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 Ray McJunkins from Union Baptist Church in Springfield, Illinois. Pastor. PASTOR RAY McJUNKINS: (Prayer by Pastor Ray McJunkins)
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Pastor. Please remain standing for the Pledge of Allegiance. Senator Cunningham, would you please lead us in the Pledge?
(Pledge of Allegiance, led by Senator Cunningham)
PRESIDING OFFICER: (SENATOR HARMON) Mr. Secretary, Reading and Approval of the Journal.
Senate Journals of January 13th, 27th, and 28th; February 3rd, 9th, 10th, 16th, 17th, 18th, 19th, and 24th; March 1st, 2nd, 3rd, 4th, 8th, 9th, 10th, 16th, 17th, and 30th; and April 5th, 6th, 7th, 12th, 13th, 14th, and 18th, 2016.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hunter.
Mr. President, I move that the Journals just read by the Secretary be approved, unless some Senators has additions or corrections to offer.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hunter moves to approve the Journals just read by the 1 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 Secretary. There being no objection, so ordered. Senator Hunter. Oh! Mr. Secretary, Reading and Approval of the Journals.
Senate Journal of Tuesday, November 15th, 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 the Journal, pending arrival of the printed transcript. There being no objection, so ordered. Ladies and Gentlemen of the Senate, we have a -- a brief amount of paperwork to do to get our business started for the day. We will be turning very soon to final action, to the consideration of vetoes and other matters of final action. I'd ask all Members to be at their desks. We will be turning soon to final action. Mr. Secretary, Resolutions.
Senate Resolution 2418, offered by Senator Noland. And Senate Joint Resolution Constitutional Amendment 33, offered by Senator Radogno. They are both substantive.
PRESIDING OFFICER: (SENATOR HARMON) Mr. Secretary, Introduction of Senate Bills.
Senate Bill 3453, offered by Senator Link. (Secretary reads title of bill) 2 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 1st Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Mr. Secretary, Committee Reports.
Senator Biss, Chairperson of the Committee on Human Services, reports Senate Amendment 1 to Senate Bill 586 Recommend Do Adopt. Senator Raoul, Chairperson of the Committee on Judiciary, reports Senate Amendment 1 to Senate Bill 168, Senate Amendment 1 to Senate Bill 261, Senate Amendment 1 to House Bill 3303, and Senate Amendment 2 to House Bill 6074 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 870. 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 870. We have received like Messages on Senate Bill 10 -- 1506, with House Amendments 1 and 3; Senate Bill 1626, with House Amendment 1; Senate Bill 2504, with House Amendments 1 and 2; Senate Bill 2921, with House Amendments 1 and 2; Senate Bill 2924, with House Amendments 1 and 2. Passed the House, as amended, November 16th, 2016. Timothy D. Mapes, Clerk of the House. A Message from the House by Mr. Mapes, Clerk. 3 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 Mr. President - I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the adoption of the following joint resolution, to wit: Senate Joint Resolution 53. Together with the attached amendment thereto, in the adoption of which I am instructed to ask the concurrence of the Senate, to wit: House Amendment 1 to Senate Joint Resolution 53. Passed the House, November 16th, 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 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 950. Passed the House, November 16th, 2016. Timothy D. Mapes, Clerk of the House.
PRESIDING OFFICER: (SENATOR HARMON) Mr. Secretary, House Bills 1st Reading.
House Bill 950, offered by President Cullerton. (Secretary reads title of bill) 1st Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) WQAD, WCIA, and Blueroomstream.com, all request permission to videotape our proceedings today. Seeing no objection, permission is granted. Mr. Secretary, have any motions been filed?
4 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 A motion has been filed with respect to Governor's action on the following Senate bills: To override total veto, Senate Bill 2439, filed by Senator Sandoval.
PRESIDING OFFICER: (SENATOR HARMON) Mr. Secretary, please put that motion on the Calendar. Senator Barickman, for what purpose do you rise?
A point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Please state your point, Senator.
Ladies and Gentlemen, I'd like to introduce to the Chamber a few guests of mine. First of all, I have two Pages with me, Grant Alexander and Jonathan Wells, who are students at Kingsley Junior High School. I'd ask you to welcome them and then I'll introduce my other guest. My -- to my Pages, though.
PRESIDING OFFICER: (SENATOR HARMON) Welcome to the Illinois Senate. Senator Barickman.
And also in the gallery above the Republican side of the aisle are a number of our guests. I'd ask them to stand to be recognized. Included in these guests is a woman named Luceille Werner, who has served a lifetime of committing to our educational system, starting -- she was an elementary supervisor at the Woodland-Streator Unit 5 School District, my alma mater, by the way. She worked as a consultant for the North Central Region of the State. She worked for the Illinois Department of Education on an issue that I think is very important to all of us, which is Early Prevention of School Funding {sic} (Failure) Program. She's written lots -- tons of 5 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 materials on educational issues. She's been a benefit to our school and our school system. She received today a proclamation from the Governor of the State of Illinois, Governor Rauner. I'd like to ask you to join me in welcoming my aunt, Luceille Werner, and her family and friends, who are with us today.
PRESIDING OFFICER: (SENATOR HARMON) Welcome to the Illinois State Senate. Senator Weaver, for what purpose do you rise?
For a personal privilege here, sir.
PRESIDING OFFICER: (SENATOR HARMON) Please state your point, Senator.
Thank you very much. I have with me today Lantez Carpenter. I just got to meet him, but he's my Page for a Day and a wonderful young gentleman. I let him look at my bills for committee. He understood 'em better than I did. I want that off the record. So he enjoys working out, studying different cultures, and playing football, special interest in Greek and Japanese mythology, technology, and governmental issues. Future plans include becoming an information securities analyst or owning a technology brand like Apple or Microsoft. We hope you do that and help fund some races back here. What I wanted to say about this young man, he hopes to play football at Elmhurst next year. Did a great job, a second -- second team all-conference, in Peoria on that. And also, Tom Fliege, which is with his charter school, is here as well and I'd like Tom to wave his hand. But a round of applause for Lantez, please.
PRESIDING OFFICER: (SENATOR HARMON) 6 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 Welcome to the Illinois State Senate. Ladies and Gentlemen of the Senate, we're turning now to final action. We'll turn to page 2 on your printed Calendars. On the Order of House Bills 3rd Reading is House Bill 3303. Senator Holmes, do you wish to proceed? Senator Holmes seeks leave of the Body to return House Bill 3303 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 3303. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Holmes.
PRESIDING OFFICER: (SENATOR HARMON) Senator Holmes, on your amendment.
The amendment -- it was amended to the Environmental Protection Act and the Illinois Highway Code. Requires the IEPA to promulgate rules regarding corrosion prevention projects on public water supplies. Also allows IDOT to adopt similar rules regarding corrosion prevention projects on bridge infrastructure. It additionally incorporates changes requested by the Governor, including clarifying the definition of terms used in the responsible bidder requirements and requiring contractors to report on participation by minority groups, women, and veterans in apprenticeship and apprentice {sic} (training) programs.
PRESIDING OFFICER: (SENATOR HARMON) There any discussion? Seeing none, Senator Holmes moves for the adoption of Floor Amendment No. 1 to House Bill 3303. All in favor, say Aye. Opposed, Nay. The Ayes have it, and the amendment is adopted. Mr. Secretary, have there been any further Floor 7 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR HARMON) 3rd Reading. Now on the Order of 3rd Reading is House Bill 3303. Mr. Secretary, please read the bill.
House Bill 3303. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Holmes.
Yes, I had explained the -- the amendatory -- the bill and I would just ask for its adoption.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Any discussion? Seeing none, the question is, shall House Bill 3303 be… Question is, shall House Bill 3303 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 3303, having received the required constitutional majority, is declared passed. Continuing on the Order of House Bills 3rd Reading is House Bill 4645. Senator Sullivan, you wish to proceed? Mr. Secretary, please read the bill.
House Bill 4645. 8 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan.
Thank you, Mr. President, Members of the Senate. We discussed this a little bit yesterday, but this is a rerun of a bill that I passed earlier in the Session. The bill that we passed earlier in the Session had a -- the date wrong on it, so we've -- we've redone it and basically this is a vegetive {sic} (vegetative) filter strip assessment. It extends the deadline on that till December 31st of 2026 and it also has an immediate effective date. Be more than 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 4645 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 Bill 4645, having received the required constitutional majority, is declared passed. Still on the Order of House Bills 3rd Reading is House Bill 5897. Mr. Secretary, please read the bill.
House Bill 5897. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan. 9 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016
Thank you, again, Mr. President. The bill authorizes the Department of Military Affairs to transfer the Beardstown Armory in Beardstown, Illinois, to the Beardstown Park District. This is a facility that the Department of Military Affairs no longer has a need for. The -- of course, the city -- or the Park District and the city and the community is very much in favor of it. Be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR HARMON) Senator Sullivan, do you plan to call any more bills in this Veto Session? I believe this is Senator Sullivan's last bill. Is there any discussion? Seeing none, the question is… I apologize, Senator Jones, for what purpose do you rise?
