of the Senate. This bill provides that the four -- four legislative leaders shall appoint two members each to the Unmanned Aerial System Oversight Task Force, also known as the Drone Task Force. In addition, the bill adds a member from the {sic} (a) statewide broadcasters association, who will be nominated by the president of the association and appointed by the Governor. I know of no opposition to this bill. I would appreciate an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall House Bill 5808 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 57 voting Aye, none voting No, none voting Present. House Bill 5808, having received the required constitutional majority, is declared passed. Ladies and Gentlemen of the Senate, we're turning back to Supplemental Calendar No. 1. On that Order is Senate Bills 2nd Reading. Senate Bill 2520. 136 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 Senator Althoff. Mr. Secretary, please read the bill.
Senate Bill 2520. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Transportation adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR HARMON) There been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of House Bills 2nd Reading, House Bill 114. Senator Delgado. Mr. Secretary, please read the bill.
House Bill 114. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. House Bill -- 581. Senator Steans. Mr. Secretary, please read the bill.
House Bill 581. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. House Bill 750. Senator Hastings. House Bill 137 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016 5472. Senator Hutchinson. Mr. Secretary, please read the bill.
House Bill 5472. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Criminal Law adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR HARMON) Have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. House Bill 5764. Senator Raoul. House Bill 5931. Senator Steans. Mr. Secretary, please read the bill.
House Bill 5931. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. House Bill 5945. Senator Sandoval. We're back on the Supplemental Calendar, Mr. Secretary. Senator Raoul has indicated he'd like to have House Bill 5764 read. Please read that bill.
House Bill 5764. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported. 138 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 119th Legislative Day 5/25/2016
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Still on that same order, we have House Bill 750. Senator Hastings. Mr. Secretary, please read the bill.
House Bill 750. (Secretary reads title of bill) 2nd Reading of the bill. No committee or Floor amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. On the same order is House Bill 5945. Senator Sandoval. Mr. Secretary, please read the bill.
House Bill 5945. (Secretary reads title of bill) 2nd Reading of the bill. The Committee on Judiciary adopted Amendment No. 1.
PRESIDING OFFICER: (SENATOR HARMON) And have there been any Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Ladies and Gentlemen of the Senate, committees will begin meeting in ten minutes, at 4:15. In the interest of time, we'd ask you all to promptly report to committees on which you serve or before which you have legislative measures pending. There being no further business to come before the Senate, the Senate stands adjourned until the hour of noon on the 26th day of May 2016. The Senate stands adjourned. 139