Thank you, Mr. President. I urge a No vote.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Seeing none, the question is, shall House Bill 5897 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 Bill 5897, having received the required constitutional majority, is declared passed. Continuing on the Order of House Bills 3rd Reading, House Bill 6074. Senator Link, do you wish to proceed? Senator Link requests permission of the Body to recall House Bill 6074 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is House Bill 6074. Mr. Secretary, have there been any Floor amendments approved for consideration? 10 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016
Floor Amendment No. 2, offered by Senator Link.
PRESIDING OFFICER: (SENATOR HARMON) Senator Link, on your amendment.
Thank you, Mr. President. This just conveys some land in the City of North Chicago for the potential National Museum of (the) American Sailor and also some land in Cook County in the Village of Crestwood from the Department of State Police for public use. I know of no opposition to the bill.
PRESIDING OFFICER: (SENATOR HARMON) There any discussion of the amendment? Seeing none, Senator Link moves to adopt Floor Amendment No. 2 to House Bill 6074. All in favor, say Aye. Opposed, Nay. The Ayes have it. The -- 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 House Bill 6074. Mr. Secretary, please read the bill.
House Bill 6074. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR HARMON) Senator Link, to present the bill.
It's the same thing as the amendment I just explained, Mr. 11 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 President.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Senator Barickman, for what purpose do you rise?
Thank you, Mr. President. A question of the sponsor.
PRESIDING OFFICER: (SENATOR HARMON) The sponsor indicates that he will yield. Senator Barickman.
Thank you. Senator, we're trying to catch up on what happened on this bill and I'm wondering if you could help. My understanding is, when this moved through committee, we understood that there were no objections. Since committee, we've now learned that IDOT has not necessarily cast judgment on this. Are you aware of IDOT's opinion on this legislation?
PRESIDING OFFICER: (SENATOR HARMON) Senator Link.
No, but we're talking something that's going to have a national museum for sailors right by Great Lakes Naval Base, which is the only one in the United States. And the whole total of the property is a total of forty thousand dollars' value, which can never be used for anything else of where it's located at.
PRESIDING OFFICER: (SENATOR HARMON) Senator Barickman.
I guess I'd ask of the sponsor if -- that we -- could we pull this from the record, even temporarily, so that we can discuss and make sure that we're comfortable with what's being proposed? We're 12 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 getting a lot of that information at the last minute here. I think there's a lot of questions, which we'd be glad to take up with you, Senator, if you'd just pull it from the record even temporarily.
PRESIDING OFFICER: (SENATOR HARMON) Senator Link.
Is temporarily fifteen minutes?
PRESIDING OFFICER: (SENATOR HARMON) Senator Barickman.
Yes.
PRESIDING OFFICER: (SENATOR HARMON) Senator Link.
For -- then, for fifteen minutes, it's okay. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Mr. Secretary, let's remove that bill from the record. Ladies and Gentlemen of the Senate, we're still on page 2 of your printed Calendar, but we're going to turn to the Order of Senate Bills 3rd Reading, and with leave of the Body, we're going to start at Senate Bill 586. Senator Hunter. Going to stand at ease for a moment while we find our sponsors. Please bear with us. (at ease) Ladies and Gentlemen of the Senate, with leave of the Body, we'll return later to the Order of Senate Bills 3rd Reading and we'll turn now to Motions to Override Total Vetoes. We're starting on page 4 on your printed Calendar. At the top of that Order is Senator Manar's motion on the override of the veto of Senate Bill 250. Senator Manar, are you ready to proceed? Mr. Secretary, 13 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 please read the motion.
I move that Senate Bill 250 do pass, notwithstanding the veto of the Governor. Signed by Senator Manar.
PRESIDING OFFICER: (SENATOR HARMON) Senator Manar, on your motion.
Thank you, Mr. President, Members of the Senate. Rising to ask my colleagues to vote to override the Governor's veto on what -- what I believe was a bipartisan success of the spring legislative Session. We began this process in the State Senate about eighteen months ago when the first version of automatic voter registration was -- was filed in the State Senate. We had multiple hearings. We had, if you remember, a fairly robust debate on this bill on 3rd Reading. I think it would probably be best, Mr. President, if I just took questions or engaged in debate again. I -- I think this was a bipartisan success of the spring legislative Session and I was disappointed that after the Governor verbally expressed his support for this in the State that he turned around and vetoed a bill that I think was well-vetted, survived a rigorous debate that would eventually streamline bureaucracy in the State, save taxpayer money, increase turnout and increase accuracy in our elections. But I'd be happy to take any questions, Mr. President. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion of the motion? Senator Righter, for what purpose do you rise?
14 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 To the motion, if I might, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) To the motion, Senator.
Thank you, Mr. President. Ladies and Gentlemen of the Senate, I hope that the people in this Chamber, who are preparing to vote on this for a second time, pay particular attention to what is in this bill and what is being said here on the Floor. This legislation, which would register people who show up at a State agency automatically without them asking, has a number of flaws, but two that are very disconcerting. First of all, the bill relies upon the State to provide accurate information about the voter - address, other issues like that. We had -- we spent a lot of time in committees in this Chamber and on the Floor about the problems with State information when it comes to people and we talk about the IES system that's not up and running. That is an issue. But that's not the biggest issue here. The biggest problem here is, is that when someone is registered automatically, they are not under this bill required to sign the form to attest personally that they are eligible to vote according to law. They will nevertheless go on the rolls as a registered voter, even though they personally do not have to say, yes, I'm eligible to vote. Now some will say, well, they go on the registered voting list and the State Board of Elections can clean or purge that list. First of all, the State Board of Elections doesn't have the people to go through the list and find out who may be undocumented and who's not. But they also do -- where would they start? Of the millions of registered voters in this State, where would they start to say, well, we need to check and see if this person's undocumented or 15 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 this person's undocumented? And even if they could know where to start, federal law in many cases is going to prohibit the State Board from finding out whether someone is undocumented or not. For those who have been sympathetic to the cause of people who are in this country and are not documented and thinking, you know what, this is okay, hold on just a minute, because they may suffer penalty for voting when they are not allowed to by law. Ladies and Gentlemen, we have issues with voter voting in this State. We absolutely do. But I'm not certain that the problem is making it easier to register to vote as opposed as -- to actually voter apathy or voter information. Now, we don't want to say that. We don't like to say that back home, 'cause it makes it sound like we're blaming them. But the voters have to have accountability in this system. This bill and the override motion is not the answer to that. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any further discussion? Senator Rezin, for what purpose do you rise?
Sure. Thank you, Mr. President. I have a question for the sponsor, please.
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he will yield. Senator Rezin.
Thank you. Senator Manar, could you take me through, in your bill, the process from the beginning, when somebody comes into the DMV to register for a license, through the end, how that information flows and the ability of that person to -- you know, the ability for that person to decide whether they should be in 16 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 the system or not? Can you go through your process, please?
PRESIDING OFFICER: (SENATOR HARMON) Senator Manar.
Absolutely, and thank you for the question. I'll use the answer as an opportunity to also respond to the previous speaker. So we should upfront acknowledge there's a difference in the process when a individual citizen goes into a driver's services facility versus a social services facility. I'm going to lump them all into that kind of terminology, pursuant to the national Voting Rights Act. So, in a driver's facility, the process would be almost identical to what it is today under the existing motor- voter statute. The only difference is that a couple of things would happen. We would direct in the bill, which we do in very strong language, that TVDLs would not be transferred in the appropriate information to the State Board of Elections, where the verification of citizenship would take place. After that -- and again, this is only for individuals that go into a driver's services facility. So TVDLs are excluded, information is transferred to the State Board of Elections, registration doesn't happen at the State Secretary of State's facility. It's reserved for the State Board of Elections with verification from the local election jurisdiction, either -- in most cases counties; in some cases, they're -- they're city election jurisdictions. In social service facilities or offices of State government, verification with a signature does take place and is required in the bill. Despite the previous speaker's comments, that is required in the bill and it's consistent with the national Voting Rights Act. So, at that point, a similar process would take place as well. 17 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 Information would be transferred to the State Board of Elections. They are required to verify that that individual meets all eligibility requirements to be a registered voter. With the acceptance of the local election jurisdiction, they become registered only if they don't return an opt-out communication, which happens on the back end. So, again, we've learned what has worked in other states that has been in practice. Other states, since we've had this debate, have put this into motion - Alaska, just a few days ago, which is controlled by, not the party I belong to. Other states are putting this into motion because it streamlines state government. It removes layers of bureaucracy. But, again, we're simply trying to say, let's have a few less processes when it comes to voter registration. Let's register people that are citizens that are eighteen years of age. Let's get rid of these lines that occurred just a week ago for same-day registration - happened all over the State. And there's a way to do that and this is the bill that gets that done.
PRESIDING OFFICER: (SENATOR HARMON) Senator Rezin.
Thank you. Senator Manar, do you feel that sending this information to the State Board of Election {sic} (Elections) violates privacy laws?
PRESIDING OFFICER: (SENATOR HARMON) Senator Manar.
No, because we already do. If it does, then we're in violation of privacy laws right now, because the interaction between a driver's service facility under the direction of the 18 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 Secretary of State's Office and that relationship with the State Board of Elections doesn't change in the bill that we're proposing. The only thing that changes is that the opt-out provision is reversed. The -- the burden of the registration process is on the government, where -- which -- which is where it should be in my opinion. We should have a presumption of eligibility until eligibility is denied, rather than the burden being on the individual to do certain things in order to access their democracy. So in relationship to privacy, the -- the proposal in this bill that has been passed by both Chambers doesn't change that relationship between Secretary of State and the State Board of Elections.
PRESIDING OFFICER: (SENATOR HARMON) Senator Rezin.
Thank you. Again, but the authorization from the individual to pass that information from the DMV to the State Board of Election {sic} right now under your bill would not occur. It's something that's automatic. It's not an individual authorization to allow that information to pass from the DMV to the State Board of Election {sic} and ultimately to the local election board.
PRESIDING OFFICER: (SENATOR HARMON) Senator Manar.
On the very back end of this process, that individual will get a communication that will afford them the ability to opt out of the registration, if they are determined to be eligible by both the State Board of Elections and the local election jurisdiction.
PRESIDING OFFICER: (SENATOR HARMON) 19 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 Senator Rezin.
So, if a -- my son, who's at college in the State of Illinois, let's say hypothetically, under your law -- he's at college and under your law then he would be registered to vote with his college address. What if he wanted to vote back in the district he lives in, as opposed to where he's attending college and where he has his license and his address on his license?
PRESIDING OFFICER: (SENATOR HARMON) Senator Manar.
So this bill doesn't change anything in respect to that example from -- from current law. If, you know, if he's registered at home, then he -- he can vote at home. If he's registered at college, he can -- he can vote in college. What we're seeking to change here is the access points that registration is based upon and we all know that there's tremendous amounts of access points that citizens interact with their State government, but unfortunately, we only use a couple of those when it comes to the most sacred thing we do here, which is run the democracy. Giving people access to that democracy in as many ways as possible is something that I think we all ought to strive for, whether it's college students or -- or anyone for that matter. But in terms of the access point, if -- if your son were to do that process at the driver's facility, because he's renewing his driver's license, the -- the process would change slightly, but as far as registration goes, I'm not aware of anything in this bill that changes that.
PRESIDING OFFICER: (SENATOR HARMON) Senator Rezin. 20 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016
…you -- thank you. I think our question is not about access, because as you said before, this bill has gone through. Many of us did support it because we think access is very important. Our question and the issues that we have had and we've worked, we -- we feel, with the administration and other committees to make this bill better is about the process. Currently, the process is, when you come into the DMV, the DMV takes that information, that information's given to the State Board of Elections and they're supposed to go through and make sure that whoever's in here has the ability to vote. So meaning, if somebody is here and they have access to a -- or if they're here on a visa, they have a license, but they can't vote, the State Board of Elections or the DMV at that point are supposed to go through and look through and pull those applications out. From there then it goes down to the local level, the local election board, who now also has that responsibility again to go through and make sure that only the people that are allowed to vote receive this notice. Our question is -- and we think that's -- you know, that's three layers of going through, taking this process, taking the application, going through the State Board of Election {sic} and then next to the local election board. What we would like to see is an opt-out on the front end, which we feel -- again, we're still providing access. So you come into the DMV, so there's no limit to access. We supported this bill going through, but our problem is with the process and the ability to make a step when there's three layers that are working to make sure that they pull out the people who should not receive a voter's card. We feel that having the opt- out in the front end is the easier, more efficient way without 21 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 making mistakes to allow people access while making sure right there when they come into the DMV to sign a attestation that, yes, I am a -- allowed to vote, that that can happen in one step. Don't you feel that's easier and is that something that you would be willing to work with us on since we have upfront supported this bill, originally? But we do feel when it went through there were some problems and this -- this is the amendment to the problem that we would like addressed. Is that something that you would entertain?
PRESIDING OFFICER: (SENATOR HARMON) Senator Manar.
So, Senator Rezin, I do appreciate this -- the bipartisan support that was offered on this bill when -- when we debated it for the second time - and it was a bipartisan vote - but what you just described is existing law today. There is an opt-out provision upfront at the Secretary of State's Office that -- that -- that requires people to affirmatively make the choice to register to vote, which is very different in Illinois than -- than in other states. The premise of this bill is that information that's gathered in the context of someone updating their driver's license or applying for a driver's license or a State ID can be used to better the information that's housed at the State Board of Elections to increase voter participation and accuracy of the voter rolls. So -- so what you're proposing wouldn't change anything in current statute, but on the other end, we do have an opt-out requirement for social service agencies upfront. And by the way, those two things are consistent with the Voting Rights Act. So we don't want to be contrary to that at the same time. And, you know, 22 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 I do -- I do appreciate the bipartisan conversation that's led us to this point, but -- but the premise of the bill is to take information at the Secretary of State's Office, weed out, immediately, TVDLs, move everything else to the State Board of Elections exactly as you just described, verify it along with local election jurisdictions and use that as the basis for voter registration. Again, that increases tremendously the accuracy of our voter rolls - just that change.
PRESIDING OFFICER: (SENATOR HARMON) Senator Rezin, can you bring your questioning to a close?
To close. Thank you. Thank you, Mr. President. Again, I appreciate the bipartisan debate on this bill initially two times. I think we had a robust conversation. I do believe that there were some things that initially we asked for and were addressed, so we do appreciate that. However, we are very concerned about the process that this bill puts into place and the potential for allowing people, you know, with the back-end out -- opt-out, you know, the ability to vote when they should not have that ability. That's why we have filed a second bill that we feel, again, does the same thing that Senator Manar would like to achieve, but has an opt-in at the front end when you're at the DMV and you're asked. So, as a result of that, I would like -- I'd ask for a No vote on this side and appreciate any conversation or debate from this point forward to see if we can make this bill a better bill. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator McConchie, for what purpose do you seek recognition? 23 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 SENATOR McCONCHIE: Question of the sponsor, please.
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he'll yield. Senator McConchie. SENATOR McCONCHIE: I want to pick up on a -- a point you made a -- a little bit ago and that was you indicated that you thought it was really the responsibility of the government to, you know, provide every opportunity for registration and to not - if I -- if I remember correctly - you know, not have people denied access to their democracy until it's proven that they are not qualified to vote. Is that -- is that -- so, going through this process, my understanding is, we would be sending over the information to the Board of Elections. There'll be a period of time in which it would take for the Board of Elections to go through the process to determine perhaps this person is not qualified to vote. Do you have any feelings or, you know, understanding from the Board of Elections as to how long this process might take upon receiving of this information and them being put on the rolls? Do we, you know, have any idea as to that?
PRESIDING OFFICER: (SENATOR HARMON) Senator Manar.
So, in their testimony, Senator, they -- they said this, they said, we're fine with the provisions of the bill as -- as it sits today. I don't recall a specific time frame that it would take them to do what you just described. I would -- would assume that it's going to depend on rulemaking. It's going to depend on interaction that's set up between Secretary of State and the State 24 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 Board of Elections. But once, you know, the initial process goes through, I think we can assume that it becomes rather mundane. It becomes just a course of doing business between two government agencies that ought to talk more, in my opinion. So I -- I don't have an answer in terms of a specific time frame of what the verification process would be for eligibility requirements being met. But -- but the -- one more thing, the State Board of Elections did testify that this language was sufficient for them.
PRESIDING OFFICER: (SENATOR HARMON) Senator McConchie. SENATOR McCONCHIE: So the question I -- is it -- it could be perhaps some weeks, if not months, that this process would be. Can -- my concern is that someone's going to be on the rolls for a period of time and perhaps maybe they get a voter card in the mail, they assume, perhaps wrongfully so, that they are allowed to vote when perhaps they are not -- you know, don't fit the criteria. My -- my concern is -- is, if somebody is -- ends up on the rolls and aren't -- shouldn't be there, they get a voter card, whatever, in the mail, they show up and vote, thinking that they're able to vote because they've -- they have gotten this documentation, isn't it the case then that they are committing a felony by voting illegally when they're not allowed to?
PRESIDING OFFICER: (SENATOR HARMON) Senator Manar.
So the answer I would say generally is yes to your question, but I would also say this, that the provisions of this bill, if it were to be enacted, make that possibility dramatically less than 25 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 the current system today, because of the benchmarks that we put in place using additional information that is at our fingertips right now as a State government. So I think there's always going to be the rare possibility that that could happen under any system, but compare this bill to our current system and on that point, this bill provides a dramatic improvement to lessen the chance that that would -- would happen potentially in future elections.
PRESIDING OFFICER: (SENATOR HARMON) Senator McConchie. SENATOR McCONCHIE: To the bill. I…
PRESIDING OFFICER: (SENATOR HARMON) To the -- to the motion. SENATOR McCONCHIE: To the motion. Thank you. One of the things -- I -- I have some personal experience in this, in that my wife is an immigrant. We actually met overseas and got married overseas and then she came to the U.S., and it was actually some years before she got her Green Card and then citizenship and was allowed to vote. It was interesting, we did -- we went through the citizenship ceremony, downtown Chicago. We took the train back home. We -- we lived within, you know, four blocks of -- of the train station. We actually walked by our village hall and went in to register to vote on the way home. We didn't even make it home before she stopped in to register to vote. This is something where I -- I think that I -- I agree with Senator Rezin. I think we need to put a little bit more thought into this, because I'm gravely concerned, as someone who married an immigrant, of there to be some sort of government snafu that ends up with a circumstance 26 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 where you have someone who is maybe a legal immigrant, but not yet a citizen, thinking that they're registered to vote and then turn around and perhaps going and voting and then finding out that they have committed a felony that, you know, they never intended to commit and even perhaps creates a situation that makes it more difficult down the road to get -- you know, be -- finish the citizenship process or some such. So I -- I encourage a No vote. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Our final speaker seeking recognition, Senator Collins. For what purpose do you rise?
Thank you, Mr. -- Mr. President. First of all, I want to commend -- I want to speak to the motion.
PRESIDING OFFICER: (SENATOR HARMON) To the motion, Senator.
And I would like to commend the sponsor for his hard work on this legislation and I think he has been very diligent about putting in the safeguards to protect our democracy from those who might want to take advantage of being ineligible to vote. But it's unfortunate, now it appears that the process has become a partisan issue and I was proud to stand and vote with a bipartisan group of my colleagues to reject the politics of suspicion and division and instead move forward toward greater access with the automatic voter registration. The right to vote for one's representatives has been America's fundamental freedom since this nation was founded. Its expression in our Constitution and throughout much of our history was imperfect and perfected only by 27 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 the willingness of ordinary people to make extraordinary sacrifices - some bled, some were jailed, and many died. And through this sacred struggle to perfect self-government, the franchise was expanded so no one would be turned away from the polls based on income, gender, or race. As a woman of color, I find unconscionable the recent campaigns in many states to reverse our progress, limiting access to the polls under the guise of fraud prevention. And this summer we have -- we have seen the federal courts uphold the Constitution and strike down voter ID laws with their discriminatory effects. This Governor's veto of this legislation hits a pause button on progress. I encourage my colleagues to stand with Senator Manar and others who have worked very hard on this bill because -- democracy cannot wait. I ask for an affirmative vote.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Manar, to close.
Thank you, Mr. President and Members of the Senate, again, for a robust debate on this important motion. I would just close by just saying this: The qualifications to vote are two things - eighteen years of age and citizenship. That's it. That's it. We have to open up the doors to a process in our State - and not just here, but across the country - that make the linkage between those requirements and citizens, regardless of race or creed or color or income, easier. This bill does that. This bill makes bureaucracy work for the people and the voters of this State, saves money along the way, addresses many of the concerns that have come forward about citizenship. This bill strengthens those things in State law, so if that's your concern, this is your bill, because this 28 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 bill strengthens those provisions that we have today. But, again, the law says you have to be eighteen and a citizen and, in my opinion, when you verify those two things, nothing else should stand in the way between that eligible voter and their ability to put their fingerprints on their democracy. That's what this bill does. Again, I appreciate the debate and I would ask for support of the override motion. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. The question is, shall House Bill -- I'm sorry, will Senate Bill 250 pass, notwithstanding the veto of the Governor. 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 38 voting Aye, 18 voting No, none voting Present. And Senate Bill 250, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Senator Nybo, for what purpose do you rise?
Thank you, Mr. President. A point of personal privilege.
PRESIDING OFFICER: (SENATOR HARMON) Please state your point.
And -- and also purpose of an introduction. I'd love to get a round of applause that we just had on Senate Bill 250 for my wonderful Legislative Assistant, my district director, Laura Fitzpatrick, who's down here this week helping us out in the office. We all know how much we rely upon those who we work with and I rely upon her immensely. So I'm grateful she's able to join us, she's able to see an interesting day, and if we could all give 29 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 her a really warm Springfield welcome and a round of applause, I'd appreciate it. So, thank you.
PRESIDING OFFICER: (SENATOR HARMON) Welcome to the Senate. Senator Luechtefeld, for what purpose do you rise?
Thank you, Mr. President, Members of the Senate. A point of personal privilege.
PRESIDING OFFICER: (SENATOR HARMON) Please state your point, Senator.
Over the last several years, obviously, we've -- from time to time, with the hostilities going on in the Middle East, someone close to us or close to, certainly, where we live, loses their lives, and quite often we will hear about this on the radio or television and we don't pay a whole lot of attention because it's maybe some place far off. Some time ago, a short time ago in fact, I heard of four young men who were killed in a suicide attack in Afghanistan. I didn't pay a lot of attention because, you know, this has happened many times over the last several years. And sure enough, I found out that that young man lived right down the -- right -- actually just a few miles from where I live. And I guess what I hope we can do as a Body, a -- a moment of silence for a young man who -- who went into the military immediately after high school. He was only -- only twenty years old and was killed in Afghanistan by a suicide bomber. His name was Tyler Ray Iubelt. Hopefully, we could -- we could do this and show -- and honor his -- his efforts for the military and for America. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) 30 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 Senator Luechtefeld has requested a moment of silence, which the Senate will observe. (moment of silence observed) Senator Rose, for what purpose do you rise?
A point of personal privilege, if I may, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Please state your point, Senator.
Ladies and Gentlemen, on a far happier note, I'm pleased today to be joined by some -- some young folks from my area. On the end here -- or, I'm sorry, in the middle is Martina Glamowska, who is from Poland, and she is an exchange student with Rotary International, living in Monticello in my district. She's amazed that our -- at how much there is to offer in our high schools. They don't have huge sports programs in Poland and other things, but she's enjoying being a theater student at Monticello. She is hosted by Zanna Myers, who is a junior at Monticello High School. She's a three-sport athlete, in basketball, volleyball, track high jumper. She wants to play basketball in college and -- and major in nursing. She also happens to be the second cousin of our own Senator Dave Syverson. And then finally, to my immediate left, is Isabelle Ausdal, who is a sophomore at the University of Illinois. She's interning in our office. She's an Ag Econ major, interested in pursuing agricultural law. She's originally from the Quad Cities in Senator Anderson's district of Milan and she enjoys being in the Collegiate Farm Bureau. And if we could, welcome them to Springfield.
PRESIDING OFFICER: (SENATOR HARMON) Welcome to the Illinois State Senate, ladies. Senator Bivins, 31 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 for what purpose do you rise?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Please state your point, Senator.
Thank you, Mr. President. I'd like to introduce a good friend of mine who also happens to be the Economic Development Director for the City of Rochelle, Jason Anderson. And during his time in Rochelle -- Rochelle, if you don't -- aren't familiar, it's a diamond in the rough in Illinois. It's about ninety-five hundred people. But in the last ten years, under Jason's direction, Rochelle, the City of Rochelle, has brought in a billion - that's with a "b" - a billion and a half dollars' worth of manufacturing and business, and I can tell you, just in the last -- about two years ago, in six months' time, they had thirty-eight groundbreakings, ribbon cuttings, and grand openings in the City of Rochelle, a town of ninety-five hundred. So even in economic times that are tough, City of Rochelle in Illinois is bringing in business. They have Tyson Food {sic} (Foods) and Hormel and -- and Nippon Sharyo. So please give Jason Anderson a warm welcome.
PRESIDING OFFICER: (SENATOR HARMON) Welcome to the Senate. Senator Haine, for what purpose do you rise?
I would like to ask Senator Bivins if they have right-to-work in that area.
PRESIDING OFFICER: (SENATOR HARMON) We'll let you take that up with him after the Session has 32 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 adjourned. Continuing effort to recognize every Republican guest on the Floor today, Senator McCann, for what purpose do you rise? SENATOR McCANN: Thank you, Mr. President. I appreciate it. For a point of personal privilege, please.
PRESIDING OFFICER: (SENATOR HARMON) State your point. SENATOR McCANN: Mr. President, Members of the -- of the Body, I would like to introduce my Page for today, Emma Caskey. Emma is nine years old. She's from Chatham. She attends Chatham Elementary, where she's a fourth grader. She's the daughter of Jennifer and Casey Caskey. Art is her favorite subject, and as you can probably tell by looking at her, she's an amazing athlete. She's really into gymnastics and cheerleading, and she's actually a Junior Olympian. And Miss -- Miss Caskey has also had the honor and -- and privilege of serving as the Little Miss Chatham Sweet Corn in 2015, the very year that we passed the bill making sweet corn the State vegetable. So please join me in welcoming Emma Caskey to the Senate.
PRESIDING OFFICER: (SENATOR HARMON) Emma, welcome to the Senate. We're glad that you're here. Senator Anderson, for what purpose do you rise?
A point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Please state your point, Senator.
Thank you, Mr. President. I don't have a guest today, but I'm going to… 33 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016
PRESIDING OFFICER: (SENATOR HARMON) You can't talk. Senator Anderson.
I -- I am going to do something that is very rarely done in here and I am going to go out on a limb in saying I'm going to speak on behalf of every Member in here and I want to say happy belated Veterans Day to every veteran across this great nation. Thank you for your service. And also happy belated 241st birthday to the United States Marine Corps. Semper Fi, Devil Dogs. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. We're going to return now to our routine business. We're still on page 4 of your printed Calendar, still on the Order of Motions to Override Total Vetoes. We'll turn next to Senator Martinez's motion on Senate Bill 2536. Mr. Secretary, please read the motion.
I move that Senate Bill 2536 do pass, notwithstanding the veto of the Governor. Signed by Senator Martinez.
PRESIDING OFFICER: (SENATOR HARMON) Senator Martinez, on your motion.
Thank you, Mr. President and Members of the Senate. I ask for your real total support on this bill. This -- this bill, Senate Bill 2536, provides that all non-relative providers in the Chicago -- I mean, I'm sorry, child care assistant {sic} (assistance) program for the first time shall participate in an orientation and pre-service training within six months after they 34 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 begin providing services. The providers shall be paid fifteen dollars per hour for their attendance. I -- it also states that the State shall provide health insurance to qualified home child care providers. This bill was vetoed by the Governor and I ask for an override.
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion of the Senator's motion? Senator Syverson, for what purpose do you seek recognition?
Thank you, Mr. President. Just a question of the sponsor.
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates she'll yield. Senator Syverson. We're going to turn the debate timer on as well, just for the -- for the Body.
Okay. Thank you. I don't pontificate as long as some of the others on this side, so that's all right. Senator, I appreciate what you're trying to do here and I -- I think the concern was that we had, even earlier in the year, was the issue of the cost, and do you know what the estimated cost is for the training and for the increased insurance cost and -- and the other components of this - what -- what we anticipate the cost to be?
PRESIDING OFFICER: (SENATOR HARMON) Senator Martinez.
Thank you, Mr. President. According to my analysis, I believe that the cost would be around fourteen million dollars, 14.7 per year. But this, again, is something that we need to have. We need to have more -- we have to have more child care assistant 35 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 {sic} providers out there. We have many, many working moms, women that actually are doing these jobs and I really believe that this is the right thing to do for them.
PRESIDING OFFICER: (SENATOR HARMON) Senator Syverson.
Thank you. And -- and I understand the importance of us having -- having some of the training programs. Some of that could, of course, be, I think, negotiated with part of the labor -- labor agreements as well, but in addition to the -- I think in addition to the fourteen million for the training, the cost of the insurance will be another couple million and then the ongoing training would have added costs as well. So I guess the concern is, at a time when we're having struggles to pay daycare providers, to pay our long term care providers, to pay some of our human service providers, to add a new program that has a cost to it makes it more difficult, because we know we don't have enough money, which means that if we're going to spend this fourteen to twenty million, that means someone else is not going to get paid, and I -- that's just -- it's difficult I think at this stage to do that. And so I guess I would urge on our side we hold off on this until we get better revenue to come in to deal with a lot of these other human service programs. But, again, I appreciate what you're trying to do. I know the intent is well. I'm just concerned again about the -- the cost factor of this. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Senator Martinez, to close.
Thank you. While I understand that it's a cost factor, I 36 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 just think it's very important that, you know, that our providers out there are being paid a decent wage. And I know -- as we continue to move forward with the budget, I really believe that this is an important component, because we need to have these providers out there ready to serve and provide the services that are needed in our community. So I encourage an -- an Aye vote. This is an SEIU initiative. I really believe this is the right thing to do, and hopefully, as we move forward on the budget, this will be also part of the negotiations and the -- the funding conversation when that happens. I ask for an Aye vote.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator Martinez. The question is, shall Senate Bill 2536 pass, notwithstanding the veto of the Governor. To remind Members, this vote requires a three-fifths supermajority. 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 38 voting Aye, 19 voting No, none voting Present. Senate Bill 2536, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Next on our Calendar is Senate Bill 2767. Senator Jones has filed a motion. Mr. Secretary, please read the motion.
I move that Senate Bill 2767 do pass, notwithstanding the veto of the Governor. Signed by Senator Emil Jones.
PRESIDING OFFICER: (SENATOR HARMON) Senator Jones, on your motion.
37 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Bill 2767, according to Cook County, the Governor -- Governor misunderstands the effect of the bill. Cook County is attempting to explain -- attempted to explain to the Governor's Office that Cook County will collect delinquent property taxes through a third party, but will not raise the property tax to the taxpayers. We passed this bill up out of here 55 to 0 and it had a 108 votes in the House. I'm looking for a Aye vote. Thank you.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Any discussion? Seeing none, the question is, shall Senate Bill 2767 pass, notwithstanding the veto of the Governor. 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 40 voting Aye, 14 voting No, none voting Present. Senate Bill 2767, having received the required -- required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. We'll turn now to Senate Bill 2931. Mr. Secretary, please read Senator Hastings' motion.
I move that Senate Bill 2931 do pass, notwithstanding the veto of the Governor. Signed by Senator Hastings.
PRESIDING OFFICER: (SENATOR HARMON) Senator Hastings, on your motion.
Thank you, Mr. President. This bill proposes raising the wages for home health care workers from thirteen to fifteen dollars an hour. I'll answer any questions. 38 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016
PRESIDING OFFICER: (SENATOR HARMON) Is there any discussion? Any discussion? Senator Righter, for what purpose do you seek recognition?
To the gentleman's motion, if I might, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) To the motion, Senator.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. Ladies and Gentlemen, we have before us another bill that was passed by the Majority that - this one's eighty-seven million dollars - goes to the second floor, the second floor explaining to us in this bill, as they have in previous bills, as they did this past spring Session, as they did in the year before that, we don't have the money. We don't have the money. In the last couple years, two budgets have passed the General Assembly to the Governor's Office. Collectively, they have spent in terms of deficits over ten billion dollars, but, hey, let's just throw another eighty-seven million on the pile and tell the people who should be -- the intended recipients of this, hey, we took care of you. We took care of you. No, you didn't, 'cause you didn't pay for it. You didn't pay for it. This is another false promise. Can we stop with the false promises? I would urge a No vote. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Seeing no further discussion, the question is, shall Senate Bill 2931… Senator Hastings, you wish to close?
39 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 I do, Mr. President. First, I'd just like to address the previous speaker, and his numbers are similar to numbers that are proposed by this administration. They're grossly inflated, and I'll just tell you that his number is -- is far off from what the actual number is. And I'm actually kind of tired of the rhetoric that comes from that side of the aisle when it says this is the number and that should be the gospel. That's not the gospel. That's not the number. Be truthful with your number. Thanks. You should have got up and spoke earlier. This administration consistently attacks organized labor. And there's a man who worked in this building, he said, if any man tells you that he loves America, but yet he hates labor, he's a liar. And if any man tells you that he trusts America, but yet fears labor, he's a fool. Well the same thing can be related straight to the State of Illinois. We have a man who vetoed this bill who says he loves Illinois, but yet he hates labor. We have a man who vetoed this bill that says he trusts Illinois, but yet he fears labor. Well, by Honest Abe's standard, because Abraham Lincoln, who served in this legislative Body, that makes this current administration liars and fools. This administration is working in a systematic nature to degrade and denounce working-class men and women of organized labor. This Governor is destabilizing a system of care by stripping workers, some of the lowest paid in the State, of a living wage, health insurance, and much-needed training. I guess you wouldn't understand that if you had a silver spoon in your hand. So if you support the working-class men and women of organized labor in this State of Illinois, now's your time - now's your time. But if you want to ditch 'em and be a liar and a fool, go ahead and vote No. Thank you, Mr. President. 40 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016
PRESIDING OFFICER: (SENATOR HARMON) And the question is, shall Senate Bill 2931 pass, notwithstanding the veto of the Governor. 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 39 voting Aye, 19 voting No, none voting Present. And Senate Bill 2931, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Next on our Calendar is Senate Bill 2982. Senator Noland, do you wish to proceed? Ladies and Gentlemen of the Senate, Senate Supplemental Calendar No. 1 has been printed and delivered to the Members' desks. On that Supplemental Calendar is Senator Sandoval's motion to override the veto of the Governor on Senate Bill 2439. Do you wish to proceed? Mr. Secretary, please read the motion.
I move that Senate Bill 2439 do pass, notwithstanding the veto of the Governor. Signed by Senator Sandoval.
PRESIDING OFFICER: (SENATOR HARMON) Senator Sandoval, on your motion.
Thank you, Mr. President and Members of the Illinois Senate. Senate Bill 2439 provides pension parity for police and firefighters in municipalities too -- too small to support their own pension fund. Senate Bill 2439 is a -- a bill that passed both Chambers and over -- overwhelmingly last year. Senate overrode the Governor's veto of Senate Bill 763 with a 42 to 10 vote. The sponsor in the House did not call the bill for a vote 41 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 override. I'd ask for a favorable vote.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Is there any discussion? Senator Nybo, for what purpose do you seek recognition?
Mr. President, for purposes of a -- of questioning, if my good friend will yield.
PRESIDING OFFICER: (SENATOR HARMON) Sponsor indicates that he will yield. Senator Nybo.
Senator, did you read the Governor's veto message on this bill?
PRESIDING OFFICER: (SENATOR HARMON) Senator Sandoval.
Not all of it.
PRESIDING OFFICER: (SENATOR HARMON) Senator Nybo.
Can -- Senator, can you give me your understanding of why the Governor vetoed this bill?
PRESIDING OFFICER: (SENATOR HARMON) Senator Sandoval.
I just don't support his veto, my man.
PRESIDING OFFICER: (SENATOR HARMON) Senator Nybo.
Senator, you're -- you're a very good Senator. You -- you 42 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 must have some understanding of why the Governor has vetoed this bill. Can you share that with us?
PRESIDING OFFICER: (SENATOR HARMON) Senator Nybo, the -- the -- let's -- can we reframe our questions as if we were not a prosecutor with a witness on the stand and try to ask a direct question of Senator Sandoval that he might be able to answer?
Mr. President, to the bill.
PRESIDING OFFICER: (SENATOR HARMON) To the -- to the motion, Senator.
And I appreciate that admonishment, so thank you very much. Look, the Governor vetoed this bill because effectively what we're doing through your legislation, Senator Sandoval, is -- is we're allowing public bodies to impose new pension obligations on the districts, the municipalities, the counties that they represent, even if the residents have overwhelmingly said they do not want to incur new pension obligations. So, why don't we give the power over pension decisions to the people if the people have said that they don't want to incur new obligations? I think the Governor's rationale is reasonable. I would have hoped that you would've familiarized yourself with it and -- and maybe this is something that we can continue to work on, but this is something that it's just going to enhance pensions against the will of the taxpayers. I'm going to vote No.
PRESIDING OFFICER: (SENATOR HARMON) Senator Sandoval, to close.
43 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 Senator, I don't really appreciate your tone, nor I appreciate how you addressed me this afternoon. I don't have time for liars and fools on the other side of the aisle and I have never treated you in that manner. And the nature of the Governor's veto was about local control. I've read it. I've read it. And I don't appreciate it. I'm letting you know on the record, my friend. I'd ask a favorable vote.
PRESIDING OFFICER: (SENATOR HARMON) The question is, shall Senate Bill 2439 pass, notwithstanding the veto of the Governor. 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 40 voting Aye, 15 voting No, none voting Present. And Senate Bill 2439, having received the required three-fifths majority, is declared passed, notwithstanding the veto of the Governor. Ladies and Gentlemen of the Senate, we're going to remain on the regular Calendar. We're at the bottom of page 4. We're turning now to Motions to Override Specific Recommendations of the Governor. Senator Mulroe has filed a motion with respect to Senate Bill 440. Mr. Secretary, please read the motion.
I move that Senate Bill 440 do pass, notwithstanding the specific recommendations of the Governor. Signed by Senator Mulroe.
PRESIDING OFFICER: (SENATOR HARMON) Senator Mulroe, on your motion.
Thank you, Mr. President, Members of the Senate. Senate Bill 44 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 440 addresses three issues, all related to police officers, firefighters, and paramedics from the City of Chicago. I'd categorize it -- the bill as a cleanup, catch-up, and a trailer bill. The first part of the bill actually provided -- it -- it was a cleanup to -- or trailer bill to Senate Bill 77. It provides a minimum annuity to widows or widowers of police officers, firefighters, or paramedics. It's a hundred twenty-five percent of the Federal Poverty Level. Some of the widows or -- or widowers were actually receiving less. So we want to make sure they -- that we provided a minimum for those widows or widowers so they don't end up eating dog food. The second is a cleanup to our Tier 2 changes. Unfortunately, what was omitted in there was line of duty deaths. So if you are a Tier 2 member of the Chicago Police or Fire Department and you die in the line of duty, your families would not receive any benefits at the current time - that was inadvertently admitted. This change would add the benefits to -- to members or family members of a -- a police officer or firefighter or paramedic who died in the line of duty. Finally, the last part of the bill moves the born before date from 1955 to 1966. We have been moving the date from -- since 1982, which started at before 1930. We got stuck at 1955. It's been about twelve years since we've neglected to move it. And this merely moves the date to -- to born before 1966. The Governor amendatorily vetoed the third part, which was to move the born before date. I'd be happy to answer any questions.
PRESIDING OFFICER: (SENATOR HARMON) Thank you, Senator. Senator Sullivan in the Chair.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator Nybo, for what purpose do 45 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 you rise?
Thank you, Mr. President. I'm going to skip the question and -- and -- and address the bill and I'm going to try to be more respectful to my good friend, Senator Mulroe, this time. Look, I'm just going to read verbatim what the Governor's veto message says. "I support many of the changes in Senate Bill 440, despite that opposition. I am returning the bill, however, to enable further consideration of the COLA rate, which should be considered in the context of broader pension reform." Senator Mulroe, the Governor supports this bill. He had -- this is an -- this is a - - an amendatory veto that he -- he wants to slightly change it and he wants you to take under consideration one component of your bill, which is the COLA. And -- and I don't know why we would need to completely disregard his suggestion, which I think is eminently reasonable, given the pension problems that we have in this State. So I interpret this vote that if you vote to override this, essentially what you're saying is you don't think there's a pension problem, because if you think there's a pension problem in this State, we should all be working together to address those issues and not unilaterally trying to impose one person's view over another. So I -- I urge a No vote on this and I'd ask you to go downstairs and try to work with the Governor on ironing out the COLA issue.
PRESIDING OFFICER: (SENATOR SULLIVAN) Seeing no further discussion, Senator Mulroe, to close.
You know, my only response to that is -- well, two responses - first of all, I think his amendatory veto is noncompliant. It 46 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 was a substantive change. If he wanted to veto the entire bill, go ahead. Secondly, we're talking about one person's view over many. Thirty -- I think we had thirty-nine Senators voted for this bill in the Senate - that's thirty-nine versus the one person, the Governor's amendatory veto. So if we're talking about one person's view, it's the Governor's, not the many in the Senate. In addition, in the House, there were eighty-six Members of the House that thought this was a good bill and that it was appropriate. It was something that we've neglected to do since - - you know, that we've been doing since 1982. It's a catch-up. Currently, Chicago police officers born after 1955 get a one-and- a-half-percent simple COLA - compared to most people that in this State and other people in the City, they get a three-percent compounded COLA. We are just consistently moving the date up to be born before 1966 - that was an agreement that was reached in 1982 - so that anybody born before 1966 now, not after, will get a three-percent simple COLA, not the one and a half percent. Anyone born after 1966 will only still get a one and a half percent. And these are Chicago police officers, firefighters, and paramedics that put their life on the line every day for us. They leave their home and they don't know whether they're going to come home and they serve and protect us and they serve and protect the people that are offending them. So I'd ask for an affirmative vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) The question is, shall Senate Bill 440 pass, notwithstanding the specific recommendations of the Governor. 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. 47 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 Secretary, take the record. On that question, there are 37 voting Aye, 15 voting Nay, 0 voting Present. Senate Bill 440, having received the required three-fifths constitutional majority, is declared passed, notwithstanding the specific recommendations of the Governor. Ladies and Gentlemen, with leave of the Body, if you'll turn to the top of page 5 of the regular Calendar on Motions in Writing, Override Specific Recommendations-Senate Bills, we have Senate Bill 2964. 2964. Senator Harmon. Mr. Secretary, please read the motion.
I move that the -- that Senate Bill 2964 do pass, notwithstanding the specific recommendations of the Governor. Signed by Senator Harmon.
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Harmon.
Thank you, Mr. President, Ladies and Gentlemen of the Senate. As you would likely recall from our debate on the -- the bill here in the Senate, the -- the bill seeks to codify long-standing practices within the Department of Labor as to how to ascertain prevailing wage rates. The Governor has made specific recommendations for change and I move to override the Governor's amendatory veto. I'd be happy to entertain any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Is there any discussion? Senator Righter, for what purpose do you seek recognition?
To the gentleman's motion, if I might, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) 48 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 To the motion, Senator Righter.
Thank you very much. Ladies and Gentlemen, as Senator Harmon has mentioned, the Governor has vetoed this. If anyone's taken the time to look - and I know Senator Harmon has - at the veto message, the Governor's concerned about the prevailing wage. We all know that. Now, all of us - all of us - all of us get up at one point or another, particularly those of us who were out talking to constituents in the last three or four months and talked about how we need more jobs in Illinois. That's a great line, but at some point, that means you come back to this building and you have to vote for things that would help create more jobs or against things that will help suffocate economic growth. The Governor has said this is one of those. Urge a No vote. Thank you, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Senator Harmon, to close.
Thank you, Mr. President, and I appreciate the comments. I don't think that's exactly what the Governor said and I think we do need more good-paying jobs in Illinois and setting up uniform and -- and reasonable prevailing wage, as we have for decades, is the right way to do that. So I'd ask you all to join me in voting to override the amendatory veto.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Ladies and Gentlemen, the question is, shall Senate Bill 2964 pass, notwithstanding the specific recommendations of the Governor. All those in favor will vote Aye. Opposed, Nay. The voting is open. Have all voted who wish? 49 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 Have all voted who wish? Have all voted who wish? Mr. Secretary, take the record. On that question, there are 41 voting Aye, 17 voting Nay, 0 voting Present. Senate Bill 2964, having received the required three-fifths constitutional majority, is declared passed, notwithstanding the specific recommendations of the Governor. Ladies and Gentlemen, with leave of the Body, if you'll turn to page -- back to page 2 on the Order of House Bills 3rd Reading, we have House Bill 6074. Senator Link. 6074. We had this bill up on the board just a moment ago. It was pulled from the record. Senator Link, you wish to proceed? Mr. Secretary, please read the bill.
House Bill 6074. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Link.
Thank you, Mr. President. As I say, this is conveying land for the City of North Chicago and for the Village of Crestwood. Be more than happy to answer any questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Senator Barickman.
Thanks -- thanks, Mr. President. To the bill. First of all, to the sponsor, who says we can't get along in here? I asked for fifteen minutes. You gave sixty-five. Thank you. I do -- I do appreciate -- I do appreciate the sponsor's willingness to allow us some time to look at this. We had a chance to talk to IDOT. 50 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 IDOT does have some concerns. The concerns they raise is that there were not multiple appraisals done, which is contrary to their policy. That said, sounds like there was some problems in IDOT with this one. Locally, IDOT said, let's do this. The State didn't know what was going on. Additionally, I think this is to benefit the -- a U.S. Navy museum. Sounds like a -- a great project and I'm going to support this. Thank you, again, Senator Link.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Seeing no further discussion, Ladies and Gentlemen, as this bill has an immediate effective date, it will require a three-fifths or thirty-six votes to pass. Ladies and Gentlemen, the question is, shall House Bill 6074 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 6074, having received the required three-fifths majority, is declared -- having -- yep, having received the required three- fifths majority, is declared passed. Patti Vasquez with WGN Radio requests -- requests permission to take still photographs. Seeing no -- seeing no objection, leave is granted. Ladies and Gentlemen, with leave of the Body, going to turn to the top of page 2 of the regular Calendar on the Order of House -- excuse me, Senate Bills 3rd Reading. We have Senate Bill 586. Senator Hunter, do you wish to proceed? Mr. Secretary, Senator Hunter seeks leave of the Body to return House Bill 586 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading, we have House Bill 586. Mr. Secretary, are there any committee or 51 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Hunter.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter, to present Floor Amendment 1.
Thank you, Mr. President. Floor Amendment 1 deletes all and becomes the bill. And it basically extends the "Carolyn Adams Ticket For The Cure", which is a scratch-off game, and it's set - - it is set to discontinue December 31st, 2026. Currently, it is -- it will sunset December 31st of this year. And I would ask for an Aye vote.
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. Mr. Secretary, are there any further Floor amendments approved for consideration?
No further amendments reported.
PRESIDING OFFICER: (SENATOR SULLIVAN) 3rd Reading. Now on the Order of 3rd Reading is Senate Bill 586. Mr. Secretary, please read the bill.
Senate Bill 586. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Hunter.
52 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 I've explained the intent of the bill, so I would ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? Is there any discussion? Seeing none, Ladies and Gentlemen, the question is, shall Senate Bill 586 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, 0 voting Nay, 0 voting Present. Senate Bill 586, having received the required constitutional majority, is declared passed. Okay, Ladies and Gentlemen, if -- we're still on page 2 of the regular Calendar, Senate Bills 3rd Reading. We have Senate Bill 261. Leader Lightford, do you wish to proceed? Indicates that she does. Mr. Secretary, please read the bill. Mr. Secretary, Senator Lightford seeks leave of the Body to return Senate Bill 261 to the Order of 2nd Reading. Seeing no objection, leave is granted. Now on the Order of 2nd Reading is Senate Bill 261. Mr. Secretary, are there any Floor amendments approved for consideration?
Floor Amendment No. 1, offered by Senator Lightford.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford, to present Floor Amendment 1.
Thank you, Mr. President. Ladies and Gentlemen of the Senate, Senate Bill 261, as amended, would ensure that people with disabilities have the right to select a home care provider of their choice and may determine the number of hours worked weekly by the provider, subject to the monthly limit of hours in the consumer's 53 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 service plan. It would additionally prohibit the State and its Departments from limiting the numbers of hours a provider of home care services may work. This is a response to the Illinois Department of Human Services' attempt to cap the number of hours home care workers may work at forty hours per week. I'd be happy to answer questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Okay. There -- is there any discussion on the amendment? 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, we have Senate Bill 261. Mr. Secretary, please read the bill.
Senate Bill 261. (Secretary reads title of bill) 3rd Reading of the bill.
PRESIDING OFFICER: (SENATOR SULLIVAN) Leader Lightford.
Thank you, Mr. President. The amendment is the bill. I just read the description. I'll be happy to answer questions.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Senator Nybo, for what purpose do you seek recognition? 54 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016
Thank you, Mr. President. Will the sponsor yield?
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates she will yield for questions. Senator Nybo.
Leader Lightford, good to see you. We missed you at the hearing this morning. We had a very robust discussion of -- of this bill in Judiciary this morning. I -- I trust you heard about some of the comments that were discussed. So, you are aware that the Department is in a rulemaking process right now, actively considering the substance of Senate Bill 261, the ideas that are discussed in it, and going through a process of trying to address the concerns that you're trying to address in this bill. You're -- you're aware that there's a rulemaking process going on right now?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford.
Yes, Senator, I have been brought up to where -- what all I missed this morning. I am aware of that. However, I think there's limitations from JCAR, and if we present the best bill that we possibly can, I think it would better help serve the people who have disabilities and move this down the line much quicker.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Nybo.
Leader, I -- I -- I asked a lot of questions and a lot of Members at the hearing asked a lot of questions as well, too, and the impression I got was that the Department is -- is really going 55 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 to take those concerns to heart and -- and try to address concerns raised by our President Pro Tem, other leaders on your side - Senators, who expressed sincere and, I think, valid concerns. Why -- why are we not just going to give the Department a chance to - - to -- to fix this? Why do we need legislation at this point before they've had the opportunity to even attempt to finalize a rule?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford.
Right. So there's been a process of this already, Senator, and it's already come before the Department and we see this as a misuse of power from the Department in overstepping the boundaries that the initial legislation was set forth. So, and our effort now would be to provide JCAR with as much -- well, they're limited in their scope - and allow for the legislation itself to provide the necessary steps we need to make sure that these individuals that are receiving home care services, that they're not in jeopardy of losing this service. Now, be mindful that these are persons who -- we had a testimony by Mr. K.L. Clinton from Effingham, who has no usage of his body from his neck down, and his parents are his providers, and it's important that they feel safe, that they feel protected, and that they're being cared for. And it's important that we make sure that they continue to receive the home care services that's needed while this debate has been going on. I'm trying to find my note here to reflect where we are in the process and I think -- oh, here it is. Let me share just an overview with you really quick, if I could put my finger on it.
PRESIDING OFFICER: (SENATOR SULLIVAN) 56 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 Senator Lightford.
…Mr. President. So, Senator, the court had already issued a ruling that what the Department was doing was not in good standing. And so I think that it's important that we continue to move this measure. You already know it. It's already went through the court system. The Department was already found to not be in good standing and so we'd like to just move this measure forward.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Nybo.
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill.
Leader Lightford, I -- I -- I do applaud what you're trying to do here. I mean, we did have a good discussion at the committee and I think everybody's got the same goal here. People who are receiving in-home care deserve the highest quality of care and nobody wants to diminish that. What the Department is attempting to do is -- is something that any employer would want to do, which is to try to have some control over the number of hours worked by their employees. I -- I know I've referenced, you know, what I do in -- in my outside life. I work with employers and you try to control overtime costs. The Department had less than twenty-four hours' notice to come and -- and respond to your bill. I now have in front of me instances where there have been abuse of -- of the availability of overtime. They're just trying to get the opportunity to -- to control their cost, to control hours worked. 57 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 And when you have people working the right number of hours, not only does that benefit the State, but it also benefits the worker, because we're not overworking people. And it also benefits the people who are receiving care, because they're receiving care from people who are not being overtaxed. And so I think it's eminently reasonable what the Department's trying to do. I would say, let them do their job. We don't need a -- a piece of legislation for this. They're addressing your concerns. Let them do their job. I'd say vote No.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Haine, for what purpose do you seek recognition?
To the bill, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) To the bill, Senator Haine.
To answer the previous speaker's question, the answer to it is that we don't have confidence in the Department. That's why we're pursuing this course of action. It's known as legislation. We hear a petition to redress grievances and we address them. The Department on Aging and their CPPRT, which -- has reduced eligibility, which has caused tremendous concern, anxiety in my district. We have the DON score issue. We have two witnesses who appear in front of the -- the committee saying they don't have sufficient information because they -- we -- the bill was yesterday, even though they were there arguing that the JCAR process has been in effect for weeks if not months. So in -- in my opinion, as a Member of this Senate, if this is of such great 58 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 moment, where is Felicia Norwood in front of the committee to answer the questions of the Members of the Senate, which affects the people of our districts? That's the answer to the question. That's why we're proceeding now in the Senate and why JCAR is insufficient. They have made it insufficient and Director Norwood should be in here answering these questions in front of the -- the -- the committee, not sending two poor ladies there to bear the brunt of it. I recommend a No vote -- I mean a Yes vote. And I also recommend we break for Thanksgiving after this vote. The tension's… Well, anyway…
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Morrison, for what purpose do you seek recognition?
Thank you, Mr. President. Will the sponsor yield for a quick question?
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates she will yield. Senator Morrison.
Senator, can you just clarify for me, when we talk about "provider" in this bill, we're talking about an individual person who is caring for someone versus an agency?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford.
Yeah, it's the individual person.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Morrison.
59 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 And is there a tremendous shortage of these individual people that results in a resulting overage -- I mean overtime problem? Is that -- is that where this is coming from?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford.
No, this is coming from individuals who need home care services. They are -- I'll give myself as an example. I was approved for fifty hours a week of services and the person that assists me on a regular basis, once they reach forty hours, what do we do with the ten hours left and care that I need? So now I have to find another person to be able to care for me and tend for me, just as the person who's been doing it for forty hours a week, to come in for ten hours. That's a challenge, because now what client has just ten hours to come over and attend to me, because they have jobs that they're attending to? So you're mixing individuals up with different families and different cases in different situations, and if you're in a situation where you're paralyzed from your neck down or you can't tend to yourself at all, you would like to have that consistency and that person that you trust, that know you, that can tend to you and not just some random person coming to satisfy the last ten hours of your service. So I think it's just very difficult to find another qualified home care service provider that has just ten hours that they can tend to you a week.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Morrison.
So I guess my question is, is there a shortage of those people 60 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 who are willing to work ten hours a week for -- in your example?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford.
I -- I don't know that to be factual, but what I would say is yes. They're only paid thirteen dollars an hour. I wouldn't want to hop around ten hours here, there, there, for thirteen dollars an hour. So I would say yes.
PRESIDING OFFICER: (SENATOR SULLIVAN) Further discussion? Senator Righter, for what purpose do you seek recognition?
Thank you, Mr. President. Will the sponsor yield, please?
PRESIDING OFFICER: (SENATOR SULLIVAN) Indicates she will. Senator Righter.
Senator, I listened carefully. I listen carefully at all the comments here. I listened particularly so to those of Senator Haine - I understand by using his name he will get back up again and that's just fine - that -- that he suggested that Director Norwood should have shown up at the committee, rather than the two people she sent. Just to help Senator Haine out, those people, I think, were from DHS. They don't work for Director Norwood. They work for the Secretary of DHS. Having said that, I wonder, Senator, if you -- he makes a good point. I wonder, Senator, if you would be willing to pull this out of the record, let's go back -- I -- I wonder if you would be willing, at Senator Haine's request, to pull this bill out of the record. Let's go back and have a committee hearing, and I personally guarantee you that the 61 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 Secretary of the Department of Human Services will show up and talk. Deal?
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford.
I -- no deal, first. I appreciate the comments of the previous speaker in identifying -- answering the question the best that he did, but Director Dimas is the Director of DHS, Director Norwood is at HFS, and I think the individuals who were in committee today provided the best testimony necessary. And I encourage all of us to support this initiative.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Righter.
To the bill, if I might, Mr. President, briefly. Thank you, Mr. President. Ladies and Gentlemen, this isn't about who showed up at a committee hearing and who didn't show up at a committee hearing. This is an attempt to manage the overtime hours that are being worked and therefore the amount of money that the taxpayers are paying. This bill all but strips the Department of regulatory authority. Someone's got to run the program. Is it going to be you? I don't think so. No. So we will be back here. If this bill becomes law, we will be back here in a year, maybe a year and a half, if we get lucky, fixing this because no one was allowed to run the program. At some point, you gotta manage things, and if things go for a long enough period of time and you don't manage things and you just keep spending money, these are the kinds of things we need to do. We can face that reality now or we can face it later. I urge a No vote. Thank you, Mr. President. 62 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Lightford, to close.
Thank -- thank you, Mr. President, and thank you for all the comments. I think, at the end of the day, one of the things that we have to recognize is this is a vulnerable population that we ought to make sure have the best care possible. Allowing them an opportunity to remain in their homes and not be put in a nursing home, actually saves us quite a bit of money. The overage that's being asked for here has been already included in the FY'17 proposed budget by the Department and I encourage us to support people with disabilities across the State of Illinois. Ask for an Aye vote.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Ladies and Gentlemen, the question is, shall Senate Bill 261 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 38 voting Aye, 18 voting Nay, 0 voting Present. And Senate Bill 261, having received the required constitutional majority, is declared passed. Will all members of the Committee on Assignments please come to the President's Anteroom immediately? All members of the Committee on Assignments, to the President's Anteroom. Senator Rooney, for what purpose do you seek recognition?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point. 63 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016
About three years ago when I was the Mayor of the City of Rolling Meadows and was down here, my predecessor, Senator Murphy, felt the need to point everybody up to the gallery to announce that I was there; therefore, I feel it's only proper to return the favor. So over on the Democrat side up in the gallery, my predecessor, your former colleague, Matt Murphy, is in the house.
PRESIDING OFFICER: (SENATOR SULLIVAN) Welcome back, Senator Murphy. Senator Oberweis, for what purpose do you seek recognition?
I have an announcement I'd like to make.
PRESIDING OFFICER: (SENATOR SULLIVAN) Ladies and Gentlemen, shh. Senator Oberweis.
For anyone that might be interested, I have two United Airlines Global upgrades that I'm not going to have a chance to use. They expire in January. So if anybody is going to Italy for any special events or anywhere else on United Airlines on a coach ticket and they'd like to upgrade to business class, I will be happy to arrange that for you if possible.
PRESIDING OFFICER: (SENATOR SULLIVAN) Mr. Secretary, Committee Reports.
Senator Harmon, Chairman of the Committee on Assignments, reports the following Legislative Measures have been assigned: Refer to Appropriations I Committee - Senate Bill 3443; refer to Judiciary Committee - Senate Bill 3448; refer to Local Government Committee - House Bill 6418. 64 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 Signed, Senator Don Harmon, Chairman.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Rose, for what purpose do you seek recognition?
Point of personal privilege, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Please state your point.
Ladies and Gentlemen, Article IV of the Illinois Constitution, Section 15 - Article IV, Section 15 of the Constitution regards adjournment resolutions. In order to adjourn, both Chambers have to agree. This was supposed to be a three-day Session; it's now a two-day Session. The clock is ticking. If we don't adjourn, the House can't stay out for more than three days. We can be adults here.
PRESIDING OFFICER: (SENATOR SULLIVAN) We will now proceed to the Order of Resolutions Consent Calendar. With leave of the Body, all those resolutions read in today will be added to the Consent Calendar. Mr. Secretary, have there been any objections filed to any resolution on the Calendar?
No objections filed, Mr. President.
PRESIDING OFFICER: (SENATOR SULLIVAN) Thank you. Is there any discussion? If not, the question is, shall the resolutions on the Consent Calendar be adopted. All those in favor will say Aye. Opposed, Nay. The Ayes have it. The motion carries, and the resolutions are adopted. Mr. Secretary, Messages from the House.
65 STATE OF ILLINOIS 99th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 130th Legislative Day 11/16/2016 A 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 165. Offered by Senator Harmon. (Secretary reads HJR No. 165) Adopted by the House, November 16th, 2016. Timothy D. Mapes, Clerk of the House.
PRESIDING OFFICER: (SENATOR SULLIVAN) On the Order of Resolutions is House Joint Resolution 165. Mr. Secretary, read the resolution.
House Joint Resolution 165, offered by Senator Harmon.
PRESIDING OFFICER: (SENATOR SULLIVAN) Senator Harmon moves to suspend the rules for the purpose of the immediate consideration and -- and adoption of House Joint Resolution 165. All those in favor will say Aye. Opposed, Nay. The Ayes have it, and the rules are suspended. Senator Harmon moves for the adoption of House Joint Resolution 165. All in favor will say Aye. Opposed, Nay. The Ayes have it, and the resolution is adopted. Ladies and Gentlemen, have a safe and happy Thanksgiving. There being no further business to come before the Senate, pursuant to the House Joint -- Joint -- House Joint Resolution 165, the Senate stands adjourned until the hour of 12 noon on the 29th day of November 2016, or until the call of the Senate President. The Senate stands adjourned. 